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2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have
<br /> no less than five (5) Affordable Units, for Moderate Income Households, as set forth in Section
<br /> 2.6.3, and pursuant 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 41-1602(c)(5).
<br /> 2.6.3 Unit Mix. Four (4) Affordable Units shall be three-bedroom units and one
<br /> (1) Affordable Unit shall be a four-bedroom unit. The Affordable Units shall be consistent with
<br /> the Project Approvals for the Project.
<br /> 2.7 Minimum Development Standards for Affordable Units. The Affordable Units
<br /> shall be constructed with the same exterior appearance and interior features, fixtures, and
<br /> amenities, and shall use the same type and quality of materials as provided for any base
<br /> Unrestricted Units, regardless of whether such Unrestricted Units are in the Project.
<br /> Notwithstanding the foregoing, nothing herein shall be construed to limit the ability of purchasers
<br /> of Unrestricted Units to purchase upgrades for such units.
<br /> 2.8 Permits and Processin • 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 perfonn 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 Manager to
<br /> determine compliance with this Agreement. If any changes to the Project shall materially alter the
<br /> ability of Developer to comply with any terms of this Agreement in City's reasonable
<br /> determination, then City and Developer shall meet and confer to address amendments and
<br /> revisions to this Agreement as necessary.
<br /> 2.9 Relocation Prior to Develo rnent of Project. If relocation is required prior to the
<br /> completion of development of the Project, Developer shall have the sole and exclusive
<br /> responsibility for 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.
<br /> 2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
<br /> necessary to remove any future mechanic's liens or other similar liens (including design
<br /> professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
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