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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 />sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, <br />tenure or enjoyment of the Property nor shall Habitat itself or any person claiming under or through <br />it establish or permit any such practice or practices of discrimination or segregation with reference to <br />the 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 Fair Housing <br />Act (42 U.S.C. 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975, <br />and all implementing regulations. <br />B. In Affordable Housing Restrictions. Any party subject to the terms of these <br />Affordability and Maintenance Restrictions shall not refuse to sell a unit to a holder of a rental voucher <br />under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder of a comparable document <br />evidencing participation in a federally funded tenant -based assistance program because of the status <br />of the prospective tenant as a holder of such certificate of family participation, rental voucher, or <br />comparable tenant -based assistance document. <br />4. Miscellaneous Provisions: <br />A. Any sales prices of any of the Restricted Units must be for an amount not more than <br />what is affordable to a moderate income family earning no more than 120% of the Orange County <br />Area Median Income based on the California Health and Safety Code Section 50052.5 calculation <br />methodology and the median incomes distributed by HUD. <br />B. The covenants established in these Restrictions shall be binding for the benefit of <br />and in favor of the City and its respective successors and assigns, without regard to technical <br />classification and designation. These Restrictions shall remain in effect for the Term of <br />Affordability. The covenants against discrimination shall remain in effect for the period of these <br />Restrictions. <br />C. The City is the beneficiary of the terms and provisions of these Restrictions and the <br />covenants herein, both for and in its own right and for the purposes of protecting the interests of <br />the community and other parties, public or private, for whose benefit these Restrictions and the <br />covenants running with the land have been provided. The City shall have the right if the covenants <br />are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in <br />equity or other proper proceedings to enforce the curing of such breaches to which they or any <br />other beneficiaries of these Restrictions and covenants are entitled. <br />D. The covenants and agreements contained herein shall run with the land and shall <br />remain in effect for the Term of Affordability. <br />E. Upon a Transfer of the Property, the transferee will be obligated to meet with the <br />Agent prior to closing of the Transfer to review the terms of these Restrictions and requirements <br />of the transferee therein. Any failure of transferee to meet with the Agent as required would <br />constitute a default under these Restrictions. <br />80A-52 <br />
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