32A - DENSITY BONUS EDWARD PADILLA JR

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12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises which are the subject of this Agreement, nor shall the grantee or any person claiming under or through him or her, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the land." "Notwithstanding the immediately preceding paragraph, with respect to familial status, the immediately preceding paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the immediately preceding paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the immediately preceding paragraph." d. The foregoing covenants shall, without regard to technical classification and designation, be binding for the benefit and in favor of Agency, its successors and assigns, any occupants of the Affordable Unit, and any successor in interest to the Affordable Unit. The covenants against discrimination shall remain in effect in perpetuity. In no event shall anything in this paragraph 6 be construed as authority to lease the Affordable Unit. 7. Notice of Resale Restrictions and Declaration of Conditions, Covenants and Restrictions. a. The parties agree and acknowledge that Attachment No. 3 to this Agreement shall be executed by Owner and recorded prior to City approval of the final map for this Project. b. The parties agree and acknowledge that Attachment No. 3 to this Agreement is intended and shall be interpreted to restrict the use of the unit to owner-occupancy, and shall restrict subsequent resales of the Affordable Unit to Low Income Households, at an Affordable Housing Cost, who agree to occupy the Affordable Unit as their principal place of residency; and that this restriction shall continue to apply to each Affordable Unit until the forty- fifth (45th) anniversary of the issuance of a Certificate of Occupancy by Santa Ana for the Affordable Unit. C. The parties further agree and acknowledge that this Agreement is intended and shall be interpreted to provide that, for purposes of this Agreement, an individual or family who qualifies as a Low Income Household at the time he or she or they first takes title to the Affordable Unit shall be deemed a Low Income Household so long as he or she or they continue to hold title to such Affordable Unit even though the Low Income Household subsequently ceases to meet the income or other requirements of a Low Income Household; and that when the owner of an Affordable Unit releases title to an Affordable Unit, such unit shall be deemed as occupied by a Low Income Household if it is held vacant and available for such occupancy until title is transferred to another Low Income Household pursuant to this Agreement. 8. Reserved. 9. Indemnity. 6 32A-33