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The payment provided to Owner pursuant to this Section 2 is intended to compensate Owner for the <br />Owner's lost rents from Room at 1302 W 10' Street, Santa Ana, CA 92703 beginning on the Vacation Date <br />stated in Section 1 above and ending on the date of this Agreement, <br />a, In addition to the amounts set forth in Section 1, following the full execution of this <br />Agreement, City will pay the following amounts to Owner; <br />$600 for each full month the Room at 1302 W 1 I" Street, Santa Ana, CA 92703 was <br />vacant prior to the date of this Agreement, plus <br />b. The rent for a partial month's period shall be prorated on a 30 -day month. <br />2. In consideration for the payments to be made under this Agreement, Owner will hold the <br />Room, or any other rentable area at the Subject Property vacant and not re -rent or allow any occupancy of the <br />Room or any other rentable area at the Subject Property. <br />3, Should Owner, in violation of Section 2 herein, re -cent or allow arty occupancy of the Room or <br />any other rentable area at the Subject Property, Owner shall be liable to the City and shall indemnify the City <br />and hold the City harmless for and against any and all costs, damages, liabilities and/or expenses, including <br />attorneys' fees and expert witness fees, incurred by the City in enforcing the terms of this Agreement, <br />including any and all Relocation Costs incurred by the City as a result of Owner's breach of this Agreement <br />and/or City's obligation to relocate any tenants of the Subject Property. <br />4. The City shall not call on Owner to make any special improvements to the Room at the Subject <br />Property, but Owner hereby specifically covenants and agrees to keep the Room in good order and condition, <br />in compliance with all applicable federal, state and local laws, including the City of Santa Ana Municipal <br />Code, at Owner's cost and expense. <br />5. Owner reserves the right to enter onto and inspect the Room at the Subject Property, and to <br />mance any necessary repairs to the Room at the Subject Property, in accordance with tenant leases, as <br />applicable. <br />6. Any payment payable hereunder for any period of time less than one ('l) month shall be <br />determined by prorating the monthly rental rates set forth in Section 1, based on the actual number of days in <br />the month. <br />7. All notices required herein, or which may otherwise be given by either patty to the other, shall <br />be deemed to have been fully given when made in writing and deposited in the United States mail, certified <br />and postage prepaid, and addressed as follows: <br />To the Owner at: <br />Leticia Carrillo <br />1302 W 11th Street <br />Santa Ana, CA 92703 <br />To the City at: <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />Attn: Jason Gabriel <br />Nothing shall preclude the giving of such written notice by personal service. <br />