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RECORDING REQUESTED BY <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Attention: City Clerk <br />To be recorded without fee. (Space Above This Line For Recorder's Use only) <br />(Government Code, §§ 6103 and 27383) <br />INCLUSIONARY HOUSING AGREEMENT <br />THIS INCLUSIONARY HOUSING AGREEMENT is dated as of August 15, 2017, <br />by and between the CITY OF SANTA ANA, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State <br />of California ("City"), and M & A GABAEE, a California limited partnership <br />("Developer"). <br />RECITALS <br />A. The City's Housing Opportunity Ordinance ("Ordinance") was originally <br />adopted by the City Council on November 28, 2011 and is codified in <br />Article XVIII.1 Section 41 — 1900 of the City's Municipal Code. The <br />Ordinance was amended by the City Council on September 1, 2015, in <br />Ordinance No. NS -2881, and on October 6, 2015, in Ordinance No. NS - <br />2885. <br />B. The Developer is the fee owner of the property located at 421 North <br />Harbor Boulevard, Santa Ana, California ("Property"). <br />C. The Developer desires to, at the Developer's sole cost and expense, <br />develop a ninety-four (94) unit rental apartment project on the Property <br />("Project"). <br />D. On May 17, 2016, the City Council: approved and adopted the Mitigated <br />Negative Declaration and Mitigation Monitoring Reporting Program, <br />Inclusionary Housing Agreement - In -Lieu Fee Payment Page 1 <br />City of Santa Ana <br />25B-4 <br />