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City shall have the right to review and approve any conditions of title, as reflected <br />on a preliminary title report, and a condition of title guarantee, at Developer's <br />expense, regarding the priority of the Affordable Housing Covenant, subject to <br />City's review and approval. <br />Developer must indemnify, defend, and hold harmless, City against loss or <br />damage suffered by City as a result of any claim by any person or entity arising <br />out of or relating to this pre-commitment or the transactions contemplated by this <br />pre-commitment, excluding claims resulting from the City’s gross negligence <br />and/or willful misconduct. <br />Any other terms and conditions the City determines are reasonably necessary for <br />the MOU to protect the City's interest and comply with applicable law. <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 or <br />any other federal, state, or local governmental entity having or claiming jurisdiction over <br />the Property or Project. Notably, this pre-commitment letter shall not obligate the City or <br />any department thereof to approve any application or request for or take any other <br />action in connection with any planning approval, permit, or o ther action necessary for <br />the construction, rehabilitation, installation or operation of the Project. <br />This pre-commitment letter for the Project will expire on March 4, 2027. <br />If you have any questions or require any additional information regarding this pre- <br />commitment letter, please contact Judson Brown, Housing Division Manager, by <br />telephone at (714) 667-2241 or by e-mail at jbrown@santa-ana.org. <br />Sincerely, <br />On behalf of the City of Santa Ana: <br />_________________________________ <br />Alvaro Nuñez <br />City Manager <br />Attest: <br />_________________________________ <br />Jennifer L. Hall <br />City Clerk <br />RECOMMENDED FOR APPROVAL: <br />___________________________ <br />Michael L. Garcia <br />Executive Director <br />Community Development Agency <br />EXHIBIT 4