HAWKEN, SUSAN A. AND LEE/HAWKEN PARTNERSHIP - 2018

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The payment provided to Owner pursuant to this Section 2 is intended to compensate Owner for the Owner's lost rents from Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 beginning on the Vacation Date stated in Section 1 above and ending on the date of this Agreement. a. In addition to the amounts set forth in Section 1, following the full execution of this Agreement, City will pay the following amounts to Owner: $1,050 for each full month the Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 was vacant prior to the date of this Agreement, plus b. The rent for a partial month's period shall be prorated on a 30 -day month. 2. In consideration for the payments to be made under this Agreement, Owner will hold the Unit, or any other rentable area at the Subject Property vacant and not re -rent or allow any occupancy of the Unit or any other rentable area at the Subject Property. 3. Should Owner, in violation of Section 2 herein, re -rent or allow any occupancy of the Unit or any other rentable area at the Subject Property, Owner shall be liable to the City and shall indemnify the City and hold the City harmless for and against any and all costs, damages, liabilities and/or expenses, including attorneys' fees and expert witness fees, incurred by the City in enforcing the terms of this Agreement, including any and all Relocation Costs incurred by the City as a result of Owner's breach of this Agreement and/or City's obligation to relocate any tenants of the Subject Property. 4. The City shall not call on Owner to make any special improvements to the Unit at the Subject Property, but Owner hereby specifically covenants and agrees to keep the Unit in good order and condition, in compliance with all applicable federal, state and local laws, including the City of Santa Ana Municipal Code, at Owner's cost and expense. 5. Owner reserves the right to enter onto and inspect the Unit at the Subject Property and to make any necessary repairs to the Unit at the Subject Property, in accordance with tenant leases, as applicable. 6. Any payment payable hereunder for any period of time less than one (1) month shall be determined by prorating the monthly rental rates set forth in Section 1, based on the actual number of days in the month. 7. All notices required herein, or which may otherwise be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Owner at: Susan A. Hawken 517 South Broadway Santa Ana, CA 92701-5639 To the City at: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Jason Gabriel Nothing shall preclude the giving of such written notice by personal service. 2