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25B - AGMT - CDBG HOUSING LOAN
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25B - AGMT - CDBG HOUSING LOAN
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Last modified
1/28/2016 4:31:05 PM
Creation date
1/28/2016 3:47:48 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
2/2/2016
Destruction Year
2021
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"Laws" means all statutes, laws, ordinances, regulations, orders, writs, <br />judgments, injunctions, decrees or awards of the United States or any state, county, <br />municipality or other Governmental Authority. <br />"Lien" means any lien, mortgage, pledge, security interest, charge or <br />encumbrance of any kind (including any conditional sale or other title retention agreement, any <br />lease in the nature thereof, and any agreement to give any lien or security interest). <br />"Loan Documents" means, collectively, this Agreement, the hiclusionary <br />Promissory Note, the Inclusionary Deed of Trust, CDBG Promissory Note, CDBG Deed of <br />Trust, Affordability Restrictions on Transfer of Property, Project Budget, Scope of Work / <br />Schedule of Performance, and any other agreement, document, or instrument that the City <br />reasonably requires in connection with the execution of this Agreement or from time to time to <br />effectuate the purposes of this Agreement. <br />"Low Income" means an adjusted income which does not exceed eighty percent <br />(80 %) of the area median income for the Orange County, California PMSA, adjusted for <br />household size, as published by HUD. <br />"Median Income for the Area" means the median income for the Orange <br />County, California PMSA as most recently determined by HUD. Also may be referred to <br />interchangeably in the Loan Documents as "Area Median Income" or "AMP'. <br />"Partnership Agreement" means the Agreement of Limited Partnership of Santa <br />Ana Arts Collective, L.P., dated as of December 1, 2015. <br />"Permitted Encumbrances for the Affordable Housing Restrictions" means <br />collectively, the Senior Loan Deed of Trust and all other title exceptions and limitations with <br />respect to the Property hereafter approved by the City Project Manager in writing. <br />"Permitted Encumbrances for the City Deed of Trust" means the <br />Senior Loan Deed(s) of Trust and all other title exceptions and limitations with respect to the <br />Property hereafter approved by the City Project Manager in writing. <br />"Project" means the construction of the hnprovements upon the Property by <br />Developer pursuant to this Agreement. <br />"Project Budget" means the line -item budget for the Project attached hereto <br />as Exhibit G, as modified from time to time in accordance with this Agreement. <br />"Project Costs" means all costs of any nature incurred in connection with <br />the Project in accordance with generally accepted accounting principles. <br />25B -12 <br />
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