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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
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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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"Indemnitees" has the meaning set forth in Section 18.2. <br />"Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, <br />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 encumbrance of <br />any kind (including any conditional sale or other title retention agreement, any lease in the <br />nature thereof, and any agreement to give any lien or security interest). <br />"Loan Agreement" means the Loan Agreement regarding the loan of CDBG and <br />Inclusionary funds between the City and the Owner, and any attachments thereto. <br />"Loan Documents" means, collectively, the Loan Agreement, the CDBG Promissory <br />Note, the CDBG Deed of Trust, Inclusionary Promissory Note, Inclusionary Deed of Trust <br />and this Agreement, and any other agreement, document, or instrument that the City requires <br />in connection with the execution of this Agreement or from time to time to effectuate the <br />purposes of this Agreement. <br />"Low Income" means an adjusted income which does not exceed eighty percent (80 %) <br />of the area median income for the Orange County, California PMSA, adjusted for household <br />size, as published by HUD. <br />"Median Income for the Area" means the median income for the Orange County, <br />California PMSA as most recently determined by HUD. Also may be referred to <br />interchangeably in the Loan Documents as "Area Median Income" or "AMI ". <br />"Partnership Agreement" means the Amended and Restated Limited Partnership <br />Agreement of Santa Ana Arts Collective, LP., 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 Senior Loan Deed <br />of Trust and all other title exceptions and limitations with respect to the Property hereafter <br />approved by the City Project Manager in writing. <br />"Project" means the construction of the Improvements upon the Property by Owner <br />pursuant to this Agreement. <br />"Project Budget" means the line -item budget for the Project attached as Exhibit G to <br />the Loan Agreement, as modified from time to time in accordance with the Loan Agreement. <br />"Project Costs" means all costs of any nature incurred in connection with the Project in <br />accordance with generally accepted accounting principles. <br />25B -56 <br />
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