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Agmt05 First Community Housing
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Agmt05 First Community Housing
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Last modified
11/18/2008 11:46:40 AM
Creation date
3/7/2005 10:15:14 AM
Metadata
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Template:
Agreement
Contractor Name
First Community Housing
PROJECT NAME
El Camino - Vera project - Villa Montgomery
RMP File Number
405
Date
2/4/2005
Reso Ref
14624 RD-05-01 RD-05-2 RD 08-01
Box
6589
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<br />c. The Developer shall promptly notify the Agency in <br />writing of any and all changes whatsoever in the identity of the <br />parties either comprising or in control of the Developer, as well <br />as any and all changes in the interest or the degree of control of <br />the Developer by any such party, of which information the Developer <br />or any of its members, officers or shareholders has been notified <br />or may otherwise have knowledge or information. This Agreement may <br />be terminated by the Agency if there is any significant or material <br />change, whether voluntary or involuntary, in membership, ownership, <br />management or control of the Developer (other than such changes <br />occasioned by the death or incapacity of any individual) that has <br />not been approved by the Agency at the time of such change, prior <br />to issuance of a final Certificate of Completion for the Project; <br />provided, however, that: (a) the Agency shall first notify the <br />Developer in writing of its intention to terminate this Agreement <br />pursuant hereto, and (b) the Developer shall have twenty (20) days <br />following the date of receipt of such written notice to commence <br />and thereafter diligently and continuously proceed with the cure of <br />the default of the Developer hereunder, and (c) the Developer shall <br />submit evidence of the satisfactory completion of such cure to the <br />Agency wi thin thirty (30) days following the receipt of such <br />written notice in a form and substance deemed satisfactory to the <br />Agency, in its reasonable discretion. The Agency understands and <br />acknowledges that part of the financing for the development of the <br />Project is expected to be a contribution of equity from a to be <br />determined investor limited partner. The Developer shall notify <br />the Agency of the identity of the limited partner once such limited <br />partner is selected. Admission of an investor limited partner does <br />not require the prior approval of the Agency. <br /> <br />ARTICLE II <br /> <br />DISPOSITION OF PROPERTY <br /> <br />Section 2.01. Disposition of Property. In 0 r d e r to <br />facilitate the development of the Project on the Property, which <br />shall consist of a fifty-eight (58) unit affordable housing <br />complex, the Agency shall convey the Property to the Developer <br />under the terms and conditions of this Agreement. The Agency's <br />sale of the Property to Developer shall be contingent upon the <br />Agency's acquisition of the Property from the City. In the event <br />that the Agency is unable to secure the acquisition of title to the <br />Property under the terms acceptable to the Agency within one (1) <br />year of formal approval of this Agreement by Agency or upon other <br />terms acceptable to the Agency, this Agreement shall become null <br />and void unless extended by mutual written agreement of the parties <br />hereto. <br /> <br />3 <br /> <br />REDW\0006\DOC\001-5 <br />1/27/05 7:00 /mve <br />
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