Laserfiche WebLink
Pacific West Communities, Inc. <br />430 E. State Street, Suite 100 <br />Eagle, Idaho 83616 <br />208-461-0022 <br />calebr@tpchousing.com <br />City: Frances Robustelli <br />City Manager <br />City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />(510) 577-3319 <br />frobustelli@sanleandro.org <br />Any such notice or communication shall be deemed to have been given on (i) the day <br />such notice or communication is personally delivered, (ii) three (3) days after such notice <br />or communication is mailed by prepaid certified or registered mail, (iii) one (1) business <br />day after such notice or communication is sent by overnight courier. <br />⦁ Events of Default. The occurrence of any of the following events shall <br />constitute an Event of Default under this Agreement: <br />⦁ A Party fails to perform any of its obligations under this Agreement, <br />and does not cure such failure within thirty (30) days after written notice of such failure <br />has been delivered to the defaulting Party in accordance with Section 11 above; or <br />⦁ A Party purports to revoke this Agreement prior to termination. <br />⦁ Termination. This Agreement shall terminate upon the earlier of: (i) <br />completion of all obligations under the AHSC Documents; or (ii) mutual agreement of <br />the Parties hereto. <br />⦁ Third Party Beneficiary. The Partnership shall be an express third party <br />beneficiary of this Agreement and shall be entitled to enforce the provisions hereof as if it <br />were a party to this Agreement. <br />⦁ Assignment. District hereby acknowledges and approves the assignment by <br />Developer and the Partnership to the Housing Project’s senior lender (“Construction <br />Lender”) of all of their respective right, title and interest in, to and under the Agreement <br />(the “Collateral”) as collateral security for the Partnership’s obligations to Construction <br />Lender under, and in connection with Construction Lender’s loan to the Partnership. In <br />the event Construction Lender forecloses upon the Collateral, District hereby agrees that <br />Construction Lender shall have all of Developer’s rights and interests under the <br />Agreement. Construction Lender is hereby made an express third party beneficiary of this <br />7