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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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HABITAT FOR HUMANITY OF ORANGE COUNTY (4)
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Last modified
9/5/2024 9:29:07 AM
Creation date
8/6/2024 12:17:19 PM
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Contracts
Company Name
HABITAT FOR HUMANITY OF ORANGE COUNTY
Contract #
A-2024-098
Agency
Planning & Building
Council Approval Date
7/16/2024
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14. Compliance with Laws; Governing Law. Homebuyer hereby agrees to comply <br />with all applicable ordinances, rules, and regulations of City. Nothing herein is intended to be, <br />nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation. This Restriction <br />shall be governed by the laws of the State of California. Any legal action brought under this <br />declaration must be instituted in the Superior Court of the County of Orange, State of California, <br />or in the Federal District Court in the Central District, Santa Ana Division, <br />15. Indemnification. Homebuyer shall pay for, defend, indemnify and hold harmless <br />City and the City and their respective officers, officials, agents, employees, representatives, and <br />volunteers from and against any loss, liability, claim, or judgment relating in any manner to <br />Homebuyer's use of the Property or Homebuyer's violation of this Restriction. Homebuyer shall <br />remain fully obligated for the payment of taxes, liens and assessments related to the Property. <br />There shall be no reduction in taxes for Homebuyer, nor any transfer of responsibility to City to <br />make such payments, by virtue of this Restriction. <br />lb. Insurance. Homebuyer shall maintain, during the term of this Restriction, an <br />all-risk property insurance policy insuring the Property in an amount equal to the full <br />replacement value of the structures on the Property. The policy shall contain a statement of <br />obligation on behalf of the carrier to notify the City of any material change, cancellation or <br />termination of coverage at least thirty (30) days in advance of the effective date of such material <br />change, cancellation or termination. Homebuyer shall transmit a copy of the certificate of <br />insurance to City within thirty (30) days of the effective date of this Restriction, and Homebuyer <br />shall annually transmit to City a copy of the certificate of insurance, signed by an authorized <br />agent of the insurance carrier setting forth the general provisions of coverage. The copy of the <br />certificate of insurance shall be transmitted to City at the address set forth in Section 24 hereof. <br />The form, content and issuer of any certificate of insurance approved by City. <br />17. Defaults. Failure or delay by either party to perform any term or provision of this <br />Restriction which is not cured within thirty (30) days after receipt of notice from the other party <br />constitutes a default under this Restriction; provided, however, that if such default is of the <br />nature requiring more than thirty (30) days to cure, the defaulting party shall avoid default <br />hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently <br />pursuing such cure to completion. The party who so fails or delays must immediately commence <br />to cure, correct or remedy such failure or delay, and shall complete such cure, correction or <br />remedy with diligence. The injured party shall give written notice of default to the party in <br />default, specifying the default complained of by the injured party. Except as required to protect <br />against further damages, the injured party may not institute proceedings against the party in <br />default until thirty (30) days after giving such notice. Failure or delay in giving such notice shall <br />not constitute a waiver of any default, nor shall it change the time of default. <br />18. Non -Waiver. Failure to exercise any right City may have or be entitled to, in the <br />event of default hereunder, shall not constitute a waiver of such right or any other right in the <br />event of a subsequent default. <br />19. Further Assurances. Homebuyer shall execute any further documents consistent <br />with the terms of this Restriction, including documents in recordable form, as City shall from <br />10 <br />EXHIBIT B <br />
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