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RECORDING REQUESTED BY: <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Clerk of the Council <br />Free Recording pursuant to <br />Govemment Code 27383 <br />DENSITY BONUS HOUSING AGREEMENT <br />This DENSITY BONUS HOUSING AGREEMENT ("Agreement'), made and entered <br />into this day of 2019 ("Effective Date"), by and between the City of Santa <br />Ana, a charter city and municipal corporation of the State of California ("City"), and Toll Bros., <br />Inc., a Pennsylvania corporation ("Developer"). City and Developer are sometimes referred to <br />collectively as the "Parties" and individually as a "Party." <br />RECITALS <br />A. Developer is the owner of certain property located within the City of Santa Ana, <br />County of Orange, State of California, commonly known as 114 and 117 East Fifth Street, Santa <br />Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated <br />herein by this reference as if set forth in full ("Property"). <br />B. Developer is proposing to construct a mixed use commercial and residential <br />development consisting of no more than two -hundred and twenty (220) residential rental units and <br />12,350 square feet of commercial space on the Property, as more particularly set forth in Density <br />Bonus Application No. 2019-01 and Site Plan Review No. 2019-01 ("Project'). <br />C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for <br />Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density <br />Bonus Law"), set forth a process to provide increased residential densities and/or incentives, <br />concessions, or waivers to property owners who guarantee that a portion of their residential <br />development will be available to low income, very low-income, or senior (also known as <br />"qualified") households. These regulations are intended to materially assist the housing industry <br />in providing adequate and affordable housing for all economic segments of the community and to <br />provide a balance of housing opportunities for very low-income, low income and senior <br />households throughout the city. <br />D. Although the Project is proposing a total number of units (220) that is below the <br />maximum density prescribed by the Transit Zoning Code for the Property based on its acreage, the <br />Developer is able to seek an onsite parking standards incentive in the California Government Code <br />because it is providing onsite affordable units. Specifically, pursuant to California Government <br />1 <br />60A-222 <br />