|
compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the
<br />continued supply of Affordable Units in the Project, except as expressly set forth in this
<br />Agreement.
<br />4.2 Rental of Units. Upon the completion of construction of the Project and receipt
<br />by Developer of all required permits for the occupancy of the Units, Developer shall rent or
<br />cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable
<br />Unit in accordance with the terms and conditions set forth in this Agreement, which provide
<br />among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to
<br />an Eligible Household for the Total Affordability Term,
<br />4.3 Location of Affordable Units. During the Density Bonus Housing Agreement
<br />Term, the Affordable Units shall be dispersed throughout the Project in accordance with the
<br />terms and conditions set forth in this Agreement.
<br />4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable
<br />Unit shall not exceed the occupancy permitted pursuant to Health and Safety Code section
<br />50052.5(h).
<br />4.5 Use of the Property. All uses conducted on the Property by Developer, including,
<br />without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall
<br />conform to all applicable provisions of the Santa Ana Municipal Code and other applicable
<br />federal, state, and local laws, rules, and regulations. The Project shall at all times during the term
<br />of this Agreement be used as a rental supportive housing complex and none of the Affordable
<br />Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel,
<br />dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest
<br />home, or be converted to condominium ownership. All of the community facilities and any
<br />social programs provided to the Project's residents shall be available on an equal,
<br />nondiscriminatory basis to residents of all Units at the Project.
<br />4.6 Maintenance. Developer shall, at all times during the term of this Agreement,
<br />cause the Property and the Project to be maintained in a decent, safe and sanitary manner,
<br />regardless of cause of the disrepair, to the extent commercially reasonable. City, and any of its
<br />employees, agents, contractors or designees shall have the right to enter upon the Property at
<br />reasonable times and in a reasonable manner to inspect the Project. If at any time Developer fails
<br />to maintain the Project or the Property in accordance with this Agreement and such condition is
<br />not corrected within seven (7) days after written notice from City with respect to debris and
<br />waste material, or within thirty (30) days after written notice from City with respect to general
<br />maintenance, landscaping and building improvements, unless Developer has initiated corrections
<br />and City has agreed to a reasonable amount of time to complete corrections, then City, in
<br />addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the
<br />applicable portion of the Project or the Property and perform all acts and work necessary to
<br />protect, maintain, and preserve the Project and the Property, and to attach a lien upon the
<br />Property, or to assess the Property, in the amount of the expenditures arising from such acts and
<br />work of protection, maintenance, and preservation by City and/or costs of such cure, including a
<br />9
<br />9138-126780\1517029.2
<br />
|