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WESTVIEW HOUSE L (3).P
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Last modified
7/6/2022 11:57:00 AM
Creation date
7/6/2022 11:54:11 AM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-085
Agency
Community Development
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arising out of the gross negligence or willful misconduct of any of the Indemnitees or a <br />breach by the City of any representation, warranty or covenant contained in this <br />Agreement. The parties agree that, with respect to the release of Claims as set forth above, <br />all rights under Section 1542 of the California Civil Code and any similar law of any state <br />or territory of the United States are expressly waived. Section 1542 reads as follows: <br />"A general release does not extend to claims that the creditor or releasing party <br />does not know or suspect to exist in his or her favor at the time of executing the <br />release and that, if known by him or her, would have materially affected his or her <br />settlement with the debtor or released party." <br />11.13. Other Program Requirements. Developer shall carry out each activity in <br />compliance with all federal laws and regulations described in subpart H of 24 CFR 92, <br />except that Developer does not assume City's responsibilities for environmental review in <br />24 CFR 92.352 or the intergovernmental review process in 24 CFR 92.359. <br />11.14. Request for Disbursements of Funds. Notwithstanding anything <br />contained in this Agreement to the contrary, Developer may not request disbursements of <br />funds under this Agreement until the funds are needed for payment of eligible costs (such <br />funds shall be used solely towards the acquisition and construction of the Property). The <br />amount of each request shall be limited to the amount needed. <br />11.15. Eligible Costs. Developer shall use Rental Rehabilitation Program Funds <br />to pay costs defined as "eligible costs" pursuant to 24 CFR 92.206. <br />11.16. Records and Reports. Developer shall maintain and from time to time <br />submit to City such records, reports and information as the Executive Director may <br />reasonably require in order to permit City to meet the record keeping and reporting <br />requirements required of it pursuant to 24 CFR 92.508. <br />11.17. Uniform Administrative Requirements, Cost Principles, and Audit <br />Requirements for Federal Awards. Developer shall comply with the requirements and <br />standards of 2 CFR 200. <br />11.18. Conflict of Interest. Developer shall comply with and be bound by the <br />conflict of interest provisions set forth at 24 CFR 570.611, as well as state regulations <br />pertaining to conflict of interest. <br />11.19. Monitoring. Developer shall allow the City to conduct periodic inspections <br />of the Restricted units on the Property as required by the Rental Rehabilitation Program <br />after the date of construction completion, with reasonable advance written notice. <br />Developer shall cure any defects or deficiencies found by the City while conducting such <br />inspections within two weeks of written notice thereof, or such longer period as is <br />reasonable within the sole discretion of the City. <br />Not less than once per year, the City shall review Developer's activities and operations <br />under the Agreement and Developer's compliance with the requirements set forth in this <br />Agreement. Such review may include an on -site inspection of the Project units (including <br />29 <br />Westview House <br />City Rental Rehabilitation Program Loan Agreement <br />
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