HomeMy WebLinkAboutC-6043 - Affordable Housing Agreement Restrictions - Rental (Declaration of Conditions, Covenants and Restrictions for Property) - 305 East Bay Avenuef
RECO I fN&REQU KMKPI$Y
AND WHEN RECORDED MAIL
City Clerk
City of 9 rt Bea'Ch ' u`
100 Civic Center Drive
Newport Beach, CA 92658-89155
WITH A COPY TO:
TO: Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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2015000081802 8:29 am 02/17115
217 416 Al2 25
0.00 0.00 0.00 0.00 72.00 0.00 0.00 0.00
Daniel, Andrew, Dustin & Sasha, LLC
c/o Brooks Street
1300 Quail St
Newport Beach, Ca. 92660
Attention: Neil Brandom
(Exempt from Recordation Fee Cal. Gov. Code §§ 6103 & 27383)
(Space Above For Recorder's Use)
AFFORDABLE HOUSING AGREEMENT RESTRICTIONS—RENTAL
(DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS
FOR PROPERTY)
This Affordable Housing Agreement and Declaration of Conditions, Covenants and Restrictions
for Property (the "Declaration") is made as of F0h 4 , 2015, by and between
Daniel, Andrew, Dustin & Sasha,LLC, a Nevada limited liability company (the "Property
Owner" or "Covenantor") and the City of Newport Beach, a California municipal corporation
and charter city ("City" or "Covenantee").
RECITALS:
A. Condition Nos. 8 and 9 of City Council Resolution 2008-053 and Coastal
Residential Development Permit No. 2007-001 for "Seashore Village" (collectively the
"Affordable Housing Condition of Approval") , require at least six (6) replacement affordable
housing units to be provided (on-site or off-site) within three (3) years of the date of issuance of a
demolition permit for structure(s) located at 5515 River Avenue in the City of Newport Beach.
The replacement units must be maintained as rental units for very low- or low-income households
for a minimum of thirty (30) years; any moderate -income units provided as "for -sale" units with a
covenant maintaining the affordability for a minimum of thirty (30) years; or any combination
thereof.
B. Property Owner is the owner of record of that certain real property located at 305
East Bay Avenue 9266 1 ("Property"), in the City of Newport Beach, County of Orange ("County"),
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State of California legally described in the attached Exhibit A, which is incorporated herein by
reference.
C. The Property consists of six (6) dwelling units ("Affordable Units").
NOW, THEREFORE, the parties hereto agree and covenant as follows:
1. Affordability Covenants. Covenantor agrees for itself and its successors and
assigns, and every successor to Covenantor's interest in the Property, that the Affordable Units
shall be restricted for occupancy as herein provided for the Affordability Period (as defined in
Section 1.2 below) as follows:
I.I. Qualified Households. Covenantor agrees to make available and restrict the
Affordable Units for the duration of the Affordability Period as follows: two (2) units shall be
restricted to "Very Low Income Households" (as defined in Health and Safety Code Section
50105- less than fifty percent (50%) of Area Median Income) and four (4) residential units to
persons and families of "Low Income Households" (as defined in California Health and Safety
Code Section 50079.5 (less than eighty percent (80%) of Area Median Income) (each a "Qualified
Household").
"Area Median Income" shall mean the area median income for the County as
published annually by the California Department of Housing and Community Development and
determined in accordance with the U.S. Department of Housing and Urban Development ("HUD")
criteria then in effect and published from time to time. For purposes of this Declaration, the
qualifying limits shall be those limits for the County, as set forth in Title 25, California Code of
Regulations, section 6932, as that Section may be amended, modified or recodified from time to
time.
Each Affordable Unit shall be occupied by a Very Low Income Household or Low
Income Household, assuming a one (1) person household for two (2) efficiency (studio) units, two
(2) person household for the two (2) one -bedroom units, and three (3) person household for the
two (2) three-bedroom units. The two (2) efficiency units shall be occupied a Very Low Income
Household and the one -bedroom and two-bedroom units shall be occupied by a Low -Income
Household.
As used in this Declaration, the term "Household" shall mean one (1) or more persons,
whether or not related, living together in an Affordable Unit that rent or lease any portion of the
Affordable Unit.
As used in this Declaration, the term "Covenantor" shall mean the Property Owner, its
successors and assigns, and every successor to the Property Owner's interest in the Project, or any
part thereof.
1.2. Duration. The term of this Declaration ("Affordability Period") shall apply
to each Affordable Unit on a separate, segregated basis commencing on the date on which
Covenantor has leased three (3) or more of the Affordable Units to a Qualified Household subject
to the terms of this Declaration and ending thirty (30) years thereafter. Notwithstanding the
recordation of this Declaration, Covenantor shall be entitled to a period expiring on November 1,
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2017 within which to come into full compliance with the terms of this Declaration, including
leasing all six (6) of the Affordable Units to a Qualified Household. Should compliance not be
achieved at said expiration date, the term of the Affordability period shall extend for thirty (30)
years from the date full compliance is achieved. Covenantor shall have no obligation to provide
any relocation benefits or assistance under state law or City ordinances to any tenant of the
Property whose tenancy is terminated by Covenantor in order for Covenantor to ensure compliance
with this Declaration. The covenant contained in this Section shall run with the Property and shall
automatically terminate and be of no further force or effect upon the expiration of the Affordability
Period.
1.3. Income Qualification. Prior to the lease of an Affordable Unit to any
Household, Covenantor shall submit to the Covenantee a completed income computation and
certification form, in such form as is generally used by City in administering its affordable housing
program as may be amended from time to time. Covenantor shall certify that, to the best of its
knowledge, each Household is either a Very Low Income Household or Low Income Household
that meets the eligibility requirements established for the particular Affordable Unit occupied by
such Household. Covenantor shall obtain an income certification from each adult member of the
Household and shall certify that, to the best of Covenantor's knowledge, the income of the
Household is truthfully set forth in the income certification form. Furthermore the Covenantor
shall, on renewal of the lease for the particular Affordable Unit, again obtain income certification
from each adult member of the Household and submit to the Covenantee a recertification form that
shall certify, to the best of Covenantor's knowledge, each Household is a Very Low Income
Household or Low Income Household that meets the eligibility requirements established for the
particular Affordable Unit occupied by such Household. Covenantor shall verify the gross income
of the Household in conformance with the requirements of California Code of Regulations Section
6914, the current form of which is attached hereto as Exhibit `B", as the same may be amended
from time to time, and certify compliance in one or more of the following methods :
1.3.1. Obtain two (2) months of the most recent consecutive paycheck
stubs for each adult member of the Household.
1.3.2. Obtain a copy of an income tax return certified to be true and
complete or tax return transcript for the most recent tax year in which a return was filed, for each
adult member of the Household.
1.3.3. Obtain an income verification certification from the employer of
each adult member of the Household.
1.3.4. Obtain an income verification certification from the Social
Security Administration and/or other public assistance agency if the Household receives assistance
from such agencies.
1.3.5. Obtain an alternate form of income verification reasonably
requested by Covenantee, if none of the above forms of verification is available to Covenantor.
If, at the time of the lease renewal of an Affordable Unit to a Qualified Household, the
Covenantor learns that Household's income has increased above the income level permitted for
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that unit, the Household may continue to be permitted to reside in such Affordable Unit and
Covenantor shall be deemed compliant with this Declaration, for no more than one (1) year or the
end of the lease term, whichever is sooner.
1.4. Determination of Affordable Rent for the Affordable Units. The rent for
each Affordable Unit ("Affordable Rent") shall be adjusted annually by the following
methodology: 1) The two (2) efficiency units shall be limited to "Very Low Income Household"
rents established at 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income,
assuming a one (1) person household regardless of actual household size; 2) the two (2) one -
bedroom units shall be limited to "Low Income Household" rents established at 1/12 of thirty
percent (30%) of eighty percent (80%) of the Area Median Income, assuming a two (2) person
household regardless of actual household size; and 3) the two (2) two-bedroom units shall be
limited to "Low Income Household" rents established at 1/12 of thirty percent (30%) of eighty
percent (80%) of the Area Median Income, assuming a three (3) person household regardless of
actual household size. The income limits and Affordable Rents in effect as of the date of this
Agreement are attached hereto as Exhibit B and incorporated herein by this reference.
COVENANTOR UNDERSTANDS AND KNOWINGLY
AGREES THAT THE MAXIMUM RENTAL PAYMENTS TO BE
ESTABLISHED BY THIS FORMULA ARE NOT
NECESSARILY EQUAL TO THE FAIR MARKET RENT FOR
THE AFFORDABLE UNITS, AND MAY BE ESTABLISHED AT
A LEVEL SUBSTANTIALLY BELOW THE FAIR MARKET
RENT LEVELS.
COVENANTOR HEREBY AGREES TO RESTRICT THE
AFFORDABLE UNITS ACCORDINGLY.
IVY
COVENANTOR'S INITIALS
In the event state law referenced herein is amended, the terms of this Agreement shall
automatically be amended to remain consistent with state law.
1.5. Annual Report. Within sixty (60) days after the end of each calendar year
during the Affordability Period, Covenantor shall submit to Covenantee a report verifying
Covenantor's compliance with the provisions of this Declaration ("Annual Report").
Covenantor's final Annual Report shall be submitted to Covenantee within sixty (60) days after
the end of the Affordability Period. Each Annual Report shall identify the location of the
Affordable Units for the applicable reporting period, the identity of each Household member
occupying an Affordable Unit during any portion of such period, the income and household size
of each such Household, the Affordable Rent for each of the Affordable Units, and the rent actually
charged pursuant to the lease or rental agreement. If Covenantee prescribes a particular form to
be utilized by Covenantor in preparing the Annual Report, Covenantor shall utilize said form,
provided that it complies substantially with the foregoing requirements.
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1.6. Rental Agreement. The form of the rental agreement between Covenantor
and each of the Affordable Household Tenants shall be approved by City prior to the rental or
leasing of any of the Restricted Affordable Units, which approval will not be unreasonably
withheld. The rental agreement attached hereto as Exhibit "C," and incorporated herein by
reference, has been approved by the City Once approved, no changes affecting the Affordable
Rent shall be made to the form of the rental agreement without City's prior written approval. The
rental agreement shall obligate the Affordable Household Tenants to comply with the provisions
set forth in this Agreement and an Affordable Household Tenant who violates such requirements
shall be in default under the rental agreement. Not by way of the foregoing, each rental agreement
with an Affordable Household Tenant shall include a provision to the effect that the Covenantor
has relied on the information provided by the Eligible Affordable Tenant on the Income
Computation and Certification Form and all other supporting information supplied by the
Affordable Household Tenant in determining qualification for occupancy of the applicable
Restricted Affordable Unit, and that any material misstatement in such certification (whether or
not intentional) will be cause for immediate termination of such rental agreement. In addition,
each rental agreement shall contain a provision that failure to cooperate with the annual
recertification process may disqualify the Affordable Household Tenant as such and will be will
be cause for immediate termination of such rental agreement.
1.7. Required Property Improvements. Prior to the initial leasing of the
Affordable Units, to an Eligible Household, each unit shall be inspected and corrections shall be
made by Owner, if required, to ensure life -safety (e.g. egress windows, GFCI protected
receptacles, smoke/ carbon dioxide detectors, vents, etc.) and maintenance issues (e.g. replacing
kitchen and bath cabinets, fixtures, and appliances, and floor finishes and heating appliances)
identified during a November 12, 2014, City inspection have been corrected to the satisfaction of
the City
2. Non -Discrimination Covenants. Covenantor covenants by and for itself, its
successors and assigns, and all persons claiming under or through them that there shall be no
discrimination against or segregation of any person or group of persons on account of race, color,
religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital
status, handicap or disability, in the use, occupancy, tenure, or enjoyment of the Affordable Unit,
nor shall Covenantor itself or any person claiming under or through it, establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, subtenants, or vendees in the Affordable Unit.
Covenantor and its successors and assigns shall not restrict the leasing of any Affordable
Unit on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic
origin, age, family or marital status, handicap or disability, of any person. All such leases shall
contain or be subject to substantially the following nondiscrimination or non -segregation clause:
"The lessee herein covenants by and for himself or herself, his or her heirs, executors,
administrators; and assigns, and all persons claiming under or through him or her, and this lease is
made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any
person or group of persons, on account of race, color, religion, sex,
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sexual orientation, creed, ancestry, national or ethnic origin, age,
family or marital status, handicap or disability in the leasing,
subleasing, transferring, use, occupancy, tenure, or enjoyment of the
premises herein leased nor shall the lessee himself or herself, or any
person claiming under or through him or her, 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, sublessees, subtenants, or vendees in the premises
herein leased."
3. Use Restrictions. During the Affordability Period, Covenantor shall be required to
take all reasonable steps necessary to ensure that each Household renting an Affordable Unit has
knowledge of all terms and conditions of this Declaration by including in each and every lease and
rental agreement a clause which incorporates this Declaration by reference and makes this
Declaration a part of an attachment to such lease or rental agreement. In addition, during the
Affordability Period, each lease or rental agreement for any of the Affordable Units shall contain
provisions that the Affordable Unit shall be occupied, used, and maintained as follows:
3.1. The Affordable Unit shall be used only for private dwelling purposes, with
appurtenant facilities, and for no other purposes; provided, however, that home occupation
businesses conducted in compliance with the City's Municipal Code and other City, State and
Federal laws and regulations shall be considered an appropriate use for private dwelling purposes;
3.2. The Household shall not permit or suffer anything to be done or kept upon
the Property which will increase the rate of insurance on any building, or on the contents thereof,
and shall not impair the structural integrity thereof obstruct or interfere with the rights of other
occupants, or annoy such occupants by unreasonable noises or otherwise, nor shall any Household
commit or permit any nuisance on the premises or fail to keep the premises free of rubbish,
clippings, and trash or commit or suffer any illegal act to be committed thereon;
3.3. The Household shall not assign or sublease any part of the Affordable Unit;
3.4. The Household shall comply with all of the lawful requirements of all
governmental authorities with respect to the premises;
3.5. No person shall be permitted to occupy the Affordable Unit for transient or
hotel purposes; and
3.6. The Household shall comply in all respects with this Declaration and any
failure by the Household to comply with the terms of this Declaration shall be a default under the
Household's lease or rental agreement.
4. Covenants for Benefit of Covenantee. All covenants without regard to technical
classification or designation shall be binding for the benefit of the Covenantee and such covenants
shall run in favor of Covenantee for the entire period during which time such covenants shall be
in force and effect. The Covenantee, in the event of any breach of any such covenants, shall have
the right to exercise all the rights and remedies and to maintain any such action at law or suits in
equity or other proper legal proceedings to enforce and to cure such breach to which it or any other
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beneficiaries of these covenants may be entitled during the Affordability Period, specified for such
covenants.
5. Binding on Successors and Assigns. The covenants and agreements established in
this Declaration shall, without regard to technical classification and designation, be binding on
Covenantor and any successor to Covenantor's right, title, and interest in and to all or any portion
of the Property, for the benefit of and in favor of the Covenantee. All the covenants contained in
this Declaration shall remain in effect for the Affordability Period, and shall automatically
terminate and be of no further force or effect after such time. Upon expiration of the Affordability
Period, Covenantee agrees to cooperate with Covenantor, at no cost to Covenantee in removing
this Declaration of record from the Property.
6. Transfer of Property & Assignment. Any transferee of Covenantor's interest in the
Property shall take subject to this Declaration; provided, however, any such transferee shall
execute and deliver to City an assumption agreement in form satisfactory to City and City's legal
counsel
7. Counterparts. This Agreement may be executed in a number of counterparts, each
of which shall be an original, but all of which shall constitute one (1) and the same document.
8. Notices. All notices which are allowed or required to be given hereunder shall be,
in writing and (1) shall be deemed given and received when personally delivered or (2) shall be
sent by registered or certified mail or overnight mail service, addressed to the applicable designated
person by one party to the other in writing, and shall be deemed received on the second business
day after such mailing.
If to Covenantee:
City of Newport Beach
c/o Real Property Administrator
100 Civic Center Drive
Newport Beach, CA 92658-8915
If to the Prooertv Owner:
c/o Brooks Street
1300 Quail Street
Newport Beach, CA 92660
Attention: Neil Brandom
9. Applicable Law.
9.1. If any provision of this Agreement or portion thereof, or the application of
any provision to any person or circumstances, shall to any extent be held invalid, inoperative, or
unenforceable, the remainder of this Agreement, or the application of such provision or portion
thereof to any other persons or circumstances, shall not be affected thereby and it shall not be
deeded that any such invalid provision affects the consideration for this Agreement; and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
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9.2. This Agreement shall be construed in accordance with the laws of the State
of California and all applicable City, State, and Federal laws.
10. Maintenance of Property. Covenantor shall maintain or cause to be maintained the
Property and all improvements on the Property in good condition, free of life safety issues, and
repair (and, as to landscaping, in a healthy condition) and in accordance with all applicable laws,
rules, ordinances, orders, and regulations of all federal, state, county, municipal, and other
governmental agencies and bodies having or claiming jurisdiction. City places prime importance
on quality maintenance to ensure that affordable housing projects within the City are not allowed
to deteriorate due to substandard maintenance. In addition, Covenantor shall keep the Property
free from all graffiti and any accumulation of debris or waste material. Covenantor shall make, at
its sole cost, all repairs and replacements necessary to keep the improvements in good condition
and repair and shall promptly eliminate all graffiti and replace dead and diseased plants and
landscaping with comparable approved materials.
11. Right to Relocate. Notwithstanding anything set forth in this Declaration,
Covenantor shall have the right to cause to be acquired (by Covenantor or any other third party)
an alternative multi -family property located in the City ("Replacement Property") and to substitute
six (6) dwelling units in the Replacement Property as the Affordable Units subject to the
restrictions set forth in this Declaration. City shall cause a recordable instrument to be recorded
in the Official Records of the County and this Declaration shall no longer encumber the Property
provided that; (i) Covenantor or such third party delivers written notice of the designation of the
Replacement Property to City and City approves in writing the Replacement Property; (ii) the
Replacement Property is in good condition and is not then subject to any citations issued by the
City alleging non-compliance with any City, state and/or federal laws; (iv) the Replacement
Property shall be located in or within three (3) miles of the City's Coastal Zone (v) Covenantor or
such third party delivers to City a fully executed and acknowledged Declaration in a form
substantially similar to this Declaration and copies of the rental agreements applicable to the
Replacement Property confirming compliance with the requirements of Section 1 hereof. Once
any Replacement Property is made subject to the restrictions set forth herein, the Affordability
Period shall attach to the Replacement Property and shall continue for the remainder of the
Affordability Period.
12. Effect of Declaration. This Declaration, and Covenantor's covenants hereunder are
intended to fully satisfy the Affordable Housing Condition of Approval such that the Seashore
Village property, which was the subject of the Affordable Housing Condition of Approval shall,
upon the recordation of this Declaration, be unconditionally and irrevocably released from, and
shall no longer be subject to the Affordable Housing Condition of Approval.
[Signatures and Jurats to Follow]
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IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument
to be executed on their behalf by their respective officers hereunto duly authorized as of the date
set forth above.
COVENANTOR
DANIEL, ANDREW, DUSTIN & SASHA,
LLC, a Nevada limited liability company,
By:
Neil Brandorn
CITY OF NEWPORT BEACH,
a California municipal corporation
Dave— "i
City Manager
Leilani I. Brown
City Clerk
APPROVE ORM: N
::r r (4
Aaron C. Harp C*4 &Z-1 orl
City Attorney
INITIATED AND APPROVED:
�0 -
Kim Brandt
Director of Community Development
EXHIBITS
Exhibit "A" — Legal Description
Exhibit "B" — Income limits and Affordable Rents in effect as of the date of this Agreement
Exhibit "C" — Rental Agreement
Exhibit "D" — California Code of Regulations Section 6914
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A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
M
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California )
County of
On .) �- tet— t , before me,
(insert name of notary)
Notary Public, personally appeared 11E1�. �,Qtr1't`
who proved to me on the basis of satisfactory evidence to be the person(O whose name(g) is/p-,6
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(iw), and that by his/her/thoir signatures on the instrument
the person(sw), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatures (Seal)
SHANE THOMAS JOHNSON
Commission # 1991314
z
v; Notary Public - California Z
Z hi_._ ,�Iy
My Comm. Expires Sep 16, 2016
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A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
State of California
County of
On
before me,
(insert name of notary)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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EXHIBIT A
LEGAL DESCRIPTION
Lot 6 in Block 3 of Newport Bay Tract, in the City of Newport Beach, County of Orange, State
of California, as Per Map Recorded in Book 4, Page 16, Miscellaneous Maps, in the Office of the
Country Recorder of said County.
APN: 048-092-03
1030910.07/OC EXHIBIT A
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EXHIBIT B
INCOME LIMITS AND AFFORDABLE RENTS IN EFFECT AS OF
THE DATE OF THIS AGREEMENT
1. Current Orange County Area Median Income for 2014.and shall be adjusted
annually.
2. This methodology sets maximum rents as follows: 1) the very low income rent at
1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income;
and 2) the low income rent at 1/12 of thirty percent (30%) of eighty percent (80%)
of the Area Median Income.
1030910.07/OC EXHIBIT B
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Median
Maximum
Maximum
Number
Total Rent
Income (per
Annual
Rent2
of Emits
person in
Income
household)
Very
$61,050
$33,750
$763.13
2
$1,526.26
Low
Income
(I person)
(50%)
Low
$69,750
$61,650
$1,395.00
2
$2,790
Income
(80%)
(2 person)
Low
$78,500
$69,350
$1,570
2
$3,140
Income
(80%)
(3 person)
Total
6
$7,456.26
1. Current Orange County Area Median Income for 2014.and shall be adjusted
annually.
2. This methodology sets maximum rents as follows: 1) the very low income rent at
1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income;
and 2) the low income rent at 1/12 of thirty percent (30%) of eighty percent (80%)
of the Area Median Income.
1030910.07/OC EXHIBIT B
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EXHIBIT C
RENTAL AGREEMENT
(See attached)
1030910.07/OC EXHIBIT C
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1. PRCPERT'f:.
A. Laroiaro tents To Terart and Terarr rents frdrm Lardictic, the real t:,'J-_a^!y and irlprvvem:er?a descrloeh as: 305 E. BaV Avenue _ NewDbrE
Reach Ca t;'PPEmtsas'l.
B. TM, Pre'rises are tot me soi= tase as a pefsor 31 fevoerCe by the tbts7wttng rano perscn,(s) onty:
C. » ice raloAzrlg pelsoral ars-ry, n air:. r- �usuara to paragraprs t. is incill:
DTQ (tf cnecked;i tare persorai property m me attached a:derovy%
D. me PtemisEd may be subisa to a iocx cera Cor dot dor _+.natice
2. TERM: Sire term beg$.,ns on (sate) c commenccinsnr Dare'), (Check A or B):
QA. Month -to -►Montle: arc H rwL*s as a mcv : �.. _ ^cy by gra rg vvntten no?lam at least 3L da}s
pn_ r tis the Irte; ided iermirallor. Ltiie. Lardlo :: a a'- , . ; , as prvod_d oy law.:: un nonDcs may oe
giver cn ary Dace
9, Lease: and st'tat tel--mirate on (date) ai QAMI ❑ PM.
'renatlt sralt 4aCate the ?remises upon ternirallcn of the Agreernent, witcss: tee} _ardit rd aro Terant uve erienzea iris Ayree-rrem In
w-rTng or'gred a rew agrrmment: (il) mardated by tck;ai react consral WN- or till) Lardlow accepts Rent from Tenant t'DT,r Thar past due
;tent), it wh'ion Case a monin-io-mortri teranq snalt be Created wv,';o'ri a ?her DaP3y may tcirrmaie as specret in Daragraptr 2.n.. Rem shall
oe at a rale agreed to by ? ardidrd and i enarc, or as slowed by iaw. Ah other leans and W101tILns or INS A'greemerst snatt remain tri full
;arta. ar'l es tt.
3. RENT: 'Rerl'sh WI mean all int elary ooitgallors v Tedart to Lanftrs under the terms of ire Ageemer., _rzcept sewity oeptr>t_
A. o naant agrees 10 0ay s per nvM for the feria; Of ir.2Y A ee'rent.
B_ Ren: s, ,: aayave it avarce on me set (or ❑ ) day o,, each emerdar mors r, and s oeinquerr, or tri text day.
C_ IL on any day ?;zees tnn me day Rent is payable wasr;,arsgraan 3$., an.' Te,iar; llaG paid one mill 'r..=VS RE -1, Ir'
aovance of Commencement Dale, Rent for me s -id Calendar rrtcv.h snai be prcazr_d and Tenant shall pay tt`MM of sale monthly relit per clay
for each day rernatnir g in prorated spord morh.,
D. PAYMEtTr: Reri shag be paid by Q,detbaeiar oirem []money order. Qcasra-, } Cti-A. or []outer , tJ
t'•ta,re) (p oriel at
(address, , ,;or
at any the; location s bsecrden5y sp: cifieo oy L a9dord in wriang to Tenanii lard W if 9h���.ked, rent mayL'e '{raid per r?: ;r -vetW=_?r, the 71E'p.N5
or and -on m-raibvngdays a*yaaynert
Is reIDMeed Tor non•5UITIVs it turds t -NSF') of t*ciuse ter -am stoQs Laymerl, Men, ane8 to , i LardM .—ray ; _ _ _e^ari to pay
R-eWn Cann fix Mr -_-e morths and 13.) all future Renj shVA be paid by ❑ -r oney bV-:;, o'❑ C3sr4i% N�*a.
d. SECURITY DEPOSIT:
A. Tenant agrees to pay s as a secur.-'ty depasn. Cecunty deposit wit be trans, 2rrzd to and taetd by vie-
Owner
arOwner of Me Premises, or heid n :?Wirers Brokers trust acmur .
B_ All or ary pvrbor ta5 are secur>ty depo'all Tay De Asea, as ressona'diy neccssar�y', to: (1) Cure Teenani s =_fault Ir payreM of Rent ('RstriClr irolud=s
Late Charges, NSF fees or o€ner smss due): (h) repar damage, exi;`r.Idsng ordl aq w_v and tear. aausad by Tenant or by a yrst or tloensee v
Tenant: (ill) Clean Premise.., :" leesssary, upon 7erm1ratlor,, o', tree lerarcy: and (LV) treptace or retu2i rersviai property or apaune'tar-o2s..
SECURITY DEPOSIT $HALL. NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT_ If ad or ary pordotfi v,` Lite
securty deposit is used zvrng Me ter. arty, Temm agrees to reinstate the total seCurlly wposfi wthin Me days .Tei' Wruen :no21re is d2lvered to
ia_nart. ViMlrz 21 days atter Tsrari .�arvies the Premises, +ar0otd seal; td) famish Terart ar, 1 zed satetrr m Pi 0rg e" amoli,rt V. am
seewly deft aeCervel ;add se bass -Or its dlspositJm 3nd sutpaurg si",Mrer.allul as se Died by CalMrrla £ dl 3*-- § t 4 0 t;g t and (2)
ream any rvrain=ng pomor of the s linty deposit td Tenant -
C. Security deposit will not Era returned until all Tenants have vacated the Premisaa and all Kaye returned. Any security deposit returned
by check shall be m3d3 out to all Tenants named on this Agreement, or as suDsequentty modified.
D. loo merest Will tae pard or sectiwily deposit Unless r--gwed by local lam.
E. It '852 seutilty deposit :s held oy owrer, Terart agrees not to hV C Broker respxanslVe for its tetwn. IT the seouriy cls held In OwNer's
urtW% trust atsoi;rrt, and Brokers astthdr;ly is retrrna:ed beft#e ertairatlon i.,!f this Agreeme!It, and sAc alty' deposit's released to someone
Wier Trar, Tenant„ then Broter shat rovy Tenant, ?;� wrsrrg, Wvlwe 3nd to'WI`0M SCOWItly deposii MS been ;V -eased. Orce `f erant vas beer,
pial"Idea StV_A no iae, 7erani agrees not to hold Bricker respo.isrbie x `:he secur'iy aepmn.
S. MOVE -IN COSTS RE€EIVEDIDUE- Move.—in Turd, rraele payabW_ to
eti�ll hn-atrt:ht• n --e:.. aminal nxrnram'nr^r r rernfixk�l�rC c3vanR
Category Total Due Pa ant Received Balance Due Date Due
=,ent fPvm
T:, fowel
Oscur,y Deposit
over
C-ner
Total
'Tire fl-Wirnam amtun, Lana Ord In ay aS .semx ty ae I;, raWeler ciesgraied, tzrrnot exceed 39L _ _ `,r Jtrtu r shed premisesor
three manors' Rett for poi hied premises.
Tenants 1r1taY , eel ) La_n oras trGals (
LR REVISED 1211S (PAGE t OF 5) s'ex3e —d Dy Dole ■r+r
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PACE t OF S)
a:�rar..naP+�n.P�.Ktary r�.,..ws. cora sae ctia...x. c•,a ax -x -e. ta-is.ais^vs ,ue an.,t si..w
i..�.e.9aw.p� t'e:4uzx�rat^.zrrarrasy�rr4c�. 7•a:rdtte=rmnr aeaarraa� r�... i+r t y ;,ct.�a .w.,.•=:i. •,,,. .,
1030910.07/OC Exhibit C
371528-00002/2-4-15/rmj/sdb -2-
Premises: goo❑4 R_T�.x,np„g„ WilAp "A h ra Crate:
9. LATE CHARGE: RETURNED CHECKS:
A. Tsnant avknVA edges eIM-:T MIR! pay -rant Di Pen- L4 Issuance of a retuned check may CaLGe Landrtxd to lrtur co= and
ape -uses, the exavt airiowls V, 'whicn are sx'3emvy diiTCult. and tinpiacilcal to 0eterr,-'•Ie. These costs may Inikude, lJtt are not
imited ti, psocesarg, er-,=-meat and accolntngex s'isea. Sd 135E chars Im} sed an Landlord. If any fnsttltreni or Rent
we from Tariari F5 nOF feCetVSII by L3rdlOrd Wlinia 3 for • i calendar days afler the date due, Or ', a ort --Lk �retumed„
Teach shall pay to Landlord, respecCvely, an ad11,ylonai stat :,,, 5 or % of VA- Rent cue as
a La;; •Ctarge arcl $25.00 as 3 ,'NSF res for the first 'resumed daea arII $118;1:�3 as a NOF fee fir eann avidtoral reined cneok.,
eltrief Of'00T11 E+f, Wfi ch shall tom? de`erle9 30M,on3i Ren?.
B. Lar -Word and Tenant agree matt these charges represern a -,It and reasc-.Iab'e esknate or -he COsis =_andlord may Inwi by
reasrn r? Tenants late or NSF Dayms m Ary Late Charge or ;NuF fee dice snail to p Vl with the tuner Mstaliment Or ReaL
Lardloid's acceptance or ary Late Crarge or N£,F tee shat~ rot £Onsstine 3 waiver as Io any detatkt of Tenait' lLandrotls rlgtit
to collect a Late Cnar LY isF tee s"ii not be CEamed an extensIv.1 of the d3te Re -at Taa
t Is due der paragraph 3 of psevert
Lardlwd from exerc'rs'ng any 07asr 35s and rer.ed ss vt ,?r Mrs Agtee'.,re rt aril as 2W*ed oy "`aw.
7. PARKING: (Cheek A or B(
❑ A- paring is Permitted as Totowa:
The r}gnt to parking is rs nDf Inddded in the Rena ortarged ;Vrsuant to aaag..,sapn 3. 1f not InVud=d to ?inej Kent, the
parktig seria% tee sha4 e s i 3Wnnaf $ par month. P3dung spacets, are to to Lid for oaMig
2 pery Rcsnse.0 and opefatle motor Yeti£ es. except for traters, Coats. comers,''fuses or trucks (Mer alar t ok- it
traits). Tenant sial park to ass fired spacers;, only. Parkrig spaces, we to be Mi dear. Venk'es lea ng OF, gas or dtrar
,rotor 'venlole tlifids shall n01 Oe paxed On the Ptemises. %fecnanl�. wDA 0T storage of Moperable vehicles is r:Ot perrntred
m pam!N spat, --(V) LST elsewhere On are Premises.
OR❑a. pawng Is no, permitted c.*i ltre Plamises.
B. STORAGE'_ (Check A or 9)
❑ A. Storage iS uef'r y d as toIi7w£:
T-,ke rg c3 separate s1 ge. spate LJS, tj S rot, lrvuded m T:.e Reri €nargea pursuant to paragraph 3.. If nol (rokicivi Ir
,r-- Rer4 storage space tee steal] Oe at at dPJOaaI per morin. Terant shale store omy perycrlal
prvpeny Terant oats, and snail rot SIOre pmpe ty :43lrned by aTLvc er or In which a-:to�aer n3s any r.,gint, ilStz or it _res[
Tenam srw not store any wrpropsrly padtagied food or p»rr'srtaoie gOWS," faTfratle mama. ex'JWies, MZaTdous waste
Orotherr w1tydargerausma?-clear, orIfeg�s'ubsiar--s.
OR ❑ B. �Errcep for Teranrs p?rsor3t property , trKstt
:a nsII er'i ely tlr, the RrE res. storage is nit Petr l`eII cr ale Premises-
3- UTILITIES: Tenar't agrees to pay for aa urilSIes and services, and The st,'.fowkig criargss:
except . wwch sitar+: be ua`d for by Lardtofd. tf any uli lues are :nos s para? y metered,
Te cant shall Day Te-lamrs 'oroo ,lanai' share. as reasor:=y deferrined and dweoted by Lanftrd. It uAltiles are sepazaterr' metered. Tenant, M311
pia0e entries Ir Tenants narre as Ot ze Commencement Dam. Lais^&gd Is only r'espor6b— fix' ns afing a, id m3trial6ng one usable Te:`epttore 133
a. -W Ole teleDnons I'te to the ?remises. TerarS 014 .03Y ary east lor conversar.. hom ex r.'rg wmr-ias sernce proodef.
10. CONDITION OF PREWSES: Terant las exam+neo Premises and, it any. an tumlaire. ha'nisrirgs, appian.as, lantrwapirg and fixtures, Irvu*'n
sni oke diii-c'OVsr..
fetlock all that apply-}
❑ A_ Tenant aekrovfl dgss tabes_ it'c rs are dear ala to Opera fie ixxl t]Itttr.. rhdi 2tse 3_«wOwrtg exp5tans:
B. i eructs 3cl r oAdE{kgr t ar t ie OOrd GO i Lf 71ese ems 5 sxrr riEd'n an 3 *sL3ietr rx 4i Ltif Stk7S 'CAR. Form ?1410k.
C- (I} Lar71"�-ywill Delo.er to Teram a statement of ^. nallfi+n (CA.R. I'DIn MIMO1 E] Wli1' n 3 days an_a exe£utlon of it's
Agreement [j prior to tree Comm =nteT.em Date; ❑wttaln 3 days .3'.'er Ste Com nenoelnent ,Date.
{IIP Tenor-, snarl oompWe and return ate MIMO 10 Latdtofd WIr;ka 3 (or ❑ ) days after Deirdery. Tenants satire to
Team T- MIVO vdaita trait t'me snal cordmtvely be ce+med Terarrs Ackrcra:p Tort of the wrid0or as sta'.ed in the
Mt4A0_
QD, Tenant will p;ovioe Lanciord a U-1 of tfiems Mat are damaged or not In operable oon4ton 'abrin 3 (or ❑ ) day's acct
Corr.Te-.verreat Date, for as a xr?nge q tf _blab Agrerrsrrt ot6 rattler as ar aA iuwledgir=r.1 of etre culetlkar, of frac Pwrrses.
❑ E. Other:
Ii. MAINTENANCE -
A. Tenant shay propely use. operate and safeguard premises. Including if app€l=le, any landssaoirg, Pur, ixe, rurnishrrga a io
appliances, and at mecharicaf. el csicat- gas anO pttimVng rx-jres, and snoike aWT-s. and! Ke-Ep men and ine premises d'rar,
sanitary and will wendla'.ed. Tenait 031 be responsible for dte^cRing 3-0 malltarr;Ing a4: bon rnonax'IIe delecims. a`td ary
ad-Mtonat phtxie lines oeyand ate Ore line and lacl Chat Landlord MaI prOa",de and ?raisin. Tenant snail Irrimsdlale?-:y ratify
Lamord. it wrvrq a any prover, m3 iro3lor or damage WM any item on the proper5y- Tenant shah be 4ZW?-d for air repairs
Qf repla zmeris caused by r eTIa�=1. pez�., y.lesis Or afy.rsEes Df Tenanr, exsudrig Ordinarj w,Ear and tear- T:e ia'it snal<: be
crarged for all damage m 3r T%es as a twit of rsrire to fepart a problem ri a Mely marner- Tenant snail be anarged for
repalr of drain blockages or wwpages, urless caused by defectlYe piury6ng parts Dt tree roots rittaM ig sewer fires.
B. ❑ Lardlmd ❑ T eaar5 shN Water ire galrden, lanescapirg, trees and sftmm, =except:
C- ❑Lardlctrd ❑ Terant snarl marnIa-h a garde=n, landsupirg, trees and stouts, except:
D. Land) rd Tenalt stall ma italrr
E. Tenants falluxe to matnrara ary nett -or wh,ra Terant k fesPorsfole spall Says L anvor'1 L'9e rghr to n;e sorreore ro perform
sL-A °lair. _nance ar::d o�iarge Terant to m.-er the cosi or such mahtenatrice.
F. se fo#olerg Iters of perioral prv3eny are i,-Muded In Me Pre rises wtinoW warrarly and Landlord Will not maiMaN. repair or
repace Mern:
Tetlarts 1r; -tats ) { , L3aIIores 1r:tais t ,{ )
ee-.rr,c-s cr cars �.r.�
LR REVISED 12113 (PAGE 2 OF 6(
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 2 OF 6)
pit lx:r� m'ti JirrtltnC4 r'r �.;"ire YtiJ,t1:', Gi'fiNtr K6. �d W sI Ytb+bt, ui';tY B:i,'L' tlrnnF Vm1
1030910.07/OC Exhibit C
371528-00002/2-4-15/rmj/sdb -3-
Premsees: 905 F Ra,V dawn to Naw.lany+_ A921h CA _ Date:
12. NEIGHBORHOOD CONDITIONS: Terant is 2T.rSed I0 SaVSy rm'n Or terse, as To negrrbomood or area unorions, Imual,Ig
schools, rsaxtmtry and aaegizey of law trio Pena, n?e stattsecs, prcxtr� of registered Te'6rs or offenders, fre plrtetton, ether
governmeratal ser,°`des, 3'raflao[ y, adequacy a" cost of ary ^Atte', w?7stess hit?rr,ei conr. ct"ors or other tetecommunloasNnas or
biter tethroicgy Stf-,IS and Irst3fatiors, prox+mit, to commeh a1, t1dustrai or agrlaullixai act Ot''es,. existing and proposed
tfanspi.,maeon, omstrooti 9 all development Mat may and, rotse, view, or ralfto, Vport rolse. 'rase or odor r r, any soJxce. wild
and ttanestic ankr-als, =. er nuisances, hazards, or orcbwmslsnces, cemeleres, taches and cond,11S'i of com-Tor, areas, condltfOrs
and lrI'Vertes Of Signifita'ICE tri Oertain ou tures a &or rellgiors, and petsonarneids. recldremanIs and preTeTerces 4f i e-riart.
13_ PETS: Unless olherar�se ?rcWded in Capitata Civil Cade 5 54.2, no anvral or suej snaft be kept on os abort the Ptemtses
wnr.OuT L andt3rrf'S peer `AYIt1en corsent, except:
IS. [] fit created) NO SMOKING: NO smOkfng or any substa o -A is allowed or. the Premises or common areas. r smoking Lars ottur
an ole Prem%ss Or common areas. R') Tenant Is responsWs for are' damage caused by the smoking hc1uM-,g, *.tart POT. limited 10
stalls, burls, odt.sas and removal of debris: (11) Ter'am is in breach Of rhos Agteetrerr.?: (it) Terari, guests, 3Rd all vzhers may be
regVred to leave bre ?remises: and (ra) Terar.5 acknOWedges Plat ti order to remove Mor cadged by smok'`ng, Lantlard may need
to replace carpet and draOes and PSlt Me erlke premises regardless or When -_nese Ce'rs vete last cfeanea., replacsd, Or, repainlea.
Such aclfons 3,'o o ref necessary sleds Vii& hr.pact me aetum Or ary sedum)+ cepi:s.'t.. Tae Premises or con lion areas may 'J^"_'
supI-_ctto a.Yoccaj ror_srrOkirng ormnance.
15. RULESIREGULA.TIONS:
A. Tenant agrees 10 Comply 'Aith all 'LaMIM IVes and T -V mrs that 3r at any Me posted on the Fre %s es or ':eliveTela t0
Tenant. Te:lant shall `rot, arvj sUf ensure that guess and r^r_-2s or Terarl shall rot, dkealrb, annoy, endargst Or Trac -Stere
WL'Ta v'3er tenants a the tnillNlg or relg4cors, or use lr'* Premises 11`61' any urlawNl ptdrposes. irtoXiMng. bill not Ilr'lted lo.
ustng. marutatturng, selling, sterng of transporng IiJG't -_`rugs or tf_flier CAnu3bana, or violate any law or oralraroe, or cVr"rrt a
wasae or n;"sanik o:4 or 31jout the Prewilses.
B. fit applicable, Check ona)
j� i anLjortl sfi a p ovt TePan art a copy or tare noes and reg iia t res ar4irir IIays or
OR ❑ 2 e-nar ras peen oro ded NZ, and ackmtledges recelpn of, a copy oTere n$ss and reVI3-iaas.
t5. 0 1 Cr ked) CONDOMINIUM' PLANNED UNIT DEVELOPMENT:
A._ trr4 Premises 3ie a unil to 3 cOrdrrrtnluR, planed urn, d_a:toprer.. ':,',;^mor Ir.eaest subdivisit"I or Omer aew_lopmert
governed o} 3 nr eaaners' assooatil R 6 HOA' j. The rare of lame HOA Is
Tenant asTees So COmp'y WlM al HOA wienanlS, M101bns and resirM:dOrs. 3yaws, ruffes and xe' rllatlons and decisions (-'Rox
RR.jles'?. Landlord &rat arov)de TenafI Cozies Of ?J0A. Ruffs, it any. Tenzrl shaail rVn"•bu;se Lati*Ord ;v ary ilres Or onargss
mIlosed by t!OA or Other aullrOTIrles, due 10 any Y'olrmn by Tenant, or ttie guests or lcersees of Tenant.
B. heck one)
1. Lan acrd shall plonde Tenant with a copy tI die HOA Rules VAV,11 days
or
Oat Q 2. Tenant has Caen and ackrowlsdges rectlpl o5, a copy of the HOA R.Jtes.
17. ALTERATIONS: REPAIRS: Umess othemise spec7ed by law or paragraph 29C, 'A'ttiout Larditatd's pncr Written c• -Insert. (1) Te^tart
snail nDt Drake ary repairs, atterat'Ors or Improvements IT, or a30ua It* Prn°ases mdumng: p3inling, walloaperIng, aWng or
chargirsg roots, Irstiirg anterl3 of satellite drsalfesl. placing suns, displays or ernIV'ts, or using screws. ;3stcnlrg devices, Inge
rears or ad esr%,e mat flaps. (la) Landlord smil not be rE£p6rcstmle Edr lilt ws15 of a Cera It % Or repairs malle by 7erarl; (ill) Tenant shall not dello
Tom Rent ire costs of any repairs, allera€ ons Or .rpfo.emer?b: and [fel) ary dedvewn made by Ter ant sitar, Le oorshe, -d urp3fd Rena.
18. KEYS; LOCKS:
A. MOT to the Commeroement Date, Arp
_
key's) to Ptcmtses, remote tontrrx devfceys} for garage dol:Wgale se-Sr{st,
k y £y TO mailbox, E y syaD MT,fnOf. area;S;t
B. :*MWletlseslhat fucks o etre P-Temisrs❑hsve. have rot, been re -k yed,
C. „ _oar; re -keys existing looks or o erkng ae::.ces. Tenant shall inrmedarts?y IIeiiver Caples Of a:. l:e)s :0 Lan -_lord. Terarrt shall
Pay all costs and charges related CO loss or any key's or opening aer`Ces. Tenart may rot remok'e Locks, even T ;nslalled oy Tenant.
19. ENTRY:
A. Tenant shad', make premi`.ses aa'allatie 'so L3nd1oTd Or Larmra's rersserla0ve for hie woos:e or erIef'ng to make retesswy or
agreed repairs, (Im--sO reg, but riot limited to, MStaltRg, mating, testing. and malntalMig smoke defectfry and carb3r, monakle,
devices, and oraCng, Iimhodrg or strapplrg Water heaters), deccTatiors, atterarons, ar improve x=_Ms, or to sup" necessary
tr agreed services, or to show ieremfses to prospective m actual ptrrc_thase s, tenants, morgag=es, renders. apora sa_rs. or c omre N, S.
B. Lardlord ar d Terana agree haat 24 -tour written rotes shalt tr reasonab'e and suMcleri rotoe, except as fbllsws: (1) 4E -hour wntter nonce
is rquked to com Pict an f'Ispectlon of thePremises prier to 'ate Tenant "roAng Mi,. unless orae Tenaarn wanes frA_ VgVt to such notice. +12)
ir Lan=rd Peas In wrnung Ir'Oamed Tenant [Slat [fie Piemise£ are for sale and Ihat 1Cnant'NO be mlifed5 Ora+Y'y 10 shots the pre'r4es 4C-A.R.
Form ISE), Tien, for the next IM days fofft,' g the *ellvery of the. N3E. -'tend may be given may to show ire Premises to actual
orprmerAtre puI nassms txl Ito vnsn notice is segUTed tf Landlord and Tenant Oralry a r -e to are -relay Tru zgre 0 serO_ cc repair. ref
T.^e date and entre of entry are a.arn orewest of lite oral agreement 1.) No ntol7. ra required: (1) to enter rt case of an emteTgency; (IQ f
11"l2 Tenant tz pgesent and consents at Ste Vnze of entry'; or (ie)111he Ter,ant has abandoned o; sElrendered ST=_ Premises..
C. rel lir ctteckem Tenant authorizes tide use of a ksysafe'Joavox t0 allow entry Iria the Premises ara agrees to sign a
ke}S3'ea'ockb: X addendum C.A.R. Form I(tA).
29. SIGNS: Tenant autnM es Land'ord To p,°ace FOR SALFi LEACE s grs on il-- Premises.
21. ASSIGNMENT; SUBLETTING: Tenant Snail rot surlel all or any lar: of Premises, or assgr or TaWE,; Iris Ago_-eT*-,I l of any C—Test In It,'AtMout
! ardlard5 ;anon A'�:'_-; :. . r-� 11RIeG5 sticit consent � ooTalred, any assfgrt rent, transfer Or suoletilrg 01' Premises Or tr<s Agreamerl of tenancy,
by voluntary act V' 7e,-. p -f,- x -a VT law' Or otNMISC shall, 31 lire Option of Landlord, ta", TIME trafs Agreement Any proposed assir.9es,
Iransteree Or subesfAe sisi ss0mli to Landfotd an application and Ue*dlr fnforrnatror "?' Laandf)ffs app*VZ. 3Rd, =1 ap 1fWed. sgn a septxam
'wr_en 3grement Wflh ! ardSOrd and Terar7. ! ardloTd 5 CYlnrnt tO 3.1y One assJgnme ...:.'.s'ti Or SJbi_as2. sr531 '.tot Oe tOnstrued as oArsanf t0
any subsequent aWgnn en, transfer Cr SL-Ae35e and Cl e5 not felearse T_-1211 ;' -e a . _ . _ at, z '[def!Us Agreement..
Aevtce.�•3 C.y ` cu �
LR RE 41SE.D 12113 (PAGE 3 OF 6) u
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 3 OF 6) �• y
§^.cnzev'tdl�biFu�riL 6Y.ra✓ I&a,*-ZFi:*M U6e^!.. tQ ..-.%tt,:.,,.d:Kt—G: /dunks _
Exhibit C
1030910.07/OC
371528-00002/2-4-15/rmj/sdb -4-
Ptelf?SsS: 14)r F RaV Aa ngp NWpal ROalh r=
22. JOINT AND INDIVIDUAL 08LIGATIONS, If Mire % nore Man one 7,enanL each One sllat* be 91111"w'du3fly and cornplem-y
, respcq '1111t under MIS Agreement, jcmity, WIM every other Tenant, and ticltilauvy'
sibie lor t-rp-- pefforraroe- of all ooligirlors Of 7-
wr.eMsr or ncr, Ir -possession-
23.[:] LEAD-BASED PAINT (it CtIOCK64)-, ?Pi -r -s -es were corstr=ed prior to 1978, In a=44Uno- WtA federal law, LanVord gPses 3rd
2.4.[] MILITARY ORDNANCE DISCLOSURE: (I' -optcabie and known to LaMtlord) Premises are located ore mile of an al -ea
once used for nillu,4), u-.*nlrV_ anumay ocxllaln Dolernally explosive mtn]Uors.
25.[] PERIODIC PEST CONTROL- LarAlOW has Enterec ir)D a conmaci for pvto0c pis! zzntwi --atment or the ?reTjses and Shall
give Tet -ant a copy ol the notor orginally given to Lardlord by the pest corliol company.
2S.El METHAMPHETAMINE CONTAMINATION: Prot to Signirg MIS Agreemcrt, Landlord has g - iait a n0t,c Mal a I*=
mcial has Issued ar, CID=, prot'.-blurg ompancy e me orDpeny Oeow-tse of rniarnphz'.S" -,or:3mirator. A C-cipy of it, --
notice and order ase arl;XIIE11
27. MEGAN'S LXJV DATABASE DISCLOSURE, Notice: zigs-jant to Sect"on 290.4Z, Of the Peral Code, WiorratforaoOut specTio
registered Sex ol7A-nZA-rs Is Made available to the pUpft Iota an Injerrej Wi'o Site MaC.11alred by Itle DeWWrtni of Justlee at
www.megargaw.ca.guit. Deperolrxj on an olifercers, cAminal Ngofy, MIS IrTcffma!Ic>q will Mclude eltneT me address at wf%*Oh the
v-lenosf resl34s or Me toTmainny of residence aid zl:) code it,, wNIch he or site rcs?les. ,Neither La-,Ciorl% Per E401cers. If any. are
reglgr d lb Or Ek WeDsIte- tfTenanjwanjs`,wmer iiforrra-zon.Teran-shottdobialn Webslts,)
28. POSSESSION:
A. Te11311t Is r.01 tin DossesSlor or the PTemlses. 111 Landiold Is unable to clz:her possessim 'A zr�-' --is tm CotrfrinDen'er-1 Dr4e,
swoh Date aftall ie exlen�--cl to V* dr.,E sn %jilch poss--sVor is mate available 1-.� -enz-.- , -arill-mul 6 unable to d0ucr
possession WMIn S (or [] _ ) calendar clays after agreed Cvmmericeneq-. -ray teivrinate INS Agreemert
by qtvIjq wn,-,in notice 1v Lanzlom and stall oe returded j,( Rent and s-mrily cip:4--. p.ij- is Deemed termlratecl
B. ❑ Tenant. rs already In pjssessbr o" itis Pren"rlses.
ZD. TENANT'S OBLIGATIONS UPON VACATING PREMISES:
A. UpOr IEM-Irator of MIS AqTes-rerL Terw- SNII: p) g,.* Landpord all coolss rt all Heys E4 opening Devices to Pre-,4es,
IncluVV any corninlyt areas; (n) vacate and sciaentler FTernlsez to Landlord, enp-C) Of all PENSORS: PIQ Vacate aPy-3-11 P.-aMng
3njc4 storage spsDe; (iv) clean and Cellve" R*MISeS, W sp-drec M P317agai)h C below, *to LanMortf IR Me- sarne cordlilon as
references in paragraph ID: (y) tenOve 311 oet4ls,- (vi) rje wrjfer nOtici to Landlord of Teranrs forNaroing address: and (vil)
a. All alleratom,'Improve'rents Made by or caused to be mads by -Terant, wIM or AMOLt Landloflfs consertt become the properly
V Lanbilorl uloon *,zTmlrs3','On- L2,1101,3rd May Charge Tenarl for restoratol- ce, Me Premises to IrLs conzitlan It was Ir prior to ary
C. Right to Pre -Move -Out Inspection and Rgpalm* (1) tier giving or rs--Allwing r0fte Of tenni'l2tiOn Or 3 tenart:Y f!CA-R- Form
NTT), or Verore ttle end Of a lease. Terant has Me- rgra, to recuest, -mat an ljspottor. C,- Me Premises false olace prior tD
is"mraton uMe lease OF tenial (CA.R. Form uRl). 1, Tenant I-qiiesis w.A an Irspecilor. T,-Iar,-1 sna',l be 01.1in 'an opporturtry
to remedy tEnrfed defideflVeS, Pro. to ter'vr.-im corststent 'Nth tbe- terms CA this Agreemsqt 01) Any Tepalts of altuators
=de to it* Premises as a result ct-, Mls inspecilDq jooll-divery. -ReloalW) Shall be made a-, Tenarrs ex.aerse. Acoaus may be
performed cy T-Inarl or luough others, who hada adequate msurarr,a and Roises and are appcoved by Lardlmd. The work
Shan comply %AAh appljosNe jzu, inducing goi*rrfrenia permit, Insp4-oc?on anti apprvial *qiArcmerns. Repairs Shall 0---
pe-Mormet! fn a gcrid, sitlitV warner *Itrt mal-flals of quality and appearance =,"aaaVe, to eXs!Irg male"S. It IS, LlrdErslood
m3-, Exact ;-rrora!Yjn of appearance Or tie Ts ,6sOwjrq at Repa4 may not be DossiVe. tHI) Terant shal: (a) totalt,
receipts for Re0alr5 perforrea by Omits. (0) prepare a -wrr-1 stane--,rem InaloaIrg tne Repairs ps-TI by- Tenant and
me date of such Repairs; ani (c) prVeroe cooler of rezei,is and statements to Landlord pear DD termirallor, Paragraph 2SC ODS. nal
appywr,sr -,he tenarcy is termiratel pursuant 16 California Cpde c,-, Civil Pic)OeDure § 1 1'6If2',, (311 or f4).
34D. BREACH OF CONTRACT; EARLY TERMINATION: it,, ajollor to any obIlgatIcns estaVislted by paragraph 29. Fin the iverl pr
terminri3n by Tenarl pror To cornoletion Of the or'gjral -,ann � the Agr-sernent, Teniarl shall also to resporstole for lost REIL rental
corrmISSWS, advclt.Vilq eXp-hSAz and paintng costs necessary to ready Premises for fe4sr-IRF. LaIdIord may withrald ary sum
3M.OlrqtS TrCM Tenants s.-f-urity &D.0 Sit
31. TEMPORARY RELOCATION: DI-01-ect to [Dcar law, TCPart agrees, upon oET-ana of Landiarti, 10 tempora ly vaca!e Prim4es for 3
rcascnat* ot-ODO, to ailow for A?fTigsion nor other methods) 10 cor",01 wood destroying P-Sis or olgar9-.-,rs. or oireT r--paZrs to
Premlm-er, Tenant agrees to comply all IrstnicVons and req&erreftls IlEciSSary to PT-E-PITe PITsTnIse-S to aocummOdme best
mitiol. liniqan3n or other work, filcitlding bagghg or Storage of roc?d and newctne- and removalz of perlstlaves and valuabfes�
Tendril SII dray mm2 ertf�1efl td a tFeot or Rert equal #b the rte; diem Rert to; ane peyotl OS Cmc T'Er3rt1 IS fer�Jlred tO i°scale Premises.
32. DAMAGE TO PREMISES: II. Ray no fad, of Tenant. Remises are WWy or Zalnl3lly damaged or destroyed by ire, es;otcyjake, accident or
,,Djer casualty that render Premises totally w parta3y un)nMzWIaVe, elME7 lardletd Or Tenant may terrnnaa MlS Agree-nner! by 91,M9 the
dater Iscitien ro'Lcs. Rer! spall be 3=-d as rt the date PTern1sr,. :o:,, ; or partl3q, UNnnablla-ble. Tt* abated amount shall be Me
ardlord sins primo -y repay ale carnage, and Pent wail
L- redtreRe oared Or Mie exienr to "w#xd'i tl'ie da,2y #r#=. cies 'A ;h Feria < _: -vie use of Premises. 11 dam, age occurs as a result cr an act
CYT,Tenar1 of TenanrS gUCSIS, Only L3nC''ora shail have Me right of ietarin3t^4r --odoVLm In Rem Shalt be made.
33. INSURANCE: TelanTS or guest's pz-Twral pmpz.-,y and velhiclers ase 7a: insured by Landlord. -ranaget or, If apV-Icaple. 40A,
against Icss or damage aur to fire, theft, %rards. osm, rain, 'Nater, w1minal or negligent acts of others- or ary 01-reer cause- Tenant Is
30YW0 to Carry Tenant's own insurance (renter's insurancs) to protect Tenant from any such loss or damage. Tenaill shall
cumoly -&,th dirty r--q4,fr4Frrem im-nosed on T,, -an! Dy Lanalota's nsurer to arvold: (,,) an mcreaEe In LandlDrVs, hsom-ice- premium
i� Terant shat day for ole trorease n prejt#um9 Or 1A) foss of tnsuranCc.
34, WA7ERSEDS: Terant shaff not use Of Pave wateibeeas on Me Premises unless. Q) Terant, oblins a vaild wal.-Med Irsuranae pvllcy,
(11) Tenant Increases Tie security deposlt fn x -i atnwrl equal, to ore -hair of ore month's Rent: and psi) the bed Witoms to the fIoor
joatf capavry of Pre--r'rSes'
35. WAIVER: Tri ,Nalver )-, any Orea" sngf jot be cDj,,r.rj&O as a cc-jUnLWng walver v! Me Same, or ary suDsequer' breach.
Tenarrslrmwsi LanotOrTsINTaIS( _)( _)
1 .!1 tyodic
-
LR REVISED 1XIS (PAGE 4 OF 6)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 4 OF 6)
pw.1,et-V —111-1-- 0—k 7mear
Exhibit C
1030910.07/OC
371528-00002/2-4-15/rmj/sdb -5-
Prems?s: 3o5 Fsale A anue Nm=v Beach Ca Oate:
NOTICE: Notices may be sireel at the rbrrowlrg at -dress, or a! ary :?iter vacaton sutG.egtr-r*jy desgratwj:
L 3rdlo,td: Term'.
37. TENANT ESTOPPEL CERTIFICATE: Tenant shall sxe,=e and return a Tenant esti-Effinica-E dekEfea to Te?wit by Lardhrd or
Laraitid`s agent Wirm 3 !lays 3f^?f Its rel*'9t Failure to comply ',`til Mls, requirement shatbe Z?emed Ts ars acinVxeignert
that the tenari wopge' oel-1 oare s True and 4JtreCt, and n -ay pe relied upvi by a lender or puacnaser-
33. REPRESENTATION:
A. TENANT REPRESENTATION: OBLIGATIONS REGARDING OCCUPANTS. CREDIT: Tenant warrants ural, all statements it
Tenants remw' aop3cador aie axurate. Lanallow r_gwres all =uparis to yew's Of age Or vd-r and 33i emarovated ' '.nt£s fO
c0mpfeiE a Kase rertal apploator. TEnanr acknix,eilges iris requirefnert and agrees to ntti",y Landlord wr,n any r=1;;Mt of the
Pfe'rises re3ones `.rk. age Or 18 cd tecomes an emancipated mirror. Ter i. awenollZes Lanc,Ora and aroker(sj to obtain Ter,aris
orsclf repos perov ally axlig "_r tsranOy Ir cornection Will the m0ctriarOr or anforcemerl, Of this Atgreenert. La[idtora may
cancel this Agreernem: ji) wore omuparcy bEgtrs; (l[) Upon disapproval Of the crellt ieperlts); or (lh) al any Time, t.'yYon diswverng
Tat tnrora'"aton, In TenanCs appWoaOOn %'false. A negative credit repeat rettei<Irg On Tenarvs record may be SWYK-Ilsd to a credit
t?PbtL't?gamt-. cy If Tenant rails la W4 Tfs terms of DaymEnt. and Diller i$tl,a+�oi°s a'?tder this A� 2"r$fii...
B. LANDLORD REPRESENTATION$: Lardlotd walTarts, that uniesa oth=_-wtse spec'led In. wrring, u ar.diord Is unaware of 0) ary
recorded NO-Ice.s Of Detauit atCeceng the Premise;. tis) any aelinquem amtxar a (We. alyder sly loan secured by die Piemisss; and (lli)
any balkiu* cy proceeding affEctirg the plemlses.
39. MEDIATION:
A. Cansrsteri with par-agraohs B and ray I:ellys, Landlord and Terear agree . ;'^s ary dispute or claim arsirg ber,een mem old
of tlfs Agr-e*reni, or any resullIng transwIlEn, O --tare resonirg to coc %Scllaibn tees, r, any, shall be ",des equal
anorg it+e --antes InvVV90. It, for any dispute to '..1' 3,111 10 "Which this parag ap' a : ary 33ao7f OOnme:' c9S an aaOn h?LhOU rasa
atteTgring to resotve f— frarei through mediailon. or realises to mediae a*er a -1 est Inas been mane, then that patty shall
rot be a tZsd to recoriear atton+ey Sees. emien a'tisey'Aroara DIAEraxise be avalWl - O Inal. 3 -+ any such 3 SIt7€1.
B. The t0'4owirg m3uErs are excluded Tarr, mediailcm: p) an unlay.jl detainer acro:- ,i:) ine alrng or enforcenert Of a mechanics
rev; and (III) any InVs; wnhir. Me turlsVicion of a YOOate. sma`t clavas or barUj
PTPMS�:S: 105 F Bait AwImp Madpa, RRA,h ra Date:
46.E] IRTERPRETERiTRANSLATOR: The lens Of MIS Agreement have beeP. InT.-foreled 1or 7eparr. hb the M11VAIng language-.
LanVor-A and Teetarl apkiowIid�-,_ rec-Ipj or
Ine: auacneil agreerne-ni IC.A-R. FvnT iTA),
47. FOREIGN LANGUAGE NEGOTIATION: IT ;his Agreement nas teen regollate,:l by LarWord and Tenant lorrnarily Ir, Spanisn,
CNne-se. Tagalog, Korean or Vlelrarrese, pirstont 10 !;-je cat",-4rila CA Cope, Terialt SrIall tat PI'Vioided a Lar,V3tJ0P Of INS
Agreement�.-I Tie laanquage useC for Inenegotatlen.
48- OWNER COMPFNSA.TtON TO BROKER: Upon exectAlon v', MIS Agievrerl, awr--r agrees to pay corn;-nsalion to Broker as
specireo In a se-p3mze wrl.eT-. agreement cerween Owner and Broker fic.A.R. Form LCA).
49. RECEIPT: 11'rpecilleti"'I pwagao 5, Lardlotal OTB;OW, am3roMedge-Secelpt e, rameAntUrdE,
Lardlord and Tenarl a3nuMea* and agree Biolets: (a) Co rot, guarantee the vonCN,0.1 of me Prerrirs-_s: (0) cantrot verIfy
fepresemaIpns vacs q oiners: (C) Z3nnVT PTWite legal Of LU RdVfte; (0) wIf rot sifter aT.Ice -,,; tifonna!on that exo-ess
the llnvmeage. edw-von or s)(pe"ercia ri-qVred to W13M a sea, es!Xe 11cer--Zz. Funrwrnore, it 5rokers ile rot also acapq 36
Lardlord M !V,,S Agreem-e-it, Brokers: (a) do not de -Ode what renlzil rats a Tenant should pay or 1.110lorll Shouto acoelot., and (II) do
To! deol0i Upon the W1.9th of Dme" lerl's of tenancy. Larzord and Te -:ant agree 111.,x TAy *1 Seek *Sal, tax. lnvx-.ro-- and Mer
cesir-O assistarnc truer, app Iopriale plofessiviais.
Tenant agrees to rent the Premises on the above terms and conditions.
Tenant Date —
Address city Slate — Zip
Telephone Fax — E -mat
Tenant Date
Address City Stale —Zip
7elaephorei Fax
E -mal
Ij GUARANTEE-- M consl5srafon If the ex-ouror v-, tnts, Agreement oy and bs:w-:-r,, Landlord and Tenant and for vailUtiole
WISIO-rativi, receipt Or wroon Is nereoy aalnu4ireaged. Iner trlaswqrso :De- rFe:q, (q guarantee
Urr.cn0I1cna!Y 10 L3,70101`5 and Lan0lord's arerls, sucoessom ansa assign, ire :, oIh__J sums that
bec;me dot pursuant to tars AqrsemsriL WuL-Mg ary and all cout omrs and a «; e. ,.: r r, -ar-,-aN In: AqTe_,rert:
(R) onsem to any, oranges, md1carlons or 11--eralloris 0, any term [IT M Agree'rer, agreed -D Dy Lardlora and Tenant: and (IQ
waVire any rgrr, to requIre La"aardior LandlVrO% agents to prooeoed aq3IrSI Ty-Iar'. %, a -IV dettiull, =L"rg Under tt,,i:s
AgrecrnsniocTore, seeking m erfTDro_- mis Guarantee.
Guarantor ti Print Name)
Guarantor _3:e
Address City Zip
Tei phons Fax E-mas'
Landlord agrees to rent the Premises on the above terms and conditions.
Lanc�ord
Address
Telephone Fax
Date — Landlord
Date
REAL ESTATE BROKERS.
A. Real Wale- brokers *-no are ro! also Lardloltl Lndel MIS Ag;evrerl age nor Val-JeS IV III-- Agfeen-e--- tetNel Landlord
a^rdTerrrs It.
C. COOPERATING BROKER COMPENSA71014: Llstrng Broker agrees to pay CoopefatIng EmW (LeasIng F3rn) and Cooperat:W
Brow afiees 10 woepr (1) tale amour; speffev ,l me MLS. PFOANsid Cooperatirg Broker % 3 0XrCi0&1t of If%- AILS In WIN0 the
Property I. otlersed Im sant cc a retprocai ML-,; or (n) E]ar criectiec) Ir amovil speed m a separate wriner agresr'Erlosnwezit USt"g Broker and
Cmper&rg Broker.
Real Estate Broker (Listing Firm) I Pa and BRE Lic.
By 'Agent) Warren Berzack BRE Lie. # 01329015 Dare
Address 15250 Ventura 191vid City Sherman Oaks - State Ca Zip 91403
Telephone — Fax —E-Tna4 wbef7acke&J*,_-re com
Real Estate Broker (Leasing Firm) Surseme Pmaerries — BRE Lie- *'017782,20
By (Agent) Josh Cunningham BRE Lie. # 0802660 Date
Address 621 S F1 Camino Real_ City San ciemenz)p Slate Ca Zip 92672
Telephone Fax fflMMA4_';637 — E-maJ JCunnjuShamdbSi nrprreCl com
UMW Sssa, "=Y%WkklfTil! 17 U�' Cald: fcibtsw Riv &,xt.wt 1Wtiutm., •twfte I,
1i•?,, FOrVA 14-' SE FN APPR WE -b aY 1[--r: e.U1FLPVA A-,-X)aA rC#4 OF R.A10R?3 jt� ;L R a W RE W-iIEN1 XfM i$ VWE k, TO I -it LECA, VAIJLX TY CQ ;CCQLkge Y VF A,,j e
F�Z'" LN IN AN !IF+. L,Fic V;AN*;4C,,* A FFA. -Ea TATE aRx'I(P. R tSVrE FER9QA,4 C.-,AAUF iE0 TO A,"NIFE lo4 fE Ai. E ETATE -NAu?,Au7)0 M' P% yw DFinw u,� , uR PAX ;uy,-. uE,
T'. I- . --fe.1A, It, ;vd wast V.14"_10. N", i"014.d W
_d.�PY REAIJORStv..I,--tf, 2L b
B_ 7 CER4ICE2, INC.
n I
Fir -'*w -d t Y_ Cate
LR REVISED 1211[3 (PAGE S OF G.)
RESIDENTIAL LEASE OR MONTH-TO-MONTH RENTAL AGREEMENT (LR PAGE 6 OF 6)
--h -1 bi Iiiiflk, tM-, V k Rd F 1-,AA0inw1, 43Lji — w, - - b -A, iireta
1030910.07/OC Exhibit C
371528-00002/2-4-15/rmj/sdb -7-
EXHIBIT D
25 CCR s 6914
Cal. Admin. Code Title 25, Section 6914
CALIFORNIA CODE OF REGULATIONS
TITLE 25. HOUSING AND COMMUNITY DEVELOPMENT
DIVISION 1. HOUSING AND COMMUNITY DEVELOPMENT
CHAPTER 6.5. PROGRAM OPERATIONS
SUBCHAPTER 2. PROGRAM ELIGIBILITY AND AFFORDABILITY FOR LOWER INCOME HOUSEHOLDS
Section 6914 - Gross Income.
"Gross income" shall mean the anticipated income of a person or family for the bfvelve-month period following the date of
determination of income. If the circumstances are such that it is not reasonably feasible to anticipate a level of income
over a twelve-month period, a shorter period may be used subject to a re -determination at the end of such a period.
Income" shall consist of the following:
(a) Except as provided in subdivision (b), all payments from all sources received by the family head (even if
temporarily absent) and each additional member of the family household who is not a minor shall be included in
the annual income of a family Income shall include, but net be limited to:
(1) The gross amount; before any payroll deductions, of wages and salaries, overtime pay, commissions,
fees, tips and bonuses;
(2) The net income from operation of a business or profession or from rental or real or personal property (for
this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be
deducted to determine the net income from a business);
(3) interest and dividends
(4) The full amount of periodic payments received from social security, annuities, insurance policies,
retirement funds, pensions, disability or death benefits and other similar types of periodic receipts;
(5) Payments in lieu of earnings: such as unemployment and disability compensation, worker's compensation
and severance pay (but see subdivision (b)(3)).
(6) Public Assistance. if the public assistance payment includes an amount specifically designated for shelter
and utilities which is subject to adjustment by the public assistance agency in accordance with the actual
cost of shelter and utilities, the amount of public assistance income to be included as income shall consist
of,
(A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter
and utilities, plus
(B) The maximum amount which the public assistance agency could in fact allow for the family for
shelter and utilities,
(7) Periodic and determinable allowances such as alimony and child support payments, and regular
contributions or gifts received from persons not residing in the dweling;
(8) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the
dwelling) who is head of the family or spouse (but see subdivision (b)(5)).
Where a family has net family assets in excess of $5,000, income shall include the actual amount of income, if any,
denved from all of the net family assets or 10 percent of the value of all such assets, whichever is greater For purposes of
this section, net family assets means value of equity in real property other than the household's full-time residence,
savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and
automobiles shall be excluded.
1030910.07/OC EXHIBIT D
371528-00002/2-4-15/rmysdb -I-
(b) The following items shall not be considered as Income:
(1) Casual, sporadic or irregular gifts;
(2) Amounts which are specifically for or in reimbursement of the cost of medical expenses
(3) Lump -sum additions to family assets, such as inheritances, insurance payments (including payments
under health and accident insurance and worker's compensation): capital gains and settlement for
personal or property losses;
(4) Amounts of educational scholarships paid directly to the student or to the educational institution, and
amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and
equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes
of which are available for subsistence are to be included in income;
(5) The special pay to a serviceman head of a family away from home and exposed to hostile fire;
(6) Relocation payments made pursuant to federal, state, or local relocation law;
(7) Foster child care payments;
(8) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is
in excess of the amount actually charged the eligible household;
(9) Payments received pursuant to participation in the following volunteer programs under the ACTION
Agency:
(A) National Volunteer Antipoverty Programs which include VISTA, Service Learning Programs and
Special Volunteer Programs.
(B) National Older American Volunteer programs for persons aged 60 and over which include Retired
Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services
Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of
Retired Executive (SCORE) and Active Corps of Executives (ACE).
Exhibit D
1030910.07/OC
371528-00002/2-4-15/rmj/sdb -2-
SUPPORTING DOCUMENTATION REQUIREMENTS
The Income Determination is a 12 -month projection of a household's gross income. The first step in the process is to
ask applicants to declare their household's gross income (and the source of each type of income) on the client intake
form.
Based on the type and source of income declared, source or third party documentation must be collected for the file to
substantiate each type of income listed on the program application or client intake form. Such documentation may not
be dated more than six (6) months prior to the date of the income determination.
The following list includes many of the common types of source or third party documentation that should be obtained to
substantiate the income declared by an applicant.
t
Type of Income
Source / Third Party Documentation
Copy of the most recent filed and signed
Federal Income Tax Return with all schedules,
The full amount, before any payroll deductions, of wages and . attachments, %AJ -2s, etc.
1 salaries, overtime pay; commissions, fees, tips and bonuses, and
other compensation for personal services. IRS transcript, three (3) months consecutive
paystubs, and completed employment
verification form_
The net income from the operation of a business or profession.
Expenditures for business expansion or amortization of capital
indebtedness shalt not be used as deductions in determining net
iRS transcript, copies of the last two (2) most
ii income_ An allowance for depreciation of assets used in a business or
recent filed and signed Federal Income Tax �
I profession may be deducted, based on straight-line depreciation, as
Returns with all schedules, attachments, I/+1 -2s, i
2
provided in 'internal Revenue Service regulations. Any withdrawal of
etc.
cash or assets from we operation of a business or profession will be
included in income, except to the extent the vvithdrawal is
Three (3) months consecutive paystubs. 4
reimbursement of cash or assets invested in the operation by the
I
family.
Interest- dividends- and other net income of any kind from real or
personal property. Expenditures for amortization of capital
indebtedness shalf not be used as deductions in determining net
income. An allowance for depreciation is permitted only as authorized
in number 2 (above). Any withdrawal of cash or assets from an
Three (3) most recent months of consecutive
3,
investment will be included in income, except to the extent the
statements for all asset accounts.
withdravml is reimbursement of cash or assets invested by the family.
Where the family has net family assets in excess of $5,000, annual
income shall include the greater of the actual income derived from all
net family assets or a percentage of the value of such assets based
I
on a 10% capitalization rate.
The full amount of periodic amounts received from Social Security,
A copy of the annual letter received from
annuities, insurance policies, retirement funds, pensions, disability or
Social Security listing the gross monthly
death benefits, and other similar types of periodic receipts. including a
payment. A copy of the most recent three (3)
4
lump -sum amount or prospective monthly amounts for the delayed
months consecutive payment checks or
start of a periodic amount (except for ceilain exclusions, listed in See
statements indicating the gross amount of the
attached 25 CCR Section 6914.
payment.
Exhibit D
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Payments in lieu of earnings, such as unemployment and disability A copy of the most recent three (3) months
5. compensation, woiker's compensation, and severance pay ;except consecutive payment checks or statements
for certain exclusions, as listed in 25 CCR Section 6914. indicating the gross amount of the payment_
Welfare Assistance. Welfare assistance payments made under the
6. Temporary Assistance for Needy Families (TANF) program are
included in annual income:
• Qualify as assistance under the TANF program definition at 45 CFR
264.31 and
• Are otherwise excluded from the calculation of annual income per
24 CFR 5.6O9(c).
If the welfare assistance payment includes an amount specifically A letter from the household's case worker
designated for shelter and utilities that is subject to adjustment by the indicating the amount of assistance provided
welfare assistance agency in accordance with the actual cost of and the nature of the assistance, including
shelter and utilities, the amount of welfare assistance income to be specific amounts designated for shelter or
included as income shall consist of: utilities.
• the amount of the allowance or grant exclusive of the amount
specifically designated for shelter or utilities; plus
• the maximum amount that the welfare assistance agency could in
fact allow the famiiy for shelter and utilities. If the family's welfare
assistance is reduced from the standard of need by applying a
percentage, the arnount calculated shall be the amount resulting from
one application of the percentage.
Periodic and determinable allowances, such as alimony and child
7. support payments, and regular contributions or gifts received from
organizations or from persons not residing in the dwelling.
A copy of the divorce decree 1 judgment listing
the amount, period, and duration of alimony
payments. A copy of the court order for child
support payments, including the amount,
period and duration of child support payments.
A letter from the individual or organization
outside of the household that provides a
periodic payment. The setter should include
the reason, amount, period and duration that
the payments are expected to continue.
All regular pay, special pay, and allowances of a member of the
a. Armed Forces (except as provided in Section 6914 - Income ( Three (3) months consecutive paystubs.
s Exclusions).
It is recommended that owners request the following documents with the program application or client intake
form:
Copy & the most recent filed and signed Federal Income Tax Rett rn with all schedules, attachments, W -2s, etc.
Three (3) months consecutive paystubs for all wage earners.
Three (3) months consecutive statements for all asset accounts (checking, savings, CDs, Annuities, trusts, stocks,
bonds, etc.)
Exhibit D
1030910.07/OC
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