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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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4 - AMEND / RESTATE REGULATORY AMENDMENT_2018-12-18
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12/18/2018 3:50:27 PM
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Community Development
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12/18/2018
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<br /> 7 <br /> <br />rooming house, nursing home, hospital, sanitarium, rest home, retirement house or trailer court or <br />park. <br />(d) No part of the Project is or will at any time be owned by a cooperative housing <br />corporation, nor shall the Borrower take any steps in connection with a conversion to such <br />ownership or uses. Other than obtaining a final subdivision map on the Project and a Final <br />Subdivision Public Report from the California Department of Real Estate, the Borrower shall not <br />take any steps in connection with a conversion of the Project to a condominium ownership except <br />with the prior written approving opinion of Bond Counsel that the interest on the Bonds will not <br />become taxable thereby under Section 103 of the Code. <br />(e) All of the dwelling units in the Project are and will be available for rental on a <br />continuous basis to members of the general public and the Borrower will not give preference to any <br />particular class or group in renting the dwelling units in the Project, except to the extent that dwelling <br />units are required to be leased or rented to Low Income Tenants under this Regulatory Agreement, <br />or to tenants with incomes that do not exceed 60% of the Median Income for the Area pursuant to <br />the tax credit application and regulatory agreement relating thereto. <br />(f) The Site consists of a parcel or parcels that are contiguous except for the <br />interposition of a road, street or stream, and all of the Facilities comprise a single geographically <br />and functionally integrated project for residential rental property, as evidenced by the ownership, <br />management, accounting and operation of the Project. <br />(g) No dwelling unit in the Project shall be occupied by the Borrower. Notwithstanding <br />the foregoing, if the Project contains five or more dwelling units, this subsection shall not be <br />construed to prohibit occupancy of dwelling units by one or more resident managers or <br />maintenance personnel any of whom may be the Borrower; provided that the number of such <br />managers or maintenance personnel is not unreasonable given industry standards in the area for <br />the number of dwelling units in the Project. <br />(h) Should involuntary noncompliance with the provisions of Section 1.103-8(b) of the <br />Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by deed in lieu of <br />foreclosure, change in a federal law or an action of a federal agency after the Bond Issuance Date <br />which prevents the Issuer from enforcing the requirements of the Regulations, or condemnation or <br />similar event, the Borrower covenants that, within a “reasonable period” determined in accordance <br />with the Regulations, it will either prepay the Loan or apply any proceeds received as a result of <br />any of the preceding events to reconstruct the Project to meet the requirements of Section 142(d) <br />of the Code and the Regulations. <br />(i) The Borrower shall not discriminate on the basis of race, creed, color, sex, source <br />of income (e.g. AFDC, SSI), physical disability, age, national origin or marital status in the rental, <br />lease, use or occupancy of the Project or in connection with the employment or application for <br />employment of persons for the rehabilitation, operation and management of the Project. <br />The Issuer hereby elects to have the Project meet the requirements of section 142(d) (1)(A) of the <br />Code. <br />EXHIBIT 1 <br />4-11
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