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<br />4 <br />9138-126780\1517029.2 <br />1.1.19 "Median Income" means the Orange County, California area median <br />income, adjusted for family size, as periodically published by HCD. <br /> <br />1.1.20 "Monthly Rent" means the total of monthly payments for: (a) use and <br />occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately <br />charged fees or service charges assessed by Developer which are required of all tenants, other than <br />security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate <br />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, 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 /> <br />1.1.21 "Project" means that certain affordable residential development as more <br />particularly described in Recital B and Section 2 of this Agreement. <br /> <br />1.1.22 "Property" means that certain real property more particularly described in <br />the legal description in Exhibit A and improvements thereon. <br /> <br />1.1.23 "State Density Bonus Law" means Government Code sections 65915, et <br />seq., as they exist on the Effective Date. <br /> <br />1.1.24 "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 /> <br />1.1.25 "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 /> <br />1.1.26 “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 /> <br />1.2 Exhibits. The following documents are attached to, and by this reference made a <br />part of, this Agreement: <br /> <br />1.2.1 Exhibit A – Legal Description of the Property <br /> <br />1.2.2 Exhibit B – Tenant Verification <br /> <br />1.2.3 Exhibit C – Annual Tenant Recertification <br /> <br />1.2.4 Exhibit D – Annual Rental Housing Compliance Report <br /> <br />1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property <br />EXHIBIT 5