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DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT <br /> 1. PARTIES AND EFFECTIVE DATE. <br /> This Development Impact Fee Deferral Agreement("Agreement") is entered into on this <br /> 7th day of December, 2021, by and between the City of Santa Ana, a charter city and municipal <br /> corporation of the State of California("City"), and Shelter Providers of Orange County, Inc., a <br /> California nonprofit corporation doing business as HomeAid of Orange County("Owner"). City <br /> and Owner are sometimes individually referred to herein as "Party" and collectively as"Parties." <br /> 2. RECITALS. <br /> 2.1 Owner is the owner of a leasehold interest in that certain real property in the City <br /> of Santa Ana, California, which is owned by the Housing Authority of the City of Santa Ana, a <br /> public body, corporate and politic, and more particularly described in Exhibit"A" attached <br /> hereto and incorporated herein by this reference and as evidenced by that certain Memoranda of <br /> Lease between pl I P1 ,which was recorded in the Official Records of Orange County, California <br /> on N as Document No. .)lit("Property"). Owner is the developer of the affordable rental <br /> residential community consisting of seventeen (17) units with sixteen(16) units of permanent <br /> supportive housing for chronically homeless individuals, 1,120 square feet of group space, and a <br /> 389 square foot community room at 801, 807, 809 and 809 'A East Santa Ana Boulevard, Santa <br /> Ana. Owner has received City approval and is in the process of obtaining the building permits; <br /> 2.2 Prior to issuance of any building permits, the City currently requires the payment <br /> of various development impact fees for all residential projects to help address the impacts of new <br /> development; <br /> 2.3 On all; Owner submitted a written request formally requesting the deferral of <br /> specific development impact fees for the Property pursuant to California Government Code <br /> section 66007; and, <br /> 2.4 City and Owner desire to execute this Agreement to defer certain development <br /> impact fees applicable to the Property and place a lien on the Property to secure payment of these <br /> fees,pursuant to the terms and conditions set forth herein. <br /> 3. TERMS. <br /> 3.1 Deferral of Development Impact Fees. <br /> 3.1.1 Deferral of Development Impact Fees. City and Owner agree that the <br /> development impact fees ("Subject Fee(s)") and amount as shown on Exhibit"B," for the <br /> Property ordinarily due before issuance of a building permit for any new affordable residential <br /> units on the Property (including manager's units) will be deferred until immediately prior to the <br /> final inspection or issuance of a certificate of occupancy for any new residential units on the <br /> Property, whichever occurs first("Deferral Period"). City and Owner acknowledge and agree <br /> that the City Council may, in its sole and absolute discretion and during a regular, regular <br /> 1525165.2 <br />