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Item 13 - Affordable Housing Project at 1411 N Broadway
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03/07/2023 Special and Regular
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Item 13 - Affordable Housing Project at 1411 N Broadway
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Agenda Packet
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Clerk of the Council
Item #
13
Date
3/7/2023
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<br />EXHIBIT 3 <br />“Low HOME Rent” means rent that does not exceed thirty percent (30%) of the <br />adjusted income of a household whose annual income is equal to or less than fifty percent <br />(50%) of the area median income for the Orange County, California PMSA, adjusted for <br />household size, as published by HUD for the HOME-ARP rent limits. <br />“Median Income for the Area” means the median income for the Orange County, <br />California PMSA as most recently determined by HUD. Also may be referred to <br />interchangeably in the Loan Documents as “Area Median Income” or “AMI”. In the event <br />that such income determinations are no longer published, or are not updated for a period of <br />at least eighteen (18) months, the City shall provide the Developer with other income <br />determinations which are reasonably similar with respect to methods of calculation to those <br />previously published by HUD and the State. <br />"Operating Reserves" shall mean reserves maintained during the Term of <br />Agreement and funded out of Residual Receipts, loan advances, equity, or other sources <br />and set aside for taxes and assessments, insurance premiums, operating expenses, and debt <br />service. Operating Reserves shall not exceed the amount required to pay three (3) months <br />of operating expenses and three (3) months of mandatory debt service, or such higher <br />amount required by a project lender or by the Tax Credit Investor. <br />“Partnership Agreement” means the Amended and Restated Agreement of <br />Limited Partnership of Developer, dated on or about the same date hereof March __, 2023, <br />as said Partnership Agreement may be amended from time to time. <br />"Permitted Encumbrances for the Affordable Housing Restrictions" means, <br />collectively, the Senior Loan Deed of Trust and all other title exceptions and limitations <br />with respect to the Property hereafter approved by the Executive Director in writing. <br />"Permitted Encumbrances for the City Loan Deed of Trust" means, <br />collectively, the Senior Loan Deed of Trust and all other title exceptions and limitations <br />with respect to the Property hereafter approved by the Executive Director in writing. <br />"Project" means the possession of a leasehold interest and construction and <br />ownership of improvements on the Property by Developer pursuant to this Agreement. <br />"Project Budget" means the line-item development cost budget for the Project <br />attached hereto as Exhibit C, as modified from time to time in accordance with this <br />Agreement. <br />"Project Costs" means all costs of any nature incurred in connection with the <br />Project in accordance with generally accepted accounting principles. <br />"Property" means the Property that is located at 1411 North Broadway (APN 398- <br />523-04), within the City of Santa Ana, and is more fully described in the “Legal Description” <br />of the Property attached hereto as Exhibit A and incorporated herein by reference. <br />7 <br />WISEPlace Permanent Supportive Housing <br />City HOME-ARP Loan Agreement
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