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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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Section 6.1(d) of this Agreement) for the Project for the City's approval pursuant to <br />Sections 6.1(d) and Exhibit F of this 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 nonrenewal 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 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 />approval of the City. <br />Developer shall give tenants of all PBV Restricted Units written notice at least sixty (60) <br />days prior to any rent increase. <br />7.8. CHDO Provisions. The sole managing member of the Managing General <br />Partner shall maintain CHDO (Community Housing Development Organization) status for <br />the term of this Agreement and the Affordability Restrictions on Transfer of Property in <br />accordance with 24 CFR 92. Developer agrees to provide information as may be requested <br />by the City to document its continued compliance, including but not limited to an annual <br />board roster and certification of continued compliance. <br />Any funds advanced as CHDO pre -development funds must be in compliance with 24 CFR <br />92.301, and are forgivable only under the terms in 24 CFR 92.301. Any funds advanced to <br />Developer as CHDO Operating Expenses must be expended in compliance with 24 CFR <br />19 <br />Westview House <br />City HOME Loan Agreement <br />
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