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Agmt10 Cedar Street Apartments, Inc.
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Agmt10 Cedar Street Apartments, Inc.
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Last modified
10/8/2010 1:57:17 PM
Creation date
10/8/2010 1:57:15 PM
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Agreement
Contractor Name
Cedar Street Apartments, Inc.
PROJECT NAME
Community Housing Development Organization (CHDO) Home Setaside Funds
RMP File Number
304
Date
8/25/2010
MO Ref
10-153
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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 Tess than 15 <br /> H discontinues the above - stated use at the subject Property, years. If CHDO � p y, 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 /> 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 /> E. NONPROFIT STATUS OF CONTRACTOR <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 /> F. FORM OF SUBSIDY <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 /> shall be disbursed to Cedar Street Apartments, Inc. as work progresses and such work <br /> is acceptable to the City and upon receipt of approved invoices on City provided forms. <br /> Agency is providing matching funds credit on behalf of CHDO from <br /> Redevelopment Housing Funds for this activity. Agency shall report matching funds to <br /> HUD as required under Section 92.221. <br /> Applicable federal statutes and regulations, as referred to elsewhere herein <br /> govern this Agreement. Any material deviation by CHDO for any reason from the <br /> requirements thereof, or from any other provision of this Agreement, shall constitute a <br /> breach of this Agreement and may be cause for termination at the election of City or <br /> upon the direction of HUD. City may terminate this Agreement for cause after giving <br /> CHDO notice of any breach or default and thirty (30) days to cure said breach or <br /> default, provided however, that in the event such breach or default cannot be cured <br /> within thirty (30) days, CHDO shall have such additional time to cure said default as is <br /> reasonably required provided that CHDO has commenced to cure within the initial thirty <br /> ATTY /AG R/2010.064 13 <br /> 072910 <br />
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