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Last modified
5/30/2017 4:30:18 PM
Creation date
4/14/2017 10:22:54 AM
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Contracts
Company Name
GUEST HOUSE LP
Contract #
A-2016-369
Agency
Community Development
Council Approval Date
12/20/2016
Notes
A-2016-155; A-2016-155-A
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(c) Affordability Restrictions on Transfer of Property. Developer <br />shall have delivered to the Escrow Holder, in the forin 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 purse int 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) Documents 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 finance the <br />acquisition of the Property, with other proceeds being used for the rehabilitation (as <br />evidenced in Exhibit C), The Loan proceeds shall not be used for any purpose other than for <br />acquisition 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 funds that were <br />incurred not more than 24 rnorltlis prior to the HOME funds coinmitinent date of this loan <br />agreement in accordance with HOME regulations. <br />6.3 [Intentionally Omitted] <br />6,4 [Intentionally Omitted] <br />
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