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STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT "HCD" - (SANTA ANA ARTS COLLECTIVE, L.P. & META HOUSING PROJECT) (2)
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STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT "HCD" - (SANTA ANA ARTS COLLECTIVE, L.P. & META HOUSING PROJECT) (2)
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Last modified
9/20/2017 3:40:43 PM
Creation date
9/19/2017 12:11:38 PM
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Company Name
STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT "HCD"
Contract #
A-2017-179
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
7/5/2017
Expiration Date
7/5/2020
Destruction Year
0
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b. Construction; Use. (i) Recipient's failure to remedy any material <br />deviation in the work of construction from the Scope of Work that <br />occurred without the Department's approval or defective <br />workmanship or materials in constructing the Work, in each case to <br />the Department's satisfaction, within ten (10) days of the <br />Department's written demand to do so; (ii) the cessation of <br />construction of the Work prior to completion for a continuous period <br />of more than fifteen (15) days (unless caused by war, rebellion, <br />insurrection, strike, lockout, boycott or act of God, or other event <br />beyond the Recipient's control as determined in the sole discretion <br />of the Department); (iii) the prohibition, enjoining or delay (in any <br />manner) of the construction of, or the prohibition or enjoining (in any <br />manner) of the leasing or sale of any unit in the Housing <br />Development in accordance with the Grant Documents for a <br />continuous period of more than thirty (30) days; or (iv) the curtailment <br />in availability to the Work for a continuous period of more than thirty <br />(30) days of utilities or other public services necessary for <br />construction or the full occupancy or utilization of the Work. <br />C. Performance of Obligations. Recipient's default and failure to cure <br />such default in a timely manner under any other Grant Documents or <br />other construction lender loan documents, Recipient's default under <br />any ground lease or sale of the Housing Development, or Recipient's <br />failure to perform its obligations under this Agreement. <br />Representations and Warranties. (i) Any of Recipient's <br />representations or warranties in any of the Grant Documents or any <br />statements, certificates or schedules furnished by Recipient to the <br />Department, shall prove to have been untrue in any material respect <br />when made or the Recipient shall have concealed any material fact <br />from the Department, (ii) any of the Recipient's representations or <br />warranties in any of the Grant Documents or any statement, <br />certificates or schedules furnished by Recipient to the Department, <br />other than representations, warranties, statements and certificates <br />as to the financial condition of Recipient or any other person, shall <br />cease to be true and shall remain untrue for thirty (30) days after <br />notice of such change to Recipient by the Department, or (iii) any <br />material adverse change in the financial condition of Recipient from <br />the financial condition represented to the Department as of the date <br />of this Agreement which alters or affects the Scope of Work. <br />e. Voluntary Bankruptcy Insolvency Dissolution. Recipient's or any <br />general partner of Recipient's (i) filing of a petition for relief under any <br />state or federal law regarding bankruptcy, reorganization or other <br />16-AHSC-11200 <br />NOFA 02/29/16 Page 13 of 36 <br />Rev: 03/16/17 <br />Proect: Santa Ana Arts Collective <br />P,,;,.., Date: MOB/17 <br />
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