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construct and maintain affordable imdti-family residential housing on the Property which shall <br />remain affordable for a period of not fewer than 55 years. City shall provide a "City Loan" and the <br />Agency shall provide an "Agency Loan" (together, the "Loans") to the Developer for development of <br />the Property, all in accordance with the terms of this Agreement. <br />E. Separate Promissory Notes shall be executed by Developer in the amount of the <br />Loans to be made by City and Agency to Developer pursuant to this Agreement, The Agency <br />Promissory Note will be in the original principal amount of $3,888,497 (see the Agency Promissory <br />Note attached hereto and incorporated herein as Exhibit F) and t~e,City Promissory Note will be in <br />the original principal amount of $2,500,000 (see the City P~t``aniissory Note attached hereto and <br />incorporated herein as Exhibit G). Separate Deeds of trust will be executed for each promissory <br />note and recorded against the Property in the Official Recotdsf{see the Agency Deed of Trust and <br />City Deed of Trust attached hereto and incorporated he~'e[n as Exhibits H-1 and H-2, respectively). <br />F, The City's and Agency's ~ <br />construction of the Improvements on the Pi <br />vital and best interest of the City and the 1 <br />with the public pwposes and provisions of <br />under which the redevelopment of thq;Ei~oje <br />G. Prior to and as a Conditfori `Pj~s <br />Developer shall apply for an obtain (and subr <br />Director) (1) an allocation of tax exempt bond <br />Committee (CDLAC)J '(2) an aXJ,pcation of i <br />Credits") from the Ca111oxma Tax'C{i`edit Allobi <br />~, <br />for a Senior Loan from'--a Senior ~"endar. all <br />pursuant to Section 311.1'leh <br />H " ' ?It is agreed b~ <br />part of this Agreement a`,nd,, t] <br />~;F,. <br />Recitals. ahd all exhibits `at <br />reference, "shall constitute the <br />1. If#hpre is any <br />the terms and corditi4ns con <br />apply. f.:; . <br />NOW, THEREFOR <br />herein contained, City, Agenc <br />ns to the Deve~p~e <br />it to the terms of.thi <br />and welfare of its` <br />aral, stijte, and local <br />and the Developer's <br />Agreement, are in the <br />>idents, and in accord <br />aws;-and requirements <br />to d~sbuxs,~ment of any portion of the Loans, <br />cncc docir~~nting the same to the Executive <br />irg frpm thd'~~lifornia Debt Limit Allocation <br />4% Jovv,,,,inoo'me housing tax credits ("Tax <br />imnnttee~~~T,~AC), and (3) a firm commitment <br />„„ <br />sonably apljroved by the Executive Director <br />farti~S;-that the foregoing Kecitals are a substantive <br />s atilt>.conditions are approvod and together with the <br />reto~'~all of which are incorporated herein by this <br />between the Agency and Developer. <br />Fancy between federal and state guidelines with regard to any of <br />herein, the more shingent (most restrictive) requirements shall <br />,for and in consideration of the mutual covenants and agreements <br />and Developer agree as follows: <br />100. DEFINITIONS AND INTERPRETATION <br />101. Defined Terms. All capitalized terms used herein, including, withouC limitation, in <br />the Recitals above and in all other Project Documents, unless otherwise expressly defined, are <br />defined where first used in this Agreement, and/or as set forth in this Section 101. <br />"Affordable Housing" means housing operated in accordance with the requirements of <br />24 CFR 92.252 and the rents governed by California Health and Safety Code Section 50053. <br />2 <br />