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25C - AGMT - HOUSING DEV ORGANIZATIONS
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25C - AGMT - HOUSING DEV ORGANIZATIONS
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2/2/2017 3:37:11 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25C
Date
2/7/2017
Destruction Year
2022
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Partner with a reasonable period and thereafter diligently proceeds to complete such <br />substitution; (ii) any transfer of the Property to the Managing General Partner pursuant to <br />the right of first refusal or to the General Partners pursuant to the purchase option, as <br />provided for in the Partnership Agreement; (iii) any transfer of the Limited Partner's <br />interest in connection with a default by the Limited Partner under and in accordance with <br />the Partnership Agreement; and (iv) any sale, transfer or other disposition of an interest in <br />a limited partner of the Developer. <br />17. CERTIFICATE OF COMPLETION <br />Upon satisfactory completion of the construction/rehabilitation and upon the <br />request of Developer, or at its own election, the City of Santa Ana shall issue a Certificate <br />of Completion. Such Certificate of Completion shall be, and shall so state, conclusive <br />determination of satisfactory completion of the construction/rehabilitation. <br />If City declines to furnish a Certificate of Completion after written request from <br />Developer, the Executive Director shall, within thirty (30) days after receipt of the <br />request, provide Developer with a written statement of the reasons therefore, The <br />statement shall contain a description of the action Developer must take to obtain a <br />Certificate of Completion. If the reason therefore is that the Developer has not completed <br />a minor portion of the Construction/Rehabilitation, City may, in its sole and absolute <br />discretion, issue the Certificate of Completion upon the posting with City of a bond or <br />other form of security acceptable to the Executive Director in the amount of the fair value <br />of the uncompleted work. <br />A Certificate of Completion is not evidence of compliance with or satisfaction of <br />the Loan Documents or any obligation of Developer to any other party whatsoever, <br />including any holder of a mortgage or deed of trust. A Certificate of Completion is not <br />"notice of completion" referred to in Section 3093 of the California Civil Code. <br />18, INDEMNIFICATION <br />18.1 Nonliability of City. Developer acknowledges and agrees that: <br />(a) The relationship between Developer and City is and <br />shall remain solely that of borrower and lender, City neither undertakes nor assumes any <br />responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform <br />Developer of any matter in connection with the constntction/rchabilitationi, including <br />matters relating to: (i) the performance of the construction/rehabilitation work, (ii) <br />architects, contractors, subcontractors and materialmen, or the workmanship of or <br />materials used by any of them, or (iii) the progress of the construction/rehabilitation; and <br />Developer shall rely entirely on its own judgment with respect to such matters and <br />acknowledges that any review, inspection, supervision, approval or information supplied <br />to Developer by City in connection with such matters is solely for the protection of City <br />and that neither Developer nor any third party is entitled to rely on it; <br />(b) Notwithstanding any other provision of any Loan Document: (i) <br />the City is not a partner, joint venture, alter -ego, manager, controlling person or other <br />33 <br />25C -37 <br />
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