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80A - JOINT - AMEND NSP
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80A - JOINT - AMEND NSP
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Last modified
9/16/2013 8:54:33 AM
Creation date
9/12/2013 5:48:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
9/16/2013
Destruction Year
2018
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debris or waste materials. Owner shall also maintain in a healthy condition any <br />landscaping planted on the Property. <br />F. Owner covenants and agrees for itself, its successors, its assigns and every successor <br />in interest to the Property or any part thereof, there shall be no discrimination against or <br />segregation of any person, or group of persons, on account of race, color, creed, religion, <br />disability, sex, marital status, national origin or ancestry in the sale, lease, transfer, use, <br />occupancy, tenure or enjoyment of the Property nor shall the Owner itself or any person <br />claiming under or through it establish or permit any such practice or practices of <br />discrimination or segregation with reference to the selection, location, number, use or <br />occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, as <br />required by the Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. <br />3601-20) and all implementing regulations, and the Age Discrimination Act of 1975, and <br />all implementing regulations. <br />G. Not later than the closing for the construction loan for the Project, Owner shall submit <br />to the City Project Manager a Management Plan in a form that is acceptable including, <br />but not limited to, the components listed below. Approval of the Management Plan must <br />be obtained from the City Project Manager not later than the time for the issuance of a <br />certificate of occupancy for the Project. Owner shall manage the NSP Assisted Units in <br />accordance with the approved Management Plan, including such amendments as may be <br />approved in writing from time to time by the City Project Manager, for the term of the <br />income and rent restrictions contained in these Restrictions. The components of the <br />Management Plan shall include: <br />(a) Management Agent. Owner shall submit the name and <br />qualifications of the proposed Management Agent. The City Project Manager shall <br />approve or disapprove the proposed Management Agent in writing based on the <br />experience and qualifications of the Management Agent. The City hereby approves <br />Advanced Property Services as the proposed Management Agent for the Project. <br />(b) Management Agreement. Owner shall submit a copy of the <br />proposed management agreement specifying the amount of the management fee, and the <br />relationship and division of responsibilities between Owner and Management Agent. <br />(c) Annual Budget and Protected Cash Flows. Prior to the issuance <br />of a certificate of occupancy for the Project, and annually thereafter not later than one <br />hundred fifty (150) days after the close of each calendar year thereafter, Owner shall <br />submit a projected operating budget and cash flow to the City Project Manager. The <br />budget and cash flow shall be in a form that is acceptable to the City Project Manager. <br />(d) Tenant Selection Policies. Owner shall include in the Management <br />Plan the tenant selection policies in accordance with Section 4, above. <br />H. If at any time the City determines that the units are not being managed or maintained <br />in accordance with the approved Management Plan, Owner shall change the management <br />agent or the practices complained of, upon receipt of written notice from the City <br />54 <br />80A-110
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