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Item 24 - Agreement No. 2025-01 - MLC Holdings
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Item 24 - Agreement No. 2025-01 - MLC Holdings
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4/14/2025 9:53:01 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
24
Date
4/15/2025
Destruction Year
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DRAFT <br />reasonable times and in a reasonable manner to inspect the Project, after providing notice as <br />follows: (i) at least a 24-hour notice to Developer and Homebuyer of the Affordable Unit which <br />will be inspected, or (ii) at least 48 hours' notice to Developer, which shall promptly give notice <br />to Owners of the Affordable Unit to be inspected. <br />4.6 Preparation and Recordation of Transfer Documents. Developer shall prepare <br />and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or <br />delayed, of the Affordable Housing Resale Restrictions, the City Promissory Note, the City Deed <br />of Trust, and the Notice of Affordability Restrictions, for each Affordable Unit to Eligible <br />Households required by Section 3 of this Agreement. Developer shall not sell an Affordable Unit <br />unless and until the City has reviewed and approved the Homebuyer as an Eligible Household for <br />the purchase of the Affordable Unit, and the Homebuyer has executed and submitted to the <br />Program Director, in recordable form, the Affordable Housing Resale Restrictions, the City Deed <br />of Trust, and the Notice of Affordability Restrictions, and the approved financing for the <br />Homebuyer, including the executed City Promissory Note. <br />4.7 Selection of Homebuyers. <br />4.7.1 Developer shall be responsible for the selection of Homebuyers for the <br />Affordable Units in compliance with lawful and reasonable criteria and the requirements of this <br />Agreement. <br />4.7.2 In selecting Homebuyers for the Affordable Units, Developer shall apply a <br />preference for Santa Ana residents and workers. Subject to applicable laws and regulations <br />governing nondiscrimination and preferences in housing occupancy required by the State of <br />California, the Developer shall give preference in transferring the Affordable Units to households <br />that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher <br />issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. <br />4.7.3 All applicants for Affordable Units will be screened and "lotterized." A <br />waiting list will be created from a lottery generated from the initial pool of rental applications. <br />The waiting list will track applicant name and contact information, lottery number (or designated <br />number after the initial lottery), household income, household size, status of application, and any <br />other information deemed necessary. The waiting list will be maintained as an electronic file and <br />available for audit by the City of Santa Ana in accordance with resident selection procedures as <br />set forth herein. <br />4.7.4 Prior to the sale of an Affordable Unit, Developer shall require the <br />Homebuyer to execute a written purchase sale agreement substantially similar to the Form PSA, <br />and a written certification from the Homebuyer verifying compliance with the requirements for an <br />Eligible Household and all other eligibility requirements established for the Affordable Unit. <br />Developer shall verify the income of the Homebuyer as set forth herein. <br />4.8 Income Verification and Certification. Developer shall verify income of <br />prospective Homebuyers and certify the verification to the City. In evaluating prospective <br />Homebuyers, Developer shall consider the following sources of income in order of preference: (i) <br />employment income; (ii) business income; (iii) income from Social Security, Supplemental <br />Page 14 <br />55394.00101 \43423340.1 <br />
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