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4.18 Onsite Parking Management Plan. Developer has agreed to provide twenty (20) ofsite <br />parking stalls for residents and visitors of the Project and actively monitor the parking demand of <br />the Project site. Developer shall continually monitor and take commercially reasonable measures <br />to manage the parking demand of the Project site - to mitigate the use of offsite parking spaces on <br />private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy, <br />Developer shall submit and obtain approval from the Planning and Building Agency of a Parking <br />Management Plan (the "PMP") to address the parking demands of the Project. The approved PMP <br />shall be adhered to and be enforced by the Project at all times. <br />4.19 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to <br />Eligible Households selected by Developer who meet all of the requirements provided herein. <br />Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a <br />marketing program and resident selection plan for the leasing of the Affordable Units at the Project <br />("Marketing Program"). The leasing of the Affordable Units shall thereafter be marketed in <br />accordance with the Marketing Program as the same may be amended from time to time with <br />City's prior written approval. Upon request, Developer shall provide City with periodic reports <br />with respect to the leasing of the Housing Units. <br />4.19.1 The Marketing Program shall include, but is not limited to, <br />marketing and community outreach activities, proposed tenant selection criteria, <br />occupancy standards, income requirements, timeline and details for outreach and <br />marketing, data collection, record keeping and monitoring, procedures for complaints, and <br />compliance assessment. Components of the resident selection plan shall include, but are <br />not limited to, the application process, interview procedure, apartment offer and <br />assignment, rejected applications, and wait list management. All requirements set forth <br />herein shall be incorporated in the Marketing Program. <br />5. EFFECT OF LOSS OF PROJECT SUBSIDY AND/OR FORECLOSURE <br />It is anticipated that the Project will be supported by various subsidy programs, including, <br />without limitation, Project -Based Section 8 rental subsidy payments, and a capitalized operating <br />subsidy reserve (collectively with any other subsidies committed to the Project as of the Effective <br />Date, the "Project Subsidy"). Notwithstanding anything to the contrary contained in this <br />Agreement, if, during the "Density Bonus Housing Agreement Term" (as defined in Section 6 <br />below), (i) any portion of the Project Subsidy is reduced, terminated or not renewed, through no <br />fault of Developer, such that the Project Subsidy as it exists as of the Effective Date is no longer <br />available (or available in a lesser amount) then the Developer may request approval of the City <br />(any such request, an "Affordability Adjustment Request") to (a) allow persons and families whose <br />income does not exceed sixty (60%) of the area median income for the Orange County, California <br />PMSA, adjusted for household size, as published by HCD ("60%Households") to rent and occupy <br />some or all of the Affordable Units (any such Affordable Units, the "Adjusted Affordable Units"), <br />and (b) to increase the rent on the Adjusted Affordable Units to rents that are affordable to 60% <br />Households, pursuant to Health and Safety Code section 50053(b). <br />15 <br />9138-126780\1517029.2 <br />