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5G Consent
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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<br />iv <br />Section 5.5. Project Homekey Grant. Lessor shall be entitled to the disbursement of such <br />portion of the Project Homekey Grant as Lessor determines is necessary for <br />payment of the full amount of the costs of Lessor’s acquisition of the <br />Leased Premises. Lessee shall be entitled to receive the remaining amount <br />of the Project Homekey Grant from the Project Homekey Agreement as <br />necessary for payment of costs of the construction and rehabilitation of the <br />Improvements. If necessary, Lessee shall apply to the State for <br />disbursements of the remaining funds, and Lessor shall cooperate with and <br />assist Lessee and deliver approvals to the State, to the extent required in <br />order to obtain the remaining portion of the Project Homekey Grant from <br />the State for the foregoing expenses. ......................................................................13 <br />ARTICLE 6. operation of project ..............................................................................................14 <br />Section 6.1... Use. For the entire Term of this Ground Lease, the Leased Premises shall be <br />used for the development and operation of the Project in accordance with <br />the terms and conditions of this Ground Lease, the Project Homekey <br />Agreement and the Regulatory Agreement............................................................14 <br />Section 6.2....... Compliance with Project Homekey Agreement. The Parties agree that, <br />regardless of whether Lessor is jointly or solely responsible for <br />performance of the requirements of the Project Homekey Agreement <br />under the terms of that agreement, Lessee shall perform all of the <br />requirements of the Grantee under the Project Homekey Agreement, for so <br />long as the Ground Lease is in effect and Lessee is the lessee under that <br />agreement, and Lessor shall not be responsible for performance of such <br />obligations. Such requirements to be performed by Lessee shall include, <br />without limitation, compliance with maximum income and rent <br />requirements, meeting all program deadlines, compliance with all rent <br />standards, use in accordance with eligible uses, compliance with all <br />performance milestones, preparation and submission of all required <br />reporting, compliance with all conditions of disbursement of the Homekey <br />Grant, compliance with prevailing wage laws, liability for environmental <br />requirements, insurance requirements, relocation requirements, and <br />adaptability and accessibility requirements, submission and compliance <br />with the property management plan, supportive services plan and <br />affirmative fair housing marketing plan, compliance with fair housing <br />requirements, and compliance with record retention, inspection and audit <br />requirements. ..........................................................................................................14 <br />Section 6.3..................................... Non-Discrimination; Compliance with Fair Housing <br />Laws. .....................................................................................................................14 <br />ARTICLE 7. ASSIGNMENT AND TRANSFER .....................................................................15 <br />Section 7.1. Procedure for Assignment and Transfer. The qualifications and identity of <br />Lessee are of particular concern to Lessor. It is because of those <br />qualifications and identity that Lessor has entered into this Ground Lease <br />with Lessee. Except as otherwise provided below, during the Term of this DRAFT
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