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80A - HOUSING AND SUBORDINATION LOANS
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80A - HOUSING AND SUBORDINATION LOANS
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9/12/2019 6:11:12 PM
Creation date
9/12/2019 5:58:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/17/2019
Destruction Year
2024
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EXHIBIT 4 <br />Developer shall pay all reasonable costs incurred for such maintenance. The Agency shall <br />inspect the Property annually after the date of issuance of the Certificate of Completion as <br />described in Article 17 of this Agreement. During the affordability period, the Property must <br />meet all applicable State and local codes. The Property must be free of all health and safety <br />defects during the affordability period. <br />7.6 Obligation to Refrain from Discrimination. Developer covenants and agrees for <br />itself, its successors, its assigns and every successor in interest to the Property or any part <br />thereof, that there shall be no discrimination against or segregation of any person or group of <br />persons on account of race, color, creed, religion, sex, mental or physical disability, marital <br />status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure <br />or enjoyment of the Property nor shall Developer itself or any person claiming under or <br />through him establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use or occupancy of tenants, <br />lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />run with the land and shall remain in effect for the term of this Agreement. <br />8. RESERVED. <br />9. GENERAL PROVISIONS AND WARRANTIES <br />As a material inducement to Agency to enter into this Agreement, Developer <br />represents and warrants as follows: <br />9.1 Formation. Qualification and Compliance. JHC-Cornerstone 11, LLC, the <br />managing general partner of Developer (a) is a limited liability company, validly existing <br />and in good standing under the laws of the State of California, (b) has all requisite <br />authority to conduct its business and own and lease its properties, and (c) is qualified and <br />in good standing in every jurisdiction in which the nature of its business makes <br />qualification necessary or where failure to qualify could have a material adverse effect on <br />its financial condition or the performance of its obligations under the Loan Documents. <br />Developer is in compliance with all laws applicable to its business and has obtained all <br />approvals, licenses, exemptions and other authorizations from, and has accomplished all <br />filings, registrations and qualifications with, any Governmental Authority that are <br />necessary for the transaction of its business. <br />9.2 Execution and Performance of Loan Documents. <br />9.2.1 Developer has all requisite authority to execute and <br />perform its obligations under the Loan Documents. <br />9.2.2 The execution and delivery of Developer of, and the <br />performance by Developer of its obligations under, each Loan Document has been <br />authorized by all necessary action and does not and will not: <br />(a) require any consent or approval not heretofore <br />obtained of any person having any interest in Developer; <br />13 <br />80A-155 <br />
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