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RecD05 2005-141296
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RecD05 2005-141296
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Last modified
8/8/2007 5:28:12 PM
Creation date
2/22/2006 10:24:59 AM
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Template:
Recorded Docs
Recorded Docs - Type
Agreement
Subject
amended & restated isposition & development agreem
Doc Num
2005-141296
Rec Date
8/17/2005
Parties
First Community Housing
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<br />When the parties have deposited into the Escrow all <br />documents and funds as required by this Agreement, and all <br />conditions for the Close of Escrow have been satisfied, the Escrow <br />Agent shall promptly file for recordation among the land records in <br />the Office of the County Recorder where the Property is located: <br />(i) the Grant Deed, (ii) the Declaration of Affordability <br />Covenants, (iii) the Deed of Trust, and (iv) this Agreement. If a <br />deed of trust is required in connection with the Public Assistance, <br />the parties agree that it shall be recorded in first position, <br />provided that the Agency has approved the terms thereof in the <br />exercise of its reasonable discretion. The Escrow Agent shall <br />thereafter promptly provide a conformed copy of said recorded <br />documents to both parties, shall promptly deliver to the Developer <br />a title insurance policy in conformity with this Agreement and <br />shall otherwise deliver to the appropriate party any other <br />documents which are required to be delivered. The Escrow Agent <br />shall provide to each party a complete set of copies of all <br />documents received or generated by the Escrow Agent in the Escrow <br />and copies of both closing statements. <br /> <br />Section 2.10. Title Insurance. Concurrently with <br />recordation of the Grant Deed, the Title Company shall provide and <br />deliver to the Developer an ALTA owner's policy of title insurance <br />issued by the Title Company insuring that the title to the Property <br />is as required pursuant to the terms of this Agreement. The title <br />insurance policy shall be in the amount of Three Million One <br />Hundred Sixty Thousand Dollars ($3,160,000). <br /> <br />Section 2.11. Taxes and Assessments. Ad valorem taxes <br />and assessments, if any, on the Property levied, assessed or <br />imposed as to any period prior to conveyance of title through the <br />Escrow, shall be borne by the Agency. <br /> <br />Section 2.12. Land Use and Environmental Approvals. The <br />Developer must obtain any and all necessary land use approvals or <br />changes required for the Project, including, without limitation, <br />general and special plan amendments, conditional use permits <br />required pursuant to applicable zoning ordinances, any and all <br />modifications or variances including, but not limited to, those <br />modifications or variances necessary for height, parking, signs and <br />any and all other matters. The Agency requires that all <br />requirements of the California Environmental Quality Act ("CEQA") <br />and the National Environmental Policy Act ("NEPA") applicable to <br />this Agreement and the Project, shall be met. The Developer shall <br />apply for all necessary environmental permits or clearances <br />applicable to the Project. <br /> <br />Section 2.13. <br /> <br />Condition of the Property. <br /> <br />13 <br /> <br />REDW\0006\DOC\001-7 <br />3/29/05 3:15 /rove <br />
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