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

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1525165.2 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 1. PARTIES AND EFFECTIVE DATE. This Development Impact Fee Deferral Agreement (“Agreement”) is entered into on this _______ day of _______________________, 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County (“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 the Housing Authority of the City of Santa Ana, a public body, corporate and politic, and more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference and as evidenced by that certain Memoranda of Lease between _____, which was recorded in the Official Records of Orange County, California on _____, as Document No. ____ (“Property”). Owner is the developer of the affordable rental residential community consisting of seventeen (17) units with sixteen (16) units of permanent supportive housing for chronically homeless individuals, 1,120 square feet of group space, and a 389 square foot community room at 801, 807, 809 and 809 ½ East Santa Ana Boulevard, 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 ____, 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 place a lien on the Property 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 on Exhibit “B,” for the Property ordinarily due before issuance of a building permit for any new affordable residential units on the Property (including manager’s units) will be deferred until immediately 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 EXHIBIT 7