Laserfiche WebLink
4/5/11 <br />28. Amendment of Agreement. No modification, rescission, waiver, release <br />or amendment of any provision of this Agreement shall be made except by a written <br />agreement executed by Borrower and the duly authorized representative of the City. <br />29. Assignment by City Permitted. The City may, in its sole and <br />absolute discretion, assign its rights under this Agreement and/or its right to receive <br />repayment of the City Loan without obtaining the consent of Borrower. <br />30. Assignment of Borrower Prohibited. In no event shall Borrower assign <br />or transfer any portion of this Agreement or any rights herein without the prior express <br />written consent of the City, which consent the City may give or withhold in its sole and <br />absolute discretion. This provision shall not affect or diminish the City's right to assign <br />all or any portion of its rights under this Agreement or to the proceeds of the City Loan <br />hereunder. <br />31. Relationship of Borrower and Ci . The relationship of Borrower and <br />City pursuant to this Agreement is that of debtor and creditor and shall not be, or be <br />construed to be a joint venture, equity venture, partnership or other relationship. <br />32. Notices. (a) Except as otherwise expressly provided in this Agreement, <br />in every case when, under the provisions of this Agreement, it shall be necessary or <br />desirable for one party to serve any notice, request demand, report or other <br />communication on another party, the same shall be in writing and shall not be effective <br />for any purpose unless served (i) personally, (ii) by independent, reputable, overnight <br />commercial courier, or (iii) by deposit in the United States mail, postage and fees fully <br />prepaid, registered or certified mail, with return receipt requested, addresses as follows: <br />To Borrower: Garnsey, LP <br />c/o Orange Housing Development Corporation <br />414 East Chapman Avenue <br />Orange, California 92866 <br />Attn: Executive Director <br />With a copy to: C&C Development Co., LLC <br />14211 Yorba St., Ste. 200 <br />Tustin, CA 92781 <br />Ph: 714-288-7600 (x250) <br />866-570-0728 (fax) <br />To the City City of Santa Ana - Community Development Agency <br />20 Civic Center Plaza, M37 <br />P.O. Box 1988 <br />Santa Ana, CA 92702 <br />Attention: Housing and Neighborhood Development Division <br />Page 12 of 14 <br />