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Agmt09 CHDO
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Agmt09 CHDO
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Last modified
2/17/2009 1:34:13 PM
Creation date
2/17/2009 1:34:12 PM
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Template:
Agreement
Contractor Name
Cedar Street Apartments, INC CHDO
PROJECT NAME
CHDO Home Set-A-Side Funds FY 2008-2009
RMP File Number
304
Date
2/12/2009
MO Ref
MO 09-024
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<br />B. REVERSION OF ASSETS <br /> <br />If CHDO elects to sell the property or discontinue the affordable housing program <br />and not perform the conditions of their agreement. Contractor shall pay to the City the <br />sum of Two Hundred, Thirty Nine Thousand, Seven Hundred Forty Four and <br />68 /100 Dollars plus any additional sums due to the City or Redevelopment Agency <br />pursuant to the Owner Participation Agreement and Declaration of Affordable Housing <br />Covenants recorded for this development. <br /> <br />C. USE <br /> <br />CHDO shall use 7 HOME-assisted units in the Property exclusively for supportive <br />housing for individuals with mental health disabilities for a period of not less than 15 <br />years. If CHDO discontinues the above-stated use at the subject Property, or uses the <br />Property or any portion thereof, for purposes other than what has been described in this <br />Paragraph without first obtaining the prior written consent of the City, CHDO shall be in <br />default of this Agreement and agrees to pay the City, upon demand, the full amount of <br />HOME funds provided to assist in the rehabilitation of this property, provided however, <br />that CHDO shall have Thirty (30) Days to cure the default after receipt of a Notice of <br />default is provided in writing by City and Agency. The restrictions imposed upon the <br />Property (as set forth in Section A5, above) shall remain in full force and effect for the <br />term of fifty-five (55) years. <br /> <br />CHDO warrants to City that it will use and account for all funds provided <br />hereunder strictly in accordance with standards governing the use of, and accountability <br />for, funds held and disbursed in trust. CHDO's program funded hereunder shall <br />conform to the highest standards providing for programs of similar or like nature in the <br />San Francisco Bay Area, and in conformance with Building Codes and Regulations. <br />CHDO shall be responsible for, and hold City harmless from, any failure to adhere to <br />such standards. CHDO shall verify that all activities funded hereunder benefit only <br />residents within City's corporate limits. <br /> <br />E. NONPROFIT STATUS OF CONTRACTOR <br /> <br />CHDO agrees to maintain its status as a nonprofit corporation and that its failure <br />to do so shall be grounds for termination of this Agreement, and acceleration of the <br />Note. <br /> <br />F. FORM OF SUBSIDY <br /> <br />Financial assistance provided hereunder shall be in the form of a grant. The <br />term of the grant shall be $239,744.68 with services hereunder provided to low income <br />mental health disabled individuals for a period no less than fifty-five (55) years. Funds <br /> <br />ATTY/AGR/2009.001 <br />020409 <br /> <br />13 <br />
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