HABITAT FOR HUMANITY OF ORANGE COUNTY -2016

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1 , • T DENSITY BONUS HOUSING AGREEMENT THIS DENSITY BONUS HOUSING AGREEMENT (the "Agreement) is hereby entered into as of this 19th day of January, 2016, by and between HABITAT FOR HUMANITY OF ORANGE COUNTY, a California nonprofit public benefit corporation ( "Developer ") and the CITY OF SANTA ANA, a charter city and municipal corporation ( "City ") RECITALS A. Developer is the fee title absolute owner of certain real property within the City of Santa Ana, County of Orange, State of California commonly known as 4010 -4028 West McFadden Avenue and legally described in Attachment No. I hereto which is incorporated herein by this reference (the "Property"). B. Section 41 -1600 et seq. of the Santa Ana Municipal Code and section 65915 et, seq. of the California Government Code set forth a process to ,provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified ") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low income, very low- income, and senior households throughout the city. C. Developer is proposing to the City to develop five residential for -sale, condominium units on the Property (the "Project "), as more particularly set forth in Tentative Tract Map No. 2015 -04 (County Map No. 17715), Density Bonus Application No. 2015 -01, Environmental Review No. 2014 -1.2, and Development Plan Review No. DP 2014 -7. D. The parties hereto desire by this Agreement for Developer to agree to hold and convey one (1) unit within the Project (the "Affordable Unit ") to a Low Income Household, and in return for the City to agree to provide for additional units beyond that which is allowed pursuant to the City's General Plan together with other concessions to Developer. Section 41- 1602 of the Municipal Code referenced above, require such agreement to be the subject of a density bonus housing agreement. B. In light of the purpose of the City and State density bonus law, and the express provisions of section 65915(n), the City has determined to grant Developer's application for a density bonus and related concessions and waivers. F. In addition to the density bonus granted to Developer, the Project has been granted waivers and concessions of City development standards including (i) reduction of minimum lot size for five (5) units from 30,000 to 26,180 feet, and (ii) increasing the number of