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1 <br />HOLD FOR: AUDITORS RECORD: <br />Department of Community Investment TRANSFER NO. <br />City of South Bend, Indiana TAXING UNIT <br />227 W. Jefferson Blvd., 1400S DATE: <br />South Bend, IN 46601 KEY NO. <br />LIEN AND RESTRICTIVE COVENANT AGREEMENT FOR RENTAL PROPERTY <br />LHR Program Award # <br />This Lien and Restrictive Covenant Agreement (“Agreement”) is made by and between (“Owner(s)”), <br />the Owner of certain real estate located at _____________________ (“address”), in St. Joseph <br />County, Indiana, more particularly described on “Exhibit A” (“Real Estate”), and the undersigned, City <br />of South Bend, Indiana, acting by and through its Board of Public Works (“Grantee”), as recipient of an <br />award of funds from the United States Department of Housing and Urban Development (“HUD”). <br />I.PURPOSE <br />A.Grantee applied for and received an award from HUD to be used to promote lead-safe and healthy <br />homes and to provide lead hazard control activities and healthy homes intervention measures (the <br />"Program") for residents of qualified housing units (“Beneficiaries”). <br />B.HUD funds were awarded to Grantee subject to certain rules, regulations, guidance and notices <br />relating to the Program issued by HUD from time to time. <br />C.In consideration of Owner(s) receiving assistance from Grantee in the amount of and <br />00/100 Dollars ($ _____. ) to remediate and rehabilitate, as applicable the Owner(s)’s <br />housing located on the Real Estate (“Project”), which assistance is subject to the requirements <br />of the Program, the Owner(s) also agree to comply with the requirements of the Program. <br />D.For not less than three (3) years following the completion of lead hazard control activities, in every <br />case, the Owner(s) shall give priority in renting units assisted under the Program to income eligible <br />families that have a child under the age of six (6) years and document efforts to comply with this <br />requirement., <br />E.The Program requires that certain use restrictions be imposed upon property that is assisted with <br />Program funds to ensure that the Program requirements are met. <br />F.Specifically, HUD requires restrictive covenants be placed on the Real Estate at Project <br />Completion and to remain in effect for a three (3) year period (“the Affordability Period”). <br />G.The Affordability Period begins at project completion which begins after the following have <br />occurred: (1) the completion of lead hazard control services, (2) the completion of the clearance <br />examination, (3) clearance has been achieved, and (4) any findings or concerns have been resolved <br />that the final inspection and clearance examination have been completed, clearance has been <br />achieved, and any findings or concerns have been resolved.