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water, electricity, gas and other heating, cooking and refrigeration fuels, but not including <br /> telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory <br /> interest, taxes or other fees or charges assessed for use of the land and facilities associated <br /> therewith by a public or private entity other than Developer. In the event that certain utility charges <br /> are paid by the landlord rather than the tenant,no utility allowance shall be deducted from the rent <br /> for that type of utility charge. <br /> 1.1.18 "Project" means that certain affordable residential development as more <br /> particularly described in the Recitals and Section 2 of this Agreement. <br /> 1.1.19 "Property" means that certain real property more particularly described in <br /> the legal description in Exhibit A and improvements thereon. <br /> 1.1.20 "State Density Bonus Lave" means Government Code sections 65915, et <br /> seq., as they exist on the Effective Date. <br /> 1.1.21 "Term" means the period during which this Agreement shall be in full <br /> force and effect, as provided for in Section 5.1 below. <br /> 1.1.22 "Unit" means a residential dwelling unit within the Project to be <br /> constructed or caused to be constructed by Developer pursuant to this Agreement. <br /> 1.1.23 "Unrestricted Units"means the Units within the Project to be constructed <br /> or caused to be constructed by Developer to a Household without restriction. <br /> 1.1.24 "Very-Low Income Tenant(s)" means a Household whose income does <br /> not exceed fifty (50%) of the area median income for the Orange County, California PMSA, <br /> adjusted for household size, as published by HCD. <br /> 1.2 Exhibits. The following documents are attached to, and by this reference made <br /> a part of, this Agreement: <br /> 1.2.1 Exhibit A—Legal Description of the Property <br /> 1.2.2 Exhibit B--Tenant Verification <br /> 1.2.3 Exhibit C—Annual Tenant Recertification <br /> 1.2.4 Exhibit D—Annual Rental Housing Compliance Report <br /> 1.2.5 Exhibit E Notice of Affordability Restrictions on Transfer of Property <br /> 2. DEVELOPMENT OF THE PROPERTY <br /> 2.1 Project. Developer shall develop, operate, and maintain, or cause the <br /> development, operation and maintenance of, the Property as fifteen (15) unit rental residential <br /> community,with three (3)Affordable Units for Eligible Households, <br /> 4 <br /> 2130 East Fourth Street Density Bonus Agreement <br /> 5 5394.00101\43 846773.1 <br />