25H - AGMT - PERMANENT HOUSING FOR PPL WITH HIV AND AIDS

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Exhibit D Section 3 Report Exhibit E - Debarment Certification Exhibit F - Certification Regarding Lobbying Exhibit G - Agreement Containing Covenants Affecting Real Property Project Sponsor agrees and acknowledges that the Agreement Containing Covenants Affecting Real Property shall be recorded against the Property with the County Recorder of the County of Orange and shall appear of record with respect to and as an encumbrance against the Property. 14. Duration of this Agreement. This Agreement shall remain in effect for ten (10) years from the date the Notice of Completion of rehabilitation or Certificate of Occupancy is filed /issued and shall automatically tertninate on the tenth (l Ott') anniversary from said date. 15. Repayment of Grant: Project Sponsor shall not be obliged to make payments to City during the Term of this Grant, which shall be ten (10) years (the "Term "); provided, however, that in the event of default, the principal amount (as reduced pursuant to this Paragraph) shall become due and payable in full. The preceding sentence to the contrary notwithstanding, the principal amount shall be deemed repaid by the amount of ten percent (10 %), or Seventy Two Thousand Dollars ($72,000.00) each annual anniversary during the Term commencing on , 2015, and continuing on each anniversary thereafter until the last day of the Term. 16. Expiration of Repayment Obligation. In the event the Project Sponsor does not sell or transfer the Property, fail to occupy, refinance, or discontinue the Project, or if the Project Sponsor is not in material breach of any other provisions of this Agreement before the end of the Term, the Project Sponsor shall have no obligation to make the repayment to City upon any later sale, transfer, refinancing or termination of occupancy on the Property. 17, Non - Waiver. Failure to exercise any right City may have or be entitled to, in the event of a default hereunder, shall not constitute a waiver of such right or of any other right in the event of a subsequent default. 18. Indemnification, The Project Sponsor shall defend, indemnify and hold harmless the City of Santa Ana and its officers, employees, representatives and volunteers from and against any loss, liability, claim, or judgment relating in any manner to the Property referred to in this Agreement. The Project Sponsor shall remain fully obligated for the payment of property taxes and assessments related to the Property. There shall be no reduction in taxes for Project Sponsor, nor any transfer of responsibility to City to make such payments, by virtue of the Grant. 19. Governing Law. This Agreement shall be governed by the laws of the State of California. Any legal action brought under, this Agreement must be instituted in the Superior Court of the County of Orange, State of California, or in a Federal District Court in the Central District of California. 25H -11