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HERITAGE VILLAGE OC LLC (2) -2016
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HERITAGE VILLAGE OC LLC (2) -2016
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Last modified
8/4/2016 12:20:53 PM
Creation date
7/13/2016 3:15:20 PM
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Contracts
Company Name
HERITAGE VILLAGE OC LLC
Contract #
N-2016-097
Agency
PLANNING & BUILDING
Destruction Year
0
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diligently pursues such cure to completion, the City may declare a breach of this Lien Agreement <br />by giving written notice to Owner, and thereafter the Owner shall initiate proceedings for <br />reversion of the Property within the land division to acreage, at the expense of Owner, in <br />accordance with the provisions of the Subdivision Map Act. The City may also elect to pursue <br />any one or more of the following remedies in lieu of instituting proceedings for reversion: <br />A. Enforce this lien by appropriate action in court or as provided by law and in the <br />event the enforcement is by action in court, the Owner agrees that the amount of said lien shall <br />include reasonable attorneys' fees which shall be taxed as a cost in any suit for such enforcement; <br />B. Estimate the cost of the work required to complete the Improvements and <br />foreclose said lien in said amount; <br />C. Pursue any other remedy, legal or equitable, for the foreclosure of a lien. Owner, <br />its heirs and assigns, shall pay reasonable attorneys' fees to be taxed as a cost in said <br />proceedings. <br />D. In the event that the City pursues any of the above remedies, the Owner agrees to <br />waive any applicable statute of limitations and any other time - related defense with respect to the <br />enforcement of this Lien Agreement so long as this Lien Agreement has not been terminated. <br />The Owner agrees that it shall not plead, assert, or otherwise raise any Statutes of Limitation <br />applicable to the enforcement of this Lien Agreement during the term of the Lien Agreement. <br />This Lien Agreement constitutes a valid and effective written agreement to waive the statute of <br />limitations pursuant to Section 360.5 of the California Code of Civil Procedure. <br />VI. General Provisions. <br />A. Recordation. This Lien Agreement shall be recorded by Owner with the County <br />Recorder immediately following execution of this Lien Agreement indexed by (1) all parties <br />hereto, and (2) all parties having any record title interest in the subject real property, pursuant to <br />Government Code Section 66436, acknowledging subordination of their interests to this Lien <br />Agreement. <br />B. Entire Agreement. This Lien Agreement together with all exhibits and other <br />agreements expressly referred to herein, constitutes the entire agreement between the parties with <br />respect to the subject matter contained herein. All prior or contemporaneous agreements, <br />understandings, representations, warranties and statements, oral or written, are superseded. <br />C. Further Assurances. The parties agree to perform such further acts and to execute <br />and deliver such additional documents and instruments as may be reasonably required in order to <br />carry out the provisions of this Lien Agreement and the intentions of the parties. <br />D. Governing Law. This Lien Agreement shall be governed, interpreted, construed <br />and enforced in accordance with the laws of the State of California, with venue in Orange <br />County. <br />111434 G V(]C <br />373942- OOOpSdi -0- OOlmrd!wrd -4- <br />
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