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This Affordable Housing Regulatory Agreement and Declaration of Restrictive <br />Covenants (this "Agreement") is entered into effective as of# A9 , 2020 ("Effective <br />Date") by and between the City of Redwood City, a charter city and municipal corporation <br />("City") and HIP Housing Development Corporation, a California nonprofit public benefit <br />corporation ("Owner"). The City and the Owner are collectively referred to herein as the <br />"Parties." <br />RECITALS <br />A. Owner is the owner of, or has the right to acquire, the real property located in the <br />City of Redwood City, San Mateo County, California, at 3592 Rolison Road, and more <br />particularly described in Exhibit A attached hereto (the "Property"). The Property is improved <br />as a multi -family residential development, and is currently occupied. <br />B. Owner intends to own and operate the existing 10 -unit multifamily residential <br />building located on the Property (the "Project") as an affordable housing development in <br />accordance with the requirements of that certain Affordable Housing Impact Fee Agreement <br />dated as of MCkre4x CA , 2020, and executed by and among Premia Capital, LLC ("Premia"), <br />City, and Owner (the "Housing Impact Fee Agreement"). <br />C. Pursuant to the Housing Impact Fee Agreement, and in satisfaction of Premia's <br />obligation to pay housing impact fees to the City pursuant to Article 29 of the City of Redwood <br />City Zoning Code (the "Affordable Housing Ordinance"), Premia agreed to pay the sum of <br />Two Million, One Hundred Forty -Nine Thousand and Twenty Dollars ($2,149,020) to assist in <br />financing HHDC's acquisition of the Property. <br />D. Pursuant to the Housing Impact Fee Agreement, for a period of not less than fifty- <br />five (55) years, as they become vacant all residential units on the Property are required to be <br />available to Eligible Households at Affordable Rents in accordance with this Agreement. <br />E. The purpose of this Agreement is to satisfy the requirements of the Housing <br />Impact Fee Agreement and the Affordable Housing Ordinance, and to regulate and restrict the <br />occupancy and rents of the residential units in the Project for the benefit of the Project occupants. <br />The Parties intend the covenants set forth in this Agreement to run with the land and to be <br />binding upon Owner and Owner's successors and assigns for the full term of this Agreement. <br />NOW THEREFORE, in consideration of the foregoing, and other valuable <br />consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby <br />agree as follows. <br />1. Definitions. The following terms have the meanings set forth in this Section wherever <br />used in this Agreement or the attached exhibits. <br />"Actual Household Size" means the actual number of persons in the applicable <br />household. <br />REV: 02-25-2020 PR <br />ATTY/AGR.2020.039/Premia 1180 Main Owner, LLC (Page 16 of 42) <br />