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C. The Agreement provides, among other things, for the use of the Property for <br />affordable housing with the Assisted Units being restricted to being rented to Extremely Low Income <br />and Very Low Income households. <br />D. The Agreement contains certain provisions relating to the use, operation, <br />management and maintenance of the Property. <br />NOW, THEREFORE, CITY, AUTHORITY, SUCCESSOR AGENCY, AND VISTA DEL <br />RIO COVENANT AND AGREE AS FOLLOWS: <br />1. COVENANT TO OPERATE AFFORDABLE HOUSING <br />Vista Del Rio covenants and agrees (for itself, its successors, its assigns, and every successor <br />in interest to the Property or any part thereof) that Vista Del Rio, such successors, and such assigns <br />shall use the Property exclusively to provide affordable housing for Extremely Low Income and Very <br />Low Income households, as provided in these Restrictions, the Agreement, and the DDA. The terms, <br />provisions, and covenants set forth in the Agreement and the DDA are hereby incorporated herein by <br />this reference as if set forth in full herein. <br />2. RESERVED. <br />3. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF THE <br />PROPERTY <br />3.1 Use Covenants and Restrictions. <br />a. Vista Del Rio agrees and covenants, which covenants shall run with the land <br />and bind Vista Del Rio, its successors, its assign and every successor in interest to the Property that <br />Vista Del Rio will make all Assisted Units on the Property available solely to Extremely Low <br />Income and Very Low Income households at Affordable Rents. The HOME Regulations applicable <br />to the eleven (11) HOME Units shall be enforced during the entire HOME Compliance Period <br />(defined in the Agreement). Upon expiration of the HOME Compliance Period, the City, Authority, <br />and Successor Agency will enforce affordability of said Assisted Units with the same income and <br />rent restrictions as the other Assisted Units, pursuant to the requirements of Section 50052.5 of the <br />Health and Safety Code and the CRL. Vista Del Rio further covenants and agrees that the Property <br />shall be developed, operated, managed and maintained in accordance with Specific Development No. <br />83; Amendment Application 08 -11, as approved by the City of Santa Ana Planning and Building <br />Agency and by the Santa Ana City Council pursuant to Ordinance No. NS -2790 of the City of Santa <br />Ana, adopted August 3, 2009. <br />b. The Project shall consist of forty (40) income restricted Assisted Units (and <br />one unrestricted manager's unit). There shall be eleven (11) HOME Units. The eleven HOME Units <br />will be fixed units and shall be distributed throughout the complex with comparable amenities to the <br />other Assisted Units. <br />C. At initial lease up, all households selected to rent and occupy the HOME <br />Units shall be Extremely Low and /or Very Low Income households and all households selected to <br />rent and occupy the remaining Assisted Units shall be Extremely Low Income and Very Low Income <br />B -6 <br />DOC SOC/ 1475221 v 10/200272 -0004 <br />