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5 <br /> <br />1.2 Exhibits. The following documents are attached to, and by this reference made a <br />part of, this Agreement: <br /> <br />1.2.1 Exhibit A – Legal Description of the Property <br /> <br />1.2.2 Exhibit B – Tenant Verification <br /> <br />1.2.3 Exhibit C – Resolution No. 2019-XX <br /> <br />2. DEVELOPMENT OF THE PROPERTY <br /> <br />2.1 Project. Developer shall develop, operate, and maintain the Property as a ninety- <br />three (93) Unit affordable residential rental community, with ninety-two (92) Affordable Units and <br />one (1) Unrestricted Unit. <br /> <br />2.2 Density Bonus. The Project shall have ninety-three (93) Units, to be rented, <br />occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. <br />Developer understands and agrees that Developer is utilizing a thirty-five percent (35%) density <br />bonus increase provided by the State Density Bonus Law (51 Base Units x 35% = 18 State Density <br />Bonus Units) for a total of 69 units, as well as a thirty-five percent (35%) density bonus provided <br />by the City’s Housing Opportunity Ordinance (69 Units x 35% = 24 City Density Bonus Units). <br />Developer shall not construct or develop, or otherwise claim a right to construct or develop, more <br />than forty-two (42) State and/or City Density Bonus Units on the Property. <br /> <br />2.3 Development Concessions and Incentives. As set forth in the City entitlements, <br />Developer petitioned for and was granted the following concessions and incentives as part of the <br />approval of Density Bonus Agreement No. 2018-01 for the Project: <br /> <br />2.3.1The parking requirements for the Project shall be reduced in accordance with <br />Government Code Section 65915(p)(3)(A), such that the total of all parking spaces required for <br />the Project shall not exceed 92 spaces. <br /> <br />2.3.2The development standards for this Project shall be waived in accordance with <br />Government Code Section 65915(e)(1), such that the Hybrid Courtyard Building Type shall be a <br />permitted building type for the project. <br /> <br />2.3.3The building setback requirements for the Project shall be reduced in <br />accordance with Government Code Section 65915 (d)(1), such that the minimum required front <br />yard setback shall be 0’-0” feet. <br /> <br />2.3.4The maximum allowable encroachments into required setbacks for the Project <br />shall be increased in accordance with Government Code Section 65915 (d)(1), such that the <br />maximum allowable encroachment shall not exceed 6’-0” into required setbacks. <br /> <br />2.4 In exercising the rights granted to the developer under AB 744 the parking <br />requirements for the Project shall be reduced in accordance with Government Code Section <br />1-49