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E. In order to utilize money in the Inclusionary Housing Fund, the City issued a <br />Request for Proposals on June 1, 2015, seeking affordable housing projects. After reviewing all <br />applications, the Developer's project was selected and approved for funding by the Santa Ana <br />City Council on November 3, 2015. <br />F. Developer is entering into this agreement to acquire and, subject to entitlement <br />approvals, develop an adaptive reuse project consisting of a sixty-four (64) unit multi -family <br />residential housing development, with live/work units and a possible commercial are studio, as <br />well as a community room (the "Project") located at 1666 N. Main Street, within the City of <br />Santa Ana, California, and legally described in Exhibit A attached hereto (the "Property"). The <br />CDBG funds referenced herein shall assist in the rehabilitation only and the Inclusionary <br />Housing funds will assist in the construction and soft costs of said Project. <br />G. In furtherance of the Inclusionary Housing Program and CDBG guidelines, <br />Developer has applied to the City for a loan with which to: <br />provide deeper affordability and construct the improvements to the Property, <br />and <br />2. thereafter to maintain, operate and professionally manage the Project <br />as decent, safe, sanitary and affordable rental housing. <br />H. The City, on certain terms and conditions, desires to make such loan ("City Loan") <br />to Developer in order to make possible the rehabilitation and construction of the Project, thereby <br />expanding the supply of decent, safe, sanitary and affordable housing. <br />I. Owner and the City are concurrently entering into that certain CDBG and Inclusionary <br />Housing Loan Agreement. The Loan Agreement, CDBG Deed of Trust , CDBG Promissory <br />Note, Inclusionary Deed of Trust,- and Inclusionary Promissory Note, dated concurrently <br />herewith (collectively the. "Loan Agreements") are entered into for the purpose of providing for <br />affordable very low income residential rental units in the City of Santa Ana pursuant to the <br />CDBG and Inclusionary Funds regulations and guidance. <br />NOW TFIEREFORE, CITY AND OWNER COVENANT AND AGREE AS FOLLOWS: <br />1. Definitions <br />"Affordable Housing" means housing operated in accordance with the requirements of - <br />24 CFR 92.252 and 24 CFR 570 . <br />"Affordability Period" also referred to as "Term of Affordability", shall be fifty-five <br />(55) years from date of issuance of Certificate of Completion. <br />"Affordable Rent" means the monthly rents which do not exceed the maximum <br />amount applicable to Extremely Low, Very Low and Low Income households, as <br />promulgated by the U.S. Department of Housing and Urban Development (FUD). <br />