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1 <br /> <br />RECORDING REQUESTED BY: <br />AND WHEN RECORDED MAIL TO: <br /> <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 />________________________________________________________________________ <br />Free Recording pursuant to <br />Government Code 27383 <br /> <br />DENSITY BONUS HOUSING AGREEMENT <br /> This DENSITY BONUS HOUSING AGREEMENT (“Agreement”), made and entered <br />into this day of August, 2022, by and between the City of Santa Ana, a charter city and <br />municipal corporation of the State of California (“City”), and Brandywine Acquisition Group, <br />LLC (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” <br />and individually as a “Party.” <br /> <br />RECITALS <br /> <br />A. Developer entered or is entering into a ground lease with David A Colton Trust <br />(“Property Owner”), pursuant to which the Property Owner is ground leasing to Developer that <br />certain property located within the City of Santa Ana, County of Orange, State of California, <br />commonly known as 1814 & 1818 East First Street, Santa Ana, California, 92705, and legally <br />described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if <br />set forth in full (“Property”). <br /> <br />B. Developer is proposing to develop two vacant parcels with 35 single-family <br />attached townhomes, six (6) of which are proposed as Live/Work units, and four (4) as moderate- <br />income affordable units, on the Property, as more particularly set forth in Density Bonus <br />Agreement Application No. 2022-02 (“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 incentives, <br />concessions, and waivers to property owners or developers who guarantee that a portion of their <br />residential development will be available to low income, very-low income, or senior (also known <br />as "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. The Project is proposing a total number of thirty-five (35) single-family attached <br />townhomes, six (6) of which are proposed as Live/Work units, and four (4) as moderate-income <br />6/27/2022 <br />Planning Commission 2 –401