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ATTY/RESO.0052/ CC RESO APPROVING SUBSTITUTE SITE AS AFFORDABLE HOUSING SITE (705 VETERANS)(1900 BROADWAY DA) REV: 07-21-26 MI Page 6 of 11 mission-aligned not for-profit housing corporation, joint venture, limited liability company, partnership, or other entity that has demonstrated the technical capacity and experience in developing, owning, and operating a minimum of three (3) qualifying deed- restricted affordable rental housing projects. Specifically, Eden Housing is a nonprofit public health corporation with over 55 years of experience in developing, owning, and operating deed-restricted affordable rental projects throughout the Bay Area, and ii. The Affordable Housing Partner has certified and provided City staff litigation search results that establishes that it and its sponsors, affiliates, members, partners (as applicable) do not have a record of defaults, a record of systemic or procedural maintenance problems, housing or building code violations, or a history of substantiated fair housing complaints at properties it owns and/or operates, directly or through affiliated entities. 3. Land Donation. Subject to and conditioned upon the execution of an Amended Affordable Housing Land Donation Agreement and an Amended Partial Assignment and Assumption Agreement (as described in Section 4 below) in a form that provides for the same terms and conditions as the Affordable Housing Land Donation Agreement and Partial Assignment and Assumption Agreement previously approved by the City Council, the Substitute Site qualifies for land donation as specified under the Affordable Housing Ordinance Section 29.8(H) and the Guidelines because: i. The City reviewed the preliminary title report, issued by First American Title on March 24, 2026, for the Substitute Site and has approved the condition of title, at its sole and absolute discretion. Under no circumstances may the Substitute Site, at the time of donation, be encumbered by any lien securing the repayment of debt or any other security instrument not associated with the development of the Substitute Site. ii. Developer intends to transfer fee ownership of the Substitute Site to Eden Housing as the Affordable Housing Partner, an approved qualifying designee, which will occur prior to or concurrent with the issuance of the first building permits for any phase of the 1900 Broadway Project. The transfer of the Substitute Site to the Affordable Housing Partner must be effectuated pursuant to a Grant Deed, which shall include an irrevocable offer to dedicate the Substitute Site to the City. Concurrently with the recordation of the Grant Deed, the Affordable Housing Partner agrees to record: (1) an irrevocable offer to dedicate the Substitute Site vacant of any commercial tenants to the City; and (2) a Restrictive Covenants Agreement recorded against the Substitute Site in primary lien