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method described in the income certificate and for whom an income certification has been <br />obtained or prepared in accordance with the provisions of this Agreement, as adjusted by HUD <br />from time to time. <br />II. <br />CONDITIONS TO AGREEMENT <br />A. This Agreement is conditional upon City approval of development plans for the <br />Project which provide for not less than five (5) total dwelling units in the Project consisting of <br />two 2-bedroom and three 3-bedroom units, and upon completion of the Project in accordance <br />with such approved plans by Developer. Nothing in this Agreement obligates City to grant such <br />approval or Developer to develop the Project. <br />B. The density bonus provided by this Agreement is conditional upon Developer and <br />any successor-in-interest of Developer in the Property being subject to the covenants set forth in <br />this Agreement as running with the Property. If Developer conveys the Property prior to <br />recordation of this Agreement in the official Records of Orange County, no building permit or <br />certificate of occupancy for the Project which would allow for development or occupancy of <br />more dwelling units than specified in Recital No. 2 of the Agreement shall be issued, unless the <br />successor-in-interest of Developer of the Property executes a document suitable for recordation <br />in the Official Records of Orange County binding such successor-in-interest to the terms and <br />conditions of this Agreement. <br />C. Except as set forth expressly herein, Developer shall carry out the design and <br />construction of the Project in conformity with all applicable laws, including all applicable state <br />labor standards, the City zoning and development standards, building, plumbing, mechanical and <br />electrical codes, and all other provisions of the City of Santa Ana Municipal Code, all applicable <br />disabled and handicapped access requirements, including the Americans With Disabilities Act <br />(42 U.S.C. Section 12101, et seq.) and Government Code Section 4450, et seq. <br />III. <br />AFFORDABLE RENTAL UNIT COVENANT <br />A. Developer covenants that no less than five (5) dwelling unit(s) in the Project, or at <br />least 100% of the units in the Project shall at all times during the Tenant Rental Period be rented <br />to, or held vacant and available for immediate occupancy by very low income households, as <br />defined in California Health & Safety Code section 50105, at a rent that does not exceed 30 <br />percent of 50 percent of the area median income, as adjusted for household size. <br />B. Developer agrees to make a good faith effort to verify that the income and asset <br />statement provided by an applicant in an income certification is accurate by taking at least one of <br />the following steps as a part of the verification process: (1) obtain a pay stub for the most recent <br />pay period, (2) obtain an income tax return for the most recent tax year, (3) conduct a TRW or <br />similar credit check, (4) obtain an income verification form from the applicant's current <br />employer, (5) obtain an income verification form from the Social Security Administration and/or <br />4 <br />39A-20