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Inst 2006181157
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Inst 2006181157
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Last modified
8/17/2015 4:00:57 PM
Creation date
12/12/2006 4:42:19 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/5/2006
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
Retention
PERM
Document Relationships
Inst 2010336109
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2010
RDA Reso 2006-001
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
Reso 2006-045
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />the Project to one hundred percent (100%) Restricted Units by the end ofthe Four-year <br />Transition Period, Owner's tenant selection criteria, and how Owner plans to certify the <br />eligibility of Eligible Households. The Plan shall also describe the management team and shall <br />address how the Owner and the management entity plan to manage and maintain the Property and <br />the Project. The Plan shall include the proposed management agreement and the form of rental <br />agreement that Owner proposes to enter into with Project tenants. <br /> <br />Owner shall abide by the terms ofthe Marketing and Management Plan in marketing, <br />managing, and maintaining the Property and the Project, and throughout the term of this <br />Agreement, shall submit proposed modifications to Agency for its review and approval. <br /> <br />6.5 Approval of Amendments. If Agency has not responded to any submission of the <br />Management and Marketing Plan, the proposed management entity, or a proposed amendment or <br />change to any ofthe foregoing within 30 days following Agency's receipt of such plan, proposal <br />or amendment, the plan, proposal or amendment shall be deemed approved by Agency. <br /> <br />6.6 Fees. Taxes. and Other Levies. Owner shall be responsible for payment of all fees, <br />assessments, taxes, charges, liens and levies, including without limitation possessory interest taxes, <br />if applicable, imposed by any public authority or utility company with respect to the Property or the <br />Project, and shall pay such charges prior to delinquency. However, Owner shall not be required <br />to pay any such charge so long as (a) Owner is contesting such charge in good faith and by <br />appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, <br />and (c) on final determination of the proceeding or contest, Owner immediately pays or <br />discharges any decision or judgment rendered against it, together with all costs, charges and <br />interest. <br /> <br />6.7 Insurance Coverage. Throughout the term of this Agreement Owner shall comply <br />with the requirements set forth in Exhibit C, and shall, at Owner's expense, maintain in full force <br />and effect insurance coverage as specified in Exhibit C; provided however, during such time that <br />lenders or low-income housing tax credit investors providing financing for the Project impose <br />insurance requirements that are inconsistent with the requirements set forth in Exhibit C, Owner <br />may satisfy the requirements of this Section by meeting the requirements of such lenders or <br />investors. Notwithstanding the foregoing, throughout the term hereof, Owner shall comply with <br />the provisions of Exhibit C pertaining to (i) provision to City and Agency of proof of insurance <br />for the Project, (ii) naming of Agency and the City as additional insureds, and (iii) provision to <br />City and Agency of notice of cancellation or reduction in coverage. <br /> <br />6.8 Property Damage or Destruction. If any part ofthe Project is damaged or <br />destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent <br />restriction requirements set forth in this Agreement. Such work shall be commenced within <br />60 days after the damage or loss occurs and shall be completed within one year thereafter, <br />provided that insurance proceeds are available to be applied to such repairs or restoration within <br />such period and the repair or restoration is financially feasible. During such time that lenders or <br />low-income housing tax credit investors providing financing for the Project impose requirements <br />that differ [rom the requirements of this Section the requirements of such lenders and investors <br />shall prevail. <br /> <br />817718-5 <br /> <br />10 <br />
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