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<br />not limited to preparation of one or more elements of its general plan or for zoning amendments), <br />conceptual design, final design, bid preparation, award of bid, property appraisal, property <br />acquisition, relocation, lost goodwill, and/or construction of new or substantially rehabilitated <br />existing affordable housing in the City. <br /> <br />5.7.3 In-Lieu Park Development Fee. The Owner shall pay an in-lieu <br />park development fee in the amount of One Million Four Hundred Fifty Thousand Dollars <br />($1,450,000) with respect to the Project ("In-Lieu Park Development Fee") payable pro rata, <br />which pro rata fraction shall be determined based on a fraction the numerator of which is the <br />total number of residential units in a phase and the denominator of which is the total number of <br />residential units in the Project. The pro rata In-Lieu Park Development Fee shall be paid prior to <br />issuance of the building permit for each phase. The City shall use said fees for new parkland, <br />capital improvements at existing parks, and deferred maintenance at existing parks (up to a <br />maximum of fifty percent of amount of the fee). If not used or appropriated this fee shall be <br />returned to Developer, consistent with the provisions of (and subject to the exceptions contained <br />within) the California Mitigation Fee Act, Government Code S 66000 et seq. Owner may <br />propose in future an alternative in-lieu of the provisions of this section which fully satisfies this <br />requirement, and if such proposal is consistent with City's park plans and standards, the City <br />shall consider such proposal in good faith; provided, however, that if approved such proposal <br />shall be the subject of an amendment to this Agreement entered into pursuant to Government <br />Code section 65868. <br /> <br />5.7.4 Reserved <br /> <br />5.7.5 Covenants, Conditions, and Restrictions. Covenants, <br />Conditions, and Restrictions (CC&R's) must be provided and approved by the Planning and <br />Building Agency's Executive Director for the project prior to the issuance of the first building <br />permit. Such CC&R's must contain at a minimum, the following: <br /> <br />(I) No more than four residents per unit, except that for three-bedroom <br />units, there shall be no more than five residents per unit. <br /> <br />(2) All initial sales of residential units by Owner shall include a <br />covenant that the buyer may not re-sell the unit for a period on one (I) year. <br /> <br />(3) No home occupancy shall be permitted in a unit, except m <br />accordance with section 41-192 et seq. of the Santa Ana Municipal Code. <br /> <br />(4) Assignment of repair of perimeter walls and common areas, <br />including landscaping, will be specified in the CC&R's in the event of damage. <br /> <br />(5) Disclosure and release: CC&R's shall provide notice to <br />prospective owners of the urban character of the City and this area, including but <br />not limited to the permitted uses of the property and buildings in the immediate <br />area of the development (e.g., Xerox Towers, State Compensation Insurance <br />Fund, [-5 and SR-55 freeways), and surrounding property zoned and/or devoted to <br />commercial use, and shall provide a release of all claims against the City which <br />may arise from or relate to the disclosed matters. <br /> <br />Ordinance No. NS-2741 <br />Page 150128 <br /> <br />- [I - <br />