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AgdaPkt 2003-12-15
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AgdaPkt 2003-12-15
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Last modified
6/2/2011 1:46:24 PM
Creation date
12/11/2003 4:13:05 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
12/15/2003
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2 <br />&.0 -15 <br />Covenants, the Note or the Deed of Trust and after notice of such <br />breach as set forth herein, and a failure to cure or commence <br />curative or mitigating actions (if such cure reasonably requires in <br />excess of the applicable cure period), the Public Assistance shall <br />be deemed to have accrued interest at a rate of eight percent (80) <br />per annum from the date (i) that it was disbursed, or (ii) the date <br />the Agency issues the Certificate of Completion, as pro•rided in <br />Section 18 below, at the sole option of the Agency, and may, at the <br />Agency's sole option, be accelerated so as to be payable in full <br />upon demand. If the Public Assistance is disbursed in increments, <br />the Public Assistance will bear interest from the date of each <br />advance, if the Agency so elects. <br />e. The City's and Agency's duty to provide the Public <br />Assistance to the Participating Owner, and to disburse the proceeds <br />of the Public Assistance as more fully set forth in Section 4 <br />hereof, shall be expressly subject to the following conditions <br />precedent: <br />(1) The Participating Owner shall have submitted to <br />the City and the Agency evidence reasonably satisfactory to the <br />City and the Agency that the Participating Owner has obtained (i) <br />the proceeds from the sale of the Tax Credits and, CSDA Loan <br />Proceeds in an amount sufficient to purchase and develop the <br />Property and (ii) any commitments for assistance with operating <br />deficits as might be necessary to make the Project economically <br />viable, all as may be necessary for the completion of the Project <br />on the Property in accordance with this Agreement. <br />(2) The City Manager of the City and /or Executive <br />Director of the Agency shall approve or disapprove such evidence <br />and /or documents in writing within fifteen (15) business days of <br />receipt by the City and Agency of the documents and information <br />required hereunder. If the documents or commitments are not <br />approved or disapproved within said 15 days, the Participating <br />Owner may give written notice, in accordance with section 15 <br />hereof, that approval will be deemed to be given within seven (7) <br />days after receipt of such notice. If the City and Agency fail to <br />disapprove such documents or commitments in writing within the <br />seven (7) day period, they will be deemed to be approved. The <br />notice given by the Participating Owner must specify the documents <br />or commitments in question and must inform the City and the Agency <br />that approval will be deemed to have been given within seven (7) <br />days if not sooner disapproved. <br />11 <br />
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