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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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Item 68 - Crossroads at Washington Affordable Housing Project at 1126, 1136, & 1146 East Washigton Ave.
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
68
Date
6/21/2022
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<br /> <br /> <br />DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT <br /> <br />1. PARTIES AND EFFECTIVE DATE. <br />This Development Impact Fee Deferral Agreement (“Agreement”) is entered into on this <br />21st day of June, 2022, by and between the City of Santa Ana, a charter city and municipal <br />corporation of the State of California (“City”), and Washington Santa Ana Housing Partners, L.P., <br />a California limited partnership (“Owner”). City and Owner are sometimes individually referred <br />to herein as “Party” and collectively as “Parties.” <br /> <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, that includes land owned by both the Housing Authority of the City of <br />Santa Ana, a public body, corporate and politic, and the County of Orange, and more particularly <br />described in Exhibit “A” attached hereto and incorporated herein by this reference and as <br />evidenced by that certain Memoranda of Lease between _____, which was recorded in the <br />Official Records of Orange County, California on _____, as Document No. ____ (“Property”). <br />The Housing Authority and the County of Orange have executed a Joint Powers Agreement to <br />provide a combined site for the project that includes both the Housing Authority property and the <br />County of Orange property, which will be combined and owned as tenants in common. Owner is <br />the developer of the affordable rental residential community at 1126, 1136, & 1146 East <br />Washington Avenue, Santa Ana, CA 92701, (APNs 398-092-14 and 398-092-13) consisting of <br />85 new affordable units and 1 manager’s unit, with 42 two, three- and four-bedroom units for <br />large families, and 43 studio, one- and two-bedroom affordable units for persons experiencing <br />homelessness. 100% of the units will be for extremely low-income households at 30% Area <br />Median Income. Owner has received City approval and is in the process of obtaining the building <br />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 May 11, 2022, Owner submitted a written request formally requesting the <br />deferral of specific development impact fees for the Property pursuant to California Government <br />Code 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 />EXHIBIT 9
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