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E Sunflower Hill seeks to develop a new affordable residential protect on the site for individuals with special needs that meets the following parameters (i) maximum of 30 individual residential units to be constructed in apartment/multi-family style buildings, (ii) maximum building height will be 2 stories or not more than 30 feet from finished grade on the property, (in) minimum number of parking spaces will be 30, and (iv) community center will not exceed 5,000 square feet and may serve both the on-site residents and individuals from the greater community, as needed ("Sunflower Hill Concept Proposal") F This Agreement meets the requirements of the City's Inclusionary Zoning Ordinance, under Municipal Code Section 17 44 080, for Land Dedication, as well as Alternative Methods of Compliance for the $1,000,000 contribution, and shall be in lieu of providing affordable for sale units or paying the City's Lower Income Housing Fee for each market rate unit in the Project NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions contained herein, City and Developer agree as follows 1 Dedication Parcel The 164 acre portion of the Property proposed to be dedicated for affordable housing is shown in Attachment 2 ("Dedication Parcel") In conjunction with Developer's seeking entitlements for the Project, this Dedication Parcel is being processed to be zoned for multi-family residential density of 18 units per acre, and will be created as a separate legal parcel with the Pioject's final subdivision map 2 Disclosuies by Developer to City and Sunflower Hill Developer shall provide to City copies of any and all soils reports, hazardous materials surveys & reports, Phase I environmental investigation, due diligence reports, and any other documents or information in the possession of Developer or other parties with ownership interests in the Property regarding the Property and Dedication Parcel Developer acknowledges that City and Sunflower Hill will rely on such disclosures 3 Access to and Use of Dedication Parcel (a) Prior to the transfer of the Dedication Parcel as provided in Section 4, below, Developer acknowledges that Sunflower Hill, its partners, agents, and consultants and the City will need access to the Dedication Parcel to undertake studies and tests to determine suitability for the development of the Sunflower Hill Concept Proposal Developer agrees to (a) provide Sunflower Hill contact information for Developer, its agents and contractors, and (b) provide access to the Dedication Parcel for Sunflower Hill, its partners, agents and consultants at times reasonably agreeable to both parties subject to Sunflower Hill executing the Indemnification, Release and Covenant attached as Attachment 3 Developer's provision of access as described in this Section 3 is conditioned on Sunflower Hill, its partners, agents and consultants and the City providing a certificate of insurance, naming Developer as an additional insured, for a minimum of$1,000,000 general liability per occurrence and workers compensation as required by law 2