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RECORDING REQUESTED BY: <br />AND WHEN RECORDED MAIL TO: <br />City of Santa Ana <br />City Clerk <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: City Clerk <br />No fee for recording pursuant to <br />Government Code Section 27383 <br />D'.cDAf <br />sMpwl,,,� A-2024-008 <br />JAN 18 Z924 FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT <br />o (Legacy Square) <br />w <br />H- o <br />U m <br />w THIS FIRST AMENDMENT TO DENSITY BONUS HOUSING AGREEMENT (this <br />w "Amendment") is made and entered into as of the _ day of 2024 ("Effective <br />o Date") by and between the City of Santa Ana, a charter city and municipal corporation of the <br />U <br />D o State of California (the "City"), and National Community Renaissance of California, a California <br />c a nonprofit public benefit corporation (the "Developer"), and Legacy Square, L.P., a California <br />U° limited partnership (the "Tenant'). The City, Developer, and the Tenant are sometimes <br />collectively referred to as the "Parties." Terms not defined herein shall have the meaning set <br />forth in the DBA (as defined below). <br />RECITALS: <br />A. Santa Ana United Methodist Church (the "Fee Owner") is the owner of the real <br />property located within the City of Santa Ana, County of Orange, State of California, commonly <br />known as 609 North Spurgeon Street, Santa Ana, California, and further described in Exhibit A <br />attached hereto and incorporated herein by reference (the "Property"). <br />B. Developer formed the Tenant to enter into a long-term ground lease with the Fee <br />Owner and to develop the ninety-three (93) unit affordable apartment complex on the Property as <br />more particularly described in the Density Bonus Application No. 2018-01 (the "Project"). <br />Without the density bonuses, Developer and Tenant would only be permitted to build fifty-one <br />(51) units on the Property. <br />C. To set forth the term of the required density bonuses, the City and the Developer <br />entered into that certain Density Bonus Housing Agreement with an effective date of February 5, <br />2019 (the "DBA"), and the same was recorded against the Property on March 25, 2019, as <br />Recording No. 2019000092579, in the Official Records of Orange County, California (the <br />"Official Records"). <br />D. The Tenant and the Fee Owner entered into that certain long-term ground lease <br />dated as of June 12, 2020, the same which was amended and restated by that certain amended <br />KH 1112350.3 <br />