Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the applicable provisions of: (i) the Xxxxx Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). In compliance with the Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of three (3) Units of all Units must be rehabilitated to be fully accessible to households with a mobility impaired member and an additional one (1) Unit of all Units must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b) and other applicable Accessibility Requirements. In compliance with the Accessibility Requirements Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Xxxxxxxx's failure to comply with the Accessibly Requirements. The provisions of this subsection will survive expiration of the Term or other termination of this County Regulatory Agreement, and remain in full force and effect.
Appears in 2 contracts
Samples: County Regulatory Agreement and Declaration of Restrictive Covenants, County Regulatory Agreement and Declaration of Restrictive Covenants
Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the applicable provisions of: (i) the Xxxxx Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). In compliance with the Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of three one (31) Units Unit of all Units must be rehabilitated to be fully accessible to households with a mobility impaired member and an additional one (1) Unit of all Units must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b) and other applicable Accessibility Requirements. In compliance with the Accessibility Requirements Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of XxxxxxxxBorrower's failure to comply with the Accessibly Requirements. The provisions of this subsection will survive expiration of the HOME Term or other termination of this County HOME/CDBG Regulatory Agreement, and remain in full force and effect.
Appears in 1 contract
Samples: Home/CDBG Regulatory Agreement
Disabled Persons Occupancy. Borrower (1) Developer shall cause the Development to be constructed and operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Xxxxx Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). .
(2) In compliance with the Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of three (3) Units of all Units units in the Development must be rehabilitated constructed to be fully accessible to households with a mobility impaired member and an additional one (1) Unit of all Units units in the Development must be rehabilitated constructed to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b) and other applicable Accessibility Requirements. In compliance with the Accessibility Requirements Borrower Developer shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies Improvements comply with all federal and state accessibility requirements applicable to the Development. Borrower Improvements.
(3) Developer shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory acceptable to the County) the CountyCounty against any claim for damages, and its board memberscompensation, officers and employeesfines, from all suits, actions, claims, causes of action, costs, demands, judgments and liens penalties or other amounts arising out of Xxxxxxxx's the failure or alleged failure of any person or entity (including Developer, its architect, contractor and subcontractors) to comply construct the Improvements in accordance with the Accessibly Accessibility Requirements. The provisions of requirements in this subsection will Subsection survive expiration repayment of the Term or other termination Loan and the reconveyance of this County Regulatory Agreement, and remain in full force and effectthe Deed of Trust.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants
Disabled Persons Occupancy. Borrower shall cause the Development to be constructed and operated at all times in compliance with the applicable provisions of: (i) the Xxxxx Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). In compliance with the Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of three (3) Units of all Units must be rehabilitated to be fully accessible to households with a mobility impaired member and an additional one (1) Unit of all Units must be rehabilitated to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b) and other applicable Accessibility Requirements. In compliance with the Accessibility Requirements Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies with all federal and state accessibility requirements applicable to the Development. Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory to the County) the County, and its board members, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of XxxxxxxxBorrower's failure to comply with the Accessibly Requirements. The provisions of this subsection will survive expiration of the HOME Term or other termination of this County HOME/HOPWA Regulatory Agreement, and remain in full force and effect.
Appears in 1 contract
Samples: Home/Hopwa Regulatory Agreement
Disabled Persons Occupancy. (1) Borrower shall cause the Development to be constructed and operated at all times in compliance with all applicable federal, state, and local disabled persons accessibility requirements including, but not limited to the applicable provisions of: (i) the Xxxxx Act, (ii) the California Fair Employment and Housing Act, (iii) Section 504 of the Rehabilitation Act of 1973, (iv) the United States Fair Housing Act, as amended, (v) the Americans With Disabilities Act of 1990, and (vi) Chapters 11A and 11B of Title 24 of the California Code of Regulations, which relate to disabled persons access (collectively, the "Accessibility Requirements"). .
(2) In compliance with the Accessibility Requirements, if the rehabilitation is substantial as defined in 24 C.F.R. 8.23(a), a minimum of three (3) Units of all Units units in the Development must be rehabilitated constructed to be fully accessible to households with a mobility impaired member and an additional one (1) Unit of all Units unit in the Development must be rehabilitated constructed to be fully accessible to hearing and/or visually impaired persons. Non-substantial alterations must comply with 24 C.F.R. 8.23(b) and other applicable Accessibility Requirements. In compliance with the Accessibility Requirements Borrower shall provide the County with a certification from the Development architect that to the best of the architect's knowledge, the Development complies Improvements comply with all federal and state accessibility requirements applicable to the Development. Improvements.
(3) Borrower shall indemnify, protect, hold harmless and defend (with counsel reasonably satisfactory acceptable to the County) the CountyCounty against any claim for damages, and its board memberscompensation, officers and employeesfines, from all suits, actions, claims, causes of action, costs, demands, judgments and liens penalties or other amounts arising out of Xxxxxxxx's the failure or alleged failure of any person or entity (including Borrower, its architect, contractor and subcontractors) to comply construct the Improvements in accordance with the Accessibly Accessibility Requirements. The provisions of requirements in this subsection will Subsection survive expiration repayment of the Term or other termination Loan and the reconveyance of this County Regulatory Agreement, and remain in full force and effectthe Deed of Trust.
Appears in 1 contract
Samples: Regulatory Agreement and Declaration of Restrictive Covenants