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80A - HOUSING AND SUBORDINATION LOANS
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09/17/2019
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80A - HOUSING AND SUBORDINATION LOANS
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9/12/2019 6:11:12 PM
Creation date
9/12/2019 5:58:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/17/2019
Destruction Year
2024
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EXHIBIT 3 <br />(h) Agreement by the tenant to pay attorney's fees or other legal costs <br />even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, <br />however, may be obligated to pay costs if the tenant loses. <br />8. Developer, its successors or assigns, must adhere to state law requirements <br />with regard to termination of tenancy. <br />9. Developer shall maintain the improvements on the Property in compliance <br />with all applicable housing quality standards [24CFR 92.504 (c)(6)] and state and local <br />code requirements (California Health and Safety Code section 33418), and shall keep the <br />Property free from any unreasonable accumulation of debris or waste materials. <br />Developer shall also maintain in a healthy condition any landscaping planted on the <br />Property. <br />10. Developer covenants and agrees for itself, its successors, its assigns and <br />every successor in interest to the Property or any part thereof, there shall be no <br />discrimination against or segregation of any person, or group of persons, on account of <br />race, color, creed, religion, sex, mental or physical disability, marital status, national origin <br />or ancestry in the sale, lease, transfer, use, occupancy, tenure or enjoyment of the Property <br />nor shall the Developer itself or any person claiming under or through it establish or <br />permit any such practice or practices of discrimination or segregation with reference to the <br />selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or <br />vendees of the Property, as required by the Title VI of the Civil Rights Act of 1964, the <br />Fair Housing Act (42 U.S.C. 3601-20) and all implementing regulations, and the Age <br />Discrimination Act of 1975, and all implementing regulations. <br />11. Not later than five (5) business days prior to the execution of the <br />documents, Developer shall submit to the Executive Director a Management Plan in a <br />form that is acceptable to the Executive Director, including, but not limited to, the <br />components listed below. Approval of the Management Plan must be obtained from the <br />Executive Director not later than the time for the Closing. Developer shall manage the <br />Assisted Units in accordance with the approved Management Plan, including such <br />amendments as may be approved in writing from time to time by the Executive Director, <br />for the term of the income and rent restrictions contained in these Restrictions. The <br />components of the Management Plan shall include: <br />(a) Management Agent. Developer shall submit the name and <br />qualifications of the proposed Management Agent. The Executive Director shall approve <br />or disapprove the proposed Management Agent in writing based on the experience and <br />qualifications of the Management Agent. <br />(b) Management Agreement. Developer shall submit a copy of the <br />proposed management agreement specifying the amount of the management fee, and the <br />relationship and division of responsibilities between Developer and Management Agent. <br />(c) Annual Budget and Projected Cash Flows. Prior to the Closing, <br />and annually thereafter not later than ninety (90) days after the close of each calendar year <br />thereafter until the Loan is repaid in full, Developer shall submit a projected operating <br />6of14 <br />80A-129 <br />
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