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WESTVIEW HOUSE L (6).P
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WESTVIEW HOUSE L (6).P
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Last modified
7/6/2022 12:10:09 PM
Creation date
7/6/2022 12:04:05 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-084
Agency
Community Development
Council Approval Date
5/17/2022
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the development of the Project, such excess shall be considered the "Cost Savings" for the <br />Project. <br />(c) Allocation of Cost Savings Amount. First to Pay the City Share of <br />Cost Savings as Payment of Principal on City/Inclusionary Housing Program Loan Note. <br />Once determined by the Audit pursuant to Section 6.13 above, the full amount of Cost <br />Savings shall be allocated and remitted in the following order: (a) first, Developer shall <br />retain fifty (50%) of Cost Savings, and (b) second, Developer shall pay to the City the City <br />Share of Cost Savings which shall be utilized as principal payment due on the <br />City/Inclusionary Housing Program Loan Note. <br />(d) Timing of Allocation and Payment of Cost Savings. In the event of <br />any Cost Savings, the payment of the City Share of Cost Savings shall become due and <br />payable no later than sixty (60) days after Developer receives its final Tax Credit equity <br />payment for the Project, and each of such payments shall be allocated and remitted in a <br />lump sum, and as applicable credited toward the respective amount outstanding under the <br />City/Inclusionary Housing Program Loan Note. <br />6.14. Standard Form Leases. On or before issuance of the Certificate of <br />Completion, Developer shall submit to City for its written approval a standard form of <br />residential lease to be used for leasing of the Project (the "Standard Lease"). The Standard <br />Lease shall be in compliance with all applicable laws and Developer shall be obligated to <br />revise said Standard Lease from time to time to comply with any changes in said applicable <br />laws. <br />6.15. Leasing Program. Developer shall market and lease the Project consistent <br />with the Marketing Plan approved by the City. <br />6.16. No Changes. Developer shall not materially modify the approved Standard <br />Lease or materially deviate from the approved rental rate schedule for the Units without <br />the City's prior written consent in each instance. <br />6.17. Landlord's Obligations. Developer shall timely and in good faith, perform <br />all obligations required to be performed by it as landlord under any lease affecting any part <br />of the Project or any space within the Project. If any tenant at any time claims any breach <br />of landlord's obligations and the amount of such claim (in excess of available insurance <br />coverage) is $10,000 or more, Developer shall promptly notify City of such claim. <br />Section 7. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE <br />OF THE PROPERTY <br />7.1. Use Covenants and Restrictions. <br />(a) The Project shall consist of eighty-five (85) units, including one (1) <br />on -site manager's unit(s). Developer agrees and covenants, which covenants shall run with <br />the land and bind Developer, its successors, its assigns and every successor in interest to <br />the Property that Developer will make all rental units on the Property available to <br />14 <br />Westview House <br />City Hiclusionary Housing Program Loan Agreement <br />
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