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E. Sunflower Hill seeks to develop a new affordable residential project on the site for <br /> individuals with special needs that meets the following parameters: (i) maximum of 30 <br /> individual residential units to be constructed in apartment/multi-family style buildings; (ii) <br /> maximum building height will be 2 stories or not more than 30 feet from finished grade on <br /> the property; (iii) minimum number of parking spaces will be 30; and (iv) community center <br /> will not exceed 5,000 square feet and may serve both the on-site residents and individuals <br /> from the greater community, as needed("Sunflower Hill Concept Proposal"). <br /> F. This Agreement meets the requirements of the City's Inclusionary Zoning Ordinance, under <br /> Municipal Code Section 17.44.080, for Land Dedication, as well as Alternative Methods of <br /> Compliance for the $1,000,000 contribution, and shall be in lieu of providing affordable for <br /> sale units or paying the City's Lower Income Housing Fee for each market rate unit in the <br /> Project. <br /> NOW, THEREFORE, in consideration of the mutual covenants, agreements and <br /> conditions contained herein, City and Developer agree as follows: <br /> 1. Dedication Parcel. The 1.64 acre portion of the Property proposed to be dedicated for <br /> affordable housing is shown in Attachment 2 ("Dedication Parcel"). In conjunction with <br /> Developer's seeking entitlements for the Project, this Dedication Parcel is being processed to be <br /> zoned for multi-family residential density of 18 units per acre, and will be created as a separate <br /> legal parcel with the Project's final subdivision map. <br /> 2. Disclosures by Developer to City and Sunflower Hill. Developer shall provide to City <br /> copies of any and all soils reports, hazardous materials surveys &reports, Phase I environmental <br /> investigation, due diligence reports, and any other documents or information in the possession of <br /> Developer or other parties with ownership interests in the Property regarding the Property and <br /> Dedication Parcel. Developer acknowledges that City and Sunflower Hill will rely on such <br /> disclosures. <br /> 3. Access to and Use of Dedication Parcel. <br /> (a) Prior to the transfer of the Dedication Parcel as provided in Section 4, below, Developer <br /> acknowledges that Sunflower Hill, its partners, agents, and consultants and the City will need <br /> access to the Dedication Parcel to undertake studies and tests to determine suitability for the <br /> development of the Sunflower Hill Concept Proposal. Developer agrees to: (a)provide <br /> Sunflower Hill contact information for Developer, its agents and contractors; and (b) provide <br /> access to the Dedication Parcel for Sunflower Hill, its partners, agents and consultants at <br /> times reasonably agreeable to both parties subject to Sunflower Hill executing the <br /> Indemnification, Release and Covenant attached as Attachment 3. Developer's provision of <br /> access as described in this Section 3 is conditioned on Sunflower Hill, its partners, agents and <br /> consultants and the City providing a certificate of insurance, naming Developer as an <br /> additional insured, for a minimum of$1,000,000 general liability per occurrence and workers <br /> compensation as required by law. <br /> 2 <br />