Laserfiche WebLink
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 G 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 the PBV Restricted Units subject to the rent increase and <br />the 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 Restricted Units with notice <br />of any rent increase pursuant to this Section 3.4, and shall notify the tenant that if they have <br />received a tenant -based voucher from the Housing Authority of the City of Santa Ana they <br />may use the tenant -based voucher for their PBV Restricted Unit. <br />(c) All rent increases for the Restricted Units are subject to City <br />approval pursuant to the terms of this Section 3.4. 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 3.4. 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 Restricted Units written notice at least sixty (60) <br />days prior to any rent increase. <br />3.5. Reserved. <br />The Crossroads at Washington <br />City NSP Affordability Restrictions on Transfer of Property, <br />