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HomeMy WebLinkAboutWILSHIRE & MINNIE, L.P.A-2018-060 INSURANCE lCr REOUiRF'U WORK MAY PROCEED OLLRK OF COUNCIL RAR 2.2 2018 FIRST AMENDMENT TO CJT'V LOAN NOTE p AOf) flaw 4�THIS FIRST AMENDMENT TO CITY LOAN NOTE is made and entered into this 6th day of 11*reh, 2018, by and between WILSHIRE & NIINNIE, L.P., a California limited partnership (`Borrower"), and the City of Santa Ana, a charter city and municipal corporation, organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Borrower executed a City Loan Note, dated May 30, 2007 to secure loan funding for Borrower to develop an affordable housing project on the property located at 1201, 1209, 1213, 1221, 1225, 1229, AND 1233 East Wilshire, and 1401,, 1403, 1409, 1413, 1421, 1425, 1.429, 1433, 1437, and 1439 South Minnie Street ("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: 11l 111 IJJ 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 fill force and effect. Page 1 of 3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to City Loan Note the date and year first above written. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Atter y By: RY N DGE Assi t t City Attorney RECOMMENDED FOR APPROVAL: RO ERT M. ZU H I DE Interim Executiv ector Community Development Agency RA L GODINEI City Manager (Additional signatures on following page) Page.2 of 3 "BORROWER" WILSHIRE & MINNIE, 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 Minnie, LLC, a California limited liability company By: Cottle Family Trust bated 3/8/87, Member By. BAVRY CO-T-TLLE Trustee TODD R. COTTLE Member Page 3 of 3