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SANTA ANA WBBB, LP 4
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Last modified
3/6/2017 1:21:10 PM
Creation date
4/6/2011 3:38:12 PM
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Contracts
Company Name
SANTA ANA WBBB, LP
Contract #
A-2011-051
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
3/7/2011
Destruction Year
0
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(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 />(c) Agreement by the tenant not to hold the owner or the owner's agent <br />legally responsible for any action or failure to act, whether intentional or negligent; <br />(d) Agreement of the tenant that the owner may institute a lawsuit <br />without notice to the tenant; <br />(e) Agreement by the tenant that the owner may evict the tenant or <br />household members without instituting a civil court proceeding in which the tenant has the <br />opportunity to present a defense, or before a court decision on the rights of the parties; <br />(f) Agreement by the tenant to waive any right to a trial by jury; <br />(g) Agreement by the tenant to waive the tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; and <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, however; <br />may be obligated to pay costs if the tenant loses. <br />1208. Project Operating Budget. Developer must promptly deposit all project income <br />directly into a segregated depository account established exclusively for the Project ("Project <br />Operating Account") in accordance with the Operating Budget prepared by Developer and approved <br />by the Executive Director each year. Withdrawals from this account may be made only in <br />accordance with the provisions of this Agreement and the approved Operating Budget, as it may be <br />revised from time to time with Agency/City approval. Developer may make withdrawals from this <br />account solely for the payment of project expenses and project fees included in the approved <br />Operating Budget. Withdrawals from this account for other purposes may be made only with the <br />prior written approval of the Agency/City. <br />1209. Replacement Reserve Account. Developer must establish or cause to be established <br />a segregated interest-bearing replacement reserve depository account ("Replacement Reserve <br />Account") no later than sixty (60) days after the Notice of Completion is filed. Developer must make <br />monthly deposits from project income into the Replacement Reserve Account in accordance with the <br />approved Annual Budget, as amended from time to time. Developer may withdraw funds from the <br />Replacement Reserve Account solely to fund capital improvements for the Project, such as replacing <br />or repairing structural elements, furniture, fixtures or equipment of the Project that are reasonably <br />required to preserve the Project. Developer may not withdraw funds from the Replacement Reserve <br />Account for any other purpose without the prior written approval of the Agency/City. <br />40 <br />DOCSOC/ I469583v5/200272-0003
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