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WASHINGTON SANTA ANA HOUSING PARTNERS, L (5).P
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WASHINGTON SANTA ANA HOUSING PARTNERS, L (5).P
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8/10/2022 11:57:32 AM
Creation date
8/10/2022 11:56:53 AM
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Contracts
Company Name
WASHINGTON SANTA ANA HOUSING PARTNERS, L.P
Contract #
A-2022-132-02
Agency
Community Development
Council Approval Date
6/21/2022
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14. Developer shall not request disbursement of HOME funds until the funds are <br />needed to pay eligible costs. The City shall have the right to disapprove any request if the <br />City determines the request is for an ineligible item or is otherwise not in compliance with <br />or inconsistent with the Loan Agreement and these Restrictions [24 CFR 92.504 (c)(10)]. <br />15. Maintenance; Compliance with Law. <br />During the term of these Restrictions, Developer agrees to maintain all interior and <br />exterior improvements, including landscaping, on the Project in good condition, repair and <br />sanitary condition (and, as to landscaping, in a healthy condition) and in accordance with <br />any Management Plan approved by the City under these Restrictions (including without <br />limitation any landscaping and signage), as the same may be amended from time to time, <br />and all other applicable laws, rules, ordinances, orders, and regulations of all federal, state, <br />county, municipal, and other governmental agencies and bodies having or claiming <br />jurisdiction and all their respective departments, bureaus, and officials. Developer <br />acknowledges the great emphasis the City places on quality maintenance to protect its <br />investment and to provide quality low income housing for its constituents and to ensure <br />that all City subsidized affordable housing projects within the City are not allowed to <br />deteriorate due to deficient maintenance. In addition, Developer shall keep the Project free <br />from all graffiti and any accumulation of debris or waste material. Developer shall <br />promptly make all repairs and replacements necessary to keep the Project in good condition <br />and repair and shall promptly eliminate all graffiti and replace dead and diseased plants <br />and landscaping with comparable approved materials. <br />In the event that Developer breaches any of the covenants contained in this Section <br />15 and such default continues for a period of five (5) days after written notice from the City <br />(with respect to graffiti, debris, waste material, and general maintenance) or thirty (30) <br />days after written notice from the City (with respect to landscaping and building <br />improvements), then the City, in addition to whatever other right or remedy it may have <br />under the Loan Agreement, the other Loan Documents, these Restrictions or at law or in <br />equity, shall have the right to enter upon the Project and perform or cause to be performed <br />all such acts and work necessary to cure the default. Pursuant to such right of entry, the <br />City shall be permitted (but is not required) to enter upon the Project and perform all acts <br />and work necessary to protect, maintain and preserve the improvements and landscaped <br />areas on the Project. Developer shall promptly pay to the City, as applicable, the amount <br />of the expenditure arising from such acts and work of protection, maintenance, and <br />preservation by the City and/or costs of such cure, including a fifteen percent (15%) <br />administrative charge. <br />16. Developer shall prepare, maintain and submit to the City, as appropriate, the <br />following records and reports in compliance with 24 CFR 92.504 (c)(12):] <br />16.1. Annual Reports. Developer shall file with the City an Annual Report <br />(herein referred to as the "Annual Report") by June 15th of each calendar year, <br />commencing with the end of the calendar year (or portion thereof) in which the Real Estate <br />Closing occurs. The Annual Report shall contain a certification by Developer as to such <br />information as the City Executive Director may then require, including, but not limited to, <br />11 <br />The Crossroads at Washington <br />City HOME. Affordability Restrictions on Transfer of Property <br />
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