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A. Extremely Low -Income Units. [INSERT FOR 36, 44 AND 70 RENATO <br />COURT "Fifty (SO)" or INSERT FOR 86 RENATO COURT - "Fourteen (I4)"1 Units shall be <br />rented to and occupied by or, if vacant, available for occupancy by Extremely Low -Income <br />Households; <br />B. [INSERT ONLY FOR 36, 44 AND 70 RENATO COURT — "Manager's <br />Unit. One (1) one -bedroom Unit shall be available for designation as the manager's unit and shall <br />not be restricted; and" <br />C. Fair Housing. The Property and Improvements shall be operated at all <br />times in compliance with the provisions of: (1) the Unruh Act; (2) the California Fair <br />Employment and Housing Act, (3) Section 504 of the Rehabilitation Act of 1973; (4) the United <br />States Fair Housing Act, as amended, and (5) any other applicable law or regulation (including <br />the Americans With Disabilities Act, to the extent applicable to the Property and the <br />Improvements). Owner agrees to indemnify, protect, hold harmless and defend (by counsel <br />reasonably satisfactory to the City) the City, and its council members, agents, officers and <br />employees, from all suits, actions, claims, causes of action, costs, demands, judgments and liens <br />arising out of Owner's failure to comply with applicable legal requirements related to housing for <br />persons with disabilities. The provisions of this subsection shall survive expiration of the Term <br />or other termination of this Agreement and shall remain in full force and effect. <br />Section 2.3 Allowable Rent. <br />A. Extremely Low -Income Rent. Subject to Section 2.3 below, the Rent <br />charged to Residents of the Extremely Low -Income Units shall not exceed an Extremely Low - <br />Income Rent. <br />B. Assumed Household Size. In calculating the allowable Rent for the Units, <br />the following "Assumed Household Sizes" shall be utilized if the Project receives an allocation <br />of low income housing tax credits, otherwise Assumed Household Size shall be determined <br />pursuant to the terms of Health and Safety Code Section 50052.5(h): <br />umber of Bedrooms Assumed Household Size <br />Studio 1 <br />One 2 <br />Two 3 <br />Three 4 <br />C. No later than November 1 of each calendar year, the City shall provide the <br />Owner with a schedule of permissible maximum Extremely Low -Income Rents for the <br />succeeding year. Under no circumstance may Owner raise rents above the permissible maximum <br />rents as allowed under the annual rent schedule provided by the City. <br />Section 2.4 Displacement Reduction Policy. Owner acquired the property with the <br />intent to provide housing for Extremely Low Income Households. At the time of acquisition, the <br />AM/AGR/2022.389/HARBOR VIEW Exhibit F-5 <br />PROJECT DEVELOPMENT AGREEMENT <br />REV: 10-28-2022 VR <br />