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Developer shall give preference in leasing units to households that live and/or work in the City of <br />Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the <br />City of Santa Ana or any other Public Housing Authority. <br />4.9.3 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer <br />shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification <br />Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) <br />occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility <br />requirements established for the Affordable Unit. Developer shall verify the income of the <br />tenant(s) as set forth herein. <br />4.10 Income Verification and Certification. Owner covenants to City that it will at all <br />times abide by all specific compliance standards set forth in the regulatory agreements entered into <br />between the Owner and the California Tax Credit Allocation Committee (CTCAC) and the <br />California Debt Limit Allocation Committee (CDLAC), including but not limited to such standards <br />as relate to the number of very -low and low income affordable units by number of bedrooms, <br />standards for qualifying household incomes and other qualifying criteria. Owner shall provide <br />City with a certified copy of each of the recorded Regulatory Agreements applicable to the Project. <br />The compliance standards set forth in said Regulatory Agreements are hereby incorporated by <br />reference as fully set forth herein. In the event of a conflict between this Agreement and the <br />Regulatory Agreements: (1) the more stringent requirement shall prevail if such interpretation <br />eliminates the relevant conflict; or (2) the Regulatory Agreements, or any of them, shall prevail. <br />Developer agrees to make a good faith effort to verify that the income and asset statement <br />provided by an applicant in an income certification is accurate by taking at least one of the <br />following steps as a part of the verification process: (1) obtain three months consecutive pay stubs <br />for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) <br />obtain an income verification form from the applicant's current employer, (4) obtain an income <br />verification form from the Social Security Administration and/or the California Department of <br />Social Services if the applicant receives assistance from either of such agencies, or (5) if the <br />applicant is tmemployed and has no such tax return, obtain another form of independent <br />verification. <br />4.11 Monitoring and Recordkeening. Throughout the Term of this Agreement, <br />Developer shall annually complete and submit to City a Certification of Continuing Program <br />Compliance in the form provided by City. Owner agrees to pay a reasonable fee, as set by City <br />resolution, for the purpose of paying the actual costs associated with the City's obligation to <br />monitor Owner's compliance with the affordability restrictions contained in this Agreement related <br />to the Density Bonus units, not to exceed monitoring costs for up to 82 units. The City shall first <br />start with the review of all reports and monitoring prepared by Owner for the California Tax Credit <br />Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) <br />each year. Representatives of City shall be entitled to enter the Property if necessary after review <br />of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with <br />this Agreement, and shall be entitled to inspect the records of the Project and to conduct an <br />independent audit or inspection of such records at the Property, or, if unavailable at the Property, <br />at a location within the City that is reasonably acceptable to the City. Developer agrees to <br />12 <br />