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FULL AGENDA PACKET 2021-06-15
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FULL AGENDA PACKET 2021-06-15
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7/19/2021 10:12:11 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
6/15/2021
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EXHIBIT 1 <br />30. Ri,ii.A'I'IONSIIIP OF' PAR'1'IIF,S (SAI.ic-3 9 S) <br />The rclaticroship of the Parties hereto is that of Licensor and County, and it is expressly understood and agreed <br />that I .icensoi does not in any way or for any purpose become a partner of or ajoint venture with County in the <br />conduct of Ccnlnt_v's business or otherwise, and the provisions of this License and the agrcernents relating to <br />License Fec payable hereunder arc included solely for the purpose of providing a method by which rental <br />payments are. to he measured and ascertained_ <br />31. NO'fICF:S (SAHe-4.0 S) <br />All written 110tiCes pursuant to this License shall be addressed as set tooth below or as either Party may <br />hereafter designate by wnitcn notice and shall be deemed delivered upon personal delivery, delivery by <br />facsimile machine, electronic mail, or seventy-two (72) hours after deposit in the United States Mail. <br />To: County To: Licensor <br />County of Orange City of Santa Ana <br />County Lxecutive Office P.O. Box 1988 <br />333 West Santa Ana Blvd., 3" 1 Floor Santa Ana, CA 92701 <br />Santa Ana, CA 92701-4094 Alto: City Manager <br />Attn- Chief Real Estate Officer <br />32. FORCF: MAJEURE (N) <br />For purposes of this License, the term "Force Majeure" means an_v of the following events which are beyond <br />the umtol of either Parry: act of God, unavailability of cclttiprncnt or materials (btu only ifsueh equipment <br />Mull materials were ordered in it timely Iashion), enemy or terrorist act, act (it' war, riot or civil commotion, <br />strike, lockout or other lahor dislurbance, fire, earthquake, explosion, governnnen(al delays (including <br />nonstandard delays in issuance of my permit or other necessary governmental approval or the scheduling <br />of any inspections or tests), nonstandard clela_vs by third party utility providers, or any other matter of <br />any kind or charauae- beyond the reasonable control of the Party delayed or lailin' w pertimm under this <br />Ttcense despite such Party's best ellorls to fulfill the obligation. "Best FlIons" includes anticipating any <br />potential force nnajcure evert and addressing the effects of any such event (a) as it is occurring and (b) after <br />it has occurred, to prevent or minimize any resulting delay to the greatest extant possible. force Majeure <br />shalt not include inability it) obtain financing or other lack of funds. Licensor and C(nmt}' shalt be excused <br />for the period of any delay in the performance of any obligation hereunder when Such delay is occasioned by <br />causes beyond its control. <br />33. LIMITATION OF THE LICENSE (AMLC-13.1 N) <br />this License and the rights and privileges granted County in and to the License Area are subject to all <br />covenants, conditions, restrictions, and exceptions ofrecord or apparent from a physical inspection of the <br />License Area. Nothing contained in this License or in any doCunlenl related hereto shall be construed to <br />imply the conveyance to County ofrights in the License Area, which exceed those owned by Licensor. <br />City Council <br />28 — 9 <br />6/15/2021 <br />II=/7/2021 <br />Page 7 of 12 <br />420 N. Main Pu4cia@ <br />Li: rnsc <br />Hearn (Irc ApcIILj <br />ltzindmd Acgtll+nioll <br />I IcLrl c Ionl <br />
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