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04 - Agmt - 605-611 E Washington
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04 - Agmt - 605-611 E Washington
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1/3/2012 3:32:58 PM
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3/10/2011 10:46:47 AM
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City Clerk
Doc Type
Agenda Packet
Item #
04
Date
3/7/2011
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of a deed of trust to secure the funds necessary for construction and permanent financing of the <br />improvements. <br />(d) Removal of the investor limited partner of Developer upon the <br />expiration of the fifteen (15) year tax credit compliance period applicable to the Project. <br />In the event of an assignment by Doveloper under subparagraphs (a) or (c) above not <br />requiring the Agency's prior approval, Developer nevertheless agrees that at least thirty (30) days <br />prior to such assignmenC it shall give written notice to Agellgy/City of such assignment and <br />satisfactory evidence that the assignee has assumed jointly with fi5'eveloper the obligations of this <br />Agreement, <br />1602.3 Agency/City Conside <br />agree that they will not unreasonably withh <br />Section 1602, provided the Developer delivers <br />approval. Such notice shall be acct <br />assignee's or purchaser's development <br />financial commitments and resources, <br />proposed assignee or purchaser purse <br />reasonably determined by the Agent <br />h•ansferee or assignee on the basis ofi <br />construction of facilities similar to the 1 <br />and may reasonably disapprove, any prof <br />Section 1602 applies, ,,which s.t~e. Age <br />qualifications that the G>ansferring~~eve <br />satisfactory to the Agett'cy/City's legit ~ <br />Within thirty (30) days''~~;~£ter the'rece <br />approval of..ap ~~gi~lnnenY or~.tragsf~r j <br />approvo or.d,asapprove(: <br />information~if any, the <br />and deteiat)'itie whether <br />requested. <br />Agreement shall be bindi <br />the term "Developer" `i: <br />successors and assigns as <br />to <br />and/or opera <br />in sufficaeaif <br />of.:RegtiesteFs;I,:I'ransfm•. Agency and City <br />iixoval of a T~ypest made pursuant to this <br />n notice to the<A~epcy/City requesting such <br />sufficient evidence'ffegarding tho proposed <br />tional qualifications~apd,,.,experience, and its <br />Ietail to',diiabia the Aeehcb to evaluate the <br />znt to the ciWi'ta Set>~orth in this Section 1602 and as <br />~/City. The AgenG~%/City shall evaluate each proposed <br />is c~evel9~ment and/br:;qualifications and experience in the <br />mpiovemeailF's,--.and its `~paneial commitments and resources, <br />aoSe~l transferee ot.~ssignee; dyring the period for which this <br />;ncy/City dptermu?e „rdoes -riot possess equal or better <br />r /~~7 asslgnmcHt~i(n~;assumptiou agreement in a form <br />set shat~l"also be regrired for all proposed assignments. <br />of the 'Developer's written notice requesting Agency <br />u~rt to tli~a Section 1602, the Agency/City shall either <br />r~ r.. <br />inert or shill respond in writing by stating what further <br />rbly xoq}Iires in order to determine tho request complete <br />;quested approval. Upon receipt of such a response, the <br />ncy/City such further information as may be reasonably <br />~' and Assigns. All of the teams, covenants and conditions of this <br />e Developer and its permitted successors and assigns. Whenever <br />this Agreement, such term shall include any other permitted <br />1602.5 Assignment by City or Agency. City and Agency may assign or transfer <br />any of their rights or obligations under this Agreement without the approval of the Developer. <br />1700. ENFORCED DELAY; EXTENSION OF TIMES OF PERFORMANCE <br />In addition to specific provisions of this Agreement, performance by either party hereunder <br />shall not be deemed to be in Default, and all performance and other dates specified in this Agreement <br />shall be extended, where delays or Defaults are due to causes beyond the control or without flit fault <br />of the party claiming an extension of time to perform, which may include: war; insurrection; strikes; <br />lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of <br />50 <br />
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