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RecDoc 2022-011753- Regulatory Agreement
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RecDoc 2022-011753- Regulatory Agreement
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Last modified
3/14/2022 3:14:52 PM
Creation date
3/14/2022 3:14:01 PM
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Recorded Docs
Recorded Docs - Type
Agreement
Subject
Regulatory Agreement and Declaration
Doc Num
2022-011753
Rec Date
2/8/2022
Address
1304 EL Camino Real
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with copy to: Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attention: City Attorney <br />Such written notices, demands, and communications may be sent in the same manner to such <br />other addresses as the affected party may from time to time designate by mail as provided in this <br />Section. Receipt shall be deemed to have occurred on the date shown on a written receipt for <br />delivery or refusal of delivery. <br />A copy of all notices delivered to Owner hereunder shall be delivered simultaneously to <br />the Investor Limited Partner. <br />6.15 'Waiver of Requirements. Any of the requirements of this Agreement may be <br />expressly waived by the City in writing, but no waiver by the City of any requirement of this <br />Agreement shall, or shall be deemed to, extend to or affect any other provision of this <br />Agreement. Any extension of time granted to Owner to perform any obligation under this <br />Agreement shall not operate as a waiver or release from any of its obligations under this <br />Agreement. Consent by the City to any act or omission by Owner shall not be construed to be <br />consent to any other or subsequent act or omission or to waive the requirement for the City's <br />written consent to future waivers. <br />6.16 Severability. If any provision of this Agreement shall be invalid, illegal or <br />unenforceable, the validity, legality and enforceability of the remaining portions of this <br />Agreement shall not in any way be affected or impaired thereby. <br />6.17 Multiple Originals, Counterparts. This Agreement may be executed in multiple <br />originals, each of which is deemed to be an original, and may be signed in counterparts. <br />6.18 CMFA Re ug latory Agreement. The parties hereto acknowledge that the Owner <br />and California Municipal Finance Authority are entering into that certain Regulatory Agreement <br />and Declaration of Restrictive Covenants (the "CMFA Regulatory Agreement") with respect to <br />the Property and the issuance of tax-exempt financing and further agree that as long as the <br />CMFA Regulatory Agreement is in effect, to the extent of any conflicting provisions between the <br />CMFA Regulatory Agreement and this Agreement, the CMFA Regulatory Agreement shall <br />control, provided, however, , the fact that this Agreement and the CMFA Regulatory Agreement <br />provide for greater, lesser or different obligations or requirements shall not be deemed a conflict <br />unless the applicable provisions are inconsistent and could not be simultaneously enforced or <br />performed. <br />REV: 01-19-2022 SK <br />[Signature Page Follows] <br />ATTY/AGR.2022.005/GS HIP 1304 ECR, LP (Page 18 of 23) <br />
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