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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 />Effective Date means the date on which this Inclusionary Housing Agreement is <br />approved and executed by appropriate authorities of the Developer and the City; <br />and this Inclusionary Housing Agreement is delivered to the Developer. <br />Executive Director is the Executive Director of the Community Development <br />Agency of the City. The Executive Director, or designee, has the ultimate <br />authority to evaluate appeals submitted in relation to the Administrative <br />Procedures. <br />Exhibits means the exhibits to this Inclusionary Housing Agreement, which are <br />listed in Article 1 —Section V. <br />Inclusionary Housing Fund means a separate fund of the City which is codified <br />in Article XVI11.1 Section 41-1909 of the City's Municipal Code. The fund was <br />established for the specific purpose of providing the City with funds to assist in <br />the development of housing that is affordable to low and moderate income <br />households. The allowable uses of Inclusionary Housing Funds, and the related <br />reporting are described in Attachment I of the Administrative Procedures Manual. <br />Inclusionary Housing Plan means a plan submitted for approval to the Program <br />Director that details the manner in which the Inclusionary Housing obligations will <br />be fulfilled by the Project. The Inclusionary Housing Plan form is presented in <br />Attachment B of the Administrative Procedures Manual, and also attached as <br />Exhibit 3 to this Inclusionary Housing Agreement. <br />In -Lieu Fee refers to a fee that may be paid by the Property Owner in specific <br />circumstances in lieu of providing Inclusionary Units within a Project. These <br />Inclusionary Housing Agreement - in -Lieu Fee Payment Page 3 <br />city of Santa Ana <br />r <br />