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attached to this Agreement are hereby made a part of this Agreement and are incorporated into <br />this Agreement, as it now reads or as it may be modified by the parties; and <br /> <br />WHEREAS, notwithstanding any provision of this Agreement, the County and Habitat for <br />Humanity of Orange County hereby agree and acknowledge that this Agreement does not <br />constitute a commitment of funds or site approval, and that such commitment of funds or approval <br />may occur only upon satisfactory completion of an applicable environmental review. The parties <br />further agree that the provision of such funds to the project is conditioned on the County’s <br />determination to proceed with, modify, or cancel the project based on the results of a subsequent <br />environmental review. <br /> <br />NOW, THEREFORE, in consideration of the mutual covenants, promises, and <br />representations contained herein, it is agreed between the parties hereto as follows: <br /> <br />I. USE OF BOND FUNDS <br /> <br />A. Habitat for Humanity of Orange County shall perform the Project tasks related to its <br />allocation of Capital Investment Plan Affordable Housing Program funds as provided <br />in Exhibit B, Scope of Services, and within the proposed budget outlined in Exhibit C. <br /> <br />B. Habitat for Humanity of Orange County may not request disbursement of Project funds <br />under this Agreement until the funds are needed for payment of eligible costs. The <br />amount of each request must be limited to eligible costs as determined by County staff. <br /> <br />C. Said Project funds shall be disbursed by the County to Habitat for Humanity of Orange <br />County for performance of the services described in Exhibit B by electronic funds <br />transfer upon request, no more than once per month. <br /> <br />D. Habitat for Humanity of Orange County may request reimbursement for eligible and <br />approved project expenses incurred as of January 16, 2024, the date the award was <br />approved. <br /> <br />E. Capital Investment Plan Affordable Housing Program funds will be a fixed subsidy <br />provided in the form of a grant. <br /> <br /> <br />II. AMOUNT OF BOND FUNDS/LOAN TERMS <br /> <br />A. The County shall make available to Habitat for Humanity of Orange County up to <br />Eight Hundred Thousand Dollars ($800,000.00) pursuant to this Agreement. <br /> <br />B. Said funds to be disbursed by the County to Habitat for Humanity of Orange County <br />for the performance of the services described in Exhibit B. <br /> <br /> <br />III. LIEN POSITION <br />Docusign Envelope ID: 4B02F05F-1410-4DCD-BCEE-8DD7A7B20DAF