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Section 3.13 Taxes and Assessments. Prior to the Close of Escrow, the Donor shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Affordable Site; provided, however, that Donor shall have the right to contest in good faith any such taxes, assessments, or charges. In the event Donor exercises its right to contest any tax, assessment, or charge against it, Donor, on final determination of the proceeding or contest, shall immediately pay or ,discharge any decision or judgment rendered against it, together with all costs, charges, and interest. ARTICLE 4. PRELIMINARY REQUIREMENTS FOR THE AFFORDABLE DEVELOPMENT Section 4.1 Affordable Development Proiect Approvals. (a) The Qualified Designee shall be responsible for complying with the obligations and conditions set forth in the Affordable Development Project Approvals for development and operation of the Affordable Development, including to the extent required, site plan review, Architectural Permit, and lot line adjustment, tentative or final maps, subdivision and other improvement plans, and all other necessary entitlements related to the Affordable Development. (b) On the anniversary of the Close of Escrow, the Qualified Designee shall provide the City annual status reports outlining the Qualified Designees progress toward compliance with the Affordable Development Project Approvals, including the status of application for building permits for the Affordable Development, and information related to schedule for commencement of construction of the Affordable Development. (c) If the Qualified Designees has not complied with the Affordable Development Project Approvals, and has not been issued a building permit and commenced construction of the Affordable Development within five (5) years of the date of the Close of Escrow (the "Construction Commencement Period"), then the City shall have the right to enforce any of its rights Linder the Irrevocable Offer to Dedicate (which is required to be recorded as the Close of Escrow for the Land Donation). The Qualified Designee, may request to extend the Construction Commencement Period for up to two (2) additional years by submitting a written request to the City Manager not less than 90 days prior to the expiration of the Construction Commencement Period, explaining the nature of the proposed extension, along with the annual reports previously submitted, and a narrative on how the extension will meet the objectives of the Affordable Housing Plan. Any extension may be granted at the City Manager's sole and absolute discretion. Section 4.2 Development Plans and Specifications. (a) As used herein, "Project Plans" means plans for the design and construction of the Affordable Development on the Affordable Site, as provided in the plan set prepared by Eden Housing and dated .lune 27, 2024, on file with the City Affordable Development ATTY/AGR/2024.193.1—AFFORDABLE HOUSING LAND DONATION AGREEMENT REV: 10-22-24 VR Page 18 of 35