My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
HERITAGE VILLAGE OC, LLC.
Clerk
>
Contracts / Agreements
>
H
>
HERITAGE VILLAGE OC, LLC.
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/13/2016 3:29:45 PM
Creation date
7/13/2016 3:07:17 PM
Metadata
Fields
Template:
Contracts
Company Name
HERITAGE VILLAGE OC, LLC.
Contract #
A-2016-173
Agency
PLANNING & BUILDING
Council Approval Date
2/16/2016
Expiration Date
3/17/2025
Destruction Year
2030
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
32
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
expensive does not excuse the performance of the obligation by the <br />Owner. <br />(f) All other remedies at law or in equity which are not inconsistent with <br />the provisions of this Development Agreement are available to the <br />parties to pursue in the event there is a breach. <br />7.3 Damages upon Termination. In no event shall Owner be entitled to any <br />damages against City upon termination of this Development Agreement. <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 <br />default or breach, to specifically enforce any covenants or agreements set <br />forth in this Development Agreement, or to enjoin any threatened or <br />attempted violation of this Development Agreement; or to obtain any <br />remedies consistent with the purpose of this Development Agreement. <br />Legal actions shall be instituted in the Superior Court of the County of <br />Orange, State of California, or in the Federal District Court in the Central <br />District of California, Southern Division. <br />8. MORTGAGEE PROTECTIONS <br />8.1 Right to Owner /Notice /Multiple Mortgagees. Owner shall have the <br />absolute right to encumber Owner's right, title and interest in, to and <br />under this Development Agreement and the Property pursuant to one or <br />more Mortgages. Because certain portions of the Project may be <br />developed by one or more assignees, the Parties acknowledge and <br />agree that different Mortgages may encumber the Property and that <br />there may be a separate Mortgage in effect with respect to separate <br />parcels within the Property. It is the intention of the Parties that the rights <br />and protections granted in this Section 8 to each Mortgagee shall only <br />apply to the parcels upon which such Mortgagee's Mortgage is a lien <br />(each a "Mortgage Parcel "), and to the rights, privileges and obligations <br />under this Development Agreement relating to such Mortgage Parcel. <br />8.2 Notice of Breach to Mortgagee or Deed of Trust Holders; Right to <br />Cure. With respect to any mortgage or deed of trust granted by Owner as <br />provided herein, whenever the City delivers any Notice or demand to <br />Owner with respect to any Breach by Owner under this Development <br />Agreement, and if Owner fails to cure the Breach within the time set forth <br />herein, the City shall deliver to each Mortgagee a copy of such notice or <br />demand accompanied by a writing to the effect that Owner has failed to <br />cure a Breach ( "Mortgagee Notice "); provided that Owner or Mortgagee has <br />provided City with addresses for such purpose. Each such Mortgagee shall <br />(insofar as the rights granted by the City are concerned) have the right, at <br />its option, within thirty (30) days after the receipt of the Mortgagee Notice, <br />to cure or remedy or commence to cure or remedy and thereafter to pursue <br />is <br />
The URL can be used to link to this page
Your browser does not support the video tag.