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CORNERSTONE HOUSING PARTNERS LP (3)
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CORNERSTONE HOUSING PARTNERS LP (3)
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Last modified
4/15/2020 1:48:13 PM
Creation date
4/15/2020 1:30:57 PM
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Contracts
Company Name
CORNERSTONE HOUSING PARTNERS LP
Contract #
A-2019-168
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
9/17/2019
Destruction Year
0
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satisfaction that the Proceeds (together with amounts deposited by Developer pursuant to <br />subparagraph (b)) will be adequate to repair the Improvements and to restore the fair <br />market value of the Property, within two years (or such longer time period reasonably <br />determined by Agency), to at least the value it had immediately prior to sustaining the <br />damage. Such demonstration shall include delivery to Agency of (i) plans and <br />specifications reasonably satisfactory to Agency, and (ii) a construction contract in form <br />and content, and with a contractor, reasonably satisfactory to Agency. <br />(b) To the extent that the Proceeds are insufficient to <br />accomplish the restoration required above, Developer shall deliver to Agency (the <br />"Shortfall Funds") in the amount of such shortfall, which funds shall be assigned to <br />Agency as security for Developer's obligation hereunder and held and disbursed in the <br />same manner as the Proceeds. <br />(c) Developer shall execute such documents as Agency <br />reasonably <br />requires to evidence and secure Developer's obligation to use all amounts disbursed for <br />the diligent restoration of the Property. <br />(d) No Event of Default shall remain uncured. <br />19.6 Failure to Satisfy Conditions. In the event that Developer <br />fails to fulfill the Restoration Conditions within ninety (90) days (unless extended <br />pursuant to Section 19.5) following the date on which the damage occurs, the Proceeds <br />shall be applied by Agency against any obligations to Agency that are secured by a lien <br />on the Property, and the selection of which such obligations to apply the Proceeds against <br />shall be made by Agency in their sole and absolute discretion, subject to the rights of the <br />Senior Lender. <br />19.7 Reserved. <br />19.8 Condemnation, Treatment of Compensation. Subject to any <br />superior rights of Senior Lender, Developer hereby assigns to the <br />Agency, as security for all obligations to Agency secured by a lien on <br />the Property, all amounts payable to Developer in connection with any <br />Condemnation, and any proceeds of any related settlement <br />(collectively, "Compensation"). Subject to any superior rights of <br />Senior Lender, Developer shall deliver such remaining Compensation <br />to Agency immediately upon receipt. If the taking results in a loss of <br />the Property to an extent that, in the reasonable opinion of Agency, <br />renders or is likely to render the Property not economically viable or <br />if, in Agency's reasonable judgment Developer's security is otherwise <br />impaired, Agency may apply the Compensation received due to <br />judgment or settlement in connection with any condemnation or other <br />taking to reduce the unpaid obligations secured in such order as <br />Agency may determine, and without any adjustment in the amount or <br />due dates of payments due under the Note. If so applied, any award in <br />excess of the unpaid balance of the Note and other sums due to <br />30 <br />
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