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employer, (5) obtain an income verification form from the Social Security Administration and/or <br />the California Department of Social Services if the applicant receives assistance from either of <br />such agencies, or (6) if the applicant is unemployed and has no such tax return, obtain another <br />form of independent verification. <br />D. Upon written request by Developer, City agrees to determine promptly the Initial <br />Rental Schedule based upon the terms of this Agreement and advise Developer of the Initial <br />Rental Schedule within thirty (30) days of the issuance of the occupancy permit. <br />E. Once established, the Initial Rental Schedule shall be adjusted periodically <br />thereafter by an amount equal to the Annual Adjustment Factor ("AAF") published by HUD as <br />applicable to the Santa Ana, California area for existing rental housing programs pursuant to <br />Section 8 of the United States Housing Act of 1937, as amended, or, in the event the Section 8 <br />Program or the AAF published therefore by HUD is terminated or discontinued, the Initial <br />Rental Schedule shall be adjusted periodically by such other annual adjustment factor approved <br />by the Santa Ana Housing Authority based upon annual adjustment factors for any comparable <br />or successor public assisted housing program. <br />F. Developer agrees to accept as tenants on the same basis as all other prospective <br />tenants, very low, low or moderate income tenants who are recipients of federal certificates for <br />rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act <br />of 1937 or its successor, and shall not apply selective criteria to Section 8 certificate holders that <br />are more burdensome than the criteria applied to all other prospective tenants. <br />G. With regard to the Affordable Rental Units and to the extent permitted by law, <br />Developer agrees to give priority and offer a right of first refiisal to the Santa Ana Housing <br />Authority in the processing of applications for very low, low or moderate income tenants to <br />persons who are referred by the Santa Ana Housing Authority. In the event the Santa Ana <br />Housing Authority cannot provide qualified tenants to Developer within seven (7) days <br />following written notification to the Santa Ana Housing Authority by Developer of a vacancy or <br />pending vacancy in the Project to be filled by low or moderate income tenants so as to meet the <br />requirements of this Agreement, then such vacant unit or pending vacant unit may be rented by <br />Developer to any other low or moderate income tenants in accordance with the requirements <br />otherwise provided herein for such tenants. For purposes of this paragraph, written notification <br />may be made by email, facsimile or another means acceptable to the Santa Ana Housing <br />Authority. <br />H. The affordable units in the Project shall be comparable in bedroom mix and <br />amenities to any market -rate units in the Project and shall be dispersed throughout the Project. <br />There shall be, at all times during the term of this Density Bonus Agreement, Ninety -One (91) <br />studio apartments; Two Hundred Sixty Two (262) one bedroom units; and Sixty -Five (65) two <br />bedroom units, available as affordable units. <br />I. Developer agrees that all of the units will be available to senior citizens <br />or qualifying residents as defined under California Civil Code section 51.3. <br />-5- <br />60E-9 <br />