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CITY COUNCIL DRAFT
<br />2.6.2 Affordable Units. The Project, for purposes of this Agreement, shall have
<br />no less than five (5) Affordable Units, for Moderate Income Households, as set forth in Section
<br />2.6.3, and pursuant to the terms and conditions of this Agreement. The Affordable Units shall be
<br />consistent with the Project Approvals, comparable in bedroom distribution and amenities to the
<br />Unrestricted Units, and shall be located throughout the Project as required under Santa Ana
<br />Municipal Code section 41-1602(c)(5).
<br />2.6.3 Unit Mix. Four (4) Affordable Units shall be three -bedroom units and one
<br />(1) Affordable Unit shall be a four -bedroom unit. The Affordable Units shall be consistent with
<br />the Project Approvals for the Project.
<br />2.7 Minimum Development Standards for Affordable Units. The Affordable Units
<br />shall be constructed with the same exterior appearance and interior features, fixtures, and
<br />amenities, and shall use the same type and quality of materials as provided for any base
<br />Unrestricted Units, regardless of whether such Unrestricted Units are in the Project.
<br />Notwithstanding the foregoing, nothing herein shall be construed to limit the ability of purchasers
<br />of Unrestricted Units to purchase upgrades for such units.
<br />2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and
<br />expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be
<br />secured any and all permits that may be required for development of the Project by City or any
<br />other federal, state, or local governmental entity having or claiming jurisdiction over the Property
<br />or Project. Upon securing any and all permits, and all necessary financing and property interests,
<br />Developer shall carry out and perform the development, operation, and maintenance of the Project
<br />or cause the performance of the development, operation, and maintenance of the Project, in
<br />conformity with all applicable federal, state, and local laws and regulations, and all conditions of
<br />approval issued by the City Council and City's Planning Commission for the Project, inclusive of
<br />the Project Approvals. Any changes to the Project shall be reviewed by the City Manager to
<br />determine compliance with this Agreement. If any changes to the Project shall materially alter the
<br />ability of Developer to comply with any terms of this Agreement in City's reasonable
<br />determination, then City and Developer shall meet and confer to address amendments and
<br />revisions to this Agreement as necessary.
<br />2.9 Relocation Prior to Development of Project. If relocation is required prior to the
<br />completion of development of the Project, Developer shall have the sole and exclusive
<br />responsibility for providing relocation assistance and paying all relocation costs as may be required
<br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity
<br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of
<br />City's choosing and the consent of Developer, which shall not be unreasonably withheld, and
<br />which may be joint defense counsel upon City's and Developer's consent), and hold harmless City
<br />and all of its officials, officers, employees, representatives, volunteers and agents from any and all
<br />alleged or actual claims, causes of action, liabilities, and damages from any third party for
<br />relocation assistance, benefits and costs prior to the completion of the development of the Project.
<br />2.10 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably
<br />necessary to remove any future mechanic's liens or other similar liens (including design
<br />professional liens) against the Property or Project, or any part thereof, by reason of work, labor,
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