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Meta Housing Corporation <br />Santa Ana Arts Collective <br />November 3, 2015 <br />Page 3 <br />4. 63 of the 64 "Housing Units" at the Project shall and will be restricted to "Affordable Rent" as defined by the <br />TCAC Regulations for a period not less than 55 years pursuant to conditions, covenants and restrictions <br />recorded against the Project in the Official Records, County of Orange, California. One (1) Housing Unit will <br />be rented to an on-site property manager; the manager's unit will not be rent -restricted. 11 0£ the 64 units will <br />be HOME -funded units. <br />5, All Housing Units at the Project must pass Housing Quality Standard and the City's HOME Property <br />Standards (or other standards as applicable) inspections at the completion of construction, as required by <br />applicable HUD federal regulations at 24 CFR Part 92. <br />6. The HOME Loan Agreement will require that, the Developer will not charge more than an Affordable HOME <br />Rent (at the levels prescribed in the HOME Loan Agreement) for any HOME Unit at the Project, <br />notwithstanding that the Developer may accept tenants holding Section 8 vouchers or certificates. Thus, the <br />total per-unit subsidy the Developer will receive under the Section 8 program or other tenant -based or project - <br />based rental assistance program will be limited to the difference between the Affordable HOME Rent for the <br />HOME Unit under the HOME Loan Agreement and 30% of the tenant's monthly income. The HOME Loan <br />Agreement will provide the Community Development Agency Executive Director with authority to waive or <br />modify this requirement in his or her sole and absolute discretion. <br />The HOME Loan Agreement shall provide that each of the following conditions shall be met prior to the <br />disbursement of any portion of the HOME Loan: <br />a. All grading permits shall have been issued and the City shall have issued a letter stating that building <br />permits are ready to issue, subject only to payment of fees and the completion of grading of the <br />Project site. <br />b. Developer shall have secured all necessary financing and funding for the construction and operation <br />of the Project. Such financing and funding shall be sufficient to pay all Project development costs, <br />through lease -up, as set forth in a final budget consistent with the approved Profenna (or as otherwise <br />approved by Santa Ana). <br />c. The Developer shall have provided evidence to Santa Ana that the Developer has obtained insurance <br />policies and certificates or endorsements acceptable to Santa Ana, as described in the HOME Loan <br />Agreement. <br />d. The Developer shall have provided construction security in favor of Santa Ana, which may include a <br />completion guarantee from Meta Housing Corporation and/or a letter of credit and/or performance & <br />payment bonds from the general contractor for the Project (or some combination of these), in an <br />amount sufficient to ensure the Project will be completed and placed in service within the time set <br />forth in the Project schedule approved by Santa Ana. <br />e. Developer shall submit and obtain Executive Director of the Community Development Agency's <br />approval of the construction contract, Developer's limited partnership agreement for the limited <br />partnership entity to be formed to own and operate the Project, and management, marketing and <br />tenant selection plans for the Project. <br />29A-11 <br />