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"Marketing and Management Plan" is defined in Section 6 5 <br /> "MidPen" means MidPen Housing Corporation, a California nonprofit public benefit <br /> corporation. <br /> "Note" is defined in Recital F. <br /> "Rent Restricted" is defined in Section 2 1 <br /> "Restricted Unit" means a dwelling unit which is reserved for occupancy at an <br /> Affordable Rent by Eligible Households of specified household income levels as set forth in <br /> Sections 2.1 and 2 2 and Exhibit B. <br /> 2. Use and Affordability Restrictions Owner hereby covenants and agrees, for itself and its <br /> successors and assigns, that the Property shall be used solely for the operation of a multifamily <br /> rental senior housing development in compliance with the Loan Agreement, the Ground Lease, <br /> and the requirements set forth herein Owner represents and warrants that it has not entered into <br /> any agreement that would restrict or compromise its ability to comply with the occupancy and <br /> affordability restnctions set forth in this Agreement, and Owner covenants that it shall not enter <br /> into any agreement that is inconsistent with such restnctions without the express written consent <br /> of City <br /> 2.1 Senior Housing. Owner has elected to operate the Project as a senior housing <br /> development and as such to require all dwelling units in the Project except for the manager's <br /> unit to be occupied or held available for occupancy by households that include "elderly" or <br /> "senior" residents in accordance with applicable law To the extent applicable, the Project will <br /> be operated at all times in accordance with (a) the Unruh Act, including without limitation <br /> California Civil Code Sections 51.2, 51 3, and 51 4, (b) the federal Fair Housing Act, 42 U S C. <br /> Section 3607(b) and 24 CFR 100 304, (c) the California Fair Employment and Housing Act, <br /> Government Code Section 12900 et seq , and (d) all other applicable laws and regulations <br /> Owner shall develop and implement appropnate age verification procedures to ensure <br /> compliance with this Section 2.1, and shall provide City with a copy of such verification <br /> procedures Owner will indemnify, defend, and hold the Indemnitees harmless from all Claims <br /> ansmg out of Owner's failure to comply with applicable legal requirements related to housing <br /> for seniors The indemnity provisions of this paragraph shall survive the expiration or other <br /> termination of this Agreement. <br /> 2.2 Affordability and Occupancy Requirements. Throughout the term of this <br /> Agreement (as defined in Section 4 1 below) (i) not less than twenty-five (25) of the residential <br /> units in the Project (i e., 49% of the total number of units) shall be both Rent Restricted and <br /> occupied (or if vacant, available for occupancy)by Eligible Households whose gross household <br /> income is no greater than sixty percent (60%) of AMI; and (ii) the remaining units in the Project <br /> (except for the manager's unit which will not be subject to affordability or occupancy <br /> restrictions) shall be both Rent Restricted and occupied(or if vacant, available for occupancy) by <br /> Eligible Households whose gross household income is no greater than eighty percent (80%) of <br /> AMI. One (I) of the residential units in the Project shall be a manager's unit for which rent will <br /> not be restricted <br /> 4 <br /> OAK #4832-3506-8205 v4 <br />