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Effective Date means the date on which this Inclusionary Housing Agreement is <br />approved and executed by appropriate authorities of the Developer and the City; <br />and this Inclusionary Housing Agreement is delivered to the Developer. <br />Executive Director is the Executive Director of the Community Development <br />Agency of the City. The Executive Director, or designee, has the ultimate <br />authority to evaluate appeals submitted in relation to the Administrative <br />Procedures. <br />Exhibits means the exhibits to this Inclusionary Housing Agreement, which are <br />listed in Article 1 - Section V. <br />Incluslonary Housing Fund means a separate fund of the City which is codified <br />in Article XVIII.1 Section 41 -1909 of the City's Municipal Code. The fund was <br />established for the specific purpose of providing the City with funds to assist in <br />the development of housing that is affordable to low and moderate income <br />households. <br />Inclusionary Housing Plan means a plan submitted for approval to the Program <br />Director that details the manner in which the Inclusionary Housing obligations will <br />be fulfilled by the Project. The Inclusionary Housing Plan is attached as Exhibit 3 <br />to this Inclusionary Housing Agreement. <br />In -Lieu Fee refers to a fee that may be paid by the Property Owner in specific <br />circumstances in lieu of providing Inclusionary Units within a Project, as provided <br />in the Ordinance. <br />Ordinance means the Housing Opportunity Ordinance originally adopted by the <br />City Council on November 28, 2011, and as amended by the City Council on <br />September 1, 2015, in Ordinance No, NS -2881, and on October 6, 2015, in <br />Ordinance No. NS -2885, which is codified in Article XVIII.1 Section 41 -1900 et <br />seq. of the City's Municipal Code. <br />Party and Parties mean the City and the Developer as parties to this <br />Inclusionary Housing Agreement. <br />Program Director has the day -to -day authority for making determinations <br />related to the Ordinance and its implementation. The Program Director will be <br />appointed by the Executive Director. <br />Inclusionary Housing Agreement Page 3 <br />City of Santa Ana <br />25A -7 <br />