AGR-7450.6 - MERCY HOUSING CALIFORNIA 107 LP - VILLA ST. JOSEPH 480 S BATAVIA ST - NOTICE OF AFFORDABILITY RESTRICTIONSA g,g-7(+so.b
Attachment 6
Recording Requested by and
When Recorded Mail to:
THE CITY OF ORANGE
300 E. Chapman Avenue
Orange, CA 92866
Attention:
APN: OFFICIAL BUSINESS
Document entitled to free
recording per Government
Code Section 27383
NOTICE OF AFFORDABILITY RESTRICTIONS
NOTICE IS HEREBY GIVEN that pursuant to Health& Safety Code Section 33334.3(f),
the City of Orange is recording this Notice of Affordability Restrictions (hereinafter the"Notice")
with regard to the property located at 480 South Batavia Street, Orange, California, and more
particularly described in Exhibit"A" attached hereto (the "Property").
The Property is subject to an Agreement Containing Covenants (the "Covenants")
recorded concurrently herewith, which restricts the use of the Property as follows:
1) Eighteen(18)Units will be rented exclusively to an Extremely Low Income
Senior Citizen Household at an Affordable Rent as provided in California
Health and Safety Code Section 50106,all consisting of one bedroom Units;
2) Six(6)Units will be rented exclusively to Very Low Income Senior Citizen
Households at an Affordable Rent as provided in California Health and
Safety Code Section 50105, consisting of two (2) studio Units and four (4)
one bedroom Units;
3) Twenty-five (25) Units will be rented exclusively to Low Income Senior
Citizen Households at an Affordable Rent as provided in California Health
and Safety Code Section 50079.5, consisting of four (4) studio Units and
twenty-one(21) one bedroom Units;
4) Eighteen (18) Units will be rented exclusively to households meeting the
twenty percent (20%) income limit under the Extended Use Agreement
recorded against the Property in connection with the Tax Credits, all
consisting of one-bedroom Units;
480 South Batavia Street
Notice of Affordability Restrictions
Page 1
5) Six (6) Units will be rented exclusively to households meeting the thirty
percent (30%) income limit under the Extended Use Agreement recorded
against the Property in connection•with the Tax Credits, consisting of the.
following: (a)two(2) studio Units;and (b) four(4)one-bedroom Units;
6) Thirteen (13) Units will be rented exclusively to households meeting the
forty percent (40%) income limit under the Extended Use Agreement
recorded against the Property in connection with the Tax Credits,consisting
of the following: (a)two(2)studio Units; and(b)eleven(11)one-bedroom
Units; and
7) Twelve (12) Units will be rented exclusively to households meeting the
fifty percent (50%) income limit under the Extended Use Agreement
recorded against the Property in connection with the Tax Credits,consisting
of the following: (a) two (2) studio Units; and (b) ten (10) one-bedroom
Units.
The maximum incomes of eligible tenants under(1), (2) and(3) above will be determined
on the basis of the income limits for Extremely Low Income, Very Low Income and Low'
Income households in the Los Angeles-Long Beach-Anaheim SMSA, published
approximately annually by the California Department of Housing and Community
Development ("HCD"). If HCD discontinues publishing such income limits, the term
Extremely Low Income"will mean a household income that does not exceed 30% of the
area median income, adjusted for family size, the term "Very Low Income" will mean a
household income that does not exceed 50%of the area median income,adjusted for family
size, and the term "Low Income"will mean a household income that does not exceed 70%
of the area median income, adjusted for family size. For the term of the Tax Credits, in no
case will household income exceed applicable Tax Credit income limits.
Rents charged to a tenant will not exceed rents that are affordable to Extremely Low
Income, Very Low Income and Low Income households, as applicable, (as "Affordable
Rent" is defined below). The maximum rents, including a reasonable utility allowance for
utilities and services (excluding telephone) to be paid by Extremely Low Income, Very
Low Income, and Low Income Senior Citizen Households will be the lower of the
maximum rent applicable to Low Income Housing Tax Credits pursuant to the Tax Reform
Act of 1986, as amended, and governed by Section 42 of Internal Revenue Code
requirements for so long as such requirements are applicable or the maximum rent for the (,
applicable income level as set forth below:
a) In the case of an Extremely Low.Income Senior Citizen Household, the
maximum rent will be a rent that does not exceed 30 percent(30%) of thirty
480 South Batavia Street
Notice of Affordability Restrictions
Page 2
percent (30%) of the area median income adjusted for household size
appropriate to the unit, as determined by the California Department of
Housing and Community Development;
b) In the case of a Very Low Income Senior Citizen Household,the maximum
rent will be a rent that does not exceed 30 percent (30%) of fifty percent
50%)of the area median income adjusted for household size appropriate to '
the unit, as determined by the California Department of Housing and
Community Development;
c) In the case of a Low Income Senior Citizen Household, the maximum rent
will be a rent that does not exceed 30 percent (30%) of seventy percent
70%) of the area median income adjusted for household size appropriate to
the unit, as determined by the California Department of Housing and
Community Development; and
d) In the case of a Senior Citizen Household occupying a unit described in
Paragraph(4),(5),(6)or(7)above,the maximum rent will be the maximum
allowable rent under the Extended Use Agreement recorded against the
Property in connection with the Tax Credits.
For the purpose of determining Affordable Rent under Paragraphs (1),'(2) and (3),
household size appropriate to the unit will mean one (1) person in the case of a studio and
two (2)persons in the case of a 1-bedroom unit.
The affordability restrictions imposed on the Property by the Covenants are scheduled to
expire on the date that is fifty-five (55) years after the date of Conversion (i.e., around
20 ).
This Notice is recorded for the purpose of providing notice only and it in no way
modifies the provisions of the Covenants.
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480 South Batavia Street
Notice of Affordability Restrictions
Page 3
J
CITY OF ORANGE, a municipal corporation
of the State of California
By: 1 A1.
an+e\ R_ S\ ex-, M.yor
ATTEST:
Pamela Coleman, City Clerk
i
APPROVED AS TO FORM:
4 _
By:
ity Attorney•
SIGNATURES CONTINUE ON NEXT PAGE]
i
480 South Batavia Street
Notice of Affordability Restrictions
S-1
CONSENT TO RECORDATION
The undersigned, owner of the interest in real property legally described in Exhibit "A" hereto,
hereby consents to the recordation of the foregoing Notice of Affordability against said real
property.
Mercy Housing California 107,L.P.,
a California limited partnership
By: Mercy Housing California 107 LLC,
a California limited liability company,
its general partner
By: Mercy Housing Calwest,
a California nonprofit public benefit
corporation, its sole member/manager
By:
Erika Villablanca,
Vice President
480 South Batavia'Street
Notice of Affordability Restrictions
Consent to Recordation