10C Action 2009 0615 - Laserfiche WebLink

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Owner: Alameda County Allied Housing Program 40849 Fremont Boulevard Fremont, CA 94538 Attention: Executive Director With a Copy to: Gubb &Barshay 50 California St., Suite 3155 San Francisco, CA 94111 Attention: Scott R. Barshay, Esq. And: Alameda County Housing and Community Development Dept. 224 West Winton Ave., Rm. 108 Hayward, CA 94544 Attn: Director, Housing and Community Development 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement. 11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. 11.6 Action by the Agency. Except as maybe otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the Agency is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the Agency Executive Director or by any person who shall have been designated by the Agency Executive Director, without further approval by the governing board of the Agency unless the Executive Director in his or her discretion determines that such approval is necessary. 11.7 Action by City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager, without further approval by the governing board of the City unless the City Manager in his or her discretion determines that such approval is necessary. 11.8 Non-Liability of A~encv. Citv and Citv and Aaencv Officials, Emnlovees and A~ents• No member, official, employee or agent of the Agency or the City shall be personally liable to Owner or any successor in interest, in the event of any default or breach by the Agency or the City, or for any amount of money which may become due to Owner or its successor or for any abligation of the Agency or the City under this Agreement. 11.9 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The AMENDED AND RESTATED REGULATORY AGREEMENT 18 MISSION BELL APARTMENTS 1227466-8