RecDoc 2021-146159 353 Main Street Regulatory agreement

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(2) Notwithstanding the preceding paragraph, with respect to familial status, the preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the preceding paragraph." (b) The provisions of this Section shall run with the land and survive termination of this Agreement. 4.4 Section 8 Certificate Holders. The Owner will accept as residents, on the same basis as all other prospective residents, persons who are recipients of federal certificates or vouchers for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. The Owner shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective residents, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Residents. 4.5 Priority to City. Dissolved RDA and City Digglacees. To the maximum extent permitted by law and provided that the applicants meet standard applicant screening standards for the Development Borrower shall give a priority in the rental of any Units to eligible households displaced by activity of the City, the City, or the Dissolved RDA, as provided in Health and Safety Code Section 33411.3. ARTICLE 5. PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Mana ement Responsibilities. The Owner is responsible for all management functions with respect to the Development, including without limitation the selection of residents, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Development. The Owner shall retain a professional property management company, approved by the City in its reasonable discretion, to perform its management duties hereunder. A resident manager shall also be required. The Developer shall submit to the City for approval an initial proposed "Management Plan" no later than six (6) months after the commencement of construction of the Development. The City shall approve or disapprove (with written explanation for disapproval) of the proposed management plan by notifying the Owner in writing within sixty (60) days of the date of submission to the City. 5.2 Management A=t: Periodic Reports. The Development shall at all times be managed by an experienced management agent reasonably acceptable to the City, with demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). As of the 1199\09\2724482.6 14 Document Number: 2021-146159 Page: 15 of 29