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shall remain binding and enforceable against the Property, the Project, and the Affordable Units
<br />to ensure compliance with the Conditional Grant Agreement, the State Density Bonus Law and
<br />City Density Bonus Ordinance, and to ensure the continued supply of Affordable Units in the
<br />Project, except as expressly set forth in this Agreement.
<br />4.1.2 Prior to the sale of an individual Affordable Unit to a Homebuyer,
<br />Developer shall cause each Eligible Household purchasing an Affordable Unit to sign the
<br />Affordable Housing Resale Restrictions and, as required by Section 3, the City Deed of Trust, as
<br />approved by the City pursuant to Section 4.5, below, and Developer shall record them or cause
<br />them to be recorded in the Official Records for Orange County, California.
<br />4.2 Occupancy Levels. Subject to state or federal laws and regulations, the number of
<br />persons permitted to occupy each three -bedroom Affordable Unit shall not exceed eight (8)
<br />occupants.
<br />4.3 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 federal,
<br />state, and local laws, rules, and regulations.
<br />4.4 Maintenance. Developer shall, at all times during the term of this Agreement, cause
<br />the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of
<br />cause of the disrepair. Developer and each Homebuyer shall be fully and solely responsible for
<br />costs of maintenance, repair, addition and improvements. City, and any of its employees, agents,
<br />contractors or designees shall have the right to enter upon the Property at reasonable times and in
<br />a reasonable manner to inspect the Project, after providing notice as follows: (i) at least a 24-hour
<br />notice to Developer and Tenants / Homebuyer of the Affordable Unit which will be inspected, or
<br />(ii) at least 48 hours' notice to Developer, which shall promptly give notice to Tenants / Owners
<br />of the Affordable Unit to be inspected.
<br />4.5 Preparation and Recordation of Transfer Documents. Developer shall prepare and
<br />obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed,
<br />of the City Loan Documents for each Affordable Unit to Eligible Households required by Section
<br />3.5 of this Agreement. Developer shall not sell an Affordable Unit unless and until the City has
<br />reviewed and approved the Homebuyer as an Eligible Household for the purchase of the
<br />Affordable Unit, and the Homebuyer has executed and submitted to the Program Director, in
<br />recordable form, the Homebuyer Loan Agreement, the Affordable Housing Resale Restrictions,
<br />the City Promissory Note, the City Deed of Trust, the Notice of Affordability Restrictions, and the
<br />approved financing for the Homebuyer,
<br />4.6 Selection of Homebu,+�.
<br />4.6.1 The Developer shall, at its sole cost and expense, conduct all procedures
<br />and comply with all requirements as set forth in this Agreement and the Administrative Procedures
<br />Manual in selecting Eligible Homebuyers for each Affordable Unit. Specific procedures are set
<br />forth in Attachment C in the Administrative Procedures Manual.
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