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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 />Section 20.DEFAULTS AND REMEDIES <br />20.1. Events of Default. The occurrence of any of the following, whatever the <br />reason therefore, shall constitute an Event of Default by Developer: <br />(a)Developer fails to make any payment of principal or interest under <br />the City/HOME-ARP Loan Note when due, and such failure is not cured within thirty (30) <br />Business Days after Developer's receipt of written notice that such payment was not <br />received when due; <br />(b)Developer fails to perform any other obligation for the payment of <br />money under any Loan Document, and such failure is not cured within thirty (30) Business <br />Days after Developer's receipt of written notice that such obligation was not performed <br />when due; <br />(c)Developer fails to perform any obligation (other than the obligations <br />described in subparagraphs (a) and (b) above) under any Loan Document, and such failure <br />is not cured within thirty (30) days after Developer's receipt of written notice that such <br />obligation was not performed; provided that, if cure cannot reasonably be effected within <br />such thirty (30)-day period, such failure shall not be an Event of Default so long as <br />Developer (in any event, within ten (10) days after receipt of such notice) commences to <br />cure, and thereafter diligently (in any event within one hundred and twenty (120) days after <br />receipt of such notice) prosecutes such cure to completion; <br />(d)Any representation or warranty in any Loan Document proves to <br />have been incorrect in any material respect when made; <br />(e) <br />(f) <br />Reserved; <br />Subject to the terms of Section 21.17, work on the construction <br />ceases for ninety (90) consecutive days for any reason; <br />(g)Developer is enjoined or otherwise prohibited by any Governmental <br />Authority from constructing and/or occupying the improvements and such injunction or <br />prohibition continues unstayed for ninety (90) days or more for any reason; <br />(h)Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />(i)Developer is the subject of an order for relief by a bankruptcy court, <br />or is unable or admits its inability to pay its debts as they mature, or makes an assignment <br />for the benefit of creditors; or Developer applies for or consents to the appointment of any <br />receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or <br />any part of its property; or any receiver, trustee, custodian, conservator, liquidator, <br />rehabilitator or similar officer is appointed without the application or consent of Developer <br />and the appointment continues undischarged or unstayed for ninety (90) days; or Developer <br />institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, <br />50 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Loan Agreement
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