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RecDoc2025-028828 417 Stambaugh Street
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RecDoc2025-028828 417 Stambaugh Street
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6/16/2025 1:05:02 PM
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Recorded Docs
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POL-Recorded documents Doc No. 02 Regulatory Agre
Doc Num
2025-028828
Rec Date
6/6/2025
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consultants and other experts, and all foreseeable and unforeseeable damages or costs of any kind <br />or of any nature whatsoever, directly or indirectly, relating to or arising from any actual or alleged <br />violation of any Environmental Law or Hazardous Substance Discharge. <br />1.1.21 Environmental Law. Any Law regarding any of the following at, in, under, <br />above, or upon the Property: (a) air, environmental, ground water, or soil conditions; or (b) clean- <br />up, remediation, control, disposal, generation, storage, release, discharge, transportation, use of, <br />or liability or standards of conduct concerning, Hazardous Substances. <br />1.1.22 Equity Interest. All or any part of any director indirect equity or ownership <br />interest(s) (whether stock, partnership interest, beneficial interest in a trust, membership interest <br />in a limited liability company, or other interest of an ownership or equity nature) in any entity, at <br />any tier of ownership, that directly or indirectly owns or holds any ownership or equity interest in <br />a Person. <br />1.1.23 Event of Default. The occurrence of any one or more of the following: <br />(a) Reporting Default. If the Owner fails to deliver any Annual Report <br />as and when required in Section 2.8.6 or fails or refuses to allow and cooperate with any City audit <br />of Property Records in accordance with Section 8, each after fifteen (15) calendar days' Notice of <br />such failure; <br />(b) Bankruptcy or Insolvency. Owner admits in writing that it is unable <br />to pay its debts as they become due or becomes subject to any Bankruptcy Proceeding (except an <br />involuntary Bankruptcy Proceeding dismissed within one hundred twenty (120) days after <br />commencement), or a custodian or trustee is appointed to take possession of, or an attachment, <br />execution or other judicial seizure is made with respect to, substantially all of Owner's assets or <br />Owner's interest in this Regulatory Agreement (unless such appointment, attachment, execution, <br />or other seizure was involuntary, and is contested with diligence and continuity and vacated and <br />discharged within one hundred twenty (120) days); <br />(c) Transfer. The occurrence of a Transfer, whether voluntarily or <br />involuntarily or by operation of Law, in violation of the terms and conditions of this Regulatory <br />Agreement or the Loan Agreement; <br />(d) Other Default. Any default, other than those specifically addressed <br />in Section 1.1.1(a), Section 1.1.23(b) or Section 1.1.23(c), that is not cured within thirty (30) days <br />after Notice to the Owner describing the default in reasonable detail, or, in the case of a default <br />that cannot with reasonable diligence be cured within thirty (30) days after the effective date of <br />such Notice, if the Owner does not do all of the following: (a) within thirty (30) days after Notice <br />of such default, advise the City of the intention of the Owner to take all reasonable steps to cure <br />such default; (b) duly commence such cure within such period, and then diligently prosecute such <br />cure to completion; and (c) complete such cure within a reasonable time under the circumstances; <br />or <br />1. 1.24 Existing Tenants. Defined in Section 2.3. <br />1.1.25 Extremely Low Income Households. Extremely Low Income Households <br />shall mean households whose annual incomes do not exceed thirty percent (30%) of the AMI. <br />REV: 05-20-25 LF <br />ATTY/AGR.2025.100.3/HEART-SV (417 Stambaugh - Regulatory Agreement) (Page 5 of 35) <br />
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