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E. On December 21. 2095, the Program Director, acting on behalf of the City, <br />approved an Inclusionary Housing Plan that was prepared by the <br />Developer in accordance with the requirements imposed by the <br />Ordinance. <br />F. This Inclusionary Housing Agreement, when fully executed by the City and <br />the Developer and recorded, is intended to satisfy the requirement that the <br />Developer enter into an Inclusionary Housing Agreement, as set forth in <br />the Ordinance and the conditions to City Approvals. <br />NOW, THEREFORE, in consideration of the mutual promises set forth in this <br />Inclusionary Housing Agreement and other good and valuable consideration, the <br />receipt and sufficiency of which Is acknowledged by the City and the Developer, <br />the Parties, agree as follows: <br />DEFINITIONS OF TERMS <br />The following words, terms and phrases are used in this Inclusionary Housing <br />Agreement, as follows, unless the particular context of usage of a word, term or <br />phrase requires another interpretation. <br />Administrative Procedures means the regulations promulgated by the <br />Executive Director pursuant to the Ordinance. <br />City means the City of Santa Ana, California, <br />City Approvals are defined as the entitlement approvals and the Inclusionary <br />Housing Plan that must be approved by the Program Director prior to the <br />issuance of building permits for the Project. <br />City Council means the City of Santa Ana City Council. <br />Default means the failure of a Party to perform any action or covenant required <br />by this Inclusionary Housing Agreement within the time period provided herein <br />following notice and opportunity to cure, as set forth in Article 3 — Section I of this <br />Inclusionary Housing Agreement. <br />Developer means the developer of the Project. <br />Induslonary Housing Agreement Page 2 <br />City of Santa Ana <br />