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55A - AGMT LEGACY APARTMENTS
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55A - AGMT LEGACY APARTMENTS
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12/10/2020 5:00:39 PM
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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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liens imposed pursuant to any environmental law; and, (d) obtain and renew all <br />environmental permits required for ownership or use of the Property. <br />14.3 Presence of Hazardous Materials. Developer shall not, and shall not <br />permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazardous <br />Materials on the Property, or transport or permit the transportation of Hazardous Materials <br />to or from the Property, except for de minimis quantities used at the Property in compliance <br />with all applicable environmental laws and required in connection with the routine <br />operation and maintenance of the Property. <br />14.4 Notice of Environmental Matters. Developer shall immediately advise City <br />in writing of any of the following: (a) any pending or threatened environmental claim <br />against Developer or the Property; or (b) any condition or occurrence that: (i) results in <br />noncompliance with any applicable environmental law; (ii) could reasonably be anticipated <br />to cause the Property to be subject to any restrictions on the ownership, occupancy, use or <br />transferability of the Property under any environmental Law; or, (iii) could reasonably be <br />anticipated to form the basis of an environmental claim against the Property or Developer. <br />14.5 Environmental Indemnification by the Developer. Developer agrees to <br />defend, indemnify and hold harmless the City and its respective officers, directors, <br />employees and agents (collectively the "Indemnitees") from and against any and all <br />obligations (including removal and remediation), losses, claims (including third party <br />claims), suits, judgments, liabilities, penalties, damages (including consequential and <br />punitive damages), costs and expenses (including consultants, and attorneys' fees) of <br />whatever kind or nature whatsoever that may at any time be incurred by, imposed on, or <br />asserted against the Indemnitees directly or indirectly based on, or arising or resulting from <br />the actual or alleged presence of Hazardous Materials on the Property, other than resulting <br />from the gross negligence or willful misconduct of any Indemnitee. <br />15. OTHER AFFIRMATIVE COVENANTS <br />While any obligation of Developer under the Inclusionary Promissory Note or <br />Inclusionary Leasehold Deed of Trust remain outstanding, the following provisions shall <br />apply, except to the extent that City Project Manager otherwise consents in writing: <br />15.1 Existence. The sole member of Developer's managing general partner shall <br />maintain its existence in good standing under the laws of the State of California, and <br />Developer shall provide documentation of such status annually to the City. <br />15.2 Protection of Lien. Developer shall maintain the lien of the Inclusionary <br />Leasehold Deed of Trust as a deed of trust on the Property in the same priority as at the <br />commencement of construction and take all actions to execute and deliver to City all <br />documents, reasonably required by City from time to time in connection therewith. <br />15.3 Notice of Certain Matters. Developer shall give notice to City, within ten <br />(10) days of Developer's learning thereof, of each of the following: <br />55A-42 <br />
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