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(f) Pending Proceedings. Except as disclosed in writing to the City prior to execution of this Agreement, Developer is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and, to the best of its knowledge, there are no claims, actions, suits or proceedings pending or, to the knowledge of Developer, threatened against or affecting Developer or the Property, at law or in equity, before or by any court, board, commission or agency. Developer is not the subject of a bankruptcy or insolvency proceeding. 2.2 Effective Date. The obligations of Developer and City hereunder shall be effective as of the Effective Date which date is set forth in the preamble to this Agreement. 2.3 Project Scope. The Project will include the construction of thirty-one (31) units of multi -family rental housing on the Property consisting of twenty-two (22) one -bedroom units, seven (7) two-bedroom units, one (1) studio staff unit, one (1) two-bedroom manager's unit, common facilities including a community center of up to 5,000 square feet in size that may serve both the residents of the Project and other members of the community, and thirty-one (31) surface parking spaces. All of the residential units except the staff unit and the manager's unit will be subject to affordability and occupancy restrictions in accordance with the Regulatory Agreement. The Project will serve households that include one or more members that have a developmental disability as defined in subdivision 4512(a) of the California Welfare and Institutions Code, and Developer will be required to provide or arrange for the provision of supportive services to the residents. 2.4 Design Review; Conditions of Approval; Environmental Review. Developer will submit design documents for the Project including a site plan, elevations and schematic drawings for the Project for review and approval by the City Planning Commission or City Council, as applicable. If the City does not approve any submittal, Developer shall submit revised design documents that address the City's objections. Developer agrees that it shall construct the Project in accordance with the approved design documents. At its meeting of February 7, 2017, the City Council made a finding that the Addendum to the Housing Element and Climate Action Plan General Plan Amendment and Rezonings Supplemental Environmental Impact Report (SEIR), and the previously prepared SEIR, including the adopted California Environmental Quality Act (CEQA) Findings and Statement of Overriding Considerations, are adequate to serve as the environmental documentation for the proposed Project, and that all the requirements of CEQA and CEQA Guidelines Section 15162 have been satisfied. In the event that the proposed Project is modified or other circumstances arise that would affect the Project's eligibility for exemption from CEQA review, prior to submitting an application for land use approvals for the Project, Developer shall cause to be performed any additional environmental studies required by the City in connection with environmental review of the Project in accordance with CEQA. Developer acknowledges that the environmental review process under CEQA may involve preparation and consideration of additional information, as well as consideration of input from interested organizations and individuals; that approval or disapproval of the Project following completion of the environmental review process is within the sole and absolute discretion of the City without limitation by or consideration of the OAK #4845-1087-0362 v5 7