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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS) 2-2015
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8/24/2015 11:03:28 AM
Creation date
8/19/2015 2:54:59 PM
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Contracts
Company Name
815 N. HARBOR, L.P. (HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS)
Contract #
A-2015-029
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
2/17/2015
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G. The Loan Agreement and all of its attachments shall be enforceable by <br />City in accordance with the terms thereof. Each of the Loan Agreement, the <br />Affordability Restrictions on Transfer of Property, the City /HOME Loan Note and the <br />City/HOME Deed of Trust provide a means of enforcement by the City if Developer is in <br />breach of its obligations hereunder and thereunder, including liens on the Property, use <br />and deed restrictions and covenants running with the land [24 CFR 92.504 (c) (13)x. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and <br />agreements herein contained, City and Developer agree as follows: <br />DEFINITIONS AND INTERPRETATION <br />1.1 Defined Terms. All capitalized terns used herein, including, without <br />limitation, in the Recitals above and in all other Project Documents, unless otherwise <br />expressly defined, are defined where first used in this Agreement and /or as set forth in <br />this Article 1. <br />"Affordable IIousing" means housing operated in accordance with the <br />requirements of 24 CFR 92.252 and the rents governed by HUD. <br />"Affordability Restrictions on Transfer of Property" means that <br />certain docurnent affecting real property benefiting the City, attached hereto as Exhibit G. <br />"Affordable Rent" means the monthly rents that are set forth in more <br />detail in Section 5 of this Agreement. <br />'Building Permit' means the building permit(s) issued by City that are <br />required for the construction, if any. <br />"Business Day" means any Monday, Tuesday, Wednesday, Thursday or <br />Friday on which Santa Ana City Hall is open to the public for the conduct of City affairs. <br />"Calendar Year" means each consecutive twelve (12) month period from <br />January 1 to December 31. <br />"Certificate of Completion" has the meaning set forth in Article 17. <br />"City" means the City of Santa Ana, California, a charter city and <br />municipal corporation. <br />"City /HOME Loan" means the loan to be made to Developer by City <br />from HOME funds pursuant to Article 3 of this Agreement. <br />"City /HOME Loan Deed of Trust" means the deed of trust encumbering <br />the Property, in the form attached hereto as Exhibit E, to be executed by Developer <br />pursuant to Section 3.13 in order to secure the Loan Note. <br />
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