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The Tenn of Affordability for the Project is fifty-five (55) years from the date of issuance <br />of Certificate of Occupancy for the Project, or repayment of the Inclusionary Loan, <br />whichever is longer. <br />5.1. Inclusionary Funds: <br />A. Amount and Purpose. Subject to the terms and conditions of this <br />Agreement, City agrees to make a loan to Developer from the Inclusionary Housing Fund <br />in the principal amount of up to $1,300,000.00 for the acquisition, construction, ownership, <br />operation, rehabilitation and other costs of the Project. <br />6. CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS <br />6.1 Conditions Precedent. City's obligation to disburse the loan is subject to <br />the satisfaction of the following conditions precedent: <br />(a) City Council. Review and approval of the documents evidencing <br />the Inclusionary Loan by the City Council of the City of Santa Ana. <br />(b) Code Compliance. Compliance with California Health and Safety <br />Code and applicable regulations set forth in Section 34176. <br />(c) Environmental Review. Compliance with and completion of <br />environmental review of the Project pursuant to the California Environmental Quality Act <br />("CEQA") and approval thereof. <br />(d) Affordability Restrictions. The finding of $1,300,000 is from the <br />Inclusionary Housing Fund. Fifty (50) of the "Housing Units" at the Project shall and will <br />be restricted to affordable rents pursuant to the Maximum Rents published yearly by the <br />California Tax Credit Allocation Committee (TCAC) and referenced in the regulatory <br />agreement containing conditions, covenants and restrictions executed by Developer and <br />TCAC for a period not less than fifty-five (55) years recorded against the Project in the <br />Official Records, County of Orange, California. At least fifteen (15) of the Housing Units <br />at the Project shall and will be restricted to households earning 30% or less of the AMI. <br />One (1) Housing Unit will be rented to an on -site property manager; the manager's unit <br />will not be rent restricted. <br />(e) Loan Documents. Developer shall have delivered to the Escrow <br />Holder, signed by the authorized officer or officers of Developer, with such signature(s) <br />acknowledged where necessary, each of the following documents: <br />(i) this hnclusionary Loan Agreement; <br />(ii) the Inclusionary Promissory Note ($1,300,000); <br />(iii) the Inclusionary Deed of Trust; and, <br />(iv) the Affordability Restrictions on Transfer of Property. <br />