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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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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 (5 h) year following the date of issuance <br />of the Certificate of Occupancy. <br />16. OTHER COVENANTS <br />While any obligation of Developer under the Inclusionary Note or Inclusionary <br />Deed of Trust remain outstanding, the following provisions shall apply, except to the extent <br />that City Project Manager otherwise consents in writing: <br />16.1 Default on Senior Loan. Developer shall not default on any of the Senior <br />Loan Documents, provided however, that Developer shall have such period as is provided <br />in the Senior Loan Documents during which to effectuate a cure. <br />16.2 Sale or Lease of Property. Unless and until Developer has received a <br />Certificate of Completion for the construction from City, Developer shall not sell, lease <br />(other than to tenants meeting the requirements set forth in this Agreement), sublease or <br />otherwise transfer all or any part of the Property or any interest therein without the prior <br />written consent of the City Project Manager, which consent may be withheld in the City <br />Project Manager's reasonable discretion. In connection with the foregoing consent <br />requirements, Developer acknowledges that City relied upon Developer's particular <br />expertise in entering into this Agreement and continues to rely on such expertise to ensure <br />the satisfactory completion of the construction. <br />Notwithstanding anything to the contrary contained herein, a "transfer" shall not <br />include: (i) atransfer of a General Partner's interest in Developer when made in connection <br />with the exercise by the Developer's limited partner (the "Limited Partner") of its rights <br />upon a default by a General Partner under the Developer's Partnership Agreement (the <br />"Partnership Agreement") or upon a General Partner's withdrawal in violation of the <br />Partnership Agreement, so long as the removal and substitution of the defaulting General <br />55A-44 <br />
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