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Page 12 <br />for the development of affordable housing at 416 Vance Street and 826 N. Lacy <br />Street, Santa Ana, CA 92701 ("Ground Lease"). <br />This letter shall evidence the Agency's pre -commitment of the Agency Assistance to the <br />Developer for the Project subject to the conditions described below. <br />City Loan: <br />The amount of the proposed City Loan has been determined based upon the City's review <br />of the Developer's request for the receipt of the Agency Assistance and the development <br />proforma and projected cash flows for the Project submitted by the Developer to the City <br />("Proforma"). The City Manager and Housing Authority Executive Director has authority to <br />approve revised development proformas and projected cash flows for the Project; provided, <br />however, that the City Assistance is not increased or extended. <br />The City Loan shall include the following terms: <br />• $231,494 maximum principal amount, or as much thereof as is disbursed for hard <br />and soft costs in constructing the Project, provided from the City of Santa Ana <br />Inclusionary Housing Fund. <br />• 3% simple interest per annum. <br />Repayment from 50% of Residual Receipts (pro -rata with payments due in <br />connection with other financing provided by other public agencies) (after payment of <br />operating expenses, debt service, any deferred developer fee, and partnership fees <br />to be described in the Agreement) with the remaining 50% to be disbursed to the <br />Developer. <br />Remaining principal and accrued interest due upon the 55th anniversary of the <br />issuance of Certificate of Occupancy and/orfinal building permits or earlier upon sale, <br />refinancing or default. On that date, the City agrees to review the performance of the <br />property and consider in good faith any reasonable request by Developer to modify <br />the terms or extend the term of the City Promissory Notes. Additionally, the City will <br />receive a pro rata share of 50% of the net proceeds received from any sale or <br />refinancing of the Project, after payment of outstanding debt and payment in full of <br />any deferred developer fee and establishment of any reserves and transaction costs. <br />• Cost savings from the Project, if any, will be applied first to pay down the City Loan. <br />Ground Lease: <br />The Project will be located at 416 Vance Street (APN 398-041-22) and 826 N. Lacy Street <br />(APN 398-041-22) ("Property"). The Housing Authority currently owns the Property. <br />Accordingly, the Housing Authority Board authorized the lease of the Property to the <br />Developer for the Project. After Developer secures all of its remaining financing for the <br />