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6 <br /> <br />1.4. The Project <br /> Developer shall construct the Project in accordance with this Agreement. The Project <br />consists of various Elements, as described below and in other sections herein. A detailed <br />description of the improvements to be constructed by Developer and City pursuant to this <br />Agreement is set forth in the Scope of Development which is attached hereto as Exhibit I and <br />incorporated herein. <br /> <br />1.4.1. Single-Family Element. Developer shall design and construct not less <br />than two hundred (200) and up to two hundred fifteen (215) for-sale single-family homes, with <br />the final number subject to the City’s approval of the Project Approvals for the Single Family <br />Element. The Single Family Element shall consist of a mix of single-family townhomes and <br />detached single-family homes in accordance with the Scope of Development and the Project <br />Approvals, as defined in Section 2.1 hereof. The Single-Family Element shall include, but is not <br />limited to, construction of streets, sidewalks, landscaping, lighting and all onsite and offsite <br />utilities, including but not limited to sanitary sewer, storm drain, water, natural gas, electricity <br />and fiber optic internet service to all units, all in conformance with the Scope of Development, <br />City Building and Zoning codes and pursuant to plans to be approved by the City. All single- <br />family homes shall include sustainability measures in accordance with Section 1.4.15 hereof. <br />The Single-Family Element shall be subject to all of the requirements of the City’s <br />Inclusionary Housing Ordinance (San Leandro Zoning Code section 6-3000 et seq.), which <br />requires fifteen percent (15%) of the units to be restricted to occupancy by moderate income or <br />low-income households, unless an alternative means of compliance is approved in accordance <br />with Section 6-3016. As an alternate means of compliance, Developer shall provide not less than <br />six percent (6%) of the units as workforce housing, restricted to sale at a price affordable to <br />households earning up to 135% of the Area Median Income, and to provide not less than four <br />percent (4%) of the units as moderate income housing, restricted to sale at a price affordable to <br />households earning up to 120% of the Area Median Income, and to pay an in lieu fee equal to <br />$10 per square foot of all Single Family Element residential gross floor area (exclusive of garage <br />and off-street parking areas, decks and patios), multiplied by the remaining percentage of the <br />required inclusionary housing units, divided by fifteen (15). For example, if Developer elects to <br />satisfy the Inclusionary Housing Ordinance by performing the minimum required amount of <br />construction of workforce housing and moderate income housing, and constructs exactly six <br />percent (6%) of the units as workforce housing, and constructs exactly four percent (4%) of the <br />units as moderate income housing, the remaining percentage of the required inclusionary housing <br />units would be five percent (5%), and the in lieu fee would be $10 per square foot of all Single <br />Family Element residential gross floor area (exclusive of garage and off-street parking areas, <br />decks and patios), multiplied by one-third (5 divided by 15)). The method of compliance with the <br />Inclusionary Housing Ordinance is set forth in the Single Family Parcel Purchase and Sale <br />Agreement (as defined below), and shall be described in greater detail in an Inclusionary <br />Housing Plan approved by the City and an Inclusionary Housing Agreement to be executed by <br />Developer and City with respect to the Single Family Element pursuant to Section 6-3014 of the <br />City Zoning Code. <br />The Single-Family Element shall be located on that portion of the existing nine- <br />hole Marina Golf Course owned by the City and described on Exhibit B, attached hereto and