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(30) days of such written request. If in any year Owner demonstrates to the City's satisfaction there
<br />is insufficient Project cash flow available to pay the annual monitoring fee, the City will permit
<br />the fee to be deferred. Any deferred amounts shall accrue and shall be payable from future Project
<br />cash flow and until such deferred amounts are paid, Owner shall submit to the City annually a
<br />Project cash flow statement. At any time that St. Francis is the Owner, the fees to be charged by
<br />the City pursuant to this Section 3.6 shall not exceed One Thousand Four Hundred Dollars ($1,400)
<br />in any calendar year.
<br />ARTICLE 4.
<br />OPERATION OF THE AFFORDABLE PROJECT
<br />Section 4.1 Residential Use. The Project shall be operated only for residential use. No
<br />part of the Project shall be operated as transient housing in which the term of Resident occupancy
<br />is less than thirty (3 0) days.
<br />Section 4.2 Taxes and Assessments. Owner shall pay all real and. personal property
<br />taxes, assessments, if any, and charges and all franchise, income, employment, old age benefit,
<br />withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such
<br />manner as to prevent any penalty from accruing, or any line or charge from attaching to the Project;
<br />provided, however, that Owner shall have the right to contest in good faith, any such taxes,
<br />assessments, or charges. In the event Owner exercises its right to contest any tax, assessment, or
<br />charge against it, Owner, on final determination of the proceeding or contest, shall immediately
<br />pay or discharge any decision or judgment rendered against it, together with all costs, charges and
<br />interest. Nothing herein shall prohibit Owner from applying for and obtaining the welfare tax
<br />exemption pursuant to Section 214(g) of the California Revenue and Taxation Code.
<br />Section 4.3 Nondiscrimination.
<br />A. Subject to Section 4.1, all of the Units shall be available for occupancy on
<br />a continuous basis to members of the general public who are income eligible, with the manager's
<br />unit excepted. Owner shall not give preference to any particular class or group of persons in
<br />renting the Units, except to the extent that the Units are required to be leased to Extremely Low
<br />Income Households, or pursuant to Section 4.5 below. All deeds, leases or contracts made or
<br />entered into by Owner, its successors or assigns, as to any portion of the Property or the
<br />Improvements shall contain the following language:
<br />(1) "There shall be no discrimination against or segregation of any
<br />person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955
<br />of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m)
<br />and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government
<br />Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises
<br />herein leased nor shall the lessee himself or herself, or any person claiming under or through him
<br />or her, establish or permit any such practice or practices of discrimination or segregation with
<br />reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees,
<br />subtenants, or vendees in the premises herein leased. The foregoing covenant shall run with the
<br />land."
<br />ATTY/AGR/2022.389.02 -HARBOR VIEW PROJECT DA—AFFORDABLE HOUSING COVENANT (86 RENATO COURT)
<br />REV: 03-15-23 VR
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