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BRANDYWINE ACQUISITION GROUP, LLC
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Last modified
8/18/2022 12:04:16 PM
Creation date
8/18/2022 11:40:59 AM
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Contracts
Company Name
BRANDYWINE ACQUISITION GROUP, LLC
Contract #
A-2022-161
Agency
Community Development
Council Approval Date
8/16/2022
Expiration Date
8/16/2077
Destruction Year
2082
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4.7 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for <br />the reasonable approval of City a "Management Plan" which sets forth in detail the property <br />management duties, a purchaser selection process in accordance with this Agreement, a security <br />system (comprised of security cameras with audio voice down capability) and crime prevention <br />program, the rules and regulations for the Property and manner of enforcement, an operating <br />budget, the identity and emergency contact information of the professional property management <br />company to be contracted with to provide property management services at the Property <br />("Property Management Company"), and other matters relevant to the management of the <br />Property. The Management Plan shall require Developer to adhere to a fair sale and grievance <br />procedure. The management of the Property shall be in compliance with the Management Plan as <br />approved by City. <br />If City determines that the performance of the Property Management Company is deficient <br />based upon the standards set forth in the approved Management Plan and in this Agreement, City <br />shall provide written notice to Developer of such deficiencies and Developer shall use <br />commercially reasonable efforts to correct such deficiencies. In the event that such deficiencies <br />have not been cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, <br />then unless actions to commence a cure are taken within 30 days and continued thereafter with <br />diligence, City shall have the right to require Developer to immediately remove and replace the <br />Property Management Company with another property management company which is reasonably <br />acceptable to the City Manager, which is not related to or affiliated with Developer, and which has <br />not less than five (5) years' experience in property management, including significant experience <br />managing housing facilities of the size, quality and scope of the Project. Developer agrees to give <br />City notice of the proposed replacement Property Management Company. Such proposed <br />replacement Property Management Company shall be subject to the City's approval (with such <br />approval not to be unreasonably withheld, conditioned or delayed). <br />4.8 Reserved. <br />4.9 Selection of Purchasers. <br />4.9.1 Developer shall review the selection of purchasers for the Affordable Units <br />in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each <br />Affordable Unit shall be sold to Eligible Households. <br />4.9.2 Local preference for Santa Ana residents and workers in purchaser selection <br />for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and <br />regulations governing nondiscrimination and preferences in housing occupancy required by the <br />State of California, the Developer shall give preference or cause for the preference in selling the <br />Affordable Units to households that live and/or work in the City of Santa Ana.. <br />4.9.3 Prior to the sale of an Affordable Unit, Developer shall require the purchaser <br />or cause for the purchaser to be required to complete an Income Verification Form (in substantially <br />the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is <br />an Eligible Household and otherwise meet(s) the eligibility requirements established for the <br />
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