Resolution 2015-13 - Laserfiche WebLink

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make anyone eligible who was not otherwise eligible, nor shall they change the BCHA's right to apply or modify other tenant selection criteria associated with the residential development of the Property, provided the same are not contrary to the provisions of this Agreement. BCHA and any entity(ies) which own, control or manage the age-restricted or affordable units shall comply with the preferences described m this paragraph b to the greatest extent possible m obtaining financing for the age-restricted and affordable units and operating such units, recognizing that all preferences must comply with non-discrimination, equal opportunity, and Fair Housmg requirements. In the event a third party such as the U S Justice Department, HUD, or CHFA requires modifications to these preferences as a condition to providing financing for the affordable housing units or to conform them to law, Owner may make such modifications that represent the minimum changes necessary to satisfy the third party's requirements and shall notify the City. Amendments to the Preference Policy required by a third party shall not require an amendment to this Agreement. c. Related Provisions. Nothing herein shall preclude the provision of additional age- restricted housing or affordable units above the minimum requirements set forth m paragraph a, above. Owner shall execute and record all covenants, restrictions and other documents and take all other actions necessary to ensure the provision and maintenance of the above-required minimum number of age-restricted and affordable units, and application of the above-required preferences. In the event it is determined by a final, non-appealable order of a court of competent junsdiction that any provision of the foregoing paragraphs a or b, including without limitation the requirements that the age-restricted and affordable units be provided and mamtamed and the preferences be applied, the Owner and City agree they shall take actions as are necessary to achieve, to the greatest degree and for the longest possible term, the intent of the affected provisions, it being the parties' express intent that the age- restricted and affordable units and preferences be available for the time periods stated in this Agreement. However, the Owner agrees upon expiration of the mitial periods, the Owner shall renew said period for successive 40 year and 15 year periods to the extent permitted by law. 7. Dedications. Owner agrees to dedicate such easements and rights-of-way for public streets,drainage,utilities and other public purposes as are required by City ordinances and resolutions, in a form mutually agreeable to the Parties and m locations identified on the final plat(s) for the Property; provided, however, Owner agrees to dedicate such rights-of-way and easements at such earlier time as is reasonably determined by the City to be required for commencement of construction of such streets or for extension of utilities or drainage improvements. At or prior to the recording of the first final plat for the Property, Owner shall comply with the public land dedication requirements of section 16.16 060.B of the Louisville Municipal Code, either by the dedication of land or payment in lieu of dedication, as the City shall determine. 8. Public Improvements - General. Owner agrees to design, improve, and provide signage, lighting, and signalization for all public streets and other public ways within or adjacent to the Property to the extent required by City ordinances and resolutions and other applicable 4