Laserfiche WebLink
nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional <br />facilities, halfway houses, housing for students, or dormitories (including farmworker <br />dormitories). <br />Section 4.2 Taxes and Assessments. The Affordable Developer shall pay all real and <br />personal property taxes, assessments and charges and all franchise, income, employment, old age <br />benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and <br />in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to <br />the Affordable Development; provided, however, that Affordable Developer shall have the right <br />to contest in good faith, any such taxes, assessments, or charges. In the event Affordable Developer <br />exercises its right to contest any tax, assessment, or charge against it, Affordable Developer, on <br />final determination of the proceeding or contest, shall immediately pay or discharge any decision <br />or judgment rendered against it, together with all costs, charges and interest. Nothing herein shall <br />prohibit Affordable Developer from applying for and obtaining the welfare tax exemption pursuant <br />to Section 214(g) of the California Revenue and Taxation Code. <br />Section 4.3 Notice of Litigation. Affordable Developer shall promptly notify the City <br />in writing of any litigation materially affecting Affordable Developer or Affordable Development <br />and of any claims or disputes that involve a material risk of such litigation. <br />Section 4.4 Insurance Requirements. For the entire Term, the Affordable Developer and <br />its successors and assigns acquiring title to the Affordable Site shall obtain, at their expense, <br />comprehensive general liability insurance for Affordable Development, naming the City as an <br />additional named insured with limits of not less than Two Million Dollars ($2,000,000) per <br />occurrence and Four Million Dollars ($4,000,000) general aggregate, for bodily injury and death <br />and property damage, including coverages for contractual liability and products and completed <br />operations, purchased by Affordable Developer or its successors or assigns from an insurance <br />company duly licensed to engage in the business of issuing such insurance in the State, with a <br />current Best's Key Rating A -VII or better, such insurance to be evidenced by an endorsement <br />which so provides and delivered to the City prior to the issuance of any building permit for any <br />portion of the Affordable Development. <br />Section 4.5 Section 8 Certificate Holders. The Affordable Developer will accept as <br />residents, on the same basis as all other prospective residents, persons who are recipients of federal <br />certificates or vouchers for rent subsidies pursuant to the existing housing program under Section <br />8 of the United States Housing Act, or its successor. The Affordable Developer shall not apply <br />selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria <br />applied to all other prospective residents, nor shall the Affordable Developer apply or permit the <br />application of management policies or lease provisions with respect to the Affordable <br />Development which have the effect of precluding occupancy of units by such prospective <br />Residents. <br />ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT— EXHIBIT G— RESTRICTIVE COVENANTS ACR <br />REV: 10-22-24 VR <br />Page 14 of 41 <br />