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<br />States Department of Housing and Urban Development pursuant to Section 8 of the United <br />States Housing Act of 1937, as amended, and as published by the State Department of Housing <br />and Community Development in the California Code of Regulations, Title 25, Section 6932 <br />pursuant to California Health and Safety Code Section 50093(c) (or successor provision). <br /> <br />(1) "Eligible Purchaser" means a household whose gross household income does <br />not exceed the designated income level for an Affordable Home, adjusted for household size. <br /> <br />(g) "Low-Income" means an annual household gross income that is greater than fifty <br />percent (50%) of Area Median Income, adjusted for household size, and does not exceed eighty <br />percent (80%) of the Area Median Income, adjusted for household size. <br /> <br />(h) "Moderate-Income" means an annual household gross income that is greater <br />than eighty percent (80%) of Area Median Income, adjusted for household size, and does not <br />exceed one hundred twenty percent (120%) of the Area Median Income, adjusted for household <br />SIze. <br /> <br />(i) "Monthly Owner-Occupied Housing Payment" means the annual amount <br />divided by twelve which is payable for principal and interest due on the homeowner's mortgage <br />and such other homeowners hip expenses required to be included in such calculation pursuant to <br />the underwriting standards associated with applicable sources of financing. <br /> <br />CD "Very Low-Income" means an annual household gross income of not greater <br />than fifty percent (50%) of Area Median Income, adjusted for household size. <br /> <br />5.2 Term of Affordability. Developer shall be responsible for determining that the <br />On-Site Affordable Homes are initially sold to Eligible Purchasers at the designated income <br />levels and shall require prospective purchasers to provide income certification documentation <br />satisfactory to City. Affordable rental homes developed in accordance with this Affordable <br />Housing Plan shall be subject to recorded covenants that restrict occupancy to eligible tenants <br />and restrict rent to affordable levels for a term of at least 55 years. Affordable for-sale homes <br />developed in accordance with this Affordable Housing Plan shall be subject to recorded <br />covenants that restrict the resale price of the home to affordable prices for a term of at least 45 <br />years unless a shorter period is permitted by applicable financing sources. Subject to <br />Developer's reasonable approval, City shall provide the form of rental and resale restrictions that <br />must be recorded, as applicable, against each On-Site Affordable Home. The Parties <br />acknowledge that the foregoing restrictions are intended to be consistent with the requirements <br />for satisfaction of redevelopment agency inclusionary housing production requirements and the <br />use of redevelopment agency housing set-aside funds pursuant to the CRL. <br /> <br />Section 6. <br /> <br />Location. <br /> <br />6.1 Location Preferences. The On-Site Affordable Homes may be located anywhere <br />within the Project. The off-site Affordable Homes may be located anywhere within the City. <br />Developer shall use commercially reasonable efforts to locate off-site Affordable Homes within <br />4000 linear feet of a Caltrain transit hub, a SamTrans bus stop, or another public transit node, <br />including a public or private shuttle service. The Parties acknowledge that (i) land costs are <br /> <br />ATTY/AGR/2008.013 Exhibit C <br />022708 <br /> <br />5 <br />