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WESTVIEW HOUSE L (9).P
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WESTVIEW HOUSE L (9).P
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Last modified
7/6/2022 12:16:52 PM
Creation date
7/6/2022 12:13:29 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-083
Agency
Community Development
Council Approval Date
5/17/2022
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6.6. [Reserved.] <br />6.7. Waiver of Conditions. The conditions set forth pertaining to City's <br />obligation to make disbursements of the rehabilitation or construction portion are for City's <br />benefit only and the Executive Director may waive all or any part of such rights by written <br />notice to Developer. <br />6.8. Waiver of Disbursement Conditions. A waiver of a disbursement <br />condition may only be provided with written approval by the City. <br />6.9. Modification of Disbursement Conditions and Procedures. The <br />Executive Director shall have the authority to modify the disbursement conditions and <br />procedures set forth herein in order to conform them to the payment provisions of the <br />Construction Contract. <br />6.10. Other Terms and Conditions of Loan. <br />(a) The City/HOME Loan Note shall become immediately due and <br />payable, in the event of any of the following: <br />(i) failure to complete the Project within four (4) years of the <br />Close of Escrow; <br />(ii) HOME assisted units must achieve initial occupancy within <br />18 months of the issuance of the Certificate of Completion; <br />(iii) violation of any of the use covenants and restrictions <br />contained in this Agreement after the expiration of any applicable notice and cure periods; <br />(iv) an Event of Default by Developer which is not timely cured <br />after expiration of any applicable notice and cure periods pursuant to the terms of this <br />Agreement. <br />6.11. Closing Costs and Fees. Developer shall pay (a) all escrow fees and <br />charges, (b) all recording fees and charges on any document recorded pursuant to this <br />Agreement, and (c) the premium for the title insurance required hereunder. <br />6.12. Approval of Additional Financing. Except as to the Senior Loan, the <br />loans secured by permitted encumbrances for the City Loan Deed of Trust and as otherwise <br />described herein, the Developer shall not place or permit (either voluntarily or <br />involuntarily) to be placed any encumbrances, including, but not limited to any additional <br />liens or financing of any kind on the Project without the prior written discretionary consent <br />of the City. <br />6.13. Cost Savings Obligation. <br />(a) Subject to compliance with the Tax Credit Rules and the approval <br />of the California Tax Credit Allocation Committee ("TCAC"), Developer hereby agrees to <br />provide and pay to the City the payment described in this Section 6.13 in connection with <br />Cost Savings, if any, from the Project in an amount to be determined based on the "Audit" <br />(as defined in Section 6.13(b) below and in accordance with 6.13) to be conducted upon <br />12 <br />Wmtview Eouse <br />City HOME Loan Agreement <br />
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