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75A - 301 EAST JEANETTE LANE
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75A - 301 EAST JEANETTE LANE
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Last modified
1/3/2012 4:23:09 PM
Creation date
2/24/2009 2:29:24 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
3/2/2009
Destruction Year
2014
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DRAFT <br />(2) If after the cure period has elapsed, the Executive Director finds <br />and determines that Owner has not cured the default pursuant to this Section 7.2, Owner shall be <br />entitled to appeal that finding and determination to the City Council by filing an appeal with the <br />City Clerk, if at all, within fourteen (14) days after the mailing of such finding and determination <br />to Owner, or its successors, transferee, and/or assignees, as the case may be. The City Council <br />shall act upon the finding and determination of the Executive Director within ninety (90) days <br />after the filing of such appeal. In the event of a finding and determination that all defaults are <br />cured, there shall be no appeal by any person or entity. <br />(3) The City does not waive any claim of defect in performance by <br />Property Owner, if on periodic review the City does not propose to modify or terminate this First <br />Amendment. <br />third person. <br />(4) Non-performance shall not be excused because of a failure of a <br />(5) An express repudiation, refusal, or renunciation of the contract, if <br />the same is in writing and signed by the Owner, shall be sufficient to terminate this First <br />Amendment and a hearing on the matter shall not be required. <br />(6) Adoption of a law or other governmental activity making <br />performance by the Owner unprofitable or more difficult or more expensive does not excuse the <br />performance of the obligation by the Property Owner. <br />(7) All other remedies at law or in equity which are not inconsistent <br />with the provisions of this First Amendment are available to the parties to pursue in the event <br />there is a breach. <br />7.3 Damages upon Termination. In no event shall Property Owner be <br />entitled to any damages against the City upon termination of this First Amendment for an Owner <br />Event of Default. <br />7.4 Institution of Legal Action. In addition to any other rights or remedies, <br />either party may institute legal action to cure, correct, or remedy any default or breach, to <br />specifically enforce any covenants or First Amendments set forth in the First Amendment, or to <br />enjoin any threatened or attempted violation of the First Amendment; or to obtain any remedies <br />consistent with the purpose of the First Amendment. Legal actions shall be instituted in the <br />Superior Court of the County of Orange, State of California, or in the Federal District Court in <br />the Central District of California, Southern Division. <br />12 <br />75A-86 <br />
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