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GROUND LEASE
City of Pleasanton
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GROUND LEASE
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1/31/2011 2:27:29 PM
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LONG TERM AGREEMENTS
LONG TERM AGREEMENTS - DOCUMENT DATE
6/1/1988
LONG TERM AGREEMENTS - NAME
GROUND LEASE
LONG TERM AGREEMENTS - TYPE
MISC AGMT
LONG TERM AGREEMENTS - RECORD SERIES
704-06 (Long Term Agreements)
LONG TERM AGREEMENTS - DESTRUCTION DATE
PERMANENT
LONG TERM AGREEMENTS - NOTES
RIDGE VIEW COMMONS
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7 <br />(F) In the event that reexamination of household income indicates that the <br />tenant no longer qualifies as a lower income household, the Owner shall <br />take appropriate action in accordance with HUD regulations at 24 CFR <br />Part 850, Subpart F. <br />(G) The Grantee shall have established a rent mechanism to assure that the <br />type and number of units specified in section 1.01(e)2 of the Grant <br />Agreement and in section 1.1 of this Agreement are occupied or available <br />for occupancy by lower income households during the Project Term. The <br />rent mechanism is included in this Agreement as Attachment G and <br />includes, at a minimum, provisions that: (1) the Grantee shall review and <br />approve any schedule of rents proposed by the Owner for lower income <br />units, (2) the Grantee acknowledges that any rent schedule, which shall <br />include utility allowances, if utilities are tenant paid, submitted by the <br />Owner, (within the permissible maximum allowed by the Grant Agreement <br />and HDG regulations), will be deemed approved unless the Grantee <br />informs the Owner, within 60 days after receiving the schedule, that it is <br />disapproved because the schedule is not consistent with the rent <br />mechanism, and (3) the initial monthly allowance for utilities and services <br />to be paid by lower income households shall be as approved by HUD, in <br />approval of the application, with subsequent calculations of this allowance <br />approved by the Grantee in connection with its review and approval of <br />rent schedules. <br />(H) Procedures to be followed by the Owner to determine tenant eligibility <br />and actions to be taken in the event a tenant is determined to be over <br />income have been established and are included in this Agreement as <br />Attachment H. <br />(I) The Owner shall, at least annually on the date specified in the Grantee <br />rent mechanism (and at any other time as required by the Grantee in the <br />rent mechanism), recalculate the maximum monthly rent to be charged. <br />The first rent recalculation shall be submitted by the Owner to the <br />Grantee no later than 60 days prior to initial occupancy. <br />(J) Marketing shall be done in accordance with the HUD - approved <br />Affirmative Fair Housing Marketing Plan, Form HUD - 935.2, and all fair <br />housing and equal opportunity requirements. The Affirmative Fair <br />Housing Marketing Plan is included in this Agreement as Attachment D. <br />(K) Local residency requirements shall not be permitted. Local residency <br />preferences will be allowed to the extent that they are not inconsistent <br />with affirmative fair housing marketing objectives and the Owner's HUD - <br />approved Affirmative Fair Housing Marketing Plan. With respect to any <br />residency preference, persons expected to reside in the community as a <br />result of current or planned employment will be treated as residents. <br />(L) All management and maintenance functions shall be performed in <br />compliance with applicable equal opportunity requirements, as specified <br />in section 5.02(g) of the Grant Agreement and In section 2.2(G) of this <br />Agreement. <br />
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