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80A - JOINT - LOAN AGMT AMCAL
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80A - JOINT - LOAN AGMT AMCAL
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Last modified
2/2/2017 4:09:44 PM
Creation date
2/2/2017 3:55:17 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
2/7/2017
Destruction Year
2022
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"Extremely Low Income" means an adjusted income which does not exceed <br />thirty percent (30 %) of the area median income for the Orange County, California PMSA, <br />adjusted for household size, as published by HCD in accordance with Sections 50052.5 and <br />50053 of the Health & Safety Code. <br />"Event of Default" has the meaning set forth in Section 20.1. <br />"General Partner" means AMCAL Multi- Housing Two LLC, a California <br />limited liability company. <br />"Governmental Authority" means any governmental or quasi - governmental <br />agency, board, bureau, commission, department, court, administrative tribunal or other <br />instrumentality or authority, and any public utility. <br />"Hazardous Materials" means flammable materials, explosives, radioactive <br />materials, hazardous wastes, toxic substances and similar substances and materials, including all <br />substances and materials defined as hazardous or toxic wastes, substances or materials under any <br />applicable law, including without limitation the Resource Conservation and Recovery Act, 42 <br />U.S.C. §§ 6901 et s�Mc., and the Comprehensive Environmental Response, Compensation and <br />Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. Hazardous Material shall not <br />include (i) construction products, household cleaners and office materials of the type and <br />quantity ordinarily used in the normal construction, operation and maintenance of properties <br />similar to the Project or (ii) small amounts of household mold to the extent promptly remediated <br />upon discovery. <br />"Housing Opportunity Ordinance" means the Ordinance originally adopted by <br />the City Council on November 28, 2011 (Ordinance No. NS- 2825), and as amended by the City <br />Council on September 1, 2015 (Ordinance No. NS- 2881), and on October 6, 2015 (Ordinance <br />No. NS- 2885), which is codified in Article XVIII.I, Section 41 -1900, et seq. of the Santa Ana <br />Municipal Code. <br />"HUD" means the United States Department of Housing and Urban Development <br />and any successors or assigns thereof. <br />"HCD" means the California Department of Housing and Community <br />Development and any successors or assigns thereof. <br />"Improvements" means all improvements and fixtures now and hereafter <br />comprising any portion of the Property, including, without limitation, landscaping, trees and <br />plant materials; and offsite improvements, as required through the City of Santa Ana Planning <br />and Building Agency entitlement process. <br />"Inclusionary Deed of Trust" means the deed of trust encumbering the <br />Property, in the form attached hereto as Exhibit C, to be executed by Developer pursuant to <br />Section 5.B.1 in order to secure the Inclusionary Loan Note. <br />5 <br />80A -11 <br />
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