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05-27-2026 Council Packet
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05-27-2026 Council Packet
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6/12/2026 8:22:05 PM
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<br />S6-2 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />Improvements prior to the Completion Date and to carry the Project Facilities through to <br />Stabilization. <br />5. Evidence of Access, Availability of Utilities, Project Approvals. Evidence as to: <br />(a) the methods of access to and egress from the Project Facilities, and nearby or <br />adjoining public ways, meeting the reasonable requirements of the Project Facilities and <br />the status of completion of any required improvements to such access; <br />(b) the availability of water supply and storm and sanitary sewer facilities meeting the <br />reasonable requirements of the Project Facilities; <br />(c) the availability of all other required utilities, in location and capacity sufficient to <br />meet the reasonable needs of the Project Facilities; and <br />(d) the obtaining of all approvals, permits and licenses or evidence that no such <br />permits or licenses are required) which are required, necessary or desirable for the <br />construction of the Improvements and the access thereto, together with copies of all such <br />Governmental Actions. <br />6. Environmental Report. An environmental site assessment report or reports of one or more qualified <br />environmental engineering or similar inspection firms approved by the Controlling Person, which report or <br />reports shall indicate a condition of the Land and any existing improvements thereon in compliance with <br />all Legal Requirements and in all respects satisfactory to the Controlling Person in its sole discretion and <br />upon which report or reports the Controlling Person and the Funding Lender shall be expressly entitled to <br />rely. <br />7. Soils Report. A soils report for the Project Facilities prepared by a soils engineer approved by the <br />Controlling Person, which report shall indicate that based upon actual surface and subsurface examination <br />of the Project Facilities, the soils conditions are fully satisfactory for the proposed renovation and operation <br />of the Improvements and upon which report or reports the Controlling Person and the Funding Lender shall <br />be expressly entitled to rely. A termite or other insect infestation report prepared by a firm approved by the <br />Controlling Person, which report shall indicate that based upon actual inspection of the Project Facilities <br />either (i) that no termite or other insect infestation at the Project Facilities, or (ii) that termite or insect <br />infestation is present and recommended steps for extermination and remediation of the conditions at the <br />Project Facilities, and upon which report or reports the Controlling Person and the Funding Lender shall be <br />expressly entitled to rely. <br />8. Survey and Taxes. A Survey of the land upon which the Project Facilities are (or will be) located <br />(and any existing improvements thereon) and Surveyor’s Certificate, and evidence of payment of all real <br />estate taxes and municipal charges on the Land (and any existing improvements thereon) which were due <br />and payable prior to the Closing Date. <br />9. Deposit of Funds. The initial installment of Required Equity Funds and any other source of funds <br />required for closing shall have been delivered to the satisfaction of the Controlling Person. <br />10. Requisition. If any portion of the initial Advance shall be for hard costs of construction, a <br />completed Requisition and together with the approval of the Engineering Consultant. <br />11. Form Lease. The standard form of lease to be used by the Borrower in connection with the <br />Improvements.
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