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Director has authority to approve revised development proformas and projected cash flows <br />for the Project; provided, however, that the Agency Loan is not materially increased or <br />extended. <br /> <br /> E. Developer requested an additional $587,000 from the Agency in order to <br />offset a portion of the additional construction costs associated with the Project due to the <br />increased costs of labor and materials since January 15, 2019. <br /> <br /> F. The Agency desires to increase the pre-commitment letter to Developer in <br />order to make possible the development and construction of the Project, thereby expanding <br />the supply of decent, safe, sanitary and affordable housing within the City. <br /> <br />G. In furtherance of the CRL and the Redevelopment Plan, Developer has <br />applied to the Agency for a loan with which to: (1) Lease, develop and construct the Project, <br />and (2) thereafter to maintain, operate and professionally manage the Project as decent, <br />safe, sanitary and affordable rental housing. <br /> <br /> H. The Agency, on certain terms and conditions, desires to make such Agency <br />Loan 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, <br />sanitary and affordable housing within the City. <br /> <br /> I. If there is any inconsistency between State, and local guidelines with regard <br />to any of the terms and conditions contained herein, the more stringent shall apply. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements <br />herein contained, Agency and Developer agree as follows: <br /> <br />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 Project Documents, unless otherwise <br />expressly defined, are defined where first used in this Agreement and/or as set forth in this <br />Article 1. <br /> <br />“Adjusted for family size appropriate to the unit" shall have the <br />meaning set forth by Health and Safety Code Section 50052.5(h). <br /> <br /> "Affordability Restrictions on Transfer of Property" means that certain <br />document affecting real property benefiting the Agency, attached hereto and incorporated <br />herein as Exhibit B. <br /> <br /> "Affordable Housing" means the total housing costs paid by a qualifying <br />household, which shall not exceed the fraction of gross income specified, as follows, in <br />accordance with Sections 50052.5 and 50053 of the Health & Safety Code and the U.S. <br />Department of Housing and Urban Development (HUD): <br /> <br />EXHIBIT 4