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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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person, whether a natural person or a legal entity), including any such <br />release or disclosure that violates any applicable State, federal or other local <br />laws, ordinances, regulations, or codes, by the City or its officers, <br />employees, agents and/or personnel and such unauthorized release or <br />disclosure is due to the fraud, gross negligence or willful misconduct by the <br />City or such officers, employees, agents and/or personnel. <br />3.4 Construction and Maintenance of the Property: <br />A. Construction and Maintenance. Solely at Developer's expense, Developer agrees to <br />maintain the Property (and all abutting grounds, sidewalks, roads, parking and landscape areas which <br />Developer is otherwise required to maintain) in a clean and good condition and repair in compliance <br />with all applicable housing quality standards and state and local code requirements, and keep the <br />Property free from any accumulation of debris and waste materials. City, and any of its employees, <br />agents, contractors or designees, shall have the right to enter upon the Property at reasonable times <br />and in a reasonable manner to inspect the Project. If at any time Developer fails to maintain, or cause <br />to be maintained, the Property as required by this section, and said condition is not corrected after the <br />expiration of a reasonable period of time not to exceed thirty (30) days from the date of written notice <br />from the City, unless such condition cannot reasonably be cured within thirty (30) days, in which case <br />Developer shall have such additional time as reasonably necessary to complete such cure, the City <br />may 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 the <br />Certificate of Completion as described in Section 17 of the Agreement. <br />B. Renovations. Following issuance of a Certificate of Completion, Developer shall <br />not remove, demolish or materially alter any Improvement without City's prior consent, except to <br />make non-structural repairs that preserve or increase the Property's value, and shall promptly <br />restore, in a good and professional manner, any Improvement (or other aspect or portion of the <br />Property) that is damaged or destroyed from any cause, subject to Force Majeure. <br />C. Handicapped Accessibility. Developer shall comply with: (a) Section 504 of the <br />Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C; and (b) the Americans <br />with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to make the <br />Project readily accessible to and usable by individuals with disabilities. <br />D. Local Sourcing Plan. Developer agrees to make a good faith effort to encourage <br />contractors and suppliers to hire and procure locally. The City has reviewed and approved <br />Developer's local sourcing plan for the Project targeting, to the extent feasible, the hiring of <br />qualified workers, construction contractors, or the purchasing of goods locally within the City of <br />Santa Ana. <br />E. Lead -Based Paint. Developer shall comply with the requirements, as applicable of <br />the Lead -Based Paint Poisoning Prevention Act. <br />F. Equal Opportunity and Fair Housing. Developer shall carry out the construction <br />and perform its obligations under this Agreement in compliance with all of the state and federal <br />9 <br />55A-72 <br />
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