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<br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />Attention: Housing. Manager <br /> <br />With copy to: Office of City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br /> <br />To Owner: Washington Santa Ana Housing Partners, L.P. <br /> c/o The Related Companies of California, LLC <br />19201 Von Karman Avenue, Suite 900 <br />Irvine, CA 92612 <br />Attention: President <br /> <br />c/o A Community of Friends <br />3701 Wilshire Boulevard, Suite 700 <br />Los Angeles, CA 90010 <br />Attention: Dora Leong Gallo <br />President and Chief Executive Officer <br /> <br />With a copy to: <br />Bocarsly Emden Cowan Esmail & Arndt LLP <br /> 633 W. 5th Street, 64th Floor <br />Los Angeles. CA 90071 <br />Attention: Lance Bocarsly, Esq. <br /> <br />3.15 Attorneys’ Fees and Costs. Should the City or Owner bring any action or <br />proceeding against the other, and if such action or proceeding is related to the interpretation or <br />enforcement of this Agreement or in any way relates to or arises due to the existence of this <br />Agreement, then the prevailing party in that action or proceeding shall be entitled to recover <br />from the non-prevailing party, in addition to all other relief to which the prevailing party may be <br />entitled, its actual litigation costs and attorneys’ and expert witness fees. The “prevailing party” <br />shall be as determined by the court in accordance with the provisions of California Code of Civil <br />Procedure Section 1032. Recoverable litigation costs and attorneys’ fees include those incurred <br />by the prevailing party in the enforcement of any judgment or other judicial order, and during, <br />the defense of any appeal taken from such underlying judgment or other judicial order. <br />3.16 Entire Agreement. This Agreement constitutes the entire agreement of City and <br />Owner as to the deferral of impact fees and supersedes all previous agreements, oral or written, <br />on the subject matter of this Agreement. <br />3.17 Modification. This Agreement may be amended or modified only by an <br />agreement in writing signed by each of the parties hereto. <br />EXHIBIT 9