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2. DEVELOPMENT OF THE PROPERTY <br />2.1 Project. Developer shall develop, operate, and maintain, or cause the development, <br />operation and maintenance of, the Property as a forty-eight (48) unit rental residential community, <br />with forty-seven (47) Affordable Units for Extremely Low Income Tenants. <br />2.2 Density Bonus. The Project Units are allowed under the City's Adaptive Reuse <br />Ordinance. Therefore, no density bonus is required or provided. <br />2.3 Development Concessions, Incentives, and Waivers. As set forth in the City <br />entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, <br />and waivers as part of the approval of Density Bonus Application No. DBA-2022-1 for the Project: <br />2.3.1 Onsite parking shall be provided in compliance with Government Code <br />Section 65915(p)(4). No parking concession is requested or provided. Pursuant to the Project <br />plans, the Developer is proposing to provide 20 total onsite parking spaces or 0.42 spaces per unit. <br />2.3.2 The permitted building height for this Project shall be increased in <br />accordance with Government Code Section 65915(d)(2)(B), such that the maximum building <br />height for this Project shall be 54 feet and 6 inches and four (4) stories. <br />2.3.3 Certain development standards for this Project shall be waived in <br />accordance with Government Code Section65915(d)(2)(B), such that all proposed utilities will be <br />undergrounded with the exception of existing overhead power lines over the existing building <br />along with the recorded Southern California Easement (to remain). <br />2.4 No Further Concessions, Incentives, or Waivers. Developer acknowledges and <br />agrees that the concessions, incentives, and waivers set forth in section 2.3 above fully satisfies <br />any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus <br />Law, or any other law or regulation to provide any density bonus incentive or to waive any <br />building, zoning, or other requirement in connection with a density bonus. By this Agreement, <br />Developer releases any and all claims Developer may have against City in any way relating to or <br />arising from City's obligation to waive requirements of or provide development incentives <br />pursuant to the City ,Density Bonus for Affordable Housing and the Density Bonus Law applicable <br />to the Project. <br />2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more <br />than one (1) Unrestricted Unit (i.e. — manager's unit) comprised of one (1) two -bedroom unit. <br />2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less <br />than forty-eight (48) Units, which shall be comprised of forty-seven (47) studio units designated <br />as Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units <br />shall be consistent with all applicable City approvals. <br />9138-126790\1517029.2 <br />