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20A - AA - LOAN AGMT 601 E 20TH ST
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10/18/2010
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20A - AA - LOAN AGMT 601 E 20TH ST
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1/3/2012 3:58:36 PM
Creation date
10/14/2010 11:26:40 AM
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City Clerk
Doc Type
Agenda Packet
Item #
20A
Date
10/18/2010
Destruction Year
2015
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City has reasonable grounds to question Borrower's fiscal accountability, financial soundness or <br />compliance with this Agreement, City may suspend the operation of this Agreement for up to 60 <br />days upon 5 days' written notice to Borrower of its intention to so act, pending an audit or other <br />resolution of such questions. In no event, however, shall any revisions made by City affect <br />expenditures and legally binding commitments made by Borrower before it received notice of such <br />revision, provided that such amounts have been committed in good faith and are otherwise <br />allowable and that such commitments are consistent with cash withdrawal guidelines. <br />13. Loan Servicing. City may contract with a private lender to originate and service the <br />Loans. <br />14. Indemnification. Borrower shall indemnify, defend and hold harmless the City and its <br />officers, agents, employees, legal counsel, representatives and volunteers, from and against any <br />loss, liability, claim or judgment relating in any manner to the Property or this Agreement, <br />including, but not limited, to any mechanic's lien or materialmen's lien against the property. <br />15. Taxes. Borrower shall remain fully obligated for the payment of taxes, liens and <br />assessments relating to the Property. There shall be no reduction in taxes for Borrower, nor any <br />transfer of responsibility to City to make such payments, by virtue of the Loans. <br />16. Insurance. Borrower shall maintain, during the term of the Loans, an all-risk property <br />insurance policy insuring the Property in an amount equal to the full replacement value of the <br />structures on the Property. The policy shall name City as loss payee and shall contain a statement of <br />obligation on behalf of the insurance carrier to notify City of any material change, cancellation or <br />termination of coverage at least 30 days in advance of the effective date of such material change, <br />cancellation or termination. Borrower shall deliver a copy of the certificate of insurance and loss <br />payee endorsement to City at the close of escrow of this loan, and Borrower shall annually deliver a <br />copy of the certificate of insurance and loss payee endorsement to City, signed by an authorized <br />agent of the insurance carrier and setting forth the general provisions of coverage. The copy of the <br />certificate of insurance and loss payee endorsement shall be delivered to City as follows: <br />The City of Santa Ana <br />20 Civic Center Plaza, M-37 <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />Attention: Housing Programs Coordinator <br />Any certificate of insurance required by this Section must be in a form, content and with an <br />insurance company that is acceptable to City in its sole discretion. <br />17. Non-Waiver. Failure to exercise or delay in exercising any right City may have or be <br />entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other <br />right in the event of a subsequent default. <br />18. Documents. Borrower has reviewed and, if appropriate, agrees to execute and <br />acknowledge the following documents in substantially the form as attached to this Agreement prior <br />Page 11 of 15 <br />20A-15
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