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Item 18 - Permanent Supportive Housing Project at 918 Bewley Street
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Item 18 - Permanent Supportive Housing Project at 918 Bewley Street
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10/8/2024 5:18:01 PM
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City Clerk
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Agenda Packet
Agency
Community Development
Item #
18
Date
10/15/2024
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(a)Grantee fails to perform any obligation for the payment of money under <br />this Agreement, and such failure is not cured within ten (10) Business Days after Grantee's <br />receipt of written notice that such obligation was not performed when due; <br />(b)Any representation or warranty in this Agreement proves to have been <br />incorrect in any material respect when made; <br />(c)The Property is materially damaged or destroyed by fire or other casualty <br />unless Grantee fulfills the Restoration Conditions set forth in the insurance provisions of this <br />Agreement within one hundred eighty (180) days and thereafter diligently restores the Property <br />in accordance with this Agreement; <br />(d)Work on the construction ceases for sixty (60) consecutive days for any <br />reason (other than Force Majeure delays, as defined in Section 17.2); <br />(e)Grantee 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 sixty (60) days or more for any reason; <br />(f)Construction of the Project has not commenced within sixty (60) days of <br />the Initial Disbursement. <br />(g)Construction of the Project in accordance with the Scope of Work is not <br />complete within two (2) years from the Initial Disbursement. <br />(h)Grantee has not commenced leasing the Affordable Units to Eligible <br />Households within eighteen (18) months from completion of the Scope of Work. <br />(i)Grantee is dissolved, liquidated or terminated, or all or substantially all of <br />the assets of Grantee are sold or otherwise transferred without the City Project Manager's prior <br />written consent; or, <br />(j)Grantee is the subject of an order for relief by a bankruptcy court, or is <br />unable or admits its inability to pay its debts as they mature, or makes an assignment for the <br />benefit of creditors; or Grantee applies for or consents to the appointment of any receiver, <br />trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its <br />property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar <br />officer is appointed without the application or consent of Grantee and the appointment continues <br />undischarged or unstayed for ninety (90) days; or Grantee institutes or consents to any <br />bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, <br />custodianship, conservatorship, liquidation, construction or similar proceeding relating to it or <br />any part of its property; or any similar proceeding is instituted without the consent of Grantee <br />and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of <br />attachment or execution, or similar process is issued or levied against any property of Grantee <br />and is not released, vacated or fully bonded within ninety (90) days after its issue or levy. <br />15.2 Remedies Upon Default. Upon the occurrence of any Event of Default, City <br />may, at its option and in its absolute discretion, do any or all of the following: <br />EXHIBIT 2
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