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Item 16 - First Amendment to Density Bonus Housing Agreement for Legacy Square
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Item 16 - First Amendment to Density Bonus Housing Agreement for Legacy Square
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1/23/2024 8:42:33 AM
Creation date
1/17/2024 4:40:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
16
Date
1/16/2024
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RECORDING REQUESTED BY: <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />City Clerk <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: City Clerk <br />No fee for recording pursuant to <br />Government Code Section 27383 <br />FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT <br />(Legacy Square) <br />THIS FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT (this "Amendment") is made and entered into as of the_ day of ______ , 2024 ("Effective <br />Date") by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (the "City"), and National Community Renaissance of California, a California nonprofit public benefit corporation (the "Developer"), and Legacy Square, L.P., a California limited partnership (the "Tenant"). The City, Developer, and the Tenant are sometimes collectively refeITed to as the "Parties." Terms not defined herein shall have the meaning set forth in the OBA (as defined below). RECITALS: A.Santa Ana United Methodist Church (the "Fee Owner") is the owner of the realproperty located within the City of Santa Ana, County of Orange, State of California, commonly known as 609 North Spurgeon Street, Santa Ana, California, and further described in Exhibit A attached hereto and incorporated herein by reference (the "Property"). B.Developer formed the Tenant to enter into a long-term ground lease with the FeeOwner and to develop the ninety-three (93) unit affordable apartment complex on the Property as more particularly described in the Density Bonus Application No. 2018-01 (the "Project"). Without the density bonuses, Developer and Tenant would only be permitted to build fifty-one (51)units on the Pro petty.C.To set forth the term of the required density bonuses, the City and the Developerentered into that certain Density Bonus Housing Agreement with an effective date of February 5, 2019 (the "OBA"), and the same was recorded against the Prope1ty on March 25, 2019, as Recording No. 2019000092579, in the Official Records of Orange County, California (the "Official Records"). D.The Tenant and the Fee Owner entered into that certain long-term ground leasedated as of June 12, 2020, the same which was amended and restated by that certain amended -1- <br />Kl-I 1112350.3 <br />EXHIBIT 1
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