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WASHINGTON SANTA ANA HOUSING PARTNERS, L (5).P
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WASHINGTON SANTA ANA HOUSING PARTNERS, L (5).P
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8/10/2022 11:57:32 AM
Creation date
8/10/2022 11:56:53 AM
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Contracts
Company Name
WASHINGTON SANTA ANA HOUSING PARTNERS, L.P
Contract #
A-2022-132-02
Agency
Community Development
Council Approval Date
6/21/2022
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of any of the events of default in this paragraph shall act to accelerate automatically, <br />without the need for any action by the City, the indebtedness evidenced by the Note; or <br />18.8. Project Monies. Developer's intentional misapplication or embezzlement <br />of Project monies. <br />19. Reserved. <br />20. Remedies. <br />The occurrence of any Event of Default shall, either at the option of the City or <br />automatically where so specified, relieve the City of any obligation to make or continue <br />the Loan and shall give the City the right to proceed with any and all remedies set forth in <br />these Restrictions or otherwise available at law or in equity or by statute (and all of the <br />City's rights and remedies shall be cumulative), including but not limited to the following: <br />20.1. Acceleration of Note. The City shall have the right to cause all indebtedness <br />of the Developer to the City under the Note, together with any accrued interest thereon, to <br />become immediately due and payable. The Developer waives all right to presentment, <br />demand, protest or notice of protest, or dishonor. The City may proceed to enforce payment <br />of the indebtedness and to exercise any or all rights afforded to the City as a creditor and <br />secured party under the law, including the Uniform Commercial Code, including <br />foreclosure under the Deed of Trust. The Developer shall be liable to pay the City on <br />demand all expenses, costs and fees (including, without limitation, reasonable attorneys' <br />fees and expenses) paid or incurred by the City in connection with the enforcement of this <br />provision, provided that such expenses, costs and fees shall be subordinate to the Senior <br />Loan made to Developer and the Senior Loan Documents. <br />20.2. Specific Performance. The City shall have the right to mandamus or other <br />suit, action or proceeding at law or in equity to require Developer to perform its obligations <br />and covenants under these Restrictions or to enjoin acts on things, which may be unlawful, <br />or in violation of the provisions of these Restrictions. The Developer shall be liable to pay <br />the City on demand all expenses, costs and fees (including, without limitation, reasonable <br />attorneys' fees and expenses) paid or incurred by the City in connection with the <br />enforcement of these Restrictions. <br />20.3. Right to Cure at Developer's Expense. The City shall have the right to cure <br />any monetary Event of Default by Developer under these Restrictions. 'The Developer <br />agrees to reimburse the City for any funds advanced by the City to cure a monetary default <br />by Developer upon demand therefore, together with interest thereon at the rate of twelve <br />percent (12%) per annum or the maximum rate permitted by law, whichever rate is lesser, <br />from the date of expenditure until the date of reimbursement. <br />20.4. Remedies Cumulative. No right, power, or remedy given to the City by the <br />terms of these Restrictions is intended to be exclusive of any other right, power, or remedy; <br />and each and every such right, power, or remedy shall be cumulative and in addition to <br />every other right, power, or remedy given to the City by the terms of any such instrument, <br />16 <br />The Crossroads at Washington <br />City HOME Affordability Restrictions on Transfer of Property _ _ <br />
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