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8/30/07 <br />payments into a separate interest - bearing trust account ( "Capital Replacement <br />Reserve "). <br />m) Property Taxes. To be negotiated term of Development Agreement. <br />n) Miscellaneous Provisions. The Development Agreement shall also include such <br />other provisions as the parties may deem necessary or appropriate and as may <br />be customary in affordable housing/redevelopment agreements. <br />o) Assignment. The Development Agreement will contain prohibitions on <br />Developer's assignment of the Agreement without City's consent, which City <br />may withhold at its sole and absolute discretion. <br />p) Liability Insurance and Indemnification. The Development Agreement will <br />require that Developer provide certain levels of insurance and shall require that <br />Developer indemnify and hold harmless the City of Santa Ana, the Agency (if <br />applicable) and their respective officers, officials, employees, agents, and <br />representatives against any claims or liabilities arising out of Developer's <br />activities on the Site. In addition, Developer shall indemnify and hold harmless <br />the City of Santa Ana, the Agency (if applicable) and their respective officers, <br />officials, employees, agents, and representatives against claims resulting from <br />above or below ground toxic and/or hazardous conditions, materials and soils <br />following conveyance of title. <br />q) Use Restrictions, Defaults and Remedies Etc.. In addition, the Development <br />Agreement will contain appropriate provisions regarding use restrictions, <br />defaults and remedies, and other provisions consistent with this Agreement as <br />are typically contained in such redevelopment agreements in the State of <br />California. <br />10) Notices. <br />All notices required hereunder or by law shall be delivered by City and Developer by <br />(i) United States mail, prepaid, certified, or (ii) by personal delivery, or (iii) by reputable <br />document delivery service that provides a receipt showing date and time of delivery. <br />Notices personally delivered or delivered by document delivery service shall be deemed <br />effective upon receipt. Notices sent by mail shall be deemed effective upon the earlier of <br />(i) receipt, or (ii) 5:00 p.m. on the second business day following dispatch. Notices shall <br />be sent to the addresses indicated below a (a change in the following addresses may be <br />made by following the terms of this Section): <br />If to City: <br />City of Santa Ana Housing Division <br />P.O. Box 1988 (M -27) <br />Santa Ana, California 92701 <br />Attention: Housing Manager <br />7 <br />