55A - AGMT LEGACY APARTMENTS - Laserfiche WebLink

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C. On an annual basis, the City shall confirm the Developer's submission of the maximum allowable schedule of incomes and rents (less utility allowance appropriate for the Restricted Units), which shall correspond to the maximum rent levels allowed by TCAC. hi no event can Developer charge any tenant of a Restricted Unit more than such amount. D. Developer, its successors and assigns, shall not charge rents for the Restricted Units in excess of the amounts set forth in the tables as adjusted from time -to -time by TCAC. E. In no event shall the rent charged to the tenant of a Restricted Unit be more than that amount of the rent as published by TCAC on an annual basis. F. Utility allowances must be deducted from the maximum gross monthly Affordable Rent. Utility allowances are deducted from rents using the amounts established by the California Utility Allowance Calculator as allowed by TCAC regulations or, in connection with units receiving Rental Subsidies, for so long as may be required by the Housing Authority, as set annually by the Housing Authority. G. Recertification of Tenant Income: (1) Developer shall take all necessary steps to review the income of all tenants prior to renting to them, as well as reviewing current tenants on an annual basis. (2) Developer shall allow the City to conduct periodic reviews of tenant files and files relating to affirmative marketing and outreach to ensure the Project's compliance with applicable regulations and guidelines. (3) Restricted Units continue to qualify as Affordable Housing despite a temporary non-compliance caused by increases in the incomes of existing tenants if actions satisfactory to the City are being taken to ensure that all vacancies are filled in accordance with this section until the non-compliance is corrected. (4) All tenant certifications and related files shall be made available to the City either on -site or via an internet based document sharing platform selected by the Managing General Partner. Upon City's request therefore, the Managing General Partner will make available documents or certifications containing tenant information or personal information. (5) The City will indemnify and hold the Developer and each of the Managing General Partner and Administrative General Partner (and their respective affiliates) harmless from and against any and all losses, damages and liabilities (including reasonable attorney's fees) which any of them may incur by reason of the unauthorized release or disclosure of tenant files, or any portion thereof, or information included therein (including any information that could be used, either directly or indirectly, to identify any 8 55A-71