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LOAN AGREEMENT <br />RENTAL REHABILITATION PROGRAM <br />THIS LOAN AGREEMENT (the "Agreement") dated, for identification purposes only, <br />as of May 17, 2022, is made and entered into by and between the City of Santa Ana, a <br />charter city and municipal corporation (referred to herein as "City") and Westview House <br />LP, a California limited partnership (referred to herein as "Developer"), with reference to the <br />following: <br />RECITALS: <br />A. City has received an allocation of funds from the United States Department of <br />Housing and Urban Development ("HUD") under the Rental Rehabilitation Program <br />pursuant to Section 301 of the 1983 Housing and Urban -Rural Recovery Act; <br />B. On April 7, 2020, the Santa Ana City Council authorized the City Manager to <br />execute a pre -commitment letter with Community Development Partners ("CDP") and <br />Mercy House Community Housing Development Organization ("Mercy House CHDO") <br />for three hundred and eight six thousand, five hundred and twenty three dollars and no <br />cents ($386,523.00) in Rental Rehabilitation Program funds. <br />C. Developer is the owner of that certain property commonly known as 2530 and 2534 <br />Westminster Avenue, within the City of Santa Ana, California, and legally described in <br />Exhibit A attached hereto (the "Property"). The loans referenced herein shall assist in the <br />acquisition and new construction of said Property for a multifamily residential housing <br />development. <br />D. In furtherance of the Rental Rehabilitation Program, Developer has applied to the <br />City for a loan with which to: <br />1. provide deeper affordability for a longer term, as well as acquire and <br />construct the Property, and <br />2. thereafter to maintain, operate and professionally manage the Property <br />as decent, safe, sanitary and affordable rental housing. <br />E. City, on certain terms and conditions, desires to make such loan to Developer in <br />order to make possible the acquisition and construction of the Property, to expand the <br />supply of decent, safe, sanitary and affordable housing. <br />F. If there is any discrepancy between Federal and State guidelines with regard to any <br />of the terns and conditions contained herein, the more stringent shall apply. <br />G. This Agreement and all of its attachments shall be enforceable by City in <br />accordance with the terns thereof Each of the Agreement, the Affordability Restrictions <br />on Transfer of Property, the City/Rental Rehabilitation Program Loan Note and the <br />City/Rental Rehabilitation Program Loan Deed of Trust provide a means of enforcement <br />1 <br />westview House <br />City Rental Rehabilitation Pmglum Loan Agreement <br />