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25F - AGMT - 605-611 EAST WASHINGTON ST LOAN
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25F - AGMT - 605-611 EAST WASHINGTON ST LOAN
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1/3/2012 3:51:30 PM
Creation date
3/3/2011 11:03:58 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
3/7/2011
Destruction Year
2016
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1205.5 Termination of Tenancy. Developer, its successors or assigns, must <br />adhere to federal and state law requirements with regard to termination of any tenancy of each and <br />every Affordable Unit. Developer may not terminate the tenancy or refuse to renew the lease of a <br />tenant of an Affordable Unit within the Project except for failure to pay rent, serious or repeated <br />violation of the terms and conditions of the lease; for violation of applicable federal, state, or local <br />law; or for other good cause. Any termination or refusal to renew must be preceded by not less than <br />30 days by Developer's service upon the tenant of a written notice specifying the grounds for the <br />action. <br />1205.6 Termination of Management Contract; Replacement of Management <br />Agent. If at any time the Agency determines that the units are not being managed or maintained in <br />accordance with the approved Management Plan, Developer shall change the management agent or <br />the practices complained of, upon receipt of written notice from the Executive Director. The <br />Executive Director may require Developer to change management practices or to terminate the <br />management contract and designate and retain a different management agent. The management <br />contract shall provide that it is subject to termination by Developer without penalty, upon thirty (30) <br />days prior written notice, at the direction of the Executive Director. Within ten (10) days following a <br />direction of the Executive Director to replace the management agent, the Developer shall select <br />another management agent or make other arrangements satisfactory to the Executive Director or <br />designee for continuing management of the Housing Units. <br />1206. Vouchers. Developer, its successors and assigns, shall not refuse to lease a unit to a <br />holder of a rental voucher under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder <br />of a comparable document evidencing participation in a tenant-based assistance program because of <br />the status of the prospective tenant as a holder of such certificate of family participation, rental <br />voucher, or comparable tenant-based assistance document. Total rents charged to such tenants, <br />including the tenant contribution and rental assistance, shall not exceed the Affordable Rent <br />permitted to be charged pursuant to this Agreement, the Affordability Restrictions, and the NSP <br />Documents. <br />1207. Lease Requirements. Developer shall execute or cause to be executed a written <br />lease in a form approved in writing by Agency and City (other than immaterial modifications thereto) <br />which complies with the applicable HOME Regulations, the Redevelopment Law, and all applicable <br />federal, state and local laws and regulations, with each tenant household identifying by name all <br />permitted occupants, both adults and minors, occupying each unit. The lease between tenants <br />occupying the units and Developer must be for not less than one year, unless by mutual agreement <br />between the tenant and Developer. The lease may not contain any of the following provisions (in <br />which references to "owner" shall mean the Developer, its successors or assigns): <br />(a) Agreement by the tenant to be sued, to admit guilt, or to a judgment in <br />favor of the owner in a lawsuit brought in connection with the lease; <br />(b) Agreement by the tenant that the owner may take, hold, or sell <br />personal property of household members without notice to the tenant and a court decision on the <br />rights of the parties. This prohibition, however, does not apply to an agreement by the tenant <br />concerning disposition of personal property remaining in the housing unit after the tenant has moved <br />out of the Unit. The owner may dispose of this personal property in accordance with state law; <br />39 <br />25F-45
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