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10A Action 2012 0618
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10A Action 2012 0618
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6/28/2012 8:34:37 AM
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6/12/2012 4:56:08 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/18/2012
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_CC Agenda 2012 0618 CS+RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0618
Reso 2012-073
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Path:
\City Clerk\City Council\Resolutions\2012
Reso 2012-074
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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available for City inspection. <br />3.2 Annual Report; Inspections. By not later than April 30 of each year during <br />tie tern/ 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 />number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) number of <br />people residing in the unit; (v) total gross household income of residents; and (vi) the <br />information required by Section 3.1 <br />Owner shall include with the Annual Report, an income recertification for each <br />household, documentation verifying tenant eligibility, and such additional information as <br />City may reasonably request from time to time in order to demonstrate compliance with <br />this Agreement. The Annual Report shall conform to the format requested by City; <br />provided however, during such time that the Project is subject to a regulatory <br />agreement restricting occupancy and/or rents pursuant to requirements imposed in <br />connection with the use of state or federal low- income housing tax credits or tax - exempt <br />financing, Owner may satisfy the requirements of this Section by providing City with a <br />copy of compliance reports required in connection with such financing. <br />Owner shall permit representatives of City to enter and inspect the Property and <br />the Project during reasonable business hours in order to monitor compliance with this <br />Agreement upon 48 -hours advance notice of such visit to Owner or to Owner's <br />management agent. <br />3.3 Intentionally omitted. <br />4. Term of Agreement. <br />4.1 Term of Restrictions. This Agreement shall remain in effect through the <br />55 anniversary of the issuance of the final certificate of occupancy for the Project, <br />unless the term is extended by mutual agreement of the Parties. <br />4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. <br />This Agreement shall remain effective and fully binding for the full term hereof, as such <br />may be extended pursuant to Section 4.1 regardless of (i) any sale, assignment, <br />transfer, or conveyance of the Property or the Project or any part thereof or interest <br />therein, (ii) any payment, prepayment or extinguishment of the Loan or Note, or (iii) -any <br />reconveyance of the Deed of Trust. <br />4.3 Reconveyance. Upon the termination of this Agreement, the Parties <br />agree to execute and record appropriate instruments to release and discharge this <br />Agreement; provided, however, the execution and recordation of such instruments shall <br />not be necessary or a prerequisite to the termination of this Agreement upon the <br />expiration of the term as such may be extended pursuant to Section 4.1 <br />1865088.5 <br />
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