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75A - 301 EAST JEANETTE LANE
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75A - 301 EAST JEANETTE LANE
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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 />new owner, in taking such action as may be necessary to cancel and discharge this First <br />Amendment and to remove Owner named herein from the Sky Lofts Property. <br />8.6 Releases. The City agrees that upon written request of Property Owner <br />and payment of all fees and performance of the requirements and conditions required of Owner by <br />this First Amendment with respect to the Sky Lofts Property, or any portion thereof, the City <br />shall execute and deliver to Owner appropriate release(s) of further obligations imposed by this <br />First Amendment in form and substance acceptable to the Orange County Recorder or as may <br />otherwise be necessary to effect the release. <br />9. MISCELLANEOUS PROVISIONS. <br />9.1 Rules of Construction. The singular includes the plural; the masculine <br />gender includes the feminine; "shall" is mandatory; "may" is permissive. If there is more than one <br />signer of this First Amendment, their obligations are joint and several. <br />9.2 Entire Agreement, Waivers and Amendments. This First Amendment <br />constitutes the entire understanding and agreement of the parties with respect to the matters set <br />forth in this First Amendment. This First Amendment supersedes all negotiation or previous <br />agreements between the parties respecting this First Amendment, including without limitation the <br />Original Agreement and/or the Amended Agreement. All waivers of the provision of this First <br />Amendment must be in writing and signed by the appropriate authorities of the City or of Owner. <br />All amendments to this First Amendment must be in writing signed by the appropriate authorities <br />of the City and Owner, in a form suitable for recording in the Official Records of Orange County, <br />California. Upon the completion of performance of this First Amendment or its revocation or <br />termination, an appropriate Certificate of Completion acknowledging such occurrence signed by <br />the appropriate agents of Owner and the City shall be recorded in the Official Records of Orange <br />County, California. <br />9.3 Sky Lofts Project as a Private Undertaking. It is specifically understood <br />by the parties that: (a) the Sky Lofts Project is a private development for purposes of <br />Government Code Section 65864 et seq.; (b) the City has no interest in or responsibilities for or <br />duty to third parties concerning any improvements to the Sky Lofts Property or in connection <br />with the Sky Lofts Project; and (c) Owner shall have the full power and exclusive control of the <br />Sky Lofts Property subject to the obligations of Owner set forth in this First Amendment. <br />9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First <br />Amendment are part of this First Amendment. <br />9.5 Captions. The captions of this First Amendment are for convenience and <br />reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the <br />interpretation, construction, or meaning of any of the provisions of this First Amendment. <br />15 <br />75A-89 <br />
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