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Cocoon House 4/19/2018
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Cocoon House 4/19/2018
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Last modified
4/24/2018 9:35:41 AM
Creation date
4/24/2018 9:34:49 AM
Metadata
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Contracts
Contractor's Name
Cocoon House
Approval Date
4/19/2018
Council Approval Date
5/10/2017
Department
Finance
Department Project Manager
Susy Haugen
Subject / Project Title
Colby Avenue Youth Center
Tracking Number
0001162
Total Compensation
$300,000.00
Contract Type
Real Property
Contract Subtype
Loans
Retention Period
10 Years Then Transfer to State Archivist
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The City shall inspect the Project periodically for compliance to certain property <br /> standards to ensure the property is maintained as decent, safe, sanitary, in good repair <br /> and habitable housing, as may be prescribed by the HOME Program, or the Uniform <br /> Property Condition Standards (UPCS) per 24 CFR §5.703, or such successor <br /> standards as the City may require. <br /> VI. ENFORCEMENT OF THE AGREEMENT <br /> A. Disputes <br /> Any dispute concerning questions of fact in connection with the obligations covered by this <br /> Agreement and not disposed of by the terms herein shall be referred for determination to <br /> the Director of the City Community Planning and Economic Development department, or <br /> his/her designee, whose decision in the matter shall be final and binding upon the parties, <br /> PROVIDED, that if an action is brought challenging the decision, the matter shall be <br /> subject to de novo judicial determination. Nothing contained herein shall excuse either <br /> party from otherwise complying with the terms of this Loan Agreement to the extent <br /> reasonably possible pending final resolution of the dispute. <br /> B. Breach by Agency; Termination by City <br /> 1. Curing of Monetary Default. If a monetary event of default occurs under the terms of <br /> any of the Loan Documents, before exercising any remedies thereunder, City shall <br /> give Agency written notice of such default at the notice address determined pursuant <br /> to this Agreement. Agency shall have a period of ten (10) days after such notice is <br /> given within which to cure the default before exercise of remedies by City under the <br /> Loan Documents, or such longer period of time as may be specified in the Loan <br /> Documents. <br /> 2. Curing of Nonmonetary Default. If a nonmonetary event of default occurs under the <br /> terms of any of the Loan Documents, prior to exercising any remedies thereunder, City <br /> shall give Agency written notice of such default at the notice address determined <br /> pursuant to this Agreement. If the nonmonetary default is reasonably capable of being <br /> cured within thirty (30) days, Agency shall have such period to effect a cure prior to <br /> exercise of remedies by City under the Loan Documents, or such longer period of time <br /> as may be specified in the Loan Documents. If the default is such that it is not <br /> reasonably capable of being cured within thirty (30) days or such longer period if so <br /> specified, and if Agency in the reasonable determination of City (a) initiates corrective <br /> action within said period, and (b)diligently, continually, and in good faith works to effect <br /> a cure as soon as possible, then Agency shall have such additional time as City <br /> determines is reasonably necessary to cure the default prior to exercise of any <br /> remedies by City. In no event shall City be precluded from exercising remedies if its <br /> security becomes or is about to become materially jeopardized by any failure to cure <br /> a default or if the default is not cured within sixty (60) days after the first notice of <br /> default is given, or such longer period of time as may be specified in the Loan <br /> Documents. <br /> If an event of default is not corrected to the satisfaction of the City within the applicable <br /> time period set forth above, the City may, without further prior notice, terminate or <br /> suspend this Loan Agreement. The City also may, if it deems it appropriate, apply to <br /> Loan Agreement <br /> Cocoon House <br /> Page 41 of 51 <br />
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