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<br />1 <br />The Crossroads at Washington <br />City HOME Loan Agreement <br /> <br />LOAN AGREEMENT <br />HOME PROGRAM <br /> <br /> <br />THIS LOAN AGREEMENT (the "Agreement") dated, for identification purposes only, <br />as of June 21, 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 Washington Santa <br />Ana Housing Partners, L.P., a California limited partnership (referred to herein as <br />“Developer”), with reference to the 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 HOME Investment Partnerships <br />Program (the "HOME Program") (42 U.S.C. §12701, et seq.,) to be used in accordance <br />with applicable statutory requirements and regulations (the "HOME Regulations") (24 <br />CFR Part 92); <br />B. The Housing Authority of the City of Santa Ana (“Housing Authority”) owns one <br />parcel located at 1136 East Washington Avenue (APN 398-092-14) totaling approximately <br />1.43 acres of land area (“Housing Authority Parcel”). The County of Orange (“County”) <br />owns an adjacent parcel (APN 398-092-13) totaling approximately 0.85 acres of land area <br />(“County Parcel”). The two parcels will be merged into one parcel (“Property”) and co- <br />owned by the Housing Authority and the County as Tenants-In-Common. <br />C. The Housing Authority and the County will ground lease the Property to the <br />Developer (the “Ground Lease”) for sixty-two (62) years from the Certificate of Completion, <br />but no more than sixty-five (65) years from the date of execution of the Ground Lease. <br />D. In furtherance of the HOME Program, Developer has applied to the City for a loan <br />with which to: <br />1. provide deeper affordability for a longer term, as well as acquire and <br />construct the Property, and <br /> <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 construction of the Property, to expand the supply of decent, <br />safe, sanitary and affordable housing. <br />F. If there is any discrepancy between Federal and State guidelines with regard to any <br />of the terms 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 terms thereof. Each of the Agreement, the Affordability Restrictions <br />on Transfer of Property, the City/HOME Loan Note and the City/HOME Loan Deed of <br />EXHIBIT 5