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55A - AGMT LEGACY APARTMENTS
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55A - AGMT LEGACY APARTMENTS
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Last modified
12/10/2020 5:00:39 PM
Creation date
12/10/2020 4:55:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
55A
Date
12/15/2020
Destruction Year
2025
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PSH - <br />25% AMI <br />PSH - <br />30% AMI <br />30% AMI <br />50% AMI <br />Total <br />1-bedroom <br />16 <br />16 <br />2-bedroom <br />3 <br />6 <br />18 <br />27 <br />3-bedroom <br />2 <br />2 <br />Total <br />16 <br />3 <br />8 <br />18 <br />45 <br />a. [reserved] <br />b. Utility allowances must be deducted from the Maximum Gross Monthly Rent. <br />The Housing Authority publishes a Utility Allowance Schedule on an annual <br />basis, which shall be used by Developer in connection with units receiving Rental <br />Subsidies as defined below for so long as may be required by the Housing <br />Authority. <br />c. Based on the unit mix and bedroom sizes provided above, at least forty-four <br />(44) of the units will be affordable to family households earning no more than <br />30% of the AMI and of those units thirty-three (33) will be reserved as <br />permanent supportive housing; and one (1) of the units shall be affordable to a <br />family household earning no more than 50% of the AMI. <br />d. The affordable rents charged at the Restricted Units must comply with the <br />standards set forth by California Tax Credit Allocation Committee (TCAC). <br />Notwithstanding anything to the contrary contained in this Agreement, the <br />Affordability Restrictions on Transfer of Property, in the event of foreclosure, or <br />delivery of deed in lieu of foreclosure, of any Senior Loan, then (1) the <br />maximum qualifying tenant household income shall be increased to 60% of AMI <br />adjusted for family size appropriate to the unit, and (2) the maximum annual <br />affordable rent shall be increased to 30% of 60% of AMI, as adjusted for family <br />size appropriate to the unit. <br />e. The Project will receive eight (8) project based vouchers from the Housing <br />Authority of the City of Santa Ana (the "Rental Subsidies") during the Term <br />of Affordability of this Agreement. If, during the Term of Affordability of <br />this Agreement, any change in federal law occurs or any action (or inaction) <br />by Congress or any federal or State agency occurs, which results in a <br />reduction, termination or nonrenewal of the Rental Subsidies, such that the <br />rental subsidy projected on the budget for the Project is reduced or no longer <br />available, the Developer may increase the rents on the eight project -based <br />voucher assisted -units during the remainder of the Term of Affordability of <br />this Agreement to the maximum rent published by the California Tax Credit <br />Allocation Committee for a "60% AMI Household" in Orange County for the <br />applicable bedroom size subject to the City Project Manager's prior written <br />approval, which shall not be unreasonably withheld, conditioned, or delayed. <br />If Developer demonstrates to the satisfaction of the City that such rental <br />increase is necessary to maintain the financial stability of the Project and no <br />55A-28 <br />
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