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DORC 14th and Callan Street Owner
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DORC 14th and Callan Street Owner
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8/3/2023 12:00:41 PM
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8/3/2023 12:00:23 PM
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CM City Clerk-City Council
Document Date (6)
4/10/2023
Recorded Document Type
Declaration of Restrictions
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PERM
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Consumers, San Francisco -Oakland -Hayward, CA Area, All Items less food and <br />energy, 1982-1984=100, as published by the United States Bureau of Labor <br />Statistics of the United States Department of Labor. The Owner shall pay such <br />charge within thirty (30) business days of receipt of an invoice from the City. The <br />City Manager may waive or defer a portion of this monitoring fee. <br />4. Term of Agreement. <br />4.1 Term of Restrictions. This Agreement shall remain in effect through the fifty- <br />fifth (55th) anniversary of the date upon which the City issues a final certificate of <br />occupancy or equivalent for the Project. If such date cannot be ascertained, the <br />Term of this Agreement shall end on the fifty -seventy (57th) anniversary of the <br />Effective Date of this Agreement. <br />4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This <br />Agreement shall remain effective and fully binding for the full term hereof <br />regardless of any sale, assignment, transfer, or conveyance of the Property or the <br />Project or any part thereof or interest therein. <br />4.3 Reconveyance. Upon the termination of this Agreement, the Parties agree to <br />execute and record appropriate instruments to release and discharge the terms of <br />this Agreement; provided, however, the execution and recordation of such <br />instruments shall not be necessary or a prerequisite to the termination of this <br />Agreement in accordance with its terms. <br />4.4 Notice of Expiration of Term. Owner shall comply with the requirements set <br />forth in California Government Code Sections 65 863. 10 and 65863.11, and any <br />other applicable law existing at the time of expiration of the Term. Such notice <br />requirements include: (i) a twelve (12) month notice to existing tenants, <br />prospective tenants and Affected Public Agencies (as defined in California <br />Government Code Section 65863.10(a)) prior to the expiration of the Term and <br />(ii) a six (6) month notice requirement to existing tenants, prospective tenants and <br />Affected Public Agencies prior to the expiration of the Term. <br />5. Binding Upon Successors; Covenants to Run with the Land. <br />5.1 Owner hereby subjects its interest in the Property and the Project to the covenants <br />and restrictions set forth in this Agreement. The City and Owner hereby declare <br />their express intent that the covenants and restrictions set forth herein shall be <br />deemed covenants running with the land and shall be binding upon and inure to <br />the benefit of the heirs, administrators, executors, successors in interest, <br />transferees, and assigns of Owner and City, regardless of any sale, assignment, <br />conveyance or transfer of the Property, the Project or any part thereof or interest <br />therein. Any successor -in -interest to Owner, including without limitation any <br />purchaser, transferee or lessee of the Property or the Project (other than the <br />tenants of the individual dwelling units within the Project) shall be subject to all <br />of the duties and obligations imposed hereby for the full term of this Agreement. <br />Affordable Housing Regulatory Agreement - Centro Callan <br />November 28, 2022 <br />
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