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Inst 2002261091
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Inst 2002261091
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9/24/2009 12:02:10 PM
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9/24/2009 12:02:09 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/7/2002
Recorded Document Type
Regulatory Agreement
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PERM
Document Relationships
Agmt 2002 Citizens Housing Corporation
(Reference)
Path:
\City Clerk\City Council\Agreements\2002
Reso 2002-065
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2002
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established in this section but does not exceed eighty percent (80%) of the Median Gross Income <br />for the Area. <br />I"lIEDIAN GROSS INCOME FOR THE AREA: Means the median income for the Oakland Primary <br />Metropolitan Statistical Area ("PMSA") as determined by the Secretary of Housing and Urban <br />Development under Section 8(f)(3) of the United States Housing Act of 1937, as amended. In the <br />event that programs under Section 8(f) are terminated, the median income shall be determined per <br />written direction of the City in a manner similar to current formula determination. <br />DEVELOPER; Means Citizens' Housing Corporation, a California nonprofit public benefit <br />corporation and its successors as approved by the City pursuant to the Loan Agreement. <br />PARTICIPATION IN THE PROJECT: Means that the City has invested a dollar amount of Seven <br />Hundred Thousand Dollars ($700,000) in the Project. The amount of City participation may be <br />increased at the sole discretion of the City. <br />PROJECT OR PROPERTY: Shall mean property located at 15320 Tropic Court, San Leandro, <br />California <br />VERY LOW INCOME TENANTS; Means the occupants of HOME Unit in the Project whose <br />household income, adjusted for household size, as computed pursuant other Income Certification, <br />does not exceed fifty percent (50%) of the Median Gross Income for the Area. Determination of <br />the status of an occupant of a HOME Unit as a Very Low Income Tenant shall be made upon initial <br />occupancy of a unit in the Project by such occupant and recertified annually. A tenant who <br />qualifies as a Very Low Income Tenant remains qualified as a Low Income Tenant even if such <br />household's income rises above the limit established in this section but does not exceed eighty <br />percent (80%) of the Median Gross Income for the Area. <br />SECTION 2. INTERPRETATION. <br />Words importing any gender include all genders. Words importing person include firms, <br />associations and corporations. Words importing the singular shall include the plural and vice <br />versa. <br />The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms refer to this <br />Agreement, the term "heretofore" means before the date of this Agreement, and the term <br />"hereafter" means after the date of this Agreement. <br />Articles and Sections mentioned by number only are the respective Articles and Sections of this <br />Agreement so numbered. Reference to "this Article," "this Section," or "this subsection," shall refer <br />to the particular Article. Section or subsection in which such reference appears. Any captions, <br />titles or heading preceding the text of any Article or Section herein and any table of contents or <br />index attached to this Agreement or any copy thereof are solely for convenience of reference and <br />shall not constitute part of this Agreement or affect its meaning, construction, or effect. <br />SECTION 3. TERM OF AGREEMENT <br />The terms of this Agreement shall be for 55 years from the Date of Initial Occupancy. At the end of <br />this term, Developer may either request extending the terms of this Agreement or request <br />disposition instruction from the City pursuant to Exhibit D to the HOME Loan Agreement. <br />
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