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Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective L.P. <br />16-AHSC-11199 <br />Page 7 of 17 <br />I0:II illid <br />payments are prohibited on senior loans. Senior loans are prohibited from including call option <br />language in the terms of the loan other than is reasonable in case of default, nor may Sponsor <br />be required to remarket Bonds prior to expiration of the senior loan. All payments, lender fees, <br />bond fees, issuer fees, trustee fees, letter of credit fees, swaps fees, hedge fees, enhancement <br />fees, credit facility and liquidity fees, and other fees, charges and costs, in addition to principal <br />and interest payments, must be fully disclosed to the Department In the loan closing transaction <br />summary and in the operating budget. Sponsors must obtain an interest rate cap on any interest <br />rate that is not fixed for the full term of the senior loan. The interest rate at the cap must not <br />jeopardize project feasibility. Interest rate resets, renewals, extensions of letters of credit, or other <br />senior loan provisions, must not require the Sponsor to re -qualify. Financial instruments on senior <br />loans (including but not limited to swaps, collars, and interest rate hedges) must extend for the <br />full term of the senior loan and cannot be required to be renewed or extended prior to the end of <br />the full term. <br />22. Environmental Conditions <br />The Sponsor shall provide a Phase I Environmental Site Assessment ("ESA") for the Affordable <br />Housing Development, in conformance with ASTM Standard Practice E 1527, evaluating whether <br />the Affordable Housing Development is affected by any recognized environmental conditions. In <br />the event the Phase I ESA indicates evidence of recognized environmental conditions and the <br />Sponsor desires to proceed with the Affordable Housing Development, the Sponsor shall provide <br />the Department with a Phase II report and such further reports as required by the Department in <br />form acceptable to the Department. Any remediation work to be performed shall be subject to <br />Department approval. The Sponsor shall also provide an asbestos assessment and a lead-based <br />paint report for the Department's approval if the Affordable Housing Development involves <br />rehabilitation or demolition of existing improvements. <br />23. Article XXXIV <br />The Sponsor shall deliver to the Department satisfactory evidence that the requirements of Article <br />XXXIV of the California Constitution are inapplicable or have been satisfied. <br />CONSTRUCTION PHASE REQUIREMENTS <br />24. Construction Phase Information <br />If requested by the Department, the Sponsor shall provide the Department information during the <br />construction period including but not limited to all change orders and modifications to the <br />construction documents, all inspection reports prepared by the Affordable Housing Development <br />architect and other consultants, and information relative to Affordable Housing Development <br />income, expenses, occupancy, relocation benefits and expenses, contracts, operations and <br />conditions of the Affordable Housing Development. Upon written notice to Sponsor, Department <br />may require its advance written approval of all future change orders and modifications. Deviations <br />from the plans and specifications which have the effect of reducing the quality, life or utility of a <br />specified item or system must receive the prior written approval of the Department. Should <br />AHSC Loan - Rental Affordable Housing Development <br />NOFA Date: 01/29/16 <br />Approved Date: 03/09/17 <br />Prep Date: 07/20/17 <br />