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DEPOT AT SANTIAGO, LP - 2013
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DEPOT AT SANTIAGO, LP - 2013
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Last modified
6/9/2014 1:25:43 PM
Creation date
9/30/2013 10:28:15 AM
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Contracts
Company Name
DEPOT AT SANTIAGO, LP
Contract #
A-2013-072
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
5/20/2013
Destruction Year
0
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Loan Documents, and (c) Developer has furnished City with a bond or other security satisfactory <br />in an amount not less than 100% of the applicable claim (including interest and penalties). <br />12.3.2 Evidence of Payment. Upon demand by City from time to time, <br />Developer shall deliver to City, within thirty (30) days following the due date of any Imposition, <br />evidence of payment reasonably satisfactory to City. <br />12.3.3 Books and Records. Developer shall maintain complete books of account <br />and other records reflecting its operations (in connection with any other businesses as well as <br />with respect to the Property), in accordance with generally accepted accounting principles <br />applied on a consistent basis or in accordance with such other principles or methods as are <br />reasonably acceptable to City, in accordance with 24 CFR 92.508. <br />12.4 Payment of Fees. Developer shall pay annually to City on December 1 of each year, <br />monitoring and administrative fees described in the Bond Regulatory Agreement between the <br />Housing Authority of the City of Santa Ana and the Developer, executed upon issuance of bonds <br />pertaining to this Project. <br />12.5 Proiect Operating Budget. Developer must promptly deposit all project income <br />directly into a segregated depository account established exclusively for the Project ( "Project <br />Operating Account "). Withdrawals from this account may be made only in accordance with the <br />provisions of this Agreement and the approved Budget, as it may be revised from time to time <br />with prior City approval. Developer may make withdrawals from this account solely for the <br />payment of project expenses and project fees. Withdrawals from this account for other purposes <br />may be made only with the prior written approval of the City. <br />12.6 Replacement Reserve Account. Developer must establish or cause to be established a <br />segregated interest - bearing replacement reserve depository account ( "Replacement Reserve <br />Account ") no later than sixty (60) days after the Notice of Completion is filed. Developer must <br />make monthly deposits from project income into the Replacement Reserve in accordance with <br />Developer's Budget, as amended from time to time. Developer may withdraw funds from the <br />Replacement Reserve Account solely to fund capital improvements for the Project, such as <br />replacing or repairing structural elements, furniture, fixtures or equipment of the Project that are <br />reasonably required to preserve the Project. Developer may not withdraw funds from the <br />Replacement Reserve Account for any other purpose without the prior written approval of the <br />City. <br />13. NONDISCRIMINATION COVENANTS <br />13.1 Obligation to Refrain from Discrimination. Developer covenants and agrees that: <br />(a) In Use of Property. There shall be no discrimination against or segregation of <br />any person, or group of persons, on account of race, color, creed, disability, religion, sex, marital <br />status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or <br />enjoyment of the Property, nor shall Developer or any person claiming under or through it, <br />establish or permit any such practice or practices of discrimination or segregation with reference <br />26 <br />
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