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IV. Recitals <br />The Recitals set forth above are true and correct. The Recitals are incorporated <br />into this Inclusionary Housing Agreement in their entirety by this reference. <br />V. Exhibit List <br />The following is a list of the exhibits attached to this Inclusionary Housing <br />Agreement. Each of the exhibits is incorporated by reference into the text of this <br />Inclusionary Housing Agreement. <br />Exhibit A Legal Description of Property <br />Exhibit B Site Map Depicting Property and Zoning Designations <br />Exhibit C Calculations of In -Lieu Fee (Inclusionary Housing Plan) <br />ARTICLE 2 <br />INCLUSIONARY HOUSING COVENANTS <br />VI. Developer Compliance with the Ordinance <br />The Developer acknowledges that the City has provided the Developer with <br />copies of the Ordinance and the Administrative Procedures Manual. The <br />Developer is familiar with the requirements of all the foregoing documents and <br />shall ensure that the Project complies with this Inclusionary Housing Agreement <br />and the requirements set forth in all the foregoing documents. <br />VII. In -Lieu Fee <br />On August 4, 2015, the Santa Ana City Council approved Developer's <br />application to pay a fee in lieu of constructing all of the required <br />inclusionary units, based on substantial evidence supporting a finding that <br />the cost of providing inclusionary units on site would substantially exceed the <br />amount of the applicable in -lieu fee. <br />Accordingly, in lieu of providing any Inclusionary Unit specified in the Inclusionary <br />Housing Plan, the Developer shall pay to the City of Santa Ana the sum of <br />Inclusionary Housing Agreement Page 10 <br />City of Santa Ana February 17, 2015 <br />1603\14\1654522.2 <br />