RecDoc 2010-110432 - Laserfiche WebLink

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areas will be swept and scrubbed with disinfectant as necessary. Extermination services will be contracted with to provide a high level of sanitation and cleanliness; and (d) Landscape areas shall be maintained in an attractive and healthy condition. Failure by Declarant to maintain the Property in the condition provided in this Article 3 may, in City's reasonable discretion, constitute a default under this Declaration. ARTICLE 5. NO TRANSFER 5.01 Prohibition. Except with respect to a Permitted Sale (as defined in Section 5.02) or Permitted Transfers (as defined in Section 5.03), Declarant shall not make any total or partial sale, transfer, conveyance, encumbrance to secure financing, assignment or lease of the whole or any part of the Property without the prior written approval of the City. 5.02 Permitted Sale of Property. If Kainos requests consent from City to sell the Property, City, at its sole discretion, may approve the sale subject to conditions which shall include, at a minimum, the following: (i) the sale price must be no less than fair market value as established by an appraisal completed in accordance with federally accepted appraisal practices; (11) the appraiser shall be approved by the City; and (iii) at City's sole discretion, either the transferee must be approved by City following City's determination that transferee has the qualifications necessary to carry out the obligations under this Declaration and the Funding Agreement and transferee's execution of an assignment and assumption agreement in a form approved by City, or Declarant shall repay the City Note. City may require any other reasonable conditions it determines are necessary or desirable to ensure compliance with the conditions and covenants under this Declaration and the Funding Agreement ( "Permitted Sale "). 5.03 Permitted Transfers without City Consent. Notwithstanding any other provision of this Declaration to the contrary, City approval of an assignment or transfer of this Declaration, the Funding Agreement, the City Note, the Deed of Trust, or conveyance of the Property or any part thereof shall not be required in connection with any of the following (the "Permitted Transfers "): a. The lease of Affordable Bedrooms to Qualified Persons. b. Transfer of the Property to a tax - exempt, non - profit affiliate entity which controls, is controlled by or under common control with Declarant. c. In the event of an assignment or transfer by Declarant pursuant to subparagraph (b) not requiring the City's prior approval, Declarant nevertheless agrees that at least thirty (30) days prior to such assignment or transfer it shall give written notice to the City of such assignment or transfer and such transferee shall be required to assume Declarant's obligations under this Declaration, the City Note, the Deed of Trust and the Funding Agreement pursuant to a written assignment and assumption agreement(s) in a form reasonably acceptable to the City Attorney. ARTICLE 6. NO DISCRIMINATION All of the Affordable Bedrooms shall be available for occupancy on a continuous basis to members of the general public who are Qualified Persons. Declarant shall not give preference to any particular class or group of persons in renting the Affordable Bedrooms, except to the extent that the Affordable Bedrooms are required to be leased to Qualified Persons and to the extent that existing residents of Declarant located on other property of Declarant are Qualified Persons and require the additional assistance and services provided for the Affordable Bedrooms to meet their personal, social and daily living skills needs. There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, Exhibit D 5