RecDoc 2022-044661- IQHQ TRS Elco Yards,Inc.

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(e) Fair Housing. The Property and Improvements shall be operated at all times in compliance with the provisions of: (1) the Unruh Act; (2) the California Fair Employment and Housing Act, (3) the United States Fair Housing Act, as amended, and (4) any other applicable law or regulation (including the Americans With Disabilities Act, to the extent applicable to the Property and the Improvements). Owner agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to the City) the City, and its council members, agents, officers and employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of Owner's failure to comply with applicable legal requirements related to housing for persons with disabilities. The provisions of this subsection shall survive expiration of the Term or other termination of this Agreement and shall remain in full force and effect. 2.2 Allowable Rent. (a) Very Low -Income Rent. Subject to Section 2.3 below, the Rent charged to the Residents of the Very Low -Income Units shall not exceed one -twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for Assumed Household Size. (b) Low Income Rent. Subject to Section 2.3 below, the Rent charged to Residents of the Low -Income Units shall not exceed one -twelfth (1/121h) of thirty percent (30%) of sixty percent (60%) of Median Income, adjusted for Assumed Household Size. (c) Moderate Income Rent. Subject to Section 2.3 below, the Rent charged to Residents of the Moderate -Income Units shall not exceed one -twelfth (1/12th) of thirty percent (30%) of one hundred ten percent (110%) of Median Income, adjusted for Assumed Household Size. (d) Assumed Household Size. In calculating the allowable Rent for the Units, Assumed Household Size shall be determined pursuant to the terms of Health and Safety Code Section 50052.5(h). (e) No later than November 1 of each calendar year, the City shall provide the Owner with a schedule of permissible maximum Very Low -Income Rents, Low -Income Rents and Moderate -Income Rents for the succeeding year. Under no circumstance may Owner raise rents above the permissible maximum rents as allowed under the annual rent schedule provided by the City. 2.3 Increased Income of Residents. (a) Vely Low -Income Household to Low Income Household. If, upon recertification of a Resident's income, the Owner determines that a former Very Low -Income Household's Adjusted Income has increased and exceeds the qualifying income for a Very -Low Income Household set forth in Section 1.1 above, but does not exceed the qualifying limit for a Low -Income Household as set forth in Section 1.1 above, then, upon expiration of the Resident's lease: REV: 04-07-2022 SK (1) Such Resident's Unit may be considered a Low -Income Unit; ATN/AGR.2022.066/IQHQ TRS Elco Yards, Inc. (Page 5 of 19)