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55A - AGMT LEGACY APARTMENTS
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55A - AGMT LEGACY APARTMENTS
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12/10/2020 5:00:39 PM
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12/10/2020 4:55:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
12/15/2020
Destruction Year
2025
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alternative rental subsidies are available, the City will review and consider <br />such rental increase. <br />7.3 Rent Increases: On an annual basis, the City shall confirm the Developer's <br />submission of the maximum allowable schedule of rents for the Property which shall <br />correspond to the maximum rent levels allowed by TCAC. In no event can Developer charge <br />any tenant more than such amount. <br />7.4 Maintenance of the Property. Solely at Developer's expense, Developer <br />agrees to maintain the Property in a clean and orderly condition and in good condition and <br />repair and keep the Property free from any accumulation of debris and waste materials. If at <br />any time Developer fails to maintain, or cause to be maintained, the Property as required by <br />this section, and said condition is not corrected after the expiration of a reasonable period of <br />time not to exceed thirty (30) days from the date of written notice from the City, unless such <br />condition cannot reasonably be cured within thirty (30) days, in which case Developer shall <br />have such additional time as reasonably necessary to complete such cure, the City may <br />perform the necessary maintenance and Developer shall pay all reasonable costs incurred for <br />such maintenance. The City shall inspect the Property annually after the date of issuance of <br />the Certificate of Completion as described in Section 17 of this Agreement. <br />7.5 Obligation to Refrain from Discrimination. Developer covenants and agrees <br />for itself, its successors, its assigns and every successor in interest to the Property or any part <br />thereof, that there shall be no discrimination against or segregation of any person or group of <br />persons on account of race, color, creed, disability, religion, sex, marital status, ancestry or <br />national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of <br />the Property nor shall Developer itself or any person claiming under or through him establish <br />or permit any such practice or practices of discrimination or segregation with reference to the <br />selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or <br />vendees of the Property. The foregoing covenants shall run with the land and shall remain in <br />effect for the term of the Agreement. <br />S. DEFAULTS AND <br />8.1 Event of Default. Failure or delay by either party to perform any term or <br />provision of this Agreement within the time periods provided herein for such performance <br />constitutes a default under the Agreement. If any party defaults in performance of its <br />obligations, covenants or agreements hereunder, the defaulting party shall be entitled to cure <br />the default in accordance with this section. The injured party shall give written notice of <br />default to the party in default, specifying the default complained of by the injured party. Delay <br />in giving such notice shall not constitute a waiver of any default nor shall it change the time <br />of default. The defaulting party must, within thirty (30) days following service of said written <br />notice, commence to cure, correct or remedy such failure or delay and shall complete such <br />cure, correction, or remedy with reasonable diligence. Upon a default by Developer which is <br />not cured within thirty (30) days following service of said notice, unless such default cannot <br />reasonably be cured within thirty (30) days, in which case Developer shall have such <br />additional time as reasonably necessary to complete such cure but no more than ninety (90) <br />days, the City shall have the right to terminate this Agreement by delivery of written notice <br />of termination to Developer. <br />55A-29 <br />
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