HABITAT FOR HUMANITY OF ORANGE COUNTY (5)

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EXHIBIT D two-car garage with direct access to each unit (residents shall be required to park vehicles in the garages and not use garages only for storage). The Project must also provide short-term overflow/guest parking spots as follows: two (2) standards parking spots and one (1) accessible parking spot. 2.5 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3, and the parking requirements set forth in section 2.4, above fully satisfies any duty City may have under the City Density Bonus Ordinance, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus Ordinance and the Density Bonus Law applicable to the Project. 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than six (6) Affordable Units, restricted for homeownership opportunities to Low Income Households, pursuant to the terms and conditions of this Agreement. Each Affordable Unit shall be consistent with all City approvals, and meet the following requirements: 2.6.1 Each unit shall have three (3) bedrooms and a minimum of two (2) bathrooms; 2.6.2 Each unit shall have a private two-car garage with direct access to the interior living space; 2.6.3 The interior living space of each unit shall range from a minimum of 1,100 square feet to 1,430 square feet; 2.6.4 Each unit shall have a private yard; and, 2.6.5 One unit shall be constructed as an accessible unit with mobility and communication features in compliance with the California Building Code. 2.7 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 9 55394.00101\42405923.1