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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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(I) any material default by Grantee or any other party under any Senior Loan <br /> document, or the receipt by Grantee of any notice of default under any Senior Loan document; <br /> (g) the creation or imposition of any mechanics' or materialmans' lien or <br /> other lien against the Property which might materially affect the Property, which is not bonded <br /> over or released; and/or <br /> (h) any material adverse change in the financial condition of Grantee. <br /> 11.3 Further Assurances. Grantee shall execute and acknowledge (or cause to be <br /> executed and acknowledged) and deliver to City all documents, and take all actions, reasonably <br /> required by City from time to time to confirm the rights created or now or hereafter intended to <br /> be created under this Agreement. <br /> 11.4 Default on Senior Loan. Grantee shall not default on any of the Senior Loan <br /> Documents, provided however, that Grantee shall have such period as is provided in the Senior <br /> Loan Documents during which to effectuate a cure. <br /> 11.5 Sale or Lease of Property. Grantee shall not sell, lease (other than to qualified <br /> renters meeting the requirements set forth in this Agreement), sublease or otherwise transfer all <br /> or any part of the Property or any interest therein without the prior written consent of the City <br /> Project Manager, which consent may be withheld in the City Project Manager's sole discretion. <br /> In connection with the foregoing consent requirements, Grantee acknowledges that City relied <br /> upon Grantee's particular expertise in entering into this Agreement and continues to rely on such <br /> expertise to ensure the satisfactory completion of the construction. <br /> 12. CERTIFICATE OF COMPLETION <br /> Upon satisfactory completion of the construction and upon the request of Grantee, or at its <br /> own election, the City shall issue a Certificate of Completion. Such Certificate of Completion <br /> shall be, and shall so state, conclusive determination of satisfactory completion of the <br /> construction. The Certificate of Completion may be issued in the form of the Certificate of <br /> Occupancy or Final Inspection Notice from the City. <br /> If City declines to furnish a Certificate of Completion after written request from Grantee, the <br /> City Project Manager shall, within thirty (30)days after receipt of the request,provide Grantee with <br /> a written statement of the reasons therefore. The statement shall contain a description of the action <br /> Grantee must take to obtain a Certificate of Completion. If the reason therefore is that the Grantee <br /> has not completed a minor portion of the construction, City may, in its sole and absolute discretion, <br /> issue the Certificate of Completion upon the posting with City of a bond or other form of security <br /> acceptable to the City Project Manager in the amount of the fair value of the uncompleted work. <br /> A Certificate of Completion is not "notice of completion" referred to in Section 3093 of the <br /> California Civil Code. <br /> 13. INDEMNIFICATION <br /> 13.1 Nonliability of City. Grantee acknowledges and agrees that: <br />
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