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HOME LOAN AGREEMENT <br />CITY OF SAN LEANDRO <br />HOME INVESTMENT PARTNERSHIPS ( "HOME") PROGRAM <br />This HOME Loan Agreement (this "Agreement ") is made as of the day of <br />, 2012 by and between the City of San Leandro, a California municipal <br />corporation ( "City "), and Alameda Housing Associates, L.P., a California limited partnership <br />( "Borrower "). <br />RECITALS <br />A. Borrower has acquired or has the right to acquire certain real property located at <br />in San Leandro, California and identified as Alameda County Assessor's Parcel No. 075 -0039- <br />007-05, as more particularly described in Exhibit A attached hereto and incorporated herein (the <br />"Property "), on which Borrower will construct a two hundred (200) unit multifamily housing <br />project (the "Project ") which Borrower will operate as an affordable housing development in <br />accordance with that certain Regulatory Agreement dated as of the date hereof and executed by <br />and between City and Borrower substantially in the form attached hereto as Exhibit A (the <br />"Regulatory Agreement "). Capitalized terms not defined herein shall have the meanings <br />ascribed to them in the Regulatory Agreement. <br />B. The City is a participating jurisdiction in the Alameda County HOME Consortium <br />( "Consortium ") and is a recipient of funds pursuant to the HOME Investment Partnership Act, <br />established by the National Affordable Housing Act of 1990 (42 USCA §12471 et seq.) <br />( "HOME Program ") that are subject to certain restrictions established by the United States <br />Department of Housing and Urban Development ( "HUD ") under 24 CFR 92. <br />C. Borrower has applied to the City for, and City has agreed to provide, a loan (the <br />"Loan ") to Borrower in the amount of Six Hundred Fifty Thousand Dollars ($650,000) (the <br />"HOME Funds ") in accordance with the terms and conditions of this Agreement. <br />D. Borrower and the City acknowledge and agree that the commitment of HOME <br />Funds by the City shall be solely and exclusively paid from and contingent upon receipt of <br />HOME funding by the City pursuant to that certain Agreement between the City and the County <br />of Alameda dated September 13, 2011 ( "Consortium Agreement ") and that certain Contract <br />Designating the City of San Leandro as a Subrecipient of HOME Funds between the City and the <br />County of Alameda dated ( "Subrecipient Agreement "). . <br />E. The Loan will be provided by the City in accordance with federal and state <br />regulations governing the HOME Program as set forth in 42 U.S.C. 12741 et seq., 24 CFR Part <br />92, California Health and Safety Code Section 50896, and Title 25 of the California Code of <br />Regulations, Sections 8200 through 8220, all as amended and in effect from time to time (all of <br />the foregoing, collectively, the ( "HOME Program Regulations "). <br />1908324.5 <br />