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6.1.K. - Page 8 2.� Quafity of AfFordable Units. The Affordable Units shafl be of similar size and quality to the market-rate units in the Projec#. 2.7 Maintenance. During the Rental Term, alE improvemer�ts serving the Affardable Units daveloped on the Property, includEng withou� limitatian, the Aftordabfe Un�ts, hardscapi�g and landscaping, shall at all times be maintained �n a neat and orderly condi�ion, goad order and repair, consistent with good ownership prac�ices, and in accordance with all applicable standards ofi practice with respect to similar projects in the San Francisco Bay Area. Article II! Owner-Occupied Affordabiliiv Agreements 3.1 Transition to Owner-Occupied Units. If, following the date of this Agreement, Devefoper desires to operate the Project, or any part thereof, as a "for-sale" rather than a "rental" praject, Developer may permit the sale of the Afforclable Units in accordance with this Articl�. The De�eloper shall affer for sale the Affordable Unit to the currer�t occupying Quali�ie� �essee and the Qualified Lessee shall have the "right of first refusal" to purchase the Afforclable Unit. The Developer shall provide the Qualified Lessee with a natice of sale ("Nat�ce") and inform the Qual�fied �essee of the "right af first refusal" at least 120 days prior to the intended sale af the Affordable Unit. The content of the Notice shall be ap�roved by the City Mar�ager. The Qualified Lessee shafl ha�e 45 days from reeeipt of the Notice to notify Developer of its interes# in purchasing the Afforcfable Unit. If the Quali�ied Lessee daes not respond to Developer within the 45-day per�od or specifically declines to purchase the Affardab[e Unit within such time, De�eloper may proceed with a sale to a new Qualified Buyer, as defined below, pro�ided that such sale does not require the Developer ta terminate any existing lease with a Qualifie� Lessee prior to the expiration of such lease. The Quaiified Lessee must meet the requirements of a Quafitied Buyer in order to purchase an Affordable Unit. 3.2 Quaiified Buyer. To be a "Qualified Buyer", the purchaser must ha�e an income, certified by the C�ty or its designee, which is between 80 and 1QQ percent of AMI. En orcler to ensure compEiance with this Agreement in cannection with the sale and transfer of each Affordable Unit, D�veloper and its successors shall obtain a copy of each prospective purchaser's federal income tax return for the taxable year immediately preceding the proposed purchase of an Affordable Unit and current incame infarmation such as wage statements or, if the prospective purchaser certifies and declares under penalty of perjury that he or she did not fiie a federal tax return, otF�er evidence of income for such year acceptable ta the City in its sofe discretion and current income infarmation such as wage statements, to substantiate that the prospective purchaser meets the eligibifity requirements of Qualified Buyers. !n the event the City is unabfe ta make a determination that a prospective buyer is a Qualified Buyer based upan the informatian provided, the prospective purchaser shall be determined not to meet the rec�uirements of a Qualified Buyer and shall be disqualified from purchase. ATTY/AGR12D12.061/2580�CR(UFtBAN H0�15ING)AFFQRDABLE HpU51NG AGREEMENT REV:06-04-12 VR Page 5 af 31