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9% Competitive Credits
Applications Must Be Received At VHDA No Later Than 5:00
PM Richmond, VA Time On May 15, 2009
v1 .3.2009-Custom¡zed
Low Income Housing Tax Credit Application for Reservation
Please indicate if the following items are included with your application by checking the appropriate boxes. Your
assistance in organizing the submission in the order, and actually using tabs to mark them as shown, will
facilitaûe review of your application.
The inclusion of other ¡tems may you ar?
system of ranking applications, and may assist VHDA in its determination of the appropriate amount of credits that it may
reserye for the development. You are therefore encouraged to submit as much requesûed information as is available, but
inclusion is not mandatory for rcview of your application.
Ifcomplete address is not available, provide longitude and latitude coordinates (x,y) from
location on site your surveyor deems appropriate.
! Documentation from surveyor attached (TAB A) (Only necessary if street address or street intersections are not available.
(Coordinates should be the same as those listed on pg 13, ifapplicable)
4. The Circuit Court Clerk's office in which the deed to the property is or will be recorded:
CitylCounty of Accomack County (ie; Richmond City, Chesterfield County; see application manual)
Does the site overlap one or morejurisdictional boundaries? EYes []
No
If yes, what other City/County is the site located in besides the one mentioned above?
6. Is the development located in a Metropolitan Statistical Area? !Yes INo
'7. Census Tract the development is located in: 510019908
Is this a Qualified Census Tract: fl Yes I No (lf yes, attach required form in TAB A)
8. Is the development located in a Diffrcult Development Area?
9. Is the development located in a revitalization area? n Yes n No flf yes, attach required form in TAB A)
10. Is the development an existing RD or HUD 58/236 development? n Yes tr No (If yes, attach required form in TAB Q)
Note: Ifthere is an identity ofinterest between the applicant and the seller in this proposal, and the applicant is seeking points in
this category, then the applicant must either waive their rights to the developer's fee or other fees associated with acquisition and/or
rehabilitation, or obtain a waiver ofthis requirement from VHDA prior to application submission to receive these points.
a. Applicant agrees to waive all rights to any developer's fee or
other fees associated with acquisition and/or rehab. ! Yes ! n/a
b. Applicant has obtained a waiver of this requirement from VHDA
prior to the application submission deadline. ! Yes l) nla
1 1. Is the development located in a census tract with a poverty
rate <10%o with no tax credit units cunently present? n Yes n No
12. Is the development listed on the RD 5 15 Rehabilitation
Priority List? ! Yes !No
13. CongressionalDistrict
Planning District 22
State Senate District 6 httÞ://dlsois.state.va.us/senate/200 PDFs/Chap2Tab.odf
1
B. Project Description:
In the space provided below, give a briefdescription ofthe proposed project.
Page 1
Low Income Housing Tax Credit Application For Reservation
C. Reservation Request
l. Total annual credit amount request (Must be the same as Part IX-D8) 5327 ,442
I new construction, or
I rehabilitation, or
Federal Subsidies
n The development will not receive federal subsidies.
!some buildings.
1. Regular Allocation
2. CarryforwardAllocation
3. Federal Subsidies
E ttre development will not receive federal subsidies.
n fnis development will receive federal subsidies for:
[J all buildings or
! some buildings.
2009 Page2
Low-Income Housing Tax Credit Application For Reservation
n Different circumstances for different buildings: Attach a separate sheet and explain for each
building.
F. RehabilitationCreditlnformation
NOTE: If no credits are being requested for rehabilitation expenditures, so indicate and go
on to Section II. ! No Rehabilitation
Minimum Expenditure Requirements
E All buildings in the development satisff the rehab costs per unit requirement of IRC
Section a2(eX3XAXii).
tr All buildings in the development qualify for the IRC Section a2(eX3XB) exception to the
l0% basis requirement (4% credit only).
n All buildings in the development qualify for the IRC Section 42(Ð(5XBXii)(II) exception.
n Different circumstances for different buildings. Attach a separate sheet and
explarn tor each burldmg.
2009 Page 3
Low-Income Housing Tax Credit Application For Reservation
il. OWNERSHIPINFORMATION
the legal name of the owner. The ownership entity must be formed prior to submitting this application. Any transfer, direct or indirect, of partnership interests (except those
the admission of limited partners) prior to the placed-in-serüce date of the proposed development shall be prohibited, unless the transfer is consented to by VHDA in its
sole discretion. IMPORTANT: The Owner name listed on th¡s page must match exactly the owner name l¡sted on the Virginie Stete Corporat¡on Comm¡ssion
A. Owner Information:
Name Mill Run Apartments, LLC
Contact Person First: David Middle: Franklin Last: Annis
Address 23372 Front Street
(Street)
Accomac VA 233tJt
(City) (State) (Zlp Code)
Principal(s) involved (e.g. general parblers, LLC members, controlling shareholders, etc.):
Names ** Phone Twe Ownership o/o
Ownership
Elaine Meil for the Mill Run Development 757 787 C' 2800
Managing Member 100.00%
o.0tJ"h
-TÚ_
-iTÚz- 0.UtJYo
** These should be the names of individuals who comprise the GP or manaeins members. not simply the names of
separate Þartnershlps or comoratlons whrch mav compnse those components.
B Principals'Previous Participation Certitication attached (Mandatory TAB D), resumé, & ownership structure chart.
B. Seller Information:
Name Accomack- Auth Contact Person David Amis
Address
Accomac, VA'2'3JU'l tJt töt ¿óuu
Is there an identity of interest between the seller and owner/applicant? EYes DNo
If yes, complete the following:
Principal(s) involved (e.g. general parülers, controlling shareholders, etc.)
Names Phone Twe Ownership %o Ownership
Accomack-Northampton regional Housing 757 787 A 2800
Fee Simple 100.00%
0.00%
0.00%
0.00%
2009 Page 4
Low-Income Housing Tax Credit Application For Reservation
a
-)- Consultant: Related Entity? !YesnNo
Firm Name: Role:
Address:
Phone: Fax:
2009 Page 5
Low-Income Housing Tax Credit Application For Reservation
D. Nonproätlnvolvement:
For 9o/o Credits - Must be completed in order to compete in the nonprofit tax credit pool.
Applicants - Must be completed for points for nonprofit involvement under the ranking system.
Tax Credit Nonprofit Pool Applicants: To qualifu for the nonprofit pool, an organization described in IRC Section 501
(c)(3) or 501 (c)(a) and exempt from taxation under IRC Section 501 (a), whose purposes include the fostering oflow-income housing
L Must "materially participate" in the development and operation ofthe project throughout the compliance period,
2. Must own all general partnership interests in the development.
3. Must not be afliliated with or controlled by a for-profrt organization.
4. Must not have been formed for the principal purpose ofcompetition in the nonprofrt pool, and
5. Mustnothaveanystaffmember, ormemberofthenonprofrt'sboardofdirectorsmateriallyparticipateintheproposedproject
as a for-profit entity.
All Applicânts: To qualily fbr points under the ranking system, the nonprofit's involvement need not necessarily
satisfu all ofthe requirements for participation in the nonprofit tax credit pool.
3. Typeofinvolvement
! Nonprofit meets eligibility requirement for points only, not pool or
! Nonprofit meets eligibility requirements for nonprofit pool and points.
! the Owner
I the Applicant (if different from Owner)
! ottrer
(Nme of nonprofit)
(Zip code)
(Phone) (Fax)
2009 Page 6
Low-Income Housing Tax Credit Application For Reservation
B. Building Systems:
Please describe each of the following in the space provided.
Community Facilities: Community Room, Management Office and Maintenance on site.
2009 PageT
Low-Income Housing Tax Credit Application For Reservation
C. Amenities:
NOTE 2: All developments must meet VHDA's Minimum Design and Construction Requirements.
By signing and submitting the Application For Reservation of Low Income Housing Tax Credits the
applicant certities that the proposed project budget, plans & specitications and work write-ups incorporate
all necessary elements to tultill these requirements.
*
E neeumentatien etta€hed (
ne
Uf, ÊYert'unit in the deYetep
ir
!s YÉater expense is sub metered (the tenant *'ill pay menthly er bi menthlf bilÐ
nr i€€'
ni
2009 Page 8
Low Income Housing Tax Credit Application For Reservation
D i+-
ier-as
Accessibility
E For any non-elderly property in which the greater of5 or l0% ofthe units (i) provide federal project-based rent subsidies or
equivalent assistance in order to ensure occupancy by extremely low-income persons; (ii) conform to HUD regulations
interpreting accessibility requirements of section 504 of the Rehabilitation Act; and (iii) are actively marketed to people with
special needs in accordance with a plan submitted as part of the Application. (lf special needs include mobility impairments
the units described above must include roll-in showers and roll under sinks and front controls for ranges).
n For any non-elderly property in which the greater of 5 or 10olo of the units (i) have rents within HUD's Housing Choice
Voucher ("HCV) payment standa¡d; (ii) conform to HUD regulations interpreting accessibility requirements of section 504 of
the Rehabilitation Acq and (iii) are actively marketed to people with mobility impairments, including HCV holders, in
accordance with a plan submitted as part the Application.
! For any non-elderly property in which at least four percent (4%) of the units conform to HUD regulations interpreting
accessibility requirements of section 504 of the Rehabilitation Act and are actively marketed to people with mobility
impairments in accordance with a plan submitted as part of the Application.
! yes lNo EVe The market-rate units' amenities are substantially equivalent to those of the
low-income units. If no, explain differences:
2009 Page 9
Low-Income Housing Tax Credit Application For Reservation
IV.TENANT INFORMATION
'
Units Provided Per Household
en
nits
l. If 100% of the low-income units will be occupied by either or both of the following special needs
groups as defined by the United States Fair Housing Act, so indicate:
n Yes Elderly (age 55 or above)
! Yes Physically or mentally disabled persons (must meet the requirements of the federal
Americans with Disabilities Act)
2. Specif, the number of low-income units that will serve individuals and families with children by
providing three or more bedrooms: 11 Number of units 42% of total low-income units
-)- If the development has existing tenants, VHDA policy requires that the impact of economic and/or physical
displacemeni on those tenants be minimized, in which Owners agree to abide by the Authority's Relocation
Guidelines for LIHTC properties.
4. If leasing preference will be given to applicants on public housing waiting list and/or Section 8
waiting list, so indicate:
El Yes
nNo
n Locality has no such waiting list; If yes, provide the following information:
2009 Page l0
Low-Income Housing Tax Credit Application For Reservation
V. LOCALNEEDSANDSUPPORT
A. Provide the name and the address of the chief executive of{icer (City Manager, Town Manager, or
County Administrator) of the political jurisdiction in which the development will be located:
Chief Executive Officer's Name Marion F. Long
Chief Executive Officer's Title Mayor
Street Address PO Box 238 Phone 757 4425031
City Belle Haven State VA Zip 23306
Name and title of local official you have discussed this project with who could answer questions for the
local CEO: Marion F. Long, Mayor
E Leuerfrom
VHDA notihcation letter to CEO submitted prior to 5:00 PM 3/5/09: (9%o competitive credits only) fl Yes n No
Name and title of local official you have discussed this project with who could answer questions for the
local CEO:
! Letterfrom
VHDA notification letter to CEO submitted prior to 5:00 PM 315/09 (9% competitive credits only) [ Yes I No
B. Project Schedule
ACTUÀL OR NAME OF
ACTIVITY ANTICIPATED PERSON
DATE RESPONSIBLE
Site
Option/Contract lomplete David Annis
Site Acquisition 1 l-l-09 DavidAnnis
Zoning Approval lomplete David Armis
Site Plan Approval )omolete David Annis
Financing
A. Construction Loan
Loan Application 7t3u09 DavidAnnis
Conditional Commitment st3u09 David Annis
Firm Commitment 9n5/09 DavidAnnis
B. Permanent Loan - First Lien
Loan Application _ 6t30/09 David Annis
Conditional Commitment 7ßVrJg David Annis
Firm Commitment 8/rs/09 DavidAnnis
C. Permanent Lo¡n-Second Lien
Loan Application
Conditional Commitment
Firm Commitment
D. Other Loans & Grants
Type & Source, List
Application
Award/Commitment
f,'ormâtion of Owner Complete David Annis
IRS Approval ofNonprofit Status NA David Annis
Closine and Transfer of ProperW to Owner tt/0!09 David Annis
Plans and Speciäcations, Working Drawings 8^/09 David Annis
Building Permit Issued by Local Government tztolt09 David Annis
Start Construction t2/1s/09 David Annis
Beqin Lease-up 6n5/09 David Annis
Complete Construction 7/31/10 David Annis
Complete Lease-Up 8/31/t0 DavidAnnis
Credit Pleced in Service Date t,/71I David Annis
2009
Low-Income Housing Tax Credit Application For Reservation
þS Site control by the Owner identified herein is a mandatory precondition of review of this application
evidence of it, in the form of either a deed, option, purchase contract, or lease for a term longer than the period of time
property will be subject to occupancy restrictions must be included herewith. (9% Competitive Credits - An option
contract must extend beyond the application deadline by a minimum of four months.)
Site control by an entity other than the Owner, even if it is a closely related party, is not sufficient.
transfers to the Owner are not sufficient. The Owner, as identified in Subpart ll-4, must have site control at
this Application is submitted.
; lf the Owner receives a reservation of credits, the property must be titled in the name of or leased by (pursuant to
lease) the Owner before the allocation of credits is made this year.
us before you submit this application if you have any questions about this requirement.
n Deed - attached
If more than one site for the development and more than one form of site control, please so indicate
! and attach a separate sheet speci$ing each site, number of existing buildings on the site, if any,
type ofcontrol ofeach site, and applicable expiration date ofform ofsite control. A site control
document is required for each site.
El Owner is to acquire property by deed (or lease for period no shorter than period property
be subject to occupancy restrictions) no later than ll/06/09 (must be prior to November 7 ,2008).
will
If more than one site for the development and more than one expected date of acquisition by
Owner, please so indicate n and attach separate sheet speci$ing each site, number of existing
buildings on the site, if any, and expected date of acquisition of each site by the Owner.
Obtain the following information from the Market Study conducted in connection with this ta,x credit application and enter below:
2009 Page 12
Low-Income Housing Tax Credit Application For Reservation
l. Site Description
4. Will the proposal seek to quali$ for points associated with proximity to public transportation?
EJ Yes E No
El Required documentation form attached (TAB A)
D. Photographs
lnclude photographs of the slte and any exlsfing structure(s) rn TAB 0. þor rehablhtatlon projects,
provide interior pictures which document the necessity ofthe proposed work.
Minimum submission requirements for all properties (nerv construction, rehabilitation and adaptive reuse)
2009 Page 13
Low-Income Housing Tax Credit Application For Reservation
A. Rental Assistance
l. Do or will any low-income units receive rental assistance?
[Yes n No
2. Ifyes, indicate type ofrental assistance:
! Section 8 Vouchers
n State Assistance
n othe.:
B. Utilities
l. Monthly Utility Allowance Calculations
2009 Page 14
Low-Income Housing Tax Credit Application For Reservation
C. Revenue
**
l. Indicate the eslimated monthly income for the Low-Income Un¡ts:
Total Number of
Tax Credit Units Rental Income
0 $0
I Bedroom Units 4 $1,1 80
2 Bedroom Units il $4,686
3 Bedroom Units ll $5,511
4 Bedroom Units 0 s0
Total Number of Tax Credit Units T
Plus Other Income Source (list): HCV income
Equals Total Monthly income: $12,011
Twelve Months x12
Equals Annual Gross Potential Income sl44,132
Less Vacancy Allowance ( 7.0% ) $10,089
Equals Annual Effective Gross Income (EGI) - Low Income Units $134,043
*r Beginning at Row 75 enter the appropriate data for both lg¡3lgg¡! and g¡þ!4@ units in the yellow shaded cells.
2. Indicate the estimated monthly income for the Market Råte Units: **
Total Number of Total Monthly
Unit Type Market Units - Rental Income
Efficiency Units 0 s0
I Bedroon Units 0 $0
2 Bedroom Units 0 $0
3 Bedroom Units 0 $0
4 Bedroom Units 0 s0
Total Number of Market Units
1'l 11 0 0 0 0
,I
I STY-EFF-ELD STY.I BR-ELD I STY-2 BR{LO Note: Pleâse b€ sure to enler lhe number of units in the
0 0 0 gpp4p¡þlg unit category. If not' you will find sn error on
11 11 0 0 0 0
Efflclency Un¡tB
Un¡t Type / Net Rentable Monthly Rent Total
Rent Taroetino Number Un¡ts Square Feet Per Un¡t Monthlv Rent
1-Bedroom Units
Net Rentable Monthly Rent Total
Rent Taroetino Number Un¡ts Souare Feel Per Unit Monthlv Rent
2009 Page 15
1 BR - 400/o 2 660.37 $ 270 $ 540
1 BR-40% 'l 691.87 s 270 $ 270
1 BR - 400/o 0 0.00 $ $
1 BR-40% 0 0.00 c $
I BR - 4070 0 0.00 $ $
I BR- 4Oo/o 0 0.00 $ s
1 BR-40% 0 0.00 $ $
I BR-40% 0 0.00 $ $
'l BR - 40% 0 0.00 s $
1 BR-40% 0 0.00 $ $
1 BR-4070 0 0.00 $ $
1 BR-40% 0 0.00 $ $
1 BR-40% 0 0.00 $ $
1 BR- 40o/o 0 0.00 $ $
I BR-40% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
1 BR-60% 0 0.00 $
1 BR-60% 0 0.00 $ $
't BR - 60% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
I BR-60% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
I BR-60% 0 0.00 s ù
1 BR-60% 0 0.00 $ $
I BR-60% 0 0.00 s $
1 BR-60% 0 0.00 s $
't BR - 60% 0 0.00 $ $
1 BR-60% 0 0.00 $
1 BR - 600/o 0 0.00 $ $
I BR-60% 0 0.00 $ $
Total l-BR Total Monthly 1-BR
Tax Cred¡t Un¡ts: 2,704.48 Tax credlt Rent: $ 1,180
2-Bedroom Unlts
Net Rentable Monthly Rent Total
Rent Taroelinq Number Units Souare Feet Per Un¡t - Monlhlv Rent
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 o.00 $
2BR-60% 0 0.00 $ $
2 BR - 600/o 0 0.00 $ $
2 BR - 6070 0 0.00 $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
2 BR - 600/o 0 0.00 I $
2BR-60% 0 0.00 $ $
2 BR - 600/o 0 0.00 $ $
Total 2-BR Total Monthly 2-BR
Tax Cred¡t Un¡ts: 11 I 1 ,1 82.65 Tax Credlt Rent: $ 4,686
2 BR - Market 0 0.00 $
2 BR - Market 0 0.00 I $
2 BR - Market 0 0.00 $ $
2 BR - Market 0 0.00 $
2 BR - Market 0 0.00 $ -
$
2 BR - Market 0 0.00 $ $
2 BR - Market 0 0.00 s $
2 BR - Market 0 0.00 $ $
2 BR - Market 0 0.00 $
2 BR - Market 0 0.00 $ $
2 BR - Market 0 0.00 $ $
2 BR - Market 0 0.00 $ $ Page 15
2009
2 BR - Market I o ìl mo lls .-_ls
2 BR - Market
2 BR - Market I o li mo---liT-l s
Total 2-BR
Market Un¡ts: Total Monthly
z-BR Market Rent:
3.8êdroom Units
Net Rentable Monthly Rent Totel
Rent Tarqetino Number Units Square Feet Per Unit Monthlv Rent
3BR-40% 0 0.00 s $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3 BR - 400lo 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ s
3BR-40% 0 0.00 $ $
3 BR - 4070 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 s $
3 BR - 6070 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3 BR - 600/o 0 0_00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0_00 $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
Total 3-BR Total Monthly 3-BR
Tax Cred¡t Un¡ts: 11 13,184.80 Tax credlt Rent: $ 5,511
mo -]iT-l
3 BR - Markel
2009 3 BR - Market I o li ç Page 15
3 BR - Market 0 0.00 $ $
3 BR - Market 0 0.00 $ $
3 BR - Market 0 0.00 ü $
3 BR - Market 0 0.00 $ ù
3 BR - Market 0 o.00 $ $
3 BR - Market 0 0.00 $ $
3 BR - Market 0 0.00 $ $
3 BR - Market 0 0.00 E $
3 BR - Market 0 0.00 $ $
3 BR - Market 0 0.00 $ $
3 BR - Markel 0 0.00 $ $
3 BR - Markôt 0 0.00 $ $
Total 3-BR
Market Unlts: Total Monthly
3-BR Market Rent:
¡l-Bedrcom Unlts
Net Rentable Monthly Rent Total
Rent Taroetino Number Units Souare Feet Per Un¡t Monthly Rent
4BR-40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4 BR - 40o/o 0 0.00 $
4BR-40% 0 0.00 $ $
4BR-40% 0 0.00 $ s
4BR-40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4BR- 40% 0 0.00 $ $
4BR- 40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4BR- 40% 0 0.00 $ $
4BR-40% 0 0.00 $ $
4 BR- 40% 0 0.00 $ $
4 BR - 5070 0 0.00 $ $
4BR-50% 0 0.00 $ $
4 BR - 5070 0 0.00 $ $
4BR-50% 0 0.00 $ $
4 BR - 500/o 0 0.00 $ $
4BR-s0% 0 0.00 $ $
4 BR - 500/o 0 0.00 s $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4 BR - 500/o 0 0.00 ù $
4BR-50% 0 0.00 s $
4BR-50% 0 0.00 $ $
4 BR - 500/o 0 0.00 ù $
4 BR - 50o/o 0 0.00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0.00 s $
4 BR - 6070 0 0.00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0_00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0_00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0.00 s $
4BR-60% 0 0.00 $ $
4BR-60% 0 0.00 $ $
4BR-60% 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Merket o 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $
4 BR - Markët 0 0.00 $ $
4 BR - Märket 0 0.00 $ $
4 BR - Market 0 0.00 s $
4 BR - Market 0 0.00 $ $
4 BFI - Market 0 0.00 s $
4 BR - Market o 0.00 s $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $
4 BR - Market o 0.00 $ $
4 BR - Market 0 0.00 $ $
Total 4-BR
Markst Unlts: Totâl Monthly
4-BR ilarket Rent: 5
2009 Page 15
Low-Income Housing Tax Credit Application For Reservation
D. Ex
Administrative:
l. Advertising/lvfarketing $500
2. Office Salaries
3. Office Supplies
4. Office/Model Apafment (type-)
5. Management Fee $10,000
7.46Vo of EGI 384 ól 53846 Per Unit
6. Manager Salaries $12,000
7. StatrUnit (s) (type ) $0
8. Legal
9. Auditing
I 0. -
Bookkeeping/Accounting Fees
$1,200
I 1. Telephone & Answering Service
12. Tax Credit Monitoring Fee
I 3. Miscellaneous Administrative
Operating:
Total UtititY
æ $1,500
I 9. Janitor/Cleaning Payroll $0
20. Janitor/Cleaning Supplies tiz,500
2 l. Janitor/Cleaning Contract
22. Exteminating $J)U
23. Trash Removal $luu
24. Security Payroll/Contract
25. Grounds Payroll
26. Grounds Supplies
27. Grounds ConÍact
28. Maintenance/Repairs Pa¡toll
29. Repairs/Material
30. Repairs Conhact t;5.0u0
3 l. Elevator Maintenance/Contrâct
32. Heating/Cooling Repairs & Maintenance
33. Pool Maintenance/Contract/Staff
34. Snow Removal
3 5. DecoratingÆayroll/Conhact
36. Decorating Supplies
37. Miscellaneous
Operating & Maintenance Totals
Taxes & Insurance
38. Real Estate Taxes $10,200
39. Payroll Taxes
40. Miscellmeous Taxes/Licenses/Pemits
41. Property & Liability Insurance ! I J,UUU
42. Fidelity Bond
43. Workman's Compensation
44. Health Inswance & Employee Benefits li),uuu
45. Other Insurmce
Total Taxes & Insur¡nce $30,500
Dl. Total Oper. Ex. Per Unit 93,771 D2. Total Oper. Ex. As % EGI (fiom E3) 73.t5%
Replacement Reserves (Totâl # Units X $300 or $250 New Const. Elderly Minimurn) $7,800
2009 Page 16
Low-Income Housing Tax Credit Application X'or Reservation
Stabilized
Year I Year2 Year 3 Year 4 Year 5
Eff. Gross Income 134,043 138,064 r42,206 146,472 150,866
Less Oner. Expenses 105.850 I10,084 114,487 119,067 123,830
Net Income 28,193 27,980 27,719 27,405 27,037
Less Debt Service 19,170 19,170 19,170 19,170 19,170
Cash Flow 9,023 8,810 8,549 8,235 7,867
Debt Coverage Ratio 1.47 1.46 1.45 1.43 l.4l
2009 Page l7
Low-Income Housing Tax Credit Application For Reservation
Complete cost column and basis column(s) as appropriate through 412. Check if the following
documentation is attached at TAB S:
! Executed Construction Contract
! Executed Trade Payment Breakdown
fl Appraisal
f] Other Cost Documentation
I Environmental Studies
TE: Attorney must opine, among other things, as to correctness of the inclusion of each cost item in
is, type of credit and numerical calculations of this Part Vlll.
A. Off-Site Improvements 0 0 0 0
B. Site Work 392,014 0 0
C. Other: 0 -..-õ,. ---õ,'
D. Unit Sttrc 1,044,930 0 0 1,044,930
E. Unit Structures (Rehab) 1,018,677 0 0 r,018,677
F. Accessory Building (s) 80,988 0
G. Asbestos Removal 0
---õ,.
H. Demolition 0 0 0
I. Commercial Space Costs 0 0 0
J.
K.
L.
Structured Parking Garage
Subtotal A: (Sum lA..lJ)
General Requirements t6l,7t0
0
2.536.609
0 0
re l6r,7t0
0
M. Builder's Overhead 0 0 0 0
( 0.0olo Contract)
Builder's Profit 161,899 0 0 161,899
( 6.4o/o Contact¡
o. Bonding Fee 0 0 0 0
P. Other: 0 0 0 0
a ContractiñõTi-
Subtotal (Sum lK..1P) $2,8ó0,218 $0 $0 s2,668,204
Owner Costs
A. Building Permit 20.000 0 0 20.000
B. Arch.Ængin. Design Fee 144,288 0 0 144,288
( 5,550 tunit)
C. Arch. Supervision Fee 0 0 0 0
( 0 /unit)
D. Tap Fees 0 0 0 0
E. Soil Borings 2,s00 0 0 2,500
2009 Page l8
Low-Income Housing Tax Credit Application For Reservation
If this application seeks rehab credifs only, in which there is no acquisition and no change in ownership, enter the greater of
appraised value or tax assessment value here: $0 Land
(Attach documentation at Tab K) Buitding
-Sõ"-
2009 Page 19
Low-Income Housing Tax Credit Application For Reservation
Basis-Use Column(s):
(For 2009 9% competitive fredits, use the May 2009 applicable percentages for acq.)
(For 97o non-competitive & tã exempt bonds, use the most recently published rates)
2009 Page20
Low-Income Housing Tax Credit Application For Reservation
B. Sources ofFunds
1. Construction Financing: List individually the sources of construction financing, including any such
loans financed through grant sources:
$o
$o
$0
2. Permanent Financing: List individually the sources of all permanent financing in order of lien position:
4. $o $c 0.000/< l00c
5. $0 $C 0.000/< I 00c
$o $c o oool I 00c
2009 Page2l
Low-Income Housing Tax Credit Application For Reservation
5. Net amount which will be used to pay for Total Development Cost (4a-4e)
as listed in Part VIII-A5 (same amount as Part IX-D3) $2,488,310
2009 Page22
Low-Income Housing Tax Credit Application For Reservation
I . Are any portions of the sources of funds described above for the development financed directly or indirectly
with Federal, State, or Local Government Funds? ! Yes ! No
Ifyes, then check the type and list the amount ofmoney involved.
n f*ExemptBonds $0 ! TaxableBonds $0
n RD 5r5 ! Section 220 $0
! Section 221(d)(3) ! Section 221(d)(3) $0
I Section 312 $0 n Section 221(d)(4)
n Section 236 $0 n Section 236
n vuoa sPARC/REACH $200,298 ! Section 223(f) $0
n HoMn Funds $s00,000 n Other: $o
E Other: VHDA existing loar/grant $545.400
! other:
Grants
$0
Grants
-5r
-
n coec $0 ! State $o
n uoec $0 ! Local $0
I Other: TCÀP $901,61I
This means grants to the partnership. Ifyou received a loan financed by a locality which received one ofthe
listed grants, please list it in the appropriate loan column as "other" and describe the applicable grant program
which funded it.
2. Subsidized funding: list all sources of funding for points. Documentation Attached (TAB T)
2 $c
3. SC
$c
5. $(
3. Does any ofyour fìnancing have any credit enhancement? ! Yes ENo
If yes, list which financing and describe the credit enhancement:
2009 Page23
Low-Income Housing Tax Credit Application For Reservation
X. ADDITIONALINFORiVIATION
NOTE: Each recipient of an allocation of credits will be required to record an extended use agreemenl
required by the IRC governing the use of the development for low-income housing for at least 30 years.
However, the IRC provides that, in certain circumstances, such extended use period may be terminated early.
E This development will be subject to the standard extended use agreement which permits early
termination (after the mandatory l5-year compliance period) of the extended use period.
n This development will be subject to an extended use agreement in which the owner's right to any
early termination of the extended use provision is waived for 25 additional years after the 15-
year compliance period for a total of 40 years. Do not select if IX.B is checked below.
n This development will be subject to an extended use agreement in which the owner's right to any
early termination of the extended use provision is waived f'or 35 additional years after the 15-
year compliance period for a total of 50 years. Do not select if IX.B is checked below.
l. E After the mandatory l5-year compliance period, a qualified nonprofit as identified in the
attached nonprofit questionnaire, or local housing authority will have the option to purchase
or the right off,rrst refusal to acquire the development for a price not to exceed the outstanding
debt and exit taxes. Such debt must be limited to the original mortgage(s) unless any refinancing
is approved by the nonprofit. Do not select if extended compliance is selected in IX.A above.
E Option or Right of First Refusal in Recordable Form Attached (TAB V)
Enter name of qualified nonprofit: Accomack-Northampton Regional Housing Authority
2009 Page24
Low-Incomr -rrsing Tax Credit Application For Reservation
c. Building-by-Buildinglnformat¡on @
Qualified basis must be determined on a building-by building basis. Complete the section below. Building street addresses are required by the IRS (must have them by the time of
allocation request).
s0 $0 s327 442
Qualilied Bæis Totals (must agree wth VIII-Al0)
2009 Page25
Low-Incom. ,using Tax Credit Application For Reservation
C. Building-by-Building Information
Qualified basis must be determined on a building-by building basis. Complete the section below. Building street addresses are required by the IRS (must have them by the time of
allocation request).
$( s( $0
s0 $0 $0
Qualitied Bæis Totals (must agree with Vlll-Al0)
Building-by-Building Information @
Qualified basis must be determined on a building-by building basis. Complete the section below. Building street addresses are required by the IRS (must have them by the time of
allocation request).
J:
48. $( 0.000/o s( o oool 0 $0
$t $( s0
I
following calculation of the amount of credits needed is substantially the same as the calculation which will be made by
to determine, as required by the lRC, the amount of credits which may be allocated for the development. However,
at all times retains the right to substitute such information and assumptions as are determined by VHDA to be reasonable
the information and assumptions provided herein as to costs (including development fees, profits, etc.), sources for funding,
equity, etc. Accordingly, if the development is selected by VHDA for a reservation of credits, the amount of such
reservation may differ significantly from the amount you compute below.
l. Total Development Costs (from VIII-A5, Column A page 20) $5, r37,849
6. Equals Annual Tax Credit Required to Fund the Equity Gap s327,442
3f% PV Crdil
E. Attorney's Opinion
n Aftached in Mandatory TAB W) If you incur the error message that your reservation amount is not
the equity gap amount you may use the goal seek function within the
to eliminate the error message. To use the "Goal Seek" function
the curser box on cell V28. Using the mouse arrow, point and click
ools" on the top line and then click on the "Goal Seek" option. A box wi
with the V28 cell shown in the top space, place the cursor in the mi
and type in the new amount that you want the equity gap to be which
the reservation amount below, then place the cursor in the bottom space and
bottom of the page click on page 22 Then place the cursor on cell Nl
Deferred Developer Fee) and click on'OK". A message should then appear
solution has been found and ifthe amount is correct click "OK'. Ifthe
now equal the error message will disappear.
2009 Page26
Low-Income Housing Tax Credit Application For Reservation
F. Statement of Owner
l. that, to the best ofits knowledge and belief, all factual information provided herein or in connection
herewith is true and correcto and all estimates are reasonable.
2. that it will at all times indemnifr and hold harmless VHDA and its assigns against all losses, costs,
damages, VHDA's expenses, and liabilities of any nature directly or indirectly resulting from, arising out of
or relating to VHDA's acceptance, consideration, approval, or disapproval ofthis reservation request and
the issuance or nonissuance of an allocation of credits, grants and/or loan funds in connection herewith.
that points will be assigned only for representations made herein for which satisfactory documentation is
submitted herewith and that no revised representations may be made in connection with this application
once the deadline for applications has passed.
4. that this application form, provided by VHDA to applicants for tax credits, including all sections herein
relative to basis, credit calculations, and determination of the amount of the credit necessary to make the
development financially feasible, is provided only for the convenience of VHDA in reviewing reservation
requests; that completion hereof in no way guarantees eligibility for the credits or ensures that the amount
of credits applied for has been computed in accordance with IRC requirements; and that any notations
herein describing IRC requirements are offered only as general guides and not as legal authority.
5. that the undersigned is responsible for ensuring that the proposed development will be comprised of
qualified low-income buildings and that it will in all respects satis$ all applicable requirements of federal
tax law and any other requirements imposed upon it by VHDA prior to allocation, should one be issued.
that, for the purposes of reviewing this application, VHDA is entitled to rely upon representations of the
undersigned as to the inclusion ofcosts in eligible basis and as to all ofthe figures and calculations relative
to the determination of qualified basis for the development as a whole and/or each building therein
individually as well as the amounts and types of credit applicable thereof, but that the issuance of a
reservation based on such representation in no way warrants their conectness or compliance with IRC
requirements.
7. that VHDA may request or require changes in the information submitted herewith, may substitute its own
figures which it deems reasonable for any or all figures provided herein by the undersigned and may reserve
credits, if any, in an amount significantly different from the amount requested.
that reservations of credits are not transferable without prior written approval by VHDA at its sole
discretion.
2009 Page27
Low-Income Housing Tax Credit Applieation For Reservation
9. that the requirements for applying for the credits and the terms of any reservation or allocation
thereof are subject to change at any time by federal or state law, federal, state or VHDA
regulations, or other binding authority.
10. that reservations may be made subject to certain conditions to be satisfied prior to allocation
and shall in all cases be contingent upon the receipt of a nonrefundable application fee of
$500 and a nonrefundable reservation fee equal to 7o/o of the annual credit amount reserved.
11. that a true, exact, and complete copy of this application, including all the supporting
documentation enclosed herewith, has been provided to the tax attorney who has provided the
required attorney's opinion accompanying this submission, and
12. that the applicant has provided a complete list of all residential real estate developments in
which the general partner(s) has (have) or had a controlling ownership interest and, in the
case of those projects allocated credits underSection 42of the lRG, compfete information on
the status of compliance with Section 42 and an explanation of any noncompliance. The
applicant hereby authorizes the Housing Credit Agencies of states in which these projects are
located to share compliance information with the Authority.
L3. that the information in this application may be disseminated to others for purposes of
verification or other purposes consistent with the Virginia Freedom of lnformation Act.
However, all information will be maintained, used or disseminated in accordance with the
Government Data Collecticn and Dissernination Practices Act. The applicant may ¡'efuse to
supply the information requested, however, such refusal will result in VHDA's inability to
process the apptication. The original or copy of this application may be retained by VHDA,
even if tax credits are not allocated to the applicant.
In Wiûress Whereof, the undersigned being authorized, has caused this document to be executed in its
2009 Page28
2OO9 LIHTC SELF SCORE SHEET:
worksheet is intended to provide you with an est¡mate of your applicat¡on score based on the selection criteria described in
. Most of the data used in the scoring process is automatically entered below as you f¡ll in the application. Other
below in the green shaded cells, are items that are typically evaluated by VHDA's staff during the application review
analysis. For purposes of self scor¡ng, it will be necessary for you to make certain dec¡sions and assumptions about
and enter the appropriate responses in the green shaded cells of this score sheet. All but two requ¡re yes/no
which case enter Y or N as appropriate. ltem 2b pertaining to the Local CEO Lefferwill require one of the following responses:
the letter ¡ndicates unconditional support; N - the letter indicates opposition to the project; NC - no comment from the local¡ty,
other response which is neither unconditional support nor opposition. ltem 5e1 requires a numeric value to be entered.
that the score ¡s only an est¡mate based on the selection criteria using the reservation application data and
you've entered on this score sheet. VHDA reserves the right to change application data and/or score sheet
appropriate, which may change the flnal score.
0 or
0 or
0
-50
5
orí0
50
0 or 25 or
30
0.00
50.00
30.00
0.00
10.00
f. Subsidized funding commitments 7.70% Up to 40 15.39
g. Exist¡ng RD, HUD Section I or 236 program N 0 or 20 0.00
h. Tax abatement or new project based rental subsidy (HUD or RD) 0 or 10 10.00
i. Census tract wilh <10o/o poverty rate, no tax credit units N Oot25 0.00
j. Development listed on the Rural Development Rehab Priority List N 0 or 15 0.00
Total -i.ìffi'
3. DEVELOPMENT CHARACTERISTICS:
a- Un¡t size (See calculat¡ons below)
- Up to 100 100.00
b. Amenities (See calculat¡ons below) Up to 60 44.92
c. Project subsidies/HUD 504 accessibility for 5 or 10% of units 0or50 50.00
or d. HCV payment standard/HuD 504 accessib¡lity for 5 or 10% of units N 0or30 0.00
or e. HUD 504 accessibility for 4% of units N 0or15 0.00
f. Proximity to public transportation Y10 0,10or20 10.00
g. Development will be Earthcraft or LEED certified 0or30 30.00
h. VHDA Certified Property Management Agent 0or25 25.00
i. Units constructed to meet VHDAS Universal Des¡gn standards 46o/o Up to 15 6.92
j. Developments with less than 100 units Up to 20 20.00
Total 286.85
5. SPONSOR CHARACTERISTICS:
a. Developer exper¡ence - 3 developments with 3 x units or 6 developments with 1 x units 0or50 0.00
or b. Developer experience - I development with I x units 0orl0 10.00
c. Developer experience - uncorrected major violation 0 or -50 0.00
d. Developer experience - noncompliance 0 or -15 0.00
e1. Developer experience - did not build as represented 0or-x 0.00
e2. Developer experience - term¡nation of credits by VHDA 0 or -10 0.00
f. Management company rated unsatisfactory O or -25 0.00
g. LEED accredited design team member 0or10 10.00
Total 20.00
-Un¡ts¡r+Cal€ulatþflÊ+
F AS LVG E.EFF E-{-BÐRM E¿gÐRM
( ç
--High€q=Ft--J€ÐRM
I e ( (
-t#€q#t--J€ÐR[a
( € I {
--P€þ€I€S-F{--J€ÐR$
0€e94 0€0% 0ss9 0$09r
-P€snlag€€f!åit€
0s( o€e o€¡ 0s(
-+eiFl€fer€€Cfoem
1 ST EtÞ EFF 1 ST EtÞ 1 BÞRM 1 ST EtD 2 BDRM lfyou do not rece¡ve a numeric point value
-r+gh€+f'r-lgEìR¡¡ ( ¡nthe unit s¡ze calculat¡ons, please
--têflSq+g-cÐR$ ( ( I check the values entered on p¿ge 8, Cl.
+r€tê€ts+Fl.€ÐRtr4 ( ( I These must be whole number numeric
0-00e1 0so9 qg09 values only. Also check page 7, ¡tem 3,
-F¿âr€ênleg€€fuflits
-+€iFls"€Êg€Cæm o3{ 0.0{ os¡ the number of un¡ts must be e¡ther new,
adapt or rehab only. Comb¡nat¡ons do
not calculate coÍectly.
Amen¡ties:
A+{Jn¡t€-hâve:
e'#eF+€etå{€€#€ 1sqso% 1€€9
¡-eemmuf,iq*eem 530
c. Brick Walls 0.ïQo/o 0.00
@ osg
€=-lÀlind€v'¡ÈEf,€{gy€tâ+ +00
f, HeaUAC SEER AFUE osg
gl'sub.met€{€d-wet€rexp€å€€ 9€S
ffi &0e
909
oJo
+etâl 20=oo
A{-€ld€dy-tinit€+€v*
€-Ff€ßt-€€n{+êt{€ng€€ 0€e
b-Em€fg€n€y€âll€y€{€m e¡o
@ ose
C=-+#e€yevie¡i¡er€ oso
+€lal oJo
@ o€o
b--*l¡€þfre€tru4u{€
+etâl€m€+ì¡{i€€; 30€s
2009
Construction
Assisled Lvg 0.00 sF lBdmEld 0.00 SF 3-Bdm Gd t.377.02 SF
l-Sty-Eff-Eld 0.00 sF 2BdrmEld .]tt 4-Bdm Cã 0.00 SF
r-sty IBR-Eld
--i.õõ'sr
------¡¡o-'sn Eff-Gù
l-Bdmcù
0.00 SF
0.00 SF
2-Bdrm TH
3-Bdrm TH
0.00
0.00
SF
' 2BR-Eld SF
.ld 0.00 sF 2-Bdm cr 4-Bdrm TH 0.00 SF
-liõTãsr
L¡st Totål Units By Bedrmm TlTe: No..: Pl.1ç b !üE toGnt.r lhô trunhr dunili ir th€ Total Sq. Ft. By Type
Assisl€d Lvg om om 0m
l-Sty-Efl-Eld o.m o.æ 0.æ
l-Sty IBR-Eld om om om
2BO RM.GAR AD RM-IH 4 BD RM.TH l-Sty 2BR-Eld 0.m 0.æ 0.æ
6 6 0 0 0 o Etr-EId om
lBdm Eld om o.æ o.æ
Total NC Unitsl 2Bdm Eld 0.m o.æ
0 0 0 TTt--t Eff-Cã
l-Bdm Gr
ôm
o0
om om
2-Bd¡m Gü
3-Bdm Cd om 593ã
4-Bd.m Ct
2-Bdm TH 0.æ 0_æ
3-Bdm TH 0.m 0.æ
4 BO RM,GAR 2BD RM.IH 3 BD RM.TH 4 AD RM.TH 4-Bdm TH 0.æ 0.æ
0 0 0 o 0 0
SilI BR.ELD
5 0 U 0 0
t-õ-l New
AR
Consrnctiod
/ Rch¡b
$1,ffi.711
¡1,€1.S7
51.ffi
€.ffi
r-æ-ã_-_lT-----õ,-----]r--iî¡õ-l ¡2,m.218
l-----o------l
$/sF= l::@ cred¡ts/sF = @const trunit = f-5ì1"5-ãã-l
TYPE OF PROJECT FAMILY = 11000; ELDERLY = 12000 an ERROR message appeaß here check
LOCATION BELT=100; NvM=l l0; NVNM=200; Rlc=300; TID=400; sMA=500; SMA-c=510; of Clerk's Oft¡ce on pg l. lt must
TYPE OF CONSTRUCTION N C=l; ADPT=2;REHAB(25,000+)=3; REHAE(7,500-25,000)=4 w¡th the Jurisd¡ct¡on names
0 0 0 0 0 0 0
0 0 0 0 0 0 o
TER-(COSTS=>25,000) 0 0 0 0 0 0 0
TER-(COSTS<25,ooo) 0 0 0 0 0 0 0
0 0 0 0 0 0
T COST PER UNIT 0 0 0 0 0 0 0
TER-(CREDITS=>25,000) 0 0 U 0 0 0 0
TER-(CREDtTS<25,000) 0 0 0 0 0 0 0
0 0 0 0 0 0 0
CREDIT PER UNIT 0 0 0 0 0 0 0
I ÞK-9 J
;F PER UNIT 0 0 't,108 1,377 0 0 0 0
{UMBER OF UNITS 0 0 6 6 0 0 0 0
0 1 79,340 200,690 0 0 0 0
'ARAMETER-(COSTS=>25,000)
)ARAMETER-(COSTS<25,000) 0 0 0 0 0 0 0 0
0 0 16,887 18,897 0 0 0 0
'ARAMETER-(CRÊDITS=>25,000)
)ARAMETER-(CREDITS<25,OOO) 0 0 0 0 0 0 0 0
;OST PER UNIT POINTS o-00 0.00 0.76 0.00 0.00 0.00 0.00 0.00
rÞFNIl ÞIÞ I INIT ÞôINTC 0.00 0.00 2.42 -7.23 oo0
StandardcostParameter-lowr¡se 0
lffi 0 0 0 0 0 0
Parameter Adjustment - mid r¡se 0000000
Parameter Adjustment - high rise 0000000
Adjusted Cost Parameter
StandardcreditParameter-lowrise
l-ffi 0 0 0 0 0 0 0
Parameter Adjustment - m¡d rise 0 0 0 0 0
Parameter Adjustment - h¡gh rise 0 0 0 0 0
Adjusted Credit Parameter
ìF PER UNIT 0 0 0 0 0 0 0
,¡UMBER OF UNITS 0 0 0 0 -rts¡eo
0 0 0
)ARAMETER-(COSTS=>25,000) 0 0 0 0 0 0 0
)ARAMETER-(COSTS<25,OOO) 0 0 0 0 0 0 0
FAMI
EFF-U I Z ÞK.Iñ JÞK.IT
ìF PER UNIT 0 0 0 0 0 0 0 0
.IUMBER OF UNITS 0 0 0 0 0 0 0 0
,ARAMETER-(COSTS=>25,000) 0 0 0 0 o 0 0 0
,ARAMETER-(COSTS<25,000) 0 0 0 o 0 0 0 0
)OST PARAMETER #Dtv/o! #Dtv/o! #Dtv/0! #Dtv/o! #Dtv/o1 #Dtv/o1 #Dtv/o1 #Dtv/o!
#Dtv/o! #Dtv/o! #Dtv/0! #Dtv/0! #Dtv/o1 #Dtv/o1 #D¡V/OI #Dtv/o!
'ROJECT COST PER UNIT
)OST PER UNIT POINTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
:REDIT PER UNIT POINTS nnn 0.00 0.00 0.00 0.00 000 nnñ
Standard Cost Parameter - low rise #D¡V/O! #D|V/O! #D|V/O! #DlviOl #D|V/O! #D|V/O! #DlV/01
ParameterAdjustment - mid rise
Pârameter Adjustment - h¡gh rise
Ad¡usted Co3t Parameter
Standardcred¡tParametôr.lowrisem#DlV/0!#DlV/0!#DlV/0!#DlV/0!#DlV/0!#DlV/0!
Parametêr Adjustment - m¡d risê 00000000
Parâmeter AdjusÍnent - high rise 00000000
Ad¡usted cred¡t Pammeter
'-
$/SF = I 3163.751 credits/sF = l-5îFlconst $run¡t = f-5100-iõs-l
here check
TYPE OF PROJECT FAMILY = 11000; ELDERLY = 12000 l-ìioo-r'lrr "n ERRoR message appoåß
LOCATION BELT=100; NVM=110; NVNM=200; RIC=300; TID=400; SMA=500; SMA-C=s10; RU í 600 lspell¡ng of Clerk's Office on pg l. lt must
TYPE OF CONSTRUCTION N c=l ; ADPT=2;REHAB(25,000+)=!; REHAB(7,500-25,000)=4 I s lmatch exactlv w¡th the Jurisd¡ct¡on names
¡n the Aoorcat¡on Manual.
ELDERLY
Aù LVU ETT.E I I ÞK-E-t Ð I ¿Þr-E-rÐr
]F PER UNIT 0 0 0 0 0 0 0
{UMBER OF UNITS 0 0 0 0 -l¡sted
0 0 0
)ARAMETER-(COSTS=>25,000) 0 0 0 0 0 0 0
,ARAMETER-(COSTS<25, 000) 0 0 0 0 0 0 0
]OST PARAMETER 0 0 0 0 0 0 0
)ROJECT COST PER UNIT 0 0 0 0 0 0 0
ITS=>25,000) 0 0 0 0 0 0 0
'ARAMETER-(CRED
)ARAMETER-(CRED ITS<25,OOO) 0 0 0 0 0 0 0
]REDIT PARAMETER 0 0 u 0 0 0 0
)ROJECT CREDIT PER UNIT 0 0 0 o 0 0 0
;OST PER UNIT POINTS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
:REDIT PER UNIT POINTS 0.00 0.00 0.00 0.00 000 nnñ
FAMILY
Z ÞK-9 +ÞK-tñ
ìF PER UNIT 0 757 981 í147 0 0 0 0
\¡UMBER OF UNIÍS 0 4 5 5 0 0 0 0
;OST PER UNIT POINTS 0.00 r.05 1.34 0.46 0.00 0.00 0.00 0.00
:REDIT PER UNIT POINTS 0.00 -1.63 -1 97 ÁtÈ 0.00 0.00 0.00 oo0
(Prorated)
Amenit¡es:
Number of 2-Bedroom New Constr. Units With 1.5+ Bathrooms
Number of 3-Bedroom New Constr. Units With 2+ Bathrooms
1 ST ELD-EFF 1 ST ELD.1
Hish Sq.Ft. / BDRM 0
Low Sq.Ft. / BDRM 000
Project Sq.Ft. / BDRM 0.00 0.00 0.00
Percentage of Units #Dtv/0! #Dtv/o! #Dtv/0t
Points per Bedroom 0 0
l--'õ-l (Prorated)
Ê 'ities:
Number of 2-Bedroom Adaptive Reuse Units With 1.5+ Bathrooms
Number of 3-Bedroom Adapt¡ve Reuse Units With 2+ Bathrooms
l¡e"B-4-îE¡gl(Prorated)
'ties:
Number of 2-Bedroom Rehab Units With 1.5+ Bathrooms
Number of 3-Bedroom Rehab Units With 2+ Bathrooms
l. Generol lnslrucfions
. ThisCertificotion must be included with the Applicotion (by Applicotion Deodline.
5/15/oe).
. Any chonge in this form moy result in o reduction of points under the scoring system. lf
you hove ony questions, pleose coll Jim Chondler ot VHDA (804) 343-5786.
X Attoch o mop showing census troct boundories ond the development's locoiionl
4. [egol Descriplion
X Attoch o copy of the development's legol description; Ihe legol description should
correspond to the site conlrol documenl in the Applicotion.
SBA HUBZone Locator http://map.sba.gov/hubzone/hzqry.asp
35409 Mill Run Lane, Belle Haven V^r 23306 is located in Census Tract " 51001990800 " which IS HUBZone
qualified. This census tract will remain eligible for HUBZone participation at least until June l,20ll.
The map below sholvs the relationship of this address (marked with a star) to qualified HUBZone areas. Belolv the map,
you may find information on why the address lvas found to be in a HUBZone Area.
Hovi to navigate?
Now click on the map to zoom in d:í'
HUBZone
Status
+, Zoorrr lrr
Zoorn Out
Recenler
User can define zoom in/out
or move display area by
clicking on the map with
the mouse after selecting a
tool above.
Ë.!r!!t!f!
g
All that certain tract or parcel of land situaæ near Shield's Bridge, in the Town of Belte Haven,
Pungoteague Magisterial Disfrict, Accomack County, Virgini4 contaíning in the aggregate, L4 acres, as
shown on a cerf¿in plat of survey entitled, "Various Parcels of Land Surveyed at the Request Of the
Accomack-Northampton Housing Authority. Located near Shield's Bridge, Town of Belle Haven,
Pungoteague Dishict, Accomack County, Virgini4" dated November 21, 1995, revised on February 27,
1996, and made by Shore Engineering Co., fnc., to which plat express reference is made for a more
particular description of the properly herein conveyed. Said taot or parcel of land is bounded generally
ontha Northea,sf by the land of John H. Duer, III, and the land of Gilinda Phillippe, as shown on said plat;
onthe South eastby the land of Catherine Dunton Mapp and the land of Paul F. Garner, as shown on said
plat; on the Southw,esf by State Route 178 and various lot properties, as shown on said plat; and on the
Norlhwest by the land of John H. Duer, IIf, as shown on said plat.
And Being all of the same property conveyed to Accomack-Northampton Regional Housing
Authority by Deed of Gift from Accomack-Northampton Housing and Redevelopment Authorþ, dated
March l, 1996 a¡rd recorded in the Office of the Clerk of Court of Accomack County on March 28ù,
1996, as Inst¡ument Number 960001268, Deed BookTL2,Page lL3.
Mill RunApartrnents,
LLC
Accomack-Northharnpton Regional
Mill Run Development Corporation Housing Authority
Managing Member Elaine Meil
Executive Director
Accomack-Northhampton Regional
HousingAuthorþ
Elaine Meil
Executive Director
TAB 4.2
(Revitalization Area Certifi cation)
TÛ1ryN OF tsET,LE TTAVEN
REVITALIZATION AREA CERÏI FI CATION
April24,2009
Jim Chsndler
Vkginio Housing Development Authority
ó01 Soulh Belvidere Skeet
Richmond, Virginic 23220
I under¡tand thqt this Çertification wilÌ be used by the Virginio Housing Þevelopment
Aufhority to determine whether the devetopment quolifies for points ovoitoble under
VHDA's Quolified Allocstion Plan"
Location Map
FFIEC Geocoding System http://maps.ffi ec.gov/FFIECMapperÆGMapSrv.aspx?street_add...
{qqûtrEt.rttO
Legend
Highway
- TraËt
- SlrËet
-
Notri Cli.k lbe r¡¡p -- RHetr(er ¡\lûp
lofl 5ll3l0910:144M
Surveyor' s Certification of Proximity
To Public Transportation
Apnl29,2ûA9
Attached please ñnd the signed VHDA Surveyor's Certification of Proximity to Transportation
letter for the Mill Run Development project. Should you have questions, please contact me at
your convenience. Thank you.
Very truly
MASSEY DESI
CElWdms
Attachments
(This Letter muet be Submitted Under Suweyor's Corporate Letterhead - Any change in this
form may rcsult in a reduction of poinb under the scoring system.f
Gentlemen:
ThÍs letter is submitted to you in support of the Ourner's þplication for Reseryation of l-ow
lncome Housing Tax Credits under Section ,42 of the lntemal Revenue Code of 1986, as amended.
Based upon due investigation of the site and any other matters as it deemed necessary this firm
ce¡tifies that: the main street boundary entrance to the property is within:
tr 2,æA feet or Yz mile of the nearest access point to an existing commuter rail, light rail
'or subway station; or
e 1,320 feet or % mile of the nearest eccess point to an existing public bus stop.
Latitude Longitude
Main Street Boundarv Entrance to Prooertv 75.8228 W 37.5547 N
Transoortation Access 75.8256 W 37.5542 N
Title
Tab B
P artnership or Operating
Agreement
OPERATING AGREEMENT
OF
RECITALS:
The undersigned parties have caused the Company to be organized, as a limited liability
company under the laws of the Commonwealth of Virginia effective as of the date hereof and
they wish to enter into this Operating Agreement to set forth the terms and conditions on which
the management, business and financial affairs of the Company shall be conducted.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises,
covenants and conditions herein contained, the receþ a¡rd sufüciency of v¡hich are hereby
acknowledged, the parties do hereby covenant and agree as follows:
ARTICLE I
PURPOSES ANp q9\\ipRs OF CpMPA\rv
(a) Acquire, develop, own, manage, operate, bu¡ sell, exchange, finance,
refinance, and otherwise deal with real esúate and personal property incidental to real estate, as
the Members may from time to time deem to be in the-beit interests of the Compan¡ in
particular, to acquire certain real estate in Accomack County, rehabilitate the existing buildings
thereon, construct six new duplexes and operate thereon an affordable housing project to be
known as Mill Run (the "Projecf'); and
(b) Engage in such other activities as are related or incidental to the foregoing
ptqposes, or othenvise reasonably necessary to accomplish the purposes of the Company and to
do all such other acts or things except as may be specifically prohibited by this Agreement or
state or federal law.
1.2 Powers. The Company shall have all powers and rights of a limited liability
company organized under the Virginia Limited Liability Company Act (Virginia Code Sections
13.1-1000, et seq.) (hereinafter,. the
*Act), to tLe extent such powers and rights are not
proscribed by these Articles.
ARTICLE TI
NAMES A1TID ADDRESSES OF IMTIAL MEMBERS: PRII{CIFAI, OTTTCE
2.1 Names and Addresses of Initial Members. The names and addresses of the initial
Members are as follows:
2.2 PrinciÞal Office. The address ofthe initial principat office is23372 Front Stree!
Accomack, VA 23301, provided that the business of the Company may be conducted at such
other places as may be detemrined by the Managing Member,
ARTICLE IU
CONTRIBTITED CAPITAL AI\D CAPITAL ACCOTJNTS
3.1 Úritial Capital Contributions. Each Member, upon the execution of this Operating
Agreement, shall make as an initial Capital Contibution the amount shown on Exhibit A. which
is attached hereto and by this reference is made a part hereof.
3.3 Interest and Retum of Capltal Contribution. No Member shall receive any interest
on his Capital Contribution. Except as otherwise specificaily provided for herein, the Members
shall not be allowed to withdraw or have refunded any Capital Contribution.
ARTICLE TV
ALLOCATIONS OF PROFITS A}ID LOSSES
4.L Participation in Profits and Losses. All profits and losses of the Company will be
allocated to the Members in accordance with their respective interests.
ARTICLE V
DISTRIBUTIONS OF CASH FLOW
5.1 Distributions of Cash Flow. All cash flow of the Company shall be distributed to
the Members at such times as the Members may jointly determine.
ARTICLE VI
MANAGEMENT
6.1 Pg,Wers of Manager. Except as expressly provided otherwise in the Act, the
Articles or this Operating Agreemen! the powers of the Company shatl be exercised by or under
the authority of and tle business and affairs of the Company shall be managed by the Managing
Member. The Managlng Member shall have complete charge of all affairs and business and
management and contol of the Company. The Managing Member shall have all the rights and
powers as are conferred by law or as it deems necessary, advisable or convenient in manging the
business and affairs ofthe Company.
6.2 Business Relationships with Company. The ComFany may enter into any conhac!
agreement, lease or other arrangement for the furnishing to or by the Company of real estate,
goods, services or sp¿rce with any Member or any party or entity rvhich is related to or afñliated
with any Member or which is directly or indirectly owned or controlled by the Members or by a
party or entity related to or affiliate with the Members.
6.4 Indgmnification. The Company shall indemniff and hold harrnless any Member and
any parbrer, shareholder, direetor, officer, managemen! agenL affrtiate and professional or other
advisor of the Members (collectiveþ the *Indemnified Persons') from and againsl any and all
loss, damage, expense (including without limitation, fees and expenses of attomeys and other
advisors and any court costs incurred by any lnderrnified Person) or liabilþ by reason of
anything any Indemnified Person does or refrains from doing for, or in connection with the
business or affairs of the Company (INCLUDING ANIY LOSS, DAMAGE, Ð(PENSE OR
LIABILITY CAUSED BY OR ATTRIBIJTABLE TO THE ORDINARY OR SIMPLE
NEGLIGENCE, AS OPPOSED TO GROSS NEGLIGENCE, OF TIIE INDEMNIFIED
PERSON), except to the extent that the loss, damage, expense or liability results primarily form
the Indemnified Person's gross negligence or willfi¡l breach of a material provision of this
Agreement which in either event causes achtal, material damage to the Company. The foregoing
rights of indemnification shall not be exclusive of any other rights to which the Member may be
entitled. The Manager may take such action as is necessary to carry out these indemnification
provisions and may adopt, approve and amend from time to time such resolutions or contacts
implementing such provisions or such fi.¡rther indemnification arrangements ¿¡s may be pemritûed
bylaw.
ARTICLE VN
DrssoLUTrQN ANp TERLTNATION
7.1 Events of Dissolution. The Company shall be dissolved upon the first to occur of
the following:
(a) Any event that under the Act or the Articles requires dissolution of the
Compan¡ provided that the resignation, retiremenÇ expulsion, bankruptc¡ or dissolution of a
member or occrurence of any other event that terminates the continued membership of a member
in the Company shall not cause the dissolution of the Company;
(b) The unanimous written consent of the Members to the dissolution of the
Company;
(d) The occurrence of any other event described in the Act that causes an
involuntary termination of the Company.
7.2 Liquidation. Upon the dissolution ofthe Company, the Members shall wind up its
affairs and dishibute its assets in accordance with the Act. A reasonable time shall be allowed for
the orderly liquidation of the assets of the Conpany and,the discharge of liabilities to the
creditors so as to minimize any losses attendant upon dissolution,
7.3 Distributions. Upon liquidatior¡ the Company assets (including any cash on hand)
shall be sold or distributed in accordance with the Act.
7.5 Non Profit Pruchase Option and Right of First Refusal Agreement. The Company
is expressly authorized to enter into an exclusive Nonprofit Purchase Option and Right of First
Refusal Agreement with Accomack-Northarnpton Regional Housing Authority, which is a
qualified nõnprofit organization under the provisions of Section 42 of the Internal Revenue Code
of 1986, as amended, which Purchase Option shall comply with the requirements of such Section
42.
ARTICLE VItr
IVtrS CELLANE OUS PROVI SIOI.\S
8.1 Notices: Whenever, under the provisions of the Act or other law, the
Articles or this Operating Agreemen! notice is required to be given to any Person, it shail not be
construed to mean exclusively personal notice unless otherwise specifically provided but.such
notice may be given in writing, by mail, addressed to the Company at its princþal office from
time to time and to any other Perso¡ at its address as it appears on the records of the Company
from time to time, with postage thereon prepaid. Any such notice shall be deemed to have been
given at the time ít is depositel in the United States rnail. Notice to a Person may also be given
personally or by telegrarn or telecopy sent to his address as it appears on the records of the
8.2 Application of Virginia Law. This Operating Agreement, and the interpretation
hereof, shall be govemed exclusiveþ by its terms and by th" laws of the Commonwealth of
Vrgrnia, without reference to its choice of law provisions, and specificalþ the Act.
8.4 Construction. Whenever the singular number is used in this Operating Agreement
and when required by the context, the same shall include the plural, and the masculine gender
shall include the feminine and neuter genders,'and vice versa..
8.5 Headings. The headings in this Operating Agreement a¡e inserted for convenience
only and are in no way intended to dóscribe, inlerpre! define or limit the scope, extent or intent
of this Operating Agreement or any provisíon hereof.
8.6 Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict performance of any covenant or condition of tbis Operating Agreement shall not
prevent a subsequent ac! which would have originally constitu;ted a violation, from having the
effect of an original violation.
8.7 Riehts and Remedies Cumulative. The rights and remedies provided by this
Operating Agreement a¡e cumulative and the use of any one right or remedy by uoy party shall
not preclude or waive the right to use any or all other remedies. Such rights and remedies a¡e
given in addition to any other righ-ts the parties may have by law, statute, ordinance or otherwise.
8.8 Severability. .If any provision of this Operating Agreement or the application
thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the
remainder of this Operæing Agreement and the application thereof shall not be affected and shall
be enforceable to the firllesi extent permiued by law.
8.9 Successqrs and Assigns.. E+ch and all of the covenants, temrs, provisions and
agreements herein contained shall be binding upon and im¡re to the benefit of the parties hereto
anq to the extent perrritted by this Operating Agreement, their respective legal representatives,
successors and assigns.
'
8.10 Creditors, None of the provisions of this Operating Agreement shall be for the
benefit of or enforceable by any creditor of the Company.
8.12 Entire Agreement. This Operating Agreement sets forth all of the promises,
agreements, conditions and understandings between the'parties respecting the subject matter
hereof and supersedes all prior negotiations, conversations, discussions, correspondence,
memoranda and agreements between the parties concerning such subject matter.
The undersþed, being all the Members of the Compan¡ n"r"tv ugr"e, acknowledæ and
certify that the foregoing Operating Agreement constitutss the sole and entire Operating
Agreement of the Compan¡ unanimously adopted by,the Members of the Company as of the
date first written above.
a Virginia co¡poration .
', ..: . ..
ACCOMACKI{ORTHAMPTON REGIONAL
HOUSING AUTHORITY; a political subdivision
Ofthe Commonwealth of Virginia
By:
Its:
COMPAII"Y: :
Bvj
Its:
ÐilIIBIT Á,
Meqber
MILL RI.JN DEVELOPMENT
CORPORATION
ACCOMACK.
10.007o
NORTÏIAMPTON
REGIONAL HOUSb{G
AUTIIORITY
$r00.00
... : .
ry
Tab C
Dear Customer:
This is your receipt for $100.00 to cover the fee(s) for filing articles of organization for a limited
liability company with this office.
This is also your receipt for $100.00 to cover the fee(s) for expedited service(s).
Thank you for contacting our office. lf you have any questions, please call (804) 371-9733 or
toll-free in Virginia, (866) 7 22-2551 .
Sincerely,
Joel H. Peck
Clerk of the Commission
RECEIPTLC
LLNCD
cts0368
Tyl6r Build¡ng, 1300 East Main Street, Richmond, VA 23219-3630
Clerk's Offlce (804) 371.9733 or (866) 722-2551 (totl-ftee in Vlrglnia) wwwscc.virginia.govlcfk
Telecommunicatlons Device for the DEaf-TDD/Voice: (804) 371-9206
qff
wøs tñis lq issue[ ønf ø[rnittef to recorl in tfüs ffice anl tñøt
tfie søi[ fímite[ [ía6i[íty compøn] is øutfrorizel to trønsøct its
íusiness suíject to øff 'lirginiø føws øppfica\fe to tfie compøry
øn[its íusiness, Effectiae løte: fuLarcfr 5, 2009
,4ttest:
cls0368
Tab I)
INSTRUCTIONS:
ì certificotion musl be signed by on individuol who is, or is ouihorized to oct on beholf of the Confrolling Generol Porlner (if
This
LP)or Monoging Member (if LLC) of the Applicont, os designofed in lhe Applicolion. VHDA will occept on outhorizotion
documenl, which gives signofory oufhorizofion lo sign on beholf of lhe principols.
2 Alloch o resume for eoch principol of the generol porlnership (GP) or limited liobilify compony (LLC) ond on orgonizotion
chorl for the limited portnership (LP) ond LLC.
3 A Schedule A is required for eoch principol of the GP.
4 For eoch property lisled os "non-complionce found," pleose oltoch o deloiled explonoiion of the noiure of the non-
complionce, stoting whelher or nol i1 hqs been resolved.
5 The dote of this cerlificotion must be no more thon 30 doys prior to submission of the Applicotion.
Foilure lo disclose informolion oboul properties which hove been found to be oul of compìionce or ony molerioì mis-
represenlotions ore grounds for rejeclion of on opplicolion ond prohibilion ogoinsl fulure opplicolions.
DEFINITIONS:
For lhe purpose of This Ceriificotion, the following definitions sholl opply:
Development sholl meon the proposed multifomily rentol housing developmenl identilied obove.
Porliciponis shqll meon the principols who will porficipote in lhe ownership of the development.
Principol sholl meon ony person (including ony individuol, joinl venture, porlnership, limiled liobility compony, corporolion, nonprofil
orgonizotion, lrusl, or ony other public or privofe entity) thot (i) wiÌh respecl to the proposed developmenl, will own or poriicipote in
the ownership of the proposed development or (ii) wilh respecl lo on exisiing multifomily rentol project, hos owned or porlicipoted
in the ownership of such projecf, oll os more fully described hereinbelow. The person who is the owner of the proposed
development or multifomily rentol project is considered o principol. ln determining whether ony other person is o principol, the
following guidelines sholl govern:
ì. In the cose of o porinership which is o principol (whether os lhe owner or otherwise), oll generol portners ore olso considered
principols, regordless of the percenloge inleresl of ihe generol porïner;
2. ln the cose of o public or privole corporotion or orgonizotion or governmenlol entity lhol is o principol (whef her os the owner
or otherwise), principols olso include fhe president, vice president, secrelory, ond treosurer ond olher officers who ore directly
responsible lo the boord of direclors or ony equivolent governing body, os well os oll directors or other members of the
governing body ond ony stockholder hoving o 25% or more interesi;
3. ln the cose of o limited liobility compony (LLC) thof is o principol (whether os the owner or of herwise), oll members ore olso
considered principols, regordless of the percenloge inierest of the member;
4. ln f he cose of o lrust thot is o principol (whef her os the owner or otherwise), oll persons hoving o 25% or more beneficiol
ownership interesl in the ossels of such trust;
5. ln lhe cose of ony other person thot is o principol (whether os the owner or otherwise), oll persons.hoving o 25% or more
ownership interest in such other person ore olso considered principols; ond
6. Any person thot directly or indireclly controls, or hos the power to control, o principol sholl olso be considered o principol.
CERT¡FICATIONS:
I hereby certify thot oll the stolements mode by me ore true, complete ond conect to the best of my knowledge ond
belief ond ore mode in good foith, including the doto contoined in Schedule A ond ony slotements ottoched to this
certificolion.
l. I further cerlify thol for lhe period beginning l0 yeors prior to the dote of this Cerlificotion:
o. During ony time thof ony of lhe porticiponls were principols in ony mullifomily rentol project, no project hos been
foreclosed upon, no mortgoge hos been in defoult, ossigned to the mortgoge insurer (governmentol or privote), nor
hos mortgoge relief by the mortgogee been given;
b. During ony time thol ony of the porticiponts were principols in ony multifomily rentol projecl, lhere hos not been
ony breoch by the owner of ony ogreements reloling to lhe construction or rehobilitotion, use, operotion,
monogement or disposilion of the projecl;
c. To the best of my knowledge, lhere ore no unresolved findings roised os o resull of stofe or federol oudits,
monogement reviews or olher governmentol invesligofions concerning ony multifomily rentol project in which ony
of the porticiponts were principols;
d. During ony lime lhol ony of the porÏiciponts were principols in ony multifomily renlol project, fhere hos not been o
suspension or terminotion of poyments under ony stote or federol ossislonce conlroct for lhe project;
e. None of the porticiponls hos been convicted of o felony ond is nol presently, lo my knowledge, the subject of o
comploint or indictment chorging o felony. A felony is defined os ony offense punishoble by imprisonment for o
term exceeding one yeor. but does nol include ony offense clossified os o misdemeonor under the lows of o stote
ond punishoble by imprisonmenl of two yeors or less;
f. None of the porticiponts hos been suspended, deboned or otherwise reslricted by ony federol or stole
governmentol entity from doing business with such governmenlol enlily; ond
g. None of the porticiponts hos defoulted on on obligolion covered by o surety or performonce bond ond hos not
been the subjecl of o cloim under on employee fidelity bond.
2. further certify fhot none of the porticiponts is o Virginio Housing Developmeni Authority (VHDA) employee or o
I
member of the immediote household of ony of its employees.
3. I further certify thot none of the porticiponls is porticipoting in the ownership of o mullifomily rentol housing project
os of this dole on which construction hos stopped for o period in excess of 20 doys or (in the cose of o multifomily
rentql housing project ossisted by ony federol or sfote governmentol entiiy) which hos been subsfontiolly
compleled for more thon 90 doys but for which requisite documenls for closing. such os lhe finol cost certificotion,
hove nol been filed with such governmenlol entity.
4. I further certify thot none of the porticiponts hos been found by ony federol or stole governmentol enlity or court to
be in noncomplionce with ony opplicoble civil rights, equol employment opportunity or foir housing lows or
regulofions.
5. I further certify lhot none of the porticiponls wos o principol in ony multifomily rentol project which hos been found
by ony federol or slote governmentol entity or court to hove foiled lo comply wifh Section 42 ot the lnternol
Revenue Code of 198ó, os omended. during the period of time in which the porticiponl wos o principol in such
6. Stolements obove (if ony) lo which I connol certify hove been deleled by striking through lhe words. ln the cose
of ony such delelion, I hove ottoched o true ond occurote stolement fo exploin fhe relevont focls ond
circumstonces.
WARNING: lF THIS CERTIFICATION CONTAINS ANY MISREPRESENTATION OF A MATERIAL FACT, THE AUIHORITY MAY REJECT
THE APPLICATION FOR LOW-INCOME HOUSING TAX CREDITS AND MAY PROHIBIT THE SUBMISSION BY THE APPLICANT OF
APPLICATIONS FOR SUCH CREDITS IN THE FUTURE.
Controlling Non-
Generol Totol Low complionce
Nome of Ownership Entity ond Portner? Totol Dev lncome Ploced in 8ó09(s) lssue Found? Y/N
Develoomeni Nome/Locotion Phone Number f Y/Nì UniÌs Unils Service Dote Dole fFxnloin Yeql
I
2
3
4
6
7
I
9
10
'ì
I
12
14
1Ã
ló
17
l8
l9
20
lt
22
l5
24
25
26
27
zó
29
30
3l
32
??
34
35
JÓ
37
Dote (musl be no more thon 30 doys prior to submission of fhe Applicotion)
Schedule A: list of All Tox Ctedil Developmenls for Eoch Principol lo lhis Cerlificotion
CompleTe the following, using seporote poge(s) os needed, for eoch principol. LisT oll developmenTs lho.l hove received
ollocotions of tox credils under Seclion 42 of the lRC.
Accomock-Northompton Reqionol Housinq Aulhority - Eloine Meil Controlling G. P. of Proposed Projecl? N
Principol's Nome: YorN
Controlling Non-
Generoì Totol Low complionce
Nome of Ownership Enlity ond Porlner? Toïol Dev Income Ploced in 8ó09{s) lssue Found? Y/N
Developmenl Nome/Locolion Phone Number f Y/N) llnilc Ilnilc Service Dote Dote {Exoloin Yes)
Accomock Monor- Porksley, Accomock Monol LLC N 90 90 5/B/07
Virainio 281 -363-4?1 0 6/13/O7 N
Ononcock Squore Ononcocl Ononcock Squore LP Y 40 40 5/t9 /06
VA 757 787 2800 7 /30/07 N
Crispus Attucks Aportmenis Y 22 22
Exmore VA îrisous Altucks. II C-757 7A7 2AO( Pendino Pendincr \
4
5
6
7
I
9
l0
l1
12
l2
14
t5
16
17
r8
l9
20
t1
22
l5
24
IJ
26
27
28
29
30
2l
32
33
34
Mill RunApartments,
LLC
Accomack-Northhampton Regional
Mill Run Development Corporation Housing Authority
Managing Member Elaine Meil
Executive Director
Accomack-Northhampton Regional
HousingAuthorþ
Elaine Meil
Executive Director
As Executive Director, Elaine K. N. Meil provides executive guidance and strategic
vision for the Authority. She oversees a staff of fifteen professionals and annually
manages $7 million in construction and client services funds from federal, state and local
sources as well as a $1.2 million dollar operating budget. She has extensive experience in
coordinating and complying with regulations of numerous state and federal agencies
including the U.S. Department of Housing and Urban Development, the Virginia Housing
and Development Authority and the Virginia Department of Housing and Community
Development. She holds a Bachelor's of Geology - Geophysics from Virginia Tech and a
Master's in Regional and Urban Planning from Virginia Commonwealth University.
oOversees an annual affordable housing construction program that over the last ten years
has averaged 46 new units per year, the majority being single-family owner occupied
housing.
oManages over $3.5 million in 119 individual affordable housing mortgage assets.
Eligibllity Guidelines
Housing Development
Crispus Attucks (ln development)
Virginia Street
Mill Run Apartments
Sunnyside Village
0nancock Square Aparlments
NonprofÏt Q uesfionnaire
Not Applicable
Tab F
Architect' s CertifTcation
Afotubte HMiry &øß He'
NOTE: lf the development includes any combination of New Construction, Rehabilitation and
Adaptive Reuse, then separate Architect Certifications must be provided for each construction type.
The proper completion of this certification is critical to calculate the average unit square
feet and net rentable square feet of each unit type, to document amenity items for which points
will be awarded, and to calculate certain elements of the efficient use of resources points.
lf this certification is not completed correctly there may be loss of points or disqualification of the
application to compete for tax credits. lf this development receives an allocation of tax credits and
¡tems are not provided as indicated on this certification then VHDA mav. at its sole oÞtion. reguire
the pavment bv the Owner of an amount up to l0% of the Total Development Cost (as set forth in
cred¡ts mav result. Therefore, it is imperative that this certification reflect the true and accurate intent
of what will be provided in return for an allocation of tax credits.
Each section of this certification contains instructions on how the information should be provided'
For Unit Size Calculations, the Average lJnit Square Feet and Net Rentable Square Feef should be listed
to two (2) decimal places. The number of units indicated should be only the units for which rent will be
collected. For Average tJnit Square Feet calculations, the Total Square Feet should equal the Average
Unit Square Feet multiplied by the Number of Units/Type. The total at the bottom of the Total Square
Feet column should equal item (D) on the same page of the certificatlon, or be within 1 digit due to
rounding. The total at the bottom of the Number of Units/Type column should equal the number of units
in the tax credit aPPlication.
Accessibility certifications on page B are for tax credit point categories only and are not to be
confused with minimum code requirements.
The architect signing this document is certifying that all unit and site amenities indicated in this
certification are incorporated into the development plans and specifications and unit-by-unit work
write-up, and that all products necessary to fulfill these representations are available for these purposes.
The individualwho certifies this information must initialthe pages where indicated, provide
the personal information requested and sign on the last page. This certification should not be
mailed separately to VHDA but returned to the developer for inclusion in the tax credit application.
The above-referenced Owner has asked our office to provide this certification regarding (i)
plans and specifications, (ii) the development square footages, average unit square footages and net rental square
footages, (iii) the amenities the development will have upon completion, and (iv) federal and state requirements
pertaining to development accessibility for persons with disabilities. This certification is rendered solely for the
confirmation of these items. It is understood it will be used by the Virginia Housing Development Authority solely
for the purpose of determining whether the Development qualifies for points available under VHDA's Qualified
Allocation Plan for housing tax credits and future consequences for failure to provide items certified below.
Required documentation for all properties (new construction, rehabilitation and adaptive reuse)
I A location map with property clearly defined.
2 Sketch plan of the site showing overall dimensions of main building(s), major site elements
(e.g., parking lots and location of existing utilities, and water, sewer, electric,
gas in the streets adjacent to the site). Contour lines and elevations are not required.
3 Sketch plans of main building(s) reflecting overall dimensions of:
a. Typical floor plan(s) showing apartment types and placement
b. Ground floor plan(s) showing common areas;
c. Sketch floor plan(s) of typical dwelling unit(s);
d. Typical wall section(s) showing footing, foundation, wall and floor structure.
Notes must indicate basic materials in structure, floor and exterior fìnish.
Initials
4O7 JANA
NoRFo¿K, V4r23502
PHoNE ¡ (757) 466-AaA I
FAX. (757) 455-6073
wDEAL@PENTEcoSTÞEAL.CO M
WWW. PENTECOSTD EAL.CO M
ARCHITECT'S CERTIFICATION, continued
1. Average Unit Square Feet: (These measurements impact the scoring of tax credit applications)
Forpurposes of determiningthe usable residential heated square feet, the building(s) were measured from the
outside face of exterior walls and the centerline of any parry walls. All unheated spaces and stairwells
which are no more than heated breezeways and nonresidential, income producing commercial spaces were
subtracted from this measurement. Community rooms, laundry rooms, properfy management offices and
apartments, heated maintenance facilities, and other common space designed to serve residential tenants were
not deducted. Based on this procedure, I certifl the following calculations in determining the usable heated
square feet for the above referenced development:
16,669.46 (A) Total floor area in (sq. ft.) for the entire development
2,800.60 (B) Unheated floor area (breezeways, balconies, storage)
0.00 (C) Nonresidential, commercial (income producing) area
13,868.86 (D) Total usable residential heated area (sq. ft.) for the development
Total: t2,503.93
ARCHITECT'S CERTIFICATION, continued
Developtnent Amenities:
I ceni$i that the developrnent's plans and specifications, worl< write-up, and proposed budget
incotporate alt items from VHDA's most current Minimum Design and Construction Requirements.
'Ihe Requirements apply to any nerv, adaptive reuse or rehabilitated development
(including those serving elderly and/or physically disabled households).
The Minimum Desigrl & Construction Requirenrents rnay be found on VHDA's website at
www.vhda.com.
100 _ % a.(l) Percentage of 2 bedloom units that will have L5 or mole bathroonrs
100 % a.(2) Percentage of 3 or ntore bedroonr units that will have 2 or nrore bathrooms
g lr. Tl* d.".loprnent will have a conrmunity/meeting roonr with a minimum of 749 square t-eet.
For all developments exclusively serving elderly and/or handicapped fenants, upon completion of
constructiorVrehabilitation: (non-manclatory amen ities)
For all rehabilitation and adaptive reuse developments, upon completion of construction/ rehabilitation:
(non-mandatory)
Building Stmcturc:
Number of Stories
p] Low-Rise (1-5 stories with a¡v structural elements being wood fì'ame construction)
fl Mid-Rise (5-7 stories with no sh'uctural elernents being wood frarne construction)
I High-Rise (8 or rnore stories with no structural elements being wood frame construction)
ARCHITECT' S CERTIFICATION, continued
Accessibility:
I certify that the development plans and specifications meet all requirements of the federal
Americans With Disabilities Act.
I certi$ that the development plans and specifications meet all requirements of HUD regulations
interpreting the accessibility requirements of section 504 of the Rehabilitation Act. Please reference
Uniform Federal Accessibility Standards (UFAS) for more particular information.
E For any non-elderly property in which the greater of5 or 10% ofthe units (i) provide federal project-based
rent subsidies or equivalent assistance in order to ensure occupancy by extremely low-income persons;
(ii) conform to HUD regulations interpreting accessibility requirements of section 504 of the Rehabilitation
Act; and (iii) are actively marketed to people with special needs in accordance with a plan submitted as
part of the Application. (If specialneeds include mobility impairments the units described above must
include roll-in showers and roll under sinks and front controls for ranges). 50 pts.
x For any non-elderly property in which the greater of 5 or 10% of the units (i) have rents within HUD's
Housing Choice Voucher ("HCV") payment standard; (ii) conform to HUD regulations interpreting
accessibility requirements of section 504 of the Rehabilitation Act; and (iii) are actively marketed to
people with mobility impairments, including HCV holders, in accordance with a plan submitted
as part the Application. 30 pts.
n por any non-elderly property in which at least four percent (4%) of the units conform to HUD
regulations interpreting accessibility requirements of section 504 of the Rehabilitation Act and are
actively marketed to people with mobiliry impairments in accordance with a plan submitted as part
of the Application. l5 pts.
As architect ofrecord for the above referenced development, the above certifications are
coffect to the best of my knowledge.
Signed:
Tirle: President
Phone: 754-466-8881
Date: E/t4o7
NOTE TO ARCHITECT: Any change in this form may result in disqualification or a
reduction ofpoints under the scoring system. lfyou have any questions, please call Jim
Chandler at VHDA (804) 343-5786.
Return this certification on Architectos Letterhead to the developer for inclusion in the
tax credit application package.
F
,¡@¿@lgfkr
NOTE: For Elderly Developments, l00o/o of the units in the development must meet the
Universal Design standards in order to qualifu for points.
For the tax credit applicant to qualify for points associated with Universal Design,
the architect of record must on VHDA's list of Universal Design certified architects.
,^,,,rtft'v-¿L
#
¡,ÉiËirriTî'r - Eartnr--_'r¡ft or L[.bD Development Certillcation
For the tax credit applicant to qualify for points associated with this section,
the architect of record must on VHDA's list of LEED or Earthcraft certified
architects, as appropriate.
Signed:
Date: 5/+f
10
AIiFëñtii'r..
2. List below the attributes of the proposed development which would or may qualify for points
*
under the U.S. Green Buitding Council's LEED certification rating system:
(Add space as necessary)
r [Jse20Yo less water than the water use baseline calculated for the building.
r Qptimize energy performance.
r f,nhanced commissioning.
r Minimize light trespass from the building and site.
r þlonitor outdoor air delivery and adjust the space accordingly.
I
¡
I
3. Please attach a copy of the LEED Accredited Professional Certificate to this document.
* This page must include items that would qualify for points under the LEED certification
system. No points will be awarded in this cateqorv if nothins is listed here.
** This individual is not required to be the architect of reçpd signing the Architect Certification. It is
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APPENDIX F
ARCH ITECT'S CERTI FICATION
NOTE: lf the development includes any combination of New Construction, Rehabilitation and
Adaptive Reuse, then separate Architect Certifications must be provided for each construction type.
The proper completion of this certification is critical to calculate the average unit square
feet and net rentable square feet of each unit type, to document amenity items for which points
will be awarded, and to calculate certain elements of the efficient use of resources points.
lf this certification is not completed correctly there may be loss of points or disqualification of the
application to compete for tax credits. lf th¡s development receives an allocation of tax credits and
result. Tf*refore, it rs imperative that this certification reflect the true and accurate intent
"red',tsrna"
of what will be provided in return for an allocation of tax credits.
Each section of this certification contains instructions on how the information should be provided.
For Unit Size Calculations, the Average Unit Square Feef and Net Rentable Square Feef should be
listed
only the units for which rent will be
to two (2) decimal places. The number of units indicated should be
collected. For Average lJnit Square Feef calculations, the Total Square Feet should equalthe Average
Unit Square Feet muttiplied by the Number of Units/Type. The total at the bottom of the Total Square
Feet column should equal item (D) on the same page of the certification, or be within 1 digit due to
rounding. The total at the bottom of the Number of Units/Type column should equal the number of units
in the tax credit aPPlication.
Accessibility certifications on page I are for tax credit point categories only and are not to be
confused with minimum code requirements.
The architect signing this document is certifying that all unit and site amenities indicated in this
certification are incorporated into the development plans and specifications and unit-by-unit work
purposes.
write-up, and that all products necessary to fulfill these representations are available for these
The individualwho certifies this information must initial the pages where indicated, provide
the personal information requested and sign on the last page. This certification should not be
mailed separately to VHDA but returned to the developer for inclusion in the tax credit application.
Printed Nqme:
PE NTECOST DEAL AND ASSOCIATES I NC.
The above-referenced Owner has asked our office to provide this certification regarding (i)
plans and specifications, (ii) the development square footages, average unit square footages and net rental square
footages, (iii) the amenities the development will have upon completion, and (iv) federal and state requirements
pertaining to development accessibility for persons with disabilities. This certification is rendered solely for the
confirmation of these items. It is understood it will be used by the Virginia Housing Development Authority solely
for the purpose of determining whether the Development qualifies for points available under VHDA's Qualified
Allocation Plan for housing tax credits and future consequences for failure to provide items certified below.
Required documentation for all properties (new construction, rehabilitation and adaptive reuse)
1 A location map with property clearly defined.
2 Sketch plan of the site showing overalldimensions of main building(s), major site elements
(e.g., parking lots and location of existing utilities, and water, sewer, electric,
gas in the streets adjacent to the site). Contour lines and elevations are not required.
3 Sketch plans of main building(s) reflecting overall dimensions of:
a. Typical floor plan(s) showing apartment types and placement
b. Ground floor plan(s) showing cornmon areas;
c. Sketch floor plan(s) of typical dwelling unit(s);
d. Typical wall section(s) showing footing, foundation, wall and floor structure.
Notes must indicate basic materials in structure, floor and exterior finish.
Initials
4O7 JANAF
NORFOLK, VA 23502
PHoNE . (757) 466-aaa t
FAx. (757) 455-6078
WDEAL@PENTECOSTÞ EAL.CO M
WWW. PENTECOSTÞ EAL.COM
ARCHITECT'S CERTIFICATION, continued
1. Average Unit Square Feet: (These measurements impact the scoring of tax credit applications)
For purposes of determining the usable residential heated square feet, the building(s) were measured from the
outside face of exterior walls and the centerline of any party walls. AII unheated spaces and stairwells
which are no more than heated breezeways and nonresidential, income producing commercial spaces were
subtracted from this measurement. Community rooms, laundry rooms, properfy management offices and
apartments, heated maintenance facilities, and other common space designed to serve residential tenants were
not deducted. Based on this procedure, I certify the following calculations in determining the usable heated
square feet for the above referenced development:
l7,942.64 (A) Total floor area in (sq. ft.) for the entire development
3,030.00 (B) Unheated floor area (breezeways, balconies, storage)
0.00 (C) Nonresidential, commercial (income producing) area
14,912.64 (D) Total usable residential heated area (sq. ft.) for the development
Total: 13,462.08
lnitia
ARCFIITECT'S CERTIFICATI ON, conrinuecl
Development Anrenitíes:
The Minimum Desigu & Construction Requirements riray lre found <ln VHDA's wcbsite at
www.vhda.com.
100 % a.(1) Percentage of 2 beclroom units that will have 1.5 or urore bathroonts
% a.(2) Percentage of 3 or nrore bedroonr Lrnits that will have 2 or more bath¡oorns
E b. The developrnent will have a contmunity/meeting roonr with a minimum of 749 square feet.
lnitials
ARCI-{ITECT'S CERTIFICATION, conrinued
For all developments exclusively serving elderly and/ol hanclicapped tenantsu upon completion of
construction/rehabilitation: (non-mandatory amen ities)
For all rehabilitation and adaptive reuse developments, upon conrpletion ofconstruction/ relrabilìtation:
(non-mandatory)
tsuilciûng Stnuet¡¡re:
Number of Stories
p] Low-Rise (1-5 stolies with a¡y structural elements being wood frame construction)
f] Mid-Rise (5-7 stories with no sh'uctulal elements being rvood frarne consh'uction)
I IIigh-Rise (8 or rnot'e stories with r]o srructural elements being wood fiame construction)
ARCHITECT'S CERTIFICATION, continued
Accessibility:
I certifu that the development plans and specifications meet all requirements of the federal
Americans With Disabilities Act.
I certifu that the development plans and specifications meet all requirements of HUD regulations
interpreting the accessibility requirements of section 504 of the Rehabilitation Act. Please relerence
Uniform Federal Accessibility Standards (UFAS) for more particular information.
E For any non-elderly property in which the greater of5 or l0% ofthe units (i) provide federal project-based
rent subsidies or equivalent assistance in order to ensure occupancy by extremely low-income persons;
(ii) conform to HUD regulations interpreting accessibility requirements of section 504 of the Rehabilitation
Act; and (iii) are actively marketed to people with special needs in accordance with a plan submitted as
part of the Application. (lf special needs include mobility impairments the units described above must
include roll-in showers and roll under sinks and front controls for ranges). 50 pts.
X For any non-elderly properfy in which the greater of 5 or l0% of the units (i) have rents within HUD's
Housing Choice Voucher ("HCV") payment standard; (ii) conform to HUD regulations interpreting
accessibility requirements of section 504 of the Rehabilitation Act; and (iii) are actively marketed to
people with mobility impairments, including HCV holders, in accordance with a plan submitted
as part the Application. 30 Pts.
! for any non-elderly property in which at least four percent (4%) of the units conform to HUD
regulations interpreting accessibility requirements of section 504 of the Rehabilitation Act and are
actively marketed to people with mobility impairments in accordance with a plan submitted as part
of the Application. l5 pts.
As architect ofrecord for the above referenced development, the above certifications are
coffect to the best of my knowledge.
Signed:
Title: President
Phone: 754-466-8881
Date:
Return this certification on Architectns Letterhead to the developer for inclusion in the
tax credit application Package.
ffi
Appendix F - VHDA's Universal Design Standards Certification
NOTE: For Elderly Developments, 100% of the units in the development must meet the
Universal Design standards in order to qualify for points.
For the tax credit applicant to qualify for points associated with Universal Design,
the architect of record must on VHDA's list ol'Universal Design certifìed architects.
nffiriii'r ffiLEED Development Certillcation
I f,nnU Certification - The development's designmeets the criteria for the U.S.
Green Building Council LEED green building certification. Before issuance of IRS Form
8609, applicant will obtain and provide LEED Certification to VHDA.
For the tax credit applicant to qualify for points associated with this sectiono
the architect of record must on VHDA's list of LEED or Earthcraft certified
architects, as appropriate.
Signed:
M
(same individual as on page 8)
Date:
10
AliÞffifii'r'
l. Please identify the following information of the LEED Accredited Professional:
2. List below the attributes of the proposed development which would or may qualify for points
*
under the U.S. Green Building Council's LEED certifTcation rating system:
(Add space as necessary)
I lJse 20%o less water than the water use baseline calculated for the building.
I Optimize energy performance.
t Enhanced commissioning.
I Minimize light trespass from the building and site.
I Monitor outdoor air delivery and adjust the space accordingly.
I
¡
I
Please attach a copy of the LEED Accredited Professional Certificate to this document.
ll-r4r\''l Ô
ure of LEED Accredited Professional ** Date
* This page must include items that would qualify for points under the LEED certification
system. No points w¡ll be awarded ¡n th¡s catesorv ¡f nothins is listed here.
** This individual is not required to be the architect of reoppd signing the Architect Certification. It is
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GBCI: Greerr Building Certifioation Insiitute Page I of2
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Relocation Plan
Mill Run Apartments, LLC agrees to abide by the VHDA Relocation
Guidelines attached, in the event that resident relocation is necessary
during the construction period.
,@ttqhb.
These guidelines are the Authority's standards for the provision of assistanoe to tenants forced to
relocate because of changes in the use or condition of their rental units regardless of the length of the
remaining lease term.
Any contract for the acquisition of a site with existing residential property may not require an
empty building as a condition of such contract, unless relocation assistance is provided to displaced
households, if any, at such level required by the Authority below.
I. Applicability
The guidelines apply to all developments that will displace existing tenants and must be followed
to qualify for Low Income Housing Tax Credits. These guidelines will be incorporated by reference in
and enforced by the Contract to Enforce Representations Regarding Low-Income Housing Tax Credit
Development if the development qualifies for a reservation of credits.
The guidelines apply to all multi-family buildings when tenant moves are required for reasons
sueh as rehabilitation, demolition, and sale by contract specifying an empty building. They apply to
rented single-family houses when tenancies are teminated because of planned demolition.
II. Summary
l) Relocation payments
2) Relocation assistance
3) I}}-day vacate notice
4) Full communication of plans
Owners must provide relocation payments to all households receiving notice to vacate the
development and not retum to the existing development. See item V. for Temporary Relocation. The
payments are designed to help cover moving expenses and the additional costs of relocation. Relocation
payments for unfurnished dwelling units should be in accordance with the current moving expense
schedule for Virginia under the Uniform Relocation Act. The payments ourrently specified by the Act are
as follows:
To each leaseholder whose gross income is less than 50Yo of the applicable Area Median Gross
Income (AMGi) adjusted for household size, owner/applicants must provide a relocation payment of
twice the amount listed above.
Owners are encouraged to discuss the details of their relocation plans with the Authority staff in
order to identifu special tenant circumstances that might require fine tuning of the arrangements,
Owners must make at least half of the relocation payment when a tenant gives a definite move out
date, the remainder to be paid when the tenant actually vacates. Many need this to help pay the security
deposit on their next residences. Owners are urged to give careful consideration to providing relocation
payments to tenants who have not yet received their 120-day notice to vacate but have compelling reasons
to move early.
. Expediting return of security deposits, or allowing tenants to apply them to the last month's rent
Contacting comparably priced rental complexes to request priority for persons being displaced
Providing transpoftation for tenants needing to look at other housing, especially those who are
elderly or disabled
Giving attention to the special problems of timing moves for farnilies with school age children
Relocation assistance and services should be made available to tenants not only during regular
business hours but during evenings and weekends to accommodate tenants who would otherwise have to
miss work. Owners should provide tenants written materials andlor translation services in their native
languages if necessary.
Owner/applicants must provide assistance for two moves when it is necessary for occupants
qualiffing for a renovated unit to move temporarily during the renovation work and then return to a
renovated unit. Assistance can be either a payment to reimburse the actual cost of the move and utility
transfers or moving services provided by the developer and a payment to cover the cost of utility
transfers. Tenants are expected to provide documentation of their expenses. Payment for only one move
is required if the tenant elects in writing to move to a renovated unit and not return to his or her original
unit.
RELOCATION ASSISTANCE GUIDELINE,S, continued
State law requires 120-day vacate notice for all condo and co-op conversions and for any change
in the use of buildings with at least four rental units. These guidelines extend that notice period to all
multi-family rental units vacated due to rehabilitation or demolition, and to single-family houses being
demolished.
Owners must inform tenants of renovation and relocation plans as soon as possible, and to
arrange for interpreters to help non-English speaking persons understand what the owner intends to do
with the property. Open communication with tenants about plans for the development can be helpful to
both owner and occupants by minimizing rumors and misunderstandings.
Owners of complexes containing 20 or more units are required to submit a renovation and
relocation plan to the Authority and to affected tenants. The plan should be as complete as possible, and
updated as changes are made. The scope of the plan should be appropriate to the scale of the
development being renovated, including at a minimum:
I) Name, address and contact person for the owner/ developer/ management company
2) Scope of the work to be done and phasing of work, including estimated timetables
3) Relocation payments and services to be offered
4) Anticipated rents and rental policies after the changes
5) Measures planned to minimize construction impact on occupied units.
The plan should be submitted to the Virginia Housing Development Authority, Multi-Family
Development Division, Attention: Tax Credit Prograrn Administrator.
Owner/applicants are required to maintain files which can, if required by the Authority, document
compliance with the above requirements. Such files should include, but not be limited to copies of
relocation plans, notices, canceled checks, and other items providing evidence of compliance with the
above requirements.
RELOCATION ASSISTANCE GUIDELINES, continued
Section 55-222 of the Code of Virginia requires 120 days' notice to tenants being vacated from
any building containing at least 4 residential units, if the building is to be renovated, demolished, sold on
a contract requiring an empty building, or converted to hotel, motel, apafiment hotel, or other commercial
use.
t+**i<d<t<,ß*{<*{<
For buildings containing fewer than 4 residential units, the Authority requires the same 720-day vacate
notice to tenants.
The Virginia Condominium Act requires in Section 55-79.94(b), as amended in 1980, that tenants
of all complexes being converted to condominiums be given 120 days' notice to vacate.
Tab H
Proposed I mprovements: (Should conespond with f.B & D and Ill.A of the application)
n Efficiencies: $ I month
x 1 Bedroom Units: $ ?ZP / month
X 2 Bedroom Units: $ 426 / month
X 3 Bedroom Units: $ 501 / month
n 4 Bedroom Units: $ / month
PHA or SEC I Notification Letter, continued
Sincerely yours,
d -.,.- r¿.-rV¿.\
Edñ-e-K. N. Mei¡-
Executive Director, MillRun Apartments LLC
I{OTE: Any change in this form letter may result in a reduction of points under the
scoring system. lf you have any questions, please call Jim Chandler at VHDA
(804) 3¿fi1-5786.
Tab I
April24,2AO9
Jím Chcndler
Virginio Housing Developmenl Authority
ó01 South Belvidere Street
Richmond. Virg inio 2322A
Yours truly,
,%_á
Morionr)Ñ f*
Moyor
U /
Hom,eownershÍp Plan
Not Applicable
Tab K
RECÏTALS
A. The Seller is thç owner of: (i) that certai¡r tract of land (the "Land") in Accomaok County,
Virginia and morc particularly described in EXhiþit *4 attached hereto and by this refererrce incorporated
herein; and (ii) any and all rights, benefits, easements and other interests ofthe Seller appurtenant to the
Land (the "Appurtenances"). The Land and Appurtenances are collectively referenced hercin as the
ooProper!/."
B. The Scller desires to sell and assign the Property to the Purchasor. Subject to ¿nd in
accordance with the conditions ar:d provisions hereinafter contained, the Purchaser desires to purchase the
Properly from the Seller.
AgREËIdË\lT
NOW, TIIEREFORË, in consideration of the Recitals, the n'rutual agreements set forth herein,
and other good and v¿luable consideration, the receipt and sufficiency ofwhich are hereby acknowledged,
and intending to be legally bound, the Seller and the Purchaser agreç as follows:
l" Incorporation of R,ppjt¿I,s. The above recitals are incorporated into the operative
provisions of thÍs Agreement by this reference.
2. $ale-of Property. Subject to and in accordance with tÏe terms of this Agreomen! the
Seller agrees to sell and assign to the Purshåser, and the Purchaser agress to purchase from the Seller, the
Property.
3.1 Purchasp Price. The purchase price to be paid by the Purohaser fo tl¡e Seller for
the Property (the "Purchase Price') shall be One Million Two llundred For{y Thousand, Eight Hundred
and 00/100 Dollars ($1,240,800).
4, Closinq. The closing of this transaction (the "Closingl') shall take place on or before (i)
November 6, 2009. Such date of lhe Closing is refered to herein as the 'oClosing Date." Closing shall
occur at the oflices of Kanady & Quinn, P.C., 7130 Glen Forest Drive, Suite 120, Richmond, Virginia
23226, or at suoh other location as mây be mutually acceptable to the Seller and the Purchaser.
5. Reports and Insnections. Ðuring the period from and including the Effective Date and
through 5:0Û p.rn. EST on the thirtieth (30) day after the Effective Dato (the "Inspeotion Period"), the
Purchæer and its agents and representatives shall have the right to enter upon the Proper[y for the purpose
of performing suoh examinations and tests, including without limitation soil tests, environmental
inspections, determination of future capital needs of the Properly, title examination, surveys, and
determinæion of compliance with laws, all as the Purchaser may deem appropriate for determining the
feasibility of the Property for thc Purchaser's intended use (collectively, the "Inspeotions"). The
Purchaser oovenants to repair any damage to the Proper{y caused by such Inspections and to indernniþ
a*d hold harmless the Ssller frorn any loss, cost, experrse or liability incurred or sust'ained by the claim of
any person made by r,ea$on of thc Purchaser's activities as permitted pursuant to this Section 5, save and
except for any reduction ofvalue ofthe Property resulting fiom the discovery ofany hazardous or toxic
wästes and substances on, or defects to, the Property. The foregoing covenant shall survivs any
termination of this Agreement. If the Purchaser determines the Property is unacceptable to the Purchaser
for any reason, a¡ determined by fhe Purchaser in its sole and absolute discretion, the Purchaser may
terminate this Agreement by giving the Seller written notice of such termination in accordalce with thc
requirements of Section 12.4 prior to the expiration of the Inspeotio* Period. If Purchaser so terminatçs
this Agreement for any reâson, Purchaser agrses to furnish Seller with copies of all engineering and
environment¿l reports and studies that Purchaser has had prepared concerning the Properfy, its status, and
its possible uses, including but not limited to any site plans axd any Phase I Report. Upon such
termination by the Purchaser, tlie Ðeposit shall be returned to the Purchasçr and neither parfy hereto shall
have a clairn against tlte other under this Agreemenf except for any claims of the Seller against the
Purchaser under this Secrion 5.
7. Ðflr"rage or Destruction Prior to Closins. The Seller shall bear the risk of all loss or
damage to the Property from all causes through the time of recordation of the Ðeed (defined in Section
I 0. I . 1). In the event the Propefy should be damaged or deskoyed as a result of fire or other casualty or
any other cause whatsoever whioh occurs prior to the Closing Date, the Seller shall promptly give the
Purchaser written notice of such destruction or damage. The Purchaser shall have the option of either (a)
affinning this Agreement, in which event Seller will pay to the Purchâser åny insurance proceeds payable
to the Seller therefor or assig* to Purshaser all ofseller's rights under any policy or policies of insurance
on the Property, as applicable, and proceed to Closing hereunder; or (b) terminate ilris Agreement and
receive the Deposit, in which event both Seller and Purohaser shall bc released from all further
obligations and liabilities under this Agreement, except as otherwise expressly set forth in this
'{greement.
8. Ropresentations.4nd,lMa$,qnties.
8.1 Be.prespntations and Wananties of the Seller. In addition to any other covenants,
indemnities, warrantios and representations made by the Seller herein, the Seller makes and agrees with
the Purchaser to the following representations and warranties, all of which are true and correct as to the
mattçrs sct forth therein as of the date hereof and, except as otherwise disclosed to the Purchaser in
writing and agreed to by the Purchasero shall be true and concct on the Closing Date:
8.1.1 Authority. The Seller has thç capacity and authorþ, and all requisite actions
fully authorizø and empo\ryer the Seller to €xecutê
have been t¿ken and approvals obtained by the Seller to
this Agreement and consummâte the h¿nsactions contemplated hereby. The Sellcr shall fi¡rnish to the
Purchaser any documents reasonably requested by the Purshaser which evidence the capaoity and
authority of the Seller (and the signatories acting on behalf of the Seller) to consummate the transactions
contemplated hereby.
8.1.2 Nq Confiigl. The authorization, exeoution and delivery of fhis .{greement and
the consumm¿tion of the kansactions contemplafed hereby, will not, with or without the giving of notice
or passage of time or both: (i) violate, conflict with or result in the breach of any ferms or provisions of or
require any notice, filing, registration or furthcr oonsent, approval or authorization under: (w) the Virginia
Housing Development Aot or the bylaws or resolutions of the Seller; or (x) any statutes, laws, rules or
regulations of any govemmental body applicable to the Seller, or its properties or assets; or (y) any
judgment, decree, writ injunction, order or award of any arbitrator, cou$ or govornmental authorit)'
binding upon the Seller or any of its respective properties or assets; or (z) any insh'ument or agreeme*t to
which the Seller or its properties may be bound or relating to or affecting all or any portion of the
Properly; or (ii) result in any lien, claim, encumbrance or restriction on the proceeds of the sale of all or
any portion ofthe Properfy or on any ofthe respective properties or assets ofthe Seller.
8.1.4 Ì{o YiolaÍipnp. The Seller has received no notice of, nor does the Seller have any
knowledge of, any violations (collectively, "Violations'0, and individuaily, a "Violation') of any
applicable local, state or federal law, ordinances, regulations2 or orders of any &deral, state or local
government department or agency having jurisdiction over or affecting the Properfy or the consfruction,
managsrnenf, ownership, maintenance, operation, use, improvement, acquisition or sale thereo{
including, without limitation, building, health and euvironmental laws, regulations and ordinances, and
equal access opportunity laws, regulations and ordinances (whether or not officially noted or issued). The
Seller shall provide the Purchaser with notice of any Violations of which the Seller obtains notice or
knowledge between the Effective Date and the Closing Date.
Ll.s l-'lç ForsiÊn Pçrson. The Seller is not a foreign person within the measing of
Section 1445 of the Internal Revenue Code, as amended.
8.1.6 l.Io $pçcial Proc..eedings. There are no pending or, to the knowledge of the Seller,
contemplated; (i) annexation or condemnation proceedings affeotÍng, or which may affect, all or any
portion of the Property; (ii) proceedings to ohange or redefine the zoning classification applicable to any
portion of the Properly; or (iii) changes in road pattems or grades which may adversely affect access to
any roads providing a means of ingress to or egress from the Froperty.
8.1.8 Bnvironmental. The Seller represents and warrants that, to the best of its
knowledge, there æB no hazardous or toxÌc wastes and substances oll, about or affecting (directiy or
indirectly) the Properïy. For the purposes of this Agreement, "hazardous or toxic wastes and substances"
are defined as those substances, materials, and rvastes, including but not limited to, those $ub$tances,
materials and wastes listed in the United States Department of Transportation Hazardous Matcrials Table
(49 CFR 172.101) or by the Environmental Protection Agency as hazardous substances (40 CFR Part
302) and amendments thereto, or such substances, materials and wastes which are regulated under any
applicable local, state or federal law, including, without limitation, zury material, waste or substance
which is (i) peholeum, (ii) asbestos, (iii) polychlorinated biphenyls, (iv) designated as a Hazardous
Sutrsûaace pursuarrt to Section 33 i of the Clean Water Act, 33 U.S.C. Sec. 1251, et. seq, (33 U.S.C. 1321)
or listed pursuant to Seotion 307 of thE Cleau TVater Act (33 U.S.C. Sec, 1371) (v) defined as a haza¡dous
waste pursuant to Section 1004 of the Resource Conservation and Recovery Act,42 U.S.C. Sec. 6901, et.
seq. (42 U.S.C. Sec. 6903) or (vi) defined as hazardous substa*ce pursuant to Section T01 of the
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec 9601, et. seq.
(42 U.S.C. e6ol).
8.2.t Authority. Thç Purchaser has the capacify and authorily, *nd all requisite actions
have been taken and approvals obtained (or will, within a reasonable time hereafter, be taken and
obtained) by the Purchaser to fully authorize and empower tlre Purchaser, to execute this Agreement and
consummate the transactions contemplated hereþ. The Purcliaser shall fumish to thc Seller any
documents reasonably requested by the Seller which evideuce the capacity and authority of the Purchaser
(and the sigratories acting on behalf of the Purohaser) to consumtnate the transactions contemplated
hereby.
8.2.2 No Cqìflicj. The authorization, execution and delivery of this Agreement and
the consummation of the transactions oontemplated hereby, will not, with or without fhe giving of notice
or passage of time or both: (i) violate, conflict with or result in the breach of any terms or provisions of or
require any notice, filing registration or further corisent, approval or authorization under: (w) the
operative docurnents by which the Purchaser is governed, inol:rding without limitation any and all articles
of incorporation, partnership agreæments, operating agreement$, bylaws, resolutions and other inshuments
or documents; (x) any statutes, laws, rules or regulations of any governrnental body applicable to the
Seller, or its properties or assets; or (y) any judgmen! decree, writ, injunction, order or award of any
arbitrator, court or governmental authority binding upon the Purchaser or any of its respective properties
or assets; or (z) any instrument or agreement to which the Purohaser or ìts properties may be bound; or (ii)
result in any lien, claim, encumbranse or restriction on the Propetly or on any of the respective properties
or assets ofthe Purchaser.
8.3 Effect pl.Çhangç in Rç.p¡esentationq. For the period &om and including the
Effective Date to and through the Closing Date, the Seller and the Purchaser shall each be obligated to
advise the other party, as applicable, of any change which re*ders any representation made by such parfy
in this Agreement unkue or materially misleading. In the event that such notice is delivered from one
par{y to the other, and if such oircumstances as are set forth in such notice materially and adversely affect
the rights and obligations of the party receiving such notice, the parly receiving such notice shall have the
option, at its election, lo terminate this Agreement, and if so terminated by the Purchaser, the Deposit
shall be rehrnsd to the Purchaser, and the parties shall be released from all futrue obligations arrd
liabilities under this Agreement, except as otherwise expressly set forth in this Agreemenf. Íf the
circumstanccs that render a representation untrue or materially misleading have resnlted from the willful
acts or gross negligence of the parly which geve thc representation, then in additÍon to the termination
rights set forth in tlre previous sentence, tho parly that receives notice of such change of circumstances
shall have all rights ¿vailable to it at law or in equity for a breach of this Agreement by the parly that gave
notice of st¡ch circumstasces, and suoh riglrts shall survive the termination of this Agreement.
9. Çoqdiliqns Precedeql.
9.1.2 ó.ccgsq. All direct access (through permifled culb cuts) to publio rights-of-way in
effeet on the Effective Ðate shall not have been altsred or diminished.
9.1.3 UXilitiçS. The Property shall be served with potable water, public sewer,
elechicþ ofthe Effective
natural gas, telephone, cable and other utilities provided to the Propely as
Date without necessity of obtaining easements across property not owned by the Seller.
9. 1.5 TaX" Çfçdits. The Purchaser must be able to obtain a reservation of federal low-
income housing tax credits in ¿n amount satisfactory to the Purchaser, in its sole discretion, in the year
2009.
10. Closing Mechanics. Should all conditions set forth in Section 9 eithcr be met or be
waivcd by the Purchaser and Seller, as applicable, the following provisions shall govern the Closing:
10.1 The Seller's Obligatjç'-n_ç_at_ Cl_osing. .{t or prior to Closing, the Seller shall
comply with thc following obligations:
10.1.1 Çpnyeyance Deed. The Sellcr shall deliver to the Purchaser or its designee a
good and sufficient general warrant¡r deed (the "Deed') for the Land and Appurtenances, in fcrm for
recording, duly executed and acknowledged by the Seller, so as to convsy title in such Properly free and
clear of any malte¡s other than Permiued Exceptions (as defined in Section 10.6).
10.1.4 O¡yner's Affidavit. The Seller shall deliver to the Purcbaser a standard o\ryner's
affidavit sufficient for the Purchaser to obtain title insurance for the Froperty free from all exoeptions
other than Permitted Ëxceptions.
10.1.6 Poss-e-ss_ion. The Seller shall vacate the Properly ancl deliver to the Purchaser
çxclusive possession ofthe Property, subject only to the Permitted Exceptions.
10.1.8 Other Documents. The Seller shall deliver to the Purchaser such other
documents as may reasonably be requirecl to consummate the Closing in accordance with the terms of this
Agreernent.
10.3,1 Taxes. A proportionate sharc of any real estafe tåxes, payments in lieu of real
estate taxes, ad valorem and personal properly taxes, and any other state, county and municipal taxes,
charges and assessments (special or otherwise), on the basis of the oalendar or tax year for which the
same are levied, imposed or assessed, and regardless of when the same become a lien or are payable. If
the rate of any such taxes, eharges or assessments shall not be fixed prior to the Closing Date, the
adjusfment thereof at the Closing shall be upon the basis of the rate for the preceding calendar year
applied to the l¿fest assessed valuation (or other basis ofvaluation).
I 0.3.2 Tnteqfiç,.[q.Jly Oruittsd.
1 0.3.4 Intentj_oJìslly,9mitfqd.
10.4 ÇoSJS. The costs of canceling any existing indebtedness and the costs for the
preparation of the Þeed and any other documents delivered by tlrc Ssller to the Purchaser at Çfosing shall
be paid by the Seller at Closing. Costs for the reports and inspections under Section 5 hercof, the owner's
and lender's policies of title insurance and any special title insurance endorsements, survey, and all
reoording taxçs and fees shall be paid by the Purchaser at Closing. The Seller and the Pnrchaser shall
each pay their respective attorneys' fees.
I0.5 Brokerc. The Seller and the Purchaser represent to each othsr that neither parly
has engaged the sçrvices of a real estate broker or agent in negotiating or consummating thc sale and
conveyance of the Properly âs set forth herein, and each party hereby (to the extsnt permitted by
applicable law) indemnifies and holds the other harmless from and against any claims for commissions
together with any costs and reasonable attorney's fees incurred by such parly in defending against such
claims, res*lting fron: any breaoh of the reprosenlations set forth herein. Such indernnification
obligations shall survivç any termination of this Agteement and the Closing.
10.6 Titþ. During the Inspection Period, the Purchaser shall obtain from a title
company selected by Purchaser a preliminary title comrnitment for the Property (along with legible copies
of all documents creating exceptions thereunder), and the Purchaser shall promptly examine thç
preliminary title commitment and documents relating thereto. Within the ïnspection Period, the
Purshaser shall noti$ the Seller of any defects in title in such cornmitrnent to whish the Purchaser
objects; provided, however, that the Purchaser shall have no obligation to object to defects relating to
deeds of hust, mechanics' liens, judgmcnts or auy other defect which may bs cured by the application of
proceeds of the Purchase Pricc at Closing ('Lien Þefec1s"); provided furtheç that in the case of defects
which arise aller the effeotive date of the Purchaser's title commitment for the Property ("Post-
Commitment Ðefects'o) and to which the Purchaser objects, the Purchaser shall notifo the Seller of such
objections prior to the Closing (any defect in title to which the Purchascr objects under this Section 10.6
in referred to herein as '"Title Objections"). It is thc intention of the parties that Lien Ðefects shall
automatically qualiff as objections to title, and the Purchaser shall appty all or any portion of the
Purchase Price at Closing in the amount necessary to cure Lien Defects. For any Title Objections (other
than Lien Defects) wherein the Purchaser has delivered notice to the Seller of the Purohaser's objection
thereto, the Seller shall have fifteen (15) days from the receipt of such notice or notices within which to
notifu the Purshaser as to whether the Seller elects to cure all or any of such Title Objections raised by the
Purchaser. If the Seller does not so nofi$ *re Purchaser within such 15 day period, the Seller shall be
deemed to have elected not to cure such Title Objections. All exoeptions to title which are not Lien
Þefects and as to which the Purohaser has not objected pursuant to this Section 10.6 shall be deemed
"Permitted Êxceptions." In the event the Seller has given such notice to the Purchaser eleoting to cure
any Title Objections, the Seller shall be obligated fo effect such cure on or before the Closing Date or
such later date æ shall be necessary to effect such cure, which date shall not be later than sixty (60) days
after fhe date in (i) of Section 4 hereof. In the event the Seller elects not to cure all or any of the Title
Objections, ar elects to cure but fails to successfully cure ariy Title Objections prior to Closing, the
Purchaser shall have the right, exercisable at any time prior to Closing by giving notice to the Seller, to
either: (i) terminate this Agreement ¿nd receive a refund of the entire Deposít, in which event, neither
parfy shalt have a clairn against the other u¡der this Agreement, except as otherwise expressly set forth in
this Agreement; or (ii) waive the uncured Title Objections and close under the terms of this Agreement.
11. Matters Çoucemins the Deposit.
I I.1 +{ccount. The Deposit shall be deposited and held by the Esorow Agent in its
interest bearing trust account.
i1.2 Delivery of the Deposit. Escrow Agent will deliver the Deposit in accordance
with the following provisions:
(iÐ To the Seller upon receipt of a wrilten notice from the Seller stating fhat the
Seller is entitled under this AgËeement to the Deposit and demanding payrnent of the same, provided,
hortever, that Escrow Agent will not honor such demand until not less than ten (10) days after the date on
which Éscrow Agent shall have delivcred (by registered or certified mail, return receipt requested) a copy
of such notice and demaud to the Purchaser.
(iiÐ To tbe Purchaser upon receipt of a written notice from the Purchaser stating that
the Purchaser is entítled under this Agrcement to the Deposit and demanding payment of the same,
provided, however, that Escrow Agent will not honor such demand until not lsss than ten (10) days after
the date on which Escrow Agent shall have clelivered (by registered or cerlilied mail, return receþ
requested) a copy of suoh notice and demand to the Seller.
12.
l2.l Findiqg Effeqt. This Agreement and all oovenants, terms, conditions, warranties,
and rmdertakings contained herein, and all amendmçnts, modifications and extensions hereof, as
applicable, shall be binding upon and shall inure to the benef-rt of the parties hereto and their respective
heirs, executors, administrators, personal representativesä successors and permitted assigns.
12.2 [inal AÊreemegt, This Agreemeut contains the final and entire agreement
between the parties, and they shall not be bound by uny terms, conditions, stateme*ls, warrantiss or
representations, oral or written, not herein contained-
12.4 Notices. All notices, demands and request whioh may be given or which are
required to be given by either party to the other must be in writing. All notices, demands and reguests by
the Purchaser or the Seller shall be senú either by fax, with a copy by certified mail, return receipt
requested, postage prepaid, or by delivery through a nationally-recognized overnight oarrier (the
'"Carriero') that can provide written proof of delivery, and addressed as follows, or to such other address as
a parly may specify by duly given notice:
IF TO SELLER: Accomack-Northaurpton Regional Housing Authorþ
P.O. Box4i7
23372 Front Street
Accomack, VA 23301
Attn: Mr. David Annis
FAX Numbe ,: -lïT:{lÍ-4t7 I
12,5 Qpvçfnin$ L" a¡V. This Agreement shall be governed by, and construed and
itrferprokd under, the laws and judioial decisions of the Commonwealth of Virginia.
12,6 The Pulgh¿ser's Defau-lt. If (0 any representation and warranty by the Purchaser
contained in this Agxeement shall not be kue and conect as of the closing Þate; (ii) any condition to the
Seller's obligation to close shall fail to be fr;lfilled or waived; or (iii) the Purchaser shall be in material
default in the performance of any of its covçnants or obligations under this Agreement, the sole riglrt of
the Seller shall be to recover from Escrow Agent, and the sole liabilify of the Purcha{irr or its assignee
shall be to pây, Iiquidated damages equal to the aggregate âmount of the Ðeposit, such amount being
fixed as such byreason ofthe fact that the actual damages to be sufflered by the Seller in such event a¡e in
their nature uncertain and unascertainable with exastness and because tåe Purchaser would not have
entered into this Agreement unless the Purchaser was exculpated from personal liability as herein
provided. The Sçller shall not seek or obtain any money or other judgment against the Purchaser or any
disclosed or undisciosed offrcer, commissioner, director or employee of the Purchaser or its assignee, or
against the assets or estate of the Purchaser or its assignee or any of the foregoing persons, and the
Seller's sole recourse for payment of said amount shall be, witir respect to a default of the Purchaser, to
the value of the Deposit. Nothing contained in this Section 12.6 shall limit the liability of the Purchaser
to the Seller under Section 5, Seotion 10.3 .4 or Section 10.5 of this Agreement.
12.8 lfaiver. Faih"rre to insist upon shict compliance with any of the terms,
covenants, or conditions hereof will not be deemed a waiver of the tenn, covenant, or condition" nor will
any waiver or relinquishment of any right or power at any onc time or mors times be deemed a waiver or
relinquishment of ths right or power at any other time or times,
I2.9. Sgvcrability. This Agreen:ent will be construed in its entirety and will not be
divisible, except fhat the invalidity or unenforceability of any provision hereof will in no way affect thç
validity or enforceability of any other provision.
l2.II Captíons. Captions aro used in this Agreement for convenience only and will not
be used to intorpret this Agreement or any part of it.
12.12 Çpg¡nterparts. This Agreement may be executed in two or mora counterparts and
shall be deemed to have become effective when and only when one or ¡norc of such counterparts shall
have been sþed by or on behalf of each of the parties hereto (although it shall not be nece $ary that any
single countorpart be signed by or on behalfofeach ofthe partios hereto, and all such counterparts shall
be deemed to constitute but one and the same instrument), and shall have been delivçred by each of the
parties to each other.
12.14 Çonstructiou4dvice Qf Çor¡*ç-el. The parties âgree that each has consulted with
an attorney who has actively participated in fhe drafling and negotiation of this Agreement and that the
provisions of this Agreement will not be construed in favor of either party.
tN WITNËSS îVHEREOF, the parties have caused this instrument to be duly executed, under
seal, by authority duly given, as of the date first written above.
t0
SELLËR:
^A.CCOMACK-NORîIIÅMFTON REGre¡TÁ,L
HOUSING Á.UTIIORITY, a politícal subdivision of tho
Commolrwealth of Virgínia
.1
directcr
PURCÍ{ASER:
By:
Narne:
Title:
1T
Ð{IIIBIT Á.
Alt that certain tract or parcel of land situate ne¿r Shield's Brídge, in the Town of Belle Haven,
Pungoteague Magisterial Ðistrict, A.ccomack County, Virginia, containing in the aggregate, 14 acres, as
shown on a cerûain plat of survey entitled, "Various Parcels of Land Surveyed at the Request Of the
Ascomackì.Torthampton l{ousing Authority. Located near Shield's Bridge, Town of Belle Haven,
Pungoteague Dishic! Acsomack County, Virginia"" dated November 21,1995, revised on February 27,
1996, and made by Shore Engineering Co., Inc., to which plat express reference is made for a more
particular desorþion of the property herei* conveyed. Said traot or parcel of land is boUnded generally
on the Nortlwast by the land of John H. Duer, III, and the land of Gilinda Phillippe, as shown on said plat;
on the South east by the land of Cathcrinç Ðunton Mapp and {he land of Paul F. Garner, as shown on said
pla[ on the Soutlrwesf by State Route 178 and various lot properties, as shÕwn on said plat; and on the
And Being all of the same properly conveyed to Accomack-Northampton Regional Housing
Authority by Deed of Gift from Accomack-Northanrpton Housing and Redevelopment Authority, dated
March l, 1996 and recorded in the Office of the Clerk of Court of Accomack County on March 28ù,
1996, as Inslrument Numbcr 960001268, Ðçed Book712, Page I13.
Tab L
The above-referenced Owner/Applicant has asked this office to complete this form ietter
regarding the site plan of the proposed Development (more fully described below). This certificarion
is rendered solely fol the purpose of confirming the st¿tus of plan of development or site plan approval
of the Development. It is understood that this letter will be used by the Virginia Housing
Development Authority solely for the purpose of determining whether the Development qualifíes fûr
points available under VHDA's Qualified Allocation Plan for housing tax credits.
119-A-20C
Legal Description (should couespond to the site control document in the application):
See attached
Proposed Improvements (should correspond with i.B & Ð and IIÍ.A of the application):
12
XI New Construction¡ # Units 6 # Buildings lO48 Total Gross Floor Area
2'' "
fl Rdaptive Reuse: # Unia # Buildings Total Gross Floor Area
K nenaHtitåt¡on: 14 # Unit¡ 7 # Buildings îîö9* Total Gross Floor Area
3
E The proposed development described above has an approved final plan of developmenf or site
plan (as applicable to fhe site). No further plan of development or site plan approval is
required before issuance of a building permit.
Printed Name:
Title:
Phone:
Date:
ÐilIIBITA
DESCRIPTION OF RBAL ESTATB
All that cert¿in tract or parcel of land situate near Shield's Bridge, in the Town of Belle Haven,
Pungoteague lvlagisterial District, Accomack County, Virginþ containing in the aggregate, 14 acres, as
shown on a cerûain plat of survey entitled, "Various Parcels of Land Surveyed at the Request Of the
Accomack-Northampton Housing Authorify. Located near Shield's Bridge, Town of Belle Haven,
Pungoteague District, Accomack County, Virgini4" dated November 21, 1995, revised on February 27,
1996, and made by Shore Engineering Co., Inc-, to which plat express reference is made for a more
particular description ofthe property herein conveyed. Said hact or parcel of land is bounded generally
onthe Northeasl by the land of John H. Duer, IlI, and the land of Gilinda Phillippe, as shown on said plat;
onthe South eastby the land of Catherine Dunton Mapp and the land of Paul F. Garner, as shown on said
plat; on the Soutlw,esf by State Route 178 and various lot properties, as shown on said plat; and on the
Northwestby the land of John H. Duer, III, as shown on said plat,
And Being all of the same properly conveyed to Accomack-Northampion Regional Housing
Authority by Deed of Gift from Aocomack-Northampton Housing and Redevelopment Authorþ, dated
March l, 1996 and recorded in the Office of the Clerk of Court of Acoomack County on March 28ù,
1996, as Inshument Number 960001268, Deed Book7l2, Page I13.
Tab M
Zoning CertÍfication
The above-referenced Owner/Applicant has asked this oftice to complete this form letter
regarding the zoning of the proposed Ðevelopment (more fully deseribed below). This certification is
rendered solely for the purpose of confirming proper zoning for the site of the Development. It is
understood that this letter will be used by the Virginia Housing Development .{uthority solely for the
purpose of determining whether the Development quâlifies for points available under VHDA's
Qualified Allocation Plan for housing tax credits.
Legal Description (should correspond to the site contlol docu¡nent in the application):
See atgached
Proposed Improvements (should correspond with LB & D and IILA of the application)l
Zoning is proper only if the properry on which the deveiopmenf is or will be located complies with
existing zoning requirements; provided, however, that if the zoning is not residential wifh arr "R"
designation, zoning will not be deerned to be proper, unless tlle chief executive officer of the locality
certifÏes, on behalf of such localÍty, approves the request of the above-referenced Owner/Applicant to
such locality fhat the zoning be deemed to be prûper for the sole purpose of awarding points under the
Qualified Allocation Flan, notwithstanding that the zoning for the property does not have an "R"
designation.
LOCAL CERTIFICATION: (To be completed by the appropriate local official or Civil Engineer)
X The zoning for the proposed development described above is proper and currently is ân "R"
zoning designation or a special use permit has been issued. To the best of my knowledge,
there are presently no zoning violations outstanding on this properfy. No further zoning
approvals and/or special use permiis are required.
t] There are no zoning requirements currently applicable to t¡re site described above.
(SÌgnafure)
Marion F.
(Printed Name
Mayor
(Title of Local Official or Civil Bngineer)
Phone: 757-442-7189
Date:
To be completed only by Chief Executive Officer (applicable only if zoniqg does not bsve "R"
designation):
n The zoning for the proposed development does not have an "R" designation, however, the
chief executive officer of the tocalify certifies in the space provided below thaf he/she has, on
behalf of such localiry, approved fhe request of the above-referenced Owner/Applicant to such
localify fhat the zoning be deemed to be proper for the sole purpose of awarding points under
the Qualifred Allocation Plan,
(Signature)
Marion F. Long
(Printed Name)
Mayor
(Title of Chief Ëxecutive Officer)
Date:
MilIIBITA
DËSCRIPTION OF REAL ESTATB
All that certain fact or parcel of land situate near Shield's Bridge, in the Town of Belle Haven,
Pungoteague Magisterial District, Accomack County, Virginþ containing in the aggregate, 14 acres, as
shown on a certain plat of survey entitled, "Various Parcels of Land Surveyed at the Request Of the
Accomack-Northampton Housing Authorify. Located near Shield's Bridge, Town of Belle Haven,
Pungoteague District, Accomack County, Virginia," dated Novembet 21, 1995, revised on February 27,
1996, and made by Shore Engineering Co., Inc., to which plat express reference is made for a more
particular description ofthe property herein conveyed. Said ftact or parcel of land is bognded generally
on the NortÍtea$ by the land of John H. Duer, [II, and the land of Gilinda Phitlippe, as shown on said plat;
onthe South eastby the land of Catherine Dunton Mapp and the land of Paul F. Garner, as shown on said
plat; on the Soutlmesf by State Route 178 and various lot properties, as shown on said plat; and on the
Norlhwestby the land of John H. Duer, III, as shown on said plat.
And Being all of the same properly conveyed to Accomack-Northampton Regional Housing
Authority by Deed of Oift from Accomack-Northampton Housing and Redevelopment Authorþ, dated
March l, 1996 and reoorded in the Ofüce of ths Clerk of Court of Accomack Coqnty on March 28ù,
1996, as Inskument Number 960001268, Deed Book7l2,Yage 113.
Tab N
Allac¡úon of GredlL
Am¡nddFam
ptrcsntaw a{s*uþls
3.{
z Mulnum æpllcabtÉ arertït
S30É, ¡115
3r trilstlrn¡mqudlfiadhgla .', i,',. r. r' ]'
ff firs Bliglble b¡Èls uæd In üm comF¡ldlon o{ [m 3a w¡e lnøeased, e]r** lhe spdlcaHe box
.n¿ oË ut" p**ntageùo whhlr iæ qlf$bh rræ kcroalsd
(see htrtlt{ona}''''
G! Zonè, or Wilmâ Go &nê
E Arfldlng locåld ln lhÈGtfi opFoltunlîf (Go) Zons' Rlta
É sea¡o¡r ¡¡(c)(s)(cl lrlgh cæt atm pwlelou
4 PeÉenlägeoflheEggrY¡alebeslsf,n*rcedþÞt'exemplburù'
(lf2ÉD,ënter-0")
" "" "'
5 DÊ{6 hrlldlnq þlace¡t ln ærvlce ' ¡ 6 /r!g I oç
-.
6 Cl¡€d( ltm bqss lhat detulbE lhe sllffition frr fie bllldln¡ (rjredc hoto lhat opply)l
ïH'ÑËff åiffiffËþê*3'1::¡f,flf,
'å 9iffiffiffi$i'$iå']'iilffiS#*
tr eæ,lztelrchaùtfrâüaÎ ñ$e$dituÉÈÍodo¡allytubolrfræd
rD ssû, 448) rtttsUlllellon a4ønrflurænot
^" "
:"F,;1:lU,Htr:
ÈdsÞIy Bubsl'fizë'd
Allocation of Credit.
Check lf: tr Addition to Qualäìed Basis n AmendedForm
A Address oi buildíng (do not use P. O. box) þee ínsûuctions) B Name and address of housing credlt agency
26463 Me-Lornpkin Road Virginia fiousíng Devetopment Authoïity
Parksiey, VA 23421 601 S. Belv1de¡e SL_reea
Richmond, VÂ 23220--6504
G Name, address, and TIN of buildlng owner receiving allocation D Employer identificalion numbor of agency
Äccomack Manor, f,i,c 54_0927892
L9 Si.Iversi¡and Place
The tr{oodl anos, Tx 7738L
E Building identification number (BlN)
TIN > 73-1727593 vAO50200i
1a Date of allocation y !2 / 9 / 05 b Maxlmum housing credit doilar arnount allowable, $ 670, BB0
J Maximum applicable credil pe¡centage allowable 7 .95Yô
Maximum qualified basis ç8 , 438 ,7 42
lf the eligible basis used in lhe computation of line 3a was increased, check the applicable box
and enter lhe percentage to which the eligible was inereased (see instructions)
! Building loæled in the Guif Opporiunity (GO) Zone, Rita GO Zone, or Wilma GO Zone
[l Section 42(dX5XC) high cost area prorrisions
Percentageoftheaggregatebasisfinancedbytax-exemptbonds, (ifzero,enter-0-.)
Datebufldingplacedinservice. ¡ s/e/07
iignature of Auihorized Housing Credit Agency Officíal - Compfeted by Housing Credil Agency OnÍy
Underpenaitiesofperjury,ldecJarefhattheaJ|oca{ionmadejsincompliancewiththerequirementqofseclion@
and lhat I have ihis of my knowledge and beliel lhe information is kue, coriect and comofete,
,TAMES M. CEANDLER
Signature of
| AúTEoRfzED oFEfcER
Name (please type or print)
I
é-/3-*
First-Year Certification - Completed by Buil Owners with respeøt to the first Year of the Credit Period
7 Eligìble basis ofbuilding (see inslructiohs)
8¿ Original qualifìed basis of the building at close of first year of credit period
b Are you lreatíng this buílding as part of a muftiple buildÍng projectfor purposes of section 42
{see
a
instruclions)? tl Yes trNo
9 lf box 6a or box 6d ís checked, dô you elecf to reduce etigible basis under section (42(I)(2NBI?
ü Yes nNo
b For markelrate unÍts above the average quality standards of low-income unils in the buÌldlng, do you elect
10
lo reduce elígible basis by disproþortíonate cosis
of nonlow income units under section 42(d)(3){B)? . . , , . fJ Yes D No
Check the approprÌate box for each elecfion:
Gauiion: once ma de, the fotlowlng elecUons arc ircvocable,
a Elect io begin credit period fhe first year afrer lhe buifding is placed in servíce
{section 42(f)(1)} n Yes tr No
b Elect not to treat large partnership as taxpayer (section 42fi)(S)) . . . , . f, Yes
c Eiecf mlnfmum selaside requlrement (section 42(g)) (see insfructions) 20-50 tr 40s0 Ü 25so (N.Y.c. onry)
d Elec{ deep rent skewed project (section 142(
! 1o4o
Underoenaltþs of oeriurv. I dêclare that {he abovo buildinq continues to oualif as a Dari of a ouallfed low-inconre housino oroiect and meets 1i¡e ¡equiremenls oÍ Infemal
Code section 42. I have examined lhis form and atåchmenls, and io thê best of my knowfedge and belíel they are frue, cörrect, and complete.
lll4ay 4,2009
James Chandler
LIHTC Program Director
Virginia Housing Development Authority
601 S. Belvidere Street
Richmond, Y A 23220-6500
As you know, the Accomack-Northampton Regional Housing Authority administers the Section
I Housing Choice Voucher Program for the Eastern Shore of Virginia. As a part of our updated
5-year plan recentþ to HUD, the A-NRHA restated its intent to use project basing as a means to
ensure the PIIA's ability to meet the affordability needs of those seeking housing in its housing
developments, both existing and newly constructed or rehabilit¿ted.
The Mill Run Tax Credit Project is consistent withthe objectives ofthe Housing Choice Voucher
Program. The program's objective is to provide housing assistance to the low and very low income
populace that will provide them the opportunity to live in affordable housing of their choice and to
promote upward mobility and self-suffi ciency.
To this end it is our intention to provide project based vouchers for the 12 new units and the 14
rehabilitated units of the Mill Run Tær Credit Project. The A-NRHA will begin HUD's project
based process in a timeþ manner coinciding wilh the construction and completion of the project.
If you have questions or need additional information, please do not hesitate to call. We are looking
forward to beginning this exciting project.
Sincerel¡
tf*'n- K$.il"^ \
Elaine K. Meil
Executive Director
057) 787-2800 Toll Free: (866) 787-3001 Fax: (757) 787-4221 email: anpdc@a-npdc.org
#
E4/27¡2øø3 09:4fl 787-787-422L ANPDC PAGE E3/EË
AllowanceE for U,S. Department of Housing
-5 flTenanLFurnished Utilities and Urban Dovalopment
And Other Services Office of Fublic and lndian Housing
AddrÉss of Unit
Number of Eedruoms
Adapted from fiom !{UÞ.5ãEF7 Flhi lrllllty Allorenêå A€ËÊttlrck 2üûtt roc shuEÈ l.fl!tÞ52ËÊ?_bup{e¡
by r{lan For Gonçulting
1tfis?oot 1D:01 Afrt
Tab R
Documentation of OperatÍng
Budget
Tab S
Ownerts Name:
ACCOMACK NORTHAMPTON REGIONAL C/O EAST
COAST PROPERTY MGT
Mailing Address;
PO BOX 1510
SEAFORD, DE 19973-5510
Grantor: No l)ata The assessment information is obtained from the total value of
these parcels:
119-A-20C
Land Utilities
Zoning. Incorporated Town Electricity: Subseriptior Only
Tax District: Sulrscription Olly Gas: Subscriptiol Only
Property Class: 1-Incorporated Town Sewer: Srùscription Only
Legal Description: PARCEL 2 Water: Subseripiion Only
1.35 AC
Land Description: No Data
Street Type: Subscription Only
Improvements
Building Type: Subscription Only Total Rooms: Subscription Oniy
Desciption: Subscription Only Number of Bedrooms: Subscription Only
Stories: Subscription Only Number of Baths: Subscription Only
Year Built: Subscription Only Heating Type: Subscription Only
Finished Sq Ft: 720 Air Conditioning: Subscription Only
Construction
Foundation Type: Subscription Orly Attic: Subscription Only
Construction Type: Subscription Olly Finished Attic Sq Ft: Subscriptiol Only
Exterior Subscription Only Basement Sq Ft: Subscription Only
Condition: Subscription Only Finished Basement Sq Ft: Subscription Only
RoofType: Subscription Only Attached Garage Sq Ft: Subscription Only
Roof Material: Subscription t)nly Detached Garage Sq Ft: Subscription Only
Deck Sq Ft: Subscri¡rtion ()nly
Accomack County, Virginia
Owner's Name:
ACCOMACK NORTHAMPTON REGIONAL C/O EAST
COAST PROPERTY MGT
Mailing Address:
PO BOX 1510
SEAFORD, DE 199]3-5510
Land Utilities
Zoning: Incorporated Town Electricity: Subscription Oniy
Tax District: SuLrscription Only Gas: Subseription Only
Property Class: l-Incorporated Town Sewer: Subscription Only
Legal Description: PARCELl&LOTSATI]RUD Water: Subscriptiol Only
MILL RUN PHASE II 1 1.I5 AC
Land Description: No Data
Street Type: Subscription Olly
Improvements
Building Type: Subscription Only Total Rooms: Subscri¡rtioa Only
Desciption: Subscription Only Number of Bedrooms: Subscription Only
Stories: Subscription Only Number of Baths: Subscription Only
Year Built: Subscription Only Heating Type: Subscription Only
Finished Sq Ft: 1,7'14 Air Conditioning: Subscription Only
Construction
Foundation Type: Subscription Only Attic: Subscriptior Only
Construction Type: Subscription Only Finished Attic Sq Ft: Subscription Only
Exterior Subscription Only Basement Sq Ft: Subscription Only
Condition: Subscliption ()nlv Finished Basement Sq Ft: Subscription Only
Roof Type: Subsc¡iption Only Attached Garaee Sq Ft: Subscription Onìy
Roof ll¡ta¡erial: $uhmliption tnl5r DetaehedGaxige SqFt: Subssriptiül Orrbr
Deck sq Ft: Sutrs.øiptiaa 0nþ
PROJECT CONCEPT BUDGET
PROJECT NAME: Mill Run Development 6622 551 27 Units
BID DATE: 4/27109 1054 1298 737 704 930 1,t 36 '1476 7,335 SF / Unit
ESTIMATOR: GJA 6324 7788 1474 1408 4650 5680 1478 28,800 Total SF
CODE DESCRIPTION Nêw 2 Br New 3 Br Ren 1 Br (A) Ren 1 Br (B) Rên 2 BR Ren 3 Br Comm. Bldg, TOTAL cosT/sF
ÞtvtstoN GÊNËRAL CONDIT'ONS lsee aftacl¡ed! s 35.508.83 $ 43.729.09 $ 8,276.41 $ 7.905.82 s 26.109.43 s 31.892 A2 $ 8.287.64 $ 161_710 $ 5.61
DtvtstoN SITE WORK
02111 )EMOLITION s LL22îî I 4.224.00 s 't 3.9s0.00 s 17.040 00 $ 4.428.00 $ 44.064 $ 1.53
o220t :ARTHWORK RENTAL $ 548.96 $ 676.04 s 127 -9s s 122.22 $ 403.65 s 493.06 $ 28.1
t $ .500 s 0.09
iPECTION $ 3.831.73 s 4.71A.77 $ 803 10 s 11 2-8't7.45 3.441.53 $ 894.31 s 17.450 $ o 61
0255( S|TE UTILITIES lwell & SèDt¡c Svstêml $ 120.000 s 12¡ s 2¿O $ 8.33
026,t( tAVING (Drivewavs) s 24.000 $ 24.OOO ¡1.8.000 s 167
0263( ,VALKS / SITE CONCRETE $ 4.000_00 s 4_OOO 0.1
0280( -ANDSCAPING $ 1E.000 s 000 s 1.25
02g9( rÊMPORARY D s s $
:RETE $ 38.820.00 s 45_630_00 $ 1.730 00 1.400.00 $ 9.350.00 s 10.000_00 $ 040.00 $ 1 11.970 $ 3.89
0331( ]ASTIN.PLACE CONCRETE
0390f :ONCRETE PRÔTECI'CIN s s s
0395( ]ONCRETE EOUIPMENT $ s s s ti S
0398( 'IJMPING & MUCKING s 5 1.028.08 $ 194.58 s 185-87 $ $ 749.81 s 194 A¿ $ 3-802 0.13
ltvtstoN MASONRY
IASONRYWORK s 3.360-00 s 4.620.00 s L. 525.00 s 1.505.00 s 927 50 406.00 $ ll 83¿ 1
O4O,I 4I MASONRY WEATHER ÞROIECTION s $ s $
041 51 iCAFFOLDING s $ s 5 si
0¡f98( IllASONRY RENTALS s $ S s
Page 1 of 2
10 - SPECU\LT|ES
13 - SPECIAL CONSTRUCTION
Page 2 of 2
Tab T
I)ocumentation of Financing
Sources
AccoMACK,NoRTHAMPToN
RncloNAL HousING AuruoRrrY
\lHl/
a:;z P,O. Box 387 ' 23377 FnoNr Srnprr AccovRc, Vncwla 2330L
May 1,2109
^
James Chandler
Low lncome Housing Tax Credit Program
Virginia Housing Development Authority
601 Belvidere Street
Richmond, VA2322A
ln the event that the Mill Run Project receives tax credits, the Accomack-
project of
Ñorttrampton Reglonal Housing Authority will make e contribution to the
a portion of the iesidual valuã of the lãnd and improvements on the parcels in
question.
Please feel free to call me if you should have any questions regarding this
commitment.
Sincerely,
4-^*12-r.-r.r,,.ø*út
Elaine K. N. Meil
Executive Director
ail: anPdc@a'nPdc'org
- @
-
Tab U
I)ocumentation of Syndication
T&b V
This Purchase Option and Right of First Refusat Agreement (this "Agreemenf') is made
as of the day of May 2009,by and between ,
a Virginia limited liability company (tlre "Company'' and to be indexed as "Grantor'),
ACCOMACK-NORTHAMPTON REGIONAL HOUSING AUTHORITYi a political
subdivision of the Commonwealth of Virginia ('Grantee") and Mill Run Development
Corporation, a Virginia corporation (the 'Managing Member').
WHEREAS, the Company is wholly owned and controlled by Grantee tbrough its
ownership of all of the issued and outstanding stock of Mill Run Development Corporation, the
sole Member and Manager of the Company; and
WHEREAS, Grantee desires to provide for the continuation of the Project Properly as
low-income horsing upon termination of the Company's ownership of the Project by Grantee
purchasing the Project Property at the applicable price determined r¡nder this Purchase
Agreement and operating the Project Property in accordance with the Use Restrictions; and
WHEREAS, Grantee has negotiated and required that the Company shall execute and
deliver this Non Profit Purchase Option and Right of First Refusal Agreement in order to provide
for such low-income housing.
2. Grant of Refusal Rieht. ln the event that the Company receives a bona fide
offer to purchase the Project Property, which offer the Company intends to accept Grantee shall
have a right of frst refusal to purchase the Propefy (the "Refusat Right") after the close of the
Compliance Period, on the terms and conditions set forth in this Agreement and subject to the
conditions precedent to exercise of the Refisal Right specified herein. In addition to all other
applicable conditions set forth in this Agreement, (a) the foregoing grant of the Refusal Rigbt
shall be effective only if Grantee is currently and remai¡s at all times hereafter, until (i) the
Refi.lsal Right has been exercised and the resulting purchase and sale has been closed or (ii) the
Refusal Right has been assigned to a Permitted Assignee described in Section l0 hereot
whichever first occurs, a qualified nonprofit organizatior¡ as defined in Section 42(h) (5) (C) of
the Code, and (b) any assignment of the Refusal Right penîitted r¡nder this Agreement and the
Refusal Right so assigned shall be effective only if the assignee is at the time of the assignment
and remains at all times thereafter, until the Refusal Right has been exercised and the resulting
purchase and sale has been closed, a Permitted Assignee described in Section 10 hereof meeting
the requirements of Section 42(iX7XÐ of the Code. Prior úo accepting any such bona fide offer
to purchase the Propefy, ttre Company shall notifr Grantee and the General Member of such
offer and deliver to each of them a copy thereof. The Company shall not accept any such offer
unless and until the Refusal Right has expired without exercise by Grantee under Section 6
hereof.
3. Purchase trice Under Ootion. The purchase price for the froperty prusuant to
the Option shall be the greater of the following amounts, subject to the prwiso set forth
hereinbelow:
a. Debt and Taxes. An arnount suffrcient (i) to pay alt debts (including
member loans) and liabilities of the Company upon its terrnination and liquidation as
projected to occur immediately following the sale pursuant to the Option, and (ii) to
distibute to the members cash proceeds equal to the taxes projected to be imposed on the
members of the Company as a result of the sale pursuant to the Option; or
b. Fair Market Value. The fair market value of the Property,-r'-d"i appraised as
low-income h"*irg to th" continuation of such use is t"q.rir"a the Use
"*û""1to be made by a licensed appraiser, selected by the
Restictions, any such appraisal
Company's regular certified public accountånts, who is a member of the Master Appraiser
Institute and who has experience in the geographic area in which the Project Proper(y is
located;
provided" however, that if prior to exercise of the Option the Intemal Revenue Service (the
isewice") has issued u ,erren re ruling or provided a private letter ruling to the Company,
concluding that property of the nafi:¡e and use of the Properly may be sold r:nder circumstances
described in this Agreement at the greater of the price determined under Section 42(i) Q) of the
Code or the price determined under Subsection 3a hereinabove without limiting tax credits or
deductions that would otherwise be available, then the Option price shall be such price.
4. Purchase Price Under Refusal Risht. The purchase price for the Property
pursuant to the Refusal Right shall be equal to the su¡n of (a) an amount sufücient to pay all
debts (including Member loans) and liabilities of the Company upon its tennination and
liquidation as projected to occur immediately following the sale pursuant to the Refi:sal Right,
and (b) an amount sufficient to distribute to the members of the Company (the'Members'), cash
proceeds equal to the tæres projected to be imposed on the Members of the Company as a result
of the sale pursuant to the Refi¡sal Right.
(Ð the Regulatory Agreement shall have been entered into and remained
in futl force and effect, and those Use Reshictions to be contained
thereiru shall have remained unmodified without its prior witten
If any or all of such conditions precedent have not been met, the Option and the Refirsal Right
shall not be exercisable.
6. Exercisê of Ontion or Refusal Right. The Option and the Refi¡sal Right may
each be exercised by Grantee by (a) gving prior written notice of its intent to exercise the Option
or the Refusal Right to the Company and each of its Members in the manner provided in the
Agreement and in compliance with the requirements of this Section 6, and ft) comptying with
the conhact and closing requirements of Section 8 hereof. Any such notice of intent to exercise
the Option shall be given druing tlre last twelve (12) months of the Compliance Period. Any
such notice of inænt to exercise the Refi¡sal Right shall be given within one hund¡ed eighty (180)
days after Grantee has received the Company's notice of a bona fide offer pursuant to Section 2
hereof, but in no event later than one hundred eighty (180) days immediately following the end
of the Compliance Period, nofwithstanding any subsequent receipt by the Company of any such
offer. In either case, the notice of intent shall speci$ a closing date within one hr¡nd¡ed eighty
(180) days immediately following the end of the Compliance Period. If the foregoing
requirements (including those of Section t hereof) are not met as and when provided herein, the
Option or the Refusal Right, or both, as applicable, shall expire and be of no further force or
effect. Upon notice by Grantee of its intent to exercise the Option or the Refirsd nighq all rights
under the other shall be subordinate to the rights then being so exercised unless and until such
exercise is withdrawn or discontinue{ and upon the closirg of any sale of the Property pursuant
to such notice shall expire and be of no further foroe or effect, provided that in the event that the
Option and the Refusal Right are hereafter held by different parties by reason of any permitted
assignment or otherwise, Grantee in its assignment(s) or such parties by written agreement may
speciff any other order of priorit¡r consistent with the other terms and conditions of this
Agreement.
8. Contract and Closine. Upon detennination of the pr:rchase price, the Company
and Grantee shall enter into a written contact for the purchase and sale of the Properfy in
accordance with this Agreement and containing such other terms and conditions as are standard
and customary for similar commercial tansactions in the geographic a¡ea which the Project
Property is located, providing for a closing not later than the date specified in Grantee's notice of
intent to exercise of the Option or the Refusal Ríght, as applicable, or thirty (30) days after the
purchase price has been determined, whichever is later. In the absence of any such contract, this
Agreement shall be specifically enforceable upon the exercise of the Option or the Refusal Right,
as applicable. Lessor agrees to join in and execute such documents as may be required to carry
out the intent of this Agreemenl
g. Assisnment. Grantee rnay assign all or any of its rights under this Agreement to
(a) a qualified nonprofit organization, ar¡ defined in Section 42(h) (5) (C) of the Code, (b) a
govemment agency, or (c) a tenant organization (in cooperative form or otherwise) or resident
management corporation of the Project Property (each a "Permitted Assignee") that demonstates
its ability and willingness to rnaintain the Project Properfy as low-income housing in accordance
with the Use Restrictions, and subject in any eveiú to the conditions precedent to the Refi¡sal
Right grant and the Option price set forth in Sections 2 and3 hereof. Prior to any assignment or
proposed assignment of its rights hereunder, G¡antee shall give written notice thereof to the
Company and the Managing Member. Upon any permitted assignment hereunder, references in
this Agreement to Grantee shall mean the permitted Assignee where tlrc context so requires,
subject to all applicable conditions to the effectiveness of the rights granted under this
Agreement and ió assigned. No assignment of Grantee's rights hereundei shall be effective
unless and until the pemritted Assignee enters into a written agreement accepting the assignment
and assuming all of Grantee's obligations under this Agreement. Except as specifically permitted
herein, Grantee's rights hereunder shall not be assignable.
10. Miscellaneous. This, Agreement,.sha['be govemed by the laws of the
Commonwealth of Virginia" This Agreement may be executed in counterparts or counterpart
signattre pages, which together shall constitute a single agreement
11. Rqcitals Incorporated. The Recitals.set forth above are incorporated in this
Agreement and made a part hereof,
In Witness Whereof, the parties have executed this document as of the dafe fi¡st set forth
hereinabove
COMPANTY:
Bv,Å¿¿nuwvløI
It"t
COMMONWEALTH OF VIRGTMA)
€#FYlcouNrY oF &gr¿/.r.:J\
ACCOMACK-NORTTIAMPTON
REGIONAL HOUS ING AUTHORITY
APolitical Subdivisionof the Commonwealth of Vüginia
coMMoNwEALTrr OF VIRGINTA)
)
CITY/COUNTY OF )
:' íG'
'72 ."
-'
i "î '. .i i
! nF .i. :..:
te*Íi"ffi
E)ilIIBIT A
PROPERTY DESCRIPTION
'.
All that cerøin tract or parcel of land situatê,nea¡ Shield's Bridge, in the Town of Belle
Haven, Pungoteague Magisterial District Accomack Counly, Virginia containing in the
o'V€rio"s Parcels of Land
aggregate, 14 acres, as shown on a certail plat of.survey artitled,
Surveyed at the Request Of üe Acoomack-Northampton Housing Authorþ. Located nea¡
Shield's'Bridge, Tswn of Belle llaveq Fungoteague Dishiot, Accomack County, Virginia,'
, daæd Novenber Zl, 1995; revisé¿ on februarv 77,1996,*¿ *ud" by Shore Enginee-ring Co.,
' þ"., to'which plat express reference is made fo1 a more particular description of thg property
herein conveyed. : Said tract or parcel of land is bounded generally on the Nortlæasr by the land
of John H. Duer, IfI, and the land of Gilinda Phillippe, as shown'on said plaü ol the Soulh east
by the l¿nd of Catherine Dr¡nton Mapp *i¡.t¡r land of Paul F, Gamea as s-\ory1on said plat; on
the Southwe{.by Stæe:Route 17S and various lot properties, as shown on saidpìa4 and on the
Nortfuestbythe landof¡ph¡r,H, pueqIII,lqshownonsgrdpla!.. . :',' .,'
E)ilIIBIT B
]DESCRIFTTONOF .
REGTILATORY AGREEMENT
'' j' l _
Date:
Recordin g lglomration:
Tab W
MLay 13,2009
Gentlemen:
This firm represents the above-referenced Owner as its counsel. It has received a copy of
and has reviewed the completed application package dated as of Mlay 13,2009 (of which this
opinion is a part) (the "Application") submitted to you for the purpose of requesting, in
connection with the captioned Development, a reservation of low income housing tax credits
("Credits") avulable under Section 42 of the Internal Revenue Code of 1986, as amended (the
"Code"). It has also reviewed Section 42 of the Code, theregilanons issued pursuant thereto and
such other binding authority as it believes to be applicable to the issuance hereof (the regulations
and binding authority hereinafter collectively referred to as the "Regulations").
Based upon the foregoing reviews and upon due investigation of such matters as it deems
necessary in order to render this opinion, but without expressing any opinion as to either the
reasonableness of the estimated or projected figures or the veracity or accuracy of the factual
representations set forth in the Application, the undersigned is of the opinion that:
1 . It is more likely than not that the inclusion in eligible basis of the Development of
such cost items or portions thereof, as set forth in Parts VItr and D( of the
Application fornq complies with all applicable requirements of the Code and
Regulations.
2. The calculations (a) of the Maximum Allowable Credit avulable under the Code
with respect to the Development inPart VItr of the Application form and (b) of the
Estimated Qualified Basis of each building in the Development in Part D( of the
Application form comply with all applicable requirements of the Code and
regulations, including the selection of credit type implicit in such calculations.
Virginia Housing Development Authority
May 13,2009
Page2
3. The appropriate type(s) of allocation(s) have been requested in Subpart I-D of the
Application form.
4. The information set forth in Subpart VII-C of the Application form as to proposed
rents satisfies all applicable requirements ofthe Code and Regulations.
Finally, the undersþned is of the opinion thøf, if all information and representations
contained in the Application and all curr:ent law were to remain unchanged, upon compliance by the
Owner with the requirements of Code Section 42(hX1XE), the Owner would be eligible under the
applicable provisions of the Code and the Regulations to an allocation of Credits in the amount(s)
requested in the Application.
This opinion is rendered solely for the purpose of inducing the Virginia Housing
Development Authority ("VHDA") to issue a reservation of Credits to the Owner. Accordingly, it
may be relied upon only by VHDA and may not be relied upon by any other party for any other
purpose.
This opinion vras not prepared in accordance with the requirements of Treasury
Department Circular No. 230. Accordingl5 it may not be relied upon for the purpose of avoiding
U.S. Federal tax penahies or to suppolt the promotion or markøing of the transaction or matters
addressed herein.
V^rc-6rÑ
Tab Y
1. The voucher waiting list that the Authority maintains includes information about
the disability status of family members. Currently, nearly one third of the
families on the waiting list have a disabled household member. This will be the
most immediate and direct method of identiffing qualified families.
4. The Authority has collaborated with the Eastern Shore Center for Independent
Living on an 811 project in the past and maintains close communications. The
CIL is located in Exmore, close to the Mill Run site in Belle Haven. The contact
information is:
Althea Pittman, Executive Director
Eastern Shore Center for Independent Living, Inc.
4364Lankford Highway, Suite A
Exmore, VA 23350
757 4r40100