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25C - AGMT - HOUSING DEV ORGANIZATIONS
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02/07/2017
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25C - AGMT - HOUSING DEV ORGANIZATIONS
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2/2/2017 3:37:11 PM
Creation date
2/2/2017 3:10:05 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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for Developer's obligation hereunder and held and disbursed in the same manner as the <br />Proceeds. <br />(c) Developer shall execute such documents as City requires to <br />evidence and secure Developer's obligation to use all amorurts disbursed for the diligent <br />restoration of the Property. <br />(d) No Event of Default shall remain uncured. <br />19.6 Method of Disbursement and Undisbursed Funds, <br />Any Proceeds and Shortfall Funds to be disbursed to Developer shall be held by City and <br />disbursed in accordance with then customary disbursement procedures and related <br />provisions. Any amounts remaining undisbursed following completion of such restoration <br />shall be returned to Developer up to the amount of any Shortfall Funds deposited by <br />Developer, and any other amounts remaining shall either be paid to Developer or applied <br />by City against any obligations to City that are secured by a lien on the Property, as they <br />elect in their sole and absolute discretion, <br />19.7 Failure to Satisfy Conditions. In the event that Developer <br />fails to fulfill the Restoration Conditions within ninety (90) days (unless extended <br />pursuant to Section 19.5) following the date on which the damage occurs, the Proceeds <br />shall be applied by City against any obligations to City that arc secured by a lien on the <br />Property, and the selection of which such obligations to apply the Proceeds against shall <br />be made by City in their sole and absolute discretion. <br />19.8 Restoration. Nothing in this Article 19 shall be <br />construed to excuse Developer from repairing and restoring all damage to the Property in <br />accordance with other Loan Document provisions, regardless of whether insurance <br />proceeds are available or sufficient. <br />19.9 Condemnation: Treatment of Compensation. Subject to any <br />superior rights of Senior Lender, Developer hereby assigns to the City, as security for all <br />obligations to City secured by a lien on the Property, all amounts payable to Developer in <br />connection with any Condemnation, and any proceeds of any related settlement <br />(collectively, "Compensation "). Subject to any superior rights of Senior Lender, <br />Developer shall deliver such remaining Compensation to City immediately upon receipt. <br />If the taking results in a loss of the Property to an extent that, in the reasonable opinion of <br />City, renders or is likely to render the Property not economically viable or if, in City's <br />reasonable judgment Developer's security is otherwise impaired, City may apply the <br />Compensation received due to judgment or settlement in connection with any <br />condemnation or other taking to reduce the unpaid obligations secured in such order as <br />City may determine, and without any adjustment in the amount or due dates of payments <br />due under the Note. If so applied, any award in excess of the unpaid balance of the Note <br />and other sums due to City shall be paid to Developer or Developer's assignee. City shall <br />have no obligation to take any action in connection with any acfard or threatened <br />condemnation or other proceeding, <br />37 <br />25C -41 <br />
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