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FULL PACKET_2019-04-16
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FULL PACKET_2019-04-16
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
4/16/2019
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b. Within one hundred and fifty (150) days after the close of the initial Calendar Year, <br />following the Issuance of the Certificate of Occupancy, and on or before the 150th day of each <br />Calendar Year thereafter, the Borrower shall submit to the Agency an audited financial statement <br />of Gross Revenues and Operating Expenses attributable to the Property for the applicable Calendar <br />Year, along with a computation of the amount of the Residual Receipts applicable to such Calendar <br />Year with which to make an Agency Loan payment then due. <br />C. Except as otherwise provided, the Borrower shall pay to the Agency the Agency's <br />Percentage of the Residual Receipts as payment of the Agency LMIHAF Loan and City <br />Inclusionary Loan pursuant to Section 5(d) below. At least fifty percent (50%) of the Residual <br />Receipts shall remain with the Borrower, with all Residual Receipts remaining with Borrower, <br />once both the Agency LMIHAF Loan and City Inclusionary Loan have been fully repaid. <br />d. Borrower shall retain fifty percent (50%) of the Residual Receipts. The other fifty <br />percent (50%), shall be divided with seventy-eight percent (78%) to be applied to this Agency <br />LMIHAF Loan, and twenty-two percent (22%) to be applied to the Inclusionary City Loan. As <br />Borrower repays this Loan and the Inclusionary City Loan, the payment percentage applied to the <br />remaining loans shall increase. <br />e. The Residual Receipts payment shall be made no later than one hundred and fifty <br />(150) days after the close of the Calendar Year. Such payment shall be applied first to any late <br />fees, then to reduce the principal balance of the loan. <br />6. Loan Reuayment from Refinancing Proceeds. <br />The Borrower shall make a loan payment to the Agency from every Refinancing that occurs <br />during the term of this Note (other than refinancing of the Senior Loan), not to exceed the <br />outstanding balance of principal on this Note, to the extent of the Agency's Percentage of the <br />Refinancing Proceeds (if any), as follows: the cash proceeds from such Refinancing shall be <br />applied first to pay Closing Costs; next, the amount necessary to pay in full the balance remaining <br />on the Senior Loan; next, the amount necessary to pay any deferred developer fee in full; and next, <br />the Borrower shall pay to the Agency the Agency's Percentage of the Refinancing Proceeds of <br />which Agency Percentage shall be used seventy-eight percent (78%) to repay this LMIHAF <br />Agency Loan, and twenty-two percent (22%) to repay the Inclusionary City Loan, to the extent of <br />the outstanding balance on this Note. All remaining Refinancing proceeds shall remain with the <br />Borrrower to the extent the outstanding balance (including interest) of the Note has been fully paid. <br />Such payment shall be due on the date of such Refinancing, and shall be applied to reduce the <br />principal balance of the Loan in accordance with this Section 6. The Agency shall not be required <br />to reconvey the lien of the Deed of Trust if Refinancing Proceeds are insufficient to repay the Loan <br />in full. <br />Loan Repayment from Sale Proceeds. <br />The Borrower shall make a loan payment, not to exceed the outstanding balance of <br />principal on this Note, subject to section 14 herein, to the Agency from any Sale that occurs during <br />80A-175 <br />
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