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AgdaPkt 2021.02.08 Joint SA PFA
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AgdaPkt 2021.02.08 Joint SA PFA
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Last modified
2/11/2021 4:35:44 PM
Creation date
2/4/2021 4:26:17 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
2/8/2021
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6.B. - Page 29 of 113 <br />attributable to the curing of the default or breach and such sum shall constitute a part of the <br />indebtedness secured by the Deed of Trust. <br />9.7 Holder to be Notified. Developer agrees to cooperate with the City in good faith to <br />ensure that each term contained herein dealing with security financing and rights of holders shall <br />be either inserted into the relevant deed of trust or mortgage or acknowledged and accepted in <br />writing by the holder prior to its creating any security right or interest in the Property or the <br />Improvements. <br />9.8 Modifications to Agreement. City shall not unreasonably withhold its consent to <br />modifications of this Agreement requested by Project lenders or investors provided such <br />modifications do not alter City's substantive rights and obligations under this Agreement. <br />(ii) Estoppel Certificates. Either Party shall, at any time, and from time to time, within <br />fifteen (15) days after receipt of written request from the other Party, execute and deliver <br />to such Parry a written statement certifying that, to the knowledge of the certifying Parry: <br />(i) this Agreement is in full force and effect and a binding obligation of the Parties (if such <br />be the case),this Agreement has not been amended or modified, or if so amended, <br />identifying the amendments, and (iii) the requesting Party is not in default in the <br />performance of its obligations under this Agreement, or if in default, describing the nature <br />of any such defaults. <br />ARTICLEX <br />DEFAULTS, REMEDIES AND TERMINATION <br />I0.1 Event of Developer Default. The following events shall constitute an event of <br />default on the part of Developer hereunder ("Event of Developer Default"): <br />(a) Developer fails to commence or complete construction of the <br />Proi ect within the time period set forth in Section 5. 1, or subj ect to Force Maj eure, <br />abandons or suspends construction work on the Project prior to completion for a <br />period of thirty (30) days or more; <br />(b) A Transfer occurs, either voluntarily or involuntarily, in violation <br />of Article V1111- <br />(c) <br />III; <br />(c) Developer fails to maintain insurance as required pursuant to this <br />Agreement, and Developer fails to cure such default within five (5) days; <br />(d) Developer fails to pay prior to delinquency taxes or assessments due <br />on the Property or the Improvements owed by Developer, or fails to pay when due <br />any other charge that may result in a lien on the Property or the Improvements, and <br />Developer fails to cure such default within twenty (20) days of the date of <br />delinquency, but in all events prior to the date upon which the holder of any such <br />lien has the right to foreclose thereon; <br />REV: 01-22-21 PR <br />42 <br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 25 of 109) <br />
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