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WESTVIEW HOUSE L (8).P
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WESTVIEW HOUSE L (8).P
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Last modified
7/6/2022 12:12:54 PM
Creation date
7/6/2022 12:12:11 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-083-01
Agency
Community Development
Council Approval Date
5/17/2022
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Unit shall be re -rented to a tenant pursuant to the terms, covenants and conditions of these <br />Restrictions. <br />3.4. Loss of Project -Based Voucher Subsidy. <br />It is anticipated that during the Term of Agreement the Project will maintain not <br />less than 26 Project -Based Voucher ("PBV") Restricted Units("PBV Restricted Units"), <br />supported by Project -Based Section 8 rental subsidy payments ("Rental Subsidy"). If, <br />during the Term of Agreement, there is a reduction, termination or nonrenewal of the <br />Rental Subsidy through no fault of Developer, such that the Rental Subsidy shown on the <br />Project Budget is no longer available (or available in a lesser amount), Developer may <br />request approval of the City (a) to allow households with adjusted incomes that do not <br />exceed sixty percent (60%) of AMI, adjusted for actual household size, to occupy the <br />extremely -low income units (i.e., a unit previously restricted to households with adjusted <br />incomes that do not exceed 30% of AMD, and (b) to increase the rent on one or more of <br />the PBV Restricted Units, to rents that are affordable to households with an adjusted <br />income that does not exceed sixty percent (60%) of AMI, adjusted for household size <br />appropriate for the PBV Restricted Unit, <br />The rent increase is subject to the following requirements: (a) concurrently with the <br />request, Developer shall provide the City with evidence of the anticipated reduction, <br />termination, or nonrenewal of the Rental Subsidy; (b) a Management Plan (as defined in <br />Section 6.1(d) of the Loan Agreement) for the Project for the City's approval pursuant to <br />Sections 6.1(d) and Exhibit F of the Loan Agreement, showing the impact of the loss or <br />reduction of the Rental Subsidy; (c) a proposed operating budget reflecting the rent <br />increases (the "Operating Budget"); and (d) a description of efforts to obtain alternate <br />sources of rent. The number of PBV Restricted Units subject to the rent increase and the <br />amount of the proposed increase may not be greater than the number or amount required <br />to ensure that the Project generates sufficient income to cover its operating costs, required <br />deposits to replacement reserves, and debt service on approved financing as shown on the <br />Operating Budget, and as is necessary to maintain the financial stability of the Project. In <br />addition, upon a reduction, termination or nomenewal of the Rental Subsidy as described <br />above, Developer hereby 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 Project 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 3.4, 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 PBV Restricted Unit. <br />(c) All rent increases for the PBV Restricted Units are subject to City <br />
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