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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/16/2019
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instrument that the Agency reasonably requires in connection with the execution of this <br />Agreement or from time to time to effectuate the purposes of this Agreement. <br />"Low Income" means an adjusted income which does not exceed eighty <br />percent (80%) of the Median Income for the Area, adjusted for household size, as published <br />by the U.S. Department of Housing and Urban Development (HUD). <br />"Managing General Partner" means Tiny Tim Mercy House CHDO <br />LLC, a California limited liability company. <br />"Median Income for the Area" means the median income for the Orange <br />County, California PMSA as most recently determined by HUD. Also may be referred to <br />interchangeably in the Agency Loan Documents as "Area Median Income" or "AMI". <br />"Partnership Agreement" means the Amended and Restated Agreement <br />of Limited Partnership of the Developer, dated as of May 1, 2019, as may be amended, <br />modified or supplemented. <br />"Project" means the construction of the Improvements upon the Property <br />by Developer pursuant to this Agreement. <br />"Project Budget" means the line -item budget for the Project attached <br />hereto as Exhibit E, as modified from time to time in accordance with this Agreement. <br />"Project Costs" means all costs of any nature incurred in connection with <br />the Project in accordance with generally accepted accounting principles. <br />"Property" means the property that is located at 2223 West Fifth Street in <br />the City of Santa Ana, and as more fully described in the "Legal Description" of the Property <br />attached hereto as Exhibit A and incorporated herein by reference. <br />"Scope of Work/Schedule of Performance" means the detailed statement <br />of the work to be performed by Developer on and to the Property pursuant to this <br />Agreement, along with the Schedule of Performance setting forth timeframes for certain <br />tasks, which document is attached hereto as Exhibit F. <br />"Senior Lender" means a commercial or institutional financial institution <br />providing the Senior Loan or any other holder of the Senior Loan Note. <br />"Senior Loan" means a loan from the Senior Lender concurrent to the <br />Agency Loan for payment of a portion of the acquisition and construction costs, and shall <br />include any subsequent loan that permanently refinances the initial Senior Loan. <br />"Senior Loan Deed of Trust" means the first deed(s) of trust securing the <br />Senior Loan by encumbering the Property. <br />"Senior Loan Documents" means, collectively, the loan agreement <br />governing the Senior Loan, the Senior Loan Note, the Senior Loan Deed of Trust, and any <br />• ' A • • <br />.� <br />
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