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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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Last modified
2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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N Management Agreement. Owner shall submit a copy of the proposed <br />management agreement specifying the amount of the management fee, and the relationship and <br />division of responsibilities between Owner and Management Agent. <br />(c) Annual Budget and Projected Cash Flows. Prior to the issuance of a <br />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 reasonably 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, City shall provide Owner with notice thereof <br />which notice shall include a reasonable cure period not less than thirty (30) days. If the <br />deficiencies have not been cured within the cure period provided in the City notice Owner shall <br />change the management agent or the practices complained of, upon receipt of written notice from <br />the City Manager. The City Manager may require Owner to change management practices or to <br />terminate the management contract and designate and retain a different management agent. The <br />management agreement shall provide that it is subject to termination by Owner without penalty, <br />upon thirty (3 0) days prior written notice, at the direction of the City Manager. Within ten (10) <br />days following a direction of the City Manager to replace the management agent, the Owner <br />shall select another management agent or make other arrangements satisfactory to the City <br />Manager or designee for 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. Reserved. <br />K. Records and Audits. <br />a. Owner shall maintain the following general program records, and make them <br />available for inspection by the City, the State or HUD: <br />(1) records which demonstrate compliance with the Equal Opportunity and <br />Fair Housing requirements outlined in these Restrictions, including: <br />(A) data on the extent to which each racial and ethnic group and single <br />head of household (by gender of head of household) have applied for, participated in, or <br />benefited from, any program or activity funded in whole or in part with NSP funds; <br />.o l x • <br />
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