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80A - AGMT WITH HABITAT FOR HUMANITY
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80A - AGMT WITH HABITAT FOR HUMANITY
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Last modified
11/12/2020 5:24:15 PM
Creation date
11/12/2020 3:26:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
11/17/2020
Destruction Year
2025
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iWa:11:111PA <br />"Lien" means any lien, mortgage, pledge, security interest, charge or <br />encumbrance of any kind, including any conditional sale or other title retention agreement, <br />any lease in the nature thereof, and any agreement to give any lien or security interest. <br />"Project" means the construction of the Improvements generally described <br />in the attached Exhibit A upon the Property by Developer pursuant to this Agreement. <br />"Project Budget" means the line -item budget for the Project attached <br />hereto as Exhibit C, as modified from time to time in accordance with this Agreement. <br />"Property" means the property that is located at 416 Vance Street (APN <br />398-041-22) and 826 N. Lacy Street (APN 398-041-22), Santa Ana, CA 92701 in the City of <br />Santa Ana. <br />"Scope of Work/Schedule of Performance" means the detailed statement <br />of the work to be performed by Developer on and to the Property for the Project pursuant <br />to this Agreement, along with the Schedule of Performance setting forth timeframes for <br />certain tasks, which document is attached hereto as Exhibit B. <br />"Senior Lender" means a commercial or institutional financial institution <br />providing the Senior Loan or any other holder of the Senior Loan Note. <br />"Senior Loan" means a loan from the Senior Lender concurrent to the <br />Inclusionary Grant for payment of a portion of the construction costs, and shall include any <br />subsequent loan that permanently refinances the initial Senior Loan. <br />"Senior Loan Deed of Trust" means the first deed(s) of trust securing the <br />Senior Loan by encumbering the Property. <br />"Senior Loan Documents" means, collectively, the loan agreement <br />governing the Senior Loan, the Senior Loan Note, the Senior Loan Deed of Trust, and any <br />other agreement, document or instrument that the Senior Lender requires in connection <br />with the Senior Loan. <br />1.2 Sineular and Plural Terms. Any defined term used in the plural in this <br />Agreement shall refer to all members of the relevant class and any defined term used in the <br />singular shall refer to any number of the members of the relevant class. <br />1.3 References and Other Terms. Any reference to this Agreement shall <br />include such document both as originally executed and as it may from time to time be <br />modified. References herein to Articles, Sections and Exhibits shall be construed as <br />references to this Agreement unless a different document is named. References to <br />subparagraphs shall be construed as references to the same Section in which the reference <br />appears. The term "document" is used in its broadest sense and encompasses agreements, <br />certificates, opinions, consents, instruments and other written material of every kind. The <br />terms "including" and "include" mean "including (include) without limitation." <br />
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