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25B - AGMT - LOAN GUEST HOUSE
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25B - AGMT - LOAN GUEST HOUSE
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Last modified
12/19/2016 10:36:39 AM
Creation date
12/15/2016 4:54:08 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
12/20/2016
Destruction Year
2021
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(c) Affordability Restrictions on Transfer of Property. Developer <br />shall have delivered to the Escrow Holder, in the form attached hereto as Exhibit G, the <br />Affordability Restrictions on Transfer of Title pursuant to which, among other things, <br />Developer agrees that the Property shall be used only for decent, safe, sanitary and <br />affordable rental housing pursuant to the affordability requirements of Code of Federal <br />Regulations ("CFR") section 92.252 or 92.254 and California Health and Safety Code <br />("H&S") sections 50052.5, as applicable. <br />(d) Docuunents Recorded, This Loan Agreement, the City/HOME Loan <br />Deed of Trust and the Affordability Restrictions on Transfer of Property shall have been <br />recorded in the Official Records of the County. <br />(e) Request for Notice. For the benefit of City, Escrow Holder shall <br />have recorded a request for notice of default of the Senior Loan (the "Request for Notice <br />of Default"). <br />(f) Insurance. City shall have received evidence satisfactory to the City <br />Attorney that all of the policies of insurance required by Section 19 of this Agreement are <br />in full force and effect. <br />(g) Representations and Warranties. The representations and <br />warranties of Developer contained in this Agreement and the other Loan Documents shall <br />be correct as of the Close of Escrow as though made on and as of that date, and if <br />requested by the Executive Director, City shall have received a certificate to that effect <br />signed by Developer's Representative. <br />(h) No Default, No Event of Default by Developer shall have occurred, <br />and no event shall have occurred which, with the giving of notice or the passage of time <br />or both, would constitute an Event of Default by Developer under this Agreement, and if <br />requested by the Executive Director, City shall have received a certificate to that effect <br />signed by Developer's Representative, <br />6.2 Disbursement Procedures for Loan(s). <br />A portion of the Loan proceeds shall be disbursed through Escrow to f nance the <br />acquisition of the Property, with other proceeds being used for the rehabilitation (as <br />evidenced in Exhibit Q. The Loan proceeds shall not be used for any purpose other than for <br />aequ sition costs of the Property and/or rehabilitation/construction costs, including a <br />Developer fee and soft costs related to development of the Project (costs all subject to City's <br />prior review). The City allows for eligible costs to be paid by HOME loan fields that were <br />incurred not more than 24 months prior to the HOME funds commitment date of this loan <br />agreement in accordance with HOME regulations. <br />6,3 [Intentionally Omitted] <br />6.4 [Intentionally Omitted] <br />9 <br />25B-15 <br />
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