FULL AGENDA PACKET_2021-04-20 - Laserfiche WebLink

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EXHIBIT 3 20 ('iviC Center Plaza (M-26) P .0. Box 1989 Santa Ana, Califurnia 92702 With a copy to. City Attorney Cily of Santa Ana 20 Civic CartcrPlaza, 7th Floor (M-29) Santa Ana, California 92702 Addresses for notice may he chanted as required by written notice to all other parties. All notices personally served shall be effective when actually received_ All notices mailed ;hall be effective duce (3) days alter deposit in the U.S. Mail, postage prepaid. The foregoing notwithstanding, the rlorl-receipt of any notice as the result of a change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall he deemed receipt of such notice. 213 Survival of Representations and Warranties. All wprescrtatiorrs and warranties in the Loan Documents shall survive the making of the Loan described herein and have been or will be relied on by City notwithstanding any investigation made by either party. 21.4 No Third Parties Benefited. This Agrccrnu t is made fur ilrc purpusc of setting forth rights and obligations of Developer and the City, and no other person shall have any rights hereunder or by reason hereol. 21.5 Binding Effect, Assignment of Obligations. This Agreement shall bind, and shall inure w the benefit of. Developer and City and their respective 3uCCCSSOr9 and assigns. "1.6 Prior ALi,ecmCnts. Atucndtncnts; Consents. This Agreement (together with the other Loan Documems) contains the entire agreement between the City and Developer with respect to the Loan and the Property, and all prior negotiatiolls, ttndcrstandings and agreements arc superseded by this Agreement and such other Loan Documents. No modificalion ofany Loan Document (including waivers ol'righ(s and conditions) shall be Ctfbctive unless in writing and siglicd by the party against whom cntincctncnt Of sttCh modification is sought, and then only in the specific instanec and for the specific purpose given. 21.7 Governing Law. All of the Loan Documents shall he governed by, and con hued and enforced in accordance with, the laws ul'the State of California and Fedu'al law, whichever is more sts'ingent. Developer irrevocably and uticonditiunatlly submits to the jurisdiction of the Superior Court of the State of California for the County of Orange or Lhe United Stales District Court of the Central District of C'alilornia, as City may deem appropriate, in connection with any legal action or proceeding arising out of or relating to tlris Agrcanent or the Loan Documents. Assuming proper service of process, Developer also waives any objection regarding personal or in rein jurisdiction or venue. City Council 45 21 — 49 4/20/2021