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25B - AGMT - 815 N HARBOR LOAN
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02/17/2015
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25B - AGMT - 815 N HARBOR LOAN
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Last modified
2/12/2015 4:45:31 PM
Creation date
2/12/2015 4:13:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/17/2015
Destruction Year
2020
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References to subparagrapfis shall be construed as rvlorenccs to the same Section in <br />which the reference appears. The term "document" is used in its broadest sense and <br />encompasses agreements, certificates, opinions, Qonsents, instruments and other written <br />material of every kind. The tornis "including" and "include" mean "including (include) <br />without limitation." <br />1.4 Exhibits Incorporated, All attachments and exhibits to this Agreement, <br />as now existing and as the same may from time to time be modified, are incorporated <br />herein by this reference. <br />2, SCOPE OF WORIV PROJECT BUDGET <br />A "Scope of Work" for the Property is attached hereto as Exhibit B. Any material <br />change to the Scope of Work requested by the Developer shall be subject to the prior <br />written approval of the Executive Director. <br />A lint -item budget for the Project, including a N unn-nary statement of sources and <br />uses of funds, is incorporated into Exhibit C ((he "project Budget" ), Any material change <br />to the Project Budget requested by Developer shall be subject to the prior written <br />approval of the Executive Director, <br />3. CITY LOAN <br />A. Amount and Purpose. Subject to the terms and conditions of this <br />Agreement, City agrees to make a Chan of HOME funds to Developer in the prmcipal <br />amount of up to $380,000 (the "City4iOME Loan") for the construction or the <br />development on the Property, <br />B. City /HOME Note and Deed of Trust, The City/1-101NIE Loam shall be <br />evidenced by the City/HOME Loan Note in the form attached hereto as Exhibit F. The <br />City Loan shall be secured by the City/HOME Loan Deed of Trust in the form attached <br />hereto as Exhibit E. The City/HOME Deed of Trust shall be a decd of trust encumbering <br />the Property, subordinate to the Senior Loan(s) made to Developer. <br />C. Cilly/fIONIE Loan Terms, The terms and conditions of the City/HOIVIE <br />Loan tire as set forth in the City/HOME Loan Note which is a residual receipts note. The <br />HOME compliance period is fifteen (15) years, oommencing on the date that all work is <br />complete and the Property "is s fully o ecu pi cd. <br />4, CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS <br />4.1 Conditions Precedent, City's obligation to disburse the Loan Arnount is subject <br />to the satisfaction, or waiver by the Executive Director, of the following conditions <br />precedent: <br />(a) Loan Documents. Developer shall have delivered to the City, <br />signed by the authorized officer or officers, of Developer, with such signature(s) <br />acknowledged where necessary, each oRhe following document,,: <br />25B -13 <br />
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