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Regulatory Agreeement for ROEM
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Regulatory Agreeement for ROEM
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Last modified
11/19/2021 11:01:01 AM
Creation date
11/19/2021 10:59:36 AM
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Agreement
Contractor Name
Regulatory Agreement
PROJECT NAME
353 Main Street Apartments
Date
6/19/2020
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(cc) "Resident" means a household legally occupying a Unit pursuant to a valid <br />lease with Owner. <br />(dd) "Senior Lender" or "Senior Lenders" has the meaning set forth in Section <br />3.4 of the Loan Agreement. <br />(ee) "Term" means the term of this Agreement, which commences as of the <br />date of this Agreement and, unless terminated earlier or extended by the Parties pursuant to this <br />Agreement, ends fifty-seven (57) years from the date this Agreement is recorded against the <br />Property. <br />(fo "Unit" means one (1) of the approximately one hundred twenty-five (125) <br />units (including the manager's unit) to be constructed as part of the Development. <br />(gg) "Very Low Income Household" means a household with an Adjusted <br />Income that does not exceed the qualifying limits for very low income households, adjusted for <br />Actual Household Size, as established and amended from time to time pursuant to Section 8 of <br />the United States Housing Act of 1937, and as published by the State of California Department <br />of Housing and Community Development. <br />(hh) "Very Low Income Rent" means the rent permitted to be charged for a <br />Very Low Income Unit pursuant to Section 2.2(b) below. <br />(ii) "Very Low Income Units" means the Units, which, pursuant to <br />Section 2.1(b) below, are required to be occupied by Very Low Income Households. <br />ARTICLE 2. <br />AFFORDABILITY COVENANTS <br />2.1 QcWpancy Re uirements. The Units shall be occupied by Residents meeting the <br />following income requirements, and shall be provided in a manner that complies with Municipal <br />Code Chapter 18, Article XVII: <br />(a) Extremely Low Income Units. Sixty -One (61) Units, including thirteen <br />(13) single room occupancy/ studio Units, twenty-five (25) one -bedroom Units and twenty-four <br />(24) two-bedroom Units shall be rented to and occupied by or, if vacant, available for occupancy <br />by Extremely Low Income Households. So long as the Developer is meeting the requirements of <br />this Section 2.1(a), the Developer shall be deemed to be in compliance with the requirements to <br />provide the Density Bonus Units under the Conditions of Approval; <br />(b) Manager's Unit. One (1) one -bedroom Unit shall be available for <br />designation as the manager's unit and shall not be restricted; and <br />(c) Unrestricted Units. The parties agree and acknowledge that sixty-three <br />(63) Units in the Development shall not be restricted under this Agreement, but may be subject <br />to other restrictions voluntarily agreed to by the Developer. Nothing in this Agreement shall <br />limit the Developer's ability to manage the rental of such unrestricted units. <br />1199\09\2724482.6 5 <br />
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