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[WRIM11.y11c3 <br />"Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance of any <br />kind, including any conditional sale or other title retention agreement, any lease in the nature <br />thereof, and any agreement to give any lien or security interest. <br />"Median Income for the Area" means the median income for Orange County, California <br />PMSA as most recently determined by HUD. Also may be referred to interchangeably in the <br />Inclusionary Grant Documents as "Area Median Income" or "AMP'. <br />"Premises" means that portion of the Property and any Improvements thereon that is located <br />at 416 Vance Street (APN 398-041-22), Santa Ana, CA 92701, as more fully described in the "Legal <br />Description" attached to the Agreement as Exhibit A and incorporated herein by reference. <br />"Project" means the construction of the Improvements upon the Property by Developer <br />pursuant to the Agreement. <br />"Property" means the property that is located at 416 Vance Street (APN 398-041-22), Santa <br />Ana, CA 92701 in the City of Santa Ana. <br />"Restricted Units" means the two (2) "Housing Units" at the Project, which shall and will <br />be restricted to an affordable home purchase price based on the California Health and Safety Code <br />Section 50052.5 calculation methodology and the median incomes distributed by HUD for a period <br />of not less than ninety-nine (99) years recorded against the Premises in the Official Records, <br />County of Orange, California. <br />"Term of Affordability" or "Affordability Period" means the terms and conditions <br />contained herein shall remain in effect for ninety-nine (99) years from the date of the Ground <br />Lease. <br />2. Use of the Premises. Except while Habitat is the initial Tenant under the Ground <br />Lease, Tenant covenants and agrees, for itself, its successors, its assigns, and every successor in <br />interest to the Premises any part thereof, that Tenant is a Moderate -Income Household, as provided <br />in these Restrictions. Tenant agrees that during the Term of Affordability, the Premises shall be <br />used only for decent, safe, sanitary and Affordable Housing pursuant to the affordability <br />requirements of California Health and Safety Code ("H&S") sections 50052.5 and 33334.3, as <br />applicable. <br />3. Premises Affordabilitv and Maintenance Restrictions. <br />3.1 Affordability Restrictions: <br />A. Tenant agrees and covenants, which covenants shall run with the land and bind <br />Tenant, its successors, its assign and every successor in interest to the Property that Tenant will only <br />enter into Affordable Mortgages and only make the Restricted Unit on the Premises available for <br />resale to Moderate Income Households at an Affordable Housing purchase price based on the <br />California Health and Safety Code Section 50052.5 calculation methodology and the median <br />incomes distributed by HUD during the Term of Affordability. Tenant agrees that, upon <br />