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<br />ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 36 of 86 <br /> <br />ATTACHMENT NO. 5 <br />FORM OF NOTE <br />PROMISSORY NOTE <br />(Insert Name/Address of Project) <br />Principal Sum Not to Exceed ___________, 20__ <br />$__________ Redwood City, California <br />FOR VALUE RECEIVED, [INSERT NAME OF DEVELOPER], a [Insert State and type of <br />business entity] (the “Maker” or “Borrower”), having an address at [Insert Borrower Address], <br />promises to pay the CITY OF REDWOOD CITY, a California municipal corporation (“Payee” <br />or “City”), the principal sum not to exceed ______________________________ DOLLARS <br />($_____________), or so much of such principal as may be advanced, together with interest <br />thereon accruing from the date of this Note at a rate of 3% simple interest. <br /> <br />1. Purpose. This Note is made and delivered pursuant to and in implementation of the Loan <br />Agreement entered into by and between City and Borrower, of even date herewith, which provides <br />for the acquisition by the Maker of the Development described in Section 3 below. The term <br />“Property” means that real property described in the Deed of Trust securing this Note. Capitalized <br />terms used in this Note that are not defined herein have the meaning set forth in the Loan <br />Agreement. <br />2. Security. Payment of this Note is secured by a Deed of Trust, Assignment of Rents, <br />Security Agreement and Fixture Filing of even date herewith (the “Deed of Trust”) from Maker to <br />Payee recorded upon the Property in the official records of San Mateo County. <br />3. Project. Maker will operate an affordable housing development on the Property located at <br />[Insert address of Loan Agreement] in the City of Redwood City, all as more fully described in the <br />Loan Agreement (collectively, the “Development”). The Development includes [insert total <br />number of units] apartments units that have been constructed and are in operation on the Property. <br />The Development includes (i) ____________ units that will be available and rented to households <br />whose income does not exceed the maximum income for Extremely Low Income Households <br />(collectively, the “Extremely Low Income Units”), (ii) ________________ units that will be <br />available and rented to households whose income does not exceed the maximum income for Very <br />Low Income Households (the “Very Low Income Units”), and (iii) ________________ units that <br />will be available and rented to households whose income does not exceed the maximum income <br />for Low Income Households (the “Low Income Units”) as a condition of the making of this Loan <br />by City. Additionally, ________________ unit will be an unrestricted managers’ unit. <br />4. Maturity Date. This Note shall be due and payable in full at the earlier of (i) sale of the <br />Development by Borrower to a Person other than an Affiliate; (ii) an uncured Default under the <br />Loan Agreement or (iii) fifty-five (55) years after the date hereof (the “Maturity Date”).