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Developer shall provide written notification informing the household that: it is over -
<br />occupancy; has been placed on a waiting list for up to one -hundred and eighty (180) days;
<br />the expiration date of the waiting list; and the terms for terminating the lease. A written
<br />status update will be provided to the household at one -hundred and twenty (120) days,
<br />ninety (90) days, sixty (60) days and thirty (30) days if applicable.
<br />4.6 Use of the Property. All uses conducted on the Property, including, without
<br />limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to
<br />all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and
<br />local laws, rules, and regulations. The Project shall at all times during the term of this Agreement
<br />be used as an apartment complex and none of the Affordable Units in the Project shall at any time
<br />be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel,
<br />motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium
<br />or rest home, or be converted to condominium ownership. All of the community facilities and any
<br />social programs provided to the Project's residents shall be available on an equal,
<br />nondiscriminatory basis to residents of all Units at the Project.
<br />4.7 Maintenance. Owner 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. Owner shall be fully and solely responsible for costs of maintenance, repair,
<br />addition and improvements. City, and any of its employees, agents, contractors or designees shall
<br />have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect
<br />the Project.
<br />4.8 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to
<br />Eligible Households selected by the Developer who meet all of the requirements provided herein.
<br />Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which
<br />approval shall not be unreasonably withheld, of a marketing program and resident selection plan
<br />for the leasing of the Affordable Units at the Project ("Marketing Program"). The City shall
<br />approve or deny the Marketing Program within ten (10) business days of submittal by the
<br />Developer. In the event Marketing Program is neither approved nor denied within said time period,
<br />the Marketing Program shall automatically be considered approved. The leasing of the Affordable
<br />Units shall thereafter be marketed in accordance with the Marketing Program as the same may be
<br />amended from time to time with City's prior written approval, which approval shall not
<br />unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with
<br />respect to the leasing of the Housing Units.
<br />4.8.1 The Marketing Program shall include, but is not limited to, marketing and
<br />community outreach activities, proposed tenant selection criteria, occupancy standards,
<br />income requirements, timeline and details for outreach and marketing, data collection,
<br />record keeping and monitoring, procedures for complaints, and compliance assessment.
<br />Components of the resident selection plan shall include, but are not limited to, the
<br />application process, interview procedure, apartment offer and assignment, rejected
<br />applications, and wait list management. All requirements set forth herein shall be
<br />incorporated in the Marketing Program.
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