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Inst 2010181820
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Inst 2010181820
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Last modified
7/15/2010 5:31:09 PM
Creation date
7/15/2010 5:31:07 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
7/1/2009
Recorded Document Type
Loan Agreement
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PERM
Document Relationships
Agmt 2009 Davis Street Family Resource Center DSFRC (2)
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
Inst 2010181819
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2009
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ARTICLE II <br />FACILITY ACQUISITION <br />2.1 ACQUISITION SCHEDULE. Participant shall adhere to the Project Acquisition Time <br />Schedule attached hereto under the Scope of Work as Exhibit D. Participant must obtain written approval <br />from the City for any changes to the Acquisition Schedule. <br />ARTICLE III <br />AFFIRMATIVE COVENANTS <br />3.1 USE OF FUNDS. Participant covenants that it shall use the Loan Proceeds solely for the <br />purpose of assisting in the acquisition of the Property in accordance with Section 1.4. <br />3.2 COMPLIANCE WITH LAWS; LICENSES; PERMITS; ETC. <br />3.2.1 COMPLIANCE WITH LAWS. Participant covenants to comply with all federal, <br />state and local laws, regulations, ordinances and rules applicable to the Property and the Improvements, <br />including without limitation, all applicable requirements of state and local building codes and regulations, <br />and all applicable statutes and regulations relating to accessibility for the disabled. <br />3.2.2 LICENSES; PERMITS; ETC. See General Provisions in Exhibit F. <br />3.3 INSURANCE. See General Provisions in Exhibit F. <br />3.4 MAINTENANCE. Participant shall maintain the Property in a first-class condition and <br />repair at Participant's own expense for a period of not less than twenty (20) years after the Property is <br />acquired. <br />3.5 INDEMNIFICATION. Participant shall indemnify, defend (with counsel reasonably, <br />acceptable to City), and hold harmless the City and °its elected and appointed officials, officers, agents, <br />volunteers and employees (collectively, the "Indemnitees") from and against, and shall pay on demand, <br />any and all losses, liabilities, damages, costs, claims, demands, penalties, fines, orders, judgments, <br />injunctive or other relief, expenses and charges (including attorney's fees and expenses of attorneys) <br />arising directly or indirectly in any manner in connection with or as a result of Participant's failure to perform <br />its covenants and obligations under this Agreement and any of its activities or operations related thereto, <br />excluding the willful misconduct or the gross negligence of the Indemnitees. <br />3.6 ANTI-DISCRIMINATION COVENANT. In conjunction with performance of this Agreement, <br />Participant has been made cognizant of and will comply with, all applicable anti-discrimination and equal <br />opportunity guidelines and requirements of the federal, state, or local government <br />3.7 USE OF PROPERTY: A Participant may not change the use or planned use of any such <br />property (including the beneficiaries of such use) from that for which the acquisition or improvement was <br />Fiscal Year 09-10 ~ San Leandro <br />Capital Improvement Loan Agreement <br />
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