Common use of Residential Uses Clause in Contracts

Residential Uses. Commencing from the date of Closing and continuing for a period of fifty-five (55) years from Conversion (the “Covenant Period”), Developer on behalf of itself and its successors, assigns, and each successor in interest to Developer’s interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All of the Affordable Units shall be available to Low Income, Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as Exhibit “B” and incorporated herein by this reference. (2) A minimum of seven (7) of the Affordable Units shall be designated as Supportive Housing Units. (3) The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4) Developer agrees that among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer shall, subject to applicable regulations of federal and state fair housing, TCAC, and the Internal Revenue Service, and HCD requirements, give preferences to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, shall be given first priority for the Supportive Housing Units; (ii) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible persons. (5) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from the date of Closing and continuing for For a period of fiftysixty-five (5565) years commencing from Conversion the Completion (as defined in the OPA) (“the Covenant Period”), Developer Owner on behalf of itself and its successors, assigns, and each successor in interest to DeveloperOwner’s interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All of the The Affordable Units shall only be available to Low Income, Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the OPA, this Agreement, and the Schedule of Affordable Rents attached hereto as Exhibit “B” and incorporated herein by this reference. There shall be one (1) Unrestricted Unit to be used by the resident manager of the Project. In accordance with the Schedule of Affordable Rents, a minimum of fourteen (14) Affordable Units shall be Low Income units with Affordable Rent, a minimum of thirty-six (36) Affordable Units shall be Very Low Income units with Affordable Rent, and a minimum of twenty-two (22) Affordable Units shall be Extremely Low Income units with Affordable Rent. (2) A minimum of seven (7) of the Affordable Units shall be designated as Supportive Housing Units. (3) The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (43) Developer agrees that among Low IncomeExcept for any Affordable Units designated by Owner as residential manager, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an which shall not exceed one (1) Affordable Unit, Developer shallno officer, subject employee, agent, official, or consultant of Owner may occupy any of the Affordable Units. (4) A minimum of sixteen (16) of the Affordable Units shall be designated as Supportive Housing Units, that will serve the County MHSA residents, and be secured by a separate agreement with Cal HFA. Fifty-six (56) of the Affordable Units shall be reserved for very low- and low-income homeless individuals. Notwithstanding the foregoing, if the San Diego Housing Commission does not provide a total of 72 Section 8 Vouchers to the Project, the City agrees to work with the Owner to address the gap in funding in order to ensure the financial and operational viability of the Project, recognizing that possible remedies may include finding alternative sources of operational subsidy, increasing rents to the extent legally permissible, or other solutions. (5) Subject to applicable regulations of federal and state fair housinghousing laws, TCAC, and the Internal Revenue Service, and HCD requirements, make reasonable efforts to give preferences priority to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, shall be given first priority for the Supportive Housing Units; (ii) applicants those individuals who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to and/or those individuals who are verified to have experienced unsheltered homelessness within any the Centre City Redevelopment Project Area area or the Xxxxxx Plaza Redevelopment Project area in the City of San Diego (collectively, the (“Project Areas”) within one (1) year of application over other eligible persons. (5) Developer . The Owner agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer Owner shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicantsUnits. Said fair housing marketing marking plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area Areas within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from the date of Closing and continuing for For a period of fifty-five (55) years commencing from the Conversion (“the “Covenant Period”), Developer Owner on behalf of itself and its successors, assigns, and each successor in interest to Developer’s Owner's interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All of the Affordable Units shall be available to Low Moderate Income, Very Low Income, and Extremely Very Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as Exhibit “B” and incorporated herein by this reference. (2) A minimum of seven Forty-one (741) of the Affordable Units shall be designated as Supportive Housing Units, of which thirty-one (31) shall be designated as MHSA Supportive Housing Units. The MHSA Supportive Housing Units shall be additionally restricted in accordance with the MHSA Regulatory Agreement (Attachment No. 25 to the DDA). (3) The Developer shall determine the maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined in accordance with the Schedule of Affordable Rents in Exhibit B attached hereto on the basis of the Area Median Income for San Diego Countyincome limits published from time to time by TCAC. (4) Developer agrees that among Low Moderate Income, Very Low Income, and Extremely Very Low Income households who are otherwise eligible to rent an Affordable Unit, Developer shall, subject to applicable regulations of federal and state fair housing, TCAC, and the Internal Revenue Service, and HCD requirements, make reasonable efforts to give preferences priority to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, shall be given first priority for the Supportive Housing Units; (ii) applicants those individuals who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) Diego. Developer agrees that among Low Income, Income and Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation regulastion of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any the Centre City Redevelopment Project Area within one (1) year of application over other eligible persons. (5) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting MHSA and special needs applicants. Said fair housing marketing marking plan shall include adequate outreach and referral systems for the seven forty-one (741) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Centre City Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer Owner covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer Owner or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer Owner (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer Owner shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) No Except for resident managers, no officer, employee, agent, official or consultant of Developer Owner may occupy any of the Affordable Units.

Residential Uses. Commencing from For the date of Closing and continuing for a period of fifty-five (55) years from Conversion (the “Covenant Period”), Developer Owner on behalf of itself and its successors, assigns, and each successor in interest to Developer’s Owner's interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All of the Affordable Eligible Residential Units shall be available to Low Income, Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as Exhibit “B” and incorporated herein by this reference. (2) A minimum of seven (7) of Owner shall determine the Affordable Units shall be designated as Supportive Housing Units. (3) The maximum incomes of all tenants eligible to rent an Eligible Residential Unit in accordance with the Schedule of Affordable Unit shall be determined Rents in Exhibit B attached hereto on the basis of the Area Median Income for San Diego Countyincome limits published from time to time by HCD. (43) Developer agrees that among Low Income, Very Low Income, and Among the Extremely Low Income households who are otherwise eligible to rent an Affordable Unitthe Eligible Residential Units, Developer shallOwner, subject to applicable regulations of federal together with its successors and state fair housing, TCAC, and the Internal Revenue Service, and HCD requirements, give preferences to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive servicesassigns, shall be given make reasonable efforts to give first priority for the Supportive Housing Units; (ii) applicants priority, over other eligible persons, to those persons who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible personsDiego. (5) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (64) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer Owner covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer Owner or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Eligible Residential Unit, and all supporting documentation, on forms provided by Developer Owner (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Eligible Residential Units and eligibility of tenants. Developer Owner shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (75) No Except for resident managers, no officer, employee, agent, official or consultant of Developer Owner may occupy any of the Affordable Eligible Residential Units.

Residential Uses. Commencing from the date of Closing and continuing for For a period of fifty-five (55) years commencing from the Conversion (the “Covenant Period”), Developer on behalf of itself and its successors, assigns, and each successor in interest to Developer’s interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) . All of the Affordable Units shall be available to Low Income, Very Low Income, Income and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as to Exhibit “B” and incorporated herein by this referenceof the Agreement Affecting Real Property (Attachment No. 6). (2) . A minimum of seven (7) of the Affordable Units shall be designated as Supportive Housing Units. (3) . The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4) . Developer agrees that among Low Income, Very Low Income, Income and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer shall, subject to applicable regulations of federal and state fair housing, TCAC, and the Internal Revenue Service, Service and HCD requirements, give preferences to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA102, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, shall be given first priority for the Supportive Housing Units; (ii) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, Income and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible persons. (5) . Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) . City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained hereinin this Section 401(c). Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) . No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from During the date of Closing and continuing for a period of fifty-five (55) years from Conversion (the “Covenant Period”), Developer Tenant on behalf of itself and its successors, assigns, and each successor in interest to DeveloperTenant’s interest in the Property Leased Premises and/or Improvements or any part thereof, hereby covenants and agrees as follows: (1i) All Except for the Manager Units, all of the Affordable Units shall be available to Low Income, Income and Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as attachedto Exhibit “B” and incorporated herein by this referenceof the Agreement Affecting Real Property, as more specifically referenced in Section 5.6 herein. (2ii) A minimum of seven Eighty-eight (788) of the Affordable Afford able Units shall be designated as Supportive Housing Units, of which twenty-five (25) shall be designated as MHSA Supportive Housing Units. The MHSA Supportive Housing Units shall be restricted in accordance with the MHSA Regulatory Agreement (Attachment No. 25 to the DDA). (3iii) The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4iv) Developer Tenant agrees that among Low Income, Income and Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer Tenant shall, subject to applicable regulations of federal and state fair housing, TCACTax Credit Allocation Committee, and the Internal Revenue Service, Service and HCD requirements, give preferences to applicants, as follows: (ia) applicants meeting the eligibility requirements under the MHSA program shall be given first priority for the MHSA Supportive Housing Units; (b) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, under the MHP programs shall be given first priority for the Supportive Housing Units;, excluding the MHSA Supportive Housing Units; and (iic) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible persons. (5d) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with Agency and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commissionin this Section 5.1. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from the date of Closing and continuing for For a period of fifty-five (55) years commencing from the Conversion (“the “Covenant Period”), Developer on behalf of itself and its successors, assigns, and each successor in interest to Developer’s interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All . Except for the Manager Units, all of the Affordable Units shall be available to Low Moderate Income, Low Income and Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as to Exhibit “B” and incorporated herein by this referenceof the Agreement Affecting Real Property (Attachment No. 6). (2) . A minimum of seven fifty-three (753) of the Affordable Units shall be designated as Supportive Housing Units. (3) . The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4) . Developer agrees that among Moderate Income, Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer shall, subject to applicable regulations of federal and state fair housing, TCAC, and the Internal Revenue Service, Service and HCD requirements, give preferences to applicants, as follows: (i) tenants residing at the Hotel Metro at the time of Completion shall be given first priority for the Affordable Units and Supportive Housing Units; (ii) applicants meeting the eligibility requirements for Supportive Housing Units as defined in the Multifamily Housing Program (MHP) Regulations at 25 C.F.R. Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, 7341 shall be given first second priority for the Supportive Housing Units; (iiiii) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iiiiv) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any the Centre City Redevelopment Project Area within one (1) year of application over other eligible persons. (5) . Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from During the date of Closing and continuing for a period of fifty-five (55) years from Conversion (the “Covenant Period”), Developer Tenant on behalf of itself and its successors, assigns, and each successor in interest to DeveloperTenant’s interest in the Property Leased Premises and/or Improvements or any part thereof, hereby covenants and agrees as follows: (1i) All Except for the Manager Units, all of the Affordable Units shall be available to Low Income, Income and Very Low Income, and Extremely Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as to Exhibit “B” and incorporated herein by this referenceof the Agreement Affecting Real Property, as more specifically referenced in Section 5.6 herein. (2ii) A minimum of seven Eighty-eight (788) of the Affordable Units shall be designated as Supportive Housing Units, of which twenty-five (25) shall be designated as MHSA Supportive Housing Units. The MHSA Supportive Housing Units shall be restricted in accordance with the MHSA Regulatory Agreement (Attachment No. 25 to the DDA). (3iii) The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4iv) Developer Tenant agrees that among Low Income, Income and Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer Tenant shall, subject to applicable regulations of federal and state fair housing, TCACTax Credit Allocation Committee, and the Internal Revenue Service, Service and HCD requirements, give preferences to applicants, as follows: (ia) applicants meeting the eligibility requirements under the MHSA program shall be given first priority for the MHSA Supportive Housing Units; (b) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, under the MHP programs shall be given first priority for the Supportive Housing Units;, excluding the MHSA Supportive Housing Units; and (iic) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible persons. (5d) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with Agency and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commissionin this Section 5.1. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.

Residential Uses. Commencing from the date of Closing and continuing for For a period of fifty-five (55) years commencing from the Conversion (“the “Covenant Period”), Developer on behalf of itself and its successors, assigns, and each successor in interest to Developer’s interest in the Property or any part thereof, hereby covenants and agrees as follows: (1) All . Except for the Manager Units, all of the Affordable Units shall be available to Low Moderate Income, Very Low Income, and Extremely Very Low Income households at an Affordable Rent in accordance with the Schedule of Affordable Rents attached hereto as to Exhibit “B” of the Agreement Affecting Real Property (Attachment No. 6). Section 3.d of the Agreement Affecting Real Property provides for a specified increase in maximum monthly affordable rents for certain Affordable Units in the event of completion of foreclosure by the Construction Lender. Upon Developer’s written request, the Mayor is authorized to approve a separate increase in maximum monthly affordable rents upon termination or discontinuation of the Section 8 Voucher Program benefitting the Project only if the Mayor determines: (a) the potential for termination or discontinuation of the Section 8 Voucher Program benefitting the Project poses a legitimate threat to the viability of the Project, and incorporated herein (b) allowing such increase in maximum affordable rents for affected units upon Termination of the Section 8 Voucher Program benefitting the Project would not have any material adverse impact on the City’s interests. The Mayor, in his or her reasonable discretion, may decide to present such an increase in maximum affordable rents to the City Council for approval if the Mayor is unable to determine that: (a) the potential for termination or discontinuation of the Section 8 Voucher Program benefitting the Project poses a legitimate threat to the viability of the Project, and (b) allowing such increase in maximum affordable rents for affected units upon Termination of the Section 8 Voucher Program benefitting the Project would not have any material adverse impact on the City’s interests. Any increase in maximum affordable rents approved by this referenceCity as a result of a termination of the Section 8 Voucher Program shall not be deemed automatically permanent. Instead, any increased maximum affordable rents shall be restored to their original levels to the extent that the Section 8 Voucher Program or any similar replacement rental subsidy program is restored after initially being terminated or discontinued. 2. Forty-one (2) A minimum of seven (741) of the Affordable Units shall be designated as Supportive Housing Units, of which thirty-one (31) shall be designated as MHSA Supportive Housing Units. The MHSA Supportive Housing Units shall be restricted in accordance with the MHSA Regulatory Agreement (Attachment No. 25). (3) . The maximum incomes of all tenants eligible to rent an Affordable Unit shall be determined on the basis of the Area Median Income for San Diego County. (4) Developer agrees that among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent an Affordable Unit, Developer shall, subject to applicable regulations of federal and state fair housing, TCAC, and the Internal Revenue Service, and HCD requirements, give preferences to applicants, as follows: (i) applicants meeting the eligibility requirements for Supportive Housing Units as defined in Section 102 of the DDA, requiring an individual or household with an individual that is homeless or at risk of homelessness, has Extremely Low Income and may also have special needs for supportive services, shall be given first priority for the Supportive Housing Units; (ii) applicants who have been displaced by any redevelopment project within the City of San Diego shall be given priority over other applicants meeting the same eligibility requirements; and (iii) among Low Income, Very Low Income, and Extremely Low Income households who are otherwise eligible to rent a Supportive Housing Unit, Developer shall, subject to applicable regulation of federal and state fair housing, TCAC, and the Internal Revenue Service, make reasonable efforts to give priority to those individuals who are verified to have experienced unsheltered homelessness within any Redevelopment Project Area within one (1) year of application over other eligible persons. (5) Developer agrees that prior to the initial rent-up of the Affordable Units, subject to Section 401(c)(4) of the DDA, Developer shall consult with and obtain the approval of the City in developing a fair housing marketing plan for renting the Affordable Units and targeting special needs applicants. Said fair housing marketing plan shall include adequate outreach and referral systems for the seven (7) Supportive Housing Units to assure that eligible persons who have experienced unsheltered homelessness within the Southeastern San Diego Merged Redevelopment Project area within one (1) year of their application are provided with adequate opportunities to apply for the Affordable Units. (6) City and the San Diego Housing Commission (the “Housing Commission”), and their respective successors and assigns, shall have the right, but not the obligation, to monitor and enforce the covenants contained herein. Developer covenants that it shall comply with any monitoring program set up by City and/or the Housing Commission to enforce said covenants. In complying with such monitoring program, Developer or its agent shall prepare and submit to City (or the Housing Commission) an occupancy report, financial information and income verification documents for each tenant of an Affordable Unit, and all supporting documentation, on forms provided by Developer (or the Housing Commission), annually, setting forth the required information for the preceding year. City (or the Housing Commission) shall review such reports within 14 days of receipt for certification of continuing affordability of the Affordable Units and eligibility of tenants. Developer shall pay such reasonable costs associated with said monitoring and enforcement efforts as required by the Housing Commission. (7) No officer, employee, agent, official or consultant of Developer may occupy any of the Affordable Units.