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payments made pursuant to the Housing Opportunity Ordinance by the developer of that certain <br />mixed-use development to be located at 2001 East Dyer Road, Santa Ana, California. <br />D. The amount of the Inclusionary Loan was determined based upon the City's <br />review of the Developer's request for the receipt of the Inclusionary Loan and the development <br />proforma and projected cash flows for the Project submitted by the Developer to the City as of <br />March 18, 2016 ("Proforma"). The City Manager has authority to approve revised development <br />proformas and projected cash flows for the Project; provided, however, that the Inclusionary <br />Loan is not materially increased or extended. <br />E. In furtherance of the Inclusionary Housing Program, Developer has applied to the <br />City for a loan with which to: <br />1. Provide deeper affordability and construct the improvements to the Property, <br />and <br />2. Thereafter to maintain, operate and professionally manage the Project as <br />decent, safe, sanitary and affordable rental housing. <br />F. The City, on certain terms and conditions, desires to make such hiclusionary Loan <br />to Developer in order to make possible the construction of the Project, thereby expanding the <br />supply of decent, safe, sanitary and affordable housing. <br />G. If there is any inconsistency between Federal, State, and local guidelines with <br />regard to any of the terms and conditions contained herein, the more stringent shall apply. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained, City and Developer agree as follows: <br />DEFINITIONS AND INTERPRETATION <br />1.1 Defined Terms. All capitalized terms used herein, including, without limitation, <br />in the Recitals above and in all other Project Documents, unless otherwise expressly defined, are <br />defined where first used in this Agreement and/or as set forth in this Article 1. <br />"Affordable Housing" means the total housing costs paid by a qualifying <br />household, which shall not exceed the fraction of gross income specified, as follows, in <br />accordance with Sections 50052.5 and 50053 of the Health & Safety Code: <br />Very Low -Income Households. Thirty (30) percent of the income of a household earning <br />fifty (50) percent of the Orange County median income adjusted for family size <br />appropriate for the unit. <br />Low -Income Households, Thirty (30) percent of the income of a household carning <br />seventy (70) percent of the Orange County median income for for -sale units, and thirty <br />(30) percent of the income of a household earning sixty (60) percent of the Orange <br />F46111mo <br />