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EXHIBIT D <br /> of any portion of the Inclusionary Grant and that the Property and the Project shall <br /> be subject to the covenants and restrictions set forth herein. <br /> D. In addition, in connection with the Project, Developer seeks a density bonus under <br /> California Government Code § 65915, et seq. ("State Density Bonus Law") and <br /> Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus <br /> Ordinance"). Based on the Property size of 0.37 acres, and the City's allowable <br /> density for the Property of seven (7) dwelling units per acre, without the density <br /> bonus,the existing density for the Property would allow only two(2)dwelling units <br /> on the Property (rounded down from 2.59). Thus, the City also enters into this <br /> Agreement to fulfill requirements of the State Density Bonus Law and City Density <br /> Bonus Ordinance. <br /> E. In light of the purpose of the State Density Bonus Law and City Density Bonus <br /> Ordinance, City has determined to approve Developer's application for four (4) <br /> concessions/incentives and one(1) waiver. <br /> F. Based upon the foregoing, on the terms and conditions set forth below, this <br /> Agreement, and the exhibits attached hereto and incorporated herein by reference, <br /> are intended to (1) implement and fulfill obligations set forth in the Conditional <br /> Grant Agreement, and (2) implement the Project's requirement to provide <br /> affordable housing units in exchange for receiving the density bonus, concession <br /> and waivers set forth herein. <br /> NOW,THEREFORE, in consideration of the above recitals,which are incorporated herein <br /> by this reference, and of the mutual covenants contained herein, and for other good and valuable <br /> consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br /> follows: <br /> 1. DEFINITIONS AND EXHIBITS <br /> 1.1 Definitions. In addition to the terms that may be defined elsewhere in this <br /> Agreement, the following terms when used in this Agreement shall be defined as follows: <br /> 1.1.1 "Adjusted for family size appropriate to the unit" shall have the <br /> meaning set forth by California Health and Safety Code Section 50052.5(h). <br /> 1.1.2 "Administrative Procedures Manual" shall mean the City's <br /> Administrative Procedures Manual: Ownership Housing Development, setting forth rules and <br /> regulations for the City's homeownership program. <br /> 1.1.3 "Affordable Housing Cost" means the total housing costs paid by a <br /> qualifying Low Income Household in accordance with California Health and Safety Code Section <br /> 50052.5. <br /> 1.1.4 "Affordable Housing Resale Restrictions" means the restrictions <br /> imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a <br /> 2 <br /> 55394.00101\42405923.1 <br />