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4. Section 2 , Maximum Allowable Rent and Utility Allowances , of the Declaration <br />is hereby amended to read as follows , replacing all references to the term "a llowable rent" <br />with "affordable rent /' and retitling the section as "Maximum Affordable Rent and Utility <br />Allowances": <br />2 . Maximum Affordable Rent and Utility Allowan ces. The maximum <br />affordable rents must be redu ced if the tenant/s pay/s for utilities. The <br />maximum rent includes all utilities and housing-related services , except <br />telephone and cable TV. Allowances provide a mechani sm for reducing the <br />maximum affordable rent when some or all utilities are paid by the tenant/s. <br />The City uses the San Mateo County Housing Authority allowance schedule <br />to determine utility allowances which vary depending on the type of unit and <br />utilities available in the unit. <br />5. Section 3, Maximum Rents (Low Affordable Units), Section 4 , Maximum <br />Rents (Very Low Affordab le Units), and Section 5 , Maximum Rents (Extreme ly Low <br />Affordable Units) are hereby deleted from the Declaration. <br />6. Al l othe r provisions of the Declaration will remain in full force and effect. <br />7. Al l requisite insurance policies to be maintained by Contractor pursua nt to <br />the Agreement wi ll include coverage for this Amendment. <br />8. The individuals executing this Amendment and the instruments referenced <br />in it on behalf of Contractor each represent and warrant that they have the legal power, <br />right , and actual authority to bind Contractor to the terms and conditions of this <br />Amendment. <br />[Signature Page Follo ws] <br />ATTY/AGR/2019/AMENDMENTS/AMEND NO. 1 -MIDPEN MOSAIC GARDENS (ATHERTON COURT) <br />REV: 04-22-19 DZ <br />Page 4 of 5