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Agenda Packet_2023-03-07
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Agenda Packet_2023-03-07
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Agenda Packet
Agency
Clerk of the Council
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3/7/2023
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EXHIBIT 6 <br />FREE RECORDING REQUESTED PURSUANT <br />TO GOVERNMENT CODE SECTION 27383 <br />When Recorded Mail to: <br />City of Santa Ana <br />Clerk of the Council <br />20 Civic Center Plaza (M-30) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />Attention: Clerk of the Council <br />SUBORDINATION AGREEMENT <br />CITY OF SANTA ANA AND ORANGE COUNTY HOUSING FINANCE TRUST <br />This Subordination Agreement (this "Subordination Agreement") is dated for reference <br />purposes as of , and is executed by and between the CITY OF SANTA ANA, a <br />California charter city (the "City"), and the ORANGE COUNTY HOUSING FINANCE <br />TRUST, a joint powers authority (the "OCHFT"). <br />Factual Background <br />A. City has agreed to make a permanent loan to North Broadway Housing Partners L.P., a <br />California limited partnership (the "Borrower"), in the original principal amount of up to <br />Five Million Two Hundred Fifty Six Thousand Three Hundred Twenty Seven Dollars <br />($5,256,327) (the "City Loan") to assist in financing the construction of an affordable <br />multifamily residential development (the "Project") on property located at 1411 N. <br />Broadway in Santa Ana, and more particularly described in Exhibit A attached hereto and <br />incorporated herein (the "Property"). <br />B. The City Loan is evidenced by a City HOME -ARP Loan Agreement dated as of <br />, and executed by and between Borrower and the City (the "City <br />Loan Agreement") and a City HOME -ARP Promissory Note executed by the Borrower <br />in favor of the City dated as of (the "City Note"). The City Loan is <br />secured by a City HOME -ARP Deed of Trust , dated as of , that will <br />be recorded in the official records of Orange County ("Official Records") substantially <br />concurrently herewith (the "City Deed of Trust"). The City Loan Agreement, the City <br />Note, and the City Deed of Trust are collectively referred to herein as the "City Loan <br />Documents." In connection with the City Loan, Borrower and City will execute that <br />certain Affordability Restrictions on the Transfer of Property, which will be recorded <br />substantially concurrently herewith (the "City Regulatory Agreement"). <br />C. Pursuant to an Orange County Housing Finance Trust ("OCHFT") Loan Agreement <br />dated as of , between OCHFT and Borrower ("OCHFT Loan <br />City Council 13 — 220 3/7/2023 <br />
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