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RecDoc2003-20130 - Owner Participation Agmt.
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RecDoc2003-20130 - Owner Participation Agmt.
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Agreement
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cancellation at least thirty (30) calendar days prior to the <br />effective date of cancellation. Any and all insurance obtained by <br />the Participating Owner hereunder shall be primary to any and all <br />insurance which the Agency and/or City may otherwise carry, <br />including self insurance, which for all purposes of this Agreement <br />shall be separate and apart from the requirements of this <br />Agreement. Any insurance policies governing the Property as <br />obtained by the Agency shall not be transferred from the Agency to <br />the Participating Owner. Appropriate insurance means those <br />insurance policies approved by the Agency Counsel consistent with <br />the foregoing. Any and all insurance required hereunder shall be <br />maintained and kept in force until the Agency has issued the <br />Certificate of Completion for the Project. <br />Section 9. Certain Sales or voluntary Transfers of <br />the Project. The Participating Owner hereby covenants and agrees <br />not to sell, transfer or otherwise dispose of the Property or the <br />Project located thereon prior to the issuance of a Certificate of <br />Completion for the Project. Following the issuance of a <br />Certificate of Completion for the Project, Participating Owner <br />hereby covenants and agrees that it will not sell, transfer or <br />otherwise dispose of the Property or the Project located thereon <br />without first obtaining from the prospective purchaser a written <br />and signed acknowledgment stating that said purchaser understands <br />and acknowledges the existence of the Affordability Covenants and <br />the Redevelopment Covenants and unambiguously agrees to be bound <br />thereby. Said acknowledgment shall be in a form and of a content <br />reasonably acceptable to the Agency and shall be delivered to the <br />Agency and approved thereby in advance of any such sale. A breach <br />of any covenant contained in this section shall be deemed, at the <br />Agency's sole option, an Event of Default (as defined in section 20 <br />hereof) . <br />Section: 10. Notice of Sales and Tran f rs. In <br />addition to the foregoing, and for the term of this Agreement, the <br />Participating Owner agrees to notify the Agency in writing of any <br />sales or transfers of any portion of the Property or the Project <br />prior to the consummation of such sale and/or transfer, which <br />notice shall contain the name, address and formal description of <br />the entity so acquiring interests in the Project or the Property. <br />A breach of any covenant contained in this section shall be deemed, <br />at the Agency's sole option, an Event of Default. <br />Section 11. Wages and Compliance with State haws. The <br />Participating Owner shall comply with any applicable labor <br />regulations and all other State Laws in connection with the <br />construction of the improvements and the private improvements which <br />comprise the Project. Specifically, and without limiting the scope <br />of the foregoing sentence, the Participating Owner agrees that it <br />A <br />III1111 �ea':,e061 <br />�"°. <br />
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