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Inst 2017141888
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Inst 2017141888
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7/24/2017 2:06:59 PM
Creation date
7/24/2017 2:06:50 PM
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CM City Clerk-City Council
Document Date (6)
7/24/2017
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
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PERM
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6.7 Insurance Coverage. Prior to issuance of building permits for the Project, and <br />continuing throughout the term of this Agreement Owner shall comply with the insurance <br />requirements set forth in Article 11 of the Loan Agreement and shall, at Owner's expense, maintain <br />in full force and effect insurance coverage as specified in the Loan Agreement; provided <br />however, during such time that lenders or low-income housing tax credit investors providing <br />financing for the Project impose insurance requirements that are inconsistent with the <br />requirements set forth in the Loan Agreement, Owner may satisfy the requirements of this <br />Section by meeting the requirements of such lenders or investors. Notwithstanding the <br />foregoing, throughout the term hereof, Owner shall comply with the provisions of the Loan <br />Agreement pertaining to (i) provision to City of proof of insurance for the Project, (ii) naming of <br />City as additional insureds, and (iii) provision to City of notice of cancellation or reduction in <br />coverage. <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 rent <br />restriction requirements set forth in this Agreement. Such work shall be commenced within <br />120 days after the damage or loss occurs and shall be completed within one year thereafter (or <br />such longer time as the City may approve with respect to commencement or completion) <br />provided that insurance proceeds are available to be applied to such repairs or restoration within <br />such period and the repair or restoration is financially feasible. During such time that lenders or <br />low-income housing tax credit investors providing financing for the Project impose <br />requirements that differ from the requirements of this Section the requirements of such lenders <br />and investors shall prevail. <br />7. Recordation,• No Subordination. This Agreement shall be recorded in the Official Records <br />of Alameda County. Owner hereby represents, warrants and covenants that with the exception of <br />the City Documents (as defined in the Loan Agreement) and easements of record, absent the <br />written consent of City, this Agreement shall not be subordinated in priority to any lien (other than <br />those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the <br />Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been <br />recorded 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 such <br />matter from title or to subordinate such interest to this Agreement consistent with the intent of <br />and in accordance with this Section 7, and to provide such evidence thereof as City may <br />reasonably request. City agree that this Agreement may be subordinated to a first deed of trust <br />securing Project construction financing and a first deed of trust securing permanent financing for <br />the Project pursuant to subordination agreements that provide the City with reasonably adequate <br />notice and cure rights and protections consistent with the requirements of California Health and <br />Safety Code Section 33334.14(a)(4). <br />8. Transfer and Encumbrance. <br />8.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement, <br />except as permitted pursuant to the Loan Agreement or this Agreement, Owner shall not directly or <br />indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial <br />sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of the whole or any <br />144\259\1892895.5 9 <br />
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