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FIESTA MARKETPLACE PARTNERS (2)
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FIESTA MARKETPLACE PARTNERS (2)
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Last modified
9/4/2024 5:47:28 PM
Creation date
8/26/2024 2:36:08 PM
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Contracts
Company Name
FIESTA MARKETPLACE PARTNERS
Contract #
A-2001-035
Agency
Community Development
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Landlord. <br />Severability. Any provision of this lease which shall prove to be invalid, void, or illegal <br />shall in no way affect, impair, or invalidate any other provision hereof, and such other <br />provision shall remain in full force and effect. <br />Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but <br />shall, wherever possible, be cumulative with all other remedies at law or in equity. <br />Choice of Law. This Lease shall be governed by the laws of the state of California, with <br />venue in the courts of Orange County. <br />18. NOTICES <br />All such notices and demands which may or are to be required or permitted <br />to be given by either party to the other hereunder shall be in writing. All notices and <br />demands sent by either party shall be sent by United States Postal Service, postage <br />prepaid, addressed as follows: <br />To Tenant— <br />City of Santa Ana <br />Community Development Agency <br />Downtown Development Division <br />20 Civic Center Plaza (M-25) <br />Santa Ana, CA 92701 <br />ATTN: Charles View <br />To Landlord— <br />Fiesta MarketPlace Partners <br />c/o S&A Properties <br />P.O. Box 10728 <br />Costa Mesa, CA <br />92627-0728 <br />ATTN: Irving M. Chase <br />A party may change its address by giving notice in writing to the other party. Thereafter, <br />any notice, tender, demand, delivery, or other communication shall be addressed and <br />transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or <br />other communication shall be effective or deemed to have been given three (3) days after <br />it has been deposited in the United States mail, duly registered or certified, with postage <br />prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, <br />demand, delivery, or other communication shall be effective or deemed to have been <br />given twenty-four (24) hours after the time set forth on the transmission report issued by <br />the transmitting facsimile machine, addressed as set forth above. For purposes of <br />calculating these time frames, weekends, federal, state, County or City holidays shall be <br />excluded. <br />19. CONSTRUCTION OF TENANT REQUESTED IMPROVEMENTS <br />Landlord shall construct the improvements requested by Tenant, per an approved set <br />of plans and specifications, to include a garage area storage structure, and customizing of <br />the trash enclosures, all at a cost to Landlord not to exceed $95,000.00 (Ninety Five <br />Thousand Dollars). To the extent that the actual cost of such improvements exceeds <br />$95,000 (the "Excess Construction Costs"), such amount shall be recouped by Landlord <br />as provided in Paragraph 4 above. The cost of the trash enclosure work shall be <br />exclusively at the Landlord's expense, and shall neither be recouped from the Tenant, nor <br />included in the $95,000 budget limitation. <br />7 <br />
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