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25K - NEIGHBORHOOD STABILIZATION PROGRAM
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25K - NEIGHBORHOOD STABILIZATION PROGRAM
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1/3/2012 4:11:05 PM
Creation date
2/24/2010 3:51:48 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25K
Date
3/1/2010
Destruction Year
2015
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704. Maintenance of Drug-Free Workplace. Developer shall certify that Developer <br /> <br /> will provide adrug-free workplace in accordance with 24 CFR 84.13. <br /> 705. Books and Records. Developer shall maintain complete books of account and <br /> other records, reports and information, as the Executive Director may reasonably require, <br /> reflecting its operations (in connection with any other businesses as well as with respect to the <br /> NSP Assisted Units), in accordance with generally accepted accounting principles applied on a <br /> consistent basis or in accordance with such other principles or methods as are reasonably <br /> acceptable to City, to meet the record keeping and reporting requirements required of it in <br /> accordance with 24 CFR 92.508. <br /> 706. Equal Opportunity and Fair Housing. Developer shall carry out the <br /> Rehabilitation and perform its obligations under this Agreement in compliance with all of the <br /> state and federal laws and regulations regarding equal opportunity and fair housing described in <br /> 24 CFR 92.350. Developer must also follow the requirements of Health and Safety Code section <br /> 33435. <br /> 707. Conflict of lnterest. Developer shall comply with and be bound by the conflict of <br /> interest provisions set forth at 24 CFR 570.611, as well as state regulations pertaining to conflict <br /> of interest. <br /> 708. Program Income. When the City receives repayment from sales of the Properties, <br /> such funds are "Program Income". Program Income received by the City will be used for NSP <br /> activities. Program Income and reallocated funds identified for the single family component will <br /> be added to the Agreement with Developer. Developer agrees to comply fully with all federal, <br /> state, and local laws applicable to its operation whether or not referred to in this Agreement. <br /> 800. DEFAULTS, REMEDIES, TERMINATION <br /> 801. Default Remedies. Failure by either party to perform any action or covenant <br /> required by this Agreement within the time periods provided herein following notice and failure <br /> to cure as described hereafter, constitutes a "Default" under this Agreement. A party claiming a <br /> Default shall give written notice of Default to the other party specifying the Default complained <br /> of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute <br /> any proceeding against any other party, and the other party shall not be in Default if such party <br /> within thirty (30) days from receipt of such notice immediately, with due diligence, commences <br /> to cure, correct or remedy such failure or delay and shall complete such cure, correction or <br /> remedy with diligence. <br /> 802. Institution of Legal Actions. In addition to any other rights or remedies and <br /> subject to the restriction otherwise set forth in this Agreement, either party may institute and <br /> action at law or equity to seek specific performance of the terms of this Agreement, or to cure, <br /> correct or remedy any Default, to recover damages for any Default, or to obtain any other <br /> remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in <br /> the Courts of the County of Orange, State of California, or in the District of the United States <br /> District Court in which such county is located. <br /> 14 <br /> 25K-30 <br /> <br />
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