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fifty percent (50%) of the median income level, as adjusted from time to time and in effect at the <br /> time of execution of a rental agreement for the rental of such Affordable Unit, adjusted for a � <br /> family of four(4), as set forth in the document entitled San Mateo County Income Limits (the <br /> "Median Income Level"); and (ii) the Moderate Income Affordable Units shall be occupied or <br /> reserved for occupancy by individuals or families whose income does not exceed one hundred <br /> twenty percent (120%) of the Median Income Level. The Agency shall promptly make available <br /> to IAC schedules of changes to the Median Income Level. Very Low Income Affordable Units <br /> shall be rented at monthly rents which shall not exceed 1/12 of 30% of 50% of the Median <br /> Income Level for the Household Size applicable to the Very Low Income Affordable Unit (as <br /> determined below), less a utility allowance of$35.00 for a one bedroom unit, $50.00 for a two- <br /> bedroom unit or$75.00 for a three bedroom unit, as applicable.(the "Utility Allowance") and <br /> Moderate Income Affordable Units shall be rented at monthly rents which shall not exceed 1/12 <br /> of 30% of 120% of the Median Income Level for the Household Size.applicable to the Moderate <br /> Income Affordable Unit(as determined below), less the Utility Allowance ("Monthly Affordable <br /> Rent") for such Affordable Unit. For purposes of this Covenant, "Household Size" shall mean <br /> two (2) persons with respect to a one (1) bedroom Affordable Unit, four(4)persons with respect <br /> to a two (2) bedroom Affordable Unit, and five (5) persons with respect to a three (3) bedroom <br /> Affordable Unit. By way of example, as of the date of the drafting of this Covenant, the Median <br /> Income Level is Seventy-Two Thousand Four Hundred Dollars ($72,400.00). Therefore, the <br /> Monthly Affordable Rent for a two-bedroom Very Low Income Affordable Unit would be One <br /> Thousand Thirty-Six Dollars ($1,036.00). In the everit that such income determinations are no <br /> longer published by San Mateo County, or are not updated for a period of at least 18 months, the <br /> Agency shall provide IAC with other income determinations that are reasonably similar with <br /> respect to methods of calculation to those previously published by San Mateo County. <br /> Persons and families of low or moderate income that have been displaced as the result of <br /> the IAC Project shall be given priority in leasing the Affordable Units, in conformance with <br /> Section 33411.3 of the California Health and Safety Code, followed by households that live or <br /> work in the City of Redwood City. <br /> D. Certification and Recertification. Upon the completion of the initial renting of ninety- <br /> five percent (95%) of the rental units (the "Initial Rent-Up") in the IAC Project and on the <br /> anniversary date thereof in each year of the term of this Covenant, IAC shall provide to the <br /> Agency income certifications from the tenants in the Affordable Units in a form reasonably <br /> approved by the Agency. IAC shall also provide to the Agency the form of lease that IAC shall <br /> use with the tenants of the Affordable Units. The Agency shall have the right to approve the <br /> provisions of the lease form regarding the occupancy and monitoring of the Affordable Units in <br /> connection with the Agency's satisfaction of its obligations under Section 33418 of the <br /> California Health and Safety Code to monitor affordable units, which approval shall not be <br /> unreasonably withheld. Such lease provisions shall require that as a condition of its rental of an <br /> Affordable Unit, a tenant must complete the initial and periodic certifications referenced above <br /> in this Section 1(D). The Agency shall approve or disapprove the lease fortn in writing within <br /> five (5) business days after submission to the Agency. If the Agency disapproves the form of the <br /> lease, the Agency shall give written notice thereof to IAC setting forth in detail the reasons for � <br /> such disapproval. In no event shall the Agency required changes that are inconsistent with <br /> federal, state or local laws or regulations. <br /> 9627:100252.5 2 <br />