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WESTVIEW HOUSE L (9).P
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WESTVIEW HOUSE L (9).P
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Last modified
7/6/2022 12:16:52 PM
Creation date
7/6/2022 12:13:29 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-083
Agency
Community Development
Council Approval Date
5/17/2022
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required) to enter upon the Project and perform all acts and work necessary to protect, <br />maintain and preserve the improvements and landscaped areas on the Project, in the amount <br />of the expenditure arising from such acts and work of protection, maintenance, and <br />preservation by City and/or reasonable costs of such cure, including a fifteen percent (15%) <br />administrative charge, which amount shall be promptly paid by Developer to City upon <br />demand. <br />(c) Removal of Personal Property. During the Term of Agreement, <br />Developer shall not cause or permit the removal from the Project of any items of <br />Developer's personal property (other than tools and equipment used in the operation of the <br />Project) unless (i) no Event of Default remains uncured and (ii) Developer promptly <br />substitutes and installs on the Project other items of equal or greater value in the operation <br />of the Project, all of which shall be free of liens and shall be subject to the liens of the Deed <br />of Trust and the Financing Statement and executes and delivers to City all documents <br />required by City in connection with the attachment of such liens to such items. Developer <br />shall keep detailed records of such removal and shall make such records available to City <br />upon written request from time to time. <br />7.6. Obligation to Refrain from Discrimination. Developer covenants and <br />agrees for itself, its successors, its assigns and every successor in interest to the Property <br />or any part thereof, that there shall be no discrimination against or segregation of any <br />person or group ofpersons on account of race, color, creed, religion, sex, mental orphysical <br />disability, marital status, ancestry or national origin in the sale, lease, sublease, transfer, <br />use, occupancy, tenure or enjoyment of the Property nor shall Developer itself or any <br />person claiming under or through him establish or permit any such practice or practices of <br />discrimination or segregation with reference to the selection, location, number, use or <br />occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The <br />foregoing covenants shall run with the land and shall remain in effect for the term of the <br />Agreement. <br />7.7. Loss of Project -Based Voucher Subsidy. It is anticipated that during the <br />Tern of Agreement the Project will maintain not less than 26 Project -Based Voucher <br />("PBV") Restricted Units ("PBV Restricted Units"), supported by Project -Based Section <br />8 rental subsidy payments (the "Rental Subsidy"). If, during the Tenn of Agreement, there <br />is a reduction, termination or nonrenewal of the Rental Subsidy through no fault of <br />Developer, such that the Rental Subsidy shown on the Project Budget is no longer available <br />(or available in a lesser amount), Developer may request approval of the City (a) to allow <br />households with adjusted incomes that do not exceed sixty percent (60%) of AMI, adjusted <br />for actual household size, to occupy the extremely -low income units (i.e., a unit previously <br />restricted to households with adjusted incomes that do not exceed 30% of AMI), and (b) <br />to increase the rent on one or more of the PBV Restricted Units, to rents that are affordable <br />to households with an adjusted income that does not exceed sixty percent (60%) of AMI, <br />adjusted for household size appropriate for the PBV Restricted Unit. <br />The rent increase is subject to the following requirements: (a) concurrently with the <br />request, Developer shall provide the City with evidence of the anticipated reduction, <br />tennination, or nonrenewal of the Rental Subsidy, (b) a Management Plan (as defined in <br />18 <br />Westview House <br />City HOME Loan Agreement <br />
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