Rentals. Manager shall offer for rent and shall use its best efforts to rent the Units in accordance with the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B hereto, as the same may be amended, restated or appended from time to time by mutual agreement of the parties, and all the terms and conditions of which are incorporated herein). Pursuant to its rental responsibilities, Manager shall: (a) show Units for rent in the Project to all prospective tenants; (b) take and process applications for rentals, including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection; (c) comply with the leasing and other requirements contained in (i) Section 42 of the Internal Revenue Code (the “Code”) with respect to the Units eligible for the low-income housing tax credit, and (ii) the XXXX; (d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”); (e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”); (f) collect, deposit and disburse security deposits in accordance with applicable law and the terms of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law; (g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation of the Crown Program and operations of Owner) to effect the leasing of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants; (h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement; (i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month; (j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and (k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXX.
Appears in 4 contracts
Samples: Land Use Restriction Agreement for Low Income Housing Tax Credits, Land Use Restriction Agreement, Land Use Restriction Agreement
Rentals. Manager shall offer for rent and shall use its best efforts Tenant agrees to rent pay to the Units in accordance with Landlord the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B heretosum of $ per month, as rent, during the same Term. The rent for any partial month shall be prorated on the basis of a thirty (30) day month. The rent shall be payable monthly, in arrears, on the first (1st) day of each month. The rent shall be paid to the Landlord at . [IF APPLICABLE – MOST LANDLORDS WILL NOT REQUIRE A DEPOSIT FROM THE UNIVERSITY: Prior to occupying the Premises, Tenant shall deposit with Landlord a “Security Deposit” (herein so called) in the amount of $ to be held by Landlord as security for Tenant’s performance under this Lease. Unless otherwise required by law, Tenant shall not be entitled to interest on such Security Deposit and Landlord may be amendedcommingle such Security Deposit with any other funds of Landlord. Upon Tenant’s default, restated subject to any notice or appended from time to time by mutual agreement cure periods provided herein, Landlord may apply any applicable portion of the partiesSecurity Deposit to: (a) an arrearage of rent, and/or (b) any actual and all reasonable expenses incurred by Landlord due to such default. If the Security Deposit is not used for the aforementioned purposes, then, within ten (10) days following the expiration or earlier termination of the Lease, Landlord will return any remaining balance of the Security Deposit to Tenant. If Landlord transfers Landlord’s interests in the Premises, subject to the terms and conditions of provisions hereunder, then Landlord shall assign the Security Deposit to the transferee.] SALES TAXES Landlord shall pay any federal, state or local sales or other taxes upon the rents payable hereunder. HEATING, LIGHTING, AIR-CONDITIONING, JANITORIAL AND PEST CONTROL SERVICES The Landlord, at Landlord’s expense, shall furnish the following equipment and services to Tenant’s Premises throughout the Lease Term: heating and air conditioning equipment, which are incorporated herein). Pursuant shall be operated and maintained by Landlord in satisfactory operating condition; light fixtures and services related to its rental responsibilities, Manager shall:
(a) show Units for rent in the Project to all prospective tenants;
(b) take and process applications for rentalssame, including prospective tenant interviews responsibility for replacement of all bulbs, tubes, and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection;
(c) comply with the leasing and other requirements contained starts used in (i) Section 42 of the Internal Revenue Code (the “Code”) with respect to the Units eligible such fixtures for the low-income housing tax creditpurpose of furnishing light; janitorial services and all necessary janitorial supplies, and (ii) the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits in accordance with applicable law and the terms of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Manager shall exercise its best efforts (including, but not limited to, placement the provision of advertisingtrash disposal; and, interviewing prospective tenantspest control services. All services required above shall be provided Monday through Friday, assisting excluding state holidays. MAINTENANCE AND REPAIRS Landlord, at Landlord’s expense, shall maintain the Premises in good condition and counseling in completion of rental applications repair throughout the Lease Term. This shall include, but not be limited to, the requirement that Landlord maintain, repair, and execution of Leasesreplace, processing documents and credit and employment verifications and explanation as necessary, all portions of the Crown Program Premises, including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters, downspouts and operations of Ownersubfloors, HVAC, parking lot, driveways, sidewalks, carpeting, paint, and other interior elements. If Landlord fails to promptly make repairs that are its responsibility hereunder, Tenant has the right, but not the obligation, to have such repairs made and the cost thereof shall be due and payable by Landlord at the next rent due date and failure to pay same with thirty (30) to effect the leasing days of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made date due shall be deemed a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXXdefault hereunder.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Rentals. Manager MHA shall offer for rent and shall use its best efforts to rent the Units housing units in the Properties in accordance with a rent schedule approved in writing by RHA and the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B hereto, as the same may be amended, restated or appended from time to time by mutual agreement of the parties, and all the terms and conditions of which are incorporated herein)leasing guidelines below. Pursuant to its rental responsibilities, Manager MHA shall:
(a) show Units Show housing units for rent in the Project Properties to all prospective tenants;.
(b) take Take and process applications for rentals, including prospective tenant Tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection;. The rejected application, written notice of the rejection, and any other related correspondence shall be kept on file for one (1) year following the rejection.
(c) comply Comply with the leasing and other requirements contained in (the “Requirements”) of all federal and state statutes and regulations, including, but not limited to (i) Section 42 HUD regulations applicable to the Properties, (ii) requirements set forth in any regulatory and operating agreement for the Properties and any Project Based Rental Assistance (PBRA) agreement for the Properties, and (iii) requirements contained in any documents executed by RHA in connection with the acquisition, financing, ownership, maintenance and operation of the Internal Revenue Code Properties (the “CodeProperties Documents”) with respect to the Units eligible for the low-income all housing tax credit, and (ii) the XXXX;units.
(d) comply Comply with any leasing guidelines established by RHA and which satisfy the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereofRequirements, and use with respect to for each lease (i) the unit a form of lease previously approved to be provided by [NAME], MHA (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation ContractLease”);, which Lease form shall be subject to the approval of RHA and shall be in compliance with the Requirements, unless otherwise agreed by RHA and MHA in writing.
(e) be Be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”);as applicable.
(f) collectExecute all leases in MHA’s name, deposit identified hereon as agent for RHA, subject to prior written approval by RHA of any deviation from RHA’s approved rent schedule, Lease form and leasing guidelines, or standard lease provisions.
(g) Collect and disburse security deposits deposits, if required, in accordance with the terms of each Lease and Section 8.2 hereof. Each security deposit shall be held and disbursed by MHA in accordance with applicable law and the terms of this Agreement and each Lease. Interest on laws governing security deposits shall be paid according to in the Leases and applicable law;State of Georgia.
(gh) maintain Maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leasesleases. Manager MHA shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing interview of prospective tenants, assisting assistance and counseling in completion of rental applications and execution of Leasesleases, processing of documents and credit and employment verifications verifications, and explanation of the Crown Program program and operations of Owner) RHA), to effect operate the leasing of the Units and dwelling units, renewal of Leases leases and, in accordance with the terms of each lease and the Requirements, subleasing of dwelling units in the Properties, so that the Project Properties is occupied as fully as possible by qualified low-income tenants;possible.
(hi) perform Perform such other acts and deeds requested by Owner RHA as are reasonable, necessary and proper in the discharge of ManagerMHA’s rental duties under this Agreement;.
(ij) prorate Prorate the first month’s rent collected from each Qualified Tenant tenant should the Lease lease term commence on any other day than the first day of the month;.
(jk) participate Participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant the tenant prior to move-in and upon move-out, and shall record in writing any damage to the unit at the time such Qualified Tenant the tenant moved in and any damage occurring during such Qualified Tenantthe tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXX.
Appears in 1 contract
Samples: Intergovernmental Agreement
Rentals. Manager shall offer for rent and shall use its best efforts to rent the Units in accordance with the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B hereto, as the same may be amended, restated or appended from time to time by mutual agreement of the parties, and all the terms and conditions of which are incorporated herein). Pursuant to its rental responsibilities, Manager shall:
(a) show Units for rent in the Project to all prospective tenants;
(b) take and process applications for rentals, including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection;
(c) comply with the leasing and other requirements contained in (i) Section 42 of the Internal Revenue Code (the “Code”) with respect to the Units eligible for the low-income housing tax credit, and (ii) the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits in accordance with applicable law and the terms of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of LeasesXxxxxx. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation of the Crown Program and operations of Owner) to effect the leasing of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXX.
Appears in 1 contract
Samples: Land Use Restriction Agreement for Low Income Housing Tax Credits
Rentals. Manager shall The Agent will offer for rent and shall use its best efforts to will rent the Units dwelling ------- units, parking spaces, commercial space and other rental facilities and concessions in accordance with the Leasing Guidelines attached as Exhibit C and in accordance with Project. Incident thereto, the Asset Management Plan (attached as Exhibit B hereto, as the same may be amended, restated or appended from time to time by mutual agreement of the parties, and all the terms and conditions of which are incorporated herein). Pursuant to its rental responsibilities, Manager shallfollowing provisions will apply:
(a) show Units for rent The Agent will follow the tenant selection policy described in the Project to all prospective tenants;Regulatory Agreement and the directives of the Secretary.
(b) The Agent will follow the marketing plan as approved by the Owner, which marketing plan shall include, but may not be limited to, credit and other tenant eligibility criteria for the Project.
(c) The Agent will show the premises to prospective tenants.
(d) The Agent will take and process applications for rentals, including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall will be advised of told the reason for rejection;
(c) comply with the leasing and other requirements contained in (i) Section 42 of the Internal Revenue Code (the “Code”) with respect to the Units eligible for the low-income housing tax credit, and the rejected application, with reason for rejection noted thereon, will be kept on file for one (ii1) the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form year. A current list of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);prospective tenants will be maintained.
(e) The Agent will prepare all dwelling leases and parking permits, and will execute the same in its name, identified thereon as agent for the Owner. The terms of all leases will comply with the pertinent provisions of the Regulatory Agreement and the directives of the Secretary. Dwellingleases will be responsible in a form approved by the Owner and the Secretary, but individual dwelling leases and parking permits need not be submitted for the approval of the Owner or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable Secretary provided the Agent adheres to the Project with respect to federal Section 8 rent subsidies, following procedures required rental plan and the marketing plan approved by the U.S. Department of Housing and Urban Development (“HUD”);Owner.
(f) collectThe Agent will furnish the Owner with rent schedules, deposit in a form from time to time approved by the Secretary, showing fair market rents and disburse security deposits basic rents for dwelling units, and other charges for facilities and services. In no event will such fair market rents and other charges be exceeded. Agent shall not agree to charge an amount less than such rents and other charges set forth on any rent schedule then in effect without obtaining Owner's prior written consent. Eligibility for dwelling rents which are less than such fair market rents, and the amount of such lesser rents, will be determined in accordance with applicable law the Regulatory Agreement and the terms directives of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;Secretary.
(g) maintain a current list The Agent will collect, deposit, and disburse security deposits, if required, in accordance with the terms of acceptable prospective tenants and undertake all arrangements necessary and incidental to each tenant's lease. The amount of each security deposit will be as specified in the acceptance of rental applications Regulatory Agreement and the execution of Leases. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation directives of the Crown Program Secretary. Security deposits will be deposited by the Agent in an interest-bearing account (hereinafter referred to as the "Security Deposit Account") separate from all other accounts and operations of Owner) to effect the leasing funds, with a bank or other financial institution whose deposits are insured by an agency of the Units United States Government, and renewal a pro-rata share of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts interest earned will be credited to each tenant's security deposit and deeds requested by Owner as are reasonableadministered in accordance with all applicable Federal, necessary State and proper local laws. This account will be carried in the discharge Agent's name and designated of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project "Capitol Park Security Deposit Account." The Owner shall at all times during the term of this Agreement be a permitted signatory on the Security Deposit Account; provided, however, Agent shall not be required to obtain Owner's signature to any checks or other disbursements made by Agent from the Security Deposit Account except as otherwise provided in conformance with this Agreement or as Owner may hereafter direct. The Owner shall designate the CROWN Program financial institutions in which the Security Deposit Account shall be maintained; provided that Owner shall give consideration in making such designation to the convenience of location of any such financial institution and to the XXXXrequirements of applicable law, if any, pertaining to the maintenance of the Security Deposit Account in a financial institution located in the District of Columbia.
Appears in 1 contract
Samples: Housing Management Agreement (American Community Properties Trust)
Rentals. Manager shall offer for rent and shall use its best efforts to rent the Units in accordance with the Leasing Guidelines attached as Exhibit Attachment C and in accordance with the Asset Management Plan (attached as Exhibit Attachment B hereto, as the same may be amended, restated or appended from time to time by mutual agreement of the parties, and all the terms and conditions of which are incorporated herein). Pursuant to its rental responsibilities, Manager shall:
(a) show Units for rent in the Project to all prospective tenants;
(b) take and process applications for rentals, including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection;
(c) comply with the leasing and other requirements contained in (i) Section 42 of the Internal Revenue Code (the “Code”) with respect to the Units eligible for the low-income housing tax credit, and (ii) the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit Attachment C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit Attachment E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit Attachment F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits in accordance with applicable law and the terms of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of LeasesXxxxxx. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation of the Crown Program and operations of Owner) to effect the leasing of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-low income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit Attachment D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXX.
Appears in 1 contract
Samples: Land Use Restriction Agreement
Rentals. Manager shall The AGENT will offer for rent and shall use its best efforts to will rent the Units dwelling units in accordance with the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B PROJECT. Incident hereto, the following provisions will apply:
a) The AGENT will make preparations for initial rent-ups, as described in the same may Management Plan, Resident Selection Plan and Marketing Plan. The AGENT shall formulate renting plans and policies and advertise the premises or portions thereof, prepare and secure signs, publicity releases, brochures, layouts, circulars, and other materials necessary for the proper discharge of its responsibilities hereunder. Such expenses shall be amended, restated or appended from time to time by mutual agreement paid out of the partiesallowable funds from the Marketing Reserve, and all if applicable.
b) The AGENT will show the terms and conditions of which are incorporated herein). Pursuant premises to its rental responsibilities, Manager shall:prospective tenants.
(ac) show Units for rent The AGENT will follow the tenant selection policy described in the Project to all prospective tenants;Management Plan.
(bd) The AGENT will take and process applications for rentals, including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall will be advised of told the reason for rejection;, and the rejected application, with reason for rejection noted thereon, will be kept on file for three (3) years. A current list of prospective tenants will be maintained.
(ce) The AGENT will prepare all dwelling leases, parking permits, and will execute the same in its name, identified hereon as AGENT for the OWNER. All leases and lease terms will be in a form prescribed by the NHHFA and will comply with the leasing and other requirements contained in (i) Section 42 pertinent provisions of the Internal Revenue Code (the “Code”) with respect to the Units eligible for the low-income housing tax creditRegulatory Agreement, and (ii) the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract (if applicable), and the directives of NHHFA.
f) The AGENT will anticipate needs for rental increases and alert the OWNER to this requirement. The AGENT will furnish the necessary documentation and information and upon approval by the OWNER will submit a formal request to NHHFA for necessary rent increase. Failure to promptly meet this requirement will be considered a breach of this AGREEMENT.
g) The OWNER will furnish the AGENT with rent and income schedules, as from time to time approved by NHHFA, showing contract rents as appropriate for dwelling units, and other charges for facilities and services, and income data pertinent to determination of tenant's eligibility and tenant rents. In no event shall such rents and charges be exceeded.
h) The AGENT will counsel all prospective tenants regarding eligibility and will prepare and verify eligibility certifications and recertification in accordance with the Regulatory Agreement and the directives of NHHFA. The AGENT shall obtain evidence sustaining the information given on the tenant's certifications and recertifications of income and retain the evidence in its files for a period of three (3) years. If recertification reveals a change in income whereby a tenant becomes eligible for a lower rent, or is required to pay a higher rent, the AGENT shall make such adjustment; provided however, that may no dwelling rent shall be applicable more than contract rent.
i) The AGENT will collect, deposit, and disburse security deposits, in accordance with the terms of each tenant's lease. The amount of the security deposit for residential units will be in accordance with State Law. Security deposits will be deposited by the AGENT in an interest bearing account, segregated from all other accounts and funds, with a bank or savings and loan association or credit union organized under the laws of the State of New Hampshire and approved by the OWNER, whose deposits are insured by an agency of the United States Government. This account will be carried in the AGENT'S name and designated of record as “ SECURITY DEPOSIT ACCOUNT”. The AGENT shall cause the amount in the security deposit account to equal or exceed at all times the Project aggregate of all outstanding obligations of the OWNER with respect to federal Section 8 rent subsidies, following procedures required security deposits. All actions taken by the U.S. Department AGENT related to the collection, maintenance, payment of Housing interest and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits in accordance with applicable law and the terms forfeiture of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications in accordance with New Hampshire law and the execution directives of Leases. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation of the Crown Program and operations of Owner) to effect the leasing of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXXNHHFA.
Appears in 1 contract
Samples: Management Agreement
Rentals. Manager (a) In consideration of the lease of the Project, the Lessee does hereby covenant and agree to pay Basic Rent, directly to the Persons who or which hold the Notes or to any fiduciary for such Person or Persons, in such respective amounts and at such respective times as shall offer be sufficient and timely to pay all Debt Service as the same shall be or become due and payable, whether at maturity, upon acceleration or otherwise. All such payments of Basic Rent, albeit not to the IDB, shall be and constitute adequate consideration to the IDB for rent the leasing of the Project to the Lessee, inasmuch as the Notes shall finance the payment of the costs of acquiring, preserving, constructing, expanding, equipping and shall use its best efforts to rent financing the Units in accordance with Project, accomplishment of which is the Leasing Guidelines attached as Exhibit C paramount objective and public purpose of the IDB. The Lessee recognizes and acknowledges that it is the intention of the parties hereto that this Lease Agreement be a net lease.
(b) In further consideration of the lease of the Project, and in accordance with Section 3.1 of each of the Asset Management Plan (attached as Exhibit B heretoOriginal Leases, the Lessee shall pay to the IDB, as additional Rentals hereunder, the same may be amendedamount of $2,000 per year, restated or appended from time to time by mutual agreement being the sum of the parties, and all the terms and conditions of which are incorporated herein). Pursuant to its rental responsibilities, Manager shall:
(a) show Units for rent rents specified in the Project to all prospective tenants;
three Original Leases during the Renewal Term (b) take and process applications for rentalsas therein defined), including prospective tenant interviews and credit checks. If an application is rejected, the applicant shall be advised payable annually in advance on each June 1 of the reason for rejection;Lease Term, commencing on June 1, 1995 and ending (subject to earlier termination of the Lease Term) on June 1, 2009.
(c) comply with the leasing and other requirements contained in (i) Section 42 In further consideration of the Internal Revenue Code (lease of the “Code”) with respect Project, the Lessee covenants and agrees to pay as additional Rentals hereunder any and all costs and expenses incurred or to be paid by the Units eligible for IDB related to actions taken by the low-income housing tax creditIDB under this Lease Agreement, including any advances made pursuant to Section 4.6 hereof, provided that the Lessee may, without creating a default hereunder, contest in good faith the reasonableness of any such fees, charges or expenses. Following the payment or incurring of any such costs, expenses or liability, such additional Rentals are payable upon written demand therefor, and (ii) if not paid upon such demand shall bear interest from the XXXX;
(d) comply with the Leasing Guidelines attached hereto as Exhibit C and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for date paid or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable to the Project with respect to federal Section 8 rent subsidies, following procedures required by the U.S. Department of Housing and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits in accordance with applicable law and the terms of this Agreement and each Lease. Interest on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation of the Crown Program and operations of Owner) to effect the leasing of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit incurred at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXXInterest Rate for Advances.
Appears in 1 contract
Samples: Lease Agreement (Simcala Inc)
Rentals. Manager shall offer for rent and shall use its best efforts to rent The provisions of this Section 3.3 set forth the Units in accordance with the Leasing Guidelines attached as Exhibit C and in accordance with the Asset Management Plan (attached as Exhibit B hereto, as the same may be amended, restated or appended from time to time by mutual agreement obligation of the partiesCompany to pay Rentals to or for the account of the IDB, in consideration of the lease of the Project pursuant to this Lease and all of the terms and conditions issuance of which are incorporated herein). Pursuant to its rental responsibilities, Manager shall:the Bonds.
(a) show Units The Company does hereby covenant and agree to pay Basic Rent to the Holder, for rent the account of the IDB, in such amounts and at such times as shall be sufficient and timely to pay all Bond Service Charges on the Project to all prospective tenants;Bonds as the same shall be or become due and payable, whether at maturity, upon redemption, acceleration or otherwise.
(b) take The Company recognizes and process applications for rentalsacknowledges that it is the intention of the parties hereto that this Lease be a net lease and that, including prospective tenant interviews and credit checks. If an application is rejecteduntil the Bonds are fully paid, the applicant Basic Rent shall be advised of due in such amounts and at such times as shall be required to pay Bond Service Charges on the reason for rejection;Bonds as the same shall become due and payable.
(c) comply with the leasing The Company covenants and other requirements contained in agrees to pay as additional Rental hereunder: (i) Section 42 any and all costs and expenses incurred or to be paid by the IDB or the Holder, as the case may be, in connection with the issuance and delivery of the Internal Revenue Code Bonds or otherwise related to actions taken by the IDB or the Holder, as the case may be, under the IDB Documents (including without limitation this Lease) or the “Code”) with respect to the Units eligible for the low-income housing tax credit, Prior Lease; and (ii) the XXXX;fees, charges and expenses of the Custodian, as and when the same become due, provided, however, that the Company may, without creating a default hereunder, contest in good faith the necessity for any extraordinary services or expenses and the reasonableness of any such fees, charges or expenses.
(d) comply with The Company shall have the Leasing Guidelines attached hereto as Exhibit C right, at its option and by this reference made a part hereof, and use with respect to each lease (i) the form of lease previously approved by [NAME], (ii) the form of Maintenance Contract attached hereto as Exhibit E and by this reference made a part hereof (the “Maintenance Contract”) and (iii) the form of Participation Contract attached hereto as Exhibit F and by this reference made a part hereof (the “Participation Contract”);
(e) be responsible for or assist Owner in the certification and recertification of tenants covered by any Housing Assistance Payments Contract that may be applicable upon advance notice to the Project with respect IDB, to federal Section 8 rent subsidies, following procedures required by prepay at any time all or any part of the U.S. Department of Housing and Urban Development (“HUD”);
(f) collect, deposit and disburse security deposits Basic Rent payable under this Lease. All Basic Rent so prepaid shall be used to redeem Bonds in accordance with applicable law and the terms of this Agreement and each Leasethereof. Interest The Company shall, on security deposits shall be paid according to the Leases and applicable law;
(g) maintain a current list of acceptable prospective tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Manager shall exercise its best efforts (including, but not limited to, placement of advertising, interviewing prospective tenants, assisting and counseling in completion of rental applications and execution of Leases, processing documents and credit and employment verifications and explanation behalf of the Crown Program and operations IDB, notify each Holder of Owner) to effect the leasing any proposed redemption of the Units and renewal of Leases so that the Project is occupied as fully as possible by qualified low-income tenants;
(h) perform such other acts and deeds requested by Owner as are reasonable, necessary and proper in the discharge of Manager’s rental duties under this Agreement;
(i) prorate the first month’s rent collected from each Qualified Tenant should the Lease term commence on any other day than the first day of the month;
(j) participate in the inspection of each dwelling unit identified in the Lease together with each Qualified Tenant prior to move-in and upon move-out, and record in writing any damage to the unit Bonds at the time such Qualified Tenant moved in and any damage occurring during such Qualified Tenant’s occupancy; and
(k) ensure the performance and provision of the supportive services (the “Supportive Services”) described in the Description and Requirements of CROWN Program attached hereto as Exhibit D and by this reference made a part hereof (manner specified in the “Crown Program”) and otherwise manage the Project at all times in conformance with the CROWN Program and the XXXXBonds.
Appears in 1 contract
Samples: Lease Agreement (Ocean Bio Chem Inc)