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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16
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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16
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8/1/2018 9:24:34 AM
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2/14/2018 3:08:18 PM
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City Clerk
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Community Development
Item #
3
Date
1/16/2018
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<br /> 10 <br /> <br /> (f) Agreement by the tenant to waive any right to a trial by jury; <br /> <br /> (g) Agreement by the tenant to waive the tenant's right to appeal, or to <br />otherwise challenge in court, a court decision in connection with the lease; and <br /> <br /> (h) Agreement by the tenant to pay attorney's fees or other legal costs even if <br />the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may <br />be obligated to pay costs if the tenant loses. <br /> <br />D. Owner, its successors or assigns, must adhere to state law requirements with regard to <br />termination of tenancy. <br /> <br />E. Owner shall maintain the improvements on the Property in compliance with housing quality <br />standards as defined by HUD in the federal regulations at 24 CFR 92.504 (c)(6) and state and <br />local code requirements and shall keep the Property free from any unreasonable accumulation of <br />debris or waste materials. Owner shall also maintain in a healthy condition any landscaping <br />planted on the Property. <br /> <br />F. Owner covenants and agrees for itself, its successors, its assigns and every successor in <br />interest to the Property or any part thereof, there shall be no discrimination against or segregation <br />of any person, or group of persons, on account of race, color, creed, religion, disability, sex, <br />marital status, national origin, immigration status, or ancestry in the sale, lease, transfer, use, <br />occupancy, tenure or enjoyment of the Property nor shall the Owner itself or any person claiming <br />under or through it 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, as required by the Title VI of the Civil <br />Rights Act of 1964, the Fair Housing Act (42 U.S.C. 3601-20) and all implementing regulations, <br />and the Age Discrimination Act of 1975, and all implementing regulations. <br /> <br />G. No later than the closing date for the construction loan for the Project, Owner shall submit to <br />the City Project Manager a Management Plan in a form that is acceptable including, but not <br />limited to, the components listed above and below. Approval of the Management Plan must be <br />obtained from the City Project Manager no later than the time for the issuance of a Certificate of <br />Occupancy for the Project. Owner shall manage the Restricted Units in accordance with the <br />approved Management Plan, including such amendments as may be approved in writing from <br />time to time by the City Project Manager, for the term of the income and rent restrictions <br />contained in these Restrictions. The components of the Management Plan shall include: <br /> <br /> (a) Management Agent. Owner shall submit the name and qualifications of <br />the proposed Management Agent. The City Project Manager shall approve or disapprove the <br />proposed Management Agent in writing based on the experience and qualifications of the <br />Management Agent. The City hereby approves FPI Property Management as the initial <br />Management Agent for the Property. <br /> <br /> (b) 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 />EXHIBIT 3 <br />3-71
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