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Last modified
5/30/2017 4:30:18 PM
Creation date
4/14/2017 10:22:54 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-369
Agency
Community Development
Council Approval Date
12/20/2016
Notes
A-2016-155; A-2016-155-A
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security, all in such order and manner as City elects in its sole and absolute discretion; <br />and, <br />(d) Suspend or terminate the award of HOME funds if Developer fails <br />to comply with any term of that award. <br />20.3 Cumulative Remedies: No Waiver. City's rights and remedies under the <br />Loan Documents are cumulative and in addition to all rights and remedies provided by <br />law. The exercise by City of any right or remedy shall not constitute a cure or waiver of <br />any default, nor invalidate any notice of default or any act done pursuant to any such <br />notice, nor prejudice the City in the exercise of any other right or remedy. No waiver of <br />any default shall be implied from any omission by City to take action on account of such <br />default if such default persists or is repeated. No waiver of any default shall affect any <br />default other than the default expressly waived, and any such waiver shall be operative <br />only for the time and to the extent stated. No waiver of any provision of any Loan <br />Document shall be construed as a waiver of any subsequent breach of the same provision. <br />City's consent to or approval of any act by Developer requiring further consent or <br />approval shall not be deemed to waive or render unnecessary City's consent to or <br />approval of any subsequent act. The City's acceptance of the late performance of any <br />obligation shall not constitute a waiver by City of the right to require prompt performance <br />of all further obligations; City's acceptance of any performance following the sending or <br />filing of any notice of default shall not constitute a waiver of either party's right to <br />proceed with the exercise of its remedies for any unfulfilled obligations; and City's <br />acceptance of any partial performance shall not constitute a waiver by City of any rights. <br />21.. MISCELLANEOUS <br />21.1 Obligations Unconditional and Independent. Notwithstanding the <br />existence at any time of any obligation or liability of City to Developer, or any other <br />claim by developer against City, 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 />21,2 Notices. All notices, demands, approvals and other communications <br />provided for in the Loan Documents shall be in writing and be delivered to the <br />appropriate party by personal service or US, mail at its address as follows: <br />If to Developer: Guest House LP <br />c/o CDP Guest House LLC <br />3416 Via Oporto, Suite 301 <br />Newport Beach, California 92663 <br />Attm Kyle Paine <br />With a copy toy 1HC Guest House Santa Ana., LLC <br />c/o Affordable Housing Alliance 11, Inc <br />DBA Integrity Housing <br />39 <br />
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