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EXHIBIT 3 <br />be construed as references to this Agreement unless a different document is named. <br />References to subparagraphs shall be construed as references to the same Section in <br />which the reference appears. The term "document" is used in its broadest sense and <br />encompasses agreements, certificates, opinions, consents, instruments and other written <br />material of every kind. The terms "including" and "include" mean "including (include) <br />without limitation." <br />1.4 Exhibits Incorporated. All attachments and exhibits to this Agreement, <br />as now existing and as the same may from time to time be modified, are incorporated <br />herein by this reference. <br />AMENDMENT AND RESTATEMENT <br />This Agreement amends, restates and supersedes in their entirety the HOME Loan <br />Agreements. <br />SCOPE OF WORK/ PROJECT BUDGET <br />Developer shall comply with this Section until the Certificate of Completion is <br />issued. <br />A "Scope of Work" for the Property is attached hereto as Exhibit B. Any change <br />to the Scope of Work requested by the Developer, which would result in a change <br />to the Project Budget in excess of ten percent (10%) of any individual line item or in <br />excess of five percent (5%) of the aggregate budget, shall be subject to the prior written <br />approval of the Executive Director. <br />A line -item budget for the Project, including a summary statement of sources and <br />uses of funds, is incorporated into Exhibit C (the "Project Budget"). Any material change <br />to the Project Budget in excess of ten percent (10%) of any individual line item or in <br />excess of five percent (5%) of the aggregate budget shall be subject to the prior written <br />approval of the Executive Director which if not granted or denied within five (5) <br />Business Days, shall be deemed approved; provided, however, that in all events, <br />Developer shall at all times obtain and maintain all required permits and approvals from <br />the City's Planning and Building Agency. Notwithstanding the foregoing, the City's <br />approval of a change order shall not be required unless the approval of the Senior Lender <br />is required with respect to such change order. <br />4. [RESERVED] <br />5. LOANS <br />A. CITY LOAN: <br />1. Amount and Purpose. Subject to the terms and conditions of this Agreement, <br />City agrees to make a loan of HOME funds to Developer in the principal amount of up to <br />FIVE MILLION, ONE HUNDRED, TWENTY-EIGHT THOUSAND, ONE HUNDRED <br />AND FIFTY-TWO DOLLARS ($5,128,152) (the "City/HOME Loan") for the <br />