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55A - AGMT LEGACY APARTMENTS
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55A - AGMT LEGACY APARTMENTS
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Last modified
12/10/2020 5:00:39 PM
Creation date
12/10/2020 4:55:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
12/15/2020
Destruction Year
2025
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"County" means the County of Orange, California. <br />"Developer" means Legacy Square L.P., a California limited partnership. <br />"Event of Default" has the meaning set forth in Section 20.1 of the Agreement. <br />"Extremely Low Income" means an adjusted income which does not exceed thirty percent <br />(30%) of the Median Income for the Area, adjusted for household size, as published by the U.S. <br />Department of Housing and Urban Development. <br />"Governmental Authority" means any governmental or quasi -governmental agency, <br />board, bureau, commission, department, court, administrative tribunal or other instrumentality or <br />authority, and any public utility. <br />"Housing Authority" means the Housing Authority of the City of Santa Ana (CA093), a <br />public body, corporate and politic. <br />"HUD" means the United States (U.S.) Department of Housing and Urban Development, <br />and any successors or assigns thereof. <br />"Improvements" means all improvements and fixtures now and hereafter comprising any <br />portion of the Property, including, without limitation, landscaping, trees and plant materials; and <br />offsite improvements, as required through the City of Santa Ana Planning and Building Agency <br />entitlement process. <br />"Inclusionary Deed of Trust" means the deed of trust encumbering the Property, in the <br />form attached hereto as Exhibit C, to be executed by Developer pursuant to Section 5.13.1 in order <br />to secure the Inclusionary Loan Note. <br />"Inclusionary Loan" or "Inclusionary City Load' means a loan in the original principal <br />amount of up to three -million, one -hundred seventy thousand five hundred forty-seven dollars <br />($3,170,547) to be made to Developer by the City to be funded exclusively from the Inclusionary <br />Housing Fund. <br />"Inclusionary Promissory Note" means that certain promissory note for Inclusionary <br />Loan funds in the original principal amount of $3,170,547 in the form attached hereto as Exhibit <br />D, and to be executed by Developer in favor of City to evidence the obligation of Developer to <br />repay the Inclusionary Loan through residual receipts as further described in the Inclusionary <br />Promissory Note. <br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, <br />injunctions, decrees or awards of the United States or any state, county, municipality or other <br />Governmental Authority. <br />4 <br />55A-67 <br />
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