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EXHIBIT 2 <br /> I <br /> (ii) Certificate of Occupancy Occupangy Issued.Any portion of the construction <br /> work requiring inspection or certification by any Governmental Authority shall have been <br /> inspected and certified as complete. Grantee shall request that the City of Santa Ana Planning + <br /> and Building Agency issue a Certificate of Occupancy,or similar doctunent as applicable, a <br /> copy of which shall be delivered to the City Project Manager,in order for the Final <br /> Disbursement to occur. j <br /> (iii) Lien free. At least one of the following shall have occurred: <br /> (1) Thirty-five(35)days shalt have passed since the recording 3 <br /> of a valid Notice of Completion as required by Section 8.5 for the construction, and no i <br /> mechanic's or materiatman's lien shall be outstanding; or <br /> (2) Ninety-five (95) days shall have passed since acim-d <br /> completion of the construction, and no mechanic's or material xan's lien skull be outstanding, or <br /> Grantee shall have bonded over any such.lien.to City's reasonable satisfaction. <br /> (iv) Grantee shall have provided evidence to the City that the Grantee <br /> has continued to maintain insurance policies and certificates or endorsements acceptable to the ! <br /> City, as described in this Agreement. <br /> I <br /> 4.3 Termination Right <br /> (a) Termination of State HHAP A If, at any time during the term of <br /> this Agreement, any of the State HFJAV Round 1, 2,or 3 Agreements are terminated by the � <br /> Business, Consumer Services and Housing Agency, the City may, at its sole discretion, terminate <br /> this Agreement by giving a minimum 30 days'notice of termination, in writing,to Grantee. <br /> Upon termination of this Agreement,unless otherwise approved in writing by the City, any <br /> -unexpended funds received by the Grantee shall be returned to the City within 30 days of the <br /> City's notice of termination. <br /> (b) Termination for Failure of Condition.If(a)any of the conditions <br /> precedent set forth herein are not timely satisfied within two (2)years of the date of this <br /> Agreement(subject to applicable notice and cure rights), and.(b) City is not in default under this { <br /> Agreement, City may terminate this Agreement without any further liability on its part by giving <br /> written notice of termination to Grantee, Upon the giving of such notice, the City shalt not be <br /> obligated to pay to Grantee the HHAP Grant, any portion thereof, or any other amounts owing <br /> under the Agreement, and Grantee shall be required to return to the City any I*1AP Grant <br /> monies received but not expended on the Proj ect as of the date of the notice of termination. <br /> 4.4 Waiver of Conditions.The conditions set forth pertaining to City's obligation to <br /> make disbursements of the HHAP Grant proceeds are for City's benefit only and the City <br /> Project Manager may waive all or any part of such rights by written notice to Grantee. <br /> 4.5 Manner of Disbursement.City may make any disbursement by check or wire <br /> transfer payable to Grantee. <br /> ! <br /> City Council 16— 18 5/19/2026 <br />