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CAA-94- CONTINUED AFFORDABILITY AGREEMENT FOR MINOR SUBDIVISION NO. MS-93-0006 THIS CONTINUED AFFORDABILITY AGREEMENT, hereinafter referred to as AGREEMENT, dated this , 19 , by and between the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California, hereinafter referred to as COUNTY, and RICHARD MILLER hereinafter referred to as OWNER(S): WITNESSETH WHEREAS, application Minor Subdivision MS-93-0006 was approved by COUNTY with certain conditions of approval which require OWNER(S) to guarantee the affordability of units; and WHEREAS, the COUNTY allowed an increase in housing density, as allowed by the County's General Plan and Codes, as part of the approval of MS-92-0006; NOW, THEREFORE, COUNTY AND THE OWNER AGREE TO THE FOLLOWING: 1. OWNER(S) represent and warrant that they are the fee title OWNER(S) of the real property in Exhibit "A" which is attached hereto and incorporated herein. OWNER(S) acknowledge that their real property is subject to a condition requiring the execution of this AGREEMENT which will insure the construction of one (1) housing unit available only to a low income household. This AGREEMENT must be executed prior to recordation of the Parcel Map for MS-93-0006 which is expressly incorporated by reference and made a part of this AGREEMENT. 2. At the request of the OWNER(S), the requirements and restrictions of this AGREEMENT may be transferred to the owner(s) of one of the other parcels of Minor Subdivision No. MS- 92-0006 provided that a new Agreement is recorded with that (those) owner(s). The new Agreement will remain in affect for the remainder of the ten (10) year period beginning from the first purchase date by a qualified low-income household. A fee will be required to process the new Agreement. 3. OWNER(S) agree to provide one(1) affordable owner occupied housing unit as required by Section 65915(b) of the Government Code. Specifically, the OWNER(S) agrees to sell one (1) housing unit, to be constructed on Parcel 2 as shown on the tentative map for MS-93- 0006, to an individual or a family that earns eighty percent (80%) or less of the median household income of San Joaquin County. 4. OWNER(S) agree to submit reports to COUNTY which documents the income of buyers and