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<br />12 <br />9138-126780\1517029.2 <br />4.9.2 Local preference for Santa Ana residents and workers in tenant selection for <br />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 leasing the <br />Affordable Units to households that live and/or work in the City of Santa Ana or who have an <br />active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any <br />other Public Housing Authority. <br /> <br />4.9.3 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer <br />shall require the tenant(s) or cause for the tenant(s) to be required to execute a written lease and to <br />complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit <br />B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and <br />otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall <br />verify the income of the tenant(s) as set forth herein. Developer and City shall be entitled to rely <br />on the Tenant Income Verification Form and supporting documentation provided by tenant(s) <br />unless Developer or City has knowledge of, or a reasonable basis for belief as to, the inaccuracy <br />or falsehood of any of the supporting documentation. <br /> <br />4.10 Income Verification and Certification. <br /> <br />Developer covenants to City that it will at all times abide by all specific compliance <br />standards set forth in the regulatory agreements entered into between the Developer and all public <br />funding sources. Developer will abide by all standards including but not limited to number of <br />extremely-low and very-low and low-income affordable units by number of bedrooms, standards <br />for qualifying household incomes and other qualifying criteria. Developer shall provide City with <br />a certified copy of each of the recorded regulatory agreements applicable to the Project. The <br />compliance standards set forth in said regulatory agreements are hereby incorporated by reference <br />as fully set forth herein. In the event of a conflict between this Agreement and the regulatory <br />agreements: (1) the more stringent requirement shall prevail if such interpretation eliminates the <br />relevant conflict; or (2) regulatory agreements, or any of them, shall prevail. <br /> <br />Developer shall be entitled to rely on the Tenant Income Verification Form and supporting <br />documentation provided by tenant(s) unless Developer has knowledge of, or a reasonable basis for <br />belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall <br />make reasonable efforts to verify or cause to be verified that the income and asset statement <br />provided by an applicant in an income certification is accurate by taking, at a minimum, at least <br />one of the following steps as a part of the verification process: (1) obtain three months consecutive <br />pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax <br />year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an <br />income verification form from the Social Security Administration and/or the California <br />Department of Social Services if the applicant receives assistance from either of such agencies, or <br />(5) if the applicant is unemployed and has no such tax return, obtain another form of independent <br />verification. <br /> <br />4.10.1 Gross Household Income. Gross household income means all income from <br />whatever source from all adult Household members, which is anticipated to be received during the <br />EXHIBIT 5