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9D Consent
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Last modified
5/10/2022 4:07:54 PM
Creation date
5/10/2022 4:07:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/2/2022
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PERM
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Reso 2022-063 Loan to Abode Communites for 72 Unit affordable housing dev
(Approved by)
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\City Clerk\City Council\Resolutions\2022
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<br /> <br /> <br />5055770.1 27 <br />shall be for the period of the enforced delay and shall commence to run from the time of the <br />commencement of the cause, if notice by the Party claiming such extension is sent to the other <br />Parties within thirty (30) days of the commencement of the cause and such extension is not <br />rejected in writing by the other Parties within ten (10) days of receipt of the notice. None of the <br />Parties shall unreasonably withhold consent to an extension of time pursuant to this Section. <br /> Times of performance under this Agreement may also be extended in writing by the <br />mutual agreement of Developer and City (acting in the discretion of its City Manager unless he <br />or she determine in his or her discretion to refer such matter to the City Council). City and <br />Developer acknowledge that adverse changes in economic conditions, either of the affected Party <br />specifically or the economy generally, changes in market conditions or demand, and/or inability <br />to obtain financing to complete the work of Improvements shall not constitute grounds of <br />enforced delay pursuant to this Section. Each Party expressly assumes the risk of such adverse <br />economic or market changes and/or financial inability, whether or not foreseeable as of the <br />Effective Date. <br /> <br /> 12.3 Notices. Except as otherwise specified in this Agreement, all notices to be sent <br />pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective <br />addresses specified below or to such other address as a Party may designate by written notice <br />delivered to the other parties in accordance with this Section. All such notices shall be sent by: <br />(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered <br />mail, return receipt requested, in which case notice shall be deemed delivered on receipt if <br />delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with <br />charges prepaid or charged to the sender’s account, in which case notice is effective on delivery <br />if delivery is confirmed by the delivery service; <br /> <br /> <br /> <br />City: City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attention: City Manager <br /> <br /> <br /> Developer: Washington Avenue, L.P. <br /> 1149 South Hill Street, Suite 700 <br /> Los Angeles, CA 90015 <br /> Attention: Senior Vice President, Development <br /> <br /> With a copy to: <br /> Nicole Deddens <br /> Bocarsly Emden Cowan Esmail & Arndt LLP <br /> 633 West Fifth Street, 64th Floor <br /> Los Angeles, CA 90071
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