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"City" is defined in the preamble hereto. <br />"City Loan" means the loan to be made to Developer by City solely from HOME Program <br />funds. <br />"City Deed of Trust" means the deed of trust encumbering the Property, in the form attached <br />hereto as Exhibit H-2, to be executed by Developer in order to secure the City Promissory Note. <br />"City Promissory Note" means that certain promissory note in the original principal amount <br />of $2,500,000, in the form attached hereto as Exhibit G, which shall be executed by Developer in <br />favor of City to evidence the obligation of Developer to repay the City Loan through residual receipts <br />as further described in the City Promissory Note. <br />"Conditions Precedent" means the conditions precedent to the disbursement of any portion <br />of the proceeds of the Loans, including the initial disbursement and the final disbursement of the <br />Retainage, as set forth in Sections 601, 602 and 603. <br />"Construction Contract" means each and every contract between Developer, the General <br />Contractor, and/or any subcontractor for the construction of the Improvements, or any part thereof, <br />including construction of any on-site or off-site improvements included in the Scope of <br />Development, the land use entitlement approved by the City, and the approved Design Development <br />Drawings. The Construction Contract between Developer and the General Contractor shall be for a <br />fixed fee to complete all work to be performed or caused to be performed by the General Contractor <br />under such Construction Contract. Each Construction Contract shall be reviewed and reasonably <br />approved (or disapproved) by Executive Director, with each contract to include: (i) a full recitation <br />of Section 3 and the Section 3 Clause with an express acknowledgement and agreement by the <br />General Contractor and each subcontractor, as applicable, to fully comply with the Section 3 Clause, <br />(ii) an express acknowledgement and agreement by the General Contractor and each subcontractor, <br />as applicable, that as a Condition Precedent to the final payment under its contract, the General <br />Contractor or subcontractor, as applicable, shall provide written evidence, in form reasonably <br />satisfactory to the Executive Director and/or HUD, that it and all its subcontractor(s) have complied <br />with the Section 3 Clause in completing the development of the Project, and (iii) reference to all <br />other applicable federal regulations and laws based on the final federal funding sources, if any, to <br />which such General Contractor or subcontractor, as applicable, must comply in undertaking the <br />construction and development of the Project; provided it is understood by the parties that it is and <br />shall remain primarily the Developer's obligation to obtain and submit all required Section 3 Clause <br />documentation. <br />"County" means the County of Orange, California. <br />"Deeds of Trust" means, collectively, the Agency Deed of Trust and City Deed of Trust. <br />"Design Development Drawings" means those plans and drawings to be submitted to the <br />City and Agency for approval, pursuant to Section 302.1. <br />"Developer" is defined in the preamble hereto. Developer is a California limited partnership <br />currently comprised of Orange Housing Development Corporation, a California non-profit public <br />benefit corporation and community housing development organization, and C&C Development Co., <br />LLC, a California limited liability company. <br />250-10