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80A - JOINT - LOAN AGMT AMCAL
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02/07/2017
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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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to be funded exclusively from the Low and Moderate Income Housing Asset Fund (the <br />"LMIHAF ") held by the Agency. <br />D. The amount of the Agency Loan was determined based upon the City and <br />Agency's review of the Developer's request for the receipt of the Agency Loan and the <br />development proforma and projected cash flows for the Project submitted by the Developer <br />to the City /Agency as of March 18, 2016 ( "Proforma "). The Housing Authority's <br />Executive Director has authority to approve revised development proformas and projected <br />cash flows for the Project; provided, however, that the Agency Loan is not materially <br />increased or extended. <br />E. hi furtherance of the CRL and the Redevelopment Plan, Developer has <br />applied to the Agency for a loan with which to: <br />Provide deeper affordability and construct the improvements to the <br />Property, and <br />2. Thereafter to maintain, operate and professionally manage the Project <br />as decent, safe, sanitary and affordable rental housing. <br />F. The Agency, on certain terms and conditions, desires to make such Agency <br />Loan to Developer in order to make possible the construction of the Project, thereby <br />expanding the supply of decent, safe, sanitary and affordable housing. <br />G. If there is any inconsistency between Federal, State, and local guidelines <br />with regard to any of the terms and conditions contained herein, the more stringent shall <br />apply. <br />NOW, THEREFORE, for and in consideration of the mutual covenants and agreements <br />herein contained, Agency and Developer agree as follows: <br />DEFINITIONS AND INTERPRETATION <br />1.1 Defined Terms. All capitalized terms used herein, including, without <br />limitation, in the Recitals above and in all other Project Documents, unless otherwise <br />expressly defined, are defined where first used in this Agreement and/or as set forth in this <br />Article 1. <br />"Affordable Housing" means the total housing costs paid by a qualifying <br />household, which shall not exceed the fraction of gross income specified, as follows, in <br />accordance with Sections 50052.5 and 50053 of the Health & Safety Code: <br />Very Low - Income Households. Thirty (30) percent of the income of a household <br />earning fifty (50) percent of the Orange County median income adjusted for family <br />size appropriate for the unit. <br />Low - Income Households. Thirty (30) percent of the income of a household earning <br />seventy (70) percent of the Orange County median income for for -sale units, and <br />80A -129 <br />
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