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<br /> Units may affect the comparability of the Affordable Units and is subject to City Manager
<br /> approval,
<br /> 2.6.2 Affordable Units, The Project, for purposes of this Agreement, shall have
<br /> no less than five(5) Affordable Units for Very Low Income Households, as set forth in Section
<br /> 2,53, and pursualit to the terms and conditions of this Agreement. The Affordable Units shall be
<br /> consistent with the Project Approvals, comparable in bedroom distribution and amenities to. the
<br /> Unrestricted Units, and shall be located throughout the Project as required under Santa Ana
<br /> Municipal Code section 41-1 G02(c)(5),
<br /> 2.6.3 Unit Mix. Two (2) Affordable Units shall be four-bedroorn units. Two (2)
<br /> Affordable Units shall be three-bedroom units-and one(1) Affordable Unit shall be a two-bedroom
<br /> unit, The Affordable Units shall be consistent with the Project Approvals for approved for the
<br /> Project, and conform to the standards for habitable area per unit, based on square footage, for the
<br /> Unrestricted Units of the same bedroom count.
<br /> 2.7 Minimum Develop Lent Standards for.Affordable Units. The Affordable Units
<br /> shall be constructed with the same exterior appearance and interior features, futures, and
<br /> amenities, and shall use the same type and quality of materials as provided for any Unrestricted
<br /> Units,regardless of whether such Unrestricted Units are in the Project.
<br /> 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and
<br /> expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be
<br /> secured any and all permits that may be required for development of the Project by City or any
<br /> other federal, state, or local governmental entity having or claiming jurisdiction over the Property
<br /> or Project. Upon securing any and all permits, and all necessary financing and property interests,
<br /> Developer shall carry out and perform the development,operation, and maintenance of the Project
<br /> or cause the performance of the development, operation, and maintenance of the Project, in
<br /> conformity with all applicable federal, state, and local laws and regulations, and all conditions of
<br /> approval issued by the City Council and City's Planning Commission for the Project, inclusive of
<br /> the Project Approvals, Any changes to the Project shall be reviewed by the City to determine
<br /> compliance with this Agreement. If any changes to the Project shall materially alter the ability of
<br /> Developer to comply with any terms of this Agreement in City's sole determination,then City and
<br /> Developer shall meet and confer to address amendments and revisions to this Agreement as
<br /> necessary,
<br /> 2.9 ltcl_o_cation Prior to Development of Project. If relocation is required prior to the
<br /> completion of development of the Project, Developer shall have the sole acid exclusive
<br /> responsibility far providing relocation assistance and paying all relocation costs as may be required
<br /> to comply with applicable federal and state laws and regulations, In addition to any other indemnity
<br /> provided by Developer under this Agreement,Developer shall indemnify,defend(with counsel.of
<br /> City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
<br /> which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
<br /> and all of its officials, officers, employees, representatives, volunteers and agents from any and all
<br /> alleged or actual claims, causes of action, liabilities, and damages from any third party for
<br /> relocation assistance,benefits and costs prior to the completion of the development of the Project.
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