RecDoc 2022-044651 IQHQ Elco Yards, L.P.

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to the extent that the Units are required to be leased to Low Income Households and Moderate - Income Households. 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 Project, which have the effect of precluding occupancy of Units by such prospective Residents. ARTICLE 5. PROPERTY MANAGEMENT AND MAINTENANCE 5.1 Management Responsibilities. The Owner is responsible for all management functions with respect to the Project, 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 Project. 5.2 Resident Selection and Marketing Plan. The Owner shall submit to the City for approval a Resident selection and marketing plan for the Affordable Units no later than six (6) months after the commencement of construction of the Project ("Marketing Plan"), which Marketing Plan shall include, but not be limited to, details on how Owner plans to market the Affordable Units to prospective applicants in accordance with fair housing law and this Agreement, Owner's Resident selection criteria and how Owner plans to certify the eligibility of applicants. The City shall approve or disapprove (with written explanation for disapproval) of the proposed Marketing Plan by notifying the Owner in writing within sixty (60) days of the date of submission to the City. Owner shall abide by the approved Marketing Plan in marketing and selecting Residents for the Affordable Units and shall submit proposed modifications to the City for review and approval. In addition to the foregoing, the Marketing Plan shall address the following: (i) The actions to be taken by the Owner to affirmatively market units in compliance with fair housing laws and in compliance with City's policies and procedures; (ii) Criteria for determining Resident eligibility, including certification of household income and size, and establishing reasonable occupancy standards (which shall not exceed standards established by state and federal fair housing laws and state housing and building codes) and procedures for screening prospective Residents, including obtaining credit reports, unlawful detainer reports, landlord references and criminal background investigations; (iii) A requirement that eligible Residents be selected based on order of application, lottery, or other reasonable method approved by the City; REV: 04-07-2022 SK ATTY/AGR.2022.067/IQHQ Elco Yards, LP and Kopf & Kopf LLC (Page 9 of 19)