Common use of Remainder of Page Left Intentionally Blank Clause in Contracts

Remainder of Page Left Intentionally Blank. The parties are entering into this Agreement as of date first set forth above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Xxxx Xxxxxxx Director, Department of Conservation and Development APPROVED AS TO FORM: XXXX XXX XxXXXX XXXXX, County Counsel By: Xxxxxxxx Xxxxxx Deputy County Counsel DEVELOPER: [PARTNERSHIP], a California limited partnership By: [Pacific West Communities Inc., an Idaho corporation, its general partner] By: Xxxxx Xxxxx, President and CEO EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The real property located in the unincorporated area of the County of Contra Costa, State of California, described as follows: EXHIBIT B CONCEPTUAL SITE PLAN EXHIBIT C FINANCING PLAN EXHIBIT D SCHEDULE OF PERFORMANCE EXHIBIT E MITIGATION REQUIREMENTS TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS AND EXHIBITS 3 Section 1.1 Master Development Agreement 3 Section 1.2 Definitions 3 Section 1.3 Exhibits 9 ARTICLE 2 DISPOSITION OF PROPERTY 10 Section 2.1 Purchase Price. 10 Section 2.2 Opening Escrow 10 Section 2.3 Close of Escrow 10 Section 2.4 Condition of Title 12 Section 2.5 Condition of Property. 12 Section 2.6 Costs of Escrow and Closing. 15 ARTICLE 3 LOAN PROVISIONS 16 Section 3.1 Loan 16 Section 3.2 Interest 16 Section 3.3 Security 16 Section 3.4 Subordination 16 Section 3.5 Repayment Schedule 17 Section 3.6 Reports and Accounting of Residual Receipts 18 Section 3.7 Non-Recourse 18 ARTICLE 4 PREDEVELOPMENT OBLIGATIONS 19 Section 4.1 Predevelopment Obligations 19 Section 4.2 Right of Entry 19 Section 4.3 Design Development Documents 20 Section 4.4 Land Use Approvals 21 Section 4.5 Development Budget 21 Section 4.6 Construction Plans 22

Appears in 1 contract

Samples: Development, and Loan Agreement

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Remainder of Page Left Intentionally Blank. The parties are entering into signing this Agreement as of the date first set forth aboveabove written. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Xxxx Xxxxxxx Director, Department of Conservation and Development Its: APPROVED AS TO FORM: XXXX XXX XxXXXX XXXXX, XXXXXX X. XXXXXXXX County Counsel By: Xxxxxxxx Xxxxxx Deputy County Counsel DEVELOPERBORROWER: [PARTNERSHIP]Church Lane - Rubicon Partners, a California limited partnership By: [Pacific West Communities Inc.RCD GP LLC, an Idaho its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its general partner] sole member/manager By:_ Name: Xxxxx Xxxxx, President and CEO Its: EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The real property located land is situated in the unincorporated area State of the California, County of Contra Costa, State of California, and is described as follows: EXHIBIT B CONCEPTUAL SITE PLAN EXHIBIT C FINANCING PLAN EXHIBIT D SCHEDULE OF PERFORMANCE EXHIBIT E MITIGATION REQUIREMENTS APPROVED BUDGET TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS AND EXHIBITS 3 Section 1.1 Master Development Agreement Definitions. 3 Section 1.2 Definitions 3 Section 1.3 Exhibits 9 8 ARTICLE 2 DISPOSITION OF PROPERTY 10 LOAN PROVISIONS 9 Section 2.1 Purchase Price. 10 Loan 9 Section 2.2 Opening Escrow 10 Interest 9 Section 2.3 Close Use of Escrow 10 Loan Funds 9 Section 2.4 Condition Security 9 Section 2.5 Conditions Precedent to Disbursement of Title New CDBG Loan 9 Section 2.6 Conditions Precedent to Disbursement of Retention 11 Section 2.7 Repayment Schedule 12 Section 2.5 Condition of Property. 12 Section 2.6 Costs of Escrow and Closing. 15 ARTICLE 3 LOAN PROVISIONS 16 Section 3.1 Loan 16 Section 3.2 Interest 16 Section 3.3 Security 16 Section 3.4 Subordination 16 Section 3.5 Repayment Schedule 17 Section 3.6 2.8 Reports and Accounting of Residual Receipts 18 12 Section 3.7 2.9 Non-Recourse 13 ARTICLE 3 CONSTRUCTION OF THE DEVELOPMENT 13 Section 3.1 Permits and Approvals 13 Section 3.2 Bid Package 13 Section 3.3 Construction Contract 14 Section 3.4 Commencement of Construction 14 Section 3.5 Completion of Construction 14 Section 3.6 Changes; Construction Pursuant to Plans and Laws 14 Section 3.7 Prevailing Wages. 15 Section 3.8 Accessibility 16 Section 3.9 Intentionally Omitted 16 Section 3.10 Equal Opportunity 16 Section 3.11 Minority and Women-Owned Contractors 16 Section 3.12 Progress Reports 17 Section 3.13 Construction Responsibilities 17 Section 3.14 Mechanics Liens, Stop Notices, and Notices of Completion 17 Section 3.15 Inspections 18 Section 3.16 Approved Budget; Revisions to Budget 18 Section 3.17 Developer Fee 18 Section 3.18 Intentionally Omitted. 18 Section 3.19 NEPA Mitigation Requirements 18 ARTICLE 4 PREDEVELOPMENT OBLIGATIONS LOAN REQUIREMENTS 18 Section 4.1 Intentionally Omitted 18 Section 4.2 Financial Accountings and Post-Completion Audits 18 Section 4.3 Annual Operating Budget 18 Section 4.4 Information 19 Section 4.1 Predevelopment Obligations 4.5 Records 19 TABLE OF CONTENTS (continued) Page Section 4.2 4.6 County Audits 20 Section 4.7 HOME and CDBG Requirements 21 Section 4.8 Hazardous Materials 25 Section 4.9 Maintenance and Damage 27 Section 4.10 Fees and Taxes 27 Section 4.11 Notice of Litigation 28 Section 4.12 Operation of Development as Affordable Housing 28 Section 4.13 Nondiscrimination 28 Section 4.14 Transfer 28 Section 4.15 Insurance Requirements 29 Section 4.16 Anti-Lobbying Certification. 30 Section 4.17 Intentionally Deleted 31 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER 31 Section 5.1 Representations and Warranties 31 ARTICLE 6 DEFAULT AND REMEDIES 33 Section 6.1 Events of Default 33 Section 6.2 Remedies 34 Section 6.3 Right of Entry 19 Contest 35 Section 4.3 Design Development Documents 20 6.4 Remedies Cumulative 35 ARTICLE 7 GENERAL PROVISIONS 36 Section 4.4 Land Use Approvals 21 7.1 Relationship of Parties 36 Section 4.5 Development 7.2 No Claims 36 Section 7.3 Amendments 36 Section 7.4 Indemnification 36 Section 7.5 Non-Liability of County Officials, Employees and Agents 37 Section 7.6 No Third Party Beneficiaries 37 Section 7.7 Discretion Retained By County 37 Section 7.8 Conflict of Interest 37 Section 7.9 Notices, Demands and Communications 38 Section 7.10 Applicable Law 38 Section 7.11 Parties Bound 38 Section 7.12 Attorneys' Fees 38 Section 7.13 Severability 38 Section 7.14 Force Majeure 39 Section 7.15 County Approval 39 Section 7.16 Waivers. 39 Section 7.17 Title of Parts and Sections 39 Section 7.18 Entire Understanding of the Parties 39 Section 7.19 Multiple Originals; Counterpart 39 EXHIBIT A Legal Description of the Property EXHIBIT B Approved Budget 21 Section 4.6 Construction Plans 22TABLE OF CONTENTS (continued) Page AMENDED AND RESTATED CDBG AND HOME LOAN AGREEMENT Between COUNTY OF CONTRA COSTA and CHURCH LANE-RUBICON PARTNERS Church Lane Apartments

Appears in 1 contract

Samples: CDBG and Home Loan Agreement

Remainder of Page Left Intentionally Blank. The parties are entering into this Agreement as of the last date first set forth abovebelow. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Xxxx Xxxxxxx Director, Department of Conservation and Development APPROVED AS TO FORM: XXXX XXX XxXXXX XXXXX, XXXXXX X. XXXXXXXX County Counsel By: Xxxxxxxx Xxxxxx Deputy County Counsel DEVELOPERBORROWER: [PARTNERSHIP]SAN PABLO PRESERVATION, L.P., a California limited partnership By: [Pacific West Communities Inc.RCD GP LLC, an Idaho a California limited liability company, its general partner By: Resources for Community Development, a California nonprofit public benefit corporation, its general partner] sole member/manager By: :_ Xxxxxx Xxxxxxxx, Executive Director Signature page 00 Xxxxxx Xxxx xxx Xxxxx Xxxxx, President and CEO Xxxxxxxxxx Xxxxxx Loan Agreement EXHIBIT A A-1 LEGAL DESCRIPTION OF THE CHRUCH LANE PROPERTY The real property located land is situated in the unincorporated area State of the California, County of Contra Costa, and is described as follows: EXHIBIT A-2 LEGAL DESCRIPTION OF THE IDAHO APARTMENTS PROPERTY The land is situated in the State of California, County of Contra Costa, and is described as follows: EXHIBIT B CONCEPTUAL SITE PLAN EXHIBIT C FINANCING PLAN EXHIBIT D SCHEDULE OF PERFORMANCE EXHIBIT E MITIGATION REQUIREMENTS APPROVED DEVELOPMENT BUDGET TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS AND EXHIBITS 3 2 Section 1.1 Master Development Agreement 3 Definitions 2 Section 1.2 Definitions 3 Section 1.3 Exhibits 9 12 ARTICLE 2 DISPOSITION OF PROPERTY 10 LOAN PROVISIONS 12 Section 2.1 Purchase Price. 10 Section 2.2 Opening Escrow 10 Section 2.3 Close Overview of Escrow 10 Section 2.4 Condition of Title 12 Section 2.5 Condition of PropertyOriginal Development Loans. 12 Section 2.6 Costs of Escrow and Closing. 2.2 Combined County Loan 14 Section 2.3 New County Loan Documents 15 ARTICLE 3 LOAN PROVISIONS Section 2.4 Interest on Loans 16 Section 3.1 Loan 16 Section 3.2 Interest 16 Section 3.3 2.5 Security 16 Section 3.4 2.6 Subordination 16 Section 3.5 2.7 Conditions Precedent to Closing 17 Section 2.8 Conditions Precedent to Permanent Conversion 19 Section 2.9 Repayment Schedule 17 20 Section 3.6 2.10 Reports and Accounting of Residual Receipts 18 Receipts. 20 Section 3.7 2.11 Non-Recourse 18 21 ARTICLE 4 PREDEVELOPMENT OBLIGATIONS 19 3 REHABILITATION OF THE DEVELOPMENT 21 Section 4.1 Predevelopment Obligations 19 Section 4.2 Right of Entry 19 Section 4.3 Design Development Documents 20 Section 4.4 Land Use 3.1 Permits and Approvals 21 Section 3.2 Commencement of Construction 22 Section 3.3 Completion of Construction 22 Section 3.4 Pursuant to Plans and Laws 22 Section 3.5 Progress Reports 22 Section 3.6 Construction Responsibilities 22 Section 3.7 Mechanics Liens, Stop Notices, and Notices of Completion 23 Section 3.8 Inspections 23 Section 3.9 Relocation 23 Section 3.10 Approved Development Budget; Revisions to Budget 24 Section 3.11 Developer Fee 24 Section 3.12 Partnership/Asset Fee 24 ARTICLE 4 LOAN REQUIREMENTS 25 Section 4.1 Reserve Accounts 25 Section 4.2 Financial Accountings and Post-Completion Audits 25 Section 4.3 Approval of Annual Operating Budget 25 Section 4.4 Information 26 Section 4.5 County Audits 26 Section 4.6 Hazardous Materials 26 Section 4.7 Maintenance; Damage and Destruction 28 Section 4.8 Fees and Taxes 29 Section 4.9 Notice of Litigation 29 Section 4.10 Operation of Development as Affordable Housing 30 Section 4.11 Nondiscrimination 30 Section 4.12 Transfer 30 Section 4.13 Insurance Requirements 31 i TABLE OF CONTENTS (continued) Page Section 4.14 Covenants Regarding Approved Financing and Partnership Agreement 32 ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF BORROWER 33 Section 5.1 Representations and Warranties 33 ARTICLE 6 DEFAULT AND REMEDIES 35 Section 6.1 Events of Default 35 Section 6.2 Remedies 37 Section 6.3 Right of Contest 37 Section 6.4 Remedies Cumulative 37 Section 6.5 Notice and Cure Rights of Limited Partner 38 ARTICLE 7 GENERAL PROVISIONS 38 Section 7.1 Relationship of Parties 38 Section 7.2 No Claims 38 Section 7.3 Amendments 38 Section 7.4 Indemnification 39 Section 7.5 Non-Liability of County Officials, Employees and Agents 39 Section 7.6 Third Party Beneficiaries 39 Section 7.7 Discretion Retained By County 39 Section 7.8 Conflict of Interest 39 Section 7.9 Notices, Demands and Communications 40 Section 7.10 Applicable Law 40 Section 7.11 Parties Bound 41 Section 7.12 Attorneys' Fees 41 Section 7.13 Severability 41 Section 7.14 Force Majeure 41 Section 7.15 County Approval 41 Section 7.16 Waivers. 41 Section 7.17 Title of Parts and Sections 42 Section 7.18 Entire Understanding of the Parties 42 Section 7.19 Multiple Originals; Counterpart 42 EXHIBIT A-1: Legal Description of the Church Lane Property EXHIBIT A-2: Legal Description of the Idaho Apartments Property EXHIBIT B Approved Development Budget 21 Section 4.6 Construction Plans 22DEVELOPMENT LOAN AGREEMENT Between COUNTY OF CONTRA COSTA And SAN PABLO PRESERVATION, L.P. CHURCH LANE AND IDAHO APARTMENTS

Appears in 1 contract

Samples: Development Loan Agreement

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Remainder of Page Left Intentionally Blank. The parties are entering into this Agreement as of date first set forth above. COUNTY: COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Xxxx Xxxxxxx Director, Department of Conservation and Development APPROVED AS TO FORM: XXXX XXX XxXXXX XXXXX, XXXXXX XXXXX County Counsel By: Xxxxxxxx Xxxxxx Deputy County Counsel DEVELOPER: [PARTNERSHIP], a California limited partnership By: [Pacific West Communities Inc., an Idaho corporation, its general partner] corporation By: Xxxxx Xxxxx, President and CEO EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The real property located in the unincorporated area of the County of Contra Costa, State of California, described as follows: EXHIBIT B CONCEPTUAL SITE PLAN EXHIBIT C MASTER FINANCING PLAN EXHIBIT D MASTER SCHEDULE OF PERFORMANCE EXHIBIT E MITIGATION REQUIREMENTS EXHIBIT F FORM DDLA TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS AND EXHIBITS 3 Section 1.1 Master Development Agreement Definitions 3 Section 1.2 Definitions 3 Section 1.3 Exhibits 9 8 ARTICLE 2 DISPOSITION OF PROPERTY 10 8 Section 2.1 Purchase Price. 10 Developer Deposit 8 Section 2.2 Opening Escrow 10 Section 2.3 Close Transfer of Escrow 10 Section 2.4 Condition of Title 12 Section 2.5 Condition of Property. 12 Section 2.6 Costs of Escrow and Closing. 15 Property 8 ARTICLE 3 LOAN PROVISIONS 16 PREDEVELOPMENT OBLIGATIONS 8 Section 3.1 Loan 16 Predevelopment Obligations 8 Section 3.2 Interest 16 Section 3.3 Security 16 Section 3.4 Subordination 16 Section 3.5 Repayment Schedule 17 Section 3.6 Reports and Accounting of Residual Receipts 18 Section 3.7 Non-Recourse 18 ARTICLE 4 PREDEVELOPMENT OBLIGATIONS 19 Section 4.1 Predevelopment Obligations 19 Section 4.2 Right of Entry 19 9 Section 4.3 3.3 Design Development Documents 20 9 Section 4.4 3.4 Land Use Approvals 21 10 Section 4.5 3.5 Final Maps 10 Section 3.6 Master Development Budget 21 11 Section 4.6 3.7 Construction Plans 2211

Appears in 1 contract

Samples: Master Development Agreement

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