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60A - AGMT - DENSITY BONUS E 1ST ST
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60A - AGMT - DENSITY BONUS E 1ST ST
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Last modified
7/11/2019 6:03:04 PM
Creation date
7/11/2019 6:02:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
60A
Date
7/16/2019
Destruction Year
2024
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EXHIBIT 1 <br />9.3 Notices. <br />9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited <br />to, the communication of notice, request, demand, approval, statement, report, acceptance, <br />consent, waiver, appointment or other communication required or permitted hereunder. All notices <br />shall be in writing and shall be considered given either: (i) when delivered in person to the <br />recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in <br />the United States mail in a sealed envelope as either registered or certified mail with return receipt <br />requested, and postage and postal charges prepaid, and addressed to the recipient named below; or <br />(iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and <br />postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with <br />a known and reliable next -day document delivery service (such as Federal Express), charges <br />prepaid and delivery scheduled next -day to the recipient named below, provided that the sending <br />party receives a confirmation of delivery from the delivery service provider; or (v) the first <br />business day following the date of transmittal of any facsimile, provided confirmation of <br />successful transmittal is retained by the sending Parry. All notices shall be addressed as follows: <br />If to City: City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Housing Manager <br />With a copy to: Office of the City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br />If to Developer: Santa Ana Pacific Associates, A California Limited Partnership <br />Santa Ana Pacific Associates II, A California Limited Partnership <br />430 E. State Street, Suite 100 <br />Eagle, Idaho 83616 <br />With a copy to: BCP/First Point I, LLC <br />BCP/First Point II, LLC <br />c/o Boston Capital Partners <br />One Boston Place, 211 Floor <br />Boston, MA 02108 <br />Attention: Asset Management (First Point Apartments) <br />9.3.2 Chanee of Address. Either Party may, by notice given at any time, require <br />subsequent notices to be given to another person or entity, whether a party or an officer or <br />representative of a party, or to a different address, or both. Notices given before actual receipt of <br />notice of change shall not be invalidated by the change. <br />18 <br />60A-24 <br />
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