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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 5th day <br />of December , 2023, by and between the City of Santa Ana, a charter city and municipal corporation of the <br />State of California (“City”), and Central Pointe Phase 1 Development Partners , LP & Central Pointe <br />Phase 2 Development Partners, LP (“Owner”). City and Owner are sometimes individually referred to <br />herein as “Party” and collectively as “Parties.” <br />2. RECITALS. <br /> <br />2.1 Owner is the owner of the projects known as Central Pointe Phase 1 and Central Pointe <br />Phase 2 located at 1751 and 1851 E. Fourth Street (collectively, 1801 E. Fourth Street) in Santa Ana, CA <br />(“Projects) and more particularly described in Exhibit “A” attached hereto. Owner is the developer of the <br />two mixed-use buildings, a 325-unit (Phase I. 1851 E. Fourth Street), and a 319-unit (Phase II, 1751 E. <br />Fourth Street ) multi-family development. Both of which consist of retail/restaurant spaces on the first <br />level and Type III-A construction building with 5-level wood frame structure and a concrete parking <br />structure with pool deck and other amenities serving the apartment building with direct access on each <br />level. Owner has received City approval and is in the process of obtaining the building permits; <br /> <br />2.2 Prior to issuance of any building permits, the City currently requires the payment of <br />various development impact fees for all residential projects to help address the impacts of new <br />development; <br /> <br />2.3 On November 3, 2023 Owner submitted a written request formally requesting the deferral <br />of specific development impact fees for the Property pursuant to California Government Code section <br />66007; and, <br /> <br />2.4 City and Owner desire to execute this Agreement to defer certain development impact <br />fees applicable to the Property and place a lien on the Property to secure payment of these fees, pursuant <br />to the terms and conditions set forth herein. <br /> <br />3. TERMS. <br /> <br />3.1 Deferral of Development Impact Fees. <br /> <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 Projects <br />ordinarily due before issuance of a building permit for any new residential units on the Property <br />(including manager’s units) will be deferred until immediately prior to the final inspection or issuance of <br />Certificate of Occupancy (COC), for any new residential units on the Property, whichever occurs first <br />(“Deferral Period”) for each of the two independent project phases described in Section 2.1. City and <br />Owner acknowledge and agree that the City Council may, in its sole and absolute discretion and during a <br />regular, regular adjourned, or a special meeting of the City Council, extend the deadline for payment of <br />the Subject Fees without obtaining the approval of Owner or an amendment or modification of this <br />Agreement. Any extension granted by the City C ouncil pursuant to this Section 3.1.1 shall automatically <br />be deemed to be part of the Deferral Period for purposes of this Agreement.