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ILLUMINATION FOUNDATION (40)
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ILLUMINATION FOUNDATION (40)
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Last modified
11/14/2024 3:25:41 PM
Creation date
11/7/2024 2:44:51 PM
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Contracts
Company Name
ILLUMINATION FOUNDATION
Contract #
A-2024-169
Agency
Community Development
Council Approval Date
10/15/2024
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Property and Project for no longer than the Total Affordability Term. It is the express intent and <br /> agreement between the Parties that this Agreement shall remain binding and enforceable against <br /> the Property, the Project, and the Units to ensure compliance with the Conditional Grant <br /> Agreement. <br /> 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by <br /> Owner of all required permits for the occupancy of the Units, Owner shall rent or cause to be <br /> rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in <br /> accordance with the terms and conditions set forth in this Agreement, which provide among other <br /> terms and conditions for the rental of each Affordable Unit at an Affordable Rent to Qualified <br /> Residents for the Total Affordability Term. <br /> 4.3 Occupancy Levels. Subject to state or federal laws and regulations, the number of <br /> persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus <br /> one person. For the Shared Housing units and individual bedrooms, the number of persons <br /> permitted to occupy each bedroom shall not exceed two persons. No persons may reside outside <br /> of each individual bedroom, any common area, or otherwise not in a bedroom but within a shared <br /> housing unit. If an Eligible Household, during the terms of its tenancy, adds members that exceed <br /> the maximum occupancy allowed under this section, Owner shall provide written notification <br /> informing the household that: it is over-occupancy; has been placed on a waiting list for up to one- <br /> hundred and eighty(180)days; the expiration date of the waiting list; and the terms for terminating <br /> the lease. A written status update will be provided to the household at one-hundred and twenty <br /> (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable. <br /> 4.4 Use of the Property. All uses conducted on the Property by Owner, including, <br /> without limitation, all activities undertaken by the Owner pursuant to this Agreement, shall <br /> conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, <br /> state, and local laws, rules, and regulations. The Project shall at all times during the term of this <br /> Agreement be used as an affordable rental housing complex and none of the Affordable Units in <br /> the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, <br /> fraternity or sorority house, rooming house, hospital, nursing home, or sanitarium or rest home. <br /> All of the community facilities and any social programs provided to the Project's residents shall <br /> be available on an equal, nondiscriminatory basis to residents of all Units at the Project. <br /> 4.5 Maintenance. Owner shall, at all times during the term of this Agreement, cause <br /> the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of <br /> cause of die disrepair. Owner shall be fully and solely responsible for costs of maintenance,repair, <br /> addition and improvements. City, and any of its employees, agents, contractors or designees shall <br /> have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect <br /> the Project,after providing notice as follows: (i) at least a 24-hour notice to Owner and Tenants of <br /> the Affordable Unit which will be inspected, or(ii) at least 48 hours' notice to Owner, which shall <br /> promptly give notice to Tenants of the Affordable Unit to be inspected. <br /> 4.6 Affordable Rental Lease Agreement. Owner shall prepare a rental lease agreement <br /> for the Affordable Unit ("Affordable Unit Lease Agreement") for the Affordable Unit. All <br /> Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the <br /> household who will occupy the Affordable Unit; and 2) state that the Eligible Household's right <br />
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