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55A - AGMT LEGACY APARTMENTS
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12/15/2020
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55A - AGMT LEGACY APARTMENTS
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Last modified
12/10/2020 5:00:39 PM
Creation date
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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property remaining in the Restricted Unit after the tenant has moved out of <br />the Restricted Unit. The Developer may dispose of this personal property <br />in accordance with state law; <br />(3) Agreement by the tenant not to hold the Developer or the Developer's agent <br />legally responsible for any action or failure to act, whether intentional or <br />negligent; <br />(4) Agreement of the tenant that the Developer may institute a lawsuit without <br />notice to the tenant; <br />(5) Agreement by the tenant that the Developer may evict the tenant or <br />household members without instituting a civil court proceeding in which <br />the tenant has the opportunity to present a defense, or before a court decision <br />on the rights of the parties; <br />(6) Agreement by the tenant to waive any right to a trial by jury; <br />(7) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise <br />challenge in court, a court decision in connection with the lease; and, <br />(8) Agreement by the tenant to pay attorney's fees or other legal costs even if <br />the tenant wins in a court proceeding by the Developer against the tenant. <br />The tenant, however, may be obligated to pay costs if the tenant loses. <br />B. Developer, its successors or assigns, must adhere to state law requirements with <br />regard to termination of tenancy. <br />C. Developer shall comply with and be bound by the conflict of interest provisions set <br />forth in all applicable state regulations pertaining to conflict of interest. <br />D. The covenants established in these Restrictions, and any amendments hereto <br />approved by the City, shall be binding for the benefit of and in favor of the City and its respective <br />successors and assigns, without regard to technical classification and designation. These <br />Restrictions shall remain in effect for fifty-five (55) years from the date of issuance of the <br />Certificate of Occupancy for the Project, or repayment of the Inclusionary Loan, whichever is <br />longer. In its discretion, the City may defer repayment of the Loan or the City may agree to such <br />reasonable modifications to the requirements of these Restrictions, as the City may determine are <br />necessary for the continued maintenance and operation of the Restricted Units. The covenants <br />against discrimination shall remain in effect for the period of these Restrictions. Upon expiration <br />of the Restrictions in accordance with this paragraph, the City shall execute and record a release. <br />E. Records and Audits. <br />(1) Owner shall maintain the following general program records, and make <br />them available for inspection by the City, the State or HUD: <br />15 <br />55A-78 <br />
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