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FREE RECORDING REQUESTED PURSUANT <br />TO GOVERNMENT CODE SECTION 27383 & 6103 <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Recorded in Official Records, Orange County <br />Hugh Nguyen, Clerk-gRecorder <br />NO FEE <br />*$ R 0 0 0 9 1 9 1 8 2 8$ <br />20170001448351:14 pm 04111/17 <br />Santa Ana, California 92702 37 413 NOS O02 9 <br />Attention: Cleric of the Council 0.00 0.00 0.00 0.00 24.00 0.00 0,00 0.00 <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 January, 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 "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 lmown 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. TTM2015-04 (County TTM No. <br />17715). The City imposed conditions of approval on Covenantor to agree to the execution of the <br />Density Housing Bonus Agreement and to execute and record these Declaration to provide that 20% <br />of the total number of units to be constructed by Covenantor on the Property, or one (1) unit to be <br />for -sale, condominium affordable housing for low income households, as defined in California <br />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 Covenantor'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 />