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RecD05 2005-141299
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RecD05 2005-141299
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Last modified
2/22/2006 10:54:10 AM
Creation date
2/22/2006 10:51:05 AM
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Recorded Docs
Recorded Docs - Type
Declaration
Doc Num
2005-141299
Rec Date
8/17/2005
APN
053-093-130 053-093-140
Parties
First Community Housing
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<br />(d) To certify the compliance of the Declarant or its <br />successor with these provisions, the Agency shall have a right to <br />inspect the books and records pertaining to such matters of the <br />then owner(s) or operator(s) of the Property. <br /> <br />(e) Pursuant to 24 CFR 92.303. The Declarant must <br />adhere to a "Fair Lease and Grievance Procedure" approved by the <br />City and must follow the Tenant Participation Plan submitted to the <br />City in accordance with the Agreement. <br /> <br />(f) <br /> <br />Reportina Reauirements <br /> <br />The <br /> <br />Declarant <br /> <br />shall <br /> <br />submit <br /> <br />the <br /> <br />following <br /> <br />reports <br /> <br />as <br /> <br />follows: <br /> <br />1) Direct Benefit Report. When the Project is <br />completed, as evidenced by the issuance of the <br />Certificate of Completion, and is available for rent by <br />qualified tenants, the Declarant shall submit a Direct <br />Benefit Report, in substantially the same form as <br />attached to this Declaration as Attachment No.1, <br />annually on July 15 for the duration of this Declaration <br />of Affordability Covenants; and <br /> <br />2) Occupancy Report. Biannually on every June 30th and <br />December 31st of every year this Declaration is in <br />effect, the Declarant shall submit an Occupancy Report. <br />The form of the Occupancy Report shall be in the <br />discretion of the Developer, so long as the Occupancy <br />Report contains at minimum, the following items: <br /> <br />i) Total number of Units of the Project that are <br />occupied; <br />ii) Total number of Units of the Project that are <br />vacant; <br />iii) Total number of units occupied by households <br />earning 20% of the AMI; <br />iv) Total number of units occupied by households <br />earning 40% of the AMI; and <br />v) Total number of units occupied by households <br />earning 50% of the AMI. <br /> <br />7. Events of Default; Enforcement. In the event of a <br />default in the performance or observance of any covenant, agreement <br />or obligation as set forth in this Declaration and, if such default <br />remains uncured for a period of thirty (30) days after notice <br />thereof shall have been given by the Agency, or such longer period <br />as may be approved by the Agency in writing in its sole discretion, <br /> <br />7 <br /> <br />REDW\OOO6\DOC\O26 <br />
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