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ARTICLE 2 <br />INCLUSIONARY HOUSING COVENANTS <br />I. Property Owner Compliance with the Applicable Provisions <br />The Property Owner acknowledges that the City has provided the Property <br />Owner with copies of the Ordinance and the Draft Manual. The Property Owner <br />is familiar with the requirements of the Applicable Provisions. Property Owner <br />shall ensure that the Project complies in all material respects with this <br />Inclusionary Housing Agreement, including the Applicable Provisions, the <br />Inclusionary Housing Plan attached as Exhibit 4, and the Draft Manual. <br />However, any inconsistency between one or more of the Inclusionary Housing <br />Agreement, the Inclusionary Housing Plan, and /or the Draft Manual shall be <br />resolved in favor of the terms of this Inclusionary Housing Agreement. Any <br />inconsistency solely between the Inclusionary Housing Plan and the Draft <br />Manual shall be resolved in favor of the terms of the Draft Manual. Without <br />limiting the range of inconsistencies which now or potentially may exist between <br />those documents, specific inconsistencies exist at the time that the City and the <br />Property Owner entered into this Inclusionary Housing Agreement which shall be <br />controlled by the terms of this Inclusionary Housing Agreement are noted and <br />addressed as follows: <br />• None of the provisions of the Draft Manual pertaining to Very Low Income <br />and /or Very Low Income Households shall apply to the Project. <br />• None of the provisions of the Draft Manual pertaining to In Lieu Fees shall <br />apply to the Project. <br />• Modifications to the Draft Manual or to Draft, as defined in the Draft <br />Manual, shall not apply to the Project. <br />• The number, location, and type of Inclusionary Units shall be governed <br />exclusively by this Inclusionary Housing Agreement. <br />• The number of bedrooms in the Inclusionary Units shall be governed <br />exclusively by this Inclusionary Housing Agreement. <br />• Using the income formulas required by this Inclusionary Housing <br />Agreement, Property Owner shall determine tenant eligibility based upon <br />Inclusionary Housing Agreement— Rental Project Page 12 <br />City of Santa Ana September 18, 2014 <br />