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20A - AA - LOAN AGMT 601 E 20TH ST
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10/18/2010
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20A - AA - LOAN AGMT 601 E 20TH ST
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Last modified
1/3/2012 3:58:36 PM
Creation date
10/14/2010 11:26:40 AM
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City Clerk
Doc Type
Agenda Packet
Item #
20A
Date
10/18/2010
Destruction Year
2015
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25. Relationship of Borrower and City. The relationship of Borrower and City pursuant to <br />this Agreement is that of debtor and creditor and shall not be, or be construed to be, a joint venture, <br />equity venture, partnership or other relationship. Borrower acknowledges that City has no <br />relationship, contractual or otherwise, with any general contractor, subcontractor, tradesman, <br />laborer, or any other person, who shall perform any work on the Property or supply any materials <br />used in connection with any rehabilitation or repair of the Property. <br />26. Notices. Except as otherwise expressly provided in this Agreement, in every case when, <br />under the provisions of this Agreement, it shall be necessary or desirable for one party to serve any <br />notice, request, demand, report or other communication on another party, the same shall be in <br />writing and shall not be effective for any purpose unless served (i) personally, (ii) by independent, <br />reputable, overnight commercial courier, or (iii) by deposit in the United States mail, postage and <br />fees fully prepaid, registered or certified mail, with return receipt requested, addressed as follows: <br />To Borrower: IRENE M. MAYORGA <br />UBALDO MAYORGA <br />601 E. 20TH ST. <br />SANTA ANA, CA 92706 <br />To City: The City of Santa Ana <br />20 Civic Center Plaza, M-26 <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Attention: Housing Programs Coordinator <br />27. Attorneys' Fees and Costs. In the event that any action is instituted to enforce payment <br />or performance under this Agreement, or otherwise in connection with this Agreement, the parties <br />agree that the prevailing party shall be reimbursed by the other party for all costs and all attorneys' <br />fees incurred by the prevailing party in such action. <br />28. Entire Agreement. This Agreement, together with all attachments hereto and all <br />documents executed pursuant hereto, constitutes the entire understanding and agreement of the <br />parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental <br />hereto, and supersedes all prior negotiations, discussions and previous agreements between City <br />and Borrower concerning all or any part of the subject matter of this Agreement. <br />29. Conflict of Interest. No member, official or employee of City shall have any personal <br />interest, direct or indirect, in the Agreement nor shall any member, official or employee participate <br />in any decision relating to the Agreement which affects his personal interests or the interests of any <br />corporation, partnership or association in which he is directly or indirectly interested. Borrower <br />warrants that he/she has not paid or given and will not pay or give any third person any money or <br />other consideration for obtaining this Agreement. <br />30. Captions. The captions and headings in this Agreement are for convenience only and are <br />not to be used to interpret or define the provisions hereof. <br />Page 13 of 15 <br />20A-17
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