City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
by the City; and (iii) construction level drawings approved by the City as required to obtain the Development Permits.
“Assignment Agreement” has the meaning set forth in Section 7.2. “Authority” has the meaning set forth in the introductory paragraph of this Declaration. “Business Day(s)” means any day on which City Hall is open for business and shall specifically exclude Saturday, Sunday or a legal holiday or City holiday. “Certificate of Compliance” means a certificate issued and recorded in the Official Records by the City upon Completion by Developer of the Active Adult Project Improvements and/or the AL/MC Project Improvements, as applicable, and satisfaction of all additional Conditions Precedent thereto as described in the DDA, provided that if the Final Parcel Map is not recorded in the Official Records prior to issuance and recording by the City in the Official Records of the first of these two Certificates of Compliance, then in lieu of separate Certificates of Compliance for each component of the Project, there shall be only one Certificate of Compliance issued and it shall be issued after Completion of the entirety of the Project and satisfaction of all additional Conditions Precedent set forth in the DDA for both the Active Adult Project and AL/MC Project. For avoidance of doubt, the number, timing, issuance and recording of Certificates of Compliance shall be governed by Sections 1.1.13 and 1.1.34 of the Development Agreement, and nothing in this Declaration shall impose any additional condition upon such issuance or recording. “Certificate of Compliance for Active Adult Project” means the certificate of compliance that shall be issued by the City for the Active Adult Project upon (1) satisfaction of the conditions precedent thereto set forth in the DDA and (2) recording by the City in the Official Records of the Final Parcel Map.
“Certificate of Continuing Program Compliance” means the annual report of occupancy for the Lower Income Units including the Verification of Income provided by each Owner to Authority as described in Section 4.9 or such other form as may be prescribed by the Authority. “City” has the meaning set forth in the introductory paragraph of this Declaration. “City Code” has the meaning set forth in Recital D.
“City Council” means the City Council of the City of Tustin. “City Hall” means the seat of government for the City of Tustin, presently located at 300 Centennial Way, Tustin, California.
“Claim” or “Claims” means any and all claims, actions, causes of action, demands, orders, or other means of seeking or recovering losses, damages, liabilities, costs, expenses (including attorneys’ fees, fees of expert witnesses, consultants’ fees and court and litigation costs), costs and expenses attributable to compliance with judicial and regulatory orders and requirements, fines, Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
penalties, liens, taxes, monetary payment or reimbursements or any type of compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen. “Compliance Fee” for a Non-Complying Unit means an amount equal to (a) twenty-five percent (25%) multiplied by (b) the Rent Consideration or rent being paid by the tenant, whichever is greater, under its rental agreement for the entire Non-Compliance Period. “Control”, “Controlled”, or “Controlling”, as used with respect to any Person, means the possession, directly or indirectly (including through one or more intermediaries), of the current power to direct or cause the direction of the management and policies of such Person, including through the ownership or control of voting securities, partnership interests, membership interests, or other equity interests. Notwithstanding the foregoing, (i) the right of a Person to participate directly or indirectly (including through one or more intermediaries) in significant management decisions of another Person, without more, does not constitute “Control” if such Person with the right to participate in decisions does not also possess, directly or indirectly (including through one or more intermediaries), the current ability to direct or cause the direction of the management and policies of such other Person and (ii) the fact that a Person acts as the day-to-day manager of any Person does not without more constitute “Control”. Without limiting the generality of the foregoing, it shall be a presumption that control with respect to a corporation or limited liability company is the right to exercise, directly or indirectly, more than fifty percent (50%) of the voting rights granted to all equity holders in the corporation or limited liability company. It shall be a presumption that control with respect to other types of entities such as a partnership, trust, other entity or association, is the possession by a Person, indirectly or directly, of the power to direct or cause (by such Person’s sole action) the direction of the management or policies of the controlled entity.
“Controlling Person” means, as to any Person, any other Person who Controls the Person in question. Notwithstanding the foregoing, if a Person has the right to participate directly or indirectly (including through one or more intermediaries) in significant management decisions of Owner, such Person shall not be deemed to be a Controlling Person of an Owner unless such Person also possesses, directly or indirectly (including through one or more intermediaries), the power to direct or cause the direction of the management and policies of such Owner. “DDA” has the meaning set forth in Recital A.
“Declaration” has the meaning set forth in the introductory paragraph to this instrument. “Density Bonus Laws” has the meaning set forth in Recital F(1). “Density Bonus Ordinance” has the meaning set forth in Recital F(1). “Density Bonus Statute” has the meaning set forth in Recital F(1). “Development Agreement” has the meaning set forth in Recital D.
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
“End User” means any (i) utility or Governmental Authority with respect to any transfer of portions of the Real Property or grants of easements affecting the Real Property desirable for the development of the Real Property, including the City or any lighting or landscaping district and (ii) for the term in which such contract is in effect, any natural person that is the tenant under a rental agreement for a Unit and inhabits the Unit for which it is the tenant. “Entitlements” has the meaning set forth in Recital D and shall include the Development Agreement and all discretionary land use approvals and entitlements legally required by the City or any other Governmental Authority as a condition of subdivision of the Real Property or any portion thereof, development of the Real Property and/or construction of the Project. “Event of Default” has the meaning set forth in Section 12.1. “Federal Government” means the United States of America (including the Navy), by and through the Secretary of the Navy, or designee.
“Final Certificate of Compliance” means the Certificate of Compliance issued and recorded by the City in the Official Records for the last of the Active Adult Project or the AL/MC Project upon satisfaction of all Conditions Precedent therefor set forth in the DDA, provided that if the Final Parcel Map is not recorded in the Official Records prior to issuance and recording by the City in the Official Records of the first of those two Certificates of Compliance, then the single Certificate of Compliance recorded by the City in the Official Records after Completion of the entirety of the Project and satisfaction of all additional Conditions Precedent set forth in the DDA or both the Active Adult Project and AL/MC Project shall be the Final Certificate of Compliance. “Final Parcel Map” means final parcel map No. 2025-151 approved by the City and the Orange County Surveyor’s office and recorded in the Official Records, subdivide the Real Property into Parcel 1 (comprised of the Active Adult Real Property) and Parcel 2 (comprised of the AL/MC Real Property).
“Fiscal Year” means the property tax year for the State of California from July 1 until the following June 30, as such fiscal year may be changed from time to time by the State of California. “Governmental Authority” and “Governmental Authorities” means, respectively, each and all federal, state, county, municipal and local governmental and quasi-governmental bodies and authorities (including the United States of America, the State and any political subdivision, public corporation, district, joint powers authority or other political or public entity) or departments thereof having or exercising jurisdiction over either or any of the Parties, the Project, the Property, the Project Improvements or over any property owned by the City upon which work is conducted by or on behalf of Owner in connection with construction of the Project or such portions of the foregoing as the context indicates.
“Governmental Requirements” means all laws, statutes, codes, ordinances, rules, regulations, standards, guidelines, conditions, instructions, and other requirements issued by any Governmental Authority having jurisdiction over, governing, applying to or otherwise affecting any or all of the Parties, the Project, the Project Improvements, the Real Property or any component Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
thereof or over any property owned by the City upon which work is conducted by or on behalf of Owner in connection with construction of the Project, and including the California Surplus Land Act and Guidelines as the same may be amended from time to time, Environmental Laws, the City Code, the Specific Plan, the Entitlements, the Development Permits and the Approved Plans. “Governmental Successors” means each and every Person that is a successor or an assignee of the City and/or Authority and that is a governmental entity or agency. “HCD” means the California Department of Housing and Community Development. “Housing Incentive Agreement” has the meaning set forth in Recital E. “HSC Rents” has the meaning set forth in Section 4.4.1. “Income” means “annual income” as defined in California Code of Regulations, Title 25, Section 6914, as amended from time to time; provided, however, that to the extent required by any applicable financing source or regulatory agreement, Income may be determined in accordance with the requirements of such financing source or regulatory agreement, including, without limitation, those of the U.S. Department of Housing and Urban Development.
As used herein, “Income” shall be the anticipated Income of a person or family for the twelve-month period following the date of determination of Income. To make the projection, a “snapshot” of the household’s current circumstances is used to project future Income. The circumstances on the date of measurement should be assumed to continue for the next twelve (12) months unless there is verifiable evidence to the contrary. “Initial Leasing Period” has the meaning set forth in Section 4.3.5. “Initial Developer” has the meaning set forth in Recital A. “Initial Owner” has the meaning set forth in Recital B. “Low Income Unit” means a Unit that is reserved for occupancy by, and affordable to, a Lower Income Household whose income does not exceed eighty percent (80%) of Area Median Income, adjusted for household size, as determined from time to time by the California Department of Housing and Community Development, and for which the rent does not exceed the Maximum Monthly Affordable Rent applicable to such Unit under this Declaration and California Health and Safety Code Section 50053.
“Low Income Households” means persons and families whose incomes do not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and California Health and Safety Code Section 50079.5. These qualifying limits shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the Department of Housing and Community Development shall, by regulation, Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually. “Lower Income Households” means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and Health & Safety Code section 50093. The limits shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the Department of Housing and Community Development shall, by regulation, establish income limits for lower income households for all geographic areas of the state at eighty percent (80%) of Orange County Area Median Income, adjusted for family size and revised annually. “Lower Income Households” includes Low Income Households, Very Low Income Households and Extremely Low Income Households, as defined in California Health & Safety Code section 50105. “Lower Income Unit” means the Units, if any, required to be constructed and rented to, occupied by, or held available for Lower Income Households in accordance with this Declaration.
Lower Income Units include Very Low Income Units and Low Income Units. “Lower Income Households” includes Lower Income Households and Very Low Income Households as defined herein.
“Mandatory Density Bonus” has the meaning set forth in Recital F. “Maximum Monthly Affordable Rent” means for any Lower Income Unit, the maximum monthly Rent Consideration payable by the tenant under the rental agreement that does not exceed the following: (a) with respect to Very Low Income Units, the Annual Maximum Very Low Income Rent for a Very Low Income Household (calculated in accordance with the requirements below) divided by twelve (12) as specifically applicable to the particular Qualified Household that is the tenant, and (b) with respect to Lower Income Units, the Annual Maximum Low Income Rent for a Lower Income Household (calculated in accordance with the requirements below) divided by twelve (12), as specifically applicable to the particular Qualified Household that is the tenant.
The applicable Maximum Monthly Affordable Rent for a particular Qualified Household shall consider and include a reasonable allowance for utilities and shall otherwise be an amount not in excess of the following:
For “Lower Income Households”, as more particularly defined in Health and Safety Code Sections 50079.5 and 50053, and as generally described herein, the “Annual Maximum Low Income Rent” shall be equal to the product obtained by multiplying (a) thirty percent (30%) by (b) sixty percent (60%) of the annual Orange County Median Income adjusted for family size appropriate for the Units, including a reasonable utility allowance or the Low Income Rent for the bedroom size, including a reasonable utility allowance, or, to the extent applicable, the Low Income Rent for the applicable bedroom size, including a reasonable utility allowance, as published by the California Tax Credit Allocation Committee, as amended from time to time, if higher. It shall be optional for any Owner to Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
calculate Affordable Rent for those low income households with gross incomes that exceed sixty percent (60%) of the annual Orange County Area Median Income adjusted for family size at a level that does not exceed thirty percent (30%) of the annual gross income of the household. Notwithstanding the foregoing, Annual Maximum Low Income Rent may, at the option of any Owner, be established in accordance with the TCAC monthly rent limits for Lower Income Households. The Annual Maximum Low Income Rent shall be calculated in accordance with the applicable subsection of Health and Safety Code Section 50053(b)(1) as modified by Section 50053(b)(2).
For “Very Low Income Households”, as more particularly defined in Health and Safety Code Sections 50105 and 50053, and as generally described herein, the “Annual Maximum Very Low Income Rent” shall either be equal to the product obtained by multiplying (i) thirty percent (30%) by (ii) fifty percent (50%) of the annual Orange County Median Income adjusted for family size appropriate for the Units, including a reasonable utility allowance. Notwithstanding the foregoing, Annual Maximum Very Low Income Rent may, at the option of any Owner, be established in accordance with the TCAC monthly rent limits for very low income households or, to the extent applicable, the Low Income Rent for the applicable bedroom size, including a reasonable utility allowance, as published by the California Tax Credit Allocation Committee, as amended from time to time, provided such amounts do not exceed the rent permitted under Section 50053. The Annual Maximum Very Low Income Rent shall be calculated in accordance with the applicable subsection of Health and Safety Code Section 50053(b)(1) as modified by Section 50053(b)(2).
“Mortgage” means any indenture of mortgage or deed of trust, hypothecation, pledge, assignment for security purposes, bond, grant of taxable or tax exempt funds from a governmental agency or other security interest affecting the Real Property or any portion thereof or any documents constituting or relating to a sale-leaseback transaction, in each case together with all loan documents related thereto, but excluding any community facilities districts, service districts, assessment districts, landscape and lighting districts, or other assessments created or imposed by any Governmental Authority.
“Mortgagee” means any mortgagee, beneficiary, secured party (or any agent for one or more lenders acting in any of the foregoing capacities) under any Mortgage. or other provider of funds or grantee of title under any Mortgage.
“Non-Compliance Period” for a Non-Complying Unit means the period commencing on the date that is sixty-one (61) calendar days after notice from Tustin to Owner pursuant to Section
12.3, or as otherwise may be extended by Tustin in writing upon request of Owner, and ending on the date that is the earlier of (a) the date that Owner cures the Default that resulted in the NonComplying Unit or (b) the date that the tenant of the Non-Complying Unit vacates the NonComplying Unit. Owner shall provide Tustin with reasonable evidence of the date that either (i) Owner cures the Default that resulted in the Non-Complying Unit or (ii) the tenant of the NonComplying Unit vacates the Non-Complying Unit, as applicable.
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
“Non-Complying Units” means a Lower Income Unit which is occupied and/or leased in violation of Section 4 of this Declaration.
“Official Records” has the meaning set forth in Recital A. “Orange County Median Income” or “AMI” means the median family income for the Orange County Primary Metropolitan Statistical Area as most recently established by official annual publication of the Federal Department of Housing and Urban Development as published, modified and released by the State Department of Housing and Community Development, adjusted for household size.
“Other Agreements” means the Quitclaim Deed, this Declaration, the SLA Covenant, the Memorandum of DDA, the Development Agreement, the Landscape Installation and Maintenance Agreement and the Special Restrictions.
“Outside Rent Calculation Date” has the meaning set forth in Section 4.4.1. “Over-Income Unit” has the meaning set forth in Section 4.7.1. “Owner” means the Initial Owner and the applicable Successor Owner holding fee title to all or any portion of the Real Property.
“Parties” means the City and Owner, collectively.
“Party” means either of the City or Owner, individually, as parties to this Declaration. “Permitted Mortgage” shall mean any indenture of mortgage or deed of trust, bonds, grant of taxable or tax-exempt funds from a governmental agency or other conveyance of a security interest in any portion of the Real Property for the purpose of development, construction or refinancing of all or any portion of the Project and approved by the City pursuant to the DDA.
There shall not be more than one Permitted Mortgage for the Real Property. “Permitted Mortgagee” shall mean the Mortgagee with respect to any Permitted Mortgage affecting the Real Property or any portion thereof, and any successor or assign of such having all right, title and interest in and to the loan documents, and in each case meeting the criteria set forth in the DDA and accordingly entitled to the Permitted Mortgagee protections provided by the DDA.
“Person” means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, joint venture, firm, joint stock company, unincorporated association, Governmental Authority, governmental agency or other entity, domestic or foreign. “Program Administrator” means the City Manager or person designated by the City Manager to act as the program administrator under this Declaration.
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
“Project” means the development, construction, maintenance, leasing and use of the Project Improvements on the Real Property.
“Project Improvements” means the buildings, structures, parking, fixtures, site improvements (including landscaping and hardscaping), amenities and facilities constructed or installed on the applicable portions of the Real Property together with all related appurtenances. “Property” has the meaning set forth in Section 1.2.
“Proposed List” has the meaning set forth in Section 4.4.1. “Qualified Household” has the meaning set forth in Section 4.9.4. “Qualified Period” means the period beginning on the Affordability Commencement Date and ending on the date which is fifty-five (55) years thereafter as set forth in the Qualified Period Certificate.
“Qualified Period Certificate” has the meaning set forth in Section 4.9.1. “Quitclaim Deed” shall have the meaning set forth in Recital B. “Real Property” has the meaning set forth in Recital B. “Rent Consideration” means all mandatory consideration actually paid by a tenant to the landlord under a rental agreement for housing services and amenities. Housing services and common amenities include, but are not limited to, the following: parking for one (1) vehicle for a one- or up to two-bedroom Unit and two (2) vehicles for more than a two-bedroom Unit, use of common facilities including pools or health spas, and utilities if the development is mastermetered. Notwithstanding the foregoing, utility charges, to the extent individually metered for each Lower Income Unit, reimbursement for damages caused by a tenant, and optional fees like additional vehicle parking fees and pet fees may be passed through or billed directly to the occupants of Lower Income Units in addition to and separate from any items of Rent Consideration.
“Restrictions” has the meaning set forth in Section 2.
“Rooms” shall mean the senior congregate care assisted living and memory care rooms within each building to be developed on the AL/MC Real Property. “SLA Covenant” means that certain Surplus Land Act Covenant (per Government Code Section 54233) made by the City and recorded in the Official Records against the Real Property on the Restrictions Date.
“Special Restrictions” means the declaration denominated as Special Restrictions and recorded in the Official Records against the Real Property substantially concurrently with the recording in the Official Records of this Declaration.
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
“Specific Plan” means that certain Marine Corps Air Station-Tustin Specific Plan/Reuse Plan initially adopted on February 3, 2003, as the same has been amended and may be further amended from time to time setting forth the zoning and entitlement framework for future development of the former Marine Corps Air Station, Tustin. “Successor Owner” means each and every Person owning or acquiring fee title to all or any portion of the Real Property from and after the conveyance to Initial Owner by the City, but excluding each and every End User provided that during the term of the DDA, any such Transfer shall be subject to the applicable limitations set forth in Article 2 of the DDA. “Tentative Parcel Map” has the meaning set forth in Recital D. “Term” means the period commencing upon the recording of this Declaration in the Official Records and ending upon the end of the Qualified Period. “Transfer” means (i) the transfer, sale, assignment, lease, sublease, license, gift, hypothecation, mortgage, pledge or encumbrance, merger or other similar conveyance by any Owner of its interest in this Declaration, the Other Agreements, the Project, the Property, the Project Improvements, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or any agreement to do so; (ii) the granting by any Owner of any Mortgage, easement, license, lien or other encumbrance and/or the execution of any installment land sale contract or similar instrument affecting all or a portion of the Project, the Property, the Project Improvements, or any portion thereof or interest of any Owner therein; (iii) any merger or similar term as such term is defined by the law of the state in which the transferor entity is formed and that has the same effect as any of the circumstances described in clauses (i) or (ii) of this definition, and (iv) shall also include any conversion of an Owner to an entity form other than that of Owner at the time of execution of this Declaration.
“Transfer of Control” means, with respect to Owner or Owner’s Controlling Person, the occurrence, directly or indirectly, in a single transaction or a series of transactions, of any of the following:
(i) the conveyance, sale, assignment, transfer or disposition of all or substantially all of that Person’s (or its Controlling Person’s) assets, stock, membership or partnership interests or other equity interests;
(ii) the dissolution, merger, reorganization, share exchange, recapitalization, restructuring or consolidation of that Person (or its Controlling Person), other than a transaction that would result in all of the voting securities of that Person (or its Controlling Person) outstanding immediately prior thereto to continue to represent (either by remaining outstanding or by being converted into voting securities of the surviving entity) at least 50.01% of the combined voting power of all of the voting securities of that Person (or its Controlling Person) or such surviving entity outstanding immediately after such transaction; and the acquisition by any “Person” or “Group” (within the meaning of Sections 13(d) and 14(d)(2) of the Securities Exchange Act of 1934) of an aggregate of 50.01% or more of Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit B
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
the beneficial ownership (within the meaning of Rule 13d-3 of the Securities Exchange Act of 1934) of the issued and outstanding voting securities or other equity interests of that Person (or its Controlling Person), where such acquiring “Person” or “Group” did not directly or indirectly (or through an affiliate) already Control or own at least 50.01% of the voting securities or other equity interests of such Person (or its Controlling Person).
“Tustin” has the meaning set forth in the introductory paragraph of this Declaration. “Tustin Parties” has the meaning set forth in Section 14. “Unit” means each dwelling unit in the Active Adult Project that is used as a primary residence by its occupants, consistent with the definition of a unit as used by the United States Census Bureau and the California Department of Finance, including efficiency units, residential hotel units, and units used as transitional housing.
“Unit Requirements Certificate” has the meaning set forth in Section 4.2. “Verification of Income” has the meaning set forth in Section 4.9.2. “Very Low Income Households” means persons and families whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and Health & Safety Code section 50105. These qualifying limits shall be published by the Department of Housing and Community Development in the California Code of Regulations as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event the federal standards are discontinued, the Department of Housing and Community Development shall, by regulation, establish income limits for very low income households for all geographic areas of the state at 50 percent of area median income, adjusted for family size and revised annually. “Very Low Income Unit” means a Unit that is reserved for occupancy by, and affordable to, a Very Low Income Household whose income does not exceed fifty percent (50%) of Area Median Income, adjusted for household size, as determined from time to time by the California Department of Housing and Community Development, and for which the rent does not exceed the Maximum Monthly Affordable Rent applicable to such Unit under this Declaration and California Health and Safety Code Section 50053.
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit C
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
EXHIBIT C
SITE PLAN
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A
SS SS SS
SS SS SS
DW DW
SS SS
DW DW DW DW
SS
DW SS SS DW DW RW DW RW RW DW DW DW DW DW DW DW
SS SS SS SS SS SS SS SS DW 8"W 12"W 12"W SS SS SS SS SS SS SS SS SS DW DW DW DW DW DW DW DW E E E E E E E EX EX EX SL E JT
JT E E E EX EX EX EX EJT JT E E JT JT TEL TEL TEL TEL
ST C C E E E E E E
ST ST IRR IRR IRR IRR
IRR IRR IRR J PROPERTY LINE
& RIGHT OF WAY
PROPERTY LINE
& RIGHT OF WAY
PROPERTY LINE
& RIGHT OF WAY
PROPERTY LINE
& RIGHT OF WAY
JOHN JOHNSON WAY WARNER AVENUE VETERANS WAYASSISTED LIVING /
MEMORY CARE
BUILDING ARMSTRONG AVENUE
ACTIVE ADULT BUILDING
FUTURE PARCEL LINE
DESIGNED BY: DRAWN BY: PROJECT NO. DATE: REVIEWED BY: CK BY DATE NO. REVISION FIRST SUBMITTAL DATE: SHEET NO. Save Date: Plot Date: 8/3/2026 3:15 PM 8/3/2026 3:19 PM By: Juta P:\C\CONFCDMS0012\0400CAD\EXHIBITS\2026-07-07 Tustin Development Agreement Exhibits For Confluent\Reference\EXHIBIT E-CONFCDMS0012.dwg Justin Tat By: File:
CHECKED BY: ® 17542 E. 17th Street Suite 150 Tustin, CA 92780 714.665.4500 SCALE
( FEET )
1 INCH = 80 FT.
80 80 160 40 0
EXHIBIT E - SITE PLAN CLEARWATER AT TUSTIN LEGACY TENTATIVE PARCEL MAP 2025-151 M.M. 990/25-33 TUSTIN, CA 92606 07/08/2026 CONFCDMS-0012 1 OF 1 EXHIBIT C
SITE PLAN
ACTIVE ADULT REAL PROPERTY
AL/MC
REAL
PROPERTY ATTACHMENT 3 City of Tustin/Confluent Development Disposition and Development Agreement
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit D
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
EXHIBIT D
QUALIFIED PERIOD CERTIFICATE
CITY OF TUSTIN OFFICIAL
BUSINESS REQUEST DOCUMENT
BE RECORDED AND EXEMPT FROM
RECORDING FEES PER
GOVERNMENT CODE SECTION 6103
AND SECTION 27383
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: City Clerk
[SPACE ABOVE LINE FOR RECORDER’S USE ONLY]
PROJECT QUALIFIED PERIOD CERTIFICATE
In accordance with Section ___ of the Declaration of Affordable Housing Restrictive Covenants and Regulatory Agreement dated as of _______________, 20__ and recorded in the Official Records of Orange County on _______________, 20__ as Document No. _______________ recorded against the [{if no Final Parcel Map has then recorded:} Real Property/{if Final Parcel Map has then recorded:} Active Adult Real Property] as the same is legally described on Schedule 1 attached hereto and made a part hereof (collectively, “Declaration”), the undersigned confirms that the Qualified Period for the Project commenced on __________________, 20__ and will terminate on ____________, ____. Capitalized terms not defined in this certificate shall have the meanings given to such terms in the Declaration.
Dated: ____________________ OWNER:
{insert signature block}
{signatures continued on following page}
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit D
S-1
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
ACCEPTED AND AGREED:
Dated:
CITY OF TUSTIN:
By: ,
Aldo E. Schindler
City Manager
ATTEST:
By:
Erica N. Yasuda
City Clerk
TUSTIN HOUSING AUTHORITY:
By: ,
Aldo E. Schindler
Executive Director
APPROVED AS TO FORM
By:
David Kendig
City Attorney
{insert form of acknowledgement}
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit D
Schedule 1
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
SCHEDULE 1
LEGAL DESCRIPTION OF REAL PROPERTY
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx)
ATTACHMENT 26
Exhibit E
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
EXHIBIT E
UNIT REQUIREMENTS CERTIFICATE
CITY OF TUSTIN OFFICIAL
BUSINESS REQUEST DOCUMENT
BE RECORDED AND EXEMPT FROM
RECORDING FEES PER
GOVERNMENT CODE SECTION 6103
AND SECTION 27383
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Tustin
300 Centennial Way
Tustin, California 92780
Attention: City Clerk
[SPACE ABOVE LINE FOR RECORDER’S USE ONLY
UNIT REQUIREMENTS CERTIFICATE
In accordance with Section ___ of the Declaration of Affordable Housing Restrictive Covenants and Regulatory Agreement dated as of _______________, 20__ and recorded in the Official Records of Orange County on _______________, 20__ as Document No. _______________ against the Real Property as the same is legally described on Schedule 1 attached hereto and made a part hereof (collectively, “Declaration”), the undersigned Owner of the [{if no Final Parcel Map has then recorded:} Real Property/{if the Final Parcel Map has then recorded:} Active Adult Real Property] confirms that the following shall be the allocation of affordable unit types, sizes and mix for the Units on the Active Adult Real Property:
Unit Type Unit Size (sf) Very Low
Income Units
Lower Income
Units
Totals
TBD TBD
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit E
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
This allocation and mix may be amended at any time by recording of a new certificate executed by the then Owner and Program Administrator, each in its sole discretion.
Dated: ____________________ OWNER:
{insert signature block}
{signatures continued on following page}
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit E
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
ACCEPTED AND AGREED:
Dated:
CITY OF TUSTIN:
By: ,
Aldo E. Schindler
City Manager
ATTEST:
By:
Erica N. Yasuda
City Clerk
TUSTIN HOUSING AUTHORITY:
By: ,
Aldo E. Schindler
Executive Director
APPROVED AS TO FORM
By:
David Kendig
City Attorney
{insert form of acknowledgement}
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit E
Schedule 1
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
SCHEDULE 1
LEGAL DESCRIPTION OF REAL PROPERTY
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 26 Aff Housing Decl
9.28.26 (HM).docx
ATTACHMENT 26
Exhibit F
City of Tustin/Tustin Housing Authority/
Confluent/Portion of Disposition Area 8
EXHIBIT F
MAXIMUM MONTHLY AFFORDABLE RENT
[see attached]
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 27 Transferable
Products Cert 8.23.26
Attachment 27
1 City of Tustin/Confluent Development
Portion of Disposition Area 8
120829126.2
ATTACHMENT 27
TRANSFERABLE PRODUCTS CERTIFICATE
Letterhead of Consultant
Date
To: City of Tustin and Tustin Housing Authority (“City Parties”) Re: Certification of [insert exact report/plan title] dated [insert date and insert any report/plan reference number or attach and reference report/plan] (“Transferable Product”) for Confluent Development Active Adult and Assisted Living/Memory Care Project, Tustin Legacy, Parcel _______ (“Project”).
In consideration of the terms set forth herein, [Insert Name of Consultant Firm] (“Consultant”) hereby certifies the Transferable Product in favor of the City and confirms that the City Parties may use and rely upon the findings, conclusions, and recommendations contained within the Transferable Product. The Consultant understands and agrees that the City Parties will utilize this Transferable Product for the specific purpose of evaluating and developing the real property upon which the Project is proposed to be developed and that is the subject of the Transferable Product.
1. Standard of Care: Consultant warrants that the Transferable Product was prepared in accordance with the professional standards, care, and diligence normally exercised by members of the profession currently practicing under similar conditions in the same locality.
2. Limits and Conditions: The City Parties acknowledges and agrees that:
o This reliance letter does not constitute an update, amendment, or modification to the findings of the Transferable Product. No fieldwork or additional investigation has been conducted since the original Transferable Product date. o The reliance granted herein is strictly subject to the same terms, conditions, scope of work, and liability caps set forth in the original professional services agreement executed between the Consultant and the original client. o [Insert for engineering plans, if applicable: The recommendations contained in the report are dependent on GMU Engineers & Geologists being involved in the design process and in the performance of all observation and testing recommended/required in the report. If GMU is not involved, then these tasks shall be assumed by another competent Geotechnical Engineer who will assume the responsibility in full of being the Geotechnical Engineer of Record.] Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A Tustin Confluent DDA Att 27 Transferable
Products Cert 8.23.26
Attachment 27
2 City of Tustin/Confluent Development
Portion of Disposition Area 8
120829126.2
3. Insurance Coverage: Consultant certifies that it maintains professional liability (Errors and Omissions) insurance coverage with a minimum limit of $1,000,000 per claim. A certificate of insurance verifying this coverage is attached hereto.
4. Governing Law: This reliance letter shall be governed by, and construed in accordance with, the laws of the State of California.
Sincerely,
[insert name of firm]
[signature by authorized representative]
Docusign Envelope ID: 5FFBA527-D2FE-839A-80B6-01932AA2861A