Item 21 - Density Bonus Agreement No. 2022-03

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4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. The approved EEP shall be kept onsite and also be submitted to the following City agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency 4.17 Reserved. 4.18 Onsite Parking Management Plan. Developer has agreed to provide one -hundred - and -five (105) onsite parking stalls for residents and visitors of the Project and to obligate the homeowners association to actively monitor the parking demand of the Project site. Developer and/or the homeowners association, as applicable, shall be obligated to continually monitor and take commercially reasonable measures to manage the parking demand of the Project site - to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy or finalizing of building permits, Developer shall submit and obtain approval from the Planning and Building Agency of a Parking Management Plan (the "PMP") as per conditions of approval in Vesting Tentative Tract Map No. 2022-03 to address the parking demands of the Project. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.19 Marketinfz and Resident Selection Plan. Each Affordable Unit shall be sold to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval of a marketing program and purchaser selection plan for the sale of the Affordable Units at the Project ("Marketing Program"). The sale of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Developer shall provide City with periodic reports with respect to the sale of the Affordable Units. 4.19.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed purchaser selection criteria, income requirements, timeline and details for outreach and marketing. All requirements set forth herein shall be incorporated in the Marketing Program. 5. RESERVED 6. TERM OF THIS AGREEMENT The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the building in which the Affordable Units are located, pursuant to Santa Ana Municipal Code Section 41-1906(e)(1). 7. DEFAULT AND TERMINATION; INDEMNIFICATION 12