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F. Execution of this Agreement memorializes the requirements of the City's Inclusionary Zoning <br />Ordinance (Ordinance 1818) for the Project and shall be in lieu of paying the City's Lower <br />Income Housing Fee for this Project. <br />NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions <br />contained herein, City and Developer agree as follows: <br />A. Of the l 10 homes authorized for development by the PUD Development Plan approved by the <br />City Council by its Ordinance 21-YYY, eighteen (18) shall be "Affordable" units. The 18 units <br />required to meet the IZO shall be available for purchase to households with annual incomes at or <br />below 1304'0 of the Area Median Income (AMI) as set forth herein. The Affordable units shall be <br />at least 1,200 square feet and shall be consistent with the following: <br />Unit Type <br />Moderate Income <br />(120% of AMI) <br />2 Bedroom <br />18 <br />Total <br />18 <br />Area Median Income (AMI) shall mean the area median income for San Francisco -Fremont <br />Metropolitan Statistical Area adjusted for household size in accordance with adjustment factors <br />adopted and amended from time to time by the United States Department of Urban Development <br />(HUD) pursuant to Section 8 of the United States Housing Act of 1937 or any successor Statute. <br />B. Affordable unit sales prices shall be based on the following household sizes: <br />Unit Type Household Size <br />2 Bedroom Unit Three (3) person household <br />C. The sales prices for each of the Affordable units shall be calculated based on a maximum sales <br />price for a three (3) person household (regardless of the number of qualified applicants at the <br />time of sale or thereafter) calculated by the City in accordance with its Pleasanton <br />Homeownership Assistance Program guidelines and restrictions, as such restrictions have been <br />modified and approved by the City Council for this Project in the form attached hereto as <br />Attachment? (the "Merritt Property Age -Qualified Community Homes PHAP Requirements" ). <br />In the event that there are improved marketing strategies for securing qualified buyers, or there is <br />an inadequate pool of qualified buyers, for the Affordable units, the Developer may propose <br />revisions to the PHAP Requirements to attract additional qualified buyers. Such revisions to the <br />PHAP Requirements shall be subject to review and approval by the Community Development <br />Director. <br />At the initial sales for the Project, sales prices for Affordable units shall be based on the AMI at <br />the time the City issues a Certificate of Occupancy for each unit. Thereafter, prices shall adjust <br />consistent with HUD adjustments in the AMI. If HUD fails to issue revised Area Median <br />Income/ household income statistics for the San Francisco -Oakland -Fremont Metropolitan <br />Statistical Area within 12 months of the previous revision. sales prices for the Affordable units <br />may be adjusted based on the annual percentage increase in the San Francisco -Oakland <br />Consumer Price Index for urban wage earners and clerical workers. <br />D. The Affordable units shall be located in the alley -loaded and courtyard housing, as shown on the <br />Project PUD site plan. The Affordable units shall be constructed concurrent with construction of <br />the market -rate units. <br />E. Sales of the Affordable units shall be in accordance with City eligibility and income guidelines in <br />conformance with the City's Preference System for City Assisted Affordable Rental and <br />