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Recorded at the Request of <br />and when recorded, return to: <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Exempt per Gov. Code ,¢27383 <br />AFFORDABLE HOUSING AGREEMENT <br />This AGREEMENT is made this day of 2009, by the CITY OF <br />PLEASANTON, a Municipal Corporation (`City"), and CIVIC SQUARE,LLC, a California <br />limited liability company (`Developer <br />Recitals <br />EXHIBIT C <br />A. Developer currently owns and operates a 262 unit apartment complex located at 4800 <br />Bernal Avenue, Pleasanton, California, more particularly described in Attachment 1 <br />attached hereto and incorporated herein by reference (the "Property <br />B. For the Property, Developer has obtained all necessary entitlements to develop an <br />additional 12 units on the Property (collectively the "Project <br />C. Developer and the City wish to make a certain number of the apartment units within the <br />Project available to households with incomes at or below one hundred twenty percent <br />(120 (moderate income) and eighty percent (80 (low income) of the Area Median <br />Income. <br />D. Area Median Income shall mean the area median income for the San Francisco- Oakland- <br />Fremont Metropolitan Statistical Area adjusted for family size in accordance with <br />adjustment factors adopted and amended from time to time by the United States <br />Department of Housing and Urban Development (HUD) pursuant to Section 8 of the <br />United States Housing Act of 1937 or any successor statute. <br />NOW, 'THEREFORE, in consideration of the mutual covenants, agreements and <br />conditions contained herein, City and Developer agree as follows: <br />Of the 274 apartment units, 12 shall be "Affordable" units. Developer shall make upon <br />issuance of Certificates of Occupancy for the 12 additional units, (available for rent two <br />(2) Affordable units for low income households with income at or below 80% of the Area <br />Median Income and shall make available for rent ten (10) units for moderate income <br />households with income at or below 120% of the Area Median Income. The Affordable <br />units shall be consistent with the following: <br />