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[WRIM1Ly1191 <br />FREE RECORDING REQUESTED PURSUANT <br />TO 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 AND MAINTENANCE RESTRICTIONS <br />{Address: 416 Vance Street (APN 398-041-22)) <br />THESE AFFORDABILITY AND MAINTENANCE RESTRICTIONS (the <br />"Restrictions") are entered into by and between Habitat for Humanity of Orange County, a <br />nonprofit organization ("Habitat"), as the "Tenant" under the Ground Lease for each of two parcels <br />of Property (defined below), and the Housing Authority of the City of Santa Ana, a public body, <br />corporate and politic ("City" and/or "Agency") as the "Lessor" under the Ground Lease for the <br />above -referenced Premises. <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 />XVIILI of the Santa Ana Municipal Code ("SAMC"). The Ordinance was amended by the City <br />Council on September 1, 2015 (Ordinance No. NS-2881), on October 6, 2015 (Ordinance No. NS- <br />2885), and on September 1, 2020 (Ordinance No. NS-2994). The Ordinance established standards <br />and procedures to encourage the development of housing that is affordable to a range of households <br />with varying income levels. Pursuant to SAMC section 41-1904(c), developers may pay an in - <br />lieu fee in certain instances to satisfy the inclusionary requirements. These funds are deposited <br />into the Inclusionary Housing Fund, as defined by SAMC section 41-1901, and are to be used to <br />increase and improve the supply of affordable housing per SAMC section 41-1909. <br />B. Habitat requested financial assistance in connection with the proposed development <br />of two (2) single-family detached homes ("Restricted Units") restricted for sale to moderate <br />income families earning no more than 120% of the Orange County Area Median Income <br />("Project") to be located at 416 Vance Street (APN 398-041-22) and 826 N. Lacy Street (APN <br />398-041-22 ("Property"). The two (2) Restricted Units will be affordable to family households <br />earning no more than 120% of the Area Median Income ("AMI"). <br />C. On March 5, 2019, the City of Santa Ana authorized the City Manager and the Clerk <br />of the Council to execute a pre -loan commitment letter with Habitat for $231,494 in Inclusionary <br />1076\53\1379664.2 <br />