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EXHIBIT D <br /> 4.6.2 Developer shall be responsible for the selection of Eligible Homebuyers for <br /> the Affordable Units in compliance with lawful and reasonable criteria and the requirements of <br /> this Agreement. Prior to marketing any Affordable Units, Developer shall submit to the City for <br /> review and approval a proposed form purchase and sale agreement ("Form PSA") to be used for <br /> transferring the Affordable Units to Homebuyers. The Form PSA must contain all disclosures <br /> required by the Administrative Procedures Manual, and copy of the Affordable Housing Resale <br /> Restrictions, the City Promissory Note and the City Deed of Trust. <br /> 4.6.3 Subject to applicable laws and regulations governing nondiscrimination and <br /> preferences in housing occupancy required by the State of California, the Developer shall give a <br /> local preference in selecting Homebuyers of the Affordable Units in the following order of priority: <br /> (a) First priority shall be given to persons who have been permanently <br /> displaced or who face permanent displacement from housing in the City as a result of any of the <br /> following: (i) for projects funded by the Low-Moderate Income Housing Asset Fund, a <br /> redevelopment project undertaken pursuant to California's Community Redevelopment Law <br /> (Health&Safety Code Sections 33000,et seq.);(ii)Ellis Act,owner-occupancy,or removal permit <br /> eviction; (iii) earthquake, fire, flood, or other natural disaster; (iv) cancellation of a Housing <br /> Choice Voucher HAP Contract by property owner; or (v) governmental action, such as Code <br /> Enforcement. <br /> (b) Second priority shall be given to persons who are either: (i)residents <br /> of Santa Ana, (ii)individuals working in the City at least thirty two(32)hours per work for at least <br /> six (6) months prior to the occupancy, (iii) persons who seek to reside in the City as an <br /> accommodation to a mental or physical disability, or (iv) households with students who attend <br /> public school in the City. <br /> 4.6.4 The initial Homebuyer for each Affordable Unit shall have provided at least <br /> five hundred(500)hours of sweat equity pursuant to a written program implemented by Developer, <br /> with written documentation of the requisite number of hours. <br /> 4.6.5 Developer shall select Homebuyers in accordance with their Homebuyer <br /> Selection Process, which shall be provided to City upon request. <br /> 4.6.6 If a prospective Homebuyer qualifies as an Eligible Household, as defined <br /> herein, the Homebuyer shall be required to execute the Developer's Form PSA for the purchase <br /> and sale of an Affordable Unit. The Developer shall seek and obtain all approvals required from <br /> the City pursuant to the Form PSA and the Administrative Procedures Manual, and shall provide <br /> the City with all documentation required pursuant to this Agreement and the Administrative <br /> Procedures Manual. The Developer must submit a copy of the executed Form PSA for the <br /> purchase and sale of the Affordable Unit. The Program Director shall have not less than thirty <br /> (30) days to review the agreement to verify the total purchase price and the Homebuyer down <br /> payment amount to determine whether the terms are consistent with the requirements of this <br /> Agreement. The City has approval rights over any material amendments to the Form PSA made <br /> after it has been reviewed and approved by the Program Director. <br /> 4.7 Income Verification and Certification. <br /> 14 <br /> 55394,00101\42405923.1 <br />