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80A - JOINT - AMEND NSP
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80A - JOINT - AMEND NSP
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Last modified
9/16/2013 8:54:33 AM
Creation date
9/12/2013 5:48:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/16/2013
Destruction Year
2018
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d. If so directed by the City or HUD upon termination of the Loan <br />Agreement, Owner shall cause all records, accounts, documentation and all other <br />materials relevant to the work to be delivered to the City or HUD, as depository. <br />e. All records, accounts, documentation and other materials relevant to the <br />Project shall be accessible at any time to the authorized representatives of the City, or <br />HUD, on reasonable prior notice, for the purpose of examination or audit. <br />f Pursuant to 24 CFR Part 44, the City shall perform an annual audit at the <br />close of each calendar year in which these Restrictions are in effect. Owner shall <br />reasonably cooperate with City in performing such audit. <br />g. Owner shall permit the City to perform an Annual Physical Inspection of <br />the Property with at least seven (7) days notice. Owner shall cooperate with this <br />Inspection and shall take all steps necessary to quickly correct any code deficiencies <br />identified during the Inspection. <br />L. The City is the beneficiary of the terms and provisions of these Restrictions and the <br />covenants herein, both for and in its own right and for the purposes of protecting the <br />interests of the community and other parties, public or private, for whose benefit these <br />Restrictions and the covenants running with the land have been provided. The City shall <br />have the right if the covenants are breached, to exercise all rights and remedies, and to <br />maintain any actions or suits at law or in equity or other proper proceedings to enforce <br />the curing of such breaches to which they or any other beneficiaries of these Restrictions <br />and covenants are entitled. <br />M. The covenants and agreements contained herein shall run with the land and not be <br />personal obligations of Owner. Upon the sale, conveyance or other transfer of the <br />Property (a "Transfer") and the assumption of the obligations hereunder by a transferee, <br />Owner's liability for performance shall be terminated as to any obligation to be performed <br />hereunder after the date of such Transfer. <br />N. The Loan Agreement and all of its attachments shall be enforceable by the <br />City in accordance with the terms thereof. Each of the Loan Agreement, the <br />Affordability Restrictions on Transfer of Property, the City Note and the City Deed of <br />Trust provide a means of enforcement by the City if Owner is in breach of its obligations <br />hereunder and thereunder, including liens on the Property, deed restrictions and <br />covenants running with the land [24 CFR 92.504 (c) (13)]. <br />58 <br />80A-114
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