Item 16 - Affordable Housing Project at 801, 807, 809 and 809 ½ E. Santa Ana Blvd

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Page | 1 9138-126780\1512539.3 GROUND LEASE THIS GROUND LEASE (“Lease”) is made and effective as of the ___ day of __________ , 2021 (“Effective Date”) by and between the HOUSING AUTHORITY OF THE CITY OF SANTA ANA, a public body, corporate and politic (the “Agency” and “Lessor”), and SHELTER PROVIDERS OF ORANGE COUNTY, INC. DBA HOMEAID ORANGE COUNTY (hereinafter called “Tenant”) (also referred to hereinafter each as “Party” or collectively as the “Parties”). RECITALS A.Lessor is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 801, 807, 809 and 809 ½ East Santa Ana Boulevard, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”). B.Lessor desires to enter into an agreement for a 99-year ground lease of the Property with Tenant and the Tenant desires to lease and develop the Property with the Project as defined herein, subject to the terms and provisions of this Lease. C.Tenant is proposing to develop an affordable rental residential community consisting of seventeen (17) units with sixteen (16) units of permanent supportive housing for chronically homeless individuals and 1,120 square feet of group space and a 389 square foot community room on the Property. D.Lessor and Tenant have jointly agreed to enter into this Lease as of the date set forth above. E.On January 15, 2019, the Agency authorized the Executive Director of the Housing Authority and the Recording Secretary to execute a pre-commitment letter with the Tenant for a 99- year ground lease of the land located at 801, 809, 809 ½ E. Santa Ana Blvd., for the development of the FX Residences Permanent Supportive housing project (APNs 398-303-04, 398-303-05, 398-303- 06, and 398-303-07). NOW, THEREFORE, in consideration of the above recitals, which are hereby incorporated into this Lease by reference, and mutual covenants and agreements hereinafter contained, Agency and Tenant mutually agree to the following: ARTICLE I DEFINITIONS 1.1 Definitions: The following defined terms used in this Lease shall have the meanings set forth below. Other terms are defined in other provisions of this Lease, and shall have the definitions given to such terms in such other provisions. 1.1.1. “Affiliate” shall mean, with respect to any person (which as used herein includes an individual, trust or entity), any other person which directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, suc h person. EXHIBIT 5