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25B - AGMT - CDBG HOUSING LOAN
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25B - AGMT - CDBG HOUSING LOAN
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Last modified
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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d. If so directed by the City or HUD upon termination of the Loan Agreement, <br />Owner shall cause all records, accounts, documentation and all other materials relevant to the <br />work to be delivered to the City or HUD, as depository. <br />e. All records, accounts, documentation and other materials relevant to the Project <br />shall be accessible at any time to the authorized representatives of the City, or HUD, on <br />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 close of <br />each calendar year in which these Restrictions are in effect. Owner shall reasonably cooperate <br />with City in performing such audit. <br />g. Owner shall permit the City to perform an Annual Physical Inspection of the <br />Property with at least seven (7) days notice. Owner shall cooperate with this Inspection and shall <br />take all steps necessary to quickly correct any code deficiencies identified during the Inspection. <br />L. The City is the beneficiary of the terms and provisions of these Restrictions and the covenants <br />herein, both for and in its own right and for the purposes of protecting the interests of the <br />community and other parties, public or private, for whose benefit these Restrictions and the <br />covenants running with the land have been provided. The City shall have the right if the <br />covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits <br />at law or in equity or other proper proceedings to enforce the curing of such breaches to which <br />they or any other beneficiaries of these Restrictions and covenants are entitled. <br />M. The covenants and agreements contained herein shall run with the land and not be personal <br />obligations of Owner. Upon the sale, conveyance or other transfer of the Property (a "Transfer ") <br />and the assumption of the obligations hereunder by a transferee, Owner's liability for <br />performance shall be terminated as to any obligation to be performed hereunder after the date of <br />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 Affordability <br />Restrictions on Transfer of Property, the City Note and the City Deed of Trust provide a means <br />of enforcement by the City if Owner is in breach of its obligations hereunder and thereunder, <br />including liens on the Property, deed restrictions and covenants running with the land [24 CFR <br />92.504 (c) (13)]. <br />25B -64 <br />
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