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5A3 Development Agreement (New Day Intake Center) - Signed
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5A3 Development Agreement (New Day Intake Center) - Signed
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8/14/2025 11:06:01 AM
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8/14/2025 11:05:56 AM
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Dept of Community Investment
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4 <br /> <br />1.17 Person-Centered: A philosophy and practice that respects and responds to the unique <br />needs, strengths, preferences, and goals of each individual. Person-Centered services are grounded <br />in the belief that people are experts in their own lives, and supports are designed in collaboration <br />with them—not for them—empowering individuals to take the lead in their journey toward <br />housing and wellness. <br />SECTION 2. INTERPRETATION, TERMS, AND RECITALS. <br />2.1 Interpretation. <br /> (a) The terms “herein,” “hereto,” “hereunder,” and all terms of <br />similar import shall be deemed to refer to this Agreement as a whole rather than to <br />any Article of, Section of, or Exhibit to this Agreement. <br /> (b) Unless otherwise specified, references in this Agreement to <br />(i) “Section” or “Article” shall be deemed to refer to the Section or Article of this <br />Agreement bearing the number so specified, (ii) “Exhibit” shall be deemed to refer <br />to the Exhibit of this Agreement bearing the letter or number so specified, and (iii) <br />references to this “Agreement” shall mean this Agreement and any exhibits and <br />attachments hereto. <br /> (c) Captions used for or in Sections, Articles, and Exhibits of <br />this Agreement are for convenience of reference only and shall not affect the <br />construction of this Agreement. <br /> (d) The terms “include,” “including,” and “such as” shall each <br />be construed as if followed by the phrase “without being limited to.” <br />2.2 Recitals. The Recitals set forth above are incorporated into and are a part of this <br />Agreement for all purposes. <br />SECTION 3. DEVELOPER’S OBLIGATIONS. <br />3.1 Generally. The Parties acknowledge and agree that the Commission’s agreements to <br />perform and abide by the covenants and obligations set forth in this Agreement are material <br />consideration for the Developer’s commitment to perform and abide by the covenants and <br />obligations of the Developer contained in this Agreement. The Parties further acknowledge and <br />agree that the Developer’s obligations under this Agreement are hereby conditioned upon the <br />execution and closing of the Loan Agreement. In the event that subsequent negotiations by the <br />parties do not result in an executed Loan Agreement by March 31 , 2026, this Agreement shall <br />become null and void. <br /> <br />3.2 The Project. <br /> <br /> (a) The Developer will perform all necessary work to complete <br />the improvements set forth in the Project Plan attached hereto as Exhibit B and the <br />plans and specifications to be approved by the City Planner, or his designee,
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