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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
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8/19/2015 2:54:59 PM
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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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CITY HOME LOAN PROMISSORY NOTE <br />SECURED BY SUBORDINATED DEED OF TRUST <br />TO THE CITY OF SANTA ANA, CALIFORNIA <br />(815 N. Harbor Boulevard) <br />$380,000,00 <br />1. Principal Amount of Loan <br />June 26, 2015 <br />Santa Ana, California <br />FOR VALUE RECEIVED, 815 N. Harbor, LP, a limited partnership comprised of OHDC 815 N <br />Harbor, LLC, ( "OHDC "), a California Limited Liability Company, and C &C 815 N Harbor, LLC, a <br />California Limited Liability Company (`Borrower "), hereby promises to pay to the CITY OF SANTA <br />ANA, a charter city and municipal corporation ( "City "), or order, a principal amount not to exceed <br />THREE HUNDRED EIGHTY DOLLARS ($380,000.00) or so much thereof as may be advanced by the <br />City to the Borrower, due and payable with 3% interest by residual receipts over the fifty -five (55) year <br />term, pursuant to the Loan Agreement between Borrower and the City dated concurrently herewith. The <br />obligation of Borrower to City hereunder is subject to the terms of said the Loan Agreement, <br />Affordability Restrictions on Transfer of Property, Deed of Trust and this Note. Said documents are <br />public records on file in the offices of the City, and the provisions of said documents are incorporated <br />herein by this reference. <br />This Note, the Loan Agreement and Affordability Restrictions on Transfer of Property, and the <br />Deed of Trust are sometimes collectively referred to herein as the "HOME Loan Documents." The <br />HOME Loan Documents and the rights and responsibilities inure to the benefit of the City of Santa Ana. <br />Any capitalized term which is not otherwise defined herein shall have the meaning ascribed to such term <br />in the Agreement. <br />2. Definitions. <br />For the purpose of calculating the payments to be made by Borrower to City pursuant to this <br />Note, the following terms shall have the following respective meanings: <br />"Agreement" means the HOME Loan Agreement between the City and the Developer dated <br />concurrently herewith, and any attachments or amendments thereto. <br />"Applicable Law" shall mean those federal, state and local laws, ordinances, regulations, policies <br />and procedures applicable to the HOME Funds (the "HOME Regulations ") (24 CFR Part 92). <br />"Area Median Income" means the median income figures for Orange County as published by the <br />U.S. Department of Housing and Urban Development (HUD). Also may be referred to as "AMI" herein. <br />"Borrower" means 815 N. Harbor, LP, a California limited partnership comprised of OHDC 815 <br />N Harbor, LLC, a California limited liability company as managing general partner and C &C 815 N <br />Harbor, LLC, a California limited liability company as developer general partner. <br />"Calendar Year" means each consecutive twelve (12) month period from January 1 to December <br />31. <br />1076A53V1389384.1 <br />
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