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10A Action 2012 0618
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10A Action 2012 0618
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Last modified
6/28/2012 8:34:37 AM
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6/12/2012 4:56:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/18/2012
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_CC Agenda 2012 0618 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0618
Reso 2012-073
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
Reso 2012-074
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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(E) limit or restrict the ability of City to seek or obtain a judgment against <br />Borrower to enforce against Borrower and its general partners to: <br />(1) recover under Sections 3.14, 3.17, 3.18, 3.7.1, 8.2, 10. 1, and 11.1 <br />of the Loan Agreement (pertaining to Borrower's indemnification obligations), or <br />(2) recover from Borrower and its general partners compensatory <br />damages as well as other costs and expenses incurred by City (including without <br />limitation attorney's fees and expenses) arising as a result of the occurrence of <br />any of the following: <br />(a) any fraud or material misrepresentation on the part of the <br />Borrower, any general partner thereof, or any officer, director or <br />authorized representative of Borrower or any general partner thereof in <br />connection with the request for Loan Funds (including Predevelopment <br />Funds), or creation of the Loan, or in any City Document, or in connection <br />with any request for any action or consent by City in connection with the <br />Loan or the use of City Funds, (including Predevelopment Funds); or <br />(b) the material misapplication of the Predevelopment Funds. <br />IN WITNESS WHEREOF, Borrower has executed and delivered this Note as of <br />the date first written above. <br />Alameda Housing Associates, L.P., <br />a California limited partnership <br />By: BRIDGE Norcal, LLC, a California limited liability company <br />Its: General Partner <br />By: MCB Family Housing, Inc., a California nonprofit public benefit corporation <br />Its: Sole Member <br />Name: <br />Title: <br />1902227.2 6 <br />
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