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<br /> <br />Exhibit F-5 <br />ATTY/AGR/2022.389/HARBOR VIEW PROJECT DEVELOPMENT AGREEMENT <br />REV: 10-28-2022 VR <br />A. Extremely Low-Income Units. [INSERT FOR 33, 44 AND 50 RENATO <br />COURT– “Fifty (50)” or INSERT FOR 86 RENATO COURT - “Fourteen (14)”] 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 33, 44 AND 50 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 times <br />in compliance with the provisions of: (1) the Unruh Act; (2) the California Fair Employment and <br />Housing Act, (3) Section 504 of the Rehabilitation Act of 1973; (4) the United States Fair Housing <br />Act, as amended, and (5) any other applicable law or regulation (including the Americans With <br />Disabilities Act, to the extent applicable to the Property and the Improvements). Owner agrees to <br />indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to the City) the <br />City, and its council members, agents, officers and employees, from all suits, actions, claims, <br />causes of action, costs, demands, judgments and liens arising out of Owner's failure to comply <br />with applicable legal requirements related to housing for persons with disabilities. The provisions <br />of this subsection shall survive expiration of the Term or other termination of this Agreement and <br />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 of <br />low income housing tax credits, otherwise Assumed Household Size shall be determined pursuant <br />to the terms of Health and Safety Code Section 50052.5(h): <br /> <br />Number of Bedrooms <br /> <br />Assumed Household Size <br />Studio 1 <br />One 2 <br />Two 3 <br />Three <br />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 succeeding <br />year. Under no circumstance may Owner raise rents above the permissible maximum rents as <br />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