AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

Browse Search

103. Compliance with Laws. The Owner shall carry out the acquisition, design, construction and operation of the Project in conformity with all applicable laws, including all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the City Municipal Code, to the extent that these laws, codes, and standards are consistent with the provisions of the Development Agreement. The Owner shall also ensure that the Project is constructed and operated in compliance with all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. 200. OPERATION OF HOUSING 201. (a) BMR Units. The BMR Units shall be of a quality comparable to all of the other rental units in the Project. The BMR Units shall be one and two bedroom units initially distributed within the Project in accordance with the schedule set forth in Exhibit C. Thereafter, the location of the individual BMR Units may float to account for the Next Available Unit Requirement set forth below and as otherwise necessary for the smooth and professional maintenance of the Project, provided that the location of BMR Units shall be equitably distributed throughout the Project and the City's Director of Community Development ("Director") shall be notified of any change or relocation of BMR Units. 201. (b) Low Income Units. As described in Recital C above, the Owner agrees to make available, restrict occupancy to, and lease not less than fourteen (14) of the rental units on the Property exclusively to Low Income Households at Affordable Low Income Rent, as defined below. For purposes of this Agreement, "Low Income Households" shall mean those households with incomes that do not exceed the low income limits for San Mateo County, adjusted for household size, as set forth in the Guidelines, and as established and amended from time to time in accordance with the low income limits for San Mateo County established by the State of California in the California Code of Regulations, Title 25, Section 6932 or successor provision ("Low Income Limits"). A qualified Low Income Household shall continue to qualify unless at the time of recertification, for two consecutive years, the household's income exceeds the Low Income Limits, then the tenant shall not longer be qualified. Upon the Owner's determination that any such household is no longer so qualified, the unit shall no longer be deemed a Low Income Unit, and the Owner shall make the next available unit, which is comparable in terms of size, features and number of bedrooms, a Low Income Unit ("Next Available Unit Requirement") and take such other actions, including as specified in Section 11, 1.7 of the Guidelines, as may be necessary to ensure that the total required number of units are rented to Low Income Households. The Owner shall notify the City annually if Owner substitutes a different unit for one of the designated Low Income Units pursuant to this paragraph. 3 AFDOCS/13476288.3 1677\05\2006712.5 1n8n017 PAGE 320