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WESTVIEW HOUSE L (6).P
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WESTVIEW HOUSE L (6).P
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Last modified
7/6/2022 12:10:09 PM
Creation date
7/6/2022 12:04:05 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-084
Agency
Community Development
Council Approval Date
5/17/2022
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The exercise by City of any right or remedy shall not constitute a cure or waiver of any <br />default, nor invalidate any notice of default or any act done pursuant to any such notice, <br />nor prejudice the City in the exercise of any other right or remedy. No waiver of any default <br />shall be implied from any omission by City to take action on account of such default if <br />such default persists or is repeated. No waiver of any default shall affect any default other <br />than the default expressly waived, and any such waiver shall be operative only for the time <br />and to the extent stated. No waiver of any provision of any Loan Document shall be <br />construed as a waiver of any subsequent breach of the same provision. City's consent to or <br />approval of any act by Developer requiring further consent or approval shall not be deemed <br />to waive or render unnecessary City's consent to or approval of any subsequent act. The <br />City's acceptance of the late performance of any obligation shall not constitute a waiver by <br />City of the right to require prompt performance of all further obligations; City's acceptance <br />of any performance following the sending or filing of any notice of default shall not <br />constitute a waiver of either party's right to proceed with the exercise of its remedies for <br />any unfulfilled obligations; and City's acceptance of any partial performance shall not <br />constitute a waiver by City of any rights. <br />20.4. Nonrecourse Liability. Neither Developer, nor any other party, including <br />any partner of Developer, shall have any personal liability under this Agreement, or the <br />attached City/Inclusionary Housing Program Loan Note and City/Inclusionary Housing <br />Program Loan Deed of Trust, and any judgment, decree or order for the payment of money <br />obtained in any action to enforce the obligation of Developer to repay the City/Inclusionary <br />Housing Program Loan or any other amount evidenced or secured by such documents shall <br />be enforceable against Developer only to the extent of Developer's interest in the Property. <br />20.5. Limited Partner Cure. The City shall provide the Developer's Limited <br />Partner with an opportunity to cure any default. Any cure made or tendered by Limited <br />Partner shall be accepted as if made by Developer. <br />Section 21. MISCELLANEOUS <br />21.1. Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other claim <br />by developer against City, in connection with the City/Inclusionary Housing Program Loan <br />or otherwise, Developer hereby waives any right it might otherwise have: (a) to offset any <br />such obligation, liability or claim against Developer's obligations under the Loan <br />Documents; or, (b) to claim that the existence of any such outstanding obligation, liability <br />or claim excuses the nonperformance by Developer of any of its obligations under the Loan <br />Documents. <br />21.2. Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the appropriate <br />party by personal service or U.S. mail at its address as follows: <br />If to Developer: Westview House LP <br />c/o Westview House CDP LLC <br />3416 Via Oporto, Suite 301 <br />47 <br />Westview House <br />City ffielusiomiy Housing Ping am Loan Agreement <br />
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