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ATTACHMENT NO.2 <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Clerk of the Council <br />NOTICE OF RESALE RESTRICTIONS <br />AND <br />DECLARATION OF CONDITIONS, COVENANTS <br />AND RESTRICTIONS FOR PROPERTY <br />THIS NOTICE OF RESALE RESTRICTIONS AND DECLARATION OF <br />CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY (the <br />"Declaration ") is hereby made as of this 19th day of Janes, 2016, by and between HABITAT <br />FOR HUMANITY OF ORANGE COUNTY, a California nonprofit public benefit corporation <br />( "Covenantor "); and the CITY OF SANTA ANA, a charter city ( "City" or <br />"Covenantee ") <br />RECITALS <br />A. Covenantor is the fee title absolute owner of certain real property within the City of <br />Santa Ana, County of Orange, State of California commonly known as 4010 -4028 West McFadden <br />Avenue and legally described in Exhibit A hereto which is incorporated herein by this reference (the <br />"Property "). <br />B. On January 19, 2016, the City Council of the City approved a Density Housing <br />Bonus Agreement with Covenantor and Tentative Tract Map No. TTM 2015 -04 (County TTM <br />No. 17715. The City imposed conditions of approval on Covenantor to agree to the execution of <br />the Density Housing Bonus Agreement and to execute and record these Declaration to provide <br />that 20% of the total number of units to be constructed by Covenantor on the Property, or one (1) <br />unit to be for -sale, condominium affordable housing for low income households, as defined in <br />California Health and Safety Code (H &SC) sections 50079.5, 50105 and 50106. <br />NOW THEREFORE, the parties hereto agree and covenant as follows: <br />1. Affordability Covenant. Covenantor agrees for itself and its successor and assigns, <br />and for every successor to Covenanter's interest in the affordable unit, or any part thereto, that the <br />property located at 4010 -4028 W. McFadden Avenue, Santa Ana, California, shall include one (1) <br />unit that shall be designated as affordable for low income households and shall be held subject to this <br />Declaration for forty -five (45) years from the date of City issuance of a Notice of Completion for <br />said unit, as follows: <br />14 <br />