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, . Book : 3941 �age : 148 <br /> facade restoration from funding available through the Community Development <br /> Block Grant (CDBG) program of the United States Department of Housing and <br /> Urban Development, and; <br /> Whereas, Owner has offered to demonstrate to City's satisfaction that it is <br /> vested in fee simple ownership of the property on or before October 3, 2008, <br /> and <br /> Whereas, City agrees, conditioned upon Owner demonstrating fee <br /> interest in the property, to provide funds for renovation work to the exterior <br /> design and facade of the building, as described on the Statement of the Work <br /> attached hereto as Exhibit A and incorporated by reference, subject to the <br /> financial limitations set forth herein and the CDBG Program guidelines <br /> established by HUD, and; <br /> Whereas, Owner agrees to renovate the exterior design and facade of the <br /> building in accordance with the terms of this agreement, CDBG guidelines and <br /> Owner's contract for facade renovation as the same shall have been reviewed <br /> and approved by City, and; <br /> Whereas, it is the Parties' intent that this agreement bind the current <br /> owner of the property as well as all subsequent owners, for a period of ten years <br /> commencing from the City's approval of the completed exterior design and <br /> facade improvements; <br /> Now, therefore, in consideration of the sums of money to be paid by City <br /> for restoration of the exterior design and facade of the building, and Owner's <br /> covenants to renovate and maintain the exterior design and facade, the parties <br /> agree as follows: <br /> 1. On or before October 3, 2008, Owner shall demonstrate to City's <br /> satisfaction that Owner has a vested fee simple interest in the property. The <br /> parties recognize and acknowledge that time is of the essence in the City's <br /> Facade Grant award process. Timely demonstration by Owner of the required <br /> interest in the property is a condition precedent to the City's obligation to award <br /> funds under the program. Failure by Owner to timely demonstrate the required <br /> 2 Updated 9/2008 <br />