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"City" is defined in the preamble hereto. <br />funds. <br />"City Loan" means the loan to be made to Developer by City solely from HOME Program <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, whipl sli~ll be executed by Developer iu <br />favor of City to evidence the obligation of Developer to repay the City Loan through residual receipts <br />as fiirthcr described in the City Promissory Note. _ <br />"Conditions Precedent" means the conditiotis <br />of the proceeds of Che Loans, including the tnrtial dis' <br />Retainage, as set forth in Sections 601, 602 and 603.'` <br />"Construction Contract" means each and eve <br />Contractor, and/or any subcontractor for the construcfi <br />including construction of any on site bl; off-site <br />Development, the land use entitlement~~pprtivedby the <br />Drawings. The Construction Contract betpy~een Deye~o <br />r ; .,.. <br />fixed fee to complete all woxlc to be performed or caGSf <br />under such Construction Contract. Each C6tistructiori <br />approved (or disapl <br />of Section 3 and tl <br />General Cont<~actor <br />(ii) an cxprc~s agkr, <br />as applicabl6, fhaf-: <br />the <br />with the Section 3 Clause <br />other applicab"Ie;,~ederal re <br />which such Gcnt>~~1, Cont <br />construction and developn <br />shall remain pnmanlyk}ie., <br />documentation. <br />"County" means the <br />with <br />or, as <br />;ment of any portion <br />disbursement of the <br />!t between Devetoper, the General <br />mprovements, o~'~ny part thereof, <br />ents included it the Scope of <br />the approved Design Development <br />,.General Contractor shall be for a <br />be perf9rlned by the General Conh•actor <br />j~ract slia~l Abe reviewed and reasonably <br />~, , <br />b6rihact to include: (i) a full recitation <br />s acknowledgement and agreement by the <br />~, to fully comply with the Scetion 3 Clause, <br />General Contractor and each subcontractor, <br />al payment under its contract, the General <br />ride written evidence, in form reasonably <br />it and all its subcontractor(s) have complied <br />etmgahc development of the Project, and (iii) reference to all <br />and 1asv~ based on the final federal funding souroes, if any, to <br />subaonfraotor, as applicable, must comply in undertaking tho <br />Project; provided it is understood by the parties that it is and <br />'s obligation to obtain and submit all required Section 3 Clause <br />of Orange, California. <br />"Deeds of Trust" means, collectively, the Agency Deed of Trust and City Decd of Trust. <br />"llesign 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 />