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Inst 2010379781
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Inst 2010379781
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1/14/2011 3:06:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/15/2010
Recorded Document Type
Regulatory Agreement
Declaration of Restrictions
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PERM
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Inst 2010379782
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\City Clerk\City Council\Recorded Documents\2010
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• <br /> • <br /> and waste material) or thirty (30) days after written notice from Agency (with respect to <br /> landscaping, building improvements and general maintenance), then Agency, in addition to any <br /> other remedy it may have under this Agreement or at law or in equity, shall have the right, but <br /> not the obligation, to enter upon the Property and perform all acts and work necessary to protect, <br /> maintain, and preserve the Project and the landscaped areas on the Property. All costs expended <br /> by Agency in connection with the foregoing, shall constitute an indebtedness, and shall be paid <br /> by Owner to Agency upon demand. All such sums remaining unpaid thirty (30) days following <br /> delivery of Agency's invoice therefor shall bear interest at the rate of 10% per annum. <br /> 6.4 Marketing and Management Plan. Not later than six (6) months following <br /> the Effective Date, Owner shall submit for Agency and City review and approval, a plan for <br /> marketing and managing the Property and the Project ("Marketing and Management Plan "). <br /> The Marketing and Management Plan shall address in detail how Owner plans to market the <br /> Restricted Units to prospective Eligible Households in accordance with fair housing laws and <br /> this Agreement, Owner's tenant selection criteria, and how Owner plans to certify the eligibility <br /> of Eligible Households. The Plan shall also describe the management team and shall address how <br /> the Owner and the management entity plan to manage and maintain the Property and the <br /> 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. Owner shall abide by the <br /> terms of the Marketing and Management Plan in marketing, managing, and maintaining the <br /> Property and the Project, and throughout the term of this Agreement, shall submit proposed <br /> modifications to Agency and City for their review and approval. <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 of the foregoing within thirty (30) days following Agency's receipt of such plan, <br /> proposal or amendment, the plan, proposal or amendment shall be deemed approved by Agency. <br /> 6.6 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all <br /> fees, assessments, taxes, charges, liens and levies, including without limitation possessory <br /> interest taxes, if applicable, imposed by any public entity, authority or utility company with <br /> respect to the Property or the Project, and shall pay such charges prior to delinquency. However, <br /> Owner shall not be required to pay any such charge so long as (a) Owner is contesting such <br /> charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to <br /> pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner <br /> immediately pays or discharges any decision or judgment rendered against it, together with all <br /> costs, charges and interest. Nothing in this Section 6.6 shall prevent Owner from applying for all <br /> applicable tax exemptions including the welfare exemption from property tax for low- income <br /> housing. <br /> 6.7 Insurance Coverage. Throughout the Term of this Agreement Owner shall <br /> comply with the requirements set forth in Exhibit D. and shall, at Owner's expense, maintain in <br /> full force and effect insurance coverage as specified in Exhibit D; provided however, during such <br /> time that lenders or low- income housing tax credit investors providing financing for the Project <br /> impose insurance requirements that are inconsistent with the requirements set forth in Exhibit D, <br /> Owner may satisfy the requirements of this Section by meeting the requirements of such lenders <br /> or investors. Notwithstanding the foregoing, throughout the term hereof, Owner shall comply <br /> 1538954.5 10 <br />
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