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RecDoc2025-040037 Regulatory Agreement and Declaration of Restrictive Covenants 112 Vera Avenue
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RecDoc2025-040037 Regulatory Agreement and Declaration of Restrictive Covenants 112 Vera Avenue
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9/11/2025 10:34:48 AM
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2025-040037
Rec Date
8/6/2025
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material adverse change, cancellation, termination or non -renewal, except for ten (10) days <br />advance notice for cancellation due to nonpayment of premium. <br />(b) Upon commencement of construction and continuing until issuance of a <br />certificate of occupancy, Owner or its successors and assigns acquiring title to the Property and all <br />contractors working on behalf of Owner shall maintain a policy of builder's all-risk insurance in <br />an amount not less than the full insurable cost of the Development on a replacement cost basis. <br />(c) Upon completion of Development construction, Owner or its successors <br />and assigns acquiring title to the Property and Development shall maintain property insurance <br />covering all risks of loss (other than earthquake). <br />4.5 Section 8 Certificate Holders. The Owner will accept as residents, on the same <br />basis as all other prospective residents, persons who are recipients of federal certificates or <br />vouchers for rent subsidies pursuant to the existing housing program under Section 8 of the United <br />States Housing Act, or its successor. The Owner shall not apply selection criteria to Section 8 <br />certificate or voucher holders that are more burdensome than criteria applied to all other <br />prospective residents, nor shall the Owner apply or permit the application of management policies <br />or lease provisions with respect to the Development, which have the effect of precluding <br />occupancy of Units by 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 Development, 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 Development. <br />5.2 Resident Selection and Management Plan. The Owner shall submit to the City <br />for approval the Management Plan for the Affordable Units no later than six (6) months after the <br />commencement of construction of the Development ("Management Plan"), which Management <br />Plan shall include, but not be limited to, details on how Owner plans to market the Affordable <br />Units to prospective applicants in accordance with fair housing law, including efforts to <br />affirmatively further fair housing as defined in Government Code 8899.50, and this Agreement, <br />Owner's Resident selection criteria and how Owner plans to certify the eligibility of applicants. <br />The Management Plan shall contain all the information required under the Affordable Housing <br />Program Guidelines, including but not limited to describing the management policies, identifying <br />the management team and address how the Owner plans to manage and maintain the Affordable <br />Units. T h e Management Plan shall include the form of rental agreement that the Owner proposes <br />to enter into with the Residents. The City shall approve or disapprove (with written explanation <br />for disapproval) of the proposed Management Plan by notifying the Owner in writing within fifteen <br />(15) business days of the date of submission to the City. Owner shall abide by the approved <br />Management Plan in marketing and selecting Residents for the Affordable Units and shall submit <br />proposed modifications to the City for review and approval. <br />REV: 04-03-25 LF <br />ATTY/AGR.2025.060/112 Vera Ave., L.P. (REGULATORY AGREEMENT & RESTRICTIVE COVENANTS) (Page 12 of 22) <br />
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