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Agmt21 ROEM Project at 353 Main
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Agmt21 ROEM Project at 353 Main
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Last modified
12/3/2021 11:37:01 AM
Creation date
12/3/2021 11:32:49 AM
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Template:
Agreement
Contractor Name
353 Main St.
PROJECT NAME
Loan Agreement
RMP File Number
304
Date
7/13/2021
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(12) The Developer has paid or will repay within five (5) business days <br />of the first disbursement made hereunder not less than Three Million Five Hundred Thousand <br />Dollars ($3,500,000) of the Housing Endowment and regional Trust (HEART) portion of the <br />County Loan; <br />(13) The City has received a written draw request from the Developer, <br />including certification that the condition set forth in Section 3.6(b)(1) continues to be satisfied, <br />and setting forth the proposed uses of funds consistent with the Financing Plan as required under <br />Section 2.4, the amount of funds needed, and, where applicable, a copy of the bill or invoice <br />covering a cost incurred or to be incurred; and <br />(14) When a disbursement is requested to pay any contractor in <br />connection with the Improvements, the written request must be accompanied by: (i) certification <br />by Developer's architect reasonably acceptable to the City that the work for which disbursement <br />is requested has been completed (although the City reserves the right to inspect the Development <br />and make an independent evaluation); and (ii) lien releases and/or mechanics lien title insurance <br />endorsements reasonably acceptable to the City. <br />(c) The City shall not be obligated to make any disbursements of the <br />Completion Component of the Loan proceeds unless the conditions precedent set forth in Article <br />2 have been satisfied and the following conditions precedent are satisfied: <br />(1) All requirements set forth in Section 3.6(b)(1) have been and <br />continue to be satisfied and there exists no Event of Default nor any act, failure, omission or <br />condition that would constitute a Developer Event of Default under this Agreement; <br />(2) The Developer has received and delivered to the City a copy of a <br />Certificate of Occupancy for the Development; <br />(3) The Developer has satisfied all conditions for the receipt of the <br />completion/conversion installment of the Tax Credit Investor Equity, consistent with Developer's <br />Partnership Agreement; <br />(4) The City has received a draft of the Final Cost Certification for the <br />Development from Developer showing all uses and sources; <br />tenant lease; <br />(5) The City has received from Developer and approved a form of <br />(6) The City has received from Developer and approved the <br />Management Plan; <br />(7) The City has received from Developer and approved a copy of the <br />Resident Services Plan for the provision of service to tenants; <br />(8) The City has received from Developer current evidence of the <br />insurance coverage meeting the requirements of Exhibit 1; <br />REV: 06-17-2020 PR <br />1199\09\2727850.8 <br />ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 27 of 143) <br />
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