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25B - AGMT - LOAN MOD WITH DEPOT AT SANTIAGO
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25B - AGMT - LOAN MOD WITH DEPOT AT SANTIAGO
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Last modified
2/25/2016 1:53:26 PM
Creation date
2/25/2016 1:49:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
25B
Date
3/1/2016
Destruction Year
2021
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FREE RECORDING REQUESTED PURSUANT <br />TO GOVERNMENT CODE SECTION 27383 <br />When Recorded Mail to: <br />City of Santa Ana <br />20 Civic Center Plaza <br />P.O. Box 1988 (M -37) <br />Santa Ana, California 92702 <br />Attn: Housing Manager <br />CITY LOAN MODIFICATION AGREEMENT <br />City of Santa Ana and Depot At Santiago, L,P, <br />(Depot at Santiago, 923 N. Santiago Street, Santa Ana, California) <br />This LOAN MODIFICATION AGREEMENT (this "Agreement ") is dated as of <br />2016 and is entered into by and between the City of Santa Ana, a charter city and <br />municipal corporation ( "City "), and Depot. At Santiago, LP., a California limited partnership (the <br />"Borrower "). The City and the Borrower shall collectively be referred to herein as "Parties." <br />RECITALS <br />A. Pursuant to that Loan Agreement between the City and the Borrower, dated July 11, <br />2013, and recorded in the Official Records of the County of Orange (the "Official Records ") as <br />Instrument No. 2013000476763 on August 9, 2013, as amended by the Amendment to Loan <br />Agreement between the City anal the Borrower, dated June 18, 2014, and recorded in the Official <br />Records as Instrument No. 2014000255562 on June 27, 2014 (collectively, "Loan Agreement "), <br />the City made a loan to the Borrower in the amount of $3,000,000 (the "City Loan ") to assist <br />with the acquisition and development of certain real property, more particularly described in the <br />attached Exhibit A, for the development of an affordable housing development. <br />B. The City Loan is also evidence by that certain City Promissory Note, dated July <br />11, 2013, executed by the Borrower and payable to the City in the original principal amount of <br />$3,000,000 ( "City Note "), which is secured by that certain City Deed of Trust and Assignment of <br />Rents executed by Borrower in favor of City, dated July 11, 2013, and recorded in the Official <br />Records as Instrument No. 2013000476764 on August 9, 2013 ( "City Deed of Trust "). <br />C. Hz cormection with the City Loan, the City and Borrower entered into that certain <br />Affordability Restrictions on Transfer of Property, dated July 11, 2013, and recorded in the <br />Official Records as Instrument No. 2013000476766 on August 9, 2013, as amended by the <br />1076 \49 \18433t 12 <br />Mij <br />
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