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WESTVIEW HOUSE L (3).P
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WESTVIEW HOUSE L (3).P
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Last modified
7/6/2022 11:57:00 AM
Creation date
7/6/2022 11:54:11 AM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-085
Agency
Community Development
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the ninety (90) day period for that year's books, Developer shall pay to the City the full <br />amount of such additional amounts owed within thirty (30) days after the error is <br />discovered. Notwithstanding the foregoing, no previous action or inaction by the City shall <br />prohibit the City from requesting repayment of any unpaid, owed amounts of Residual <br />Receipts at any time during the term of this Agreement or thereafter. The Developer shall <br />pay to the City the full amount of such additional amounts owed within thirty (30) days of <br />notice of such errors for periods prior to the previous year. <br />12.8. Project Operating Account. Developer shall establish an interest bearing <br />account to be known as the Operating Reserve Account. Within sixty (60) months after <br />the Conversion Date, Developer shall deposit an amount into the Operating Reserve <br />Account sufficient to pay three (3) months of operating expenses and three (3) months of <br />mandatory debt service payments ("Target Balance"). <br />Funds shall be invested subject to the prior written approval of the City, and any <br />earnings shall become and remain a part of the Operating Reserve. Funds may be drawn <br />only when revenue is insufficient to pay operating expenses and may be used as permitted <br />under Borrower's Partnership Agreement. At the time of any withdrawals from the <br />Operating Reserve Account, written notice shall be provided to the City which provides a <br />detailed narrative of the nature of the operating deficits that are being cured, including all <br />necessary amounts to cure them. <br />If the balance in the Operating Reserve Account falls below the amount required to <br />pay three (3) months of operating expenses and three (3) months of mandatory debt service <br />payments, then Developer shall apply Residual Receipts, when and if available, or other <br />(ands, to the replenishment of Operating Reserves until the Target Balance is achieved. <br />12.9. Replacement Reserve Account. At or before the Conversion Date, <br />Developer shall establish an interest bearing account to be known as the Replacement <br />Reserve Account. Annually prior to March 31 of each year, Developer shall deposit into <br />the Replacement Reserve Account an arnount equal to a minimum of two hundred fifty <br />dollars ($250) per unit but shall not exceed five hundred dollars ($500) per unit, which <br />amounts may increase by 3% annually, or such higher amount as may be required by the <br />Tax Credit Investor or Senior Lender and approved by City; provided, however, that City <br />acknowledges that the Tax Credit Investor and/or Senior Lender will require an annual <br />deposit of fiords into the Replacement Reserve Account for all units, and City hereby <br />approves such requirement and agrees that any replacement reserve established by <br />Developer and held by the Tax Credit Investor and/or Senior Lender shall satisfy the <br />requirements of this Section 12.9. The funds in the Replacement Reserve Account shall <br />be held in an interest bearing account, subject to the prior written approval of the City, and <br />any earnings shall become and remain a part of the Replacement Reserve. The Developer <br />shall not draw funds from the Replacement Reserve Account without the prior written <br />approval of the City. <br />Funds may only be drawn from the Replacement Reserve Account to replace or <br />maintain Project assets that have a useful life of more than one (1) year in accordance with <br />Generally Accepted Accounting Principles ("GAAP"), and have been or will be <br />32 <br />Westview House <br />City Rental Rehabilitation Progmm Loan Agreement <br />
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