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(3) Agency assisted units continue to qualify as Affordable Housing despite a <br />temporary non-compliance caused by increases in the incomes of existing <br />tenants if actions satisfactory to the Agency are being taken to ensure that <br />all vacancies are filled in accordance with this section until the non- <br />compliance is corrected. <br /> <br />3.4 Construction and Maintenance of the Property: <br /> <br />A. Maintenance. Developer shall maintain the Property in accordance with the <br />Ground Lease. <br /> <br /> <br />B. Handicapped Accessibility. Developer shall comply with: (a) Section 504 of the <br />Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C; and (b) the Americans <br />with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to make <br />the Project readily accessible to and usable by individuals with disabilities. <br /> <br />D. Local Sourcing Plan. Developer agrees to make a good faith effort to encourage <br />contractors and suppliers to hire and procure locally to the extent that it is cost effective and does <br />not delay the overall Project development schedule. Prior to issuance of any Building Permit, <br />Developer shall develop and submit to the Agency a local sourcing plan for the Project targeting, <br />to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing <br />of goods locally within the City of Santa Ana. <br /> <br />E. Lead-Based Paint. Developer shall comply with the requirements, as applicable <br />of the Lead-Based Paint Poisoning Prevention Act. <br /> <br />F. Equal Opportunity and Fair Housing. Developer shall carry out the construction <br />and perform its obligations under this Agreement in compliance with all of the state and federal <br />laws and regulations regarding equal opportunity and fair housing. Developer must also follow <br />the requirements of California Health and Safety Code section 33435. <br /> <br />G. Property Standards. Developer shall cause the Property to meet all applicable <br />local, state and federal codes and ordinances, including zoning ordinances. Developer shall also <br />cause the Property to meet the current edition of the Model Energy Code published by the <br />Council of American Building Officials. <br /> <br />H. Alternative Transportation and Energy Source, Resource Conservation, and <br />LEED Certification. In recognition of the Agency’s desire to optimize the energy efficiency of <br />the Project, Developer agrees to consult with the Project design team, a CABEC certified 2016 <br />Certified Energy Analyst, a LEED AP Homes (low-rise and mid-rise), LEED AP BD+C (high <br />rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one <br />person may meet both of these latter qualifications) early in the Project design process to <br />evaluate a building energy model analysis and identify and consider energy efficiency or <br />generation measures beyond those required by HUD minimum construction standards. <br /> <br />EXHIBIT 4