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WESTVIEW HOUSE L (9).P
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WESTVIEW HOUSE L (9).P
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Last modified
7/6/2022 12:16:52 PM
Creation date
7/6/2022 12:13:29 PM
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Contracts
Company Name
WESTVIEW HOUSE L.P
Contract #
A-2022-083
Agency
Community Development
Council Approval Date
5/17/2022
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completion of construction for the Project. Payment of the City Share of Cost Savings <br />(defined below) shall be made at the time set forth therefore in Section 6.13(d) below. <br />Provided that the payment is timely and fully made in accordance with Section 6.13(d), the <br />amount paid for the City Share of Cost Savings shall be credited against the amount then <br />outstanding on the City/HOME Loan Note. <br />(b) Audit to Determine Cost Savings and City Share of Cost Savings. <br />The actual amount of "Cost Savings" (as defined below) to be paid to the City and retained <br />by the Developer shall be detennined after the Audit, as hereafter defined and described, <br />and the amount of such Cost Savings shall be equal to the amount by which the total sources <br />of permanent financing for the Project exceed the costs of development incurred for the <br />Project including without limitation payment of the Developer Fee (resulting amount <br />constituting "Cost Savings"). From the total amount of Cost Savings, the Developer shall <br />retain fifty percent (50%) and pay to City fifty percent (50%) ("City Share of Cost <br />Savings"). If any of the other soft lenders request a share of Cost Savings, the City shall <br />split the City Share of the Cost Savings (50%) on a pro rata basis with the other soft <br />lender(s) that are requesting a share of Cost Savings. The pro rata distribution shall be <br />based on the initial principal balances of each respective soft loan of the soft lender(s) that <br />are requesting a share of Cost Savings. If none of the other soft lenders request a share of <br />the Cost Savings, the City shall receive the full 50% of the Cost Savings. <br />Within one hundred and eighty (180) days following the issuance of Form 8609 by TCAC, <br />Developer shall cause its certified public accountant(s) to perform a final audit of the costs <br />of development of the Project in accordance with the requirements of the Tax Credits and <br />generally accepted auditing standards (GAAP) ("Audit"). If the Audit determines that the <br />total sources of permanent financing for the Project (including long -tern permanent debt <br />and equity) exceed the total development cost for the Project required in connection with <br />the development of the Project, such excess shall be considered the "Cost Savings" for the <br />Project. <br />(c) Allocation of Cost Savings Amount. First to Pay the City Share of <br />Cost Savings as Payment of Principal on City/HOME Loan Note. Once determined by the <br />Audit pursuant to Section 6.13 above, the full amount of Cost Savings shall be allocated <br />and remitted in the following order: (a) first, Developer shall retain fifty (50%) of Cost <br />Savings, and (b) second, Developer shall pay to the City the City Share of Cost Savings <br />which shall be utilized as principal payment due on the City/HOME Loan Note. <br />(d) Timing of Allocation and PVnent of Cost Savings. In the event of <br />any Cost Savings, the payment of the City Share of Cost Savings shall become due and <br />payable no later than sixty (60) days after Developer receives its final Tax Credit equity <br />payment for the Project, and each of such payments shall be allocated and remitted in a <br />lump sum, and as applicable credited toward the respective amount outstanding under the <br />City/HOME Loan Note. <br />6.14. Standard Form Leases. On or before issuance of the Certificate of <br />Completion, Developer shall submit to City for its written approval a standard form of <br />residential lease to be used for leasing of the Project (the "Standard Lease"). The Standard <br />13 <br />Westview House <br />City HOME Loan Agreement <br />
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