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25F - AGMT - NATIVE PLANT NURSERY
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03/21/2011
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25F - AGMT - NATIVE PLANT NURSERY
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Last modified
1/3/2012 3:49:42 PM
Creation date
3/16/2011 5:44:06 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
3/21/2011
Destruction Year
2016
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DO NOT RECORD <br />extended for a period equivalent to the period of delay, and performance of the act during <br />the period of delay will be excused, provided, however, that nothing contained in this <br />section shall excuse the prompt payment of compensation by BTN as required by this <br />Agreement or the performance of any act rendered difficult solely because of the <br />financial condition of the party, City or BTN, required to perform the act. <br />15. Access. City shall provide access to the nursery facilities to BTN, and its <br />employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven <br />(7) days a week. City represents and warrants that it has full rights of ingress and egress <br />to and from the nursery facilities, and hereby grants such rights to BTN to the extent <br />required to maintain, and operate BTN's program within the facilities. BTN's exercise of <br />such rights shall not cause undue inconvenience to City. <br />16. Restrictions on Assignment. This Agreement is entered into specifically <br />with the parties in mind. Therefore, neither party shall assign any or all of its rights <br />under this License without the prior written consent of the other party, in its sole and <br />absolute discretion. <br />17. Notices. All written notices required to be given pursuant to the terms <br />hereof shall be delivered to the following addresses, or to such other address as the <br />receiving party may from time to time specify by written notice to the other party: <br />To BTN: Back To Natives Restoration <br />P.O. Box 6539 <br />Irvine, CA. 92612-6539 <br />Attn: Reginald 1. Durant, Program Director <br />Telephone No.: (949) 509-4787 <br />Fax No.: () ****** <br />E-mail: Info@backtonatives.org <br />To the City: <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Attn: Clerk of the City Council <br />Telephone No.: (714) 647-6520 <br />Fax No.: (714) 647-6956 <br />With a copy to: <br />Executive Director of the Recreation & Comm <br />Services Agency <br />26 Civic Center Plaza <br />Santa Ana, California 92701 <br />Telephone No.: (714) 571-4200 <br />Fax No.: (714) 571-4221 <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any communication shall be addressed and transmitted to the new address. If sent by <br />mail, communication shall be effective or deemed to have been given three (3) days after <br />it has been deposited in the United States mail, duly registered or certified, with postage <br />prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall <br />6 <br />25F-8
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