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NORTH BROADWAY HOUSING PARTNERS LP (C/O OF JAMBOREE AND WISEPLACE)
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NORTH BROADWAY HOUSING PARTNERS LP (C/O OF JAMBOREE AND WISEPLACE)
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Last modified
7/12/2022 8:55:34 AM
Creation date
6/29/2022 1:21:04 PM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP (C/O OF JAMBOREE AND WISEPLACE)
Contract #
A-2022-131
Agency
Community Development
Council Approval Date
6/21/2022
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agreement ("Lease Agreement"). All Lease Agreements must 1) identify the names and ages of <br />all members of the household who will occupy the Affordable Unit; and 2) state that the <br />Household's right to occupy the Affordable Unit is subject to compliance with the Median Income <br />requirements, as periodically published by HCD. All Lease Agreements must be consistent with <br />the terms contained in this Density Bonus Agreement. <br />4.8.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the <br />following provisions: <br />(a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, <br />or to a judgment in favor of the Developer in a lawsuit brought in connection <br />with the lease; <br />(b) Treatment of Property. Agreement by tenant that the Developer may take, hold, <br />or sell personal property of household members without notice to tenant and a <br />court decision on the rights of the parties. This prohibition, however, does not <br />apply to an agreement by the tenant concerning disposition of personal property <br />remaining in the housing unit after the tenant has moved out of the unit. The <br />Developer may dispose of this personal property in accordance with State law; <br />(c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the <br />Developer of the Developer's agent legally responsible for any action or failure <br />to act, whether intentional or negligent; <br />(d) Waiver of Notice. Agreement of the tenant that the Developer may institute a <br />lawsuit without notice to the tenant; <br />(e) Waiver of Legal Proceedings. Agreement by the tenant that the Developer may <br />evict the tenant or household members without instituting a civil court <br />proceeding in which the tenant has the opportunity to present a defense, or <br />before a court decision on the rights of the parties; <br />(f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial <br />by jury; <br />(g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive <br />the tenant's right to appeal, or to otherwise challenge in court, a court decision <br />in connection with the lease; and <br />(h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. <br />Agreement by the tenant to pay attorney's fees or other legal costs even if the <br />tenant wins in a court proceeding by the Developer against the tenant. The <br />tenant, however, may be obligated to pay attorney's fees and costs if the tenant <br />loses, if provided for under applicable law or court ruling. <br />4.9 Selection of Tenants. <br />4.9.1 Developer shall review the selection of tenants for the Affordable Units in <br />compliance with lawful and reasonable criteria and the requirements of this Agreement. Each <br />Affordable Unit shall be leased to Eligible Households that are chronically homeless and <br />document -ready individuals on the Coordinated Entry List. All residents will be referred from the <br />County of Orange Coordinated Entry System. <br />11 <br />9138-126780\15170292 <br />
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