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32A - DENSITY BONUS EDWARD PADILLA JR
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32A - DENSITY BONUS EDWARD PADILLA JR
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1/3/2012 4:01:00 PM
Creation date
9/1/2010 4:14:34 PM
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City Clerk
Doc Type
Agenda Packet
Item #
32A
Date
9/7/2010
Destruction Year
2015
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fails to comply with this provision, costs, liabilities and obligations incurred by Owner and the <br />buyer of the Affordable Unit for the return of any monies paid or received or for any costs and <br />legal expenses shall be borne jointly and severally by the Owner and the buyer and such parties <br />shall hold the City harmless and reimburse its costs and expenses, excluding attorneys' fees. <br />Gross income shall be determined in accordance with Section 8 guidelines and California <br />Health and Safety Code section 50093 (together with interpreting Regulations). Owner shall <br />obtain a certification from each buyer purchasing an Affordable Unit demonstrating that such <br />buyer is a Low Income Household and meets the eligibility requirements established for the <br />Affordable Unit. Owner shall verify the income certification of the proposed buyer as set forth <br />below. Owner shall verify the income of each proposed purchaser of the Affordable Unit by at <br />least one of the following methods as appropriate to the proposed purchaser: <br />a. obtain two (2) paycheck stubs from the prospective buyers two (2) most recent <br />pay periods. <br />b. obtain a true copy of the last two income tax returns from the prospective buyers <br />for the last two (2) tax years in which a return was filed. <br />C. obtain an income verification certification from the employer of the prospective <br />buyers. <br />d. obtain an income verification certification from the Social Security <br />Administration and/or the California Department of Social Services if the prospective <br />buyers receive assistance from such agencies. <br />e. obtain an alternate form of income verification reasonably acceptable to the <br />Agency, if none of the above forms of verification is available to the Developer. <br />f. City may reasonably request additional information regarding the buyer and/or the <br />proposed transaction as is already in the custody of Owner, and Owner shall provide such <br />information as soon as is practicable. <br />6. Non-Discrimination Covenant. Owner, on behalf of itself and its <br />successors and assigns, Owner herein covenants by and for itself, its successors and assigns, that <br />there shall be no discrimination against or segregation of, any person or group of persons on <br />account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as <br />those bases are defined in Sections 12926, 12926. 1, subdivision (m) and paragraph (1) of <br />subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, <br />lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises herein conveyed, <br />nor shall the grantee or any person claiming under or through him or her, establish or permit any <br />practice or practices of discrimination or segregation with reference to the selection, location, <br />number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises <br />herein conveyed. The foregoing covenants shall run with the land. <br />Notwithstanding the immediately preceding paragraph, with respect to familial status, the <br />immediately preceding paragraph shall not be construed to apply to housing for older persons, as <br />defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in <br />the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, <br />51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) <br />of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section <br />4 <br />32A-31
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