09B - Laserfiche WebLink

"Deed of Trust" is defined in Recital E. "Eligible Household" means a household that includes one or more members that have a developmental disability as defined in subdivision 4512(a) of the California Welfare and Institutions Code, and for which Gross Income upon initial occupancy does not exceed the maximum income level for a Restricted Unit as specified in Section 2.2 and Exhibit B. "Gross Income" shall have the meaning set forth in Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time. "Ground Lease" is defined in Recital B. "HUD" means the U.S. Department of Housing and Urban Development. "Indemnitees" means collectively, the City and its elected and appointed officers, officials, employees, agents, consultants, and contractors. "Loan" is defined in Recital D. "Loan Agreement" is defined in Recital B. "Marketing and Management Plan" is defined in Section 6.5. "Note" is defined in Recital E. "Rent Restricted" is defined in Section 2.1. "Restricted Unit" means a dwelling unit which is reserved for occupancy at an Affordable Rent by Eligible Households of specified household income levels as set forth in Sections 2.1 and 2.2 and Exhibit B. 2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its successors and assigns, that the Property shall be used solely for the operation of a multifamily rental housing development for households that include one or more members who have developmental disabilities, in compliance with the Loan Agreement, the Ground Lease, and the requirements set forth herein. Owner represents and warrants that it has not entered into any agreement that would restrict or compromise its ability to comply with the occupancy and affordability restrictions set forth in this Agreement, and Owner covenants that it shall not enter into any agreement that is inconsistent with such restrictions without the express written consent of City. 2.1 Special Needs Housing; Supportive Services. Owner has elected to operate the Project as a special needs housing development that will serve households that include one or more members that have a developmental disability as defined in subdivision 4512(a) of the California Welfare and Institutions Code, and as such to require all dwelling units in the Project except for the managers' units to be occupied or held available for occupancy by Eligible Households. To the extent applicable, the Project will be operated at all times in accordance with (a) the Unruh Act, including without limitation California Civil Code Sections 51.2, 51.3, and 4 OAK #4834-1210-2746 v4