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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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05/17/2022 Special and Regular
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Item 39 - Affordable Housing Project at 2530 & 2534 Westminster Avenue
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
39
Date
5/17/2022
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1 <br />Westview House <br />City Inclusionary Housing Program Loan Note <br />CITY INCLUSIONARY HOUSING FUND LOAN NOTE <br />SECURED BY SUBORDINATED DEED OF TRUST <br />TO THE CITY OF SANTA ANA, CALIFORNIA <br />(2530 & 2534 Westminster Avenue, Santa Ana, California) <br /> <br /> <br /> <br />$1,514,113 May 26, 2022 <br /> Santa Ana, California <br /> <br />1. PRINCIPAL AMOUNT OF LOAN. <br /> <br /> For value received, WESTVIEW HOUSE LP, a California limited partnership <br />(“Borrower”) promises to pay to the order of THE CITY OF SANTA ANA (“City"), at 20 <br />Civic Center Plaza, 6th Floor, Santa Ana, California 92701, or at such other place as the <br />City may from time to time designate in writing, or to the assignee of the City, the principal <br />sum of ONE MILLION, FIVE HUNDRED AND FOURTEEN THOUSAND, ONE <br />HUNDRED AND THIRTEEN DOLLARS AND NO CENTS ($1,514,113.00) or so much <br />thereof as shall be disbursed hereunder, with three percent (3%) simple interest per annum <br />and commencing from the date of issuance of the Certificate of Completion. <br /> <br /> City and Borrower have heretofore entered into that certain Inclusionary Housing <br />Program Loan Agreement dated concurrently herewith (the "Loan Agreement"), pertaining <br />to the acquisition, rehabilitation and/or construction of certain real property described in <br />the Loan Agreement as the "Property," commonly known as 2530 and 2534 Westminster <br />Avenue, Santa Ana, California, and the operation of the Property as affordable housing for <br />Extremely-Low and Low Income households. This City Inclusionary Housing Program <br />Loan Note (the “Note”) is made pursuant to, entitled to the benefits of and referred to as <br />the City/Inclusionary Housing Program Loan Note in the Loan Agreement; that certain <br />“Affordability Restrictions on Transfer of Property” between Borrower and City, dated on <br />or about the date hereof; and that certain Subordinated City/Inclusionary Housing Program <br />Deed of Trust and Assignment of Rents by Borrower for the benefit of City, dated on or <br />about the date hereof (the "City Deed of Trust"). This Note, the Loan Agreement, the City <br />Deed of Trust and the Affordability Restrictions on Transfer of Property are sometimes <br />collectively referred to herein as the "Loan Documents." The Loan Documents and the <br />rights and responsibilities thereto inure to the benefit of the City. Any capitalized term that <br />is not otherwise defined herein shall have the meaning ascribed to such term in the Loan <br />Agreement. <br /> <br />2. DEFINITIONS. <br /> <br />For the purpose of calculating the payments to be made by Borrower to City <br />pursuant to this Note, the following terms shall have the following respective meanings: <br /> <br /> "City Loan" shall mean the loan evidenced by this Note. <br /> <br />EXHIBIT 4
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