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SANTA ANA ARTS COLLECTIVE, L.P. (META HOUSING PROJECT)
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Last modified
2/14/2018 2:53:31 PM
Creation date
8/24/2017 4:41:53 PM
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Contracts
Company Name
SANTA ANA ARTS COLLECTIVE, L.P. (META HOUSING PROJECT)
Contract #
A-2017-173
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
7/5/2017
Expiration Date
7/5/2047
Destruction Year
0
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8.2 Institution of Legal Actions. In addition to any other rights or remedies, either <br />party may institute legal action to cure, correct or remedy any default to recover damages for <br />any default, or to obtain any other remedy consistent with the purpose of this Agreement. <br />8.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies <br />expressly declared to be exclusive in this Agreement, the rights and remedies of the parties <br />are cumulative and the exercise by either party of one or more of such rights or remedies <br />shall not preclude the exercise by it, at the same or different times, of any other rights or <br />remedies for the same default or any other default by the other party. <br />8.4 Damages. In the event that the City is liable for damages to Developer, such <br />liability shall not exceed costs incurred by the Developer in the performance of this <br />Agreement and shall not extend to compensation for loss of future income, profits or assets; <br />provided, however, Developer's only remedy for any breach of this Agreement by the City <br />shall be an action for specific performance of such party's obligations. <br />8.5 Nonrecourse Liability. Neither Developer, nor any partner of Developer, shall <br />have any personal liability under this Agreement, or the attached Note and Deed of Trust, <br />and any judgment, decree or order for the payment of money obtained in any action to <br />enforce the obligation of Developer to repay the loan evidenced by such documents shall be <br />enforceable against Developer only to the extent of Developer's interest in the Property. <br />9. GENERAL PROVISIONS AND WARRANTIES <br />As a material inducement to City to enter into this Agreement, Developer represents and <br />warrants as follows: <br />9.1 Formation, Qualification and Compliance. Santa Ana Arts Collective, L.P. is a <br />California limited partnership. Developer is in compliance with all laws applicable to its <br />business and has obtained all approvals, licenses, exemptions and other authorizations <br />from, and has accomplished all filings, registrations and qualifications with, any <br />Governmental Authority that are necessary for the transaction of its business. <br />9.2 Execution and Performance of Loan Documents. <br />9.2.1 'Developer has all requisite authority to execute and perform its obligations under <br />the Loan Documents. <br />9.2.2 The execution and delivery by Developer of, and the performance by Developer of <br />its obligations under, each Loan Document that has been authorized by all necessary action <br />and does not and will not: <br />(a) require any consent or approval not heretofore obtained of any <br />person having any interest in Developer; <br />(b) violate any provision of, or require any consent or approval not <br />heretofore obtained under, any articles of incorporation, by-laws or other governing <br />document applicable to Developer; <br />
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