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Reso25 16296
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Reso25 16296
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4/29/2025 3:59:13 PM
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4/29/2025 3:56:21 PM
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Resolution
Date
4/28/2025
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to occupancy of the Affordable Units for a period of at least five (5) years. The City shall notify <br />Affordable Developer of any records it deems insufficient. Affordable Developer shall have thirty <br />(30) days after the receipt of such a notice to correct any deficiency in the records specified by the <br />City in such notice, or if a period longer than thirty (30) days is reasonably necessary to correct <br />the deficiency, then Affordable Developer shall begin to begin to correct the deficiency within <br />thirty (30) day and correct the deficiency as soon as reasonably possible. <br /> <br />Section 3.5 On-site Inspection. The City shall have the right to perform an on-site <br />inspection of Affordable Development at least one (1) time per year upon forty-eight hours (48) <br />prior written notice and subject to the rights of Residents under their respective leases during <br />reasonable business hours. Affordable Developer agrees to cooperate in such inspection. <br /> <br />ARTICLE 4 <br />OPERATION OF THE AFFORDABLE DEVELOPMENT <br /> <br />Section 4.1 Residential Use. Affordable Development shall be operated only for <br />residential use. No part of Affordable Development shall be operated as transient housing in which <br />the term of occupancy is less than thirty (30) days. No part of the Affordable Development may <br />be operated as an emergency shelter (including shelter for disaster victims) or facilities such as <br />nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional <br />facilities, halfway houses, housing for students, or dormitories (including farmworker <br />dormitories). <br /> <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 /> <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 /> <br />Section 4.4 Insurance Requirements. For the entire Term, the Affordable Developer or <br />its successors and assigns acquiring title to the Affordable Site shall obtain, at their expense, <br />commercial liability insurance for Affordable Development, naming the City as an additional <br />named insured for the amount of Two Million ($2,000,000.00) per occurrence. If the submitted <br />policies contain aggregate limits, such limits will apply separately to the Affordable Site, or the <br />aggregate will be twice the required per occurrence limit. The General Liability policy will have <br />comprehensive coverage for bodily injury and death and property damage, including coverages <br />for contractual liability and products and completed operations, purchased by Affordable <br />ATTY/RESO.0029/CC RESO APPROVING ARCHITECTUAL PERMIT, TENTATIVE PARCEL MAP (920 SHASTA) - EXHIBIT C <br />REV: 04-22-25 VR <br /> <br />Page 178 of 224
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