Representations, Covenants and Warranties of Grantor. Grantor covenants, represents and warrants the following to the County, as a material inducement to the County to execute this Covenant, which representations and warranties shall survive the execution and delivery of this Covenant and any termination of this Covenant. a. Grantor is duly organized under the laws of the State of Colorado, and is qualified to transact business under the laws of the State. b. To the extent required by law, Grantor is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Program and the Restricted Property. c. Execution of this Covenant and performance thereof is within Grantor’s duly authorized powers. d. Any individual executing this Covenant for Grantor is authorized to do so. e. Grantor is financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to perform its obligations under the Covenant. f. Grantor will have, on the date this Covenant is recorded, good and marketable title to the Restricted Property. g. Grantor shall not discriminate on the basis of race, creed, color, gender, gender identity, age, marital status, national origin, disability or familial status, religion, sexual orientation, genetic information, or any other status protected by applicable federal, state, or local law in the administration and operation of the Program with respect to service delivery or employment of persons for the Program. h. Grantor has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and in any event, the requirements of this Covenant are paramount and controlling as to the rights and obligations herein set forth and supersede any other provisions in conflict herewith. i. If Grantor becomes aware of any situation, event, or condition which would result in noncompliance of the Program or Grantor with Colorado law, Grantor shall promptly give written notice thereof to the County.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Representations, Covenants and Warranties of Grantor. Grantor covenants, represents and warrants the following to the County, as a material inducement to the County to execute this Covenant, which representations and warranties shall survive the execution and delivery of this Covenant and any termination of this Covenant.
a. Grantor is duly organized under the laws of the State of Colorado, and is qualified to transact business under the laws of the State.
b. To the extent required by law, Grantor is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Program Project and the Restricted Property.
c. Execution of this Covenant and performance thereof is within Grantor’s duly authorized powers.
d. Any individual executing this Covenant for Grantor is authorized to do so.
e. Grantor is financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to perform its obligations under the Covenant.
f. Grantor will have, on the date this Covenant is recorded, good and marketable title to the Restricted Propertypremises constituting the Project.
g. Grantor shall not discriminate on the basis of race, creed, color, gender, gender identity, age, marital status, national origin, disability or familial status, religion, sexual orientation, genetic information, or any other status protected by applicable federal, state, or local law in the administration and operation lease, use, or occupancy of the Program Project or in connection with respect to service delivery the employment or application for employment of persons for the Programoperation and management of the Project.
h. Grantor shall not permit the use of any residential rental unit for any purpose other than rental housing.
i. Grantor has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and in any event, the requirements of this Covenant are paramount and controlling as to the rights and obligations herein set forth and supersede any other provisions in conflict herewith.
i. j. If Grantor becomes aware of any situation, event, or condition which would result in noncompliance of the Program Project or Grantor with Colorado law, Grantor shall promptly give written notice thereof to the County.
k. If the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, Grantor will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms hereof.
l. During the term of this Covenant, Grantor shall not evict or terminate the tenancy of an existing tenant of any Low-Income Unit (hereinafter defined) other than for good cause and shall not increase the gross rent above the maximum allowed under this Covenant with respect to such Low-Income Unit.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Representations, Covenants and Warranties of Grantor. Grantor covenants, represents and warrants the following to the CountyBCHA, as a material inducement to the County BCHA to execute this Covenant, which representations and warranties shall survive the execution and delivery of this Covenant and any termination of this Covenant.
a. Grantor is duly organized under the laws political subdivision of the State of Colorado, and is qualified to transact business undertake the Project under the laws of the State.
b. To the extent required by law, Grantor is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over the Program Project and the Restricted Property.
c. Execution of this Covenant and performance thereof is within Grantor’s duly authorized powers.
d. Any individual executing this Covenant for Grantor is authorized to do so.
e. Grantor is financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to perform its obligations under the Covenant.
f. Grantor will have, on the date this Covenant is recorded, good and marketable title to the Restricted Propertypremises constituting the Project.
g. Grantor shall not discriminate on the basis of race, creed, color, gender, gender identity, age, marital status, national origin, disability or familial status, religion, sexual orientation, genetic information, or any other status protected by applicable federal, state, or local law in the administration and operation lease, use, or occupancy of the Program Project or in connection with respect to service delivery the employment or application for employment of persons for the Programoperation and management of the Project.
h. Grantor shall not permit the use of any residential rental unit for any purpose other than recovery housing.
i. Grantor has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof, and in any event, the requirements of this Covenant are paramount and controlling as to the rights and obligations herein set forth and supersede any other provisions in conflict herewith.
i. j. If Grantor becomes aware of any situation, event, or condition which would result in noncompliance of the Program Project or Grantor with Colorado law, Grantor shall promptly give written notice thereof to BCHA.
k. If the CountyProject, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, Grantor will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms hereof.
l. During the term of this Covenant, Grantor shall not evict or terminate the tenancy of an existing tenant of any Low-Income Unit (hereinafter defined) other than for good cause and shall not increase the gross rent above the maximum allowed under this Covenant with respect to such Low-Income Unit.
Appears in 1 contract
