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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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Developer establish or permit any such practice or practices of discrimination or segregation <br />with reference to the selection, location, number, use or occupancy of tenants, lessees, <br />subtenants, or vendees of the Property. The foregoing covenants shall run with the land and shall <br />remain in effect in perpetuity. <br />b. Developer shall refrain from restricting the rental, sale or lease of the <br />Property or any portion thereof on the basis of any of the characteristics listed above. Developer <br />shall also comply with the equal opportunity and fair housing requirements set forth in applicable <br />NSP Regulations. The foregoing covenants shall run with the land and remain in effect in <br />perpetuity. <br />17. CERTIFICATE OF COMPLETION <br />Upon satisfactory completion of the construction and upon the request of Developer, or at <br />its own election, the City of Santa Ana shall issue a Certificate of Completion. Such Certificate <br />of Completion shall be, and shall so state, conclusive determination of satisfactory completion of <br />the construction. <br />If City declines to furnish a Certificate of Completion after written request from <br />Developer, the City Project Manager shall, within thirty (30) days after receipt of the request, <br />provide Developer with a written statement of the reasons therefore. The statement shall contain <br />a description of the action Developer must take to obtain a Certificate of Completion. If the <br />reason therefore is that the Developer has not completed a minor portion of the construction, City <br />may, in its sole and absolute discretion, issue the Certificate of Completion upon the posting with <br />City of a bond or other form of security acceptable to the City Project Manager in the amount of <br />the fair value of the uncompleted work. <br />A Certificate of Completion is not evidence of compliance with or satisfaction of the <br />Loan Documents or any obligation of Developer to any other party whatsoever, including any <br />holder of a mortgage or deed of trust. A Certificate of Completion is not "notice of completion" <br />referred to in Section 3093 of the California Civil Code. <br />18. INDEMNIFICATION <br />t8.1 Nonliability of City. Developer acknowledges and agrees that: <br />a. The relationship between Developer and the City is and shall remain <br />solely that of Developer and lender, City neither undertakes nor assumes any responsibility to <br />review, inspect, supervise, approve (other than for aesthetics) or inform Developer of any matter <br />in connection with the construction, including matters relating to: (i) the performance of the <br />construction work, (ii) architects, contractors, subcontractors and materialmen, or the <br />workmanship of or materials used by any of them, or (iii) the progress of the construction; and <br />Developer shall rely entirely on its own judgment with respect to such matters and acknowledges <br />that any review, inspection, supervision, approval or information supplied to Developer by City <br />in connection with such matters is solely for the protection of City and that neither Developer nor <br />any third party is entitled to rely on it; <br />30 <br />80A-86
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