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balance of housing opportunities for very -low income, low income, seniors and <br />other qualified households throughout the City. <br />D. The Project is proposing a total number of fifteen (15) residential rental units, <br />including three (3) units for Very -Low Income Tenants, as defined herein, and <br />proposes to utilize the existing parking lot to satisfy the parking requirements of <br />state law. <br />E. The Project complies with the affordability requirements for a housing <br />development as set forth in the State Density Bonus Law and City Density Bonus <br />for Affordable Housing. <br />F. In light of the purpose of the State Density Bonus Law and City Density Bonus for <br />Affordable Housing, and the express provisions of Government Code Sections <br />65915(d)(1)(2)(C), the City has determined that the Project is eligible for three (3) <br />incentives or concessions, and waivers as prescribed by the State Density Bonus <br />Law. <br />G. This Agreement, and the exhibits attached hereto and incorporated herein by <br />reference, are intended to set forth the terms and conditions for the implementation <br />of the Project's requirement to provide affordable housing units in exchange for <br />receiving the density bonus, concession and waivers set forth herein. <br />NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein <br />by this reference, and of the mutual covenants contained herein, and for other good and valuable <br />consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br />1. DEFINITIONS AND EXHIBITS <br />1.1 Definitions. In addition to the terms that may be defined elsewhere in this <br />Agreement, the following terms when used in this Agreement shall be defined as follows: <br />1.1.1 "Adjusted for family size appropriate to the unit" shall have the <br />meaning set forth by Health and Safety Code Section 50052.5(h). <br />1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be <br />charged to and paid by an Eligible Household for the Affordable Units, as required by the terms <br />of this Agreement, and which shall not exceed the amount of Affordable Rent authorized by <br />California Health and Safety Code Section 50053 and pursuant to implementing regulations <br />published by the California Department of Housing and Community Development, as determined <br />from the Median Income for Orange County, as defined below in Section 1.1.16. The Affordable <br />Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household <br />using the Santa Ana Housing Authority Multi -Family Housing Utility Allowance Schedule, and <br />shall be updated no less than annually. <br />1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the <br />date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) <br />2 <br />2130 East Fourth Street Density Bonus Agreement <br />55394.00101 \43846773.1 <br />