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Item 23 - Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street)
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Item 23 - Density Bonus Agreement No. 2023-01: 4th and Grand (1212 E. Fourth Street)
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10/11/2023 4:17:12 PM
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Agenda Packet
Agency
Planning & Building
Item #
23
Date
10/17/2023
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deemed necessary. The waiting list will be maintained as an electronic file and available for audit <br />by the City of Santa Ana in accordance with resident selection procedures as set forth herein. <br />4.8.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer <br />shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification <br />Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) <br />occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility <br />requirements established for the Affordable Unit. Developer shall verify the income of the <br />tenant(s) as set forth herein. <br />4.9 Income Verification and Certification. <br />Developer shall make reasonable efforts to verify or cause to be verified that the income <br />and asset statement provided by an applicant in an income certification is accurate by taking, at a <br />minimum, at least one of the following steps as a part of the verification process: (1) obtain three <br />months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for <br />the most recent tax year, (3) obtain an income verification form from the applicant's current <br />employer, (4) obtain an income verification form from the Social Security Administration and/or <br />the California Department of Social Services if the applicant receives assistance from either of <br />such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another <br />form of independent verification. <br />4.9.1 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 />12-month period following the date of the determination of Gross Household Income. The <br />applicable sources of income are defined in California Code of Regulations Title 25 Housing and <br />Community Development Section 6914. <br />4.9.2 Annual Recertification. Developer agrees to recertify or cause to be <br />recertified household eligibility annually. Notification of Annual Tenant Recertification shall be <br />sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental <br />Housing Compliance Report ("Annual Compliance Report") shall be sent by Developer to the City <br />in substantially the form attached hereto as Exhibit D for City's review and approval. The Annual <br />Compliance Report shall be due to the City within thirty (30) days of the anniversary of the <br />commencement of the Total Affordability Term, which is the date that each building receives all <br />required occupancy permits from the City. <br />4.9.3 Continued Income Qualification and Vacated Affordable Units. If the <br />annual recertification demonstrates that a previously Eligible Household's gross household <br />income exceeds the allowed Median Income for the Affordable Unit, the Developer will <br />be considered in compliance with this agreement so long as one of the following pertinent <br />actions from the following list is taken: <br />(a) The Developer may offer to rent the unit to the previously, but no longer, <br />Eligible Household as an Unrestricted Unit without any limitations on rental <br />rates. In that case, the Developer must then make available for rent to an <br />10 <br />
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