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HomeMy WebLinkAboutROSS AND DURANT, L.P. - 2018A-2018-058 W011K hrAY PFIOCEFE) GLU3K OF CO()NCJL MAR 2 2 2016& FIRST AMENDMENT TO CITY/HOME LOAN NOTE THIS FIRST AMENDMENT TO CITY/FIOME LOAN NOTE is made and entered into this 6th CLw'to 56" day of March, 2018, by and between ROSS AND DURANT, L.P., a California limited partnership ("Borrower"), and the City of Santa Ana, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Borrower executed a City/I IOME Loan Note, dated May '10, 2006, to secure loan funding for Borrower to develop an affordable housing project on the property located at 1411 N. Durant ("said Note"), B. In accordance with the terms and conditions of said Note, the parties desire to amend the "Operating Expenses" definition to increase the allowed property management fee to 8% of gross rents under said Note. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Note, except as herein modified, the parties agree as follows: 111 /// Ill /// Section 2, .Definitions, shall be amended to revise the definition of "Operating Expenses" to increase the property management fee equal to 8% of gross rents for the subject affordable housing project. 2. Except as hereinabove modified, all terms and conditions of said Note shall remain in 'full force and effect. Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to City/HOME Loan Note the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City C RECOMMENDED FOR APPROVAL: ROMRT M. ZUR SC M DE Interim Executive Direc Community Development Agency "fAVA-��7 PAUL GODINEZ`II City Manager (Additional signatures on following page) Page 2 of 3 si:�1741 Won ROSS & DURANT, L.P., A California limited partnership MANAGING GENERAL PARTNER ORANGE HOUSING DEVELOPMENT CORPORATION a California nonprofit, public benefit corporation By: EUNICE BOBERT Chief Executive Officer GENERAL PARTNER C&C R&D I, LLC, a California limited liability company By: Cottle Family Trust Dated 3/8/87, its Member By: BAIMY COTTLE Trustee Page 3 of 3