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HomeMy WebLinkAbout25A - AGMT DEVELOPMENT IMPACT FEEREQUEST FORT COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE A DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT WITH SANTA ANA PACIFIC ASSOCIATES AND SANTA ANA PACIFIC ASSOCIATES II TO DEFER THE PAYMENT OF THE DEVELOPMENTIMPACTFEES (APPROXIMATELY $4,121,987) FOR THE PROPERTY LOCATED AT 2110, 2114 AND 2020 EAST FIRST STREET {STRATEGIC PLAN NOS. 5,31 /s/ Kristine Ridge CITY MANAGER :7x919lLTA ILTA IAki117A11e«IIs] kiI CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For Wis]►111►111101i[W FILE NUMBER Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Santa Ana Pacific Associates and Santa Ana Pacific Associates II (the "Owner") to defer approximately $4,121,987 of the development impact fees for the development of a 552-unit affordable rental project at 2110, 2114 and 2020 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy. DISCUSSION On August 1, 2019 the City received a request from the Owner of the property located at 2110, 2114 and 2020 East First Street (the "Property") to defer the collection of the development impact fees for the development of a 552-unit affordable rental project (Exhibit 1). The project involves the demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. A total of 552 affordable rental units will be provided on the Property. The project will include 27 one -bedroom units, 239 two -bedroom units, 146 three -bedroom units, and 140 four -bedroom units ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in - unit storage, and open/common (living) areas. The project is referred to as First Point I and II. The request is for the City to defer the collection of the development impact fees until prior to occupancy permit issuance instead of requiring payment of the fees at the time of building permit issuance. The Owners are entitled by State law to deferred payment of fees intended for public facilities or improve ments.The deferral of such development impact fees will "help facilitate the 25A-1 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 2 financing, development and construction of the project'. Specifically, California Government Code Section 66007 states that "any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." This section generally provides that the City shall not require the payment of development impact fees until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The approximate development impact fees that are part of this deferral request include the following: Development Impact Fee Amount Park Acquisitions and Development $3,058,443 Fire Facilities $664,576 Transportation System Improvement Authority (Combined Non -Residential and Reside ntial-Multifamil $398,968 TOTAL $4,121,987 As an affordable housing project, the project qualifies for this request for deferral of their development impact fees. The Owner is in the process of obtaining building permits to finalize the development of the project on the Property and is therefore requesting this deferral under the law. The proposed Development Impact Fee Deferral Agreement will defer approximately $4,121,987 of the development impact fees for the development of the project (Exhibit 2). Key Terms of the Agreement: Under the proposed Development Impact Fee Deferral Agreement, the City and the Owner will agree to the following: Fee Deferral and Amount. The deferred collection of the Development Impact Fees in the estimated amount of approximately four million, one hundred twenty-one thousand, nine hundred eighty-seven ($4,121,987). Deferral Period. The development impact fees will be deferred until the final inspection or issuance of a certificate of occupancy for the Project, whichever comes first. Extension. An extension of the Agreement may only be granted by the City Council. Payment Security. Payment of fees are a personal obligation of the Owner, or any successor secured by the Property, and if left unpaid, shall be collected as a special lien against the property. 25A-2 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 3 Recordation of Agreement and Lien Against Property. Upon the execution, the Agreement will be recorded in the Official Records of the County of Orange and the Agreement shall contractually bind Owner to pay the development impact fees and shall constitute a lien against the Property. The intended goal of the collection of development impact fees at the time of building permit issuance is to ensure that the payment of the fees is completed prior to the vesting of development rights by a project developer. Development impact fees for development projects include customary fees to defray costs for the City to provide development services under the permit, outside agency fees as applicable, and established development impact fees. While deferral of collection of development impact fees is not a routine practice, the Owner has submitted their request under California Government Code Section 66007 and the City is required to consider their request. The collection of the development impact fees for a new residential development is to generally fund planned acquisition and development of parks and open space within the City to mitigate the impacts that new developments will have on the demand for parks and open space within the City. While the request will defer the collection of the development impact fees to a later time in the development process, it will not waive or prevent the City from collecting the fee through protections and securities provided to the City under the agreement. Furthermore, the fees will be paid prior to the actual impact as no residents will be allowed to occupy the building on the Property until payment is received by the City. STRATEGIC PLAN ALINGMENT Approval of this item supports the City's efforts to meet Goal # 5 Community Health, Livability, Engagement and Sustainability, Objective # 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). FISCAL IMPACT The total estimated development impact fees to be deferred for the project is estimated to be $4,121,987 as follows: Accounting Unit Fund Description Accounting Unit, Account Amount — Account # Description 31313002-53300 Residential Development District 3 District Park A & D Fees $3,058,443 12015002-53700 Fire Facilities Fund Improvement Fee $664,576 99117002-50301 Transportation System TSIA from City of Santa Ana $398,968 Improvement Authorit TOTAL $4,121,987 25A-3 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 4 The final fee amount to be deferred will be calculated at the time of the final inspection or issuance of a certificate of occupancy for the project, whichever comes first. There is no negative fiscal impact as the deferred amount will be paid back to the City. However, it should be noted that the FY 19-20 deferred amount may be received in FY 20-21. Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Exhibits: 1. Request for Deferral of Development Impact Fees 2. Development Impact Fee Deferral Agreement 25A-4 r PACIFIC WEST COMMUNITIES August 1, 2019 Judson Brown City of Santa Ana Housing and Neighborhood Development Division 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Re: Development Impact Fee Deferral Request First Point I & II Apartments Dear Mr. Brown: As the developer of the First Point I & 11 Apartments, I would like to formally request the deferral of development impact fees as specified below. • Drainage Assessment • Waste Water Treatment: OCSD15-Comm/Indst • Waste Water Treatment: OCSD15-Multifamilly • Sewer Connection • Transportation Corridor • TSIA, Non -Residential • TSIA, Residential - Multifamily • Fire Facilities • Park Acquisitions and Development Under California Government Code Section 66007, we are entitled to deferred payments of fees intended for public facilities or improvements. Section 66007 states that "any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." The development will be available for lower income households. Any additional requirements that would permit a local agency to collect these fees at an earlier time does not apply to a residential development for lower income households as stated in §66007(2)(A). The deferral of such impact fees help facilitate the financing, development and construction of the project. The total amount we are requesting for First Point I is $4,837,511.63 and the total amount for First Point II is $3,441,710.89. Sincerely, i Melinda Rex Chief Operating Officer Ph: 208.461.0022 // Fax: 208.461.3267 // 430 E. Statg $kept=S�. 100 // Eagle, ID 83616 // www.tpchousing.com i0a:11-111 a RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT between THE CITY OF SANTA ANA a charter city and municipal corporation of the State of California and SANTA ANA PACIFIC ASSOCIATES a California limited partnership and SANTA ANA PACIFIC ASSOCIATES H a California limited partnership [Dated as of October 15, 20191 25A-6 i0a:11-111 a DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 1. PARTIES AND EFFECTIVE DATE. This Development Impact Fee Deferral Agreement ("Agreement") is entered into on this 15s' day of October, 2019, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Santa Ana Pacific Associates, a California limited partnership, and Santa Ana Pacific Associates II, a California limited partnership ("Owner"). City and Owner are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Owner is the owner of a leasehold interest in that certain real property in the City of Santa Ana, California, which is owned by Brownell Commercial Properties, L.P., and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference and as evidenced by those certain Memorandums of Lease between Santa Ana Development Partners, L.P., a California limited partnership, and Owner dated November 8, 2018, which were recorded in the Official Records of Orange County, California on November 9, 2018, as Document No. 2018000406832 and 2018000406833 ("Property"). Owner is the developer of the First Point I & II Apartments, a 552-unit affordable rental project at 2110, 2114 and 2020 East First Street, Santa Ana. Owner has received City approval and is in the process of obtaining the building permits; 2.2 Prior to issuance of any building permits, the City currently requires the payment of various development impact fees for all residential projects to help address the impacts of new development; 2.3 On August 1, 2019, Owner submitted a written request formally requesting the deferral of specific development impact fees for the Property pursuant to California Government Code section 66007; and, 2.4 City and Owner desire to execute this Agreement to defer certain development impact fees applicable to the Property and either place a lien on the Property or provide an irrevocable letter of credit from the Owner to secure payment of these fees, pursuant to the terms and conditions set forth herein. 3. TERMS. 3.1 Deferral of Development Impact Fees. 3.1.1 Deferral of Development Impact Fees. City and Owner agree that the development impact fees ("Subject Fee(s)") and amount as shown in Exhibit `B", for the Property will be deferred until prior to the final inspection or issuance of a certificate of occupancy for any new residential units on the Property, whichever occurs first ("Deferral Period"). City and Owner acknowledge and agree that the City Council may, in its sole and absolute discretion and during a regular, regular adjourned, or special meeting of the City Council, extend the deadline for payment of the Subject Fees without obtaining the approval of Owner or an amendment or modification of this Agreement. Any extension granted by the City Council pursuant to this 25A-7 iMa:11-111 a Section 3.1.1 shall automatically be deemed to be part of the Deferral Period for purposes of this Agreement. 3.1.2 Payment of Subject Fees. Owner, or its successor in interest to the Property or any portion thereof, shall be liable for the payment of the Subject Fees pursuant to this Agreement. The Subject Fees for a residential building constructed on the Property shall be due and payable at the termination of the Deferral Period. No certificate of occupancy shall be issued for the building, any portion, or any residential units thereof on the Property unless and until all Subject Fees have been paid in full. 3.1.3 Subject Fee Amount. Except as may otherwise be provided for by a statutory development agreement for the Property, as approved by the City, the amount of the Subject Fee for each residential unit to be developed on the Property shall be determined according to the rate of the Subject Fee adopted by the City and in effect on the date when the building permit for the residential building is issued by the City. Upon issuance of each building permit, the City shall complete and attach the form set forth in Exhibit `B" to this Agreement to reflect the amount of the Subject Fee applicable at the time of issuance of that building permit and attach a copy of the building permit, which shall collectively thereafter be incorporated as part of this Agreement. 3.1.4 Obligation for Payment of Subject Fee. Owner hereby acknowledges and agrees that Owner's obligation to pay the Subject Fees shall continue and remain an obligation of Owner, as well as (jointly and severally) any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any Subject Fees that remain unpaid following the time that they are required to be paid may be collected by the City as a personal obligation of the Owner, or any successor of Owner, as a special assessment against the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. 3.2 Covenant of Owner. Owner covenants that he, she or it is eligible to enter into this Agreement and has fulfilled the requirements for approval of deferral of the Subject Fees. Should Owner and/or the Property be deemed at any time prior or subsequent to execution of this Agreement to be ineligible for a deferral of Subject Fees regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of Subject Fees, City may terminate this Agreement and require all Subject Fees to be immediately paid in full. 3.3 Recordation of Agreement. Upon the execution of this Agreement, the City shall cause this Agreement to be recorded in the Official Records of the County of Orange, California. All costs assessed by the County of Orange for recordation of this Agreement shall be paid by the Owner. 3.4 Lien against Property. From and after its execution, this Agreement shall contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall constitute a lien against the Property in an amount equal to the total Subject Fees, pursuant to Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject 254-8 i0a:11-111 a Fees for the Property, City shall, at the request of the Owner, execute and record in the Official Records of the County of Orange, California, a release of the lien from the Property in substantially the form of Exhibit "C" which is attached hereto and incorporated herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien to Owner. 3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the promises, covenants and conditions of this Agreement and all liens against the Property subject to this Agreement shall, as provided in Government Code section 66007, run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in or to the Property or any portion thereof. 3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify City in writing within two (2) business days of the opening of any escrow for the sale or transfer of all or any portion of the Property. 3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this contractual obligation. 3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by City concerning any development on the Property, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner. This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non - discretionary approvals as may be necessary for the development, maintenance or operation of the development on the Property or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City's or any of its related agencies' power of eminent domain or its police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare. 3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time. 3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from and against all claims, demands, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral provided by 25A-9 i0a:11-111 a the City to Owner, this Agreement, or both, including without limitation, all costs of collection, including actual attorneys' and expert witness fees. 3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of the City, which may be given, withheld or conditioned in the City's sole and absolute discretion. Any attempt to assign this Agreement without the City's prior written consent shall be null and void. This Agreement shall be binding on any and all permitted successors and assigns of Owner. 3.12 Governing Laws. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Courts of the State of California in the County of Orange, California, shall have exclusive jurisdiction of any litigation between the City and Owner arising out of this Agreement. Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City is a party to this Agreement, due to any diversity of citizenship between the City and Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, Owner expressly waives, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect. 3.13 Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows: To City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, CA 92702-1988 Attention: Housing Manager With copy to: Office of City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To Owner: Santa Ana Pacific Associates, A California Limited Partnership Santa Ana Pacific Associates II, A California Limited Partnership 430 E. State Street, Suite 100 Eagle, Idaho 83616 25Q-10 i0a:11-111 a With copy to: BCP/ First Point I, LLC BCP/ First Point II LLC c/o Boston Capital Partners One Boston Place, 21' Floor Boston, MA 02108 Attention: Asset Management (First Point Apartments) 3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or proceeding against the other, and if such action or proceeding is related to the interpretation or enforcement of this Agreement or in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled, its actual litigation costs and attorneys' and expert witness fees. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during the defense of any appeal taken from such underlying judgment or other judicial order. 3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner and supersedes all previous agreements, oral or written, on the subject matter of this Agreement. 3.16 Modification. This Agreement may be amended or modified only by an agreement in writing signed by each of the parties hereto. 3.17 Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision. 3.18 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist. 3.19 Time is of the Essence. Time is of the essence in this Agreement. 3.20 No Third Party Beneficiaries. This Agreement and the performance of the City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the City's or Owner's performance or nonperformance of their respective obligations under this Agreement. [Signatures on Following Page] 25A-11 1: *7:11-.11W IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership By: TPC Holdings VI, LLC, an Idaho limited liability company Its: Administrative General Partner 41�� C Roope Manager By: JHC-First Point I LLC, A California limited liability company Its: Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation Its: Sole Member and Manager Michael Massie Senior Vice President [SIGNATURES CONTINUE ON FOLLOWING PAGE) 7 25A-12 RECOMMENDED FOR APPROVAL: SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP, STEVEN A. MENDOZA Executive Director — CDA a California limited partnership By: TPC Holdings VI, LLC, an Idaho limited liability company Its: Administrative General Partner Caleb Roope Manager By: JHC-First Point II LLC, a California limited liability company Its: Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation Its: Sole Member and Manager Michael Massie Senior Vice President 25A-13 EXHIBIT "A" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Legal Description of Property Exhibit A 25A-14 i0a:11-111 a Exhibit A Legal Description All that real property situated in the City of Santa Ana, County of Orange, State of California and more particularly described as follows: PARCEL L THAT CERTAIN PARCEL OF LAND, LOCATED AT 16812 EAST FIRST STREET, SANTA ANA, CALIFORNIA, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D'; AND THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 AS INSTRUMENT NO. 16905, IN BOOK 7781, PAGE 486 OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON A RECORD OF SURVEY, FILED ON JULY 13, 1964 IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36 FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY: PARCEL (A): THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ON THE NORTH LINE OF SAID LOT "D" 225.75 FEET TO A POINT, A STONE 25A115 i0a:il-111 a OVER A BRICK BEING SET IN THE GROUND 3 INCHES EAST OF SAID POINT; THENCE SOUTH 733.36 FEET TO A POINT, A STONE SET OVER A BRICK BEING SET IN THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE WEST LINE OF SAID LOT "D'; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. PARCEL (B): THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A PORTION OF THE SOUTH HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN STREET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D"; THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO THE WEST LINE OF SAID LOT "D'; THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN STREET; THENCE EAST 9.75 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY G. CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542, OFFICIAL RECORDS. APN: 402-191-01, 402-191-02, 402-191-04 25A216 i0a:11-111 a EXHIBIT `B" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Subject Fees for Building Permit No. The following development impact fees imposed upon the Property or portion thereof by the City of Santa Ana upon issuance of City of Santa Ana Building Permit No. shall be deferred pursuant to the terms and conditions of this Agreement: (1) TSIA (Combined Non -Residential and Residential -Multifamily) in the amount of $398,967.70 (2) Fire Facilities in the amount of $664,575.73 (3) Park Acquisitions and Development in the amount of $3,058,443.00 Exhibit B 25A-17 EXHIBIT "C" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Form Release of Lien [Attached behind this cover page] 25X' 18 i0a:11-111 a RECORDING REQUESTED BY AND WREN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 RELEASE OF LIEN FOR PAYMENT OF DEVELOPMENT IMPACT FEES The City of Santa Ana, a charter city and municipal corporation of the State of California, does hereby release that leasehold interest in certain real property, as further described in Exhibit I attached to this Release, from the lien for payment of certain development impact fees as created by the Development hnpact Fee Deferral Agreement entered into on by and between the City of Santa Ana and Santa Ana Pacific Associates and Santa Ana Pacific Associates II, which was recorded on as Document Serial No. Official Records of the County of Orange, California ("Agreement"). This release pertains only to the property described above and does not extend to any other property(ies). This release of lien is executed and recorded pursuant to the provisions of California Government Code section 66007. Dated: Attest: City Clerk CITY OF SANTA ANA City Manager 25k219 iMa:11-111 a STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 254- 20