AMENDED AND RESTATED REGULATORY AGREEMENT ANDRegulatory Agreement and Declaration of Restrictive Covenants • March 20th, 2023 • California
Contract Type FiledMarch 20th, 2023 JurisdictionWHEREAS, pursuant to Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code (as amended, the “Housing Law”), the Owner previously requested and received a funding loan (the “2020 Funding Loan”) pursuant to that certain Funding Loan Agreement, by and among the Citibank, N.A. (the “Funding Lender”), the Governmental Lender and U.S. Bank Trust Company, National Association, formerly known as U.S. Bank National Association, as fiscal agent (the “Fiscal Agent”), dated as of December 1, 2020 (the “2020 Funding Loan Agreement”), which was used to make a borrower loan (the “2020 Borrower Loan”) made pursuant to that certain Borrower Loan Agreement, by and between the Governmental Lender and the Borrower, dated as of December 1, 2020 (the “2020 Borrower Loan Agreement”), to finance a 173 unit plus 2 manager’s units multifamily rental housing project known as “Otay Ranch Apartments” located on the real property site described in Exhibit A hereto (as further described herein,
REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTSRegulatory Agreement and Declaration of Restrictive Covenants • October 7th, 2021 • California
Contract Type FiledOctober 7th, 2021 JurisdictionCOVENANTS (as supplemented and amended from time to time, this “Regulatory Agreement”) is made and entered into as of October 1, 2021, by and between the CHULA VISTA HOUSING AUTHORITY, a public body, corporate and politic, duly organized and existing under the laws of the State of California (together with any successor to its rights, duties and obligations, the “Governmental Lender”), and MILLENIA II CIC, LP, a California limited partnership, duly organized, validly existing and in good standing under the laws of the State of California (together with any successor to its rights, duties and obligations hereunder and as owner of the Project identified herein, the “Owner”).