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TOLL WEST COAST, LLC
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Last modified
6/20/2024 10:03:11 AM
Creation date
5/8/2024 10:50:22 AM
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Contracts
Company Name
TOLL WEST COAST, LLC
Contract #
A-2022-238
Agency
Community Development
Council Approval Date
12/6/2022
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reasonable efforts to correct such deficiencies. In the event that such deficiencies have not been <br />cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless <br />actions to commence a cure are taken within 30 days and continued thereafter with diligence, City <br />shall have the right to require the Developer and/or homeowners association, as applicable, to <br />immediately remove and replace the Property Manager with another property manager or property <br />management company which is reasonably acceptable to the City Manager, which is not related to <br />or affiliated with Developer, and which has not less than five (5) years' experience in property <br />management, including significant experience managing housing facilities of the size, quality and <br />scope of the Project. The Developer and/or homeowners association, as applicable, shall give City <br />notice of the proposed replacement Property Manager. Such proposed replacement Property <br />Manager shall be subject to the City's approval (with such approval not to be unreasonably <br />withheld, conditioned or delayed). <br />4.8 Reserved. <br />4.9 Selection of Purchasers. <br />4.9.1 Developer shall review the selection of purchasers for the Affordable Units <br />in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each <br />Affordable Unit shall be sold to Eligible Households. <br />4.9.2 Local preference for Santa Ana residents and workers in purchase selection <br />for 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 selling the <br />Affordable Units to households that live and/or work in the City of Santa Ana. <br />4.9.3 Prior to the sale of an Affordable Unit, Developer shall require the purchaser <br />or cause for the purchaser to be required to complete an Income Verification Form (in substantially <br />the form attached hereto as Exhibit B) certifying that the purchaser buying the Affordable Unit is <br />an Eligible Household and otherwise meet(s) the eligibility requirements established for the <br />Affordable Unit. Developer shall verify the income of the purchaser as set forth herein. Developer <br />and City shall be entitled to rely on the Income Verification Form and supporting documentation <br />provided by purchaser unless Developer or City has knowledge of, or a reasonable basis for belief <br />as to, the inaccuracy or falsehood of any of the supporting documentation. <br />4.10 Income Verification and Certification. <br />Developer shall be entitled to rely on the Income Verification Form and supporting <br />documentation provided by purchasers unless Developer has knowledge of, or a reasonable basis <br />for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer <br />shall 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 purchasers current employer, (4) obtain an <br />NO <br />
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