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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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8/24/2015 11:03:28 AM
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8/19/2015 2:54:59 PM
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Company Name
815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS)
Contract #
A-2015-029
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
2/17/2015
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5.3 Rent Increases: On an annual basis, the City shall provide the Developer with the <br />maximum allowable schedule of rents for the Property. In no event can Developer charge <br />any tenant more than such amount. <br />5.4 Prohibited Fees. The Developer and Owner is prohibited from charging fees that <br />are not customary, consistent with HOME Regulations 24 CFR section 92.504(c)(3)(xi). <br />The Developer and Owner can charge reasonable application fees to prospective tenants; <br />other fees (such as laundry) only to the extent that they are reasonable and customary for the <br />project area; and fees for services provided to tenants, provided that these services are not <br />mandatory. <br />5.5 Maintenance of the Property. Solely at Developer's expense, Developer agrees to <br />maintain the Property in a clean and orderly condition and in good condition and repair and <br />keep the Property free from any accumulation of debris and waste materials. If at any time <br />Developer fails to maintain, or cause to be maintained, the Property as required by this <br />section, and said condition is not corrected after the expiration of a reasonable period of time <br />not to exceed thirty (30) days from the date of written notice from the City, unless such <br />condition cannot reasonably be cured within thirty (30) days, in which case Developer shall <br />have such additional time as reasonably necessary to complete such cure, the City may <br />perform the necessary maintenance and Developer shall pay all reasonable costs incurred for <br />such maintenance. The City shall inspect the Property annually after the date of issuance of <br />the Final Inspection Card from the City's Planning and Building Agency as described in <br />Article 17 of this Agreement. During the affordability period, the Property must meet all <br />applicable State and local codes. The Property must be free of all health and safety defects <br />during the affordability period. <br />5.6 Obligation to Refrain from Discrimination. Developer covenants and agrees for <br />itself, its successors, its assigns and every successor in interest to the Property or any part <br />thereof, that there shall be no discrimination against or segregation of any person or group of <br />persons on account of race, color, creed, religion, sex, mental or physical disability, marital <br />status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure <br />or enjoyment of the Property nor shall Developer itself or any person claiming under or <br />through him establish or permit any such practice or practices of discrimination or <br />segregation with reference to the selection, location, number, use or occupancy of tenants, <br />lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall <br />nun with the land and shall remain in effect for the term of the Agreement. <br />6. DEFAULTS AND REMEDIES <br />6.1 Event of Default. Failure or delay by either party to perform any term of provision <br />of this Agreement within the time periods provided herein for such perfonmance constitutes <br />a default under the Agreement. If any party defaults in performance of its obligations, <br />covenants or agreements hereunder, the defaulting party shall be entitled to cure the default <br />in accordance with this section. The injured party shall give written notice of default to the <br />party in default, specifying the default complained of by the injure party. Delay in giving <br />such notice shall not constitute a waiver of any default nor shall it change the time of <br />default. The defaulting party must, within thirty (30) days following service of said written <br />14 <br />
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