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EXHIBIT 3 <br /> AFFORDABLE HOUSING POLICY <br /> It shall be the policy of the District that at each station where the District intends to pursue <br /> development that the cumulative development consist of a number of affordable housing units <br /> amounting to no less than 20 percent of the total proposed housing units on the property. This <br /> goal is for the total aggregate number of residential units on BART property at the station, <br /> regardless of the planned phasing of the project. <br /> Each Request for Qualifications (RFQ) or Request for Proposals (RFP) issued by the District <br /> relating to proposed residential development projects at BART stations shall include the current <br /> percentage of affordable housing constructed at that station along with the cumulative 20 percent <br /> goal of affordable housing units per station. <br /> The percentage of affordable units and/or depth of unit affordability based on Area Median <br /> Income (AMI) categories in any residential developments at its stations shall be a part of the <br /> District's assessment of RFQ/RFP responsiveness. There shall be a priority on residential units <br /> made available to very low (< 50% AMI) and low (51-80% AMI) income households. The <br /> General Manager or his/her designee will develop an approach to evaluating respondents' <br /> affordability housing proposals, that will consider a proposal's quantity and depth of <br /> affordability. as well as the proposal's validity and feasibility with respect to this policy. <br /> If a party responding to the RFQ or RFP determines that such a goal is not feasible, that party <br /> shall provide an impact analysis, which will be assessed by the District to determine if the goal <br /> cannot be attained. <br /> Upon selection of a Developer, the District commits to working with the Developer throughout <br /> the development's negotiation process to achieve the pre-established affordable housing goal. <br /> As the negotiations of the proposed development proceed, the General Manager or his/her <br /> designee will provide periodic updates to the Board regarding the financial details of each <br /> component of the development, culminating in a term sheet for Board approval. <br /> BART also affirms its commitment to develop sustainable partnerships to achieve thriving <br /> Priority Development Areas (PDA) at or near BART stations with housing opportunities for <br /> residents of all income levels — particularly those populations most reliant on public transit— in <br /> order to reduce Greenhouse Gas Emissions (GHG), encourage use of public transit and active <br /> transportation. and decrease reliance on automobiles. <br /> On a project-by-project basis, the General Manager or his/her designee may request from the <br /> Board an exception to this Policy if staff determines it is infeasible for a specific project. <br /> This policy shall be prospective, and shall not be applicable to past or present development <br /> projects for which exclusive negotiating agreements, option agreements for ground leases, or <br /> ground leases have already been executed between BART and developers. <br /> Adopted: January 28, 2016 <br /> Page 11 of 21 <br />