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obtain written commitments to protect the City's investment in the event of a default. The City must review all <br />requests for subordination, and may approve or deny at the City's sole discretion. <br />The loan or grant shall be further secured by recorded Affordability Covenants and Restrictions, running with the <br />land, to assure that Program funds are used to provide long-term affordable rental housing opportunities for low - <br />and moderate -income households. The Borrower and the City shall execute and record Affordability Covenants <br />and Restrictions regulating project rents, tenant selection procedures, use of project income, management and <br />maintenance, transfer of property, and permitted forms of ownership and use, including a prohibition on <br />conversion of the project to condominium or stock cooperative ownership for the term of the recorded Affordability <br />Covenants and Restrictions. The recorded Affordability Covenants and Restrictions shall provide for the longest <br />feasible time. Notwithstanding the above, the Affordability Covenants and Restrictions would in no event, be <br />shorter than any other term of a Regulatory Agreement or Covenant' -recorded concurrently with the City's <br />Covenants and Restrictions. The Affordability Covenants and Restrictions shall be recorded with the Deed of <br />Trust. <br />In some circumstances, these Affordability Covenants and Restrictions may be subordinated by the City, <br />pursuant to Section 33334.14 of California Health and'Safety Code, to, liens, encumbrances, or regulatory <br />agreements of other federal or state agencies or lenders providing financing forthe project, subject to assurances <br />by senior lenders that the City's lien rights will be protected. <br />For more information, please see California Health and'Safety Code° and applicable, regulations set forth in <br />Section 34176. <br />IV. INCLUSIONARY HOUSING FUNDS <br />Source of Funds \ , <br />Funding for this program is provided. using revenues generated through in -lieu fees collected under the City of <br />Santa Ana Housing Opportunity -Ordinance. <br />Eligible Borrowers/Grantees', <br />Eligible borrowers are -nonprofit Housing) Development Corporations (HDC's) duly organized to promote and <br />undertake community development'activities oma not for profit basis, and which have a valid 501(c)(3) or (4) <br />designation from the IRS, or for profit housing developers.or development corporations, with proven capacities <br />to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise <br />eligible under the.above are also eligible to borrow Program funds. <br />Eligible Projects <br />Funds can be used to increase and improve the supply of housing affordable to moderate, low, very -low and <br />extremely -low income households in the City. <br />Eligible rehabilitation projects will: <br />1) be in need of rehabilitation'as defined herein; <br />2) be located in the City of Santa Ana; <br />3) be free from significant adverse environmental impacts, except those that can be mitigated through <br />rehabilitation; and <br />4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the <br />project. <br />Eligible projects which involve new construction or conversion of an existing non-residential use will conform to <br />items (2), (3), and (4) above. <br />City of Santa Ana Community Development Agency <br />Request for Proposals for Affordable Housing Development <br />Page 16 <br />19D-20 <br />