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80A - JT PH VISTA DEL RIO HOUSING
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80A - JT PH VISTA DEL RIO HOUSING
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Last modified
1/3/2012 4:17:53 PM
Creation date
7/15/2009 1:12:42 PM
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City Clerk
Doc Type
Agenda Packet
Item #
80A
Date
7/20/2009
Destruction Year
2014
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1.3 References and Other Terms. Any reference to this Agreement or any Loan <br />Document shall include such document both as originally executed and as it may from time to <br />time be modified. References herein to Articles, Sections and Exhibits shall be construed as <br />references to this Agreement unless a different document is named. References to subparagraphs <br />shall be construed as references to the same Section in which the reference appears. The term <br />"document" is used in its broadest sense and encompasses agreements, certificates, opinions, <br />consents, instruments and other written material of every kind. The terms "including" and <br />"include" mean "including (include) without limitation." <br />1.4 Exhibits Incorporated. All attachments and exhibits to this Agreement, <br />as now existing and as the same may from time to time be modified, are incorporated herein by <br />this reference. <br />2. [RESERVED] <br />SCOPE OF WORK/ PROJECT BUDGET <br />A "Scope of Work" for the Property is attached hereto as Exhibit E. Any material change <br />to the Scope of Work requested by the Vista Del Rio shall be subject to the prior written <br />approval of the Executive Director. <br />A line-item budget for the Project, including a summary statement of sources and uses of <br />funds, is incorporated into Exhibit E (the "Project Budget"). Any material change to the Project <br />Budget requested by Vista Del Rio shall be subject to the prior written approval of the Executive <br />Director. <br />4. COMPLIANCE WITH REHABILITATION ACT <br />The design and Construction of the Project shall at all times comply with Section 504. <br />5. CITY LOAN: <br />A. Amount and Purpose. Subject to the terms and conditions of this Agreement, City <br />agrees to make a loan of HOME funds to Vista Del Rio in the principal amount of up to FIVE <br />HUNDRED THOUSAND DOLLARS ($500,000.00) (the "City Loan") for the acquisition and <br />Construction of the Property. <br />B. City/HOME Note and Deed of Trust The City/HOME Loan shall be evidenced <br />by the City/HOME Loan Note in the form attached hereto as Exhibit C. The City Loan shall be <br />secured by the City/HOME Loan Deed of Trust in the form attached hereto as Exhibit B. The <br />City/HOME Deed of Trust shall be a deed of trust encumbering the Property, subordinate to the <br />Senior Loan(s) and the Agency Deed of Trust securing the Agency Loan made to Vista Del Rio. <br />C. City/HOME Loan Terms The terms and conditions of the City/HOME Loan are <br />as set forth in the City/HOME Loan Note which is a residual receipts note. The City/HOME <br />8 <br />80A-84 <br />
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