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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, to the extent applicable and charged to a Household, 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 />1.1.18 "Project" means that certain residential development as more particularly <br />described in Recital B and Section 2 of this Agreement. <br />1.1.19 "Property" means that certain real property 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, et <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 the Developer pursuant to this Agreement. <br />1.1.22 "Unrestricted Units" means the Units within the Project to be constructed <br />by Developer to a Household without restriction. <br />1.1.23 "Very Low Income Tenant" means a Household whose income does not <br />exceed fifty percent (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 D — Annual Rental Housing Compliance Report <br />1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property <br />2. DEVELOPMENT OF THE PROPERTY <br />2.1 Project. Developer shall develop, operate, and maintain, or cause the development <br />operation and maintenance of, the Property as a twenty-two (22) Unit residential development, <br />with two 2 Affordable Units for Very Low Income Tenants. <br />2 <br />