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07/22/2013 <br />force and effect for the term of the Loan regardless of whether the loan the is paid off <br />before its maturity date <br />3. Form of CDBG Subsidy - The CDBG financial assistance from the City as provided <br />under this Agreement shall be evidenced by a Promissory Note in favor of the City, in <br />the form attached hereto as Exhibit "C" (the "Promissory Note") and secured by a deed <br />of trust on the Property (the "Deed of Trust"), in the form attached hereto as Exhibit "D". <br />The Promissory Note shall provide that the loan will be at zero percent (0%) interest for <br />thirty (30) years with principal and interest payments deferred for the Loan Term, except <br />in the case of default, and shall be repaid in full at the end of the Loan Term, except in <br />the case of a default, in which case repayment may be accelerated. The "Loan Term" <br />shall be the date which is thirty (30) years from the date the Promissory Note is fully <br />executed. Contractor shall not further encumber, subordinate, sale nor transfer title, nor <br />take any other actions which would jeopardize the economic sustainability and <br />affordability of the property being acquired, without the prior written consent of the City.` <br />4. CDBG Affordability Covenant — Projects receiving CDBG funds must record on title <br />a CDBG affordability covenant ("Covenant") or deed restriction ("Deed Restriction") that <br />runs with the land and restricts household incomes and rents of CDBG assisted units <br />such that the units remain continuously affordable to low income persons for a specified <br />period of time. The term of said CDBG affordability restriction for this Project shall be <br />fifteen (15) years. The period of affordability becomes effective upon initial occupancy <br />of CDBG assisted units notwithstanding that HUD defines Project Completion as the <br />date when the final CDBG funds are drawn down and the City has entered project <br />completion information into HUD's disbursement and information system. <br />The Covenant will incorporate the following provisions: <br />CDBG Definitions, Requirements, Rent and Occupancy Restrictions - The <br />following definitions, requirements and references may be adjusted from time -to <br />time by HUD or the City, and any such adjustments shall be incorporated:. by <br />reference into this Agreement: <br />a. Maximum Allowable Rent and Utility Allowances: The maximum allowable CDBG <br />rents must be reduced if the tenant/s pays for utilities. The maximum rent includes all <br />utilities and housing -related services, except telephone. Allowances provide a <br />mechanism for reducing the maximum allowable CDBG rent when some or all utilities <br />are paid by the tenant/s. Redwood City uses the San Mateo County Housing Authority <br />current allowance schedule to determine utility allowances which vary depending on the <br />type of unit and utilities available in the unit. <br />b. Maximum Rents: The total monthly rent cannot exceed the current HUD rent limits <br />for low income (at or below 80 percent of area median) adjusted for unit size. <br />c. Tenant Income: All households must be low-income (incomes at or below 80 <br />percent of area median). Income limits will be prepared and made available` by <br />RESO. # 15282 <br />MUFF # 608 <br />