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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
16
Date
12/7/2021
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16.1 Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of Agency to Developer, or any other <br />claim by developer against Agency, in connection with the Loan or otherwise, Developer <br />hereby waives any right it might otherwise have: (a) to offset any such obligation, liability <br />or claim against Developer's obligations under the Loan Documents; or, (b) to claim that <br />the existence of any such outstanding obligation, liability or claim excuses the <br />nonperformance by Developer of any of its obligations under the Loan Documents. <br /> <br />15.2 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 /> <br />If to Developer: Shelter Providers of Orange County, Inc. DBA HomeAid Orange <br />County <br />17821 17th Street, Suite 120 <br />Tustin, CA 92780 <br />Attention: Gina R. Scott <br /> <br />With a copy to: Jackson Tidus <br />2030 Main Street, 12th Floor <br />Irvine, CA 92614 <br />Attn: Sonia A. Lister, Esq. <br /> <br />If to Agency: Housing Authority of the City of Santa Ana <br />Executive Director <br />20 Civic Center Plaza (M-26) <br />P.0. Box 1988 <br />Santa Ana, California 92702 <br /> <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 /> <br />Addresses for notice may be changed as required by written notice to all other <br />parties. All notices personally served shall be effective when actually received. All notices <br />mailed shall be effective three (3) days after deposit in the U.S. Mail, postage prepaid. The <br />foregoing notwithstanding, the non-receipt of any notice as the result of a change of address <br />of which the sending party was not notified or as the result of a refusal to accept delivery <br />shall be deemed receipt of such notice. <br /> <br />15.3 Survival of Representations and Warranties. All representations and <br />warranties in the Loan Documents shall survive the making of the Loan(s) described herein <br />and have been or will be relied on by Agency notwithstanding any investigation made by <br />either party. <br /> <br />EXHIBIT 4
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