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Agmt 2009 Alameda Housing Associates LP
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Agmt 2009 Alameda Housing Associates LP
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Last modified
7/24/2009 2:59:01 PM
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7/24/2009 2:58:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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PERM
Document Relationships
Agmt 2009 Alameda Housing Associates LP (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
Agmt 2013 Alameda Housing Associates LC
(Amended by)
Path:
\City Clerk\City Council\Agreements\2013
RDA Reso 2009-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2009
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ARTICLE 11 <br />REPRESENTATIONS; EFFECTNE DATE AND TERM <br />2, l Developer's Representations. Developer represents and warrants to Agency as <br />follows, and Developer covenants that until the expiration or earlier termination of this <br />Agreement, upon learning of an_y fact or condition which would cause any of the warranties and <br />representations in this Section 2. ] not to be true, Developer shall immediately give written notice <br />of such fact or condition to Agency. Developer acknowledges that Agency shall rely upon <br />Developer's representations made herein notwithstanding any investigation made by or on behalf <br />of Agency. <br />(i) Authority; General Partner. Developer is a limited partnership, duly <br />organized and in good standing under the laws of the State of California. Developer's general <br />partner is BRIDGE Norcal, LLC, a California limited liability company, duly organized and in <br />good standing under the laws of the State of California, whose sole member, MCB Housing, Inc., <br />a California nonprofit public benefit corporation, istax-exempt under Section 501(c)(3) of the <br />Internal Revenue Code of 1986, as amended. Developer has the full right, power and authority <br />to undertake all obligations of Developer as provided herein, and the execution, performance and <br />delivery of this Agreement by Developer has been duly authorized b_y all requisite actions. The <br />persons executing this Agreement on behalf of Developer have been duly authorised to do so. <br />?his Agreement and the other Agency Documents constitute valid and binding obligations of <br />Developer, enforceable in accordance with their respective terms. <br />(ii) No Cont7ict. Developer's execution, delivery and performance of its <br />obligations under this Agreement will not constitute a default or a breach under any contract, <br />agreement or order to which Developer is a party or by which it is bound. <br />(iii) No Litigation or Other Proceeding No litigation or other proceeding <br />(whether administrative or otherwise) is outstanding or has been threatened which would <br />prevent, hinder or delay the ability of Developer to perform its obligations under this Agreement. <br />(iv) No Developer Bankruptcy Developer is not the subject of a bankruptcy <br />or insolvency proceeding. <br />2.2 Effective Date; Memorandum. The obligations of Developer and Agency <br />hereunder shall be effective as of the Effective Date. The Parties shall execute a Memorandum <br />of this Agreement substantially in the form attached hereto as Exhibit B which shall be recorded <br />in the Official Records upon Developer's acquisition of a leasehold interest in the Property. The <br />Agency will not withhold consent to reasonable requests for subordination of the Memorandum <br />to deeds of trust, regulatory agreements and related documents provided for the benefit of Project <br />lenders approved pursuant io the Financing Plan provided that the instruments effecting such <br />subordination include reasonable protections to the Agency in the event of default. <br /> <br />
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