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FULL AGENDA_2018-12-18
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FULL AGENDA_2018-12-18
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City Clerk
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Agenda Packet
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Community Development
Date
12/18/2018
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<br /> 4 <br /> <br />“HUD” means the United States Department of Housing and Urban Development. <br />“Income Computation and Certification” means a tenant Income Computation and Certification in <br />the form attached as Exhibit B hereto or in such other comparable form as may be provided by the Issuer <br />to the Borrower, or as otherwise approved by the Issuer. <br />“Indenture” means the Indenture of Trust, dated as of November 1, 2006, between the Issuer and <br />the Trustee, pursuant to which the Bonds have been issued, as amended f rom time to time. <br />“Issuer” means the Housing Authority of the City of Santa Ana. <br />“Loan” means the mortgage loan made to the Borrower pursuant to the Financing Agreement to <br />provide refinancing for the acquisition and rehabilitation of the Project. <br />“Loan Documents” has the meaning given to such term in the Indenture. <br />“Lender” means Red Mortgage Capital, LLC, a Delaware limited liability company, its successors <br />and assigns. <br />“Low Income Tenants” means individuals or families with an Adjusted Income which does n ot <br />exceed 40% of the Median Income for the Area, adjusted for household size. In no event, however, will the <br />occupants of a residential unit be considered to be Low Income Tenants if all the occupants are students, <br />as defined in Section 151(c)(4) of the Code, as such may be amended, no one of which is entitled to file a <br />joint federal income tax return. <br />“Low Income Units” means the dwelling units in the Project designated for occupancy by Low <br />Income Tenants at Affordable Rents pursuant to Section 4(a) of this Regulatory Agreement. <br />“Median Income for the Area” means the median income for the Area as most recently determined <br />by the Secretary of the Treasury (which determination is required by Code Section 142(d)(2)(B) to be <br />consistent with determinations of area median gross income under Section 8 of the United States Housing <br />Act of 1937, or, if such program is terminated, under such program as in affect immediately before such <br />termination). <br />“Note” means the Multifamily Note executed by the Borrower in a principal amount equal to the <br />principal amount of the Loan. <br />“Prior Regulatory Agreement” means the Regulatory Agreement and Declaration of Restrictive <br />Covenants, dated as of December 1, 1996, by and among the Issuer, the Borrower and First Trust of <br />California, National Association, as original trustee, together with any amendments thereto or supplements <br />thereof, recorded December 18, 1996 in the Official records of the County of Orange as Document Number <br />19960638397. <br />“Program Administrator” means a governmental agency, a financial institution, a certified public <br />accountant, an apartment management firm, a mortgage insurance company or other business entity <br />performing similar duties or otherwise experienced in the administration of restrictions on bond financed <br />multifamily housing projects which shall initially be the Issuer and, at the Issuer’s election, any other person <br />EXHIBIT 1 <br />4-8
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