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SANTA ANA SENIOR ASSOCIATES (2)
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SANTA ANA SENIOR ASSOCIATES (2)
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Last modified
11/6/2018 9:21:05 AM
Creation date
11/6/2018 9:16:49 AM
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Contracts
Company Name
SANTA ANA SENIOR ASSOCIATES
Contract #
A-2018-236
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
10/16/2018
Destruction Year
0
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the Santa Ana Municipal Code, the Density Bonus Law, or any other law or regulation applicable <br />to the Project, to provide any development incentive or to waive any building, zoning, or other <br />requirement. By this Agreement, Developer releases any and all claims Developer may have <br />against City in any way relating to or arising from City's obligation to waive requirements of or <br />provide development incentives pursuant to any state, federal, or local law, rule, or regulation <br />applicable to the Project. <br />2.6 Unrestricted Units. The Project, for purposes of this Agreement, may have no more <br />than three 3 Unrestricted Units (i.e. — manager's unit) with unit sizes as may be determined by <br />the Developer. Developer may alter the unit distribution of the Unrestricted Units in Developer's <br />discretion, provided that the Project has the minimum number of Affordable Units and the <br />minimum distribution thereof as specified in this Agreement. <br />2.7 Affordable Units. The Project, for purposes of this Agreement, shall have no less <br />than four -hundred and fifteen (415) Units designated as Affordable Units pursuant to the terms <br />and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, <br />and shall be located throughout the Project. <br />2.8 Minimum Development Standards for Affordable Units. The Affordable Units <br />shall be constructed with the same exterior appearance and interior features, fixtures, and <br />amenities, and shall use the same type and quality of materials as provided for any Unrestricted <br />Units, regardless of whether such Unrestricted Units are in the Project. <br />2.9 Permits and Processing; Compliance with Laws. Developer at its sole cost and <br />expense shall secure or cause to be secured any and all permits that may be required by City or <br />any other federal, state, or local governmental entity having or claiming jurisdiction over the <br />Property or Project. Upon securing any and all permits, Developer shall carry out and perform the <br />development, operation, and maintenance of the Project in conformity with all applicable federal, <br />state, and local laws and regulations, and all conditions of approval issued by the City Council and <br />City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the <br />City to determine compliance with this Agreement. If any changes to the Project shall materially <br />alter the ability of Developer to comply with any terms of this Agreement in City's sole <br />determination, then City shall have the option to declare this Agreement null and void in its sole <br />discretion. <br />2.10 Relocation Prior to Development of Project. If relocation is required prior to the <br />completion of development of the Project, Developer shall have the sole and exclusive <br />responsibility for providing relocation assistance and paying all relocation costs as maybe required <br />to comply with applicable federal and state laws and regulations. In addition to any other indemnity <br />provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of <br />City's choosing and the consent of Developer, which shall not be unreasonably withheld, and <br />which ituay be joint defense counsel upon City's and Developer's consent), and hold harmless City <br />and all of its officials, officers, employees, representatives, volunteers and agents from any and all <br />alleged or actual claims, causes of action, liabilities, and damages from any third party for <br />relocation assistance, benefits and costs prior to the completion of the development of the Project. <br />li <br />
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