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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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"Partnership Agreement" means the Agreement of Limited Partnership <br />of AMCAL 1440 SANTA ANA FUND, L.P., dated as of September 1, 2015 attached <br />herein as Exhibit H. <br />"Permitted Encumbrances for the Affordable Housing Restrictions" <br />means collectively, the Senior Loan Deed of Trust and all other title exceptions and <br />limitations with respect to the Property hereafter approved by the City Project Manager in <br />writing. <br />"Permitted Encumbrances for the Agency Deed of Trust" means the <br />Senior Loan Deed(s) of Trust and all other title exceptions and limitations with respect to <br />the Property hereafter approved by the City Project Manager in writing. <br />"Project" means the construction of the Improvements upon the Property <br />by Developer pursuant to this Agreement. <br />"Project Budget" means the line -item budget for the Project attached <br />hereto as Exhibit E, 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 />"Property" means the property that is located at 1440 East First Street in the <br />City of Santa Ana, and is more fully described in the "Legal Description" of the Property <br />attached hereto as Exhibit A and incorporated herein by reference. <br />"Scope of Work /Schedule of Performance" means the detailed statement <br />of the work to be performed by Developer on and to the Property pursuant to this <br />Agreement, along with the Schedule of Performance setting forth timeframes for certain <br />tasks, which document is attached hereto as Exhibit F. <br />"Senior Lender" means a cormnercial financial institution providing the <br />Senior Loan or any other holder of the Senior Loan Note. <br />"Senior Loan" means a loan from the Senior Lender concurrent to the <br />Agency Loan for payment of a portion of the acquisition and construction costs, and shall <br />include any subsequent loan that refinances the initial Senior Loan. <br />"Senior Loan Deed of Trust" means the first deed(s) of trust securing the <br />Senior Loan by encumbering the Property. <br />"Senior Loan Documents" means, collectively, the loan agreement <br />governing the Senior Loan, the Senior Loan Note, the Senior Loan Deed of Trust, and any <br />other agreement, document or instrument that the Senior Lender requires in connection <br />with the Senior Loan. <br />"Senior Loan Note" means the promissory note evidencing the Senior <br />Loan from the Senior Lender. <br />80A -133 <br />
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