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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
16
Date
12/7/2021
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<br />(c) Any other reports issued by other monitoring agencies. <br /> <br />(2) All records pertaining to each Calendar Year must be retained for the most <br />recent five year period; records of individual tenant income verifications, <br />Project rents and Project inspections must be retained for the most recent <br />five year period, until five years after the Affordability Period terminates. <br />The Agency, the State, and/or their representatives shall have unrestricted <br />reasonable access to all locations, books, and records for the purpose of <br />monitoring, auditing, or otherwise examining said locations, books, and <br />records with or without prior notice. <br /> <br />(3) If so directed by the Agency upon termination of the Loan Agreement, <br />Developer shall cause all records, accounts, documentation and all other <br />materials relevant to the work to be delivered to the Agency, as <br />depository. <br /> <br />(4) All records, accounts, documentation and other materials relevant to the <br />Project shall be accessible at any time to the authorized representatives of <br />the agency on reasonable prior notice, for the purpose of examination or <br />audit. <br /> <br /> <br />(5) The Agency shall perform an annual audit at the close of each Calendar <br />Year in which these Restrictions are in effect. Developer shall reasonably <br />cooperate with Agency in performing such audit. <br /> <br />(6) Developer shall permit the Agency to perform an Annual Physical <br />Inspection of the Property with at least ten (10) Business Days notice. <br />Developer shall cooperate with this Inspection and shall take all steps <br />necessary to quickly correct any code deficiencies identified during the <br />Inspection.. <br /> <br />F. If there is a discrepancy between local, state and federal law with regard to any of <br />the aforementioned covenants, the more stringent shall apply. <br /> <br />G. The Agency is the beneficiary of the terms and provisions of these Restrictions <br />and the covenants herein, both for and in its own right and for the purposes of protecting the <br />interests of the community and other parties, public or private, for whose benefit these <br />Restrictions and the covenants running with the land have been provided. Notwithstanding the <br />foregoing, no person or entity, other than Agency, City and Developer shall have any right of <br />action based upon any provision of these Restrictions. The Agency shall have the right if the <br />covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits <br />at law or in equity or other proper proceedings to enforce the curing of such breaches to which <br />they are entitled. <br /> <br />EXHIBIT 4
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