Item 21 - Density Bonus Agreement No. 2022-03

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Developer shall be entitled to rely on the Income Verification Form and supporting documentation provided by purchasers unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the purchasers current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.10.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.11 Reserved. 4.12 Notice of Affordability Restrictions on Transfer of Property. In the event of the sale or resale of each Affordable Unit during the Total Affordability Term, the City, transferor, and the transferee, shall execute and deposit into escrow, to be recorded before or on closing, against the Affordable Unit, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit Q. The sale or transfer of the Property, shall not be effective unless and until the City, transferor, and the transferee, execute the documents necessary to transfer the Density Bonus Agreement obligations from the transferor to the transferee. 4.13 Reserved. 4.14 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the Project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the Project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the Project is eligible, the California Utility Allowance Calculator using best available information on the Project. To the extent financially feasible for the Project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.15 Reserved. 11