HABITAT FOR HUMANITY OF ORANGE COUNTY (6)

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• City shall have the right to review and approve any conditions of title, as reflected on a preliminary title report, and a condition of title guarantee, at Developer's expense, regarding the priority of the Affordable Housing Covenant, subject to City's review and approval. • Developer must indemnify, defend, and hold harmless, City against loss or damage suffered by City as a result of any claim by any person or entity arising out of or relating to this pre-commitment or the transactions contemplated by this pre-commitment, excluding claims resulting from the City's gross negligence and/or willful misconduct. • Any other terms and conditions the City determines are reasonably necessary for the MOU to protect the City's interest and comply with applicable law. Developer, at its sole cost and expense, will be responsible for securing any and all permits and discretionary approvals that may be required for the Project by the City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Notably, this pre-commitment letter shall not obligate the City or any department thereof to approve any application or request for or take any other action in connection with any planning approval, permit, or other action necessary for the construction, rehabilitation, installation or operation of the Project. This pre-commitment letter for the Project will expire on July 1 , 2027. If you have any questions or require any additional information regarding this pre- commitment letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667-2241 or by e-mail at jbrown(c_santa-ana.org. Sincerely, On behalf qpthe City of S Ana: varo Nunez City Manager , kxn'f Attest: ennifer L all Cit r RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency