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ILLUMINATION FOUNDATION (40)
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ILLUMINATION FOUNDATION (40)
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Last modified
11/14/2024 3:25:41 PM
Creation date
11/7/2024 2:44:51 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2024-169
Agency
Community Development
Council Approval Date
10/15/2024
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4.6 Waiver of Disbursement Conditions. Unless City otherwise agrees in writing, <br /> the making by City of any disbursement with knowledge that any condition to such <br /> disbursement is not fulfilled shall constitute a waiver of such condition only with respect to the <br /> particular disbursement made, and such condition shall be conditioned to all further <br /> disbursements until fulfilled. <br /> 4.7 Other Terms and Conditions of Grant. Any disbursed Grant amounts shall <br /> become immediately due and payable by Grantee back to City, in the event of any of the <br /> following: <br /> (a) Failure to complete the Project within two (2) years of the date of the first <br /> disbursement, unless extended due to Force Majeure delays; <br /> (b) Violation of any of the use covenants and restrictions contained in this <br /> Agreement after the expiration of any applicable notice and cure periods; or, <br /> (c) An Event of Default by Grantee,which is not timely cured after expiration <br /> of any applicable notice and cure periods pursuant to the terms of this Agreement. <br /> 4.8 Costs and Fees. Grantee shall pay all recording fees and charges on any <br /> document recorded pursuant to this Agreement. <br /> 5. USE AND MAINTENANCE OF THE PROPERTY <br /> 5.1 Maintenance of the Property. During construction and rehabilitation of the <br /> Project, solely at Grantee's expense, Grantee agrees to maintain the Property in a clean and orderly <br /> condition and in good condition and repair and keep the Property free from any accumulation of <br /> debris and waste materials. If at any time Grantee fails to maintain, or cause to be maintained, the <br /> Property as required by this section,and said condition is not corrected after the expiration of a <br /> reasonable period of time not to exceed thirty(30)days from the date of written notice from the <br /> City, unless such condition cannot reasonably be cured within thirty (30)days, in which case <br /> Grantee shall have such additional time as reasonably necessary to complete such cure, the City may <br /> perform the necessary maintenance and Grantee shall pay all reasonable costs incurred for such <br /> maintenance. Following the Certificate of Completion for construction of the homes, the Property <br /> maintenance shall be governed by the provisions of the Regulatory Agreement. <br /> 5.2 Obligation to Refrain from Discrimination. Grantee covenants and agrees for <br /> itself,its successors, its assigns and every successor in interest to the Property or any part thereof, <br /> that there shall be no discrimination against or segregation of any person or group of persons on <br /> account of race, color,creed,religion, sex, marital status, sexual orientation, gender identity, gender <br /> expression, gender, medical conditions, genetic information, military and veteran status, age, <br /> national origin, ancestry, or disability, during the course of the Project or rehabilitation or operation <br /> of the Property nor shall Grantee itself or any person claiming under or through him/her establish or <br /> permit any such practice or practices of discrimination or segregation with reference to the <br /> rehabilitation or operation of the Property. The foregoing covenants shall run with the land and <br /> shall remain in effect until termination of the Agreement. Following the Certificate of Completion, <br /> the Grantee's obligation to refrain from discrimination shall be governed by the provisions of the <br /> Regulatory Agreement. <br />
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