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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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(g) the creation or imposition of any mechanics' or materialmans' lien or <br />other lien against the Property which might materially affect the <br />Property; and /or <br />(h) any material adverse change in the financial condition of Developer. <br />15.4 Further Assurances. Developer shall execute and acknowledge (or cause to be executed <br />and acknowledged) and deliver to City all documents, and take all actions, reasonably required <br />by City from time to time to confirm the rights created or now or hereafter intended to be created <br />under the Loan Documents; to protect and further the validity, priority and enforceability of the <br />Inclusionary Deed of Trust and CDBG Deed of Trust; to subject to the Deed(s) of Trust any <br />property intended by the terms of any Loan Document(s) to be covered by the hiclusionary <br />Deed of Trust and CDBG Deed of Trust or otherwise to carry out the purposes of the Loan <br />Documents and the transactions contemplated thereunder. <br />15.5 Annual Financial Statements. Developer shall deliver to City, within one hundred fifty <br />(150) days after the end of each Calendar Year, (a) a certified public accountant reviewed <br />balance sheet for Developer as of the end of such Calendar Year and a certified public <br />accountant reviewed statement of profit and loss for Developer and for Developer's operations in <br />connection with the Property for such Calendar Year, together with all supporting schedules, (b) <br />a certificate of such certified public accountant that such documents were reviewed by such <br />certified public accountant in accordance with generally accepted accounting principles and <br />otherwise comply with generally accepted accounting principles review requirements, and (c) a <br />certificate of Developer's chief financial officer that such documents: (i) were prepared in <br />accordance with generally accepted accounting principles applied on a consistent basis or in <br />accordance with such other principles or methods as are reasonably acceptable to City, (ii) fairly <br />present Developer's financial condition, (iii) show all material liabilities, direct and contingent, <br />and (iv) fairly present the results of Developer's operations. Developer shall also provide the <br />City with any other annual audit reports issued by other monitoring agencies. Developer shall <br />include in said reports, a document in the "Form of Residual Receipts Report" attached hereto as <br />Exhibit I and incorporated herein. <br />15.6 Audits and Access to Records. Developer agrees that City, the U.S. Department of <br />Housing and Urban Development, the Comptroller General of the United States or any of their <br />authorized representatives shall have the right of access, upon reasonable notice, to any books, <br />documents, papers, or other records of Developer which are pertinent to this Agreement in order <br />to make audits, examinations, abstracts, excerpts or transcripts. Developer will maintain all <br />books and records pertaining to this Agreement for a period of not less than five (5) years after <br />all matters pertaining to this Agreement (i.e., audit, disputes or litigation) are resolved in <br />accordance with applicable federal or state laws, regulations or policies, and when a period of <br />affordability or recapture applies to Developer's activities, for a period of not less than five (5) <br />years after the affordability or recapture period ends. <br />15.7 Termite Inspection Report. Developer shall deliver a termite report pertaining to the <br />Property to the City every fifth (5 ") year beginning January 2020. <br />16. OTHER COVENANTS <br />29 <br />25B -35 <br />
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