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Asset Fund (“LMIHAF”) in the principal amount of up to One Million Six Hundred Fifty- <br />Six Thousand Nine Hundred Forty-Seven and No/100 Dollars ($1,656,947.00) for the <br />lease, construction, ownership, operation, rehabilitation and other costs of the Project. <br /> <br />4. CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS <br /> <br />4.1 Conditions Precedent. Agency's obligation to disburse the loan is subject <br />to the satisfaction of the following conditions precedent: <br /> <br /> (a) Housing Authority. Review and approval of the documents <br />evidencing the Agency Loan by the Board of the Housing Authority of the City of Santa <br />Ana acting as the Housing Successor Agency. <br /> <br /> (b) Code Compliance. Compliance with California Health and Safety <br />Code and applicable regulations set forth in Section 34176. <br /> <br /> (c) Environmental Review. Compliance with and completion of <br />environmental review of the Project pursuant to the California Environmental Quality Act <br />(“CEQA”) and approval thereof. <br /> <br /> (d) Affordability Restrictions. The funding of $1,656,947.00 is from <br />the Low and Moderate Income Housing Asset Fund, which requires legal restrictions that <br />the Agency cannot amend or repeal. Sixteen (16) of the “Housing Units” at the Project <br />shall and will be restricted to affordable rents referenced in the Affordability Restrictions <br />on Transfer of Property containing conditions, covenants and restrictions executed by <br />Developer and Agency for a period not less than fifty-five (55) years recorded against the <br />Project in the Official Records, County of Orange, California. Nine (9) of the units will be <br />permanent supportive housing for households earning no more than 30% of the Area <br />Median Income; Seven (7) of the units will be permanent supportive housing for <br />households earning no more than 25% of the Area Median Income; and one (1) of the units <br />is reserved for an on-site manager. <br /> <br />(e) Loan Documents. Developer shall have delivered to the Escrow <br />Holder, signed by the authorized officer or officers of Developer, with such signature(s) <br />acknowledged where necessary, each of the following documents: <br /> <br />(i) this Agency Loan Agreement; <br /> <br />(ii) the Agency Promissory Note ($1,656,947.00); <br /> <br />(iii) the Agency Deed of Trust; and, <br /> <br />(iv) the Affordability Restrictions on Transfer of Property. <br /> <br />(f) Title Insurance. Agency shall have received an American Land <br />Title Association (ALTA) Extended Loan Policy (6-17-06), or evidence of a commitment <br />therefore satisfactory to Agency, issued by Commonwealth Land Title Company and in <br />form and substance satisfactory to Agency, together with all endorsements and binders <br />EXHIBIT 4