Anaheim City Council
May 24, 2022

4893-1713-7678v9/022620-0095
attorneys’ fees, or relocation benefits claimed or payable under applicable Relocation Laws (for purposes hereof, the foregoing shall be referred to as “Liabilities”) which may now or in the future be incurred or suffered by Indemnitees by reason of, or resulting, i n full or in part, or in any respect whatsoever from the Relocation of lawful residents of the Site pursuant to or resulting from the implementation this Regulatory Agreement (but excluding Liabilities, if any, incurred as the result of an Indemnitee’s gross negligence or willful misconduct or a breach by Authority of any representation, warranty or covenant contained in this Regulatory Agreement. At the request of Developer, Authority shall cooperate with and assist Developer in its defense of any such cl aim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense; provided that Authority shall not be obligated to incur any expense in connection with such cooperation or assistance.

2.5.2 Release. Developer , on behalf of itself and its Affiliates, and any and all successors and assigns hereby fully and finally releases the Indemnitees from any and all manner of actions, causes of action, suits, obligations, liabilities, judgments, executions, debts, claims a nd demands of every kind and nature whatsoever, known and unknown, which Developer and any of its affiliates, successors or assigns may now have or hereafter obtain against the Indemnitees by reason of, arising out of, relating to, or resulting from in ful l or in part, the election of Developer to proceed with the Project pursuant to this Regulatory Agreement except to the extent arising out of the gross negligence or willful misconduct of any of the Indemnitees or a breach by Authority of any representation, warranty or covenant contained in this Regulatory (collectively, “Claims”), which release shall include but not be limited to any Claims for Relocation assistance or benefits under federal, state, local, or any other applicable laws or Governmental Requirements, except to the extent arising out of the gross negligence or willful misconduct of any of the Indemnitees or a breach by Authority of any representation, warranty or covenant contained in this Regulatory Agreement. The parties agree that, with re spect to the release of Claims as set forth above, all rights under Section 1542 of the California Civil Code and any similar law of any state or territory of the United States are expressly waived. Section 1542 reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR

DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME

OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Developer Initials: ______

2.6 Leases; Rental Agreements for Housing Units . Developer shall use a standard lease form for use at the Project as approved by the Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed; the lease form shall comply with the requirements of this Regulatory Agreement, including all applicable provisions of the HAL and the Section 8 Laws.

Developer shall enter into a written lease, in the form approved by Authority (which approval shall not be unreasonably withheld, condit ioned or delayed), with each tenant/tenant household of the Project. During the Affordability Period, any material changes to the lease form are subject to the reasonable review and approval of the Executive Director, which approval shall not be unreasona bly withheld, conditioned or delayed.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095

2.6.1 Prohibited Lease Terms . The tenant lease may not contain any of the following provisions:
(a) Agreement to be sued . Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease; (b) Treatment of property . Agreement by the tenant that the owner may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the Housing Unit. The owner may dispose of this personal property in accordance w ith State law;
(c) Excusing owner from responsibility . Agreement by the tenant not to hold Developer or Developer’s agents legally responsible for any action or failure to act, whether intentional or negligent;
(d) Waiver of notice . Agreement of the tenant that De veloper may institute a lawsuit without notice to the tenant;
(e) Waiver of legal proceedings. Agreement by the tenant that Developer may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Waiver of a jury trial. Agreement by the tenant to waive any right to a trial by jury;
(g) Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease;
(h) Tenant chargeable with cost of legal actions regardless of outcome .

Agreement by the tenant to pay attorney’s fees or other legal costs even if the tenant wins in a court proceeding by Developer against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses; and
(i) Mandatory Social and/or Supportive Services. Agreement by the tenant (other than a tenant in transitional housing) to a ccept social and/or supportive services that are offered.
(j) Termination of Tenancy. Developer may not terminate the tenancy or refuse to renew the lease of a tenant of a Housing Unit within the Project except for failure to pay rent, serious or repeated violation of the terms and conditions of the lease; for violation of applicable federal, state, or local law; or for other good cause. Any termination or refusal to renew must be preceded by not less than thirty (30) calendar days (or such longer period as m ay be required by applicable laws) by Developer’s service upon the tenant of a written notice specifying the grounds for the action unless the termination is pursuant to a legal action in unlawful detainer subject to applicable federal and state laws and HUD regulations.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095

2.7 Supportive Services . Developer shall use its best efforts to implement the Supportive Services Plan, and such other services as may be approved by the Authority Executive Director, which approval shall not be unreasonably withheld. Any reduction of or material change in the scope, amount, or type of social and supportive services to be provided at the Site shall be subject to prior approval of Authority, which approval shall not be unreasonably withheld, conditioned or delayed. Developer shall provide Supportive Services at the Project in accordance with this Section

2.7 throughout the Affordability Period. The Supportive Services Plan shall be implemented by Developer shall be included in its annual operating budget and may be paid for, in whole or in part, with grants or loans from third parties.

2.7.1 Alternative Supportive Services. In the event that, despite Developer’s best efforts, Developer is unable to provide all of the Supportive Services described in the Authority- approved plan, Dev eloper shall use reasonable best efforts to provide comparable social and supportive services programming at the Project that are reasonably similar in scope and content to the Supportive Services Plan during the entire Affordability Period. Such substitute services shall be subject to the prior written approval of the Authority Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the charact eristics of the Senior Citizen resident population at the Project change substantially, Authority Executive Director shall have the authority to approve revisions to the Supportive Services Plan in her/his reasonable discretion.

3. Maintenance.

3.1 General Main tenance. Developer shall maintain the Site and all improvements thereon, including lighting and signage, in good condition, free of debris, waste and graffiti, and in compliance with all applicable provisions of the Anaheim Municipal Code. Developer shall maintain in accordance with the Maintenance Standards the improvements and landscaping on the Site. Such Maintenance Standards shall apply to all buildings, signage, common amenities, lighting, landscaping, irrigation of landscaping, architectural eleme nts identifying the Site and any and all other improvements on or about the Site. To accomplish the maintenance, Developer shall either staff or contract with and hire licensed and qualified personnel to perform the maintenance work, including the provision of labor, equipment, materials, support facilities, and any and all other items necessary to comply with the requirements of this Regulatory Agreement.

3.2 Maintenance Standards. Developer and its maintenance staff, contractors or subcontractors shall comply with the following maintenance standards as to the Site and overall Project (collectively, “Maintenance Standards”):
(a) The Site shall be maintained in conformance and in compliance with the approved final as-built plans, and reasonable maintenance standards which comply with the industry standard for comparable first quality senior affordable housing projects in the County, including but not limited to painting and cleaning of all exterior surfaces and other exterior facades comprising all private improvements and public improvements to the curbline. (b) Landscape maintenance shall include, but not be limited to:
watering/irrigation; fertilization; mowing; edging; trimming of grass; tree and shrub pruning; trimming and shaping of trees and shrubs to maintain a healthy appearance and safe road conditions and visibility, and irrigation coverage; replacement, as needed, of all irrigation components and plant

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees, as necessary.
(c) Hardscape maintenance shall include, but not be limited to: driveway, parking stalls, parking stops, walkways (whether concrete, pavers, flagstone or other non-concrete material), must be kept free of trip/fall hazards greater than one-quarter inch (¼ inch); planter borders, retaining features, water features, fencing (metal, wood, vinyl), and outdoor furniture. (d) Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed -free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from improvements and landscaping prior to mowing; cl earance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.

3.2.2 Notice of Non-Compliance with Maintenance Standards. Authority agrees to notify Developer in writing if the condition of the Site does not meet with the Maintenance Standards and to specify the deficiencies and the actions required to be taken by Developer to cure the deficiencies. Upon notification of any maintenance deficiency, Developer shall have thirty (30) days within which to correct, remedy or cure the deficiency (or commence to correct, remedy or cure the deficiency and thereafter diligently pursue the same.) If the written notification states the problem is urgent relating to the public health and safety, then Developer shall have forty- eight (48) hours to rectify the problem, or at a minimum render the condition safe (and thereafter commence and complete with due diligence a complete correction of the problem.) In the event Developer does not maintain the Site in the manner set forth herein and in accordance with the Maintenance Standards, Authority shall have, in addition to any other rights and remedies hereunder after the notice and cure periods set forth herein, the right to maintain the Site, or to contract for the correction of such deficiencies, after written notice to Developer, and Developer shall be responsible for the payment of all such costs incurred by Authority.

3.2.3 Program Maintenance. In addition to the routine maintenance and repair required pursuant to Section 4.10.1, Developer shall perform the following minimum programmed maintenance of the Improvements to the Site with due consideration by the Executi ve Director of the most recent PCNA as a primary factor:
(a) Interior painting and window covering replacement at least every five (5) years;
(b) Exterior painting at least every ten (10) years;
(c) Repair and resurfacing of parking areas and walkways at least every five (5) years; and
(d) Replacement of all deteriorated or worn landscaping and outdoor furnishings or related equipment at least every five (5) years.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
(i) Upon the request of Developer, the Executive Director, at her sole and absolute discretion, may grant a waiver or deferral of any program maintenance requirement. Developer shall keep such records of maintenance and repair as are necessary to prove performance of the program maintenance requirements.

3.3 Occupancy Limits. The minimum occupancy of the Housing U nits shall not be less than one person per studio and one -bedroom Housing Units. The maximum occupancy of the Housing Units shall not exceed more than such number of persons as is equal to two persons per bedroom, plus one; thus (a) for the studio 0-bedroom Housing Units the maximum occupancy is two persons, and (b) for the one-bedroom Housing Units the maximum occupancy shall not exceed three (3) persons.

3.4 Management of the Project.

3.4.1 Property Manager . Developer shall manage the Project, or cause such property management, including Site and Improvements in a prudent and business -like manner, consistent with good property management standards for other comparable Senior Citizen high quality, well managed affordable rental housing projects in the County. Developer may contract with a property management company or property manager, to operate and maintain the Project in accordance with the terms of this Section 3.4 (“Property Manager”); provided, however, the selection and hiring of the Property Manager (and each successor or assignee), including any Affiliate, is and shall be subject to prior written approval of Authority’s Executive Director (or designee) in her or his sole and reasonable discretion, which approval shall not be unreasonably withheld, condit ioned or delayed. RCM is hereby approved to act as the Property Manager, subject to Executive Director review of the scope of services, itemized fees, and fee contract for property management between Developer and RCM. The property management contract sh all include express provisions referencing this Authority Regulatory Agreement with acknowledgement of receipt and review of such agreements and that RCM (or successive Property Manager) shall manage the Project in compliance therewith. In particular, the Property Manager shall manage the Project in accordance with the definitions of Affordable Rent herein, the tenant selection requirements herein, and the definitions of Very Low Income and Low Income herein. Any fee paid to the Property Manager for Supportive Services provided to the tenants shall be exclusive of the fee paid to the Property Manager relating to the management of the Project. Except for RCM, Developer shall conduct due diligence and background evaluation of any potential third party prope rty manager or property management company to evaluate experience, references, credit worthiness, and related qualifications as a property manager. Any proposed property manager shall have significant and relevant prior experience with Senior Citizen affordable housing projects and properties comparable to Bel’Age Senior Apartments and the references and credit record of such property manager/company shall be investigated (or caused to be investigated) by Developer prior to submitting the name and qualifications of such proposed property manager to the Executive Director for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed.

A complete and true copy of the results of such background evaluation shall be provided to the Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed.

Approval of a Property Manager by Authority’s Executive Director shall not be unreasonably delayed but shall be in her/his sole reasonable discretion, an d Authority Executive Director shall use good faith efforts to respond as promptly as practicable in order to facilitate effective and ongoing property management of the Project by one qualified Property Manager. The replacement of RCM

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
by Developer and/or the selection by Developer of any new or different Property Manager during the Affordability Period shall also be subject to the foregoing requirements.

3.4.2 Property Management Plan . Developer shall manage and cause management of the Site and Project in comp liance with the Authority -approved Property Management Plan. During the Affordability Period, Developer and its Property Manager may from time to time submit to the Executive Director proposed amendments to the Property Management Plan, the implementation of which shall also be subject to the prior written approval of the Executive Director, which approval shall not be unreasonably withheld, conditioned or delayed.

3.4.3 Gross Mismanagement. During the Affordability Period, and in the event of “Gross Mismanagement” (as defined below) of the Project, Executive Director and/or Authority shall have and retain the authority to direct and require any condition(s), acts, or inactions of Gross Mismanagement to cease and/or be corrected immediately, and further to direct and require the immediate removal of the Property Manager a nd replacement with a new qualified and approved Property Manager, if such condition(s) is/are not ceased and/or corrected (or such correction has not commenced) after expiration of thirty (30) days from the date of written notice from Executive Director. If Developer or Property Manager has commenced to cure such Gross Mismanagement condition(s) on or before the 20th day from the date of written notice (with evidence of such submitted to the Executive Director), but has failed to complete such cure by the 30 th day (or such
longer period if the cure cannot reasonably be accomplished in thirty (30) days as reasonably determined by the non -defaulting party), then Developer and its Property Manager shall have an additional 10 days to complete the cure of Gross Mismanagement condition(s). In no event shall any condition of Gross Mismanagement continue uncured for a period exceeding forty-five (45) days from the date of the initial written notice of such condition(s), except that the condition described in subdivision (d) below may exist for up to, but no longer than sixty (60) days (i.e., 45 plus up to 15 days), without triggering Authority’s right to remove the Property Manager as described in the immediately following sentence as long as Developer has commence d and is diligently and continuously working to cure such conditions of Gross Mismanagement. If such condition(s) do persist beyond such period, Executive Director shall have the sole and absolute right, subject to Section 3.4.3(a) below, to remove the Property Manager and Developer shall contract with a replacement Property Manager reasonably acceptable to Authority (in accordance with this Section

3.4.3).
(a) In the event the Gross Mismanagement is not cured and corrected by Developer or its Property Manager within the applicable 45-day, or up to 60-day, cure and correction period described in Section 3.4.3 above, Authority shall provide a second notice and additional 30 day cure period to Developer, with copies to its Lender, to inform Developer (and its Lender) that the Authority intends to remove and replace the Property Manager. (i) During that second notice 30-day period, Developer (and its Lender) have the right, but not the obligation, to replace the Property Manager, and thereafter, if not replaced by Developer (or any of the New Partners), the Authority has the sole and absolute right to immediately and without further notice to replace the Property Manager, with all costs associated therewith to be and remain the sole legal and financial obligation of Developer. (b) For purposes of this Regulatory Agreement, the term “Gross Mismanagement” shall mean management of the Project in a manner that violates the terms

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
and/or intention of this Regulatory Agreement to operate a first quality affordable senior housing complex, and shall include, but is not limited to, any one or more of the following:
(i) Habitually leasing to tenants who exceed the prescribed income levels;
(ii) Habitually allowing tenants to exceed the prescribed occupancy levels without taking prompt action to stop such overcrowding; (iii) Under-funding required reserve accounts after notice and cure period;
(iv) Failing habitually to timely maintain the Project in accordance with the Property Management Plan and Maintenance Standards; (v) Fraud or embezzlement of Project funds, including without limitation funds in the reserve accounts;
(vi) Failing to fully cooperate with the Anaheim Police Department or other local law enforcement agency(ies) with jurisdiction over the Project in maintaining a crime-free environment within the Project; (vii) Failing to cooperate with the Anaheim Fire Department or other local public safety agency(ies) with jurisdiction over the Project in all reasonable respects, in maintaining a safe and accessible environment within the Project, in particular for publ ic safety and other first responders as to ingress, egress and accessibility to and from the Project; (viii) Failing to cooperate with the Anaheim Planning & Building Department, including the Code Enforcement Division, or other local health and safety enforcement agency(ies) with jurisdiction over the Project in all reasonable respects, in maintaining a decent, safe and sanitary environment within the Project;
(ix) Failing to conduct, or refer to appropriate third party(ies) to conduct, health, safety and welfare chec ks as reasonable for residents who are reasonably known to Developer, its Property Manager, onsite resident manager(s), social and supportive services providers, or other onsite workers be infirm, ill, incapacitated, or otherwise in need of close supervision of their living arrangement and ability to conduct their basic activities of daily living; and (x) Spending funds from the Capital Replacement Reserve account for items that are not defined as eligible costs. (c) Notwithstanding the requirements of the Property Manager to correct any condition of Gross Mismanagement as described above, Developer is obligated and shall use its best efforts to correct any defects in property management or operations at the earliest feasible time and, if necessary, to replace the P roperty Manager as provided above. Developer shall include reference to the foregoing requirements and requirements of this Regulatory Agreement within any contract between Developer and its Property Manager for the Project.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095

3.5 Code Enforcement. Developer a cknowledges and agrees that Authority, City, and their employees and authorized agents, shall have the right to conduct code compliance and/or code enforcement inspections of the Project and the individual Housing Units, both exterior and interior, at reasonable times and upon reasonable notice (not less than 48 hours prior notice, except in an emergency) to Developer and/or an individual tenant. If such notice is provided by Authority or City representative(s) to Developer, then Developer (or its Property Manager) shall immediately and directly advise any affected tenant of such upcoming inspection and cause access to the area(s) and/or Housing Units at the Project to be made available and open for inspection. Developer shall include express advisement of such inspection rights within the lease/rental agreements for each Housing Unit in order for each and every tenant and tenant household to be aware of this inspection right and such inspection(s) shall not unreasonably interfere with use and enjoyment of the premises and common areas or any applicable Housing Unit(s). In the event of refusal of Authority or City representatives’ access hereunder, Developer shall not object to an application for and issuance of an administrative inspection warrant to be is sued by a court of competent jurisdiction that authorizes inspection, with the costs therefor to be and remain the sole financial obligation of Developer as eligible Third Party Costs.

3.6 Capital Replacement Reserve. Developer shall comply with all requireme nts to fund, maintain and administer the Capital Replacement Reserve in accordance with the provisions of Section 4.12 of the AHA.

3.7 Non-Discrimination Covenants.

3.7.1 Nondiscrimination and Equal Opportunity . Developer hereby covenants, by and for itself, its successors and assigns, and all persons claiming under or through them, to comply with the following laws relating to nondiscrimination and equal opportunity: (1) The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Right s Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq.; 24 CFR part 8; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964- 1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p.684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p.264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterpri se Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p.393 and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).

3.7.2 Prohibition of Inquiries on Sexual Orientation or Gender Identity .

Developer further covenants, by and for itself, its successors and assigns, and all persons claiming under or through them, not to inquire about the sexual orientation or gender identity of an applicant for, or occupant of, the Project or any Housing Unit at the Site, for the purpose of determining

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
eligibility for occupancy of such Housing Units or otherwise making such Housing Units available.

This prohibition on inquiries regarding sexual orientation or gender identity does not prohibit any individual from voluntarily self -identifying sexual orientation or gender identity. Further, determinations of eligibility for occupancy of Housing Units at the Project shall be made in accordance with the eligibility requirements provided for such program by HUD, and such Housing Units shall be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.

3.7.3 Covenants Run With the Land . The covenants established in this Section

3.7, et seq., shall, without regard to technical classification and designation, be binding for the benefit and in favor of Authority and its successors and assigns, and shall remain in effect in perpetuity.

3.7.4 Clauses in Contracts and Leases. All contracts and leases relating to the Site shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses:
(a) In deeds: “The grantee herein covenants by and for himself or herself, her or his heirs, executors, administrators, and assigns, and all persons claiming under or through them, that the re shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein co nveyed.

The foregoing covenants shall run with the land.”
(b) In leases: “The lessee herein covenants by and for himself or herself, her or his heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
“That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.”
(c) In contracts: “There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdiv ision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease , transfer, use, occupancy, tenure, or enjoyment of the premises

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
which are the subject of this Regulatory Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed.”

3.8 Monitoring and Recordkeeping . Throughout the Affordability Period, Developer shall comply with all applicable recordkeeping and monitoring requirements of the HAL and shall annually complete and submit to Authority a Certification of Continuing Program Compliance in a form provided by Authority. Representatives of Authority (and City) s hall be entitled to enter the Site upon at least forty-eight (48) hours’ notice, to monitor compliance with this Regulatory Agreement, to inspect the books and records of the Site, and to conduct an independent audit or inspection of such books and records . Developer agrees to cooperate with Authority in making all of its records for the Project and making the Site and all Housing Units thereon available for inspection or audit subject to the privacy rights of tenants under applicable laws . Books and records shall be made available for review and inspection and/or audit in Orange County, California.

Developer agrees to maintain all books and records relating to the Project in a businesslike manner.

3.8.1 Right to Audit. Developer shall keep full and accurate books of account, records and other pertinent data with respect to operations of the Project. Such books of account, records, and other pertinent data shall be kept for a period of three (3) years after the end of each Developer’s fiscal year, and shall be made available for review or audit by the Authority or its designees with a three (3) day written notification to Developer.

3.9 Annual Monitoring Fee . Concurrently with the delivery of each annual report and Certificate of Continuing Program Compliance to Authority, Developer shall pay an Annual Monitoring Fee to Authority in the amount of Sixty Dollars ($60) per Housing Unit ($60.00 x 178 = $10,680) increased annually by no more than 3%, which shall compensate Authority for its costs incurred to monitor Developer’s compliance with this Regulatory Agreement. There will be only one monitoring fee under this Regulatory Agreement (and the AHA).

4. Duty to Prevent Hazardous Material Contamination. During operation the Project on the Site, Developer shall take all necessary precautions to prevent the release of any Hazardous Materials into the environment on or under the Site . Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. Developer shall notify Authority, and provide to Authority a copy or copies, of any notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self- reporting requirement s and reports filed or applications made pursuant to any Governmental Requirement relating to Hazardous Materials and underground tanks, and Developer shall report to Authority, as soon as possible after each incident in the event of a release of any Hazardous Materials into the environment.

4.1 Governmental Requirements . For purposes of this Section 4, the term “Governmental Requirements ” shall mean all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, t he county, the City, or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over Authority, Developer or the Site.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095

4.1.1 Hazardous Materials . For purposes of thi s Section 4, the term “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, including the Orange County Health Care Agency, the Regional Water Quality Control Board, the State of California (including the Department of Toxic Substances Control), other state, regional or local governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste, ” “extremely hazardous waste,” or “restricted hazardous waste ” under Section 25115, 25117 or 25122.7, or listed pursuant to HSC Section 25140, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under HSC Section 25316, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “ hazardous material,” “hazardous substance,” or “hazardous waste” under HSC Section 25501, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance ” under HSC Section 25281, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as “ hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (ix) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq . (42 U.S.C. §6903) or (x) defined as “hazardous substances ” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq . Notwithstanding the foregoing, “Hazardous Materials” shall not include such products in quantities as are customarily used in the construction, maintenance, rehabilitation, management, operation and residence of residential developments or associated buildings and grounds, or typically used in residential activities in a manner typical of other comparable residential developments, or substances commonly ingested by a significant population living within the Project, including without limitation alcohol, aspirin, tobacco and saccharine.

5. Indemnification.

5.1 General. Develope r shall defend, indemnify, pay for, assume all responsibility for, and hold the Indemnitees, harmless from all claims, demands, damages, defense costs or liability of any kind or nature relating to the subject matter of this Regulatory Agreement, or the va lidity, applicability, interpretation or implementation hereof and for any damages to property or injuries to persons, including accidental death (including attorneys’ fees and costs), which may be caused by any acts or omissions of Developer under this Re gulatory Agreement, whether such activities or performance thereof be by Developer or by anyone directly or indirectly employed or contracted with by Developer and notwithstanding the time of discovery or when such damage occurred. Developer shall not be liable for property damage or bodily injury to the extent occasioned by the gross negligence or willful misconduct of Authority or City or their agents or employees. Developer shall have the obligation to defend any such action; provided, however, that this obligation to defend shall not be effective if and to the extent that Developer determines in its reasonable discretion that such action is meritorious or that the interests of the parties justify a compromise or a settlement of such action, in which ca se Developer shall compromise or settle such action in a way that fully protects Indemnitees from any liability or obligation. In this regard, Developer’s obligation and right to defend shall include the right to hire (subject to written reasonable approval by Authority and City) attorneys and experts necessary to defend, the right to process and settle reasonable claims, the right to enter into reasonable settlement agreements and pay amounts as required by the terms of such settlement, and the right to pay any judgments assessed against Indemnitees. If Developer defends any such action, as set forth above, (i) Developer shall indemnify and hold harmless Indemnitees

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
from and against any claims, losses, liabilities, or damages assessed or awarded against e ither of them by way of judgment, settlement, or stipulation , and (ii) Authority shall be entitled to settle any such claim only with the written consent of Developer and any settlement without Developer’s consent shall release Developer’s obligations unde r this Section 5 with respect to such settled claim.

This Section notwithstanding, indemnification with respect to Hazardous Materials shall be governed by Section 5.2.1 below.

5.1.1 Environmental Indemnity. Developer shall save, protect, pay for, defend (with counsel acceptable to Authority and/or City, as applicable , approval of which shall not be unreasonably withheld), indemnify and hold harmless the Indemnitees from and against any and all Environmental Claims and any and all liabilities, suits, actions, c laims, demands, penalties, damages (including, without limitation, penalties, fines and monetary sanctions), losses, costs or expenses (including, without limitation, consultants’ fees, investigation and laboratory fees, attorneys’ fees and remedial and re sponse costs and third-party claims or costs) (the foregoing are hereinafter collectively referred to as “ Liabilities”) that may now or in the future be incurred or suffered by Indemnitees by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of: (i) the presence, use, release, escape, seepage, leakage, spillage, emission, generation, discharge, storage, or disposal of any Hazardous Materials in, on, under, or about, or the transportation of any such Hazardous Materials to or from, the Site; (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, leakage, spillage, emission, escape, discha rge, storage, disposal, or transportation of Hazardous Materials in, on, under, or about, or to or from, the Site; (iii) the environmental condition of the Site , (iv) any Liabilities relating to any Environmental Laws and other Governmental Requirements re lating to Hazardous Materials and/or the environmental condition of the Site , and (v) any Environmental Claims relating to the Project, the Site ; provided, however, that the foregoing indemnity shall not apply to any Liabilities arising or occurring as a result of the gross negligence or intentional and wrongful acts or omissions of Authority or City. The foregoing indemnification shall continue in full force and effect regardless of whether such condition, liability, loss, damage, cost, penalty, fine, and/or expense shall accrue or be discovered before or after the termination of this Regulatory Agreement . This indemnification supplements and in no way limits the scope of the general indemnification above. (a) Release of Authority and City by Developer . Deve loper hereby waives, releases and discharges forever the Indemnitees from all present and future claims, demands, suits, legal and administrative proceedings and from all liability for damages, losses, costs, liabilities, fees and expenses, including attorneys’ fees, court and litigation costs and fees of expert witnesses, present and future, arising out of or in any way connected with Developer’s ownership and/or use of the Site in accordance with this Regulatory Agreement and for the operation of the Project at the Site, of any Hazardous Materials on the Site, or the existence of Hazardous Materials contamination in any state on, under, or about the Site, however they came to be located there, except to the extent evidenced to have been caused by the i ntentional action or grossly negligent action of an Anaheim Indemnitee.

6. Compliance with Laws. Developer shall carry out this Regulatory Agreement and operation of the Project in conformity with all applicable federal, state and local laws, including, without limitation, all applicable state labor standards, City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the Anaheim Municipal Code, and all applicable disabled and handicapped access requirements, including without limitation the

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq ., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq ., Civil Code Section 51.3, et seq., HOTMA, and any other applicable Governmental Requirements. Developer (and its Affiliates and successors and assigns) shall pay prior to delinquency all ad valorem real estate taxes, possessory interest taxes, and assessment s as to the Site (and Improvements), subject to Developer’s (and its Affiliates and successors and assigns) right to contest in good faith any such taxes. Developer may apply for and receive any exemption from the payment of property taxes or assessments on any interest in or as to the Project without the prior approval of Authority.

7. Payment of Taxes . During the entire Affordability Period, Developer shall pay prior to delinquency all ad valorem real estate taxes, personal property taxes, special taxes, a ssessments and special assessments levied against the Site (and Improvements), subject to Developer’s right to contest any such tax in good faith and any property tax exemptions. All such payments shall be made prior to the delinquency date of such payment. Developer shall promptly furnish Authority with satisfactory evidence that such taxes have been paid or that an exemption from such taxes has been obtained. If Developer shall fail to pay any such taxes, Authority shall have the right to pay the same, in which case Developer shall repay such amount to Authority within ten (10) days after demand from Authority together with interest at the rate of six percent (6%) per annum.

7.1 Personal Property . Developer shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures, furnishings, equipment and all other personal property of Developer contained in the Site or elsewhere. When possible, Developer shall cause said trade fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Authority.

7.2 Permitted Contests . Developer, at no cost or expense to Authority, may contest (after prior written notice to Authority), by appropriate legal proceedings conducted with due diligence, the amount or validity or application, in whole or in part, of any Imposition or lien or any Governmental Requirements or Insurance Requirements, provided that (a) in the case of liens of mechanics, materialmen, suppliers or vendors, or Impositions or liens therefor, such proceedings shall suspend the collection thereof from Authority, and shall suspend a foreclosure against the Site and/or the Improvements, or any interest therein, (b) ne ither the Site nor the Improvements, nor any part thereof or interest therein, nor any portion thereof, would be in any danger of being sold, forfeited or lost by reason of such proceedings, (c) in the case of Governmental Requirements, Authority would not be in any danger of any criminal liability or, unless Developer shall have furnished a bond or other security therefor satisfactory to Authority, any additional civil liability for failure to comply therewith and the Site and the Improvements would not be subject to the imposition of any lien as a result of such failure, and (d) Developer shall have furnished to Authority, if requested, a bond or other security, satisfactory to Authority. If Developer shall fail to contest any such matters, or to give Aut hority security as hereinabove provided, Authority may, but shall not be obligated to, contest the matter or settle or compromise the same without inquiring into the validity or the reasonableness thereof. Authority, at the sole cost and expense of Developer, will cooperate with Developer and execute any documents or pleadings legally required for any such contest.

7.3 Definitions. As used in this Section 7 , the term “real property tax” shall include any form of real estate tax or assessment (including, without limitation, on possessory interests), general, special, ordinary or extraordinary, and any license fee, commercial rental tax, improvement bond or

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
bonds, levy or tax (other than inheritance, personal income, or estate taxes) imposed on the Site or any interest (including, without limitation, possessory interests) therein by any authority having the direct or indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Authority or Developer in the Site or in the real property of which the Site is a part, as against Authority’s right to rent or other income therefrom, and as against Authority’s business of leasing the Site.

8. Reimbursement to Authority for Costs of Enforcement. In the event the Authority pays the cost of insurance premiums, impositions, or other charges due from Developer and required to be paid by Developer pursuant to this Regulatory Agreement , Authority shall be entitled to prompt reimbursement by Developer, and such failure to reimburse the Authority shall further constitute a default under this Regulatory Agreement.

9. Defaults and Remedies. Each and any Event of Default due to the Developer’s failure to timely cure, its breach of any condition, covenant, warranty, promise or representation contained in this Regulatory Agreement and the rights and remedies therefor shall be governed by the provisions of Section 6, et seq., of the AHA.

10. Waiver of Terms and Conditions . Any party may, in its sole discretion, waive in writing any of the terms and conditions of this Regulatory Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition.

11. Non-Recourse; Non -Liability of Authority or City Public Officials and Employees .

No member, official, employee or agent of Authority or City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by Authority o or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Regulatory Agreement. No partner of Developer or any of their members, partners, employees, officers, or agents shall be personally liable for any obligation or breach by Developer hereunder.

12. Time. Time is of the essence in this Regulatory Agreement.

13. Notices. Any approval, disapproval, demand, document or other notice (“Notice”) which any party may desire to give to another party under this Regulatory Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below, or at any other address as that party may later designate by Notice.

Service shall be deemed conclusively made at the time of service if personally served; the next business day if sent by overnigh t courier and receipt is confirmed by the signature of an agent or employee of the party served; the next business day after deposit in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by express mail; and three (3) days after deposit thereof in the United States mail, properly addressed and postage prepaid, return receipt requested, if served by certified mail.

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
Developer: Belage Preservation Limited Partnership
c/o Jonathan Rose Companies
551 Fifth Avenue, 23rd Floor
New York, New York 10176
Attention: Brandon Kearse
With a Copy to: Goulston & Storrs
400 Atlantic Avenue
Boston, Massachusetts 02110-3333
Attention: Deborah S. Horwitz
With a Copy to: Jamboree Housing Corporation
17701 Cowan Avenue, Suite 200
Irvine, CA 92614
Attention: Michael Massie
Authority: Anaheim Housing Authority
201 South Anaheim Boulevard, Suite 1003
Anaheim, California 92805
Attention: Theresa Bass, Secretary
With a Copy to: Anaheim Housing Authority
201 South Anaheim Boulevard, Suite 1003
Anaheim, California 92805
Attention: Grace Ruiz-Stepter, Executive Director
City Attorney, City of Anaheim
200 South Anaheim Boulevard
Anaheim, California 92805
Attention: City Attorney
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, California 92660
Attention: Celeste Stahl Brady
Such addresses may be changed by Notice to the other party(ies) given in the same manner as provided above.

14. Successors and Assigns. This Regulatory Agreement shall run with the land, and all of the terms, covenants and conditions of this Regulatory Agreement shall be binding upon Developer and Authority and the permitted successors and assigns of Developer and Authority. Whenever the term “Developer” or “Authority” is used in this Authority Regulatory Agreement, such term shall include any other successors and assigns as herein provided.

15. Except City, No Third Parties Benefited . Except as to the City of Anaheim, who the parties agree is an intended third party beneficiary here of, this Regulatory Agreement is made and entered into for the sole protection and benefit of Authority (and City) and their successors and

Attachment No. 5
Authority Regulatory Agreement

4893-1713-7678v9/022620-0095
assigns and Developer and its successors and assigns, and no other person or persons shall have any right of action hereon.

16. Partial Invalidity. If any provision of this Regulatory Agreement shall be declared invalid, illegal, or unenforceable, the validity, legality, a nd enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

17. Governing Law. This Regulatory Agreement and other instruments given pursuant hereto shall be construed in accordance with and be governed by the laws of the State of California. Any references herein to particular statutes or regulations shall be deemed to refer to successor statutes or regulations, or amendments thereto.

18. Amendment. This Authority Regulatory Agreement may not be changed orally, but only by agreement in writing signed by Developer and Authority.

[Signatures for Authority Regulatory Agreement begin on next page.]

Attachment No. 5
Authority Regulatory Agreement
Page S-1
4893-1713-7678v9/022620-0095
IN WITNESS WHEREOF , the parties hereto have executed this Authority Regulatory Agreement as of the date and year first set forth below.

DEVELOPER:

BELAGE PRESERVATION LIMITED PARTNERSHIP,
a California limited partnership
By: RAHF V Belage, LLC,
a Delaware limited liability company,
its Administrative General Partner
By: ____________________________
Name: __________________________
Title: Authorized Signatory

[Signatures continue on following page.]

Attachment No. 5
Authority Regulatory Agreement
Page S-2
4893-1713-7678v9/022620-0095
[Signatures for Authority Regulatory Agreement continued from previous page.]

AUTHORITY:

ANAHEIM HOUSING AUTHORITY,
a public body, corporate and politic
By:

Grace Ruiz-Stepter, Executive Director
or Authorized Designee
ATTEST:

THERESA BASS

AUTHORITY SECRETARY

Authority Secretary
or Authorized Designee
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

Leonie Mulvihill
Assistant City Attorney
or Authorized Designee

STRADLING YOCCA CARLSON & RAUTH

Housing Authority Special Counsel

Exhibit A to Attachment No. 5
Legal Description

4893-1713-7678v9/022620-0095
EXHIBIT A TO ATTACHMENT NO. 5

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE WEST 80.00 FEET OF THE NORTH 250.00 FEET OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10

WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.

PARCEL 2:

THE WEST HA LF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN

THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS , RECORDS OF ORANGE COUNTY, CALIFORNIA , BEING THE WEST HALF OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE SOUTH HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF THE ABOVE DESCRIBED LAND BEING THE SAME AS

THE WEST LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LAND; THENCE WEST 170.00 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 350.00 FEET; THENCE EAST 170.00 FEET TO THE EAST LINE OF SAID LAND; THENCE NORTH 350.00 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE REMAINDER OF SAID LAND THE MOST NORTHERLY 250.00 FEET THEREOF.

PARCEL 3:

AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 10.00 FEET OF THE NORTH 350

FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF

Exhibit A to Attachment No. 5
Legal Description

4893-1713-7678v9/022620-0095

ORANGE COUNTY, CALIFORNIA, BEING THE WEST HALF OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF SAID EASEMENT BEING THE SAME AS THE WEST

LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPT THAT PORTION OCCUPIED BY BROADWAY ON THE NORTH.

APN: 250-051-15

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 6

COMPLETION GUARANTY
This COMPLETION GUARANTY (“Guaranty” ) is made as of May 31, 2022 by ROSE AFFORDABLE HOUISNG PRESERVATION FUND V, L.P., a Delaware limited partnership (“Guarantor”) in favor of the CITY OF ANAHEIM , a California municipal corporation and charter city (“ City”), and ANAHEIM HOUSING AUTHORITY, a public body corporate and politic (“Authority”). As used herein, the term “Anaheim Parties” means City and/or Authority, as the context dictates.

R E C I T A L S
A. Authority is the owner of certain real properties in the City of Anaheim more particularly described on Exhibit “A” attached hereto and made a part hereof (“Site”).

B. Authority and Belage Preservation Limited Partnership, a California limited partnership (“Developer” ) entered into that certain Amended and Restated Affordable Housing Agreement (Bel’Age Senior Apartments), dated as of May 24, 2022 (“ AHA”), pursuant to which Developer agrees to cause the Substantial Rehabilitation, improvement, and continued operation of a senior affordable housing rental development thereon within the time and in accordance with the terms and conditions of the AHA.

C. Capitalized terms used in this Guaranty are as defined in the AHA or as otherwise defined herein.

D. Pursuant to the AHA , in consideration for Developer’s agreement to cause the Substantial Rehabilitation of the Improvements and operation of the Project for the 99-year Affordability Period, the Authority is providing to Developer that certain Authority PBV Assistance through the Existing HAP Contract Second Extension.

E. Guarantor is an Affiliate of Developer, has a substantial financial interest in the business and affairs of Developer, and will receive substantial economic benefit should Developer be permitted to acquire the Site and complete the Substantial Rehabilitation in accordance with the terms of the AHA.

THEREFORE, to induce the Anaheim Parties to enter into the Existing HAP Contract Second Amendment and the AHA, Guarantor unconditionally guarantees and agrees as follows:

1. AHA. Guarantor acknowledges receipt of a copy of the AHA, and all of the instruments described therein and/or attached thereto. The AHA is incorporated herein by this reference as though fully set forth herein. AHA as used herein shall mean, refer to and include the AHA as well as any riders, exhibits, addenda, amendments and attachments thereto (which are hereby incorporated herein by this reference) or other documents expressly incorporated by reference in the AHA. Any capitalized term not otherwise defined herein shall have the meaning ascribed to it in the AHA.

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095

2. Guaranty. Guarantor hereby guarantees the performance by Developer of its obligation to complete the Substantial Rehabilitation and all associated on -site and off-site improvements (collectively, the “Improvements”) on the Site pursuant to and in compliance with the terms and conditions set forth in the AHA and in accordance with the Schedule of Performance attached thereto. Without limiting the generality of the foregoing, Guarantor guarantees : (a) such construction shall be substantially completed within the time limits set forth in the AHA, subject to force majeure delays, as provided in the AHA; (b) the Substantial Rehabilitation shall be constructed and substantially completed in accordance with the Development Plans and all other plans, specifications and the other provisions of the AHA (collectively, “Specifications”) without substantial deviation therefrom, as the same may be modified from time to time in accordance with the AHA; (c) the Substantial Rehabilitation shall be constructed and completed free and clear of any mechanic’s liens, materialmen’s liens and equitable liens; (d) the Substantial Rehabilitation shall be constructed and completed in compliance with applicable federal, state, and local laws, and (e) all costs of construction through completion thereof shall be paid prior to delinquency.

3. Lien Free Completion . Substantial completion of the Substantial Rehabilitation on the Site free and clear of liens shall be deemed to have occurred upon (“ Lien Free Completion” ):
(a) (i) Authority’s receipt of copies of each and all building permits, evidencing sign-off with final inspection therefor, as issued by the City of Anaheim, and (ii) the expiration of the statutory period(s) within which valid mechanic’s liens, materialmen’s liens and/or stop notices may be recorded and/or served by reason of the construction of the Substantial Rehabilitation, or, alternatively, Authority’s receipt of valid, unconditional releases thereof from all persons entitled to record said liens or serve said stop notices; or (b) Authority’s receipt of such other evidence of lien free completion as Authority deems satisfactory in its reasonable discretion.

4. Obligations of Guarantor upon Default by Developer. If the Substantial Rehabilitation is not substantially completed in the manner and within the time required by the AHA, Guarantor shall, within thirty (30) days of receipt of written demand of the Anaheim Parties subject to force majeure delays: (a) dil igently proceed to complete the Substantial Rehabilitation of the Improvements at Guarantor’s sole cost and expense; (b) fully pay and discharge all claims for labor performed and material and services furnished in connection with the Substantial Rehabilit ation of the Improvements; and (c) release and discharge all claims of stop notices, mechanic’s liens, materialmen’s liens and equitable liens that may arise in connection with the Substantial Rehabilitation. Guarantor’s obligations hereunder shall be subject to the Authority keeping in full force and effect the Existing HAP Contract Second Extension, subject to the terms and conditions thereof; provided, however, such obligation of Authority is expressly conditioned upon there being no continuing default by Guarantor under this Guaranty.

5. Remedies. If Guarantor fails to promptly subject to force majeure delays perform its obligations under this Guaranty, the Anaheim Parties shall have the following remedies:

5.1 At the Anaheim Parties’ option with writt en notice to Guarantor, and without any obligation to do so, to proceed to perform on behalf of Guarantor any or all of Guarantor’s obligations hereunder and Guarantor shall, upon demand and whether or not construction is actually completed by the Anaheim Parties, pay to the Anaheim Parties all sums expended by the Anaheim Parties in performing Guarantor’s obligations hereunder together with interest thereon at the COFI (11th District cost of funds index) interest rate.

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095

5.2 From time -to-time and without first requiring performance by Developer to bring any action at law or in equity or both to compel Guarantor to perform its obligations hereunder, and to collect in any such action compensation for all loss, cost, damage, injury and expense sustained or incurred by the Anaheim Parties as a direct or indirect consequence of the failure of Guarantor to perform its obligations.

5.3 The absolute and unilateral right of Authority, without consent of Guarantor (or Developer), to terminate and cancel the Existing HAP Contract Second Extension, and to seek compensation and reimbursement from Guarantor of all costs and expenses, including in-house and Third Party Costs, incurred arising from the Authority’s issuance of Portable Vouchers to each, any and all tenants at the Site who reside in Housing Units that were designated as PHV HAP Units.

6. Rights of the Anaheim Parties. Guarantor authorizes the Anaheim Parties, without giving notice to Guarantor or obtaining Guarantor’s consent and without affecting the liability of Guarantor, from time to time to approve modifications to the Development Plans and Specifications so long as such modifications do not materially increase the cost of construction thereof, nor materially increase the time necessary to complete the Substantial Rehabilitation, nor assign this Guaranty in whole or in part.

7. Guarantor’s Waivers. Guarantor waives: (a) any defense based upon any legal disability or other defense of Developer, any other guarantor or other person, or by reason of t he cessation or limitation of the liability of Developer from any cause other than full payment and performance of those obligations of Developer which are guaranteed hereunder; (b) any defense based upon any lack of authority of the officers, directors, partners or agents acting or purporting to act on behalf of Developer or any principal of Developer or any defect in the formation of Developer or any principal of Developer; ( c) any and all rights and defenses arising out of an election of remedies by the Anaheim Parties, even though that election of remedies, such as a nonjudicial foreclosure with respect to security for a guaranteed obligation, has destroyed Guarantor’s rights of subrogation and reimbursement against the principal by the operation of Sect ion 580d of the California Code of Civil Procedure or otherwise; (e) any defense based upon any statute or rule of law which provides that the obligation of a surety must be neither larger in amount nor in any other respects more burdensome than that of a principal; (f) any defense based upon the Anaheim Parties’ election, in any proceeding instituted under the Federal Bankruptcy Code, of the application of Section 1111(b)(2) of the Federal Bankruptcy Code or any successor statute; (g) any defense based upon any borrowing or any grant of a security interest under Section 364 of the Federal Bankruptcy Code; (h) presentment, demand, protest and notice of any kind; and (i) the benefit of any statute of limitations affecting the liability of Guarantor hereunder or the enforcement hereof.

8. Guarantor’s Warranties. Guarantor warrants and acknowledges that: (a) Authority would not enter into the Existing HAP Contract Second Extension and the AHA, but for this Guaranty; (b) Guarantor has reviewed all of the terms and provisions of the AHA; (c) there are no conditions precedent to the effectiveness of this Guaranty; (d) Guarantor has established adequate means of obtaining from sources other than the Anaheim Parties, on a continuing basis, financial and other inform ation pertaining to Developer’s financial condition, the Site , the progress of the Substantial Rehabilitation of the Improvements, and the Anaheim Parties have made no representation to Guarantor as to any such matters; (e) the most recent financial statements of Guarantor previously delivered to lender are true and correct in all material respects, have been prepared in accordance with generally accepted accounting principles consistently applied (or other

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095
principles acceptable to the Anaheim Parties) and fairly present in all material respects the financial condition of Guarantor as of the respective dates thereof, and no material adverse change has occurred in the financial condition of Guarantor since the respective dates thereof and (f) Guarantor has not and will not, without the prior written consent of the Anaheim Parties, sell, lease, assign, encumber, hypothecate, transfer or otherwise dispose of all or substantially all of Guarantor’s assets, or any interest therein, other than in the ordinary course of Guarantor’s business.

9. Bankruptcy of Developer. In any bankruptcy or other proceeding in which the filing of claims is required by law, Guarantor shall file all claims which Guarantor may have against Developer relating to any indebtedness of Developer to Guarantor and shall assign to the Anaheim Parties all rights of Guarantor thereunder. If Guarantor does not file any such claim, the Anaheim Parties, as attorney-in-fact for Guarantor, is hereby authorized to do so in the name of Guarantor or, in the Anaheim Parties’ discretion, to assign the claim to a nominee and to cause proof of claim to be filed in the name of the Anaheim Parties’ nominee. The foregoing power of attorney is coupled with an interest and cannot be revoked. The Anaheim Parties or their nominee shall have the right, in its reasonable discretion, to accept or reject any plan proposed in such proceeding and to take any other action which a party filing a claim is entitled to do. In all such cases, whether in administration, bankruptcy or otherwise, the person or persons authorized to pay such claim shall pay to the Anaheim Parties the amount payable on such claim and, to the full extent necessary for that purpose, Guarantor hereby assigns to the Anaheim Parties all of Guarantor’s rights to any such payments or distributions; provided, however, Guarantor’s obligations hereunder shall not be satisfied except to the extent that the Anaheim Parties receive cash by reason of any such payment or distribution. If the Anaheim Parties receive anything hereunder other than cash, the same shall be held as collateral for amounts due under this Guaranty. If all or any portion of the obligations guaranteed hereunder are paid or performed, the obligations of Guarantor hereunder shall continue and shall remain in full force and effect in the event that all or any part of such payment or performance is avoided or recovered directly or indirectly from the Anaheim Parties as a preference, fraudulent transfer or otherwise under the Bankruptcy Code or other similar laws, irrespective of any notice of revocation given by Guarantor prior to such avoidance or recovery.

10. Additional, Independent and Unsecured Obligations. This Guaranty is independent of the obligations of Developer under the AHA to undert ake and complete the Substantial Rehabilitation. The Anaheim Parties may bring a separate action to enforce the provisions hereof against Guarantor without taking action against Developer or any other party or joining Developer or any other party as a party to such action. Except as otherwise provided in this Guaranty, this Guaranty is not secured and shall not be deemed to be secured by any security instrument unless such security instrument expressly recites that it secures this Guaranty.

11. Attorneys’ Fees; Enforcement. If any attorney is engaged by the Anaheim Parties to enforce or defend any provision of this Guaranty, or the AHA relating to the Substantial Rehabilitation, or as a consequence of any Default, breach or failure of condition under the AHA relating to the Substantial Rehabilitation, with or without the filing of any legal action or proceeding, Guarantor shall pay to the Anaheim Parties, immediately upon demand all reasonable attorneys’ fees and costs incurred by the Anaheim Parties in connection therewith, together with interest thereon from the date of such demand until paid at the rate of six percent (6%) per annum interest.

12. Rules of Construction. The word “Developer” as used herein shall include both the named Developer and any other person at any time assuming or otherwise becoming primarily liable

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095
under the AHA . The term “person” as used herein shall include any individual, company, trust or other legal entity of any kind whatsoever. If this Guaranty is executed by more than one person, the term “Guarantor” shall include all such persons. When the context and construction so require, all words used in the singular herein shall be deemed to have been used in the plural and vice versa. All headings appearing in this Guaranty are for convenience only and shall be disregarded in construing this Guaranty.

13. Credit Reports. Each legal entity and individual obligated on this Guaranty hereby authorizes the Anaheim Parties to order and obtain, from a credit reporting agency of the Anaheim Parties’ choice, a third party credit report on such legal entity and individual.

14. Governing Law. This Guaranty shall be governed by, and construed in accordance with, the laws of the State of California, except to the extent preempted by federal laws. Guarantor and all persons and entities in any manner obligated to the Anaheim Parties under this Guaranty consent to the jurisdiction of any federal or state court within the State of California having proper venue and also consent to service of process by any means authorized by California or federal law.

15. Miscellaneous. The provisions of this Guaranty will bind and benefit the heirs, executors, administrators, legal representatives, nominees, successors and assigns of Guarantor and the Anaheim Parties. The liability of all persons and entities that are in any manner obligated hereunder shall be joint and several. If any provision of this Guaranty shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Guaranty and the remaining parts shall remain in full force as though the invalid, illegal or unenforceable portion had never been part of this Guaranty.

16. Enforceability. Guarantor hereby acknowledges that: (a) the obligations undertaken by Guarantor in this Guaranty are complex in nature, and (b) numerous possible defenses to the enforceability of these obligations may presently exist and/or may arise hereafter, and (c) as part of the Anaheim Parties’ consideration for entering into this transaction, the Anaheim Parties have specifically bargained for the waiver and relinquishment by Guarantor of all such defenses, and (d) Guarantor has had the opportunity to seek and receive legal advice from skilled legal counsel in the area of financial transactions of the type contemplated herein. Given all of the above, Guarantor does hereby represent and confirm to the Anaheim Parties that Guarantor is fully informed regarding, and that Guarantor does thoroughly understand: (i) the nature of al l such possible defenses, and (ii) the circumstances under which such defenses may arise, and (iii) the benefits which such defenses might confer upon Guarantor, and (iv) the legal consequences to Guarantor of waiving such defenses. Guarantor acknowledges that Guarantor makes this Guaranty with the intent that this Guaranty and all of the informed waivers herein shall each and all be fully enforceable by the Anaheim Parties, and that the Anaheim Parties are induced to enter into this transaction in materia l reliance upon the presumed full enforceability thereof. This Guaranty shall automatically terminate upon the first to occur of the following Lien-Free Completion of the Substantial Rehabilitation as such term is defined in Section 3.

Attachment No. 6
Completion Guaranty

4893-1713-7678v9/022620-0095

IN WITNESS WHEREOF, Guarantor has executed this Completion Guaranty as of the date appearing on the first page hereof.
“GUARANTOR”

ROSE AFFORDABLE HOUSING
PRESERVATION FUND V, L.P.,
a Delaware limited partnership
By: __________________________
Name: ________________________
Title: Authorized Signatory

Attachment No. 7
Request for Notice of Default

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 7

REQUEST FOR NOTICE OF DEFAULT

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Anaheim Housing Authority
201 South Anaheim Boulevard, Suite 1003
Anaheim, California 92805
Attn: Executive Director

This document is exempt from the payment of a
recording fee pursuant to Government Code §§ 6103
and 27383.

REQUEST FOR NOTICE UNDER CIVIL CODE SECTION 2924B
In accordance with California Civil Code Section 2924b request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under the Deeds of Trusts recorded as Instrument No. _________________ on May [__], 2022 in the Official Rec ords of Orange County, California, and describing land therein as set forth in the legal description attached hereto as Exhibit A and incorporated herein, executed by BELAGE PRESERVATION LIMITED PARTNERSHIP, a California limited partnership, as Trustor/Borrower, in which Capital One, a National Association is named as Beneficiary, and FIDELITY NATIONAL TITLE COMPANY is named as Trustee, be mailed to: ANAHEIM HOUSING AUTHORITY, a California public body, corporate and politic, 201 South Anaheim Boulevard, Suite 1003, Anaheim, California 92805, Attn: Executive Director.

NOTICE: A COPY OF ANY NOTICE OF DEFAULT AND OF ANY NOTICE OF SALE

WILL BE SENT ONLY TO THE ADDRESS CONTAINED IN THIS RECORDED REQUEST. IF ADDRESS CHANGES, A NEW REQUEST MUST BE
RECORDED.

[Signature blocks for Request for Notice begin on next page]

Attachment No. 7
Request for Notice of Default

4893-1713-7678v9/022620-0095
IN WITNESS WHEREOF, this Request for Notice is executed by the parties:

DEVELOPER:

BELAGE PRESERVATION LIMITED PARTNERSHIP,
a California limited partnership
By: RAHF V Belage, LLC,
a Delaware limited liability company,
its Administrative General Partner
By: ____________________________
Name: __________________________
Title: Authorized Signatory

[Signatures for Request for Notice of Default continue on following page.]

Attachment No. 7
Request for Notice of Default

4893-1713-7678v9/022620-0095
[Signatures for Request for Notice of Default continue from previous page.] AUTHORITY:

ANAHEIM HOUSING AUTHORITY,
a public body, corporate and politic
By:

Grace Ruiz-Stepter, Executive Director
or Authorized Designee
ATTEST:

THERESA BASS

AUTHORITY SECRETARY

Authority Secretary
or Authorized Designee
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

Leonie Mulvihill, Assistant City Attorney
or Authorized Designee

STRADLING YOCCA CARLSON & RAUTH

Housing Authority Special Counsel

Exhibit A to Attachment No. 7
Legal Description

4893-1713-7678v9/022620-0095
EXHIBIT A TO ATTACHMENT NO. 7

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE WEST 80.00 FEET OF THE NORTH 250.00 FEET OF LOT 1 1 OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10

WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.

PARCEL 2:

THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN

THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS , RECORDS OF ORANGE COUNTY, CALIFORNIA , BEING THE WEST HALF OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE SOUTH HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF THE ABOVE DESCRIBED LAND BEING THE SAME AS

THE WEST LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LAND; THENCE WEST 170.00 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 350.00 FEET; THENCE EAST 170.00 FEET T O THE EAST LINE OF SAID LAND; THENCE NORTH 350.00 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE REMAINDER OF SAID LAND THE MOST NORTHERLY 250.00 FEET THEREOF.

PARCEL 3:

AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 10.00 FEET OF THE NORTH 350

FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF

ORANGE COUNTY, CALIFORNIA, BEING THE WEST HALF OF HELEN AND LYNCH'S

Exhibit A to Attachment No. 7
Legal Description

4893-1713-7678v9/022620-0095
SUBDIVISION OF THE WEST HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DE EDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF SAID EASEMENT BEING THE SAME AS THE WEST

LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPT THAT PORTION OCCUPIED BY BROADWAY ON THE NORTH.

APN: 250-051-15

Attachment No. 8
Release of Construction Covenants

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 8

RELEASE OF CONSTRUCTION COVENANTS

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
_________________________
_________________________
_________________________
Attention: ________________________

This document is exempt from the payment of a
recording fee pursuant to Government Code §§ 6103
and 27383.

RELEASE OF CONSTRUCTION COVENANTS
This RELEASE OF CONSTRUCTION COVENANTS (“ Release”) is hereby made as of ___________________, 202[_], by the ANAHEIM HOUSING AUTHORITY, a public body, corporate and politic ( “Authority”), in favor of BELAGE PRESERVATION LIMITED PARTNERSHIP, a California limited partnership (“Developer”).

RECITALS
A. Authority and Developer have entered into that certain Amended and Restated Affordable Housing Agreement (Bel’Age Senior Apartments ), dated as of May 24, 2022 (“Agreement”), which Agreement provides for the acquisition of all interests in the Site and the undertaking and completing of the Substantial Rehabilitation related to a senior affordable housing complex consisting of one hundred eighty (180 ) apartment units, in whic h 178 Housing Units are made available to Senior Citizen Very Low Income and Low Income Households at an Affordable Rent, on certain real property defined as the Site in the City of Anaheim, California, which is legally described on Exhibit ”A” attached hereto and made a part hereof by this reference (“Site”).

B. The Project consists of the Substantial Rehabilitation of the Improvements on the Site and the continued operation of the senior affordable housing Project . As required in the AHA, Authority shall furnish Developer with a Release of Construction Covenants upon completion of the Substantial Rehabilitation, which Release shall be in such form as to permit it to be recorded in the Official Records of Orange County, California.

C. Authority has conclusively determined that the Substantial Rehabilitation as required by the Agreement has been satisfactorily completed at the Site.

NOW, THEREFORE, Authority hereto certifies as follows:

Attachment No. 8
Release of Construction Covenants

4893-1713-7678v9/022620-0095

1. As provided in the Agreement, Authority does hereby certify that the Substantial Rehabilitation has been fully and satisfactorily performed and completed in accordance with the Agreement.

2. After the recordation of this Release, any person or entity then owning or thereafter purchasing, or otherwise acquiring any interest in the Site will not (because of such ownership, purchase, or acquisition) incur any obligation or liability under the Agreement, except that such party shall be bound by any and all of the covenants, conditions, and restrictions which survive such recordation, including, without limitation, the Authority Regulatory Agreement.

3. This Release is not a notice of completion as referred to in Section 3093 of the California Civil Code.

4. The recitals above are incorporated in full as part of the substantive te xt of this Release.
[Signatures appear on following pages.]

Attachment No. 8
Release of Construction Covenants

4893-1713-7678v9/022620-0095
IN WITNESS WHEREOF, Authority has executed this Release of Construction Covenants as of the date first set forth above.

AUTHORITY:

ANAHEIM HOUSING AUTHORITY,
a public body, corporate and politic
By:

Grace Ruiz-Stepter, Executive Director
or Authorized Designee
ATTEST:

THERESA BASS

AUTHORITY SECRETARY

Authority Secretary
or Authorized Designee
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY

Leonie Mulvihill, Assistant City Attorney
or Authorized Designee

STRADLING YOCCA CARLSON & RAUTH

Housing Authority Special Counsel

Exhibit A To Attachment No. 8
Legal Description

4893-1713-7678v9/022620-0095
EXHIBIT A TO ATTACHMENT NO. 8

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE WEST 80.00 FEET OF THE NORTH 250.00 FEET OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10

WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.

PARCEL 2:

THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN

THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS , RECORDS OF ORANGE COUNTY, CALIFORNIA , BEING THE WEST HALF OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE SOUTH HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF THE ABOVE DESCRIBED LAND BEING THE SAME AS

THE WEST LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LAND; THENCE WEST 170.00 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 350.00 FEET; THENCE EAST 170.00 FEET TO THE EAST LINE OF SAID LAND; THENCE NORTH 350.00 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE REMAINDER OF SAID LAND THE MOST NORTHERLY 250.00 FEET THEREOF.

PARCEL 3:

AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 10.00 FEET OF THE NORTH 350

FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF

ORANGE COUNTY, CALIFORNIA, BEING THE WEST HALF OF HELEN AND LYNCH'S

Exhibit A To Attachment No. 8
Legal Description

4893-1713-7678v9/022620-0095
SUBDIVISION OF THE WEST HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF SAID EASEMENT BEING THE SAME AS THE WEST

LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPT THAT PORTION OCCUPIED BY BROADWAY ON THE NORTH.

APN: 250-051-15

Attachment No. 9
List of Environmental Reports

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 9

LIST OF ENVIRONMENTAL REPORTS

1. Phase I Environmental Site Assessment . Dated March 29, 2021; Prepared for RAHF V Belage, LLC; Prepared by Partner Engineering and Science Inc.

2. Property Condition Report . Dated March 29, 2021; Prepared for Rose Affordable Housing Preservation Fund V, LP; Prepared by Partner Engineering and Science Inc.

3. Seismic Risk Assessment . Dated March 29, 2021; Prepared for Rose Affordable Housing Preservation Fund V, LP; Prepared by Partner Engineering and Science Inc.

4. ALTA/NSPS Land Title Survey for Belage Manor – Anaheim, CA . Dated February 9, 2022; Prepared for RAHF V Belage, LLC; Prepared by Bureau Veritas Technical Assessments, LLC.

5. Report of Phase I Environmental Site Assessment . Dated December 20, 2007; Prepared for Preservation Partners Development; Prepared by Professional Services Industries, Inc.

6. Wood Destroying Pests and Organisms Inspection Report . Dated March 14, 2022; Prepared for Rose Community Management; Prepared by Western Exterminator Company.

7. Wood Destroying Pests and Organisms Inspection Report . Dated May 17, 2021; Prepared for Belage Manor Apartments; Prepared by Terminix International, Branch #2475.

8. Wood Destroying Pests and Organisms Inspection Report . Dated June 4, 2021; Prepared for Belage Manor Apartments; Prepared by Terminix International, Branch #2475.

9. Bel’Age Manor Report – Structural Framing at Patio Decks Patio Decks . Dated May 10, 2021; Prepared for Rose Affordable Housing Preservation Fund V, LP; Prepared by Paragon Construction.

10. Bel’Age Manor Non-Pressurized Pipe System Assessment Drain, Waste, Vent, Storm and Sewer Piping Systems. Dated April 21, 2021; Prepared for Paragon Construction; Prepared by Rhino Core.

Attachment No. 10
Preliminary Financing Plan and Financing Assumptions

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 10

PRELIMINARY FINANCING PLAN

AND FINANCING ASSUMPTIONS
The following Budget and Proforma describe the parties’ assumptions and reasonable expectations regarding the costs and sources of financing for the Project as of the Effective Date.

Further attached is true copy of Developer’s final proforma for the Proj ect as reviewed and approved by Authority (and KMA).

Attachment No. 10
Preliminary Financing Plan and Financing Assumptions

4893-1713-7678v9/022620-0095

Attachment No. 10
Preliminary Financing Plan and Financing Assumptions

4893-1713-7678v9/022620-0095

Attachment No. 11
[Reserved]

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 11
[Reserved]

Attachment No. 12
Supportive Services Plan

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 12

SUPPORTIVE SERVICES PLAN
Jamboree Housing Corporation
Community Impact Services Plan
for Bel’Age Senior Apartments
This Supportive Services Plan (social services plan ) reflects the expected needs of the residents who will be living at Bel’Age Senior Apartments as the parties understand such needs presently, the current partnerships that Jamboree Housing Corporation (“Jamboree”) has with service partners, and what is currently able to be resourced at this time.

Jamboree provides a comprehensive, multi -layered services program that is designed specifically to respond to the identified needs of our residents. This plan will nec essarily change through the years as the resident population changes and as new service partnerships are developed. As this plan updates, changes will be communicated to the Anaheim Housing Authority prior to implementation of the change.

I. Description of Needs Assessment
The Community Needs Assessment will inform Resident Services on the impact existing programming is having on residents. These assessments will include questions related to social impact, food security, social connections, and stability. The results of these assessments will guide the RSC’s programming calendars. Jamboree Resident Services will distribute this survey at the beginning of this partnership and at least once every 5 years to stay up to date with the needs of the current residents.

As a result of the Needs Assessment Jamboree will create programs such as:
• A community garden
• Consistent food distributions
• ESL Classes
• Fitness programs
• Crafting Classes
• Community Engagement Events
As a result of our services Jamboree will see:
• A decrease in food insecurity
• An increase in social connection
• A reduction in depression and isolation
• Better access to medical and mental health resources and education II. Description of Aging Services to be O ffered:

The following service plan is designed to describe a best -practices supportive service design that addresses the critical needs of low -income seniors. Jamboree’s Aging Services centers around our model of providing social programming with intentional elements that encourage engagement and address resident concerns. By doing so, leading research tells us there will be a decrease in social

Attachment No. 12
Supportive Services Plan

4893-1713-7678v9/022620-0095
isolation and loneliness for seniors living at our properties, leading to better long-term physical and mental health outcomes for our residents. These positive health and wellness outcomes will ultimately allow residents to age in place longer. These services are provided at no cost to the residents of the development.

In developing the Aging Services model, Jamboree focuses on five (5) program model pillars used to design and execute our aging services activities:

1. Social Programs
Encouraging residents to come to the community center to participate in programming will increase their physical health and overall emotional we ll-being. Programs should always boost camaraderie and volunteerism, as well as serve to address other presenting needs that occur within the communities. Social Programs will be facilitated by either Resident Services Coordinator or partners.

Results of the Needs Assessment will guide Resident Services in types of programs and consistency of the programs.
• Activities like bingo, holiday events and movie nights will be delivered to build community and provide social connections. Minimum of 6 events a year. • Regular Coffee Chat will be held to connect residents both to each other and to service and Property Management. Topics will include health and wellness, community needs, safety, and others. Minimum of three (3) Coffee Chats a month.

2. Economic Programs
Economic stability is important in providing the basic needs safety net. Many of our seniors still work and/or are on a limited income so programming can support residents where they are and range from employment assistance to avoiding frauds and scams. • Providing access to basic needs through food distribution and linkages to supportive services and benefit programs will allow for increased independence. o For example, Second Harvest will provide bi -weekly or monthly food distributions including items such as shelf stable boxes, fresh produce, frozen meals, dairy, meat, etc.

3. Health and Wellness Programs
Instrumental to the aging services programming are the many ways we can interact and support residents on their own health and wellness journey, including programs, educational workshops, and systems to engage and check-in on all residents. Health and Wellness Programs will be facilitated by either Resident Services Coordinator or partners. Results of the Needs Assessment will guide Resident Services in types of programs and consistency of the programs. Minimum of 5 hours a month of Health and Wellness Programs.
• Stabilizing or increasing physical, mental and emotional health through yoga, walking groups and nutritional cooking classes.

Attachment No. 12
Supportive Services Plan

4893-1713-7678v9/022620-0095
• Empowering residents to improve their own health and wellbeing through chronic disease management classes, fraud prevention workshops and other opportunities to continue to learn.
• Resident Check Ins: Rose Companies Property Management and Resident Services will work together to develop a plan for consistent check-ins and wellness calls for residents. They will use a combination of working with partners, checking in during planned programming, and directly calling and knocking on doors.
• SCAN Independence at Home’s Friendly Visitor and Friendly Caller Programs: Volunteers in this program get paired with seniors and consistently check in either in person or over the phone depending on the preference of the participants. Participants can also request a volunteer that speaks the same language as them.
• In partnership with Rose Companies, each building will have a “Building Captain” and a protocol in place to execute safety plans should the need arise.

4. Educational Programs
A robust calendar will be created in partnership with Community Impact and Property Management that will reflect the interests of the residents as to what they may be interested in learning about.

Partners will be brought in to do either a series of classes or a workshop that will benefit residents.

Educational Programs will be facilitated by either Resident Services Coordinator or partners. Results of the Needs Assessment will guide Resident Services in types of programs and consistency of the programs. Minimum of 5 hours a month of Educational Programs. A copy of the monthly event calendar will be provided to the Anaheim Housing Authority. • Educational workshops will include: fraud/scam prevention, budgeting, legacy planning as well as resume writing, interviewing and computer classes. Educational workshops will be facilitated by either Resident Services Coordinator or partners. Results of the Needs Assessment will guide Resident Services in types of programs and consistency of the programs.

5. Civic Engagement
Programs at the property will encourage resident participation and volunteerism. Some have already been mentioned, such as participating in the Buddy System or volunteering to be a Building Captain. • In addition to utilizing our partnerships to run the programs, all programs offered will be opportunities for residents to volunteer, lead and design on their own. • An effort will be made to develop a Resident Leadership group that will inform Resident Service activities. Residents will receive flyers promoting the Resident Leadership group and inviting them to participate . Every resident will have an equal chance to sign up and participate.
• Connections to local law enforcement via annual National Night Out event and meetings with the community liaison for Anaheim Police Department.

Attachment No. 12
Supportive Services Plan

4893-1713-7678v9/022620-0095
III. STAFFING PLAN
A. Onsite Staff

1. – One (1) Fulltime Resident Services Coordinator
The Resident Services Coordinator (RSC) will design and implement the service program listed above. Primary duties of the RSC are to:
• Develop and implement a resident service plan designed to address the goal s and results identified in the Community Needs Assessment and resident surveys. • Develop a calendar of monthly programmatic activities and distribute to residents in cooperation with Property Management.
• •Maintain organized copies of all calendars, flyers, and sign in sheets for all events in one file to submit as an annual report.
• Provide direct coordination of services, resource and connections to local services, public benefit programs, and other community resources.
• Provided limited one-on-one support to individuals as needed. • Compile data that demonstrates improvement in areas identified for each property in Service Plan.

2. Community Impact Manager
The Community Impact Manager provides direct support to Resident Services Coordinators in a region. They provide an extended network of partnerships, participate as volunteers at resident events, and maintain compliance records for audits.

Utilizing Existing Partnerships
Jamboree has already secured many valuable partnerships at our senior, family and supporting housing sites in Anaheim. We will extend these partnerships and services to Bel’Age including:
• OC Health Care Agency: Nutrition classes and chronic disease management classes • Second Harvest Foodbank: Brown bag, grocery and/or other food distribution programs • Silver Sneakers or other exercise groups
• OCAPICA, Korean Community Services, CAPOC: nonprofit leaders who provide culturally relevant resources to residents of Anaheim like mental health services, language classes and services, and benefits enrollment.

Once we begin services at Bel’Age, we will conduct an assessment to better understand what providers may be a fit for this community. We will also fully partner with Rose Companies Property Management and their onsite team to provide seamless support, programming and communications for the residents. Once our Needs Assessment has been completed, we will begin compiling MOUs with the partners that will be coming onsite.

Attachment No. 12
Supportive Services Plan

4893-1713-7678v9/022620-0095
Data Analysis and Reporting
Data that Jamboree collects will be analyzed and distributed back out to the community and partners by the Community Impact Team from the various tools including:
• Annual Property survey – collected once a year
• Periodic Housing Impact Survey – collected every 3 – 5 years • Community Needs Assessment – collected every 2 – 3 years (attached to Service Plan) • Monthly Data Reports: Number of people attending programs, number of hours of programming, pounds of food distributed, etc.

Attachment No. 13
Management Plan

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 13

PROPERTY MANAGEMENT PLAN

1. Relationship between Owner and Management Agent
a. Explain the role and the responsibilities of the sponsor, and his relationship to and delegation of authority to the managing agent;
Rose Community Management, LLC (RCM) is owned by Rose Companies Holdings, LLC (RCH) and will act as the Agent for Owner. RCM and RCH will work concurrently to ensure all responsibilities of the owner and managing agent are discharged appropriately.

The Owners desire to achieve and maintain 100% rate of occupancy.

The Owners will maintain the building physically in conjunction with the aging of the building and its facilities. Roof maintenance will be ongoing, appliances replaced, boilers run efficiently and updated as required with ongoing repairs done as necessary. Capital Nee ds Studies will be utilized to make sure the building is maintained and in accordance to industry standards where applicable.

At all times the safety and security of the residents will be our number one priority. If the services of a security guard are necessary, it will be provided through a third- party contract.

RCM will represent ownership in all of these matters.
b. The relationship of the sponsor to the on-site project manager, with a clear division of responsibilities for policy and administration;
Rose Community Management, LLC (RCM) is owned by Rose Companies Holdings, LLC (RCH) and will act as the Agent for Owner. RCM and RCH will work concurrently to ensure all responsibilities of the owner and managing agent are discharged appropriately.

A Management Agreement between RCM and Ownership has been signed which formalizes the relationship between RCM and Ownership and details RCM’s responsibilities related to the management and maintenance of the community. c. Personnel policy and staffing arrangements for site personnel and supervisors; Rose Community Management, LLC maintains detailed policies for the management of communities that we are contracted to manage. These policies include detailed personnel policies as well as standard operating procedures which direct our staff on how to appropriately manage communities.

The staffing at Belage Manor will include 2 full -time administrative staff and 2 maintenance staff:
1 Community Manager / 1 Assistant Community Manager
1 Maintenance Supervisor / 1 Maintenance Technicians
1 Resident Service Coordinator staffed by Jamboree Housing

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
These community level personnel will be supported by the corporate and administrative staff of RCM.
d. Provisions for staff training and development: i.e. in sales/leasing, rental, management and maintenance. (It should not include employee benefits, compensation, or tenant procedures.)
i. All training progress and compliance are tracked through our Learning Management System (LMS), Grace Hill Vision. This includes all Instructor-led, online, in-person, and on-demand training.

1. A position-based training schedule is assigned to each staff member upon hire to include,
a.

Annual compliance (Fair Housing, Sexual Harassment,
etc.)
b. Recurring safety and emergency response procedures
c. Systems and software applications
d. Leasing and rental
e. Maintenance
f. Operations management
g. Other position-based training

2. Individual development goals are planned by the individual and their manager and training may include,
a. Instructor-led
b. On-demand through our LMS
c. In-person and hands-on
d. Third-party to receive certification

2. Procedures for Tenant Eligibility and Processing
a. Ensuring management personnel’s familiarity with HUD and State Housing and Community Development (“State H CD”) program requirements, and the California Health and Safety Code provisions for income and occupancy limits, and adherence to additional complianc e and regulatory requirements in the Authority Regulatory Agreement:

Owner Responsibility to PHA (Anaheim Housing Authority) Perform all management and rental functions for PBV, Portable Voucher and all Housing Units pursuant to Authority Regulatory Agreement i. Enforce tenant obligations under the lease
ii. Pay utilities and housing services (unless paid by the tenant under the lease) iii. Collections from tenants:
iv. Security deposit

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
v. Tenant rent.
vi. Charges for unit damage
Selection of tenants

1. During the term of the HAP contract, the owner must lease all contract units to eligible families referred by the PHA/Authority from its waiting list.

2. The PHA/Authority must determine family eligibility in accordance with HUD and Authority Regulatory Agreement requirements. The contract unit leased to each family must be appropriate for the size of the family under the PHA/Authority’s subsidy standards.

3. The owner is responsible for screening and selecting tenants from the families referred by the PHA/Authority from its waiting list.

Policy
i. The Community Manager will determine if an applicant may be admitted after receipt of all required verifications and completion of the verification process in compliance with HUD Handbook 4350.3, applicable federal statutes and regulations and the Authority Regulatory Agreement. ii. Prohibited selection criteria: The following factors may not be considered in the decision to deny an applicant under federal and state Fair Housing laws:
o Race/color
o National origin/ancestry (including language and ethnicity) o Religion
o Sex (including sexual orientation and gender identity) o Familial status (The household has children under age 18 or a pregnant person, or the household is pursuing custody of a minor) o Status as person with disabilities
o Any other protected class under state or local law such as marital status, political ideology, source of income, etc.
iii. The entire verification process must be complete before approving an applicant. The Community Manager will initially decide if the applicant should be admitted or denied; however, any questionable issues must be reviewed with the Regional Manager as outlined below . The applicant’s misrepresentation of any information related to eligibility, all owances, household composition, screening criteria, or rent may be cause for denial.

This provision will not be used to penalize an applicant who chooses not to disclose their disability during the application process. iv. If an applicant is eligible and m eets all the criteria in the Tenant Selection Plan (“TSP”), the applicant is approved for admission to the community. If an applicant is ineligible, the applicant is denied.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Admission Standards
v. HUD and Authority Regulatory Agreement admission standards consist of three primary elements:
o Income and program eligibility for the housing program o Eligibility for any applicable admission preferences under the housing program
o Meeting the screening criteria set forth in the Resident Selection Plan (RSP)
Eligibility
vi. Income eligibility . The household’s annual income must not exceed the income limits based on household size under the Authority Regulatory Agreement and pursuant to the applicable federal housing program.

Eligibility is based on annual income, not adjusted income. o Section 8 new construction (pre 10-1-81). Admission to Section 8 new construction communities with HAP contract dates before October 1, 1981 is restricted to a limited number of applicants meeting the low - income limit (income at 80% of an area’s median income) and primarily to applicants meeting the very low-income limit (income at or below 50% of an area’s median income).
o Section 8 new construction (post 10-1-81). Admission to Section 8 new construction communities with HAP contract dates on or after October 1, 1981 is restricted to applicants meeting the very low -income limit, with certain exceptions.
o Section 8 LMSA. Admission to Section 8 loan management set -aside (LMSA) communities is generally restricted to applicants meeting the very low-income limit except in certain circumstances.
o Section 236 program only. Admission is restricted to applicants meeting the low-income limit. The applicant’s income must be adequate to enable the applicant to pay the basic rent. Economic criteria have been set up for each community in its Resident Selection Plan (RSP). Housing Choice Vouchers must be accepted. Other forms of rental assistance may be considered (e.g. local programs).
o Section 236 with Rent Supplement or Rental Assistance Payments deep subsidies. Admission is restricted to applicants meeting the very low - income limit.
o The Quality Housing and Work Responsibility Act of 1998 (QHWRA) also requires that not less than 40% of applicants admitted per fiscal year to have incomes not exceeding HUD’s extremely low -income limit (30% of an area’s median income). A few exceptions apply.
o The applicant shall complete and sign income, asset, and expense verifications to determine income eligibility and to calculate adjusted income and rent.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Program eligibility.
vii. The applicant’s household must meet the requirements of the federal housing program. They include, but are not limited to:
o Occupancy Standards. The applicant’s household size is appropriate for the particular size apartment available under HUD requirements, state laws, and local ordinances and pursuant to the Authority Regulatory Agreement.
o Agreement to Pay Lease Obligations. The applicant agrees to pay the rent amount and security deposit required under the federal housing program. o Sole Residence. The apartment will be the applicant’s only residence. o Receipt of Housing Assistance. The applicant is not permitted to receive assistance simultaneously for two federally assisted apartments. However, an applicant currently receiving housing assistance is permitted to apply for a federally assisted apartment at a different apartment community. o U.S. Citizenship or Eligible Immigrant Status. Eligible immigrant status includes but is not limited to status as a noncitizen lawfully admitted for permanent residence. Noncitizens must meet the criteria under 24 Code of Federal Regulations Part 5 subpart E for either full assistance or prorated assistance.
o Social Security Information Disclosure. The applicant shall disclose complete and accurate Social Security numbers of household members. o HUD-Required Forms Submitted. The applicant and any household members age 18 and over must sign HUD Forms 9887, 9887-A, and any other HUD-required forms.
• The Authority Regulatory Agreement refers to certain required forms, income certifications, and compliance forms, which are applicable to operation and management of the Project.
o Persons subject to a lifetime registration requirement under a state sex- offender program are prohibited from admission.
o Former residents of federally assisted housing evicted from housing due to drug-related criminal activity are ineligible for HUD assistance for a three-year period.
o Current illegal drug users and alcohol abusers are prohibited from admission.
viii. The applicant may be entitled to admission preferences. Once housing program eligibility has been determined, statutory, or regulatory preferences may affect the order of applicant processing when there is an available apartment.
o Section 8 new construction communities have elected an elderly admission preference under federal law that determines how applicants will be processed when there is an available apartment. Similarly, Section

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
236 and Section 221 (d)(4) mortgage properties must provide applicants with regulatory preferences (such as displacement by natural disaster) if applicable to the applicants.
o For a complete explanation of preferences in admissions and applicant processing, refer to the Resident Selection Plan (RSP) and the polici es Leasing Vacant Apartments (Section 8) and Leasing Vacant Apartments (Section 236).
o The QHWRA at Section 513 also requires that no less than 40% of all new admissions during the fiscal year be households with incomes not exceeding 30% of an area’s median income (HUD’s extremely low - income limit). HUD’s income-targeting mandate must be met. See the policy Income Targeting Section.
ix. The applicant meets the screening criteria in the Tenant Selection Plan (TSP).

All applicants are screened according to the Tenant Selection Plan (TSP), either through the predictive scoring model or through manual verification procedures.

In-Person Applications

1. Give the applicant the appropriate application to complete. o If leasing to more than one adult household member, provide a separate application to each adult applicant.

2. Review the Tenant Selection Plan (TSP) with the applicant to ensure they are qualified. All of the below requirements must be verified for an applicant before the application may be approved:
o Demonstrated ability to pay the rent on time and to meet the lease requirements
o References from past landlords or other residency history which may include housekeeping habits
o Credit screening
o Criminal background screening
o Whether the applicant has engaged in drug-related criminal activity

3. Review the application to ensure the applicant has completed all fields.

4. Complete all applicable information on the application regarding:
o Rent
o Specials
o Lease term
o Deposit
o Move-in date

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095

5. If you have not previously verified the applicant’s identity by checking government-issued photo identification, do so at this time. o Note on the Leasing Checklist that ID was verified.
o Confirm the information on the photo ID, including the name, address, birth date and driver’s license number (if applicable), matches that on the application.
o Do not photocopy IDs at this time.
• For communities or housing programs that require verification of age for eligibility: If photo IDs are used to verify age, do not retain a photocopy of the photo ID until lease signing.

6. Collect all applicable deposits and fees according to your community-specific guidelines.
o Collect separate payments for deposits and fees.
o If leasing to more than one adult household member, collect o an application fee from each individual.
o Document the apartment number on all payments.
o Deposit application fees immediately. Security deposits will be deposited upon approval.

7. Have the applicant sign as you explain each of the following:
o The application
o Resident Selection Plan (RSP)
o Any applicable addenda and/or other required documents (Privacy Policy, etc.)

8. Complete the Welcome Letter and explain that account numbers for electricity and any other required uti lities must be provided at the time of move-in.

Online Applications

1. Direct prospects who wish to lease online to the prospect portal to:
o Set up an account with a valid email address.
o Check availability, select an apartment, complete an application, and pay applicable fees.

2. Once the screening process is complete, the applicant is directed to the office to obtain more information.

3. If the applicant is approved:
o The lease is automatically assigned to “Admin.”
o Once the online applic ation is opened, the employee who assists the applicant with the next steps will be assigned the lease in OneSite.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
b. The system used to determine applicant’s eligibility, including the procedures utilized for accepting applications, the number of persons reviewing, processing, and approving or rejecting applications. (It should not contain specific Tenant Selection, as this is covered in the Tenant Selection Plan);
i. All applicants age 18 and over must be screened according to the TSP, either through the predictive scoring model or through manual verification procedures, unless preliminarily denied.
ii. Applicants will b e screened through OneSite and through third-party verifications (if applicable) using the following criteria based on the community’s TSP:
o A credit screening must be obtained for all applicants to verify adequacy of past performance in meeting financial obligations, especially timely rent and utility payments.
o Verifications from current and previous landlords listed on the Application for Assistance and a residency history screening must be obtained for all applicants to verify rent payment history, prior housekeeping and maintenance habits, the applicant’s ability to live peacefully with neighbors, and the applicant’s ability to comply with other lease obligations.
o A criminal background screening must be obtained for all applicants to verify that the applicant has not engaged in criminal activity (including drug-related) adversely affecting the health, safety, or welfare of other residents, apartment community staff, or other persons. • The counties of residence for the addresses listed on the Application for Assistance, as well as other counties of residence that are discovered during the application process, will be subject to criminal background screening.
• The screening includes but is not limited to criminal records maintained by city, county, state, and federal law
enforcement agencies. See TSP for additional requirements. • Involvement in criminal activity by any applicant or other household members that would adversely affect the health, safety, or welfare of other residents or community staff is cause for denial.
• Involvement in any drug -related criminal activity by any applicant is cause for denial.
• Applicants who previously resided in counties or states with limited instant, online criminal results are additionally screened using out of network criminal searches (limited to the three previous counties/states of residence).
 The only exception: Employees and their adult
occupants, when occupying an employee suite as part of

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
their compensation, are not screened for selection
criteria.
iii. Applicants who cannot provide a Social Security number or ITIN number are screened for credit and residency history using manual verification procedures and for criminal background using the No SSN/ITIN model in OneSite.
o Note: An applicant with an ITIN but no SSN may not be eligible for HUD assistance. See the Resident Selection Plan (RSP) for detailed information.
iv. Live-in aides are screened for residency history using manual verification procedures and for criminal background using the Live -In Aide model in OneSite.
v. New applicants added to the household and the existing Lease Agreement or added when an existing household transfers to a new apartment are screened according to the Resident Selection Plan (RSP).
vi. The Communi ty Manager or Assistant Community Manager approves or denies applicants based on the recommendation of the predictive scoring model. The Regional Manager reviews and may override the recommendation of the predictive scoring model in OneSite.
vii. It is the Community Manager’s responsibility to ensure that all recommended out of network criminal searches have been processed and that Regional Manager has reviewed and approved a household before performing a screening override.
o When applicable, notes should be entered into the screening activity by both the Community Manager and Regional Manager.
viii. RCM may consider extenuating circumstances in evaluating information obtained during the screening process.
o If the applicant is a person with disabilities, RCM will consider extenuating circumstances where this would be required as a matter of reasonable accommodation.
ix. Applicant screening reports are valid for 120 days. Copies of all screening documentation must be maintained in applicants’ files.
x. The federal Fair Credit Reporting Act (FCRA), the 2003 Fair and Accurate Credit Transactions Act (FACT Act), and the Frank-Dodd Wall Street Reform and Consumer Protection Act of 2010 require that specific information be provided to applicants when they are subj ect to adverse action (denied) based on an unacceptable credit history or any other report from a consumer reporting agency.
o A credit report or any other report from a consumer reporting agency is confidential information and may not be disclosed.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095

3. Rent Collection Policies and Procedures
a. Procedures for rent collections, including accommodations for on-site collections.

Describe the system used to record rent payments;
b. Follow-up procedures for keeping delinquencies at a minimum (i.e. to collect delinquent rent, serving notices for non-payment of rent and eviction procedures). • Rent is due on the first day of each month.
• The Community Manager is responsible for the collection of all money owed. o All payments received must be processed daily.
o All scanned batch deposits should have no more than 25 items per batch to simplify auditing and research and to minimize errors.
• Acceptable forms of payment include:
o Personal checks
o Cashier’s checks
o Money orders
o Credit/debit cards (paid online through the resident portal) • Unacceptable forms of payment include:
o Third-party endorsement checks, money orders, and cashier’s checks o Checks, money orders, and cashier’s checks from a party not listed on the lease (unless from an agency authorized to help)
• Partial rent payment must not be accepted without Regional Manager approval. • In the rare situation that a manual deposit is required, deposits must be taken to the bank the same day or next business day.
o For communities without a local Chase Bank, deposits must be mailed. • Guaranteed funds are required for move -in monies, security deposits, and for NSF check replacements.
o Guaranteed funds are defined as certified checks or money orders. Credit card payments are an approved alternative to guaranteed funds for online payments, move-in monies and security deposits only.
o Employees should request that payments of deposits be made with a separate certified check, money order, or credit card payment.
• In general, postdated checks from residents should not be accepted unless there is a nonrecurring, extenuating circumstance. Post -dated checks should not be routinely accepted.
• After two returned payments (NSFs), residents must pay in certified funds. • If an eviction has been filed for nonpayment of rent, the full balance owed must be collected in certified funds.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
o Employees must verify local, county, and state eviction statutes before accepting payment from a resident who is under eviction proceedings. o Payment must not be deposited if i t is preferable that the resident be evicted (if allowable).

4. Resident/Management Relations
a. Leasing and tenant orientation procedures including notifying tenants of house or community rules, and conducting move-in inspections;
Resident Handbook/House Rules
• The Resident Handbook/House Rules is an addendum to the Lease Agreement and is provided to every resident at the time of move -in and at the time of revision.
• The Resident Handbook/House Rules addresses community and company policies not covered in the Lease Agreement.
• If any portion of the Resident Handbook/House Rules is revised, current residents must be given a 30-day review notice before any revised policies can be implemented.

Move-In Inspections
• Move-In Unit Inspection Report
o Accompany the resident to the apartment and walk through it together. Use the Move -In Unit Inspection in the Mobile Facilities app to note any items that might have been missed during the make-ready process.  Include a copy of the Move -In Unit Inspection Report in each new resident’s move-in package. (Section 8 communities -The signature and declaration page should be printed along with this inspection and signed and dated by the applicants and the Community Manager).
o If unable to accompany the resident for the inspection, explain to the resident that it is important that the resident review the inspection, note any deficiencies in the apartment and return it to the management office within seven days after taking possession of the apartment.
 Upon receipt of the completed Move-In Unit Inspection Report:
 Review the report, enter service requests into OneSite, and schedule the maintenance staff/vendor to repair any deficiencies within 30 days.
 Sign and date the owner’s certification on the declaration page.  Provide a copy of the Move -In Unit Inspection Report to the resident (for affordable programs) or by request.
 Upload the Move -In Unit Inspection Report to Document Management in OneSite.
 File the original report in the resident file.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
b. Marketing and lease-up policies;
• The Community Manager will assist in creating, implementing, and monitoring a marketing plan, upon the direction of the Regional Manager, on an as -needed basis. The marketing plan must comply with the Affirmative Fair Housing Marketing Plan (AFHMP) and fair housing regulations. If at any time, the Community Manager feels that the results are not meeting the goal of the marketing plan, the Community Manager must notify the Regional Manager. • The Community Manager is responsible for implementing marketing efforts for the apartment community to sustain maximum occupancy. When occupancy falls below 95%, the Community Manager is responsible for working with the Regional Manager, the Leasing Manager, and the Marketing Manager to develop a marketing plan.
• The purpose of marketing is to generate qualified prospective applicants to the apartment community who will sign and adhere to the terms of the Lease Agreement. The effectiveness of a marketing and leasing program is measured by occupancy.
• The marketing program is impacted by federal and local fair housing laws and affirmative fair housing marketing guidelines.
• The objective of an effective marketing program is to generate sufficient and qualified traffic to the apartment community and to contact prospective applicants who will:
o Meet established resident selection and program guide criteria as established for the apartment community.
o Respect the property and adhere to the terms of the Lease Agreement. o Enjoy their residency and remain as long-term residents. c. Referral to social service agencies or services provided by onsite staff, and social programming;
The community staff is aware of social services agencies as well as organizations focused on providing support and social programming to our residents and will work with these agencies to provide appropriate support to our residents as needed. d. Method of handling tenant grievances, i.e. what is the on-site manager’s role, and who the tenant contacts in case of complaints or issues.

A grievance must be put in writing by the tenant and given to the Community Manager. The Community Manager will provide a copy of the grievance to the Regional Manager and the main office. The Community Mana ger will discuss with the Regional Manager the best way to proceed. The Community Manager will then contact the tenant regarding their grievance and do his/her best to resolve the problem. If a solution cannot be resolved, the Director of Operations and/or the President will be advised and consulted for final determination. e. Procedures for handling tenant work order requests, including off hours emergency notification procedures;

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Service Requests
• The Community Manager should develop an effective system of communication between the office and maintenance staff to ensure timely completion of all service requests.
• Employees must enter all service requests (resident requests for maintenance as well as in -house requests for repairs or preventive maintenance ) into OneSite or the Mobile Facilities app.
o The OneSite recurring service request feature should be used for elevator maintenance, fire alarm and extinguisher inspections, and other recurring service items.
• The Community Manager and Maintenance Superv isor must monitor open service requests on the Today page in OneSite to coordinate the day’s work. o All resident requests for maintenance must be handled within 24 hours. • Residents may not be charged for service requests except under unusual circumstances, such as a recurrent issue (e.g. three broken disposals within one year), damage to carpeting or walls, or items not provided by management in the lease (such as light bulb replacement).
o If charges apply, photos must be uploaded to the service request or to the corresponding damage charge in the resident ledger.
• When responding to a resident request for maintenance, employees must use good judgment and problem -solving skills. To ensure they are prepared to assist, employees are expected to know basic community maintenance information as follows:
 Where water shutoff valves are located
 Where the garbage disposal reset button is located
 Where the electrical breakers are located and how to reset them  How to shut off the main water supply to an individual apartment • The Community Manager and Maintenance Supervisor will periodically review completed service requests to assess the performance of the maintenance staff and address any chronic problems.
• All service requests should be responded to within 24 hours of receipt. This includes contacting the resident to assess the situation and to schedule the work to be completed. Most service requests should be completed the day received. o If a service request reported in the morning is not completed by the end of the working day, a staff member should notify the resident by phone of the repair status.
• Employees will enter a service request into OneSite or the Mobile Facilities app when residents request service requiring maintenance in their apartments.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
• When completing service requests, maintenance employees are expected to assess service situations, make appropriate decisions to correct the problem, and satisfy the resident while serving with excellence.
• Employees should understand that completing a service request is an opportunity for us to:
o Remind residents they are entitled to excellent service. o Demonstrate a caring attitude.
o Observe the interior condition of our apartments.
o Correct a defect before damage occurs.
• Maintenance employees must maintain a professional demeanor at all times while on duty.
• The maintenance employee must make appropriate use of the RCM maintenance door tag when performing a service request in an occupied apartment when the resident is not home.

Off Hours Emergency Notification Procedures
• RCM will provide immediate attention to emergency service requests during or after business hours.
• Employees who perform on-call responsibilities should be provided with a current resident and emergency vendor list.
• Maintenance emergencies that RCM will address around the clock (24 hours a day/seven days a week) include:
o Fire
o Sewage backup
o No electricity
o Water intrusion
o Door locks not secure
o Resident lockout
o Any unsecured entry
o Gas leaks
o Entry gate broken
o Clogged toilet (if only one toilet in apartment)
o No heat (if under 60 degrees)
o No air conditioning (if above 80 degrees)
o No hot water
o Refrigerator not cooling

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
• Maintenance emergencies that RCM will address during daytime hours (seven days a week) include:
o Malfunction of an essential appliance
o Kitchen sink stopped up
• The exterior HVAC unit will not be serviced or repaired during inclement weather or after dark.
• The on-call employee must:
o Have reliable transportation, as well as current automobile insurance and a valid driver’s license (if a vehicle is used while on call). o Be able to arrive at the community within 90 minutes of responding to a call. o Be alert and ready for duty. No alcohol or performance-altering drugs can be consumed while on call.
o Be in proper attire (including photo identification badge), keeping it visible at all times when responding to a service request.
o Have access to keys. The employee must know the fire alarm and security codes for the community.
o Have access to the maintenance shop and have required tools to complete the service request.
o Know the location of all plumbing, electrical, and mechanical shut -offs at each community.
o Submit any requests for changes in the on-call schedule to the Community Manager at least 72 hours in advance of their scheduled on-call duty. • Maintenance employees must maintain a professional demeanor at all times while on duty. The on-call employee is expected to assess service situ ations, make appropriate decisions to correct the problem, and satisfy the resident while serving with excellence.
f. Provisions for on-site security.

General Safety and Security
• All employees must be familiar with every office and staff safety measure. • Communities with security alarm systems will engage an approved service provider to monitor the system.
• The Community Manager is responsible for maintaining an updated Emergency Contact List.
• Personal items stored in the office must be appropriately secured. • All documents containing private information must be kept secure at all times.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Building Access
• In apartment communities with a self-locking main entry door, the Community Manager must inform all residents of proper safety procedures. • The mai n entry door must remain locked at all times to maintain safety and privacy. A key, key fob, proximity card, or intercom must be used to gain entry into the building.
o All exterior doors must be self -closing and self-latching to exclude unauthorized persons. These exit doors must always be locked from the outside but be easily opened from the inside for emergency exit. • Some senior housing communities and apartment communities that cater to elderly families or have an elderly admission preference use a locked door system, but the residents cannot ring the visitors into the building. An intercom is set up so the resident can identify the visitor. Residents must go to the entrance to open the door.
• If a resident is too ill to come to the entrance, they can authorize the staff to open the door for visitors. This is only done as a convenience based on specific medical need.
o Extended or repeated requests for this service must be processed as a reasonable accommodation request.

5. Maintenance and Repairs
a. Procedures for inventory control and servicing of equipment and appliances Policy
• The parts inventory level is determined each year and will be adjusted according to the community’s needs as necessary.
• A minimum of a 30-day inventory should be maintained if the budget allows.

Parts/Supplies Storage

1. Store all parts and supplies in easily accessible bins or on shelves. a. Color-code all supplies and parts

2. Properly identify all bins and shelves with the contents’ description, part number, and minimum quantity desired.

Inventory

1. Inventory and order the current parts and supplies stock based upon community budget spread.

2. Once the supply order is received, confirm receipt of all items and add them to the shop inventory in corresponding location.
b. Plans for conducting periodic unit inspections (i.e. for housekeeping or Decent, Safe and Sanitary Inspections) and maintenance of units for move out and re-rental

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Move-Out and Re-Rental Policy
• RCM will provide residents with a quality, rent-ready apartment at move -in, with all make-ready specifications completed.
• Make-ready completions should be as follows:
o Fifty percent of all vacant apartments should be made ready to show, if applicable.
o When available, at least one apartment in every floor plan should be ready to show.
• When a resident moves out, the Community Manager or Maintenance Supervisor should walk the apartment to determine damages and carpet/tile replacement needs.
• After an apartment has be en vacated, it should be made ready within five business days or less.
• The Community Manager or Maintenance Supervisor should schedule the make - ready to begin no more than two days after the move-out. • All locks must be changed upon a resident’s move-out.

Procedure
Plan and Complete the Make-Ready Process

1. Plan and complete the make-ready process for the vacant apartment. a. Schedule for the maintenance team to have up to five working days for completion.
• This may vary depending various factors (e.g. existing workload, vendor scheduling, availability of parts or materials, or whether renovations are needed).
b. Whenever possible, schedule maintenance employees, rather than vendors, to perform the work. This optimizes the work quality. c. Follow the OneSite make -ready service request guidelines or use the Mobile Facilities app.
d. Use a vacancy lock for the vacant apartment.
• Remove any additional locks added at the former resident’s request.

2. Complete the make-ready tasks.

3. The Maintenance Supervisor “walks” (inspects) the apartment. • If the make -ready process has been satisfactorily completed, designate the apartment as “ready” in OneSite or the Mobile Facilities app.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Documentation and Reports

4. Maintain the Make -Ready Status Report or use a make -ready board; enter reconditioning notes in OneSite or the Mobile Facilities app as needed.

5. Document the ready date in OneSite.

6. Weekly:
a. Update OneSite, ensuring the dates that vacant apartments will be ready are identified.
b. Evaluate the Weekly Activity Report to ensure market -ready status was achieved within five days of vacancy.
c. Procedures for routine and cycle maintenance and repair program, with special attention to preventative maintenance, and interior and exterior decorating schedules.

Preventative Maintenance
• RCM will establish the preventive maintenance schedule for the community. • Each month:
o The Community Manager or Maintenance Supervisor will schedule a recurring monthly inspection of the community in OneSite.  Monthly inspections will be performed by the Maintenance Supervisor or designee.
o The Community Manager will schedule semiannual apartment inspections in OneSite when appropriate.
 Affordable apartment inspections will be conducte d in conjunction with the annual recertification while market -rate apartment inspections will be completed during renewal.
• The Maintenance Supervisor or designee will coordinate the service staff to ensure that all work is completed.
• The Community Manager will send out a Notice of Intent to Enter to residents at least 48 hours (or as otherwise require by state law) prior to the scheduled inspection or maintenance date.
• The Regional Facilities Manager will visit each community once per year to perform an inspection.

Procedure
Semiannual Inspections – Apartments

1. Inspect every apartment in the community according to the semiannual inspection schedule.

2. Prior to the inspection, send an inspection notice to the residents via email or a notice delivered to the apartment door.

3. During the unit inspection, the maintenance employee must:

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
a. Test the smoke and/or CO2 detectors in each apartment. • Any detectors found to be malfunctioning should be replaced or repaired as needed.
b. Test all medical pull cords or call systems (where applicable). c. Inspect all appliances, windows, doors, fixtures, and other items listed on the inspection checklist.

4. Record the inspection in the Mobile Facilities app.
a. If the app is not available, use the RCM Monthly Physical Inspection Form.

5. Leave an RCM maintenance door tag to advise the resident that someone has been in the apartment.

Monthly Maintenance Supervisor Inspections – Community

6. Inspect the following areas, as applicable:
a. Pool areas
b. Fitness equipment
c. Elevators
d. Fire systems
e. Building systems
f. Exterior lighting
g. Golf carts
h. Stairs and stairwells
i. Gutters
j. Foundation cracks/problems
k. Roofs
l. Storm drains

7. Ensure personal protective equipment supplies are sufficiently stocked.

8. Record the inspection in the Mobile Facilities app.
a. If the app is not available, use the RCM Monthly Physical Inspection Form.

9. Take photos and initiate a service request for any issues identified.

10. The completed checklist will be available for review in OneSite.

Annual Inspections

1. The Regional Facilities Manager will inspect the following:

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
a. All items covered in the monthly Maintenance Supervisor inspections
b. A predetermined number of occupied apartments
c. All vacant apartments

2. The inspection will be recorded using Mobile Facilities app and service requests will be generated as needed.

3. The completed checklist and any photos taken will be available for review in OneSite.

Interior and Exterior Decorating
• RCM prohibits unlawful discrimination based upon religion, creed, or sectional origin, because they are federal, state, and/or local protected classes and because we welcome all people to our housing. Applicants or residents may make religion-related requests as to their homes or common/public areas. This policy is intended to give you guidance. Contact the 504 Coordinator with any question as to how to properly respond to a request that involves religion. • Federal, state, and local Fair Housing laws all prohibit discrimination on the basis of religion. While refusing to rent to someone because they follow a certain religion is an obvious form of discrimination, Fair Housing laws also forbid multifamily housing providers from making any notice, statement, or advertisement that indicates a preference, limitation, or discrimination based on religion. Placing or even allowing residents to put up their own religious decorations in the common areas is one way in which housing providers may violate these laws if the religious items or decorations suggest to a prospect that the apartment community favors applicants who belong to one religion group over another or even that it prefers residents who are religious over those who are not. This is important to know, because atheists and agnostics are entitled to the same Fair Housing rights as any other group.
• In the past, some residents have demanded their right to “religious expression” under the U.S. Constitution. This concept is not appropriately applied to our housing. Unlike public housing communities, which are government entities, our privately owned housing communities do not engage in what is called “state action.” Government housing providers engage in “state actions” and therefore have duties that private landlords do not have. The receipt of federal financial assistance from HUD or any other government entities does not convert a privately owned housing community into public housing or a government entity. o The First Amendment requirement that the government be neutral with respect to religion does not apply to impose similar neutrality requirements on RCM. Consequently, housing communities have no legal duty to display multiple and/or diverse religious symbols, such as nativity scenes or menorahs, in community room areas, any other common areas, or on the grounds, such as the front lawn. Except for Resident Association postings, items to be posted in common and public areas must be reviewed and approved by the Community Manager.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
• Religion may also be combined with national origin or ethnicity (also protected classes) when residents or applicants perceive different treatment. Residents may perceive that their religion is tied to their country of birth or ethnicity (e.g.

Chaldeans from Iraq).
• Residents may have questions regarding “religious expression,” holiday decorations, or other decorations for their homes, including front yards, hallways, and other common/public areas. HUD issued guidance in 1995 stating that housing communities could use as de corations secular symbols, such as Santa Claus and the Easter Bunny. HUD subsequently urged communities to celebrate their religious traditions in later public statements. Our communities are multicultural and contain multiple religious denominations and t raditions. As such, to comply with Fair Housing laws, secular holiday observations and decorations will not violate Fair Housing laws (secular means nonreligious and nondenominational). Unless all households request that all their religious traditions be represented as further discussed below in paragraph 10, housing communities must observe holidays with secular decorations and secular expressions such as “happy holidays.”
Display of Religious Decorations
• Households in single -family homes only may displa y religious decorations in their front yards. The restriction is that no decoration is allowed to contain hateful, racist, sexist, profane, vulgar, or any other content that is hostile or offensive. Also, seasonal, holiday, and/or any other decorations can not present safety hazards. Households are not allowed to post items with any libelous, slanderous, or defamatory content in public or common areas. • Apartment community households and households living in duplexes and “quadplexes” are not allowed to place religious symbols or religious decorations in common or public areas, with the exception of on their apartment doors.

Residents may display religious items on their front doors such as a religious icon with the restriction that no decoration is allowed t o contain hateful, racist, sexist, profane, vulgar, or any other content that is hostile or offensive. Also, seasonal, holiday, and/or any other decorations cannot present safety hazards (such as electrical cords as trip hazards). Households are not allowe d to post items with any libelous, slanderous, or defamatory content in public or common areas. • Housing communities are not permitted to display any one religion’s or denomination’s holiday decorations to the exclusion of other religions’ or other denominations’ holiday decorations in common and public areas. There are two options: (1) secular holiday decorations (such as Santa Claus and the Easter bunny) may be displayed in common or public areas or (2) holiday decorations representing all religions of t he residents may be displayed in common or public areas provided that the residents themselves let you know their religions and make requests on their own (e.g. a Christian display a Hanukkah wall or menorah display, and a Kwanzaa display in the common and public areas). If your community has a Resident Association and it wishes to display its own decorations with religious content, the Resident Association may do so with RCM employees displaying signs prominently stating the following:

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
o “The Resident Asso ciation’s display belongs to the Resident Association and is not sponsored or endorsed by RCM and (your community’s name). RCM does not endorse or prefer one religion over any other in its housing.”
• If your community has a significant number of residents who do not celebrate Christmas but observe other holidays during the Christmas season, also decorate with menorahs or Hanukkah decorations or other Jewish holiday decorations or for any other religions that do not celebrate Christmas. A Kwanzaa display is a nonreligious and cultural display for the later part of December and early January of each year.
• It is recommended that during the holidays, your community displays signage stating, “We welcome people of all beliefs and Happy Holidays and Happy New Year!”
Religious Services
• Members of churches or religious organizations are not permitted to solicit residents by going door-to-door or otherwise. Residents may be offended or treat the solicitation as unwelcome or unwanted.
• Housing communities may permit church or other religious services in community rooms provided (1) all residents are allowed to attend by the church or other sponsoring organization and (2) all churches or other religious organizations are permitted to offer services inside your housing community.

6. Financial and Accounting Procedures and Reporting System:
a. Accounting System for maintaining adequate records and handling necessary forms, vouchers and reports (general ledger system, comprehensive and current written fiscal policies and procedures established) and records management and retention; The accounting system utilized by RCM for general ledger purposes is Yardi Voyager, while the Operating System for the community site is RealPage. Within RealPage the following modules are utilized: OneSite Leasing and Rents (resident and subsidy billings and collections; standard lease generation and maintenance requests), OpsTechnology (vendor credentialing, procurement, and approval), and Velocity (utility management and payment). All RealPage modules interface with the Yardi general ledger.
b. Internal controls (i.e. dual control for bank deposits and cash receipts, disbursements, handling petty cash, etc.)
To insure the safeguarding of the liquid assets, a description of procedures for internal control is as follows:

Receipts
a. No cash is accepted at the site as payment for rent. b. When checks are received, they are immediately stamped with “Deposit Only” by the Community Manager. The property is supplied with a bank scanner, verification of deposits will be produced by the scanner.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
c. If a bank validated deposit slip is necessary, it will be delivered to the local Bank. The property is supplied with a bank scanner; verification of deposits will be produced by the scanner.
d. Tenant receivables are reviewed by the Community Manager, Regional Manager and Rose Community Management staff, Agent for Owner. e. Posting to the tenant’s accounts is interfaced with check scanner.

Disbursements
a. The Community Manager is responsible to review, approve or confirm approval of all orders (onetime and recurring) daily. All orders must be entered in the property management OpsTechnology system and approved before the order is placed with the supplier.
b. All purchases with Online and Offline suppliers must be supported by an approved purchase order to authorize and effectively control spending.

Any purchase that exceeds a user’s authorized spend limit or a percentage above budget limit, defined by the user role, routes in workflow approval. c. Each line item of the OpsTechnology order must be coded to the correct general ledger account.
d. The description will appear in the general ledger when the invoice is merged into the RealPage software system.
e. Online orders are electronically sent to the supplier after the order is approved in the property management system.
f. The Approvals section on the Dashboard are reviewed daily in the RealPage software system for Orders requiring approval and edit/approve/reject as appropriate.
g. The Community Manager is responsible for timely and accurate processing and approval of supplier invoices and credit memos.

In most cases, the Community Manager is the final approver of an invoice or credit memo before payment, so it is critical that the invoice is carefully reviewed for accuracy as well as correct General Ledger unit coding.

All supplier invoices are received electronically in the OpsTechnology property management system after an order has been fulfilled, with the status of Pending Receipt of Goods (ROG). Once an invoice has final approval and appears with a status of Approved, the invoice information in OpsTechnology will be interfaced into the RealPage system at the end of the day for payment.

The Central Accounts Payable Department processes payments once a week for each apartment community according to the published calendar.

Checks, ach, e -payables, etc. are paid directly to the supplier unless prior arrangements are made.
c. Accounts payable and receivable procedures, including division of duties and responsibilities between on-site and corporate personnel;

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Accounts receivable and accounts payable functions are performed by separate individuals and responsibilities are segregated based on function.

Accounts Receivable
• Monthly resident billings are initiated by on-site employees. • All cash collections are deposited and applied on a daily basis. • Resident payments are applied to resident accounts in RealPage by on -site employees
• Resident payments are deposited via remote check-scanner or deposited at a local bank branch by on-site employees
• HAP payments are received via direct deposit and posted by Revenue & Collection employees in the corporate office
• Neither on-site or Revenue & Collections employees in the corporate office have check-signing authority or authority to initiate banking transactions. • Monthly accounts receivable aging reports are reviewed by on-site employees, corporate employees, and owners.

Accounts Payable
• Purchases are initiated and approved using a purchase order system via OpsTechnology by on-site employees
• Approval limits are required, based on function (on-site, corporate employees and owners)
• Invoices for approved purchases are reviewed, matched with approved purchase orders, and approved by on-site employe es, as well as corporate employees and ultimately owners, depending on approval limits.
• Invoices approved in OpsTechnology are posted electronically to Yardi as expenses and accounts payable.
• All invoices posted in Yardi as an account payable has been approved for payment.
• One a weekly basis, outstanding accounts payable is reviewed and specific invoices are selected for payment by a corporate accounts payable analyst, based on due date and available cash balance.
• Vendor payments are batched and remitted either via check or EFT by the accounts payable analyst.
o Vendor payment preferences (check vs EFT) are added by members of the corporate procurement team, not accounts payable.
• Checks of $50,000 and greater require dual signature by authorized si gners. The CFO and Controller are authorized signers.
d. Familiarity with weekly, monthly, quarterly and annual report requirements;

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
Policy
• The Community Manager is responsible for completing the accounting month- end close and the supporting reports by the prescribed due dates. • The Month-End Accruals & Reclasses (MEAR) will ensure that income and expenses are posted to the correct accounting period and code on the general ledger.
• The Master Property Operating Report (MPOR) compares the budgeted income and expense to the actual income or expense incurred. Variance explanations aid in the preparation of projections and other financial analysis. All variances of 5% or greater than $5,000 require an explanation unless otherwise directed by the Regional Manager.

Procedure

1. The Community Manager will complete an accounting pre -close weekly per the instructions on the RCM Affordable Pre-Close and AME Procedures.

2. The Community Manager will close the accounting month and complete the required reporting according to the calendar set by RCM Accounting. a.

The Regional Manager will communicate specific timing and expectations to the Community Manager.

3. The Community Manager will complete the AME close per the instructions on the RCM Affordable Pre-Close and AME Procedures.

4. The Community Manager will complete the Month-End Accruals & Reclasses (MEAR).
a.

Open the RCM - Month-End Accounting Report
b. Save completed MEAR forms as follows: “Property Name – Month Year MEAR” (i.e. JPT – February 2022 MEAR)
c. Select the community name from the drop-down.
d. General ledger accounts are selected by clicking on the dropdown bar in the designated cells under the “General Ledger #” heading.

The account descriptions will automatically populate.
• “Property Name”, “General Ledger #”, “General Ledger
Description” cells are protected fields. Utilize the dropdown feature. Data can be keyed into other fields on the form. e.

Two reference guides to the Chart of Accounts are included:
• Chart of Acct Ref – This tab provides a comprehensive list of all general ledger accounts and explanations in numeric order. • MPOR Account Descriptions – This tab provides the same general ledger account information described above, but in the MPOR report format.

Attachment No. 13
Property Management Plan

4893-1713-7678v9/022620-0095
o The accounts in this tab are color -coded to indicate who is responsible for providing month- end accruals &
reclass entries (i.e. Property vs Accounting).
o This tab should also be used as a guide to determine
who’s responsible for providing MPOR explanations
(i.e. Property vs Accounting).
f. “JE Upload” – For Accounting use only. Do not edit or use this tab.

5. The Community Manager will email the completed MEAR to the Regional Manager.

6. The Regional Manager will review and email the approved MEAR to the community’s Accounting Analyst by the prescribed deadline.

7. The Community Manager will complete the Master Property Operating Report (MPOR).
a.

Follow the instructions for running this report on the Monthly Financial Review of the MPOR Report.
b. Enter an explanation of all variances of 5% and/or greater than $5,000.

8. The Community Manager will email the completed MPOR to the Regional Manager.

9. The Regional Manager will review and email the approved MPOR to the community’s Accounting Analyst by the prescribed deadline.

10. The Accounting Analyst will complete the Replacement Reserve report.

Attachment No. 14
Income Verification

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 14

INCOME VERIFICATION
Part I – General Information

1. Project Location:

2. Landlord’s Name:

Part II – Unit Information

3. Unit 4. Number of 5. Monthly 6. Number of
Number Bedrooms Rent Occupants
Part III – Affidavit of Tenant
I, ______________, and I, ______________, as applicants for rental of an Apartment Unit at the above-described location, do hereby represent and warrant as follows:

A. (My/Our) annual gross income (anticipated total annual income) does not exceed [fifty percent (50%] of the Area Median Income defined by HUD which includes and consists primarily of Orange County as such income levels are established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and published by the State Department of Housing and Community Development in the California Code of Regulations. (I/We) understand that the applicable Area Median Income is $ . The following computation includes all income (I/we) anticipate receiving for the 12-month period beginning on the date (I/we) execute a rental agreement for an Housing Unit or the date on which (I/we) will initially occupy such unit, whichever is earlier.

Tenant(s)’ Initials

Onsite Manger’s Initials
B. (My/Our) annual gross income (anticipated total annual income) does not exceed [sixty percent (60%)] of the Area Median Income defined by HUD which includes and consists primarily of Orange County as such income levels are established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and published by the State Department of Housing and Community Development in the California Code of Regulations. (I/We) understand that the applicable Area Median Income is $ . The following computation includes all income (I/we) anticipate receiving for the 12-month period beginning on the date (I/we) execute a rental agreement for an Housing Unit or the date on which (I/we) will initially occupy such unit, whichever is earlier.

Tenant(s)’ Initials

Onsite Manger’s Initials

Attachment No. 14
Income Verification

4893-1713-7678v9/022620-0095

4. Tenants qualifying as A or B above must complete the following:

Monthly Gross Income
(All Sources of Income of All Adult Household Members Must be Listed)

Source Head of
Household
Co-Tenants Total
Gross amount, before payroll
deductions of wages, salaries, overtime
pay, commissions, fees, tips and
bonuses

Interest and/or dividends
Net income from business or from
rental property

Social security, annuities, insurance
policies, pension/retirement funds,
disability or death benefits received
periodically

Payment in lieu of earnings, such as
unemployment and disability
compensation, worker’s compensation
and severance pay

Alimony, child support, other periodic
allowances

Public assistance, welfare payments
Regular pay, special pay and
allowances of members of Armed
Forces

Other

Total:

Attachment No. 14
Income Verification

4893-1713-7678v9/022620-0095

Total x 12 _________________ = Gross Annual Household Income Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; government benefits to a veteran for education; special pay to a serviceman head of family away from home and under hostile fire; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; relocation payments under Title II of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.

5. This affidavit is made with the knowledge that it will be relied upon by the Landlord to determine maximum income for eligibility and (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and that the estimate contained in paragraph 1 of this Part III is reasonable and based upon such investigation as the undersigned deemed necessary.

6. (I/We) will assist the Landlord in obtaining any information or documents required to verify the statements made in this Part III and have attached hereto copies of federal income tax return for most recent tax year in which a return was filed (past two years federal income tax returns for self-employed persons).

7. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) agreement with the Landlord to rent a Housing Unit and will additionally enable the Landlord and/or the Anaheim Housing Authority to initiate and pursue all applicable legal and equitable remedies with respect to a Housing Unit and to me/us.
(I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct.

Date Tenant

Date Tenant

Attachment No. 14
Income Verification

4893-1713-7678v9/022620-0095

INCOME VERIFICATION
(for employed persons)
The undersigned employee has applied for a rental unit located in a project for occupancy by qualified Senior Citizen tenants of very low or low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below th e employee’s current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis.

Annual wages
Overtime
Bonuses
Commissions
Total current income
I hereby certify that the statements above are true and complete to the best of my knowledge.

Signature Date Title
I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of a senior apartment locat ed in a project covenanted as senior affordable housing by the Anaheim Housing Authority.

Signature Date
Please send to:

Attachment No. 14
Income Verification

4893-1713-7678v9/022620-0095

INCOME VERIFICATION
(for self-employed persons)
I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge.

Signature Date

Attachment No. 15
Memorandum of Agreement

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 15

MEMORANDUM OF AGREEMENT
Recording Requested By and
When Recorded Mail To:

Anaheim Housing Authority
201 South Anaheim Boulevard
Anaheim, California 92805
Attention: Authority Secretary

SPACE ABOVE THIS LINE FOR RECORDER’S USE
(This document is exempt from the payment of a recording fee under Government Code §§Sections 27383 and 6103.)

MEMORANDUM OF AGREEMENT
This MEMORANDUM OF AGREEMENT (“Memorandum”), dated as of May 31, 2022, is entered into by and between the ANAHEIM HOUSING AUTHORITY, a public body corporat e and politic (“Authority”), and BELAGE PRESERVATION LIMITED PARTNERSHIP , a California limited partnership (“Developer”).

1. Amended and Restated Affordable Housing Agreement. Authority, City and Developer have executed an unrecorded Amended and Restated Affordable Housing Agreement (Bel’Age Senior Apartments ) (“Agreement”) dated as of May 24, 2022, covering that certain real property located in the City of Anaheim, County of Orange, State of California, more fully described in Exhibit “A” attached hereto and incorporated herein by this reference. The Agreement is on file as a public record with the Authority at its offices at 201 South Anaheim Boulevard, Anaheim, California 92805. All of the terms, conditions, provisions and covenants of the Agreement are incorporated in this Memorandum by reference as though written out at length herein, and the Agreement and this Memorandum shall be deemed to constitute a single instrument or document.

2. Purpose of Memorandum. This Memorandum is prepared for recordation purposes only, and in no way modifies the terms, conditions, provisions and covenants of the Agreement. In the event of any inconsistency between the terms, conditions, provisions and covenants of this Memorandum and the Agreement, the terms, conditions, provisions and covenants of the Agreement shall prevail.
[Signatures begin on next page]

Attachment No. 15
Memorandum of Agreement

4893-1713-7678v9/022620-0095
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the date first set forth above.

DEVELOPER:

BELAGE PRESERVATION LIMITED PARTNERSHIP,
a California limited partnership
By: RAHF V Belage, LLC,
a Delaware limited liability company,
its Administrative General Partner
By: ____________________________
Name: __________________________
Title: Authorized Signatory

[Signatures continue on next page]

Attachment No. 15
Memorandum of Agreement

4893-1713-7678v9/022620-0095
[Signatures for Memorandum of Agreement continued from previous page]

AUTHORITY:

ANAHEIM HOUSING AUTHORITY,
a public body, corporate and politic
By:

Grace Ruiz-Stepter, Acting Director of
Community and Economic Development
Department or Authorized Designee
ATTEST:

THERESA BASS

AUTHORITY SECRETARY

Authority Secretary
or Authorized Designee

Attachment No. 15
Legal Description

4893-1713-7678v9/022620-0095
EXHIBIT “A”

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

THE WEST 80.00 FEET OF THE NORTH 250.00 FEET OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10

WEST, IN THE RA NCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA.

PARCEL 2:

THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN

THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS , RECORDS OF ORANGE COUNTY, CALIFORNIA , BEING THE WEST HALF OF LOT 11 OF HELEN AND LYNCH'S SUBDIVISION OF THE SOUTH HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF THE ABOVE DESCRIBED LAND BEING THE SAME AS

THE WEST LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID LAND; THENCE WEST 170.00 FEET ALONG THE NORTH LINE OF SAID LAND; THENCE SOUTH 350.00 FEET; THENCE EAST 170.00 FEET TO THE EAST LINE OF SAID LAND; THENCE NORTH 350.00 FEET TO THE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE REMAINDER OF SAID LAND THE MOST NORTHERLY 250.00 FEET THEREOF.

PARCEL 3:

AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 10.00 FEET OF THE NORTH 350

FEET OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF

Attachment No. 15
Legal Description

4893-1713-7678v9/022620-0095

ORANGE COUNTY, CALIFORNIA, BEING THE WEST HALF OF HELEN AND LYNCH'S SUBDIVISION OF THE WEST HALF OF SAID SECTION 16, AS SHOWN ON A MAP RECORDED IN BOOK 442, PAGE 158 OF DEEDS, RECORDS OF LOS ANGELES COUNTY,

CALIFORNIA, THE EAST LINE OF SAID EASEMENT BEING THE SAME AS THE WEST

LINE OF THE LAND CONVEYED BY CHARLES SCHINDLER AND WIFE, TO NETTIE EYGABROAD, BY DEED RECORDED MARCH 15, 1909 IN BOOK 163, PAGE 387 OF DEEDS.

EXCEPT THAT PORTION OCCUPIED BY BROADWAY ON THE NORTH.

APN: 250-051-15

Attachment No. 16
Developer Certificate

4893-1713-7678v9/022620-0095
ATTACHMENT NO. 16

DEVELOPER CERTIFICATE

OF CONTINUING PROGRAM COMPLIANCE
TO: Anaheim Housing Authority
201 South Anaheim Boulevard, Suite 1003
Anaheim, California 92805
Attention: Grace Ruiz-Stepter, Executive Director
The undersigned,____________________________, being duly authorized to execute this Certificate of Continuing Program Compliance (this “Certificate”) on behalf of BELAGE PRESERVATION LIMITED PARTNERSHIP, a California limited partnership (“Developer”), hereby represents and warrants that:

1. She/He has read and is thoroughly familiar with the provisions of the Amended and Restated Affordable Housing Agreement (Bel’Age Senior Apartments ) (“AHA”) by and among Authority and Developer dated as of May 24, 2022, including without limitation the Authority Regulatory Agreement, and other attachments thereto. Capitalized terms used herein shall have the same meaning as that set forth in the AHA.

2. As of the date of this Certificate, the following number of senior residential units at the Site: (i) _________ Housing Unit are currently occupied by Senior Citizen Very Low Income Households at Affordable Rent; (ii) _________ Housing Unit s are currently occupied by Senior Citizen Low Income Households at Affordable Rent and (ii) the two Manager Units are currently occupied by onsite managers, which units are unrestricted as to income ; and/or (iii) ______ are currently vacant and being held available for occupancy by an Very Low Income Household, and have been so held continuously since the date an Extremely Low Income Household vacated such unit and/or (iv) ______ are currently vacant and being held available for occupancy by a Low Income Household, and have been so held continuously since the date a Low Income Household vacated such unit:

Occupied at an Affordable Rent by:
i. Very Low Income Household # of Units, Nos.:

Occupied at an Affordable Rent by:
ii. Low Income Household # of Units, Nos.:

Vacant:
a. Held for occupancy by:
i. Very Low Income Household # of Units, Nos.:
ii. Low Income Household # of Units, Nos.:
b. Last occupied by:

Attachment No. 16
Developer Certificate

4893-1713-7678v9/022620-0095
i. Very Low Income Household # of Units, Nos.:
i. Low Income Household # of Units, Nos.:

3. At no time since the date of filing of the last Certification of Continuing Program Compliance have less than one hundred percent (100%) of the Housing Units in the Project been occupied by, or been last occupied, or have been available for occ upancy by Very Low and Low Income Households at an Affordable Rent and the two Manager Units.

4. Developer is not in default under the terms of the Agreement, including without limitation the attachments thereto, the Authority Regulatory Agreement, 2008 Tax Credit Regulatory Agreement, and 2008 Bond Regulatory Agreement).

DEVELOPER:

BELAGE PRESERVATION LIMITED PARTNERSHIP,
a California limited partnership
By: RAHF V Belage, LLC,
a Delaware limited liability company,
its Administrative General Partner
By: ____________________________
Name: __________________________
Title: Authorized Signatory

[or signature block for successor, then current owner/Developer]