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FIRST AMENDED AND RESTATED <br />LOAN AGREEMENT <br />HOME PROGRAM <br />THIS FIRST AMENDED AND RESTATED LOAN AGREEMENT (the <br />"Agreement") dated, for identification purposes only, as of Agy December 21, 2016, is <br />made and entered into by and between the City of Santa Ana, a charter city and municipal <br />corporation (referred to herein as "City") and Guest House LP, a California limited <br />partnership with reference to the following: <br />RECITALS: <br />A. City has received an allocation of funds from the United States <br />Department of Housing and Urban Development ("HUD") under the HOME Investment <br />Partnership Program (the "HOME Program") (42 U.S.C, §12701, et sect.,) to be used in <br />accordance with applicable statutory requirements and regulations (the "HOME <br />Regulations") (24 CFR Part 92); <br />B. Among the purposes of the HOME Program are (1) to expand the supply <br />of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, <br />for very low-income and low-income Americans; and (2) to provide participating <br />jurisdictions, on a coordinated basis, with the various forms of federal housing assistance, <br />including capital investment, mortgage insurance, rental assistance, and other federal <br />assistance, needed (a) to promote the development of partnerships among the federal <br />government, states and units of general local government, private industry, and nonprofit <br />organizations able to utilize all available resources to provide more of such housing, and <br />(b) to expand the capacity of nonprofit community housing development organizations to <br />develop and manage decent, safe, sanitary and affordable housing; <br />C. Developer is the owner of that certain property conunon.ly Lmown 2151 E, <br />First Street, within the City of Santa Ana, California, and legally described in Exhibit A <br />attached hereto (the "Property"). The loans referenced herein shall assist in the <br />acquisition and rehabilitation of said Property that is improved with a multifamily <br />residential housing development. <br />D. In furtherance of the HOME Program, Developer .has applied to City for a <br />loan with which to: <br />1. provide deeper affordability for a longer term, as well as acquire and <br />rehabilitate the Property, and <br />2. thereafter to maintain, operate and professionally manage the Property <br />as decent, safe, sanitary and affordable rental housing. <br />E. City, on certain terms and conditions, desire to make such loan <br />to Developer in order to make possible the acquisition and rehabilitation of the Property, <br />thereby eliminating blight while expanding the supply of decent, safe, sanitary and <br />affordable housing, <br />2 <br />