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the "Tenant Criteria" and "Final Determination of Qualification" provisions <br />set forth in the Inclusionary Housing Plan. The City shall monitor program <br />compliance on an ongoing basis. <br />I -A. Sale as Ownership Units. This Inclusionary Housing Agreement shall <br />not preclude Property Owner from selling the Project's individual units <br />during the Affordability Period. Before selling any individual unit within the <br />Project, Property Owner shall provide the City with ninety (90) days' notice <br />of its intent to sell the units individually and the City and Property Owner <br />shall enter into a revised Inclusionary Housing Agreement and a revised <br />Inclusionary Housing Plan which shall comply with the Applicable <br />Provisions addressing units for sale and comply with those provisions of <br />the then - effective Affordable Housing Administrative Procedures <br />pertaining to units for sale. in that case, the Affordability Period in effect <br />for the rental units under Section 41- 1906(d)(1) shall be credited toward a <br />modified period of affordability consistent with the period of affordability for <br />units for sale under Section 41- 1906(c)(1) of the Ordinance. Further, the <br />number, leeatiorfi and — bedroom coFunts —set forth -� the 7 vt ual Unl s <br />shall not change in a new "for sale" Inc[usionary Housing Agreement <br />without Property Owner's consent. <br />11. Affordability Covenants <br />1. The Property Owner covenants and agrees that ten (10) of the units to be <br />developed on the Property shall be Inclusionary Units rented to Eligible <br />Tenants at the Affordable Rent throughout the Affordability Period. This <br />covenant and agreement shall be binding on the successors and assigns. <br />of the Property Owner. <br />2. The Inclusionary Units shall be reasonably dispersed throughout the first <br />four floors of the Project subject to the provisions and limitations set forth <br />in the Inclusionary Housing Plan. Those provisions include the following: <br />"Reasonable Dispersal. The Inclusionary Units to be developed on the <br />Property shall be reasonably dispersed throughout the first four floors of <br />the Project. The Inclusionary Units will not include any "townhouse" units <br />located within the Project. Initially, the first Inclusionary Units to be <br />occupied will occur at the locations identified on Exhibit A to this Housing <br />Plan (the "First Ten Inclusionary Units ") as soon as possible after those <br />units are constructed and ready for occupancy. Going forward after the <br />Inclusionary Housing Agreement —Rental Project Page 13 <br />City of Santa Ana 19H-1 5 September 18, 2014 <br />