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SANTA ANA WBBB, LP 4
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Last modified
3/6/2017 1:21:10 PM
Creation date
4/6/2011 3:38:12 PM
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Contracts
Company Name
SANTA ANA WBBB, LP
Contract #
A-2011-051
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
3/7/2011
Destruction Year
0
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102. Singular and Plural Terms. Any defined term used in the plural in this Agreement <br />or any other Loan Document shall refer to all members of the relevant class and any defined term <br />used in the singular shall refer to any number of the members of the relevant class. <br />103. References and Other Terms. Any reference to this Agreement or any Loan <br />Document shall include such document both as originally executed and as it may from time to time <br />be modified. References herein to Articles and Sections shall be construed as references to this <br />Agreement unless a different document is named. References to Exhibits shall be construed as <br />references to the exhibits attached to this Agreement unless a different document is named. <br />References to subparagraphs shall be construed as references to the same Section in which the <br />reference appears. The term "document" is used in its broadest sense and encompasses agreements, <br />certificates, opinions, consents, instruments and other written material of every kind. The terms <br />"including" and "include" mean "including (include) without limitation." <br />104. Exhibits Incorporated. All attachments and exhibits attached to this Agreement, as <br />now existing and as the same may from time to time be modified, are incorporated herein by this <br />reference. <br />200. PROJECT BUDGET <br />A line-item budget for the Project, including a summary statement of sources and uses of <br />funds and a projected cash flow showing repayment of the Loans, is included in Exhibit D ("Project <br />Budget"). Developer shall submit a final, updated Project Budget to Agency/City for approval by the <br />Executive Director as a Condition Precedent to the initial disbursement of any proceeds of the Loans. <br />Any material change to the approved Project Budget requested by Developer shall be subject to the <br />prior written approval of the Executive Director. <br />300. DEVELOPMENT OF THE SITE <br />301. Scope of Development. Subject to all of the other terms and conditions set forth in <br />this Agreement, Developer shall develop or cause the development of the Improvements on the <br />Property in accordance with the Scope of Development, the City of Santa Ana's Municipal Code, and <br />the Basic Concept and Schematic Drawings and Design Development Drawings submitted by <br />Developer and reasonably approved by the City and Agency as set forth herein, at all times set forth <br />in the Schedule of Performance. The Improvements shall generally consist of the construction of a <br />thirty-six (36) unit multi-family residential Project on the Property (including eight (8) two-bedroom <br />units, twenty-seven (27) three-bedroom units, and one (1) five-bedroom unit), along with associated <br />landscaping and other required onfite and offsite improvements. The Improvements are generally <br />depicted on the Site Plan and described in the Scope of Development. <br />302. Design Review. <br />302.1 Developer Submissions. Within the time set forth in the Schedule of <br />Performance and as a Condition Precedent to disbursement of any portion of the Loans, the <br />Developer shall submit to the Agency/City any and all plans and drawings which may be required by <br />the City with respect to any permits and land use entitlements which are required to be obtained to <br />develop the Improvements, and such plans for the Improvements as required by the City in order for <br />the Developer to obtain Building Permits for the Improvements (collectively, the "Design <br />Development Drawings"). Within thirty (30) days after the Agency/City's disapproval or conditional <br />10 <br />DOCS00 1469583v5/200272-0003
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