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(d) Recovery of costs. In any action to enforce this Article, or an Inclusionary <br />Housing Agreement recorded hereunder, the City shall be entitled to recover <br />its reasonable attorney's fees and costs. <br />Section 11. Section 41-1909 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 41-1909. Inclusionary Housing Fund <br />(a) Inclusionary Housing Fund. There is hereby established a separate fund of <br />the City, to be known as the Inclusionary Housing Fund. All monies <br />collected pursuant to this Article shall be deposited in the Inclusionary <br />Housing Fund. Additional monies from other sources may be deposited in <br />the Inclusionary Housing Fund. The monies deposited in the Inclusionary <br />Housing Fund shall be subject to the following conditions: <br />(1) Monies deposited into the Inclusionary Housing Fund must be used <br />to increase and improve the supply of housing affordable to <br />Moderate, Low and Very Low Income Households in the City. <br />Monies may also be used to cover reasonable administrative or <br />related expenses associated with the administration of this Article. <br />(2) The fund shall be administered by the Executive Director, or his or <br />her designee, who may develop procedures to implement the <br />purposes of the Inclusionary Housing Fund consistent with the <br />requirements of this Article and any adopted budget of the City. <br />(3) Monies deposited in accordance with this Section shall be used in <br />accordance with the City's Housing Element, Redevelopment Plan, <br />Consolidated Plan, or subsequent plan adopted by the City Council to <br />construct, rehabilitate, or subsidize affordable housing or assist other <br />government entities, private organizations, or individuals to do so. <br />Permissible uses include, but are not limited to, assistance to housing <br />development corporations, equity participation loans, grants, pre- <br />home ownership co-investment, pre-development loan funds, <br />participation leases, or other public-private partnership arrangements. <br />The Inclusionary Housing Fund may be used for the benefit of both <br />rental and owner-occupied housing. <br />Section 12. Section 41-1910 is added to Chapter 41 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Ordinance No. NS-XXX <br />758-39 Page 15 of 17