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Inst 2002261091
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Inst 2002261091
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Last modified
9/24/2009 12:02:10 PM
Creation date
9/24/2009 12:02:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2002
Recorded Document Type
Regulatory Agreement
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PERM
Document Relationships
Agmt 2002 Citizens Housing Corporation
(Reference)
Path:
\City Clerk\City Council\Agreements\2002
Reso 2002-065
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2002
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If necessary to secure other financing, City may execute a subordination agreement resulting in City's <br />security interest in the Property becoming subject to and of lower priority than the lien of some other <br />security instrument. Such agreement shall be entered into only after City has reviewed and approved the <br />form of the subordination agreement. <br />SECTION 15. CHANGE OF USE <br />Property shall be used as specified under Section 4 for the term of this Agreement. <br />SECTION 16. DEFAULTS: REMEDIES <br />If Contractor shall default in the performance of any other term, covenant, or agreement contained in this <br />Agreement, and such default shall continue unremitting for thirty (30) days after written notice thereof shall <br />have been given to the Contractor by the City, provided, however, that if such default cannot reasonably be <br />cured in 30 days, Contractor shall provide the City with a written explanation of proposed efforts to cure the <br />default and within five (5) days after approval of such explanation by the City, Contractor shall commence <br />to cure and thereafter diligently pursuant such cure, the City shall be entitled to and in addition to all other <br />remedies provided by law or in equity: <br />a. To compel specific performance by Developer of its obligations under this Regulatory Agreement, it <br />being recognized that the beneficiaries of the Developer's obligations hereunder cannot be <br />adequately compensated by monetary damages in the event of the Developer's default; <br />b. To the extent permissible under laws and regulations protecting individual confidentiality, to have <br />access to, to inspect, and to make copies and to audit all books and records of the Developer <br />pertaining to the Project; <br />c. To cause the Developer to pay to the City, if the thirty (30) days cure period has been exceeded <br />and no cure has been achieved, or commenced, as applicable, as a penalty, an amount equal to all <br />rent received by the Developer with respect to HOME Assisted Units, if HOME Assisted Units are <br />knowingly or grossly negligently rented to person who do not comply with the requirements of such <br />HOME Assisted Units. <br />d. To conduct an evaluation of, and direct the Developer with respect to, the management and <br />operation of the Project in accordance with this Agreement. The reasonable expenses of the City <br />or any consultants associated with such evaluation and direction shall be reimbursed by the <br />Developer. The Developer shall follow all such directives, which may, at the option of the City, <br />include replacing existing management with new management. In the event such default includes <br />the failure of the Developer to make any required payment to the City in a timely manner, or the <br />imminent closure of the Project, the City may at its sole discretion select the new management. <br />The City may retain attorneys and consultants to assist in such evaluation and the Developer shall <br />pay the reasonable fees and expenses of such attorneys of consultants and any other expenses <br />incurred by the City in that connection. <br />Notwithstanding any other provision of the law relating to the acquisition, management or disposal <br />of real property by the State, the City shall have the power to do any or all of the following: <br />~ 0~. <br />
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