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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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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 />the public purposes and provisions of applicable federal, state and <br />local laws and requirements. <br /> <br />Section 1.02. The Redevelopment Plan. The Redevelopment <br />Plan for the Project Area No.2 (the "Redevelopment Plan") was <br />approved and adopted by the City Council of the City by duly <br />adopted Ordinance in accordance with the provisions of the <br />Community Redevelopment Law of the State of California (the <br />"Community Redevelopment Law"). This Agreement shall be subject to <br />the provisions of the Community Redevelopment Law. The Agency <br />represents and warrants that the uses and improvements to be <br />constructed on the Property (the "Project") in accordance with the <br />Scope of Development attached hereto as Exhibit "E" comply with the <br />provisions of the Community Redevelopment Law. <br /> <br />Section 1.03. <br /> <br />Parties to the Aqreement. <br /> <br />a. The Agency is a public body, corporate and politic, <br />exercising governmental functions and powers, and organized and <br />existing under Chapter 2 of the Community Redevelopment Law, Health <br />and Safety Code Section 33000, et seq. The principal office of the <br />Agency is located at 1017 Middlefield Road, Redwood City, <br />California 94063. As used in this Agreement, the term "Agency" <br />shall be deemed to include the Agency and any assignee and/or <br />successor to the Agency or to its rights, powers and <br />responsibilities under this Agreement. <br /> <br />b. The Developer is First Community Housing, a <br />California non-profit public benefit corporation ("FCH"). Within <br />thirty (30) days of the date of this Agreement, the Developer shall <br />provide to the Agency satisfactory evidence of the legal formation <br />and existence of the Developer and the good standing of the <br />Developer with the State of California (the "State") to transact <br />business within the State, to hold title to the Property and to <br />develop the Project, as hereinafter defined. Failure of the <br />Developer, or of the managing general partner of the Developer, <br />upon assignment of this Agreement to a limited partnership, to <br />maintain its status as a non-profit corporation shall be grounds <br />for terminating this Agreement and acceleration of the Note, as <br />defined below. <br /> <br />Section 1.04. <br /> <br />Prohibition Aqainst Chanqe in Ownership, <br />Manaqement and Control of Developer, or <br />Assiqnment of Aqreement. <br /> <br />a. The qualifications and identities of the persons and <br />entities comprising the Developer are of particular concern to the <br />Agency. It is because of these qualifications and identities of <br /> <br />2 <br /> <br />REDW\0006\DOC\001-7 <br />3/29/05 3:15 /rove <br />
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