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04 - Agmt - 605-611 E Washington
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04 - Agmt - 605-611 E Washington
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City Clerk
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Agenda Packet
Item #
04
Date
3/7/2011
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601.14 Documents Recorded. This Agreement, the Agency Deed of Trust, the <br />City lleed of Trust and the Affordability Restrictions shall have been recorded in the Official <br />Records ofthe County. <br />601.15 Request for Notice. Agency shall have recorded a request for notice of <br />default under the Senior Loan ("Request for Notice of Default"). <br />601.16 Insurance. Agency/City shall have received evidence satisfactory to the <br />Agency/City Attorney and the City's Risk Manager that all of tha;policies of insurance required by <br />Article 1900 of this Agreement are in full force and effect. <br />601.17 No Litigation. No litigation <br />threatened by any third parties which seeks to enjoin tl}e' <br />601.18 Kepresentations and W? <br />Developer contained in this Agreement and the of <br />disbursement of any proceeds of the Loans as thou] <br />the Executive Director, Agency/City shall have <br />Developer's Representative. <br />601.19 No Default. <br />any other Project Document shall have <br />giving of notice or the passage of time <br />render this Agreement or a~iq othat Pra <br />Agency/City shall have eceived .a'certi <br />602. <br />to make any <br />satisfactioriz <br />602.1 i <br />shall have'b'een satisfied <br />Exccuttvc Dii~ei;tor). <br />his/her own it <br />satisfactorily in <br />regulations). <br />shall be pending or <br />ed herein. <br />.. The repres@ptations and warranties of <br />ict Documents ~~all be oorreet as of eaah <br />on and as of that daYE,, and if requested by <br />1 a„certificate to ttiat;..effect signed by <br />t hy`peveloper under this Agreement or <br />ventssshall have occurred which, with the <br />stitutc an?Gvent of Default by Developer <br />t if,lequestsd by the Executive Director, <br />r, .. <br />~igrA~~ by Developer's Representative. <br />;den`f to Any Disbursement. Agency/City's obligation <br />uding~tlie_-first and fmal disbursements) is subject to the <br />ent. All Conditions Precedent set forth in Section 601 <br />satisfied) by Developer (or shall have been waived by <br />tisfacfo~3' Progress. The Executive Director shall be satisfied, based on <br />or gtktiei' reliable information, that the construction is progressing <br />ice.vrifl all applicable laws and other requirements (including HOME <br />602.3 Condition of Title. Either (i) the Executive Director reasonably believes <br />that no event has occurred that would give rise to a colorable claim against the Property (e.g., a <br />mechanic's lien) superior to the claim of Agency/City against the Property with respect to the subject <br />disbursement, or if such claim is made, then Executive Director shall receive satisfactory evidence <br />that such claim has been bonded over until its resolution; or (ii) Agency/City must have received, at <br />Developer's expense but payable out of the Loan proceeds from the title insurer who issued the <br />Agency/City Title Policy, all endorsements thereto then reasonably required by Agency/City <br />(inohtding, without limitation, CLTA Form 122 -- priority of advance endorsements). <br />23 <br />
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