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25B - AGMT - CDBG HOUSING LOAN
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25B - AGMT - CDBG HOUSING LOAN
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Last modified
1/28/2016 4:31:05 PM
Creation date
1/28/2016 3:47:48 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/2/2016
Destruction Year
2021
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certificate of occupancy for the Project, and annually thereafter not later than one hundred fifty <br />(150) days after the close of each calendar year thereafter, Owner shall submit a projected <br />operating budget and cash flow to the City Project Manager. The budget and cash flow shall be <br />in a form that is acceptable to the City Project Manager. <br />(d) Tenant Selection Policies. Owner shall include in the Management Plan <br />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 in <br />accordance with the approved Management Plan, Owner shall change the management agent or <br />the practices complained of, upon receipt of written notice from the City Manager. The City <br />Manager may require Owner to change management practices or to terminate the management <br />contract and designate and retain a different management agent. The management agreement <br />shall provide that it is subject to termination by Owner without penalty, upon thirty (30) days <br />prior written notice, at the direction of the City Manager. Within ten (10) days following a <br />direction of the City Manager to replace the management agent, the Owner shall select another <br />management agent or make other arrangements satisfactory to the City Manager or designee for <br />continuing management of the units. <br />I. The covenants established in these Restrictions and any amendments hereto approved by the <br />City, and Owner shall, without regard to technical classification and designation, be binding for <br />the benefit and in favor of the City and their respective successors and assigns. These <br />Restrictions shall remain in effect for fifty -five (55) years. In its discretion, the City may defer <br />repayment of the Loan or the City may agree to such reasonable modifications to the <br />requirements of these Restrictions, as they may determine are necessary for the continued <br />maintenance and operation of the Restricted Units. The covenants against discrimination shall <br />remain in effect for the period of these Restrictions. <br />J. Owner shall not request disbursement of City funds until the funds are needed to pay eligible <br />costs. The City shall have the right to disapprove any request if the City determines the request <br />is for an ineligible item or is otherwise not in compliance with or inconsistent with the Loan <br />Agreements and these Restrictions [24 CFR 92.504 (c)(10)]. <br />K. Owner shall prepare, maintain and submit to the City, as appropriate, the following records <br />and reports in compliance with 24 CFR 92.504 (c) (12): <br />a. Annual Reports. Owner shall file with the City an Annual Report (herein referred <br />to as the "Annual Report") within one hundred fifty (150) days following the end of each <br />calendar year, commencing the Calendar Year following the issuance of the Certificate of <br />Completion. The Annual Report shall contain a certification by Owner as to such information as <br />the City Project Manager may then require, including, but not limited to, the following: <br />(1) The fiscal condition of the Project, including the Annual Budget and <br />Project Cash Flow report required by Section 4.G. (c) of the this Agreement which shall include <br />an audited financial statement for the previous calendar year that includes a balance sheet and a <br />profit and loss statement indicating any surplus or deficit in operating accounts; a detailed <br />itemized listing of income and expenses; and the amounts of any fiscal reserves. Such Annual <br />25B -61 <br />
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