Laserfiche WebLink
selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or <br />vendees of the Property, as required by the Title VI of the Civil Rights Act of 1964, the <br />Fair Housing Act (42 U.S.C. 3601-20) and all implementing regulations, and the Age <br />Discrimination Act of 1975, and all implementing regulations. <br />11. Not later than five (5) business days prior to the execution of the <br />documents, Developer shall submit to the Executive Director a Management Plan in a <br />form that is acceptable to the Executive Director, including, but not limited to, the <br />components listed below. Approval of the Management Plan must be obtained from the <br />Executive Director not later than the time for the Closing. Developer shall manage the <br />Assisted Units in accordance with the approved Management Plan, including such <br />amendments as may be approved in writing from time to time by the Executive Director, <br />for the term of the income and rent restrictions contained in these Restrictions. The <br />components of the Management Plan shall include: <br />(a) Management Agent. Developer shall submit the name and <br />qualifications of the proposed Management Agent. The Executive Director shall approve <br />or disapprove the proposed Management Agent in writing based on the experience and <br />qualifications of the Management Agent. <br />(b) Management Agreement. Developer shall submit a copy of the <br />proposed management agreement specifying the amount of the management fee, and the <br />relationship and division of responsibilities between Developer and Management Agent. <br />(c) Annual Budget and Projected Cash Flows. Prior to the Closing, <br />and annually thereafter not later than ninety (90) days after the close of each calendar year <br />thereafter until the Loan is repaid in full, Developer shall submit a projected operating <br />budget and cash flow to the Executive Director. The budget and cash flow shall be in a <br />form that is acceptable to the Executive Director. <br />(d) Tenant Selection Policies. Developer shall include in the <br />Management Plan the tenant selection policies in accordance with Section 5, above. <br />12. If at any time the Agency determines that the units are not being managed <br />or maintained in accordance with the approved Management Plan, the Agency shall send <br />the Developer a detailed description of the management deficiencies (a "Deficiency <br />Notice"). If the deficiencies set forth in the Deficiency Notice are not cured within thirty <br />(30) days (or such longer period as may be reasonably required to cure the deficiency), the <br />Executive Director may require Developer to change management practices or to <br />terminate the management contract and designate and retain a different management agent. <br />The management agreement shall provide that it is subject to termination by Developer <br />without penalty, upon thirty (30) days prior written notice, at the direction of the Executive <br />Director upon failure to cure a Deficiency Notice within the time period specified above. <br />Within ten (10) days following a direction of the Executive Director to replace the <br />management agent in accordance with the terms hereof, the Developer shall select another <br />management agent or make other arrangements satisfactory to the Executive Director or <br />designee for continuing management of the units. <br />6of11 <br />