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8B Consent 2010 1115
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8B Consent 2010 1115
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Last modified
11/22/2010 9:36:48 AM
Creation date
11/10/2010 3:26:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/15/2010
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PERM
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_CC Agenda 2010 1105
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1115
RDA Reso 2010-012
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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include the following information for each dwelling unit in the Project: (i) unit number; (ii) <br />number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the <br />previous year; (v) number of people residing in the unit; (vi) total household income of residents; <br />(vii) documentation of source of household income; and (viii) the information required by <br />Section 3.1 <br />Upon Agency's request, Owner shall include with the Annual Report, an income <br />recertification for each household, documentation verifying tenant eligibility, and such additional <br />information as Agency may reasonably request from time to time in order to demonstrate <br />compliance with this Agreement. The Annual Report shall conform to the format requested by <br />Agency; provided however, during such time that the Project is subject to a regulatory agreement <br />restricting occupancy and/or rents pursuant to requirements imposed in connection with the use <br />of federal low- income housing tax credits or tax - exempt financing, Owner may satisfy the <br />requirements of this Section by providing Agency with a copy of compliance reports required in <br />connection with such financing. <br />Owner shall permit representatives of Agency to enter and inspect the Property and the <br />Project during reasonable business hours in order to monitor compliance with this Agreement <br />upon 24 -hours advance notice of such visit to Owner or to Owner's management agent. <br />4. Term of Agreement <br />4.1 Term The term of this Agreement shall commence on the Effective Date and <br />shall terminate on April 6, 2058 ( "Term "). <br />4.2 Effectiveness Succeeds Conveyance of Property This Agreement shall remain <br />effective and fully binding for the Term regardless of any sale, assignment, transfer, or conveyance <br />of the Property or the Project or any part thereof or interest therein unless this Agreement is <br />terminated earlier by Agency in a recorded writing. <br />4.3 Reconveance Upon the termination of this Agreement, the Parties agree to <br />execute and record appropriate instruments to release and discharge this Agreement; provided, <br />however, the execution and recordation of such instruments shall not be necessary or a <br />prerequisite to the termination of this Agreement upon the expiration of the Term. <br />5. Binding Upon Successors; Covenants to Run with the Land Owner hereby subjects <br />its interest in the Property and the Project to the covenants and restrictions set forth in this <br />Agreement. The Agency and Owner hereby declare their express intent that the covenants and <br />restrictions set forth herein shall be deemed covenants running with the land and shall be binding <br />upon and inure to the benefit of the heirs, administrators, executors, successors in interest, <br />transferees, and assigns of Owner and Agency, regardless of any sale, assignment, conveyance or <br />transfer of the Property, the Project or any part thereof or interest therein. Any successor -in- interest <br />to Owner, including without limitation any purchaser, transferee or lessee of the Property or the <br />Project (other than the tenants of the individual dwelling units within the Project) shall be subject <br />to all of the duties and obligations imposed hereby for the Term of this Agreement. Each and <br />every contract, deed, ground lease or other instrument affecting or conveying the Property or the <br />Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted <br />1538954.2 8 <br />
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