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pursuant to the HOME Regulations.] [confirm] The HOME Units shall be "fixed" HOME Units, <br />such that the specific Housing Units designated as HOME Units shall not change. Developer shall <br />designate eleven (11) of the Housing Units as HOME Units, subject to approval by the Executive <br />Director and in accordance with this paragraph, the HOME Program, and the HOME Regulations. <br />"Housing Unit" or "Housing Units" means the thirty-six (36) individual apartment units at <br />the Property to be constructed, leased, managed, and operated by Developer as long term Affordable <br />Housing and in implementation of the Project (inclusive of the Affordable Units and the HOME <br />Units). <br />"HUD" means the United States Department of Housing and Urban Development and any <br />successors or assigns thereof. <br />"Improvements" means all improvements and fixtures to be constructed by Developer at the <br />Property, including, without limitation, landscaping, trees and plant materials; and offsite <br />improvements (including, without limitation, streets, curbs, storm drains, and adjacent street <br />lighting), all as more specifically defined in Section 301 and in the Scope of Development attached <br />hereto. <br />"Indemnitees" means City and Agency, and their past and present elected officials, officers, <br />employees, attorneys, contractors, elective and appointive boards and commissions, representatives, <br />agents, and volunteers. <br />"Legal Description" means the legal description of the Property attached hereto as Exhibit A <br />and incorporated herein. <br />"Loan Documents" means, collectively, this Agreement, the City Promissory Note, the City <br />Deed of Trust, the Agency Promissory Note, the Agency Deed of Trust, the Affordability <br />Restrictions, and any other agreement, document, or instrument that the City or Agency requires in <br />connection with the Loans or from time to time to effectuate the purposes of this Agreement. <br />"Loans" means the Agency Loan and the City Loan. <br />"Notice" is defined in Section 2102. <br />"NSP Loan" means the loan made to the Developer by the City pursuant to that certain <br />Neighborhood Stabilization Program Rental Housing Development Loan Agreement, dated as of <br />June 1, 2010. Developer used the proceeds of the NSP Loan to pay the cost of acquiring the <br />Property. <br />"NSP Covenants" means those certain Affordability Covenants and Restrictions by and <br />between Developer and City, recorded against the Property in the official records of Orange County, <br />California on June 2, 2010 as Instrument No. 2010000258490, which set forth certain affordability, <br />use and maintenance restrictions applicable to the Property and the Project. <br />"NSP Deed of Trust" means that certain City Deed of Trust and Assignment of Rents <br />recorded against the Property in the Official Records on June 2, 2010 as Instrument <br />No. 2010000258491, which secures repayment of the NSP Loan. <br />"NSP Documents" is defined in Recital B. <br />250-13