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8E Consent 2009 1207
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8E Consent 2009 1207
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12/3/2009 12:15:21 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/7/2009
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_CC Agenda 2009 1207
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\City Clerk\City Council\Agenda Packets\2009\Packet 2009 1207
Reso 2009-158
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\City Clerk\City Council\Resolutions\2009
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"NSP Property Budget" means a Sources and Uses Budget in a form approved by <br />the Housing Director, for each Subject Property, including the acquisition and <br />rehabilitation costs and funding. This budget should clearly specify the amount of NSP <br />funding for that specific property and, upon project completion, will include the actual <br />costs at the end of the transaction. <br />"NSP Rental Property Budget" means a Sources and Uses Budget for each <br />Subject Property serving Low Income Households, including the acquisition and <br />rehabilitation costs and funding and an operating pro forma. This budget should clearly <br />specify the amount of NSP funding for that specific property and, upon project <br />completion, will include the actual costs at the end of the transaction. <br />"Quali~ng Neighborhood" means the census tracts within the Alameda County <br />Urban County Jurisdiction which have a HUD approved Foreclosure and Abandonment <br />Risk Score of seven or higher. In Unincorporated Alameda County the following census <br />tracts qualify: 433700, 433800, 436200, 433900, 434000, 435500, 435600, 436300, <br />43b401, 435700, and 435800. In the City of Newark census tract 444400 is the only <br />qualifying census tract. Unless approved by the Housing Director, there are no other <br />qualifying census tracts in the Urban County. See Exhibit B for additional information. <br />"4ualif~ng Property" means a unit of residential housing that meets the NSP <br />program regulations and (i) is vacant, (ii) is Foreclosed, (iii) has been determined by the <br />Housing Director to be in need of renovation, (iv) is located in a Qualifying <br />Neighborhood, (v) can be acquired and fully rehabilitated at an estimated cost of <br />$450,000 or less (including the Developer Fee and any ancillary costs), and (vi) can <br />reasonably be expected to be rehabilitated within six months, and sold in no event later <br />than February 28, 2013. Any exceptions to the above must be approved in writing in <br />advance by the Housing Director. <br />"Qualifying Purchase Price" means the price that can be paid to acquire title in fee <br />simple to a Subject Property when NSP funds are used to finance such acquisition. The <br />Qualifying Purchase Price is the price that (i) is equal to or less than $275,000, and (ii) <br />when aggregated with the prices paid to acquire all Subject Properties in the Program, is <br />equal to, or less than, ninety-nine percent (99%) of the aggregated Appraised Value of all <br />such Subject Properties. Any exceptions to the above must be approved in writing in <br />advance by the Housing Director. <br />"Rehabilitation Costs" means costs incurred to rehabilitate a Subject Property <br />after its acquisition, including material and labor, permits and fees, the Developer Fee, <br />holding costs and other soft costs. <br />"Subject Property" means a property that (i) is a Qualifying Property that satisfies <br />the criteria set forth in this Agreement, and (ii) is purchased by CONTRACTOR. <br />"Total Development Costs" means all costs necessary for Contractor to <br />implement the NSP, which includes but is not limited to due diligence, title and <br />recording, acquisition, hard costs, soft costs, and broker fees at resale. <br />7 of 55 <br />
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