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Commercial Rehab - FH Dailey with Deed - Signed
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Commercial Rehab - FH Dailey with Deed - Signed
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8/7/2024 9:08:33 AM
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8/7/2024 9:07:28 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
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(f) Owner's delivery to City of such documentation as City shall reasonably <br />require regarding Owner's organizational status and authority to execute and perform <br />Owner's obligations under the Loan Documents; <br />(g) Owner's delivery to City of all of the following: (a) Project budget; <br />(b) construction estimates; and (c) copies of such other documents related to the <br />development and financing of the Project as City may reasonably request; <br />(h) No material adverse change as determined by City in its reasonable <br />judgment shall have occurred in the condition of the Premises or the Improvements or in <br />the financial or other condition of Owner since the date of this Agreement; and <br />2.4 NO OBLIGATION TO DISBURSE PROCEEDS UPON DEFAULT. <br />Notwithstanding any other provision of this Agreement, the City shall have no obligation to <br />disburse the Loan Proceeds upon the occurrence of an Event of Default under the Loan <br />Documents or if the conditions to disbursement of the Loan set forth in Section 2.3 have not <br />been satisfied within 180 days following the Effective Date, unless an extension of such <br />date is approved by City in writing. <br />ARTICLE III <br />REPRESENTATIONS, WARRANTIES AND COVENANTS <br />3.1 OWNER'S REPRESENTATIONS. Owner represents and warrants to City as <br />follows, and Owner covenants that until the expiration or earlier termination of this <br />Agreement, upon learning of any fact or condition which would cause any of the warranties <br />and representations in this Section 3.1 not to be true, Owner shall immediately give written <br />notice of such fact or condition to City. Owner acknowledges that City shall rely upon <br />Owner's representations made herein notwithstanding any investigation made by or on <br />behalf of City. <br />(a) LEGAL STATUS; AUTHORITY; LEASE. Owner has the full right, power and <br />authority to undertake the Project and to execute, deliver and perform all obligations of <br />Owner under the Loan Documents. Owner's execution, performance and delivery of the <br />Loan Documents has been duly authorized by all requisite actions. The persons executing <br />this Agreement on behalf of Owner have been duly authorized to do so. This Agreement <br />and the other Loan Documents constitute valid and binding obligations of Owner, <br />enforceable in accordance with their respective terms. <br />Owner is the owner in fee of the Property and the Improvements, subject only to <br />liens, encumbrances, easements, restrictions, conditions, and other matters of record or <br />disclosed in writing to City. <br />(b) NO CONFLICT. The execution of the Loan Documents and Owner's <br />performance thereunder do not and will not result in a breach of or constitute a default <br />under any agreement, contract, order, indenture or other instrument to which Owner is a <br />party or by which Owner may be bound. <br />(c) AUTHORIZATION. The Loan Documents and the transactions contemplated <br />thereby have each been duly authorized by Owner, and when executed and delivered will <br />4 <br />
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