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<br />2 <br />The Crossroads at Washington <br />City HOME Loan Agreement <br />Trust provide a means of enforcement by the City if Developer is in breach of its <br />obligations hereunder and thereunder, including liens on the Property, use and deed <br />restrictions and covenants running with the land [24 CFR 92.504 (c) (13)]. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements <br />herein contained, City and Developer agree as follows: <br /> <br />Section 1. DEFINITIONS AND INTERPRETATION <br /> <br />1.1. Defined Terms. All capitalized terms used herein, including, without <br />limitation, in the Recitals above and in all other Loan Documents, unless otherwise <br />expressly defined, are defined where first used in this Agreement and/or as set forth in this <br />Section 1. <br /> "Affordable Housing" means housing operated in accordance with the <br />requirements of 24 CFR 92.252 and the rents governed by HUD. <br /> <br />“Affordability Period” means the period beginning upon the issuance of the <br />Certificate of Completion and ending on the date which is sixty-two (62) years after the <br />issuance of the Certificate of Completion during which the Affordability Restrictions on <br />Transfer of Property remain in effect. <br /> <br />"Affordability Restrictions on Transfer of Property" means that certain <br />document affecting real property benefiting the City, attached hereto as Exhibit F. <br /> <br /> “Affordable Rent” means the monthly rents that are set forth in more detail in <br />Section 7 of this Agreement. <br /> <br />"Building Permit" means the building permit(s) issued by City and required for <br />the construction, if any. <br /> <br />"Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday on <br />which Santa Ana City Hall is open to the public to conduct City affairs. <br /> <br />"Calendar Year" means each consecutive twelve (12) month period from January <br />1 to December 31. <br /> <br />"Certificate of Completion" has the meaning set forth in Article 17. <br /> <br />"City" means the City of Santa Ana, California, a charter city and municipal <br />corporation. <br /> <br />"City/HOME Loan" means the loan to be made to Developer by City from HOME <br />funds pursuant to Article 5 of this Agreement. <br /> <br />EXHIBIT 5