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04 - Agmt - 605-611 E Washington
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04 - Agmt - 605-611 E Washington
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1/3/2012 3:32:58 PM
Creation date
3/10/2011 10:46:47 AM
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City Clerk
Doc Type
Agenda Packet
Item #
04
Date
3/7/2011
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County. <br />"Official Records" means the official land records maintained by the Rccordor of the <br />"Partnership Agreement" means the Amended and Restated Limited Partnership <br />Agreement of Santa Ana WBBB, LP, dated August 9, 2010, as it may be amended in accordance <br />with the financing for the Project that is approved by the Executive Director pursuant to Section 311.. <br />"Project" means the construction of the improvements upon the Property and the operation <br />of the Project by Developer pursuant to this Agreement and the Project Documents. <br />"Project Costs" means all costs of any nature <br />accordance with generally accepted accounting principle <br />"Project Documents" means this AgreeiYepti~ and <br />NSP Documents, the Affordability Restrictions, and all"'other da <br />to be executed by Developer in furtherance of the Project. <br />"Promissory Notes" means the Agency <br />"Property" means that certain lj~}oel of real~~g <br />Washington in the City of Santa Ana, ~tid3"s,ttlgre fully <br />Property attached hereto as Exhibit A, which is ui~prporab <br />"Redevelopment"hats",aneans the G <br />Safety Code Section 33009, eI seq; rys it may <br />connection with the Project in <br />Loan Documents, the <br />;ements and instruments <br />the City Promissory Note. <br />that is located `at 605-611 East <br />d in the Legal Description of the <br />by reference. <br />to time. <br />Law, Health and <br />"Release of Consteuction CoYenauts" has the meaning set forth in Section 310. <br />"RetaiuagQ" As:defined in,yS~ehon~6~s);,~, <br />"Schedule of Peiformane`e';'~iheans the Schedule of Pet•fonnance attached hereto as Exhibit J <br />and incorpoi~~ted heroin, whichsets forth,the dates and/or time periods by which certain obligations <br />set forth iii ,jlifi Agreement mint be aeuiTxpplished. The Schedule of Performance is subject to <br />~,.~..,, <br />revision from ~~titze to time as mutually agreed upon in writing between the Developer and the <br />Executive Director, ahd the ExoGUtive Director is authorized to make such revisions as he or she <br />deems reasonably necessary , <br />"Satpe of Developmey~'"~4neans the Scope of Development attached hereto as Exhibit K and <br />incorporated herein, which'~'~describes the scope, amount and quality of development of the <br />Improvements to be constructed by the Developer pursuant to the terms and conditions of this <br />Agreement. <br />"Senior Lender" means the state of federal financial institution that provides the Senior <br />Loan, as approved by City pursuant to Section 311. <br />"Senior Loan" shall mean the senior loan being made by the Senior Lender concurrent with <br />the Agency Loan and the City Loan, for payment of a portion of the Project Costs, and shall include <br />any subsequent loan that refinances the initial Senior loan (as approved by the Executive Director). <br />The Senior Loan shall consist of those related loan documents including, but not limited to the Senior <br />Loan Agreement and the Senior Deed of Trust (collectively "Senior Loan Doeutnents"). <br />8 <br />
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