RecDoc 2024-043618 Affordable Housing Restrictive Agreement

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improvements and landscaped areas on Affordable Project, and to attach a lien on Affordable Project, or to assess Affordable Project, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by the City and/or costs of such cure, including a ten percent (10%) administrative charge, which amount shall be promptly paid by the Owner to the City upon demand. ARTICLE 6 MISCELLANEOUS Section 6.1 Lease Provisions. In leasing the Affordable Units, Owner shall use a form of resident lease approved by the City, which shall comply with all requirements of this Agreement and shall, among other matters: (a) Provide for termination of the lease and consent by the Resident to immediate eviction for failure to provide any information required under this Agreement or reasonably requested by Owner to establish or recertify the Resident's qualification for occupancy in Building Three in accordance with the standards set forth in this Agreement. (b) Be for an initial term of not less than one (1) year, unless by mutual agreement between the Resident and Owner (and only if allowed by all financing sources) and provide for no increase in Rent during such year. After the initial year of tenancy, the lease may be month-to-month by mutual agreement of Owner and the Resident; however, Rent may not be raised more often than once a year. Owner will provide each Resident with at least sixty (60) days written notice of any increase in Rent applicable to such Resident, and with such further notice as may be required by Section 2.3 above. (c) Require the Resident to occupy the Affordable Units as the Resident's principal place of residence. (d) Provide for immediate termination of the tenancy of any Resident household where one or more of whose members misrepresented any fact material to the household's qualification as an Extremely Low -Income Household, Very Low -Income Household or Low -Income Household, as applicable. Section 6.2 Lease Tennination. Any termination of a lease of an Affordable Unit (other than for a default by the Resident) or refusal to renew must be preceded by not less than sixty (60) days written notice to the Resident by Owner specifying the grounds for the action and such notice must be given in conformance with California Civil Code Section 1946.1(b). Any termination of a lease for a default of the Resident shall be in accordance with applicable law. Section 6.3 Nondiscrimination. (a) All the Affordable Units shall be available for occupancy on a continuous basis to members of the general public who are income eligible. Owner shall not give preference to any particular class or group of persons in renting the Affordable Units, except to the extent that the Affordable Units are required to be leased to income eligible households pursuant to this REV: 07-12-24 VR 1199\10\3491196.8