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55A - AGMT LEGACY APARTMENTS
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12/15/2020
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55A - AGMT LEGACY APARTMENTS
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12/10/2020 5:00:39 PM
Creation date
12/10/2020 4:55:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
12/15/2020
Destruction Year
2025
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(b) violate any provision of, or require any consent or <br />approval not heretofore obtained under, any articles of incorporation, by-laws or other <br />governing document applicable to Developer; <br />(c) result in or require the creation of any lien, claim, <br />charge or other right of others of any kind (other than under the Inclusionary Loan <br />Documents) on or with respect to any property now or hereafter owned or leased by <br />Developer; <br />(d) to the best of its knowledge, violate any provision of <br />any law presently in effect that is applicable to the Project; or <br />(e) constitute a breach or default under, or permit the <br />acceleration of obligations owed under, any contract, loan agreement, lease or other <br />agreement or document to which Developer is a party or by which Developer or any of its <br />property is bound. <br />9.2.3 Developer is not in default, in any respect that is materially adverse <br />to the interests of City under the hiclusionary Loan Documents or that would have any <br />material adverse effect on the financial condition of Developer or the conduct of its <br />business, under any law, contract, lease or other agreement or document described in sub- <br />paragraph (d) or (e) of the previous subsection. <br />9.2.4 No approval, license, exemption or other authorization from, or <br />filing, registration or qualification with, any Governmental Authority is required which has <br />not been previously obtained in connection with: <br />(a) the execution by Developer of, and the performance <br />by Developer of its obligations under, the Inclusionary Loan Documents; and <br />(b) the creation of the liens described in the Inclusionary <br />Loan Documents. <br />9.3 Financial and Other Information. To the best of Developer's knowledge, <br />all financial information furnished to City by the Developer or any affiliate thereof with <br />respect to Developer in connection with the Loan (a) is complete and correct in all material <br />respects as of the date of preparation thereof, (b) accurately presents the financial condition <br />of Developer, and (c) has been prepared in accordance with generally accepted accounting <br />principles consistently applied or in accordance with such other principles or methods as <br />are reasonably acceptable to City. To the best of Developer's knowledge, all other <br />documents and information furnished to City by the Developer or any affiliate thereof with <br />respect to Developer, in connection with the Loan, are correct and complete insofar as <br />completeness is necessary to give the City accurate knowledge of the subject matter. To <br />the best of Developer's knowledge Developer has no material liability or contingent <br />liability not disclosed to City in writing and there is no material lien, claim, charge or other <br />right of others of any kinds (including liens or retained security titles of conditional <br />vendors) on any property of Developer not disclosed in such financial statements or <br />otherwise disclosed to City in writing. <br />55A-31 <br />
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