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ARTICLE 1 <br />PARTIES; REPRESENTATIONS AND WARRANTIES; EFFECTIVE <br />DATE; RECITALS; AND EXHIBITS <br />I. Parties to this Inclusionary Housing Agreement <br />I -A. City. The City is a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California. The <br />address of the City, for the purposes of this Inclusionary Housing <br />Agreement, is: <br />City of Santa Ana <br />Community Development Agency <br />20 Civic Center Plaza, M-26 <br />Santa Ana, California 92701 <br />Attention: Program Director <br />Facsimile Number: (714) 647-6549 <br />1-13. Developer. The Developer is a California limited liability company. The <br />principal office and address of the Developer, for the purposes of this <br />Inclusionary Housing Agreement, is: <br />Santa Anna First Street, LLC <br />c/o Wermers Properties <br />5120 Shoreham Place, #150 <br />San Diego, CA 92122 <br />Attention: Branden Wermers <br />Tel: (858) 535-1475 <br />II. Developer Representations and Warranties <br />The representations and warranties of the Developer contained in Article 1 — <br />Section II shall be based upon the actual knowledge of the Developer as of the <br />Effective Date, and are true and correct as of the Effective Date. The <br />Developer's liability for misrepresentation or breach of warranty, representation <br />or covenant, wherever contained in this Inclusionary Housing Agreement, shall <br />survive the execution and delivery of this Inclusionary Housing Agreement. <br />Inclusionary Housing Agreement - In -Lieu Fee Payment Page 5 <br />City of Santa Ana <br />