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applications, the Developer's project was selected and approved for funding by the Santa Ana <br />City Council on November 3, 2015. <br />E. Developer is entering into this agreement to acquire and, subject to entitlement <br />approvals, develop an adaptive reuse project consisting of a fifty-eight (58) unit multi -family <br />residential housing development, with live/work units and a possible commercial are studio, as <br />well as a community room (the "Project") located at 1666 N. Main Street, within the City of <br />Santa Ana, California, and legally described in Exhibit A attached hereto (the "Property"). The <br />CDBG funds referenced herein shall assist in the rehabilitation only and the Inclusionary <br />Housing funds will assist in the construction and soft costs of said Project. <br />F. In furtherance of the Inclusionary Housing Program and CDBG guidelines, <br />Developer has applied to the City for a loan with which to: <br />1. provide deeper affordability and construct the improvements to the Property, <br />and <br />2. thereafter to maintain, operate and professionally manage the Project <br />as decent, safe, sanitary and affordable rental housing. <br />G. The City, on certain terms and conditions, desires to make such loan ("City Loan") <br />to Developer in order to make possible the rehabilitation and construction of the Project, thereby <br />expanding the supply of decent, safe, sanitary and affordable housing. <br />H. If there is any inconsistency between Federal, State, and local guidelines with <br />regard to any of the terms and conditions contained herein, the more stringent shall apply. <br />I. Owner and the City are concurrently entering into that certain CDBG and Inclusionary <br />Housing Loan Agreement. The Loan Agreement, CDBG Deed of Trust, CDBG Promissory Note, <br />hiclusionary Deed of Trust, and Inclusionary Promissory Note, dated concurrently herewith <br />(collectively the "Loan Agreements") are entered into for the purpose of providing for affordable <br />very low income residential rental units in the City of Santa Ana pursuant to the CDBG and <br />Inclusionary Funds regulations and guidance. <br />NOW, THEREFORE, CITY AND OWNER COVENANT AND AGREE AS FOLLOWS: <br />1. Definitions <br />"AHSC Loan" means a permanent loan of Affordable Housing and Sustainable <br />Conrrnunities program funds from HCD administered by the California Strategic Growth <br />Council in the amount of $4,944,130 <br />"AHSC Deed of Trust" means any deed(s) of trust securing the AHSC Loan <br />encumbering the Property. <br />