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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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control), provided that the same do not, in the aggregate and in the City's reasonable <br />judgment, threaten to delay the completion of the construction/rehabilitation beyond the <br />required completion date set forth in this Agreement; <br />(g) Developer is enjoined or otherwise prohibited by any <br />Governmental Authority from constructing and /or occupying the improvements and such <br />injunction or prohibition continues unstayed for sixty (60) days or more for any reason; <br />(h) Developer is dissolved, liquidated or terminated, or all or <br />substantially all of the assets of Developer are sold or otherwise transferred without the <br />Executive Director's prior written consent; <br />(i) Developer is the subject of an order for relief by a bankruptcy <br />court, or is unable or admits its inability to pay its debts as they mature, or makes an <br />assignment for the benefit of creditors; or Developer applies for or consents to the <br />appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or <br />similar officer for it or any part of its property; or any receiver, trustee, custodian, <br />conservator, liquidator, rehabilitator or similar officer is appointed without the <br />application or consent of Developer and the appointment continues undischarged or <br />unstayed for ninety (90) days; or Developer institutes or consents to any bankruptcy, <br />insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, <br />conservatorship, liquidation, rehabilitation or similar proceeding relating to it or any part <br />of its property; or any similar proceeding is instituted without the consent of Developer <br />and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, <br />warrant of attachment or execution, or similar process is issued or levied against any <br />property of Developer and is not released, vacated or fully bonded within ninety (90) <br />days after its issue or levy; or <br />(j) any of the Senior Loan documents is revolted or terminated, in <br />whole or in part and for any reason (except due to repayment of such loans), without the <br />Executive Director's prior written consent, or (ii) Developer defaults or otherwise fails to <br />perform any of its duties or obligations under or in connection with any of the Senior <br />Loan documents, subject to all applicable notice and cure periods, or (iii) any of the <br />Senior Loan docmmnts is amended, supplemented or otherwise modified without City's <br />prior written consent, which consent shall not be unreasonably withheld. <br />Notwithstanding anything to the contrary contained herein, City hereby agrees that any <br />cure of any default made or tendered by Developer's Limited Partner shall be deemed to <br />be a cure by Developer and shall be accepted or rejected on the same basis as if made or <br />tendered by Developer. <br />20.2 Remedies Upon Default. Upon the occurrence of any Event of Default, <br />City may, at its option and in its absoli to discretion, do any or all of the following: <br />(a) By written notice to Developer, declare the principal of all <br />amounts owing wider the Loan Documents, together with all accrued interest and other <br />amounts owing in connection therewith, to be immediately due and payable, regardless of <br />any other specified due date; provided that any Event of Default described in Section <br />39 <br />25C -43 <br />
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