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1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the <br />date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) <br />for the required number/percentage of the total number of units in the Project which are to be <br />rented or available for rent to very -low income tenants. Said Affordable Rent Schedule shall be <br />established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall <br />be created in accordance with the Change County, California Primary Metropolitan Statistical Area <br />("PMSA") as published by the California Department of Housing and Community Development <br />("HCD"), adjusted for family size, and shall be updated no less than annually. <br />1.1.4 "Affordable Units" means nineteen (19) units, which shall be comprised <br />of ten (10) studio units, six (6) one -bedroom units, and three (3) two -bedroom units for Very -Low <br />Income Tenants. Any change to the number or distribution of Affordable Units is subject to City <br />Manager approval. <br />1.1.5 "Agreement" means this Density Bonus Housing Agreement. <br />1.1,6 "Base Units" means the one hundred and twenty-seven (127) Units that <br />Developer would be authorized to develop on the Property without application of the State Density <br />Bonus Law. <br />1.1.7 "City" means the City of Santa Ana, California <br />1.1.8 "City Council' means the City Council of the City of Santa Ana. <br />1.1.9 "City Attorney" means the City Attorney for the City of Santa Ana. <br />1.1.10 "City Manager" means the City Manager for the City of Santa Ana. <br />1,111 "City's Planning Commission" means the Planning Commission for the <br />City of Santa Ana. <br />1.1.12 "Density Bonus Housing Agreement Term" means the period during <br />which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. <br />1.1.13 "Density Bonus Units" means the forty-four (44) Units in addition to the <br />Base Units that Developer shall develop pursuant to the terms and conditions of this Agreement, <br />of which Developer would not be entitled to develop without providing the Affordable Units. <br />Pursuant to density allowance in the State Density Bonus Law, Developer would be allowed up to <br />forty-five (45) Density Bonus Units, but has elected to utilize forty-four (44) Density Bonus Units <br />pursuant to the plans submitted by Developer. <br />1.1.14 "Developer" means Caribou industries, Inc., a Nevada corporation, and its <br />permitted successors and assigns to all or any part of the Property. <br />75A-138 <br />