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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 />1.1.18 "Project" means that certain affordable residential development as more <br />particularly described in the Recitals 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 "Term" means the period during which this Agreement shall be in full <br />force and effect, as provided for in Section 5.1 below. <br />1.1.22 "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 />1.1.23 "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 />1.1.24 "Very -Low Income Tenant(s)" means a Household whose income does <br />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 <br />a part of, this Agreement: <br />1.2.1 <br />Exhibit A <br />— Legal Description of the Property <br />1.2.2 <br />Exhibit B <br />— Tenant Verification <br />1.2.3 <br />Exhibit C <br />— Annual Tenant Recertification <br />1.2.4 <br />Exhibit D <br />— Annual Rental Housing Compliance Report <br />1.2.5 <br />Exhibit E <br />— 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 <br />development, operation and maintenance of, the Property as fifteen (15) unit rental residential <br />community, with three (3) Affordable Units for Eligible Households. <br />2 <br />2130 East Fourth Street Density Bonus Agreement <br />5 53 94.0010 1 \43846773.1 <br />