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NORTH BROADWAY HOUSING PARTNERS LP (2)
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NORTH BROADWAY HOUSING PARTNERS LP (2)
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Last modified
4/18/2023 1:42:00 PM
Creation date
4/18/2023 1:41:24 PM
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Contracts
Company Name
NORTH BROADWAY HOUSING PARTNERS LP
Contract #
A-2023-031-02
Agency
Community Development
Council Approval Date
3/7/2023
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effect for the period of these Restrictions. <br />15.4. WISEPIace, as owner of the Project's fee estate and as Lessor under the <br />Ground Lease with respect to the Project, has joined herein to evidence its consent to <br />these Restrictions and its agreement that the Restrictions bind the Project, the fee estate, <br />and the leasehold estate created by the Ground Lease (both landlord and tenant's <br />interests) and run with the land. WISEPIace agrees and understands that its agreement to <br />these Restrictions being imposed upon and recorded against the Ground Lease and the fee <br />estate is part of the consideration for City entering into a Loan Agreement. <br />16. Developer shall not request disbursement of HOME -ARP Loan until the funds are <br />needed to pay eligible costs. The City shall have the right to disapprove any request if the <br />City reasonably determines the request is for an ineligible item or is otherwise not in <br />compliance with or inconsistent with the Loan Agreement, these Restrictions, the HOME - <br />ARP Notice and/or the applicable HOME Programs [24 CFR 92.504(c)]. <br />17. Maintenance; Compliance with Law. <br />During the term of these Restrictions, Developer agrees to maintain all interior and <br />exterior improvements, including landscaping, on the Project in good condition, repair and <br />sanitary condition (and, as to landscaping, in a healthy condition) and in accordance with <br />any Management Plan approved by the City under these Restrictions (including without <br />limitation any landscaping and signage), as the same may be amended from time to time, <br />and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, <br />county, municipal, and other governmental agencies and bodies having jurisdiction over <br />the Property and all their respective departments, bureaus, and officials. Developer <br />acknowledges the great emphasis the City places on quality maintenance to protect its <br />investment and to provide quality low income housing for its constituents and to ensure <br />that all City subsidized affordable housing projects within the City are not allowed to <br />deteriorate due to deficient maintenance. In addition, Developer shall keep the Project free <br />from all graffiti and any accumulation of debris or waste material. Developer shall <br />promptly make all repairs and replacements necessary to keep the Project in good condition <br />and repair and shall promptly eliminate all graffiti and replace dead and diseased plants <br />and landscaping with comparable approved materials. <br />In the event that Developer breaches any of the covenants contained in this Section <br />15 and such default continues for a period of five (5) days after written notice from the City <br />(with respect to graffiti, debris, waste material, and general maintenance) or thirty (30) <br />days after written notice from the City (with respect to landscaping and building <br />improvements), then the City, in addition to whatever other right or remedy it may have <br />under the Loan Agreement, the other Loan Documents, these Restrictions or at law or in <br />equity, shall have the right to enter upon the Project and perform or cause to be performed <br />all such acts and work necessary to cure the default. Pursuant to such right of entry, the <br />City shall be permitted (but is not required) to enter upon the Project and perform all acts <br />and work necessary to protect, maintain and preserve the improvements and landscaped <br />areas on the Project. Developer shall promptly pay to the City, as applicable, the amount <br />of the expenditure arising from such acts and work of protection, maintenance, and <br />13 <br />WISEPIace Pennanent Supportive Housing <br />City HOME -ARP Affordability Restrictions on Transfer of Property <br />
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