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community room and a lounge area. Mercy House Living Centers (“Mercy House”) will manage <br />the onsite manager. <br /> <br /> C. The City of Santa Ana (“City”) and the Housing Authority of the City of Santa <br />Ana (“Housing Authority”) reviewed Developer’s request for assistance and at the City <br />Council/Housing Authority meeting on January 15, 2019, the Housing Authority Board <br />authorized and approved issuance of a conditional, pre-commitment letter evidencing the <br />preliminary award of $1,069,947 of funds to the Project (“Agency Loan”), , to be funded <br />exclusively from the Low and Moderate Income Housing Asset Fund (the “LMIHAF”) held by <br />the Agency. <br /> <br /> D. The amount of the Agency Loan was determined based upon the City and <br />Agency’s review of the Developer’s request for the receipt of the Agency Loan and the <br />development proforma and projected cash flows for the Project submitted by the Developer to <br />the City/Agency as of January, 2019 (“Proforma”). The Housing Authority’s Executive Director <br />has authority to approve revised development proformas and projected cash flows for the <br />Project; provided, however, that the Agency Loan is not materially increased or extended. <br /> <br />E. Developer requested an additional $587,000 from the Agency in order to offset a <br />portion of the additional construction costs associated with the Project due to the increased costs <br />of labor and materials since January 15, 2019. The Agency desires to increase the pre- <br />commitment letter to Developer in order to make possible the development and construction of <br />the Project, thereby expanding the supply of decent, safe, sanitary and affordable housing within <br />the City. <br /> <br />F. In furtherance of the CRL and the Redevelopment Plan, Developer has applied to <br />the Agency for a loan with which to: (1) Lease, develop and construct the Project, and (2) <br />thereafter to maintain, operate and professionally manage the Project as decent, safe, sanitary and <br />affordable rental housing. <br /> <br /> <br /> G. The Agency, on certain terms and conditions, desires to make such Agency Loan <br />to Developer in order to make possible the lease, development, construction, ownership, <br />maintenance and operation of the Project, thereby expanding the supply of decent, safe, sanitary and <br />affordable housing within the City. <br /> <br /> H. If there is any inconsistency between State, and local guidelines with regard to <br />any of the terms and conditions contained herein, the more stringent shall apply. <br /> <br /> I. The Agency Loan Agreement, Agency Deed of Trust, Agency Promissory Note and <br />these Restrictions, dated concurrently herewith (collectively the "Agency Loan Documents") are <br />entered into for the purpose of providing for affordable residential rental units in the City of <br />Santa Ana pursuant to the Agency funds regulations and guidance. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained, Agency and Developer agree as follows: <br />EXHIBIT 4