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Regulatory Agreement), and not less than an additional fifty (50) of the residential units in the <br />Alameda component of the Project and not less than an additional fifty (50) of the residential <br />units in the Cornerstone component of the Project shall be rented at an affordable cost to <br />households whose ineorne is less than or equal to ninety percent (90 %) of Area Median Income <br />(as defined in the Regulatory Agreement) in accordance with the terms hereof and the <br />Regulatory Agreement which the Parties shall execute substantially in the form attached hereto <br />as Exhibit D , and which shall be recorded in the Official Records upon Developer's acquisition <br />of the Property. One unit in the Alameda component of the Project and one unit in the <br />Cornerstone component of the Project may be reserved as managers' units, and will not be <br />subject to income - eligibility requirements or rent restrictions. <br />3.3.1 Preference for San Leandro Residents and Employees. In order to ensure <br />that there is an adequate supply of affordable housing within the City of San Leandro for <br />residents and employees of businesses within the City, to the extent permitted by law and <br />consistent with the program regulations for funding sources used for development of the Project, <br />during initial lease up of the Project, Developer shall give a preference in the rental of the <br />residential units in the Project to eligible households that include at least one member who lives <br />or works in the City of San Leandro. Developer agrees to use targeted marketing to local <br />residents and employees to increase awareness of the availability of units in the Project, <br />including without limitation, advertising in local media such as the San Leandro Times and local - <br />serving bilingual media and undertaking outreach to the San Leandro Unified School District, <br />City employees and the San Leandro Chamber of Commerce. <br />3.4 Project Approvals. Developer acknowledges and agrees that execution of this <br />Agreement by City does not constitute approval for the purpose of the issuance of building <br />permits for the construction of the Project, does not limit in any manner the discretion of City in <br />such approval process, and does not relieve Developer from the obligation to apply for and <br />obtain all necessary entitlements, approvals, and permits for the construction of the Project, <br />including without limitation, the approval of architectural plans, the issuance of any certificates <br />regarding historic resources required in connection with the Project (if any), and the completion <br />of any required environmental review. <br />Developer covenants that it shall: (i) obtain all necessary permits and approvals which <br />may be required by City, or any other governmental agency having jurisdiction over the <br />construction of the Project or the development of the Property, (ii) comply with all Conditions of <br />Approval, (iii) comply with all mitigation measures imposed in connection with any <br />environmental review of the Project, and (iv) not commence construction work on the Project <br />prior to issuance of building permits required for such work. <br />City staff shall work cooperatively with Developer to assist in coordinating the <br />expeditious processing and consideration of all permits, entitlements and approvals necessary for <br />development of the Project. <br />3.5 Fees. Developer shall be solely responsible for, and shall promptly pay when due, <br />all customary and usual fees and charges of City in connection with obtaining building permits <br />and other approvals for the Project, including without limitation, those related to the processing <br />and consideration of amendments, if any, to the current entitlements, any related approvals and <br />1865087.6 9 <br />