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10B Action 2012 0117
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10B Action 2012 0117
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Last modified
1/20/2012 5:54:50 PM
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1/10/2012 5:11:24 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
1/17/2012
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PERM
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_CC Agenda 2012 0117 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0117
Reso 2012-006
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of <br />the property nor shall the transferee or any person claiming under or <br />through the transferee establish or permit any such practice or practices of <br />discrimination or segregation with reference to selection, location, number, <br />use or occupancy of tenants, lessee, subtenants, sublessees or vendees <br />of the land." <br />2.8 Relocation. Persons residing on the Property as of the Effective Date <br />shall not be displaced before suitable replacement housing is available either in the <br />residential units undergoing rehabilitation as part of the Project or in comparable <br />replacement housing. Owner shall ensure that all occupants of the Property receive all <br />notices, benefits and assistance to which they are entitled in accordance with California <br />Relocation Assistance Law (Government Code Section 7260 et seq.), all state and local <br />regulations implementing such law, and all other applicable local, state and federal laws <br />and regulations (collectively "Relocation Laws ") relating to the displacement and <br />relocation of eligible persons as defined in such Relocation Laws. Any and all costs <br />incurred in connection with the temporary and /or permanent displacement and /or <br />relocation of occupants of the Property, including without limitation payments to a <br />relocation consultant, moving expenses, and payments for temporary and permanent <br />relocation benefits pursuant to Relocation Laws shall be paid by Owner. Owner shall <br />indemnify, defend (with counsel reasonably approved by City) and hold harmless the <br />Indemnitees (defined in Section 10 ) from and against any and all Claims (defined in <br />Section 10 ) arising in connection with the breach of Owner's obligations set forth in this <br />Section except to the extent such Claims arise from the gross negligence or willful <br />misconduct of the Indemnitees. Owner's indemnification obligations set forth in this <br />Section 2.8 shall survive the expiration or earlier termination of this Agreement. <br />3. Reporting Requirements <br />3.1. Tenant Certification Owner or Owner's authorized agent shall obtain from <br />each household prior to initial occupancy of each Restricted Unit, and on every <br />anniversary thereafter, a written certificate containing all of the following in such format <br />and with such supporting documentation as City may reasonably require: <br />(a) The identity of each household member; and <br />(b) The total gross household income, <br />Owner shall retain such certificates for not less than five (5) years, and upon <br />City's request, shall provide copies of such certificates to City and make the originals <br />available for City inspection. <br />3.2 Annual Report; Inspections By not later than April 30 of each year during <br />the term of this Agreement, Owner shall submit an annual report ( "Annual Report ") to <br />the City in form satisfactory to City, together with a certification that the Project is in <br />compliance with the requirements of this Agreement. The Annual Report shall, at a <br />minimum, include the following information for each dwelling unit in the Project: (i) unit <br />1753724.3 g <br />
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