Laserfiche WebLink
hereunder and 60% to repay the Agency Loan). Annual Residual Receipts payments shall be paid by <br />the Borrower and shall be delivered on or before one hundred fifty (150) days after the end of the <br />Borrower's fiscal year, of each year during the term of this Note first following the date the final <br />Certificate of Occupancy is issued for the Project, until the Note Amount and all unpaid interest <br />thereon has been repaid in full. Any remaining portion of the Note Amount shall be due and payable <br />on the earlier to occur of (a) the fifty-sixth (56th) anniversary of the date the final Certificate of <br />Occupancy is issued for the Project; or (b) December 31, 2068. Notwithstanding the foregoing, the <br />full Note Amount may be accelerated as set forth in Section 14 hereof. <br />On or before one hundred fifty (150) days after the end of the Borrower's fiscal year, of each <br />year commencing in the year after the issuance of the Release of Construction Covenants for the <br />Project, the Borrower shall annually provide the City an audited financial statement for the Project <br />and a residual receipts report in a form provided by the Executive Director, which shall describe in <br />detail the Annual Project Revenue, Debt Service, Operating Expenses, Capital Replacement Reserve <br />(including deposits therein and expenditures therefrom), and Residual Receipts for that year for the <br />Project, The Borrower shall also submit to the City, on or before one hundred fifty (150) days after <br />the end of the Borrower's fiscal year, of each year commencing in the year of the issuance of the <br />Release of Construction Covenants for the Project, annual audited financial statements with respect <br />to the Project that have been reviewed by an independent certified public accountant, together with <br />an expressed written opinion of the certified public accountant that such financial statements present <br />the financial position, results of operations, and cash flows fairly and in accordance with generally <br />accepted accounting principles. <br />4. Definitions. <br />As used herein, "Annual Project Revenue" shall mean all gross income and all revenues of <br />any kind from the Project in a calendar year, including without limitation, rent, Section 8 housing <br />assistance payments, if any, late charges, vending machine income, and any other revenues of <br />whatever kind or nature from the Project, except that security deposits (until applied), interest on <br />security deposits and required reserves, sales proceeds, and the proceeds of loans, refinancings, <br />condemnation, insurance claims, and partner capital contributions, shall not be considered Annual <br />Project Revenue. <br />As used herein, "Applicable Federal Rate" means the interest rate set by the United States <br />Treasury from time to time for the purpose of determining applicable Low Income Housing Tax <br />Credit interest rates published by the Internal Revenue Service in monthly reserve rulings. <br />As used herein, "Capital Replacement Reserve" shall mean a reasonably required reserve not <br />to exceed $250 per unit per year (or such greater amount as may be required by lenders or investors <br />for the Project, to be used for the purpose of replacing capital items. <br />As used herein, "Debt Service" means regularly scheduled payments of principal and interest <br />made in a calendar year pursuant to the Senior Loan obtained for the development and ownership of <br />the Project which has been approved by the City pursuant to the Agreement, and which is senior in <br />lien priority to the City Loan, but excluding payments made pursuant to this Note, payments made <br />under the Agency Loan, and payments made under the NSP Loan. <br />G-2 <br />DOCSOC/ I469583v5/200272-0003