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TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS) (2)
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TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS) (2)
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Last modified
3/25/2020 12:53:12 PM
Creation date
4/29/2019 10:25:45 AM
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Contracts
Company Name
TINY TIM LP (C/O COMMUNITY DEVELOPMENT PARTNERS)
Contract #
A-2019-058
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
4/16/2019
Destruction Year
0
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(g) the creation or imposition of any mechanics' or <br />materialmans' lien or other lien against the Property which might materially affect the <br />Property, which is not bonded over or released; and/or <br />(h) any material adverse change in the financial condition of <br />Developer. <br />15.4 Further Assurances. Developer shall execute and acknowledge (or cause <br />to be executed and acknowledged) and deliver to City all documents, and take all actions, <br />reasonably required by City from time to time to confirm the rights created or now or <br />hereafter intended to be created under the Inclusionary Loan Documents; to protect and <br />further the validity, priority and enforceability of the Inclusionary Deed of Trust; to subject <br />to the Deed of Trust any property intended by the terns of any Loan Document(s) to be <br />covered by the Inclusionary Deed of Trust or otherwise to carry out the purposes of the <br />Inclusionary Loan Documents and the transactions contemplated thereunder. <br />15.5 Annual Financial Statements. Developer shall deliver the following to <br />City within one hundred and fifty (150) days after the end of each Calendar Year: (a) a <br />certified public accountant reviewed balance sheet for Developer as of the end of such <br />Calendar Year and a certified public accountant reviewed statement of profit and loss for <br />Developer and for Developer's operations in connection with the Property for such <br />Calendar Year, together with all supporting schedules; (b) a certificate of such certified <br />public accountant that such documents were reviewed by such certified public accountant <br />in accordance with generally accepted accounting principles and otherwise comply with <br />generally accepted accounting principles review requirements; and, (c) a certificate of <br />Developer's chief financial officer that such documents: (i) were prepared in accordance <br />with generally accepted accounting principles applied on a consistent basis or in <br />accordance with such other principles or methods as are reasonably acceptable to City; (ii) <br />fairly present Developer's financial condition; (iii) show all material liabilities, direct and <br />contingent; and, (iv) fairly present the results of Developer's operations. Developer shall <br />also provide the City with any other annual audit reports issued by other monitoring <br />agencies. Developer shall include in said reports a document in the "Form of Residual <br />Receipts Report" attached hereto as Exhibit G and incorporated herein. <br />15.6 Audits and Access to Records. Developer agrees that City or any of its <br />authorized representatives shall have the right of access, upon reasonable notice and during <br />normal business hours, to any books, documents, papers, or other records of Developer that <br />are pertinent to this Agreement in order to make audits, examinations, abstracts, excerpts <br />or transcripts. Developer will maintain all books and records pertaining to this Agreement <br />for a period of not less than five (5) years after all matters pertaining to this Agreement <br />(i.e., audit, disputes or litigation) are resolved in accordance with applicable federal or state <br />laws, regulations or policies, and when a period of affordability or recapture applies to <br />Developer's activities, for a period of not less than five (5) years after the affordability or <br />recapture period ends. <br />15.7 Termite Inspection Report. Developer shall deliver a termite report <br />pertaining to the Property to the City every fifth (5t) year following the date of issuance <br />of the Certificate of Occupancy. <br />
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