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8 rental subsidy payments (the "Rental Subsidy"). If, during the Term of Agreement, there <br />is a reduction, termination or nonrenewal of the Rental Subsidy through no fault of <br />Developer, such that the Rental Subsidy shown on the Project Budget is no longer available <br />(or available in a lesser amount), Developer may request approval of the City (a) to remove <br />the PSH designation for one or more of the twenty-six (26) PSH Units, (b) to allow <br />households with adjusted incomes that do not exceed sixty percent (60%) of AMI, adjusted <br />for actual household size, to occupy the extremely -low income units (i.e., a unit previously <br />restricted to households with adjusted incomes that do not exceed 30% of AMI), and (e) <br />to increase the rent on one or more of the PBV Restricted Units, to rents that are affordable <br />to households with an adjusted income that does not exceed sixty percent (60%) of AMI, <br />adjusted for household size appropriate for the PBV Restricted Unit. <br />Any requested removal of the PSH Unit designation and/or any requested rent increase is <br />subject to the following requirements: (a) concurrently with the request, Developer shall <br />provide the City with evidence of the anticipated reduction, termination, or nonrenewal of <br />the Rental Subsidy, (b) a Management Plan (as defined in Section 6.1(d) of this Agreement) <br />for the Project for the City's approval pursuant to Sections 6.1(d) and Exhibit F of this <br />Agreement, showing the impact of the loss or reduction of the Rental Subsidy, (c) a <br />proposed operating budget reflecting the rent increases (the "Operating Budget"), and <br />(d) a description of efforts to obtain alternate sources of rent. The number of PBV <br />Restricted Units subject to the rent increase and the amount of the proposed increase may <br />not be greater than the number or amount required to ensure that the Project generates <br />sufficient income to cover its operating costs, required deposits to replacement reserves, <br />and debt service on approved financing as shown on the Operating Budget, and as is <br />necessary to maintain the financial stability of the Project. In addition, upon a reduction, <br />termination or nonrenewal of the Rental Subsidy as described above, Developer hereby <br />agrees to the following: <br />(a) Developer shall use good faith commercially reasonable efforts to <br />obtain alternative sources of rental subsidies and shall provide the City with annual <br />progress reports on efforts to obtain alternative sources of rental subsidies that would allow <br />the rents to be reduced. Upon receipt of any alternative rental subsidies, Developer shall <br />reduce the rents back to the original restrictions to the extent that the alternative rental <br />subsidies provide sufficient income to cover the operating costs, required replacement <br />reserves and debt service of the Proj ect as shown on the Operating Budget. <br />(b) Developer shall provide tenants in the PBV Restricted Units with <br />notice of any rent increase pursuant to this Section 7.7, and shall notify the tenant that if <br />they have received a tenant -based voucher from the Housing Authority of the City of Santa <br />Ana they may use the tenant -based voucher for their Restricted Unit. <br />(c) All rent increases for the PBV Restricted Units are subject to City <br />approval pursuant to the terms of this Section 7.7. No later than sixty (60) days prior to <br />the proposed implementation of any rent increase, Developer shall submit to the City a <br />schedule of any proposed increase in the rent. The City will disapprove a rent increase if <br />it does not comply with the restrictions set forth in this Section 7.7. Notwithstanding the <br />foregoing, rent increases for the PBV Restricted Units shall be subject to review and <br />18 <br />Westview }louse <br />City Rental Rehabilitation Program Loan Agreement <br />