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2010/12/22 Council Agenda Packet
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2010/12/22 Council Agenda Packet
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Council Agenda Packet
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12/22/2010
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1 <br /> be increased only by an amendment of this Agreement made pursuant to Section XXIV <br /> hereof. <br /> VI. APPRAISAL <br /> The Agency has previously provided the City with an appraisal of the Property, which <br /> appraisal is satisfactory to the City for purposes of this AHTF Agreement. <br /> VII. TITLE INSURANCE <br /> A. Prior to the disbursement of funds under this AHTF Agreement, the Agency shall <br /> provide the City with an ALTA Extended Lender's title insurance policy on the <br /> Premises in an amount not less than $90,000.00. <br /> B. Said title insurance policy shall show at the time of the execution of this Agreement <br /> no liens, encumbrances, or financing instruments secured by or in any way <br /> associated with the Premises except: <br /> 1. Schedule B general exceptions listed on the title insurance policy; <br /> 2. Any Schedule B special exceptions, if any, listed on the title insurance policy; <br /> 3. Those documents listed in the Priority Agreement (hereinafter defined) as having <br /> a lien prior and superior to the lien of the City's documents. <br /> VIII. PROPERTY TAXES AND UTILITIES <br /> Property taxes and utilities on the Premises shall be brought current through the date of <br /> the final execution of this AHTF Agreement. In the event the Agency does not bring <br /> such taxes and utilities current prior to that date, the Agency agrees to pay such taxes <br /> and utilities within ten (10) days of the date of the final execution of this AHTF <br /> Agreement and to provide to the City an addendum to the title policy establishing such <br /> payment. During the term of this Agreement, the Agency shall pay all property taxes, if <br /> any and utility billings as they become due and payable and shall keep the Premises <br /> free and clear of any liens for unpaid property taxes, if any, and utility billings. <br /> IX. COVENANT AGREEMENT; PRIORITY AND SUBORDINATION AGREEMENT <br /> The Agency shall cause the Owner to execute a Use Restriction Covenant Agreement in <br /> the form attached hereto as Exhibit H and incorporated herein by this reference (the <br /> "Covenant Agreement"). The Covenant Agreement provides, among other things, that <br /> two (2) units (the "City AHTF-Assisted Units") shall be operated exclusively as <br /> independent housing for eligible individuals as specified in Section II-A of this Agreement <br /> for forty (40) years from the date the Project certificate of occupancy is issued. The <br /> Covenant Agreement also provides for an easement in gross to the City, its agents and <br /> employees to enter the Premises at any time on reasonable notice to inspect the <br /> condition of the Property; to interview tenants of the City AHTF-Assisted Units and to <br /> verify income information and any other matters relevant to the Covenant Agreement; <br /> City of Everett <br /> AHTF Agreement <br /> 10 Washington Home of Your Own <br /> Page 5 of 15 <br />
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