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Agenda Packet_2026-05-19
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Agenda Packet_2026-05-19
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EXHIBIT 2 <br /> Gross Revenues do not include the proceeds of any loans or capital contributions <br /> made to Owner, or proceeds from a sale or re-finance of the Property. <br /> (b) "Operating Expenses" shall mean: <br /> (i)respect to the ,Senior Loan(s); payments of principal and interest on or with <br /> payments of any other amounts on or with <br /> respect to the Senior Loan(s) beyond principal and interest(i.e. optional <br /> payments) as approved by the City; <br /> (iii) a property management fee no greater than <br /> sixty-five dollars ($65)/per unit/per month, increased annually by the lesser of: <br /> (A)three percent (3%); or(B)prior Year CPI, beginning the year following the <br /> issuance of the first certificate of occupancy for the Project; j <br /> (iv) all other actual, reasonable cash operating j <br /> costs and expenses, calculated on an annual basis, that are directly attributable to <br /> managing and operating the Project and the Owner, including, without limiting <br /> the generality of the foregoing, the following: costs and expenses for real and <br /> personal property taxes, special assessments or similar charges; water, fuel, <br /> electricity and other utilities; heating, ventilation and air conditioning expenses; 3 <br /> labor; supplies; tools; equipment; insurance; advertising and marketing; <br /> accounting and legal fees; brokerage commissions and other leasing expenses; <br /> reasonable reserves for all anticipated expenses as approved by the City; and other <br /> such items constituting operation, maintenance and repair costs actually paid by <br /> the Owner, subject to the following conditions: <br /> I <br /> (1) Depreciation, amortization, and <br /> accrued principal and interest expenses on deferred payment debt and capital <br /> improvement expenditures shall not be considered Operating Expenses, except as <br /> otherwise provided herein. <br /> (2) Any expenses, compensation or fees <br /> paid to any affiliate of Owner shall only be included as Operating Expenses to the <br /> extent they are not in excess of the reasonable expenses, compensation or fees <br /> which would be payable to unrelated third parties in arms-length transactions for <br /> similar services in the Santa Ana, California area; and, <br /> (v) The cost of social services and other housing <br /> supportive services provided at the Project for the prior year in compliance with <br /> this Agreement. <br /> i' <br /> (c) The City reserves the right to at any time review and <br /> approve each or any annual budget during the Term hereof, and any changes to any <br /> said annual budget reasonably requested by the City shall be promptly implemented <br /> by Owner. Notwithstanding the foregoing, in no event shall Operating Expenses <br /> I <br /> City Council 16 — 68 5/19/2026 <br />
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