Item HA-03 - Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court

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Exhibit 1 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, subtenants, sublessees or vendees of the Property. 10. Owner shall manage the Restricted Units in accordance with the most -recently approved Management Plan, including such amendments as may be approved in writing from time to time by the City Housing Division Manager, for the term of the income and rent restrictions contained in this Agreement. The components of the Management Plan shall include: (a) Management Agent. Owner shall submit the name and qualifications of any proposed change to the Management Agent. The City Housing Division Manager shall approve or disapprove any changes to the Management Agent in writing based on the experience and qualifications of the Management Agent. The City hereby approves Advanced Property Services Management, Inc. as the Management Agent. (b) Management Agreement. Owner shall submit a copy of any proposed changes to the management agreement specifying the amount of the management fee, and the relationship and division of responsibilities between Owner and Management Agent. (c) Tenant Selection Policies. Owner shall include in the Management Plan the tenant selection policies in accordance with Section 4, above. If at any time the City determines that the Restricted Units are not being managed or maintained in accordance with the approved Management Plan, Owner shall change the Management Agent or the practices complained of, upon receipt of written notice from the City Housing Division Manager. The City Housing Division Manager may require Owner to change management practices or to terminate the management contract and designate and retain a different management agent, to be approved by the City Housing Division Manager. The management agreement shall provide that it is subject to termination by Owner without penalty, upon thirty (30) days prior written notice, at the direction of the City Housing Division Manager. Within ten (10) days following a direction of the City Housing Division Manager to replace the Management Agent, Owner shall select another management agent or make other arrangements satisfactory to the City Housing Division Manager or designee for continuing management of the Restricted Units. 11. Prevailing Wage. (a) Owner represents that it is familiar with the requirements of the California Prevailing Wage Law (Cal. Labor Code § 1720 et seq.) and the federal Davis -Bacon Act (40 U.S.C. § 3141 et seq.) (collectively, the "Prevailing Wage Laws"). Owner agrees and acknowledges that City has not made any statements or representations about whether Prevailing Wage Laws apply to any work to be performed on the Project or the Property, and that Owner assumes any and all responsibility and liability as to whether or not laborers employed relative to any work on the Property or Project must be paid the prevailing per diem wage rate for their labor classification or whether any other requirements of the Prevailing Wage Laws apply to work performed on the Property or the Project. Error! Unknown document property name.