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ARTICLE 2 <br />INCLUSIONARY HOUSING COVENANTS <br />I. Developer Compliance with the Ordinance <br />The Developer acknowledges that the City has provided the Developer with <br />copies of the Ordinance and the Administrative Procedures Manual. The <br />Developer is familiar with the requirements of all the foregoing documents and <br />shall ensure that the Project complies in all material respects with this <br />Inclusionary Housing Agreement and the requirements set forth in all the <br />foregoing documents. <br />II. Inclusionary Housing Covenants <br />The Developer covenants and agrees that six (6) of the units to be developed on <br />the Property shall be Inclusionary Units reserved for sale at the Affordable Sales <br />Price and occupancy by Homebuyers whose Gross Household Income at the <br />time of occupancy of each Inclusionary Unit does not exceed the household <br />income qualification limits of a Moderate Income Household. This covenant and <br />agreement shall be binding on the successors and assigns of Developer, as set <br />forth herein and in the Inclusionary Housing Covenants Declaration (Exhibit 5) <br />and the City Deed of Trust (Exhibit 6). <br />II -A. The Inclusionary Units to be developed on the Property shall be <br />reasonably dispersed throughout the market rate project as depicted on <br />Exhibit 3. The Developer may change the location of any Inclusionary <br />Unit to another area within the Project upon approval of the Program <br />Director. Changes in the location of Inclusionary Units as approved on the <br />Tentative Subdivision Map in which the Project is included shall be made <br />consistent with all requirements of the Ordinance and the Administrative <br />Procedures Manual, and shall be subject to the approval of the Program <br />Director, such approval not to be unreasonably withheld. <br />II -B. The Inclusionary Units to be developed on the Property shall be <br />proportional in the number of bedrooms to the market rate units in the <br />Project; they shall be comparable to the market rate units in terms of <br />design, materials, finished quality and appearance; and be permitted the <br />same access to the Project amenities and recreation facilities as the <br />market rate units. <br />Inclusionary Housing Agreement - Ownership Project Page 14 <br />City of Santa Ana <br />