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management of the Property shall be in compliance with the Management Plan as approved by <br />City. <br />If City determines that the performance of the Property Manager is deficient based upon <br />the standards set forth in the approved Management Plan and in this Agreement, City shall provide <br />written notice to the Developer and/or homeowners association, as applicable, of such deficiencies <br />and the Developer and/or homeowners association, as applicable, shall use commercially <br />reasonable efforts to correct such deficiencies. In the event that such deficiencies have not been <br />cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless <br />actions to commence a cure are taken within 30 days and continued thereafter with diligence, City <br />shall have the right to require the Developer and/or homeowners association, as applicable, to <br />immediately remove and replace the Property Manager with another property manager or property <br />management company which is reasonably acceptable to the City Manager, which is not related to <br />or affiliated with Developer, and which has not less than five (5) years' experience in property <br />management, including significant experience managing housing facilities of the size, quality and <br />scope of the Project. The Developer and/or homeowners association, as applicable, shall give City <br />notice of the proposed replacement Property Manager. Such proposed replacement Property <br />Manager shall be subject to the City's approval (with such approval not to be unreasonably <br />withheld, conditioned or delayed). <br />4.8 Reserved. <br />4.9 Selection of Purchasers. <br />4.9.1 Developer shall review the selection of purchasers for the Affordable Units <br />in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each <br />Affordable Unit shall be sold to Eligible Households. <br />4.9.2 Local preference for Santa Ana residents and workers in purchase selection <br />for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and <br />regulations governing nondiscrimination and preferences in housing occupancy required by the <br />State of California, the Developer shall give preference or cause for the preference in selling the <br />Affordable Units to households that live and/or work in the City of Santa Ana. <br />4.9.3 Prior to the sale of an Affordable Unit, Developer shall require the purchaser <br />or cause for the purchaser to be required to complete an Income Verification Form (in substantially <br />the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is <br />an Eligible Household and otherwise meet(s) the eligibility requirements established for the <br />Affordable Unit. Developer shall verify the income of the purchaser as set forth herein. Developer <br />and City shall be entitled to rely on the Income Verification Form and supporting documentation <br />provided by purchaser unless Developer or City has knowledge of, or a reasonable basis for belief <br />as to, the inaccuracy or falsehood of any of the supporting documentation. <br />4.10 Income Verification and Certification. <br />10 <br />