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<br /> <br /> <br /> <br /> <br /> The rent standards for the Project must be in compliance with the strictest of the <br />standards imposed by TCAC and HOME Program regulations, or other funding <br />sources contributed to the Project, as applicable. <br /> <br /> All provided funding and Project requirements shall conform to the City’s adopted <br />Affordable Housing Funds Policies and Procedures, unless alternative <br />requirements are expressly provided in the executed NSP and HOME Loan <br />Agreements, Ground Lease Agreement, or any other documents related to the <br />development of the Project. <br /> Approval of all required entitlements and discretionary actions, to allow the <br />construction of an 86-unit affordable housing complex to be located at 1126 and 1146 <br />E. Washington Avenue, Santa Ana, CA 92701. <br /> <br /> The City's obligation to provide the NSP Loan and HOME Loan is and shall remain <br />subject to all covenants, conditions, and restrictions set forth in the Loan Agreements, <br />and in particular City's analysis of the available funding sources and development <br />and operating costs of the Project and the overall economic feasibility of the Project. <br /> <br /> Review and approval of the documents evidencing the NSP Loan and HOME Loan <br />by the City Council. <br /> <br /> Review and approval of the documents evidencing the Ground Lease by the Housing <br />Authority and the County. <br /> <br /> The Housing Authority’s obligation to provide the seven (7) PBVs is and shall remain <br />subject to the City's analysis of the available funding sources and development and <br />operating costs of the Project and the overall economic feasibility of the Project. <br /> <br /> Project funding is contingent on the successful execution of a 62-year Ground <br />Lease Agreement by the Developer with the Housing Authority and County. <br /> Compliance with California Health and Safety Code and applicable regulations set <br />forth in Section 34176. <br /> <br />Developer, at its sole cost and expense, will be responsible for securing any and all <br />permits and discretionary approvals that may be required for the Project by the City, <br />Housing Authority, County, or any other federal, state, or local governmental entity having <br />or claiming jurisdiction over the Property or Project. Notably, this first amended and <br />restated pre-commitment letter shall not obligate the City or any department thereof to <br />approve any application or request for or take any other action in conne ction with any <br />planning approval, permit or other action necessary for the construction, rehabilitation, <br />installation or operation of the Project. <br /> <br />This first amended and restated pre-commitment letter for the project will expire on <br />August 17, 2023. <br /> <br />EXHIBIT 3