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25H - AGMT - RIGHT OF ENTRY AUTO MALL DR
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02/18/2014
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25H - AGMT - RIGHT OF ENTRY AUTO MALL DR
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Last modified
2/13/2014 3:16:11 PM
Creation date
2/13/2014 1:55:09 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25H
Date
2/15/2014
Destruction Year
2019
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61 Revocation, CITY may revoke this License, at will, open thirty days notice in writing to the <br />LICENSEE. <br />Notices. <br />Any notice to be given by either party shall be deemed to be properly served if deposited with the <br />United States Postal Service, or other acceptable mailing service, postage prepaid, to the addresses below: <br />TO CITY: Clerk Of The Council <br />City of Santa Ana <br />20 Civic Center Plaza (M -30) <br />P,O. Box 1988 <br />Santa Ana, California 92702 <br />With courtesy copy to: <br />TO LICENSEE: PAG West, LLC <br />7015 E. Chauncoy Lane <br />Phoenix, AZ, 85054 <br />Executive Director of the Public Works Agenoy <br />City of Santa Ann <br />20 Civic Center Plaza (M -21) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />8. Yermivation gf Occupancy. <br />a. LICENSEE accepts the Lieeuso Areas in an "as is" oond,ition and upon termination or <br />revocation of this License, LICENSEE shall, at its own cost and expense, remove any improvements <br />installed and maintained by LICENSEE and sm'render possession of the License Areas to the CITY in <br />good, order and repair and as nearly praoticable to the state and condition in which it existed prior to the <br />grant of this License, to the satisfaction of CITY. <br />b. In the event LICENSEE fails, neglocts or rofuses to remove said improvements and <br />restore the License Aroas, suoh removal and restorations may be performed by CITY', at LICENSEE's <br />expense, which expense LICENSEE agrees to pay to CITY upon demand. <br />C. LICENSEE shall provide to CITY along with this Agreement, a performance bond issued <br />by a corporate surety duly authorized to transact business in the State of Califoraia or cash deposit in an <br />amount approved by the CITY to guarantee performance of LICENSEE's termination obligations. <br />LICENSEE shall maintain a performance bond in full force, unless released by the CITY by written <br />communication to the Surety. <br />9, Miscellaneous. <br />a. Choice of Law. This Agreement is to be governed by, and construed In accordance with, <br />the laws of the State of California. <br />b. Remedios. Either party shall, in addition to all other rights provided herein or as may be <br />provided by law, be entitled to the. remedies of specific performance and injunction to enforce its rights <br />hereunder, except to the extent expressly provided to the contrary in this Agreement. Ail rights and <br />25H -11 <br />
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