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EXHIBIT 2 <br /> • 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 other action necessary for <br /> the construction, rehabilitation, installation or operation of the Project. <br /> This pre-commitment letter for the Project will expire on July 1, 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(aD_santa-ana.orq. <br /> Sincerely, <br /> On behalf of the City of Santa Ana: <br /> Alvaro Nunez <br /> City Manager <br /> Attest: <br /> Jennifer L. Hall <br /> City Clerk <br /> RECOMMENDED FOR APPROVAL: <br /> Michael L. Garcia <br /> Executive Director <br /> Community Development Agency <br />