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65A - SANTORA BUILDING AD HOC RPT
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65A - SANTORA BUILDING AD HOC RPT
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Last modified
6/28/2012 7:47:59 PM
Creation date
6/28/2012 7:16:09 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
65A
Date
7/2/2012
Destruction Year
2017
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Property provided for in this Agreement, the Developer will not discriminate against any employee <br />or applicant for employment because of race, color, creed, religion, sex, marital status, ancestry or <br />national origin. <br />J. Certificate of Completion. Promptly after the completion of all work set forth in <br />this Agreement and in the Improvement Plans, and upon the written request by the Developer, the <br />Agency shall famish Developer with a Certificate of Completion, which shall evidence and <br />determine the satisfactory completion of such work. The Certificate of Completion shall not be <br />withheld or delayed by the Agency unless Developer shall have failed to satisfactorily complete the <br />construction and/or rehabilitation required by this Agreement in substantial compliance with the <br />terms and provisions hereof and the Improvement Plans. Such Certificate of Completion is not a <br />notice of completion as referred to in Section 3093 of the California Civil Code. <br />§300 LOAN OBLIGATION BY AGENCY <br />[§301] Agency Loan Amount. In order to make the development of the Project <br />economically feasible, Agency, subject to the terms and conditions hereinafter set forth, agrees to <br />provide Developer a loan ("Loan's in the principal amount of no more than Four Hundred Fifty <br />Thousand Dollars ($450,000) (the "Maximum Loan Amount"). <br />[§302] Note and Deed of Trust. The Loan shall be evidenced by the Loan Note in the form <br />attached hereto as Attachment No. 5. The Loan shall be secured by the Agency Loan Deed of Trust <br />("Trust Deed") in the form attached hereto as Attachment No. 6. The Trust Deed shall be <br />subordinate to any and all deeds of trust to secure financing for the purchase or refinancing of the <br />Property, or to provide improvements to the Building, which deeds of trust collectively shall not <br />encumber the Property in excess of Five Million Dollars.($5,000,000.00). <br />[§303] Conditions Precedent for Disbursement of Loan Proceeds. Agency shall be <br />obligated to disburse Loan proceeds only if and when the following conditions have been satisfied: <br />A. Developer shall have duly signed the Loan Note and delivered it to Agency; <br />B. the Trust Deed shall have been recorded in the Official Records of the County; <br />C. Agency approval of the Improvement Plans urs t to Section [201 E] of this <br />Agreement; t loo vN zea???fcb? ?2e v/ ?,?+?,t,d ?_ Vt <br />D <br />. Agency receipt of a copy of a signed lease agreement between Developer and <br />Memphis for the restaurant in the Building, which lease shall contain the operational standards as <br />contained in Attachment No. 2 of this Agreement; <br />E. Developer, or its authorized agent as approved by the Agency, has obtained the <br />4 <br />65A-10
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