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10C Action 2011 0207
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10C Action 2011 0207
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Last modified
2/15/2011 9:58:38 AM
Creation date
2/3/2011 6:03:05 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/7/2011
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_CC Agenda 2011 0207
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0207
RDA Reso 2011-002
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
Reso 2011-018
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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following: Borrower's LP -1 and LP -2, Borrower's partnership agreement as amended, <br /> formation documents and LLC -1 for Borrower's general partner, and resolutions <br /> indicating that Borrower's general partner has authorized the execution and <br /> performance under the Agency Documents and that the persons executing the Agency <br /> Documents on behalf of Borrower have been duly authorized to do so. <br /> 1.7 No Obligation to Disburse Proceeds Upon Default. Notwithstanding any <br /> other provision of this Agreement, the Agency shall have no obligation to disburse any <br /> Loan Proceeds following: <br /> (i) termination of this Agreement; <br /> (ii) the failure of any of Borrower's representations and warranties set <br /> forth in this Agreement to be true and correct in all material <br /> respects; or <br /> (iii) the occurrence of an Event of Default on the part of Borrower <br /> under this Agreement or any other Agency Document. <br /> 2 USE RESTRICTIONS <br /> 2.1. Non - Discrimination. Borrower covenants by and for itself and its <br /> successors and assigns that there shall be no discrimination against or segregation of <br /> any person or any group of persons on account of any basis listed in subdivision (a) or <br /> (d) of Section 12955 of the Government Code, as those bases are defined in Sections <br /> 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955. <br /> and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, <br /> use, occupancy, tenure or enjoyment of the Project or the Property. nor shall Borrower <br /> or any person claiming under or through Borrower establish or permit any such practice <br /> or practices of discrimination or segregation with reference to the selection, location, <br /> number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in <br /> the Project. <br /> 2.2. Mandatory Language in All Subsequent Deeds, Leases and Contracts. <br /> All deeds, leases or contracts made or entered into by Borrower, its successors or <br /> assigns. as to any portion of the Property or the Project shall contain therein the <br /> following language: <br /> (a) In Deeds: <br /> "Grantee herein covenants by and for itself. its successors and assigns that <br /> there shall be no discrimination against or segregation of any person or any <br /> group of persons on account of any basis listed in subdivision (a) or (d) of <br /> Section 12955 of the Government Code, as those bases are defined in Sections <br /> 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section <br /> 12955, and Section 12955.2 of the Government Code in the sale, lease, <br /> 1582106.1 <br />
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