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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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80A - PH AGMT WITH COUNTY OF ORANGE 65 YR GROUND LEASE
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Last modified
2/13/2020 5:09:20 PM
Creation date
2/13/2020 4:59:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/18/2020
Destruction Year
2025
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to the address of the person to receive such notice, (b) if mailed, three (3) business days after the date of <br />posting by the United States post office, (c) if given by electronic mail, when sent if before 5:00 p.m., <br />otherwise on the next business day, or (d) if delivered by overnight delivery, one (1) business day after <br />mailing. Any notice, request, demand, direction or other communication sent by electronic mail must be <br />confirmed within by letter mailed or delivered within two business days in accordance with the foregoing; <br />except that notices required under Section 8 prior to Optionee's access onto the Premises may be given just <br />by email <br />Either Party may change the address for notices by giving the other Party at least ten (10) calendar days' <br />prior written notice of the new address. <br />17. VENUE (PMES13.1S) <br />The Parties hereto agree that this Option Agreement has been negotiated and executed in the State of <br />California and shall be governed by and construed under the laws of California. In the event of any legal <br />action to enforce or interpret this Option Agreement, the sole and exclusive venue shall be a court of <br />competent jurisdiction located in the County of Orange, California, and the Parties hereto agree to and do <br />hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. <br />Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be <br />transferred for trial to another county. <br />18. SEVERABILITY (PMES15.1S) <br />If any term, covenant, condition, or provision of this Option Agreement is held by a court of competent <br />jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full <br />force and effect and shall in no way be affected, impaired or invalidated thereby. <br />19. ATTORNEYS' FEES (PMES16.1S) <br />In any action or proceeding brought to enforce or interpret any provision of this Option Agreement, or where <br />any provision hereof is validly asserted as a defense, each Party shall bear its own attorney fees and costs. <br />20. SUCCESSORS AND ASSIGNS (PMES18.1S) <br />The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors, <br />executors, administrators, and assigns of the Parties hereto. <br />21. AUTHORITY (PMES20.1S) <br />The Parties to this Option Agreement represent and warrant that it has been duly authorized and, once <br />executed, will constitute the legally binding obligation of their respective organization or entity, enforceable <br />in accordance with its terms. <br />22. ENTIRE AGREEMENT (PM017.1 S) <br />This instrument contains the entire agreement between the Parties relating to the Option granted herein and <br />all negotiations and agreements between the Parties hereto or their agents with respect to this transaction are <br />merged herein. Any oral representations, modifications, or waivers concerning this instrument shall be of no <br />force and effect, except in a subsequent instrument made in writing and signed by both Parties. Time is of <br />Pa e 13 0 19 <br />OPTION AGREEMENT - CROSSROADS <br />1 K�e <br />
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