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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
13
Date
3/7/2023
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<br />EXHIBIT 3 <br />effect on the financial condition of Developer or the conduct of its business, under any law, <br />contract, lease or other agreement or document described in subsection (b). <br />(d)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 />(i) the execution of Developer of, and the performance by <br />Developer of its obligations under, the Loan Documents; and <br />(ii)the creation of the liens described in the Loan Documents. <br />9.3.Financial and Other Information. To the best of Developer’s knowledge, <br />all financial information furnished to City with respect to Developer in connection with the <br />City/HOME-ARP Loan (a) is complete and correct in all material respects as of the date of <br />preparation thereof, (b) accurately presents the financial condition of Developer, and (c) <br />has been prepared in accordance with generally accepted accounting principles consistently <br />applied or in accordance with such other principles or methods as are reasonably acceptable <br />to City. To the best of Developer’s knowledge, all other documents and information <br />furnished to City with respect to Developer, in connection with the City/HOME-ARP <br />Loan, are correct and complete in all material respects insofar as completeness is necessary <br />to give the City accurate knowledge of the subject matter. To the best of Developer’s <br />knowledge Developer has no material liability or contingent liability not disclosed to City <br />in writing and there is no material lien, claim, charge or other right of others of any kinds <br />(including liens or retained security titles of conditional vendors) on any property of <br />Developer not disclosed in such financial statements or otherwise disclosed to City in <br />writing. <br />9.4.No Material Adverse Change. There has been no material adverse change <br />in the condition, financial or otherwise, of Developer since the dates of the latest financial <br />statements furnished to City. Since those dates, Developer has not entered into any <br />material transaction not disclosed in such financial statements or otherwise disclosed to <br />City in writing. <br />9.5.Tax Liability. Developer has filed all required federal, state and local tax <br />returns and has paid all taxes (including interest and penalties, but subject to lawful <br />extensions disclosed to City in writing) other than taxes being promptly and actively <br />contested in good faith and by appropriate proceedings. Developer is maintaining adequate <br />reserves for tax liabilities (including contested liabilities) in accordance with generally <br />accepted accounting principles or in accordance with such other principles or methods as <br />are reasonably acceptable to City. <br />9.6.Governmental Requirements. To the best of Developer’s knowledge, <br />Developer is in compliance with all applicable laws relating to the Property and all <br />applicable Governmental Authority approvals, including zoning, land use, planning <br />requirements, and requirements arising from or relating to the adoption or amendment of, <br />any applicable general plan, subdivision and parcel map requirement; environmental <br />requirements, including the requirements of the California Environmental Quality Act and <br />23 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Loan Agreement
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