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3. Maximum Sales Price. Developer covenants and agrees that the <br />Affordable Unit shall be sold at no more than the Affordable Housing Cost to a Low Income <br />Household. <br />4. Selection of Buyer. Developer shall be responsible for the selection of <br />buyer for the Affordable Unit in compliance with the criteria set forth in paragraph 5 of this <br />Agreement. Developer shall develop a plan for the marketing of the homes and the selection of <br />buyers of the Affordable Unit, consistent with California housing law. Such marketing plan shall <br />be submitted to the City for its reasonable approval, and Developer shall carry out the marketing <br />in accordance with such approved plan. Developer covenants and agrees that no sales of <br />Affordable Unit shall be made to any person or family related, within the fourth (4th) degree of <br />consanguinity; to Developer or to any member, shareholder or partner of Developer, or anyone <br />related by blood or marriage to any such shareholder or partner; provided, however, that the <br />foregoing shall not prevent the sale of the Affordable Unit to an employee of Developer who is <br />otherwise unrelated to any member, shareholder or partner of the Developer provided such <br />employee otherwise meets the requirements set forth in this Agreement for the sale of the <br />Affordable Unit. <br />5. Income of Buyers. <br />Developer shall, upon execution of this Agreement, prepare and submit to the <br />City for review and approval, which shall not be unreasonably withheld, a marketing plan for <br />prospective buyers of the Affordable Unit. Based upon the marketing plan, Developer shall <br />prepare and keep a written list of prospective buyers for the Affordable Unit. <br />No later than ninety (90) days before the Affordable Unit is ready for occupancy, <br />Developer shall contact all persons or families on the list and ask each to submit a income <br />computation and certification form; provided, however, that City and Developer shall cooperate <br />to determine terns and conditions under which buyers may pre - qualify to purchase an <br />Affordable Unit. <br />As early as practicable, but at least sixty (60) days prior to the sale of the <br />Affordable Unit, the Developer shall submit to City a. completed income computation and <br />certification form signed by the prospective buyer under penalty of perjury, in such fonn as may <br />be provided by City for each prospective buyer, together with all information it has reviewed and <br />considered in its selection process (the "Notice of Intended Sale "). City shall have ten (10) <br />working days to approve or reject the Notice of Intended Sale. City's decision shall be final. <br />For each buyer approved by the City, Developer shall use its best efforts to <br />provide and cause, a true and correct copy of the complete lender's package shall be submitted to <br />the City at the time of submission to the prospective lender, for City confirmation of income <br />status. The lender's package submitted to the City shall be a true and correct copy of the <br />complete package submitted by the unit's buyer to the prospective lender, City shall complete its <br />review of the complete lender's package within fourteen (14) working days. <br />Developer shall and hereby does covenant that no sale shall be made of the <br />Affordable Unit unless and until the City has issued a certificate approving that the proposed <br />buyer qualifies as a Low Income Household. In the event a sale is made in violation of the terms <br />of this Agreement or false or misleading statements are made in any documents submitted to the <br />City, the City shall have the right to file an appropriate action at law or in equity unless <br />Developer substitutes another otherwise qualifying unit as the Affordable Unit. In the event that <br />32A -30 <br />