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HomeMy WebLinkAboutTOWNSEND & RAITT, L.P. - 834 RAITT - 1ST AMEND - 2018A-2018-065 INSURANCE NOT REQUIRED WORK MAY PROCFED CI.E RK OF COUNCIL Pit F MAR � Z 2098 l/y.✓j� FIRST AMENDMENT TO AGENCY LOAN NOTE � THIS FIRST AMENDMENT TO AGENCY LOAN NOTE is made and entered into this 6th day p' �0 of March, 2018, by and between TOWNSEND &; RAITT, L.P., a California limited partnership (`Borrower"), and the Housing Authority of the City of Santa Ana, acting as the Housing Successor Agency, a public body, corporate and politic ("Agency"). RECITALS A. Borrower executed an Agency Loan Note, dated May 15, 2008, to secure loan funding for Borrower to develop an affordable housing project on the property located at 834 South Raitt ("said Note"). B. In accordance with the terms and conditions of said Note, the parties desire to amend the "Operating Expenses" definition to increase the allowed property management fee to 8% of gross rents under said Note. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Note, except as herein modified, the parties agree as follows: 111 I. Section 2, Definitions, shall be amended to revise the definition of "Operating Expenses" to increase the property management fee equal to 8% of gross rents for the subject affordable housing project. 2. Except as hereinabove modified, all terms and conditions of said Note shall remain in lull force and effect. Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agency Loan Note the date and year first above written. ATTEST: HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSOR AGENCY Maria D. Huizar — Raul Godinez II Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City RECOMMENDED FOR APPROVAL: ROB RT M. ZUR g C IDE Interim Executive for Community Development Agency (Additional signatures on following page) Page 2 of 3 "BORROWER" TOWNSEND & RAITT, L.P., a California limited partnership MANAGING GENERAL PARTNER ORANGE HOUSING DEVELOPMENT CORPORATION a California nonprofit, public benefit corporation By: EUNICE BOBERT Chief Executive Officer GENERAL PARTNER C&C T&R, LLC, a California limited liability company By: Cottle Family Trust Dated 3/8/87, Member By:4V�✓ B Y COTTLE Trustee Page 3 of 3