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CITY COUNCIL DRAFT <br />RECORDING REQUESTED BY: <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: City Clerk <br />Free Recording pursuant to <br />Government Code §§ 6103 and 27383 <br />DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF <br />COVENANTS, CONDITIONS AND RESTRICTIONS <br />125-205 South Harbor Boulevard; APN: 144-311-14, 144-311-15 <br />This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF <br />COVENANTS, CONDITIONS AND RESTRICTIONS ("Agreement"), is made and entered into <br />this _ day of , 2025 ("Effective Date"), for reference purposes only, by and <br />between the City of Santa Ana, a charter city and municipal corporation of the State of California <br />("City"), and Santa Ana 9 Inv, LLC, a Delaware limited liability company ("Developer"). City <br />and Developer are sometimes referred to collectively as the "Parties" and individually as a "Parry." <br />RECITALS <br />A. Developer is the owner of that certain property located within the City of Santa <br />Ana, County of Orange, State of California, commonly known as <br />125 and 205 South Harbor Boulevard, Santa Ana, California, and legally described <br />as set forth in Exhibits A-1 and A-2, which are attached hereto and incorporated <br />herein by this reference as if set forth in full ("Property"). <br />B. Developer is proposing to develop a residential development consisting of no more <br />than thirty six (36) units, four (4) of which are proposed as moderate income <br />residential ownership units on the Property, as more particularly set forth in Density <br />Bonus Application No. 2024-02 ("Project"). <br />C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for <br />Affordable Housing"), and California Government Code sections 65915, et seq. <br />("State Density Bonus Law"), set forth a process to provide increased residential <br />densities and incentives, concessions, and waivers to property owners or developers <br />who restrict a portion of their residential development to Moderate Income <br />Households, as specified. These regulations are intended to materially assist the <br />housing industry in providing adequate and affordable housing for all economic <br />segments of the community and to provide a balance of housing opportunities <br />throughout the City. <br />Page 1 <br />55394.00101 \43724951.1 <br />