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10B Action 2012 0117
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10B Action 2012 0117
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1/20/2012 5:54:50 PM
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1/10/2012 5:11:24 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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_CC Agenda 2012 0117 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-006
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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to pay any contested liabilities, and (c) on final determination of the proceeding or <br />contest, Owner immediately pays or discharges any decision or judgment rendered <br />against it, together with all costs, charges and interest. Nothing in this Section 6.6 is <br />intended to prohibit Owner from applying for any exemption from property taxes and <br />fees that may be available to the owners of low- income housing. <br />6.7 Insurance Coverage Throughout the term of this Agreement Owner shall <br />comply with the insurance requirements set forth in Exhibit B , and shall, at Owner's <br />expense, maintain in full force and effect insurance coverage as specified in Exhibit B . <br />6.8 Property Damage or Destruction If any part of the Project is damaged or <br />destroyed, Owner shall repair or restore the same, consistent with the occupancy and <br />rent restriction requirements set forth in this Agreement. Such work shall be <br />commenced as soon as reasonably practicable after the damage or loss occurs and <br />shall be completed within one year thereafter or as soon as reasonably practicable, <br />provided that insurance proceeds are available to be applied to such repairs or <br />restoration within such period and the repair or restoration is financially feasible. During <br />such time that lenders or low- income housing tax credit investors providing financing <br />for the Project impose requirements that differ from the requirements of this Section <br />the requirements of such lenders and investors shall prevail. <br />7. Recordation; Subordination This Agreement shall be recorded in the Official <br />Records of Alameda County. Owner hereby represents, warrants and covenants that with <br />the exception of easements of record, absent the written consent of City, this Agreement <br />shall not be subordinated in priority to any lien (other than those pertaining to taxes or <br />assessments), encumbrance, or other interest in the Property or the Project. If at the time <br />this Agreement is recorded, any interest, lien, or encumbrance has been recorded <br />against the Project in position superior to this Agreement, upon the request of City, <br />Owner hereby covenants and agrees to promptly undertake all action necessary to clear <br />such matter from title or to subordinate such interest to this Agreement consistent with <br />the intent of and in accordance with this Section 7 , and to provide such evidence thereof <br />as City may reasonably request. Notwithstanding the foregoing, the City agrees that it <br />will not withhold consent to reasonable requests for subordination of this Agreement to <br />deeds of trust provided for the benefit of lenders identified in the Financing Plan <br />approved in connection with the Loan Agreement, provided that the instruments <br />effecting such subordination include reasonable protections to the City in the event of <br />default , including without limitation, extended notice and cure rights. <br />8. Transfer and Encumbrance <br />8.1 Restrictions on Transfer and Encumbrance During the term of this <br />Agreement, except as permitted pursuant to the Loan Agreement or this Agreement, <br />Owner shall not directly or indirectly, voluntarily, involuntarily or by operation of law <br />make or attempt any total or partial sale, transfer, conveyance, assignment or lease <br />(collectively, "Transfer ") of the whole or any part of the Property, the Project, or the <br />improvements located on the Property, without the prior written consent of the City, <br />1753724.3 13 <br />
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