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One (21) will be affordable to Moderate Income Households (collectively the "Affordable <br />Units"), which must conform with City Zoning Code Article 29 (Requirements for Affordable <br />Housing). The Thirty -Eight (38) units affordable to Low Income Households are also subject to <br />the Density Bonus Law (Government Code Section 65915 and Section 32.19 et seq. of the <br />Municipal Code). This Agreement serves as the Affordable Housing Agreement required under <br />Condition 30(e) of the Conditions of Approval. <br />E. In order to ensure that the entire Project will be used and operated in accordance <br />with these conditions and restrictions, the City and the Owner wish to enter into this Agreement. <br />THEREFORE, the City and the Owner hereby agree as follows: <br />ARTICLE 1. <br />DEFINITIONS <br />1.1 Definitions. When used in this Agreement, the following terms shall have the <br />respective meanings assigned to them in this Article 1. <br />(a) "Actual Household Size" means the actual number of persons in the <br />applicable household. <br />(b) "Adjusted Income" means the total anticipated annual income of all <br />persons in a household, as calculated in accordance with 25 California Code of Regulations <br />Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar <br />method of calculation of adjusted income. In the event that no such program exists, the City <br />shall provide the Owner with a reasonably similar method of calculation of adjusted income as <br />provided in said Section 6914. <br />(c) "Agreement" means this Regulatory Agreement and Declaration of <br />Restrictive Covenants. <br />(d) "Assumed Household Size" shall have the meaning set forth in <br />Section 2.2(c). The definition is utilized to calculate affordable rent and is not intended to be a <br />limit on the number of persons occupying a unit. <br />(e) "City" means the City of Redwood City, a municipal corporation. <br />(f) "Conditions of Approval" has the meaning set forth in Recital C, above. <br />(g) "Development" has the meaning set forth in Recital B, above. <br />(h) "Improvements" means the two hundred fifty-two (252) residential units <br />to be constructed on the Property, all common areas, amenities, plans, entitlements, <br />appurtenances, improvement easements, buildings and fixtures associated with the Property. <br />(i) "Low Income Household" shall mean a household with an Adjusted <br />Income that does not exceed the qualifying limits for lower income households, adjusted for <br />REV: 04-07-2022 SK <br />ATTY/AGR.2022.067/IQHQ Elco Yards, LP and Kopf & Kopf LLC (Page 2 of 19) <br />