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Households (the "Very Low Affordable Units'); and twenty-one of the units shall be <br />remain continuously affordable for Extremely Low Income Households (the "Extremely <br />Low Affordable Units"); and <br />WHEREAS, the City's Consolidated Plan and Housing Element goals include <br />assisting the development of housing that meets the needs of all socio-economic <br />segments of the community; and <br />WHEREAS, on February 12, 2018, the City Council of the City approved a loan in <br />the amount of One Million One Hundred Thousand Dollars and no/100 ($1,100,000.00) <br />of Affordable Housing Funds for Contractor refinancing of the Property; <br />NOW, THEREFORE, the Parties hereby agree as follows: <br />1. FINANCIAL ASSISTANCE. City will allocate to Contractor the sum of One <br />Million One Hundred Thousand and no/100 Dollars ($1,100,000.00) for exclusive use by <br />Contractor, solely for the purposes described in Section 3. The financial assistance from <br />the City shall be evidenced by a promissory note in favor of the City, in the form attached <br />hereto as Exhibit "B" and incorporated herein by reference (the `Promissory Note") and <br />secured by a deed of trust on the Property (the "Deed of Trust'), in the form attached <br />hereto as Exhibit "C" and incorporated herein by reference. The Promissory Note shall <br />provide that the loan shall accrue interest at three percent (3%) simple interest per annum <br />and shall be for a term of fifty-five (55) years, except in the case of default as hereinafter <br />provided. The Promissory Note shall also provide that (a) annual payments shall be due <br />and payable on a residual receipts basis in accordance with the formula set forth therein; <br />and (b) the entire outstanding principal balance of the loan, together with accrued interest, <br />shall be payable in full at the end of the Loan Term, except in the case of a default as <br />ATTY/AGR/2018.027/MIDPEN MOSAIC GARDENS (ATHERTON COURT) <br />REV: 02-22-18 JS <br />Page 2 of 41 <br />