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RecDoc2025-000644 Regulatory Agreement and Declaration of Restrictive Coventants 557 E. Bayshore
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RecDoc2025-000644 Regulatory Agreement and Declaration of Restrictive Coventants 557 E. Bayshore
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2/6/2025 12:43:37 PM
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2/6/2025 12:42:59 PM
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Agreement
Doc Num
2025-000644
Rec Date
1/7/2025
Address
557 E. Bayshore - Building A
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rent subsidies pursuant to the existing housing program under Section 8 of the United States <br />Housing Act, or its successor. The Owner shall not apply selection criteria to Section 8 certificate <br />or voucher holders that are more burdensome than criteria applied to all other prospective <br />residents, nor shall the Owner apply or permit the application of management policies or lease <br />provisions with respect to the Project, which have the effect of precluding occupancy of Units by <br />such prospective residents. <br />ARTICLE 5. <br />PROPERTY MANAGEMENT AND MAINTENANCE <br />5.1 Management Responsibilities. The Owner is responsible for all management <br />functions with respect to the Project, including without limitation the selection of residents, <br />certification and recertification of household size and income, evictions, collection of rents and <br />deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital <br />items, and security. The City shall have no responsibility over management of the Project <br />5.2 Resident Selection and Management Plan. The Owner shall submit to the City for <br />approval a "Below Market Rate (BMR) Tenant Selection and Management Plan" for the <br />Affordable Units no later than six (6) months after the commencement of construction of the <br />Project ("Management Plan"), which Management Plan shall include, but not be limited to, details <br />on how Owner plans to market the Affordable Units to prospective applicants in accordance with <br />fair housing law, including efforts to affirmatively further fair housing as defined in Government <br />Code 8899.50, and this Agreement, Owner's Resident selection criteria and how Owner plans to <br />certify the eligibility of applicants. The Management Plan shall contain all the information required <br />under the Affordable Housing Program Guidelines, including but not limited to describing the <br />management policies, identifying the management team and address how the Owner plans to <br />manage and maintain the Affordable Units. The Management Plan shall include the form of rental <br />agreement that the Owner proposed to enter into with the residents. The City shall approve or <br />disapprove (with written explanation for disapproval) of the proposed Management Plan by <br />notifying the Owner in writing within fifteen (15) business days of the date of submission to the <br />City. Owner shall abide by the approved Management Plan in marketing and selecting residents <br />for the Affordable Units and shall submit proposed modifications to the City for review and <br />approval. <br />In addition to the foregoing, the Management Plan shall address the following: <br />(i) The actions to be taken by the Owner to affirmatively market the Affordable <br />Units in compliance with fair housing laws and in compliance with City's policies and procedures. <br />The Owner will market the Affordable Units in languages other than English as required under the <br />City's Language Access Plan, as such may be amended from time to time. Prior to or concurrently <br />with the recordation of this Agreement, the City shall provide Owner with a copy of the City's <br />Language Access Plan and any updates there to. The Owner, at a minimum, shall provide <br />marketing in Spanish; <br />(ii) Criteria for determining Resident eligibility, including certification of <br />household income and size, and establishing reasonable occupancy standards (which shall not <br />REV: 10-23-24 JB <br />Page 12 of 20 <br />ATTY/AGR.2024.20 1 /Redwood Crossing LLC (557 E. Bayshore Affordable Housing Agreement) (Page 12 of 27) <br />
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