RES 2024040 - Laserfiche WebLink

4879-3324-5885v3 11 • Agreement by the tenant not to hold Owner or Owner’s agents legally responsible for any action or failure to act, whether intentional or negligent; • Agreement of the tenant that Owner or Owner’s agent may institute a lawsuit without notice to the tenant; • Agreement by the tenant that Owner or Owner’s agent may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; • Agreement by the tenant to waive any right to a trial by jury; • Agreement by the tenant to waive tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and • Agreement by the tenant to pay attorneys’ fees or other legal costs even if the tenant wins in a court proceeding by Owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. 4. Reporting Requirements; Annual Monitoring Fee; Inspections. 4.1 Financial Accounting and Post-Completion Audit. No later than 60 days following City’s issuance of a final certificate of occupancy or equivalent following completion of Project rehabilitation, Owner shall provide to City a summary of all sources and uses of funds for the Project and a draft of the Project Cost Certification. 4.2 Tenant Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may reasonably require: (i) The identity of each household member; (ii) The total household Gross Income; and (iii) The age of each household member or other basis upon which the household qualifies as an Eligible Household. Owner shall retain such certificates for not less than five (5) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection. 4.3 Monitoring Fee. Following completion of rehabilitation of the Project, as evidenced by City’s issuance of a final certificate of occupancy or equivalent, Owner shall be obligated to pay to City an annual fee (the “Affordable Housing Monitoring Fee”) in the amount of (Ten Thousand Dollars ($10,000). The Affordable Housing Monitoring Fee is payable annually on the same date that the Annual Report is due pursuant to Section 4.4 below. City shall have the right to file a lien against the Project if the Affordable Housing Monitoring Fee is not