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25B - AGMT - CDBG HOUSING LOAN
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25B - AGMT - CDBG HOUSING LOAN
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1/28/2016 4:31:05 PM
Creation date
1/28/2016 3:47:48 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/2/2016
Destruction Year
2021
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the Property in satisfaction of such Imposition or otherwise impair the City's interests under the <br />Loan Documents, and (c) Developer has furnished City with a bond or other security satisfactory <br />in an amount not less than 100% of the applicable claim (including interest and penalties). <br />12.3.2 Evidence of Payment. Upon demand by City from time to time, <br />Developer shall deliver to City, within thirty (30) days following the due date of any Imposition, <br />evidence of payment reasonably satisfactory to City. <br />12.3.3 Books and Records. Developer shall maintain complete books of account <br />and other records reflecting its operations (in connection with any other businesses as well as <br />with respect to the Property), in accordance with generally accepted accounting principles <br />applied on a consistent basis or in accordance with such other principles or methods as are <br />reasonably acceptable to City, in accordance with 24 CFR 92.508. <br />12.4 [Intentionally Omitted] <br />12.5 Project Operating Budget. Developer must promptly deposit all project income <br />directly into a segregated depository account established exclusively for the Project ( "Project <br />Operating Account "). Withdrawals from this account may be made only in accordance with the <br />provisions of this Agreement and the approved Budget, as it may be revised from time to time <br />with prior City approval. Developer may make withdrawals from this account solely for the <br />payment of project expenses and project fees. Withdrawals from this account for other purposes <br />may be made only with the prior written approval of the City. <br />12.6 Replacement Reserve Account. Developer must establish or cause to be established a <br />segregated interest - bearing replacement reserve depository account ( "Replacement Reserve <br />Account ") no later than the commencement of the permanent financing period for the Project. <br />Developer must make monthly deposits from project income into the Replacement Reserve in <br />accordance with Developer's Budget, as amended from time to time. Developer may withdraw <br />funds from the Replacement Reserve Account solely to fund capital improvements for the <br />Project, such as replacing or repairing structural elements, furniture, fixtures or equipment of the <br />Project that are reasonably required to preserve the Project. Developer may not withdraw funds <br />from the Replacement Reserve Account for any other purpose without the prior written approval <br />of the City. <br />13. NONDISCRIMINATION COVENANTS <br />13.1 Obligation to Refrain from Discrimination. Developer covenants and agrees that: <br />(a) In Use of Property. There shall be no discrimination against or segregation of <br />any person, or group of persons, on account of race, color, creed, disability, religion, sex, marital <br />status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or <br />enjoyment of the Property, nor shall Developer or any person claiming under or through it, <br />establish or permit any such practice or practices of discrimination or segregation with reference <br />to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or <br />vendors of the Property. <br />26 <br />25B -32 <br />
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