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19E - RFP - AFFORDABLE RENTAL HOUSING PROJECTS
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02/19/2013
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19E - RFP - AFFORDABLE RENTAL HOUSING PROJECTS
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2/19/2013 9:38:49 AM
Creation date
2/14/2013 2:31:40 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
19E
Date
2/19/2013
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C. NOTICE <br />Any notice, tender, demand, delivery or other communication pursuant to this Contract shall be in <br />writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by facsimile or other telegraphic communication to the <br />following persons: <br />To City: Clerk of the Council <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Fax 714-647-6956 <br />With courtesy copy to: <br />Shelly Landry-Bayle <br />City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza (M37) <br />Santa Ana, CA 92701 <br />Fax 714-667-2225 <br />D. TERMINATION <br />The City reserves the right to terminate the contract, without penalty, for cause immediately or <br />without cause. <br />1. In the event Developer fails or refuses to <br />timely perform any of the provisions of this Agreement in the manner required, or if Developer <br />violates any provision of this Agreement, Developer shall be deemed in default. City shall <br />provide written notice of such default to Developer's Project Manager. Developer shall cure said <br />default within a period of two (2) working days. If such cure is not completed in a timely manner, <br />City may assess liquidated damages or terminate the Agreement forthwith by giving written <br />notice to Developer's Project Manager. City may, in addition to the other remedies provided in <br />this Agreement or authorized by law, terminate this Agreement by giving written notice of <br />termination. Developer shall be responsible for all costs incurred by City, including replacement <br />costs of equipment and labor required to provide service during Developer's default. <br />2. This agreement may be terminated without <br />cause by City upon thirty (30) days written notice delivered to the Developer either personally or <br />by mail. Upon termination, City shall pay to Developer that portion of compensation specified in <br />the Agreement that is earned and unpaid prior to the effective date of termination. <br />E. DEVELOPER OPTION FOR TERMINATION <br />The Developer may request termination of the contract when conditions during the contract make it <br />impossible to perform or when prevented from proceeding with the contract by act of God, by law or <br />official action of a public authority or in the event on nonpayment by the City. Such request will <br />require one-hundred and eighty (180) days written notice prior to contract termination date <br />City of Santa Ana Community Development Agency <br />Request for Proposals for Affordable Housing Development <br />Page 15 <br />19E-18
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