|
6.B. - Page 50 of 113
<br />Developer shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy,
<br />tenure or enjoyment of the Property or the Project, or any portion thereof, on the basis of
<br />race, color, religion, creed, sex, sexual orientation, gender identity, disability, marital status,
<br />ancestry or national origin of any person, nor shall the Developer or any person claiming
<br />under or through Developer, establish or permit any such practice or practices of
<br />discrimination or segregation with reference to the selection of prospective purchasers or
<br />tenants, or the sale, rental, lease, use or occupancy of the Property or the Project or any part
<br />thereof.
<br />Developer covenants for itself and all persons claiming under or through it, and this
<br />Agreement is made and accepted upon and subject to the condition that there shall be no
<br />discrimination against or segregation of any person or group of persons on account of any
<br />basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those
<br />bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
<br />subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale,
<br />lease, sublease, transfer, use, occupancy, tenure or enj oyment of the Property or the Proj ect,
<br />or part thereof, nor shall Developer or any person claiming under or through Developer
<br />establish or permit any such practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
<br />sublessees or vendees in, of, or for the Property or Project, or part thereof. Developer shall
<br />include such provision in all deeds, leases, contracts and other instruments executed by
<br />Developer pertaining to the Property or the Project or part thereof, and shall enforce the same
<br />diligently and in good faith.
<br />M Use of Qualified Brokers and Lenders. If Developer uses a third -party broker or
<br />lender in marketing the BMR Units, Developer agrees to use a realtor or broker that has
<br />experience in marketing below market -rate units that require homebuyers to meet income
<br />qualifications and that require recordation of resale restriction agreements limiting appreciation
<br />on future sales, and agrees to use a realtor or broker that is on the City's approved list of
<br />realtors/brokers with such experience, if City maintains such a list. In addition, Developer agrees
<br />that the purchase of BMR Units will be financed by lenders that are familiar with affordable
<br />housing programs that impose resale price restrictions, and agrees to work with lenders listed on
<br />the City's approved list of lenders with such experience if City maintains such a list.
<br />(g) Marketing Plan. Not fewer than 120 days before Developer begins offering BMR
<br />Units for sale, Developer shall provide to the City, for its review and approval, the Developer's
<br />written marketing plan which shall address Developer's plan for marketing the BMR Units for
<br />sale to Eligible Households, which plan shall incorporate the requirements set forth in this
<br />Section 8. Upon receipt of the marketing plan, the City shall promptly review the marketing plan
<br />and shall approve or disapprove it within thirty (30) days after submission. If the marketing plan
<br />is not approved, the Developer shall submit a revised marketing plan within thirty (30) days.
<br />9. Intentionally omitted.
<br />10. Recordation of Grant of Option to Repurchase and Resale Restriction Agreement
<br />and Homebuyer Deed of Trust. In connection with the sale of each BMR Unit, the homebuyer
<br />IOMMi3WaVaa9:t
<br />1619\01\2924770.1
<br />10/9/2020
<br />OAK #4847-7408-069700
<br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 46 of 109)
<br />63
<br />
|