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IN-WRANCE N01" RE)UIRE IJ <br />WORK k1AY P!4OGEFO <br />(l b" K 01, COUNGII. <br />'DITC' APR 2 3 2010 <br />t>hW FREE RECORDING REQUESTED PURSUANT <br />C�wwiM AwoTO GOVERNMENT CODE SECTION 6103 & 27383 <br />When Recorded Mail to: <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />P.O. BOX 1988 <br />Santa Ana, California 92702 <br />Attention: Clerk of the Council <br />AFFORDABILITY RESTRICTIONS <br />ON TRANSFER OF PROPERTY <br />(Address: 2223 West Fifth Street, Santa Ana, California) <br />A-2019-058-01 <br />THESE AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY (the <br />"Restrictions") are entered into by and between Tiny Tim LP, a California limited partnership <br />("Developer") and the City of Santa Ana, a charter city and municipal corporation ("City"). <br />RECITALS: <br />A. The City's Housing Opportunity Ordinance ("Ordinance") was originally adopted <br />by the City Council on November 28, 2011 (Ordinance No. NS -2825), and is codified in Article <br />XVIII.I of the Santa Ana Municipal Code ("SAMC"). The Ordinance was amended by the City <br />Council on September 1, 2015 (Ordinance No. NS -2881), and on October 6, 2015 (Ordinance No. <br />NS -2885). The Ordinance established standards and procedures to encourage the development of <br />housing that is affordable to a range of households with varying income levels. Pursuant to SAMC <br />section 41-1904(c), developers may pay an in -lieu fee in certain instances to satisfy the <br />inclusionary requirements. These funds are deposited into the Inclusionary Housing Fund, as <br />defined by SAMC section 41-1901, and are to be used to increase and improve the supply of <br />affordable housing per SAMC section 41-1909. <br />B. Developer, acting by and through its representative and agent, Community <br />Development Partners, a California corporation ("CDP") requested financial assistance in <br />connection with the proposed acquisition.., development, constriction, ownership, occupancy, and <br />operation of a fifty-one (51) unit affordable housing complex ("Project") to be located at 2223 <br />West Fifth Street, Santa Ana, California, and legally described within Exhibit A of the <br />Inclusionary Loan Agreement hereto and incorporated herein ("Property"). At least fifteen (15) <br />of the units will be affordable to family households earning no more than 30% of the Area Median <br />hncome ("AMI"); five (5) of the units affordable to family households earning no more than 50% <br />of the AMI; and thirty (30) of the units affordable to family households earning no more than 60% <br />of the AM]. Office space within the development will be provided for use as a police substation <br />which at a minimum will have room for a desk, phone, and computer that could be set up by the <br />1076\53\I <br />