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<br />9138-126780\1517029.2
<br />of this Agreement shall be binding upon and run with the Property and the Project. It is the express
<br />intent and agreement between the Parties that this Agreement shall remain binding and enforceable
<br />against the Property, the Project, and the Units to ensure compliance with the State Density Bonus
<br />Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the
<br />Project, except as expressly set forth in this Agreement.
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<br />4.2 Rental of Units. Upon the completion of construction of the Project and receipt by
<br />Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to
<br />be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in
<br />accordance with the terms and conditions set forth in this Agreement, which provide among other
<br />terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible
<br />Household for the Total Affordability Term.
<br />
<br />4.3 Location of Affordable Units. During the Density Bonus Housing Agreement
<br />Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms
<br />and conditions set forth in this Agreement.
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<br />4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable
<br />Unit shall not exceed two persons.
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<br />4.5 Use of the Property. All uses conducted on the Property by Developer, including,
<br />without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall
<br />conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal,
<br />state, and local laws, rules, and regulations. The Project shall at all times during the term of this
<br />Agreement be used as a rental supportive housing complex and none of the Affordable Units in
<br />the Project, nor shall the Property or an y portion thereof, ever be used as a hotel, motel, dormitory,
<br />fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be
<br />converted to condominium ownership. All of the community facilities and any social programs
<br />provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to
<br />residents of all Units at the Project.
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<br />4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause
<br />the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of
<br />cause of the disrepair, to the extent commercially reasonable. City, and any of its employees,
<br />agents, contractors or designees shall have the right to enter upon the Property at reasonable times
<br />following not less than -forty-eight (48) hours’ prior written notice and in a reasonable manner to
<br />inspect the Project. If at any time Developer fails to maintain the Project or the Property in
<br />accordance with this Agreement and such condition is not corrected within seven (7) days after
<br />written notice from City with respect to debris and waste material, or within thirty (30) days after
<br />written notice from City with respect to general maintenance, landscaping and building
<br />improvements, unless Developer has initiated corrections and City has agreed to a reasonable
<br />amount of time to complete corrections, then City, in addition to whatever remedy it may have at
<br />law or at equity, shall have the right to enter upon the applicable portion of the Project or the
<br />Property and perform all acts and work necessary to protect, maintain, and preserve the Project
<br />and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount
<br />of the expenditures arising from such acts and work of protection, maintenance, and preservation
<br />EXHIBIT 5
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