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level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, <br />water, electricity, gas and other heating, cooking and refrigeration fuels, but not including <br />telephone or cable service, and (d) possessory interest, taxes or other fees or charges assessed for <br />use of the land and facilities associated therewith by a public or private entity other than Developer. <br />In the event that certain utility charges are paid by the landlord rather than the tenant, no utility <br />allowance shall be deducted from the rent for that type of utility charge. <br />1.1.18 "Project" means that certain mixed use commercial and residential <br />development as more particularly described in Recital B and Section 2 of this Agreement. <br />1.1.19 "Property" means that certain real properly more particularly described in <br />the legal description in Exhibit A and improvements thereon. <br />1.1.20 "State Density Bonus Law" means Government Code sections 65915, of <br />seq., as they exist on the Effective Date. <br />1.1.21 "Unit" means a residential dwelling unit within the Project to be <br />constructed by Developer pursuant to this Agreement. <br />1.1.22 "Unrestricted Units" means the Units within the Project to be constructed. <br />by Developer m a Household without restriction. <br />1.1.23 "Very Low Income Tenant" means persons and families whose income <br />does 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 a <br />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 t) Annual Rental Housing Compliance Report <br />1.2.5 Exhibit E ...- Notice of Affordability Restrictions on Transfer of Property <br />1.2.6 Exhibit F Parking Management Plan <br />2. DEVELOPMENT OF THE PROPERTY <br />2.1 Project. Developer shall develop, operate, and maintain the Property as a two- <br />hundred and twenty (220) Unit mixed use commercial and residential development, with eleven <br />11 Affordable Units for Very Low Income Tenants. <br />4 <br />