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r <br /> 4.3 Location of Affordable Units. During the Density Bonus Housing Agreement <br /> Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms <br /> and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among <br /> all one-hundred and seventy-one (171) apartment Units in the Project. The units shall be evenly <br /> distributed among all levels of the project in the one building that comprises the Project. The <br /> location of the first nineteen(19) Affordable Units to be occupied is attached herewith as Exhibit <br /> G and incorporated herein by reference. Any future changes in the distribution of the Affordable <br /> Units requires prior written approval from the City Housing Division. <br /> 4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable <br /> Unit shall not exceed the occupancy permitted pursuant to Health and Safety Code section <br /> 50052.5(h). In the event that a household residing in an Affordable Unit exceeds the permitted <br /> number of persons, then that household shall be placed on a waiting list for the appropriate-sized. <br /> unit and be eligible for transfer when an appropriate-sized unit becomes available. The household <br /> will be placed on the waiting list for up to one-hundred and eighty (180) days. If an appropriate- <br /> sized unit does not become available during the 180 days, the Developer will have grounds to <br /> terminate that household's lease. If the household refuses to transfer to an appropriate-sized unit <br /> then the Developer will also have grounds to terminate that household's lease. <br /> 4.4.1 Written Notification. Developer shall provide written notification <br /> informing the household that: it is over-occupancy; has been placed on a waiting list for up <br /> to one-hundred and eighty(180) days; the expiration date of the waiting list; and the terms <br /> for terminating the lease. A written status update will be provided to the household at one- <br /> hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if <br /> applicable. <br /> 4.5 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 /> 4.6 Maintenance. Developer 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. Developer shall be fully and solely responsible for costs of maintenance, <br /> repair,addition and improvements.City,and any of its employees,agents,contractors or designees <br /> shall have the right to enter upon the Property at reasonable times and in a reasonable manner to <br /> inspect the Project. <br /> 4.7 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to <br /> Eligible Households selected by Developer who meet all of the requirements provided herein. <br /> 9 <br />