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SANTA ANA 9 INV., LLC.
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Last modified
7/25/2025 1:12:40 PM
Creation date
7/25/2025 1:10:45 PM
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Contracts
Company Name
SANTA ANA 9 INV., LLC.
Contract #
A-2025-114
Agency
Community Development
Council Approval Date
6/3/2025
Expiration Date
7/14/2028
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"County"means the County of Orange, California. <br /> "Date of this Agreement"means the date in the first paragraph of this Agreement. <br /> "Default"means the failure of a party to perform any action or covenant required by this <br /> Agreement within the time periods provided herein following notice and opportunity to cure. <br /> The term default also includes an Ownership Default and a Maintenance Default as more fully <br /> defined and described herein. Notwithstanding the foregoing for purposes of acceleration of the <br /> City Promissory Note, or initiation of foreclosure proceedings there shall be a distinction between <br /> the types of default hereunder, including an "Ownership Default" and a "Maintenance Default." <br /> The term"Ownership Default"means the failure of Homebuyer to perform any action or covenant <br /> required by the Affordable Housing Resale Restriction related to ownership, owner-occupancy, <br /> lien priority,and restrictions on sale and resale of the Property subject to the notice and opportunity <br /> to cure provisions set forth herein. A default of any obligation secured by the First Lien shall be <br /> a cross-default and also constitute an Ownership Default. The term"Maintenance Default"means <br /> the failure of Homebuyer to perform any action or covenant required by this Agreement relating <br /> to a "Maintenance Deficiency," including the ongoing upkeep, maintenance, and use of the <br /> Property in decent, safe, sanitary, clean, and neighborly manner, subject to the notice and <br /> opportunity to cure provisions set forth herein(and expressly excluding an Ownership Default). <br /> "Developer"means 205 South Harbor Plaza,LLC, a California limited liability company. <br /> "Eligible Household" means a Household whose income does not exceed the "Moderate <br /> Income Household" qualifying limit as defined herein. <br /> "First Lien"means the Iien of the institution making the purchase money mortgage loan <br /> to Homebuyer for the purchase of the Property. <br /> "Homebuyer" means the person or persons set forth in the first paragraph of this <br /> Agreement, and their successors and assigns. <br /> "Housing Cost"means and includes all of the following costs associated with ownership <br /> of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920, <br /> and Santa Ana Municipal Code, including: <br /> (a) Principal and interest on a mortgage loan at the defined interest rate; <br /> (b) Property tax and assessments; <br /> (c) Fire and casualty insurance covering replacement value of property <br /> improvements; <br /> (d) Property maintenance and repairs; <br /> (e) A reasonable utility allowance,as determined by the Orange County <br /> Housing Authority; and <br /> (f) Homeowner Association assessments and dues. <br /> Page 31 <br /> Exhibit B <br /> 55394.00101\4372495 1.1 <br />
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