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Voucher funds (the "Section 8 Operating Subsidy"); and (vii) such other financing sources as <br /> may be obtained by Developer in accordance with the terms and conditions of this Agreement <br /> (all of the foregoing collectively referred to as the "Financing Plan"). The Developer shall <br /> submit the Financing Plan to the City and the Housing Authority for approval within the <br /> timeframe set forth in the Schedule of Performance. Developer shall utilize all of such funding <br /> exclusively for development of the Development on the Site, and not for any other purpose. <br /> Notwithstanding anything herein to the contrary, City and Developer acknowledge that <br /> Developer shall continue to pursue alternate funding options, and that as a result the Financing <br /> Plan and Project Budget may require subsequent amendment. The City shall approve any such <br /> amendments provided any such alternate funding options are reasonable, involve reliable and <br /> reputable sources and do not increase the amount of the City loan as stated in Section 5.2. <br /> Section 5.2 City Loan. City will provide Developer with financial assistance from its <br /> Lower Income Housing Fund, in an amount of approximately Ten Million Dollars <br /> ($10,000,000), for predevelopment, development, and construction costs (the "City Loan"). The <br /> City Loan includes the City Predevelopment Loan and City Construction Loan described in more <br /> detail in Sections 6.1 and 6.2 below. In addition, the City will lease the Site to the Developer for <br /> a nominal amount (e.g., $1 per year). <br /> Section 5.3 Section 8 Operating Subsidy. In addition to the transfer and renewal of <br /> the HAP Contract from Pleasanton Gardens, the Developer will seek a commitment of Section 8 <br /> project based rental assistance from HACA. <br /> Section 5.4 Tax Credits. Developer agrees to prepare an application to TCAC for the <br /> Tax Credits in accordance with the deadline set forth in the Schedule of Performance. <br /> Section 5.5 The AHP Loan. Developer agrees to prepare an application to the Federal <br /> Home Loan Bank Affordable Housing Program funds in accordance with the deadline set forth <br /> in the Schedule of Performance. <br /> Section 5.6 County HOME Loan. Developer shall prepare an application to the <br /> County for the HOME Funds in accordance with the deadline set forth in the Schedule of <br /> Performance. <br /> Section 5.7 Project Budget; Project Pro Forma. The anticipated sources and uses of <br /> funds for the development of the Development are set forth in the Project Budget. The financial <br /> projections for the Development are set forth in the Project Pro Forma. The Project Budget and <br /> Project Pro Forma may be changed with the approval of City, which approval shall not be <br /> unreasonably withheld. <br /> Section 5.8 Developer Submittals. Promptly upon Developer's receipt of a notification <br /> of an award of any of the financing described in the Financing Plan, Developer shall submit to <br /> the City copies of all of the correspondence and other documentation received in connection with <br /> the same. Developer shall submit a financing plan and evidence of financing for both Phase I and <br /> Phase II of the Development within the time frame contemplated in the Schedule of <br /> Performance. <br /> 13 <br /> 191\52\1242198 13 <br />