Agmt 2006 Mercy Housing California XXXIII (4)

Home

the Developer, to enter into the Project following 24-hours written notice from the Agency (except in the case of emergency in which case Agency shall provide such notice as may be practical under the circumstances) (a) to inspect the work of rehabilitation to determine that the same is in conformity with the requirements of this Agreement and the Agency Documents, and (b) following completion ofrehabilitation, to inspect the ongoing operation and management of the Project to determine that the same is in conformance with the requirements of this Agreement, provided that Agency does not unlawfully interfere with the rights of tenants. 5.17.1 Agency Disclaimer. Developer acknowledges that the Agency is under no obligation, and Agency neither undertakes nor assumes any responsibility or duty, to Developer or to any third party to in any manner review, supervise, or inspect the progress of rehabilitation work or the operations of the Project. Developer and all third parties shall rely entirely upon its or their own supervision and inspection in determining the quality and suitability of the materials and work, and the performance of architects, subcontractors, and material suppliers and all other matters relating to the rehabilitation and operation of the Project. Any review or inspection undertaken by the Agency is solely for the purpose of determining whether Developer is properly discharging its obligations to Agency, and shall not be relied upon by Developer or any third party as a warranty or representation by the Agency as to the quality of the design or rehabilitation of the Improvements or otherwise. ARTICLE VI USE OF THE PROPERTY 6.1 Uses. Developer covenants and agrees for itself and its successors and assigns that for the duration of the Ground Lease, the Property shall be used for the purposes specified in this Agreement, and that for the term of the Regulatory Agreement, the Property shall be used as an affordable housing development in accordance with the terms and conditions thereof. The covenants against discrimination specified in Section 6.6 of this Agreement shall be perpetual, (ii) the covenants pertaining to use and maintenance ofthe Property and the Improvements shall be in effect for the duration of the Ground Lease, and (iii) the covenants regarding low-income housing specified herein and in the Regulatory Agreement shall remain in effect for a term of 55 years, commencing upon the issuance of a final certificate of occupancy for the Project. 6.2 Affordable Housing. For a term of 55 years commencing upon the issuance of a final certificate of occupancy for the Improvements, the Property shall be used solely for an affordable housing project in which at least sixty-seven (67) residential units shall be available at affordable housing cost to eligible very-low and extremely low-income households pursuant to and in accordance with the Regulatory Agreement. 6.3 Tenant Services. Developer shall coordinate with local social service providers to ensure that appropriate supportive services are provided to tenants ofthe Project in accordance with the Project management plan approved by Agency in accordance with the Regulatory Agreement. 6.4 Maintenance. Developer shall maintain the Property, the Improvements and related landscaping and common areas in accordance with the San Leandro Municipal Code in a 803698-6 20