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HomeMy WebLinkAboutLACY & RAITT, L.P. - 2018 (2)INSURANCE NOT REQUIRED WORK NIM PROCEED CI,LRK OF COUNC MAR 2 2 joja FIRST AMENDMENT TO CITY HOME LOAN NOTE 0`_C9N C0 THIS FIRST AMENDMENT TO CITY HOME LOAN NOTE is made and entered into this 6th 5,' day of March, 2018, by and between LACY & RAITT, 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 HOME Loan Note, dated June 1, 2009, to secure loan funding for Borrower to develop an affordable housing project on the property located at 702 S. Rain, Street ("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: Ilt /// 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: N � RIA D. HUIZAR RAUL GODINEZ I Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City RECOMMENDED FOR APPROVAL: RZYBERT M URC I E Interim Executive ct r Community Development Agency {Additional signatures on following page) Page 2 of 3 "BORROWER" LACY & RAITT, L.P., a California limited partnership MANAGING GENERAL PARTNER OHDC L&R, LLC a California limited liability company ORANGE HOUSING DEVELOPMENT CORPORATION a California nonprofit public benefit corporation By: EUNICE BOBERT Chief Executive Officer DEVELOPER GENERAL PARTNER C&C L&R, LLC, a California limited liability company By: �t TODD R. COTTLE Its Member By: Cottle Family Trust Dated 3/8/87, Its Member By. 02 BARRY A. COTTLE Its Trustee Page 3 of 3