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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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Last modified
11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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[WRIM1Ly1191 <br />least the last 6 months. <br />B. The two (2) single-family detached homes will be restricted for sale to moderate <br />income families earning no more than 120% of the Orange County Area Median Income based on <br />the California Health and Safety Code Section 50052.5 calculation methodology and the median <br />incomes distributed by HUD. <br />C. These Restrictions shall be recorded in the Official Records of the County, and shall <br />remain in first position on title and shall not be subordinated. <br />3.2 Maintenance of the Property: <br />A. Maintenance Reserve Fee. Tenant agrees and covenants, which covenants shall run <br />with the land and bind Tenant, its successors, its assign and every successor in interest to the Property <br />that Tenant will pay to Habitat, as Agent for Lessor, a monthly maintenance reserve fee in an amount <br />established by Habitat sufficient to maintain a reserve fund to pay for any required roof repairs, re- <br />painting, landscaping and pest control/remediation for the Restricted Unit on the Premises, which <br />amount shall be established by Habitat, in its sole discretion, and which fees shall be maintained by <br />Habitat in a separate account and used as needed by Habitat for the purpose of paying for any required <br />roof repairs, re -painting, landscaping and pest control/remediation, as determined to be necessary by <br />Habitat and/or the City. Tenant shall allow Habitat and its agents and contractors access to the <br />Premises at reasonable hours to carry out such maintenance by Habitat as Habitat may determine, in <br />its sole discretion. <br />B. Maintenance. Tenant agrees to maintain the roofing, exterior paint, and the landscaping in <br />a clean and good condition and repair in compliance with all applicable housing quality standards and <br />state and local code requirements, and keep the Property free from any accumulation of debris and <br />waste materials. If at any time Tenant fails to maintain, or cause to be maintained, the roofing, exterior <br />paint, and landscaping as required, and said condition is not corrected after the expiration of a <br />reasonable period of time not to exceed thirty (30) days from the date of written notice from the City, <br />unless such condition cannot reasonably be cured within thirty (30) days, in which case Tenant shall <br />have such additional time as reasonably necessary to complete such cure, the City may perform the <br />necessary maintenance and Tenant shall pay all reasonable costs incurred for such maintenance from <br />the maintenance reserve fund detailed in section 3.2(A) above. <br />C. Monitoring. Tenant shall allow the City to conduct periodic inspections of the roof, <br />exterior paint, or landscaping after the date of construction completion, with reasonable notice. Tenant <br />shall cure any defects or deficiencies found by the City while conducting such inspections within <br />thirty (30) days of written notice thereof, or such longer period as is reasonable within the sole <br />discretion of the City. <br />3.3 Obligation to Refrain from Discrimination: <br />A. In Use of Property. Any party subject to the terms of these Affordability and <br />Maintenance Restrictions covenants and agrees that there shall be no discrimination against or <br />segregation of any person or group of persons on account of race, color, creed, religion, disability, <br />
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