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Meta Housing Corporation, City of Santa Ana, and Santa Ana Arts Collective L.P. <br />16-AHSC-11199 <br />Page 15 of 17 <br />EXHIBIT D <br />Loan, if the new information demonstrates a reduction or elimination of financing gap being <br />addressed by the AHSC Loan, the Department will reduce the amount of the Loan Request stated <br />in the Application and the amount of the Award accordingly. If the Department has underwritten <br />the AHSC Loan using CaIHFA or HUD requirements and the Affordable Housing Development <br />subsequently does not utilize the CaIHFA or HUD financing, the AHSC Loan will be re - <br />underwritten by the Department using AHSC requirements. In the event the Department <br />determines the Affordable Housing Development is no longer financially feasible, the Award and <br />any loan commitment issued by the Department may be revoked. <br />58. Investor Commitments <br />If the Affordable Housing Development will be receiving an allocation of tax credits from TCAC, <br />the Sponsor shall provide the Department with a copy of all tax credit investor commitments, <br />including referenced financial projections and any amendments. <br />59, Restricted Units <br />All units designated in the Application approved by the Department as restricted units that are not <br />also assisted units, shall be restricted on a long-term basis by a public agency at the income and <br />rent levels shown in the Application. Similarly, all units designated in the Application as restricted <br />units and that are not also assisted units, shall be restricted on a long-term basis by a public <br />agency to the designated target population. <br />60. Asset Management Fees <br />Asset management including partnership management and similar fees shall be a maximum of <br />$12,000 annually or as otherwise provided for in accordance with UMR Section 8314(a)(1)(B). <br />61. Reduction of AHSC Loan Amount <br />Notwithstanding any development agreement, in the event that development costs are less than <br />predicted in the development budget, the Department shall reduce its AHSC Loan for the amount <br />of the cost savings prorated with other residual receipt lenders. <br />62. Sponsor Representations <br />A. Sponsor represents and warrants that as of the date of this Agreement, the Sponsor is a <br />duly organized and validly existing entity under California law and the person signing this <br />Agreement on behalf of Sponsor has the authority to act on behalf of and bind the Sponsor <br />in accordance with the terms of this Agreement. <br />B. Sponsor represents and warrants that as of the date of the AHSC Loan closing, the <br />Sponsor may be a duly organized and validly existing limited partnership under California <br />law and that such limited partnership will have the authority to enter Into the AHSC Loan <br />and related loan documents. <br />AHSC Loan - Rental Affordable Housing Development <br />NOFA Date: 01129/16 <br />Approved Date: 03/09/17 <br />Prep Date: 07/20117 <br />