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<br /> 4.2 Recording of Documents; Priority,
<br /> 4.2.1 Prior to issuance of building;permits for the Project,Developer and the City
<br /> shall record or cause to be recorded in the Official Records for Orange County, California, an
<br /> executed original of this Agreement,and Developer shall deliver the proof of recording as required
<br /> by Section 4.2.3,below, City shall cooperate with Developer in promptly executing in recordable
<br /> form this Agreement, The date of recording; of the Agreement shall be,the Effective Date of the
<br /> Agreement, Upon the date of recording, the teens and conditions of this Agreement shall be
<br /> binding upon and run with the Property and Project for the Term of this Agreement. It is the
<br /> express intent and agreement between the Parties that this Agreement shall remain binding and
<br /> enforceable against the Property, the Project, and the Units to ensure compliance with the State
<br /> Density Bonus Law and City Density Bonus Law,and to ensure the continued supply of Affordable
<br /> Units in the Project, except as expressly set forth in this Agreement.
<br /> 4.2,2 The Agreement shall be recorded against the Property and have priority over
<br /> those spatters of public record,except as approved in writing by the City;provided,however,_prior
<br /> to issuance of a certificate of occupancy(or its equivalent)for the Project,the Parties may execute
<br /> an amendment to this Agreement or other appropriate instrument that ensures that the requirements
<br /> of this Agreement are properly recorded against each Affordable Unit and memorializes Owner's
<br /> obligation to provide the Affordable Units on a for-sale basis in accordance with this Agreement
<br /> and, upon the recording of such instrument as to the individual Affordable Units, the City may
<br /> determine, in its sole and absolute discretion,to a release of this Agreement to the Property as a
<br /> whole.
<br /> 4.2.3 Prior to issuance of building permits for the Project, Developer shall cause
<br /> to be provided to City a condition of title guarantee(or other evidence acceptable to the City)that
<br /> demonstrates this Agreement is senior to any other lien, deed of trust, mortgage,or other interest
<br /> in the Property or the Project, except those approved by the City in writing. The City shall have
<br /> not less than ten(10)days to determine,in its sole and absolute discretion,that this Agreement(or
<br /> an amended version of the Agreement restricting the Affordable Units)has senior rights; If City
<br /> disapproves the evidence provided by Developer, then Developer agrees and acknowledges that
<br /> City may withhold the building,permit unless and until Developer provides evidence satisfactory
<br /> to the City demonstrating priority of this Agreement or an amendment thereto.
<br /> 4.3 Occupancy Levels. Developer shall not apply or permit any occupancy
<br /> requirements that violate local, state or federal law during the development or sale of the Units
<br /> 4.4 Use of the Property. All uses conducted on the Property by Developer,
<br /> including, without limitation, all activities undertaken by the Developer pursuant to this
<br /> Agreement, shall conform to all applicable provisions of the Santa.Ana Municipal Code and other
<br /> applicable federal, state, and local laws,rules, and regulations.
<br /> 4.5 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. Developer and each Homebuyer shall be fully and solely
<br /> responsible for costs of maintenance, repair, addition and improvements. City, and any of its
<br /> employees, agents, contractors or designees shall have the right to enter upon the Property at
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