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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16
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3 - LOAN AGREEMENT FOR AMCAL_2018-01-16
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8/1/2018 9:24:34 AM
Creation date
2/14/2018 3:08:18 PM
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City Clerk
Agency
Community Development
Item #
3
Date
1/16/2018
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<br />8 <br /> <br />any other agreement, document or instrument that the Senior Lender requires in <br />connection with the Senior Loan. <br /> <br /> "Senior Loan Note" means the promissory note evidencing the Senior <br />Loan from the Senior Lender. <br /> <br /> “Term of Affordability” means the terms and conditions contained <br />herein shall remain in effect for fifty-five (55) years from the date of issuance of the <br />Certificate of Completion. <br /> <br /> “Very Low-Income” means an adjusted income which does not exceed <br />fifty percent (50%) 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 <br />and 50053 of the Health & Safety Code. <br /> <br />1.2 Singular and Plural Terms. Any defined term used in the plural in this <br />Agreement shall refer to all members of the relevant class and any defined term used in <br />the singular shall refer to any number of the members of the relevant class. <br /> <br />1.3 References and Other Terms. Any reference to this Agreement shall <br />include such document both as originally executed and as it may from time to time be <br />modified. References herein to Articles, Sections and Exhibits shall be construed as <br />references to this Agreement unless a different document is named. References to <br />subparagraphs shall be construed as references to the same Section in which the reference <br />appears. The term "document" is used in its broadest sense and encompasses agreements, <br />certificates, opinions, consents, instruments and other written material of every kind. The <br />terms "including" and "include” mean "including (include) without limitation." <br /> <br />1.4 Exhibits Incorporated. All attachments and exhibits to this Agreement, <br />as now existing and as the same may from time to time be modified, are incorporated <br />herein by this reference. <br /> <br />2. [RESERVED] <br /> <br />3. SCOPE OF WORK/PROJECT BUDGET <br /> <br /> A “Scope of Work” and “Schedule of Performance” for the Property is attached <br />hereto as Exhibit F. Any material change to the Scope of Work/Schedule of <br />Performance requested by the Developer shall be subject to the prior written approval of <br />the City Project Manager. The Scope of Work/Schedule of Performance sets forth the <br />construction work that shall be performed on the Property and timeframes for approvals <br />and such work. <br /> <br />A line-item budget for the Project, including a summary statement of sources and <br />uses of funds, is incorporated into Exhibit E ("Project Budget"). Any material change to <br />the Project Budget requested by Developer shall be subject to the prior written approval <br />of the City Project Manager as set forth in Section 10.3 hereof. <br />EXHIBIT 3 <br />3-18
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