RELEVANT DEVELOPMENT INFORMATION, Part 2
CHECK ALL AMENTITIES THIS DEVELOPMENT WILL OFFER BELOW: Unit Amenities and Quality. Select All That Apply:
Covered entries
[ 1 Nine-foot ceilings 1
M'icrowave ovens Self-cleaning ovens Ceiling fixtures in all rooms C] Refrigerator with icemaker C] Laundry connections IXI Storage room Laundry equipment (washers and dryers) in each individual unit C] Thirty year architectural shingle roofing IXI Covered patios/balconies Covered parking C] 100% masonry on exterior Greater than 75% masonry C] Use of energy efficient alternative construction materials C] R-15 Walls / R-30 Ceilings (rating of wall system) [ 1 14 SEER HVAC air conditioners, evaporative coolers, or radiant barrier in the attics 1 C] High Speed Internet service provided to all Units at no cost to residents Fire Sprinklers in all Units
Common Amenities. Select All That Apply:
C] Full perimeter fencing
jZi Controlled gate access
Gazebo with sitting area
C] Accessible walkingljogging path
Community laundry room Barbecue grills and picnic tables Covered pavilion that includes barbecue grills and tables C] Swimming pool Furnished fitness center Equipped and finctioning business center or equipped computer learning center Furnished community room Library Enclosed sun porch C Service coordinator office ] Senior activity room Health screening room Secured entry C Horseshoe pit, putting green or shuffleboard court ] Community dining room Children's playscape(s) or Tot Lot(s) Sport court Furnished and staffed children's activity center Community theater room Green building amenities (indicate which below) a. Evaporative coolers b. Passive solar heatingfcooling c. Water conserving features d. Solar water heaters C e. Irrigation and landscaping ] f. Sub-metered utility meters g. Energy Efficiency h. Thermally and draft efficient doors
0
a
(list continues)
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 9% HTC Pre-Application: 1/6/2009 Page 6 of 12
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i. Photovoltaic panels for electricity j. Construction waste management k Recycling service provided throughout the compliance period 1. Water permeable walkways m. Bamboo flooring, wool carpet, linoleum flooring; straw board, poplar OSB; or cotton batt insulation
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 7 of 12
COMPETITIVE HOUSING TAX CREDIT PRE-APPLICATION TAB 3
RELEVANT D E V E L O P M E N T INFORMATION FORM, Part 1 This form, Parts 1 and 2 (pages 1-4) must be completed by the Applicant in its entirety. The information will be utilized by the Department to notify officials required under 549.11(a)(3)(B) of the QAP. Note: The Department is not responsible for notifying Applicants if information contained herein is inaccurate. It is the Applicants' sole responsibility to ensure all information contained in this form is accurate and that any errors identified are corrected and proper re-notifications are made. NOTE: I F A PRE-APPLICATION WAS SUBMITTED, AND THERE IS A CHANGE FROM PRE-APPLICATION TO APPLICATION THAT RESULTS IN A TOTAL UNIT INCREASE O F GREATER THAN lo%, AND INCREASE O F GREATER THAN 10% FOR ANY GIVEN LEVEL O F AMGI, OR A CHANGE IN POPULATION SERVED (FAMILY, ELDERLY OR INTERGENERATIONAL) THE APPLICANT MUST RE-NOTIFY AS REQUIRED BY §49.9(h)(S)(A). Building~Unit Configuration: Detached Residence [XI Duplex 5 units or morelbuilding [ iScattered site Development I Maximum # Floors: 1 # Res. Buildings: 24 Total Units: 58
[ iTriplex I
Single Room Occupancy
[7 Fourplex
Townhome
Elevator-Served: [XINO a y e s # of Non-Res. Buildings: I Total Market Rate Units: Q
Total Site Acreage: 5.30 # Units per Acre: 0.09 Total LI Units: 58
Tenant Services (describe): Home buyer assistance, credit counselina, financial planning assistance or courses, health screening services, health andnutritional courses and youth programs Complete all rent information as applicable to this Application: Average Rent for a 1 bedroom LI Unit: $452.00 Average Rent for a 2 bedroom LI Unit: $680.00 Average Rent for a 3 bedroom LI Unit: $759.00 Average Rent for a 4 bedroom LI Unit: Target Population (check only one) Average Rent for a 1 bedroom MR Unit: Average Rent for a 2 bedroom MR Unit: Average Rent for a 3 bedroom MR Unit: Average Rent for a 4 bedroom MR Unit:
[XI Family
[IElderly I
[IIntergenerational Housing I
Construction Type (check all that apply) New Construction
[XI Rehabilitation (includes reconstruction)
[XI Acquisition
Adaptive Reuse
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 5 of 12
PURCHASE AGREEMENT BETWEEN AHF RURAL SOUTH TEXAS, LLC a Texas limited liability corporation AS SELLER AND AHF DONNA VILLAGE, LTD a Texas limited partnership AS PURCHASER
As of January 6th, 2009
AHF Donna Village, Ltd.
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Agreement") is made to be effective as of the 6th day of January, 2009, (the "Effective Date") by and between AHF RURAL SOUTH TEXAS, LLC, a Texas limited liability corporation, ("Seller"), and AHF DONNA VILLAGE, LTD, a Texas limited partnership ("Purchaser"). WITNESSETH: ARTICLE I PURCHASE AND SALE
1.1 Agreement of Purchase and Sale. Subject to the terms and conditions of this Agreement, Seller agrees to sell and convey and Purchaser agrees to purchase the following:
that certain land located in Hidalgo County, Texas, more particularly described on (a) Exhibit "A" attached hereto, together with all and singular the rights and appurtenances pertaining to such property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (the "Land"). (b) the buildings and other improvements located on the Land (the "Improvements");
any personal property owned by Seller upon the Land or within the Improvements, (c) including specifically, without limitation, heating, ventilation and air conditioning systems and equipment, and other items of personal property owned by Seller used in connection with the operation of the Land and Improvements (the "Personal Property"); all of Seller's right, title and interest in and to any and all leases, rental or other (d) agreements regarding the use and occupancy of any portion of the Land or Improvements (collectively, the "Leases"), and all refundable deposits (collectively, the "Deposits") made by tenants under the Leases and not forfeited to, or applied by, Seller as of the Closing (as defined in Section 4.1 hereof); all of Seller's right, title and interest in and to all assignable contracts and (e) agreements relating to the upkeep, repair, maintenance or operation of the Land, Improvements or Personal Property which will extend beyond the date of Closing (collectively, the "Operating Agreements"); and (i) all warranties and guaranties (express or implied) issued to Seller in connection (f) with the Improvements or the Personal Property; (ii) all licenses, permits, certificates of occupancy and other consents or approvals from governmental authorities or private parties which relate to the Land, Improvements, or Personal Property; (iii) all other intangible property associated with the use or operation of the Land, Improvements or Personal Property, including specifically, without limitation, the use of any and all trade
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names or logos used by Seller in the operation of the Land, Improvements or Personal Property; and (iv) all plans, specifications, drawings, reports, studies, books, records and other documents pertaining to the Land, Improvements or Personal Property (collectively, the "Intangibles"). Proper& Defined. The Land, the Improvements, the Personal Property, the 1.2 Leases, the Deposits and the Intangibles are hereinafter sometimes referred to collectively as the "Property." The Property does not include any personally owned by tenants of the Land or Improvements, or any cash or bank accounts of Seller other than the Deposits. 1.3. Permitted Exceptions. The Property shall be conveyed subject to the matters which are deemed to be Permitted Exceptions pursuant to Section 2.3 of this Agreement (herein referred to collectively as the "Permitted Exceptions"). Purchase Price. Seller is to sell and Purchaser is to purchase the Property for a 1.4 total sum of TWO MILLION FOUR HUNDRED TEN THOUSAND AND 001100 DOLLARS ($2,410,000.00) (the "Purchase Price"). The Purchase Price shall be paid in cash or immediately available funds at Closing. Earnest Money. Within two (2) business days after the Effective Date, Purchaser 1.5 shall deposit with Fidelity National Title Agency, Inc at 260 Three Lincoln Centre, 5430 LBJ Freeway, in Dallas, Texas, 75240 (the "Title Company"), the sum of One Hundred Dollars ($100.00) (the "Earnest Money") to be held by the Title Company as earnest money in accordance with the terms of this Agreement. ARTICLE I1 TITLE AND SURVEY 2.1 Commitment for Title Insurance. Within fifteen (15) days after the Effective Date, Purchaser shall obtain from the Title Company (a) a current title commitment (the "Title Commitment") covering the Property, showing all matters of record affecting title to the Property and binding the Title Company to issue at Closing an Owner's Policy of Title Insurance on the standard form of policy prescribed by the Texas State Board of Insurance in the full amount of the Purchase Price in accordance with Section 2.5 of this Agreement, and (b) copies of all instruments (the "Exception Instruments") referenced in Schedule B and Schedule C of the Title Commitment. 2.2 Survey. Within thirty (30) days after the Effective Date, Purchaser, at Purchaser's sole cost and expense, shall obtain a current survey of the Property (the "Survey") prepared by American National, 4125 State Route 43, Kent, Ohio, 44240. The Survey shall (a) locate all easements (whether of record or apparent fiom inspection of the property) and rights-of-way on or adjacent to the Property (identified by recording data, if applicable), (b) show the Improvements situated on the Land and the dimensions of all buildings thereon, (c) show the location and size of all streets (existing or proposed) on or adjacent to the Property, (d) show any
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encroachments or protrusions, water courses, fences, utilities (including size and location), and other matters located on or affecting the Property (and any recording information relating thereto), (e) set forth the number of square feet comprising the Property, together with a legal description of the boundaries of the Property by metes and bounds, (f) certify that the Property does not lie within the one hundred year flood plain as established by the U.S. Army Corp. of Engineers, and (g) contain a certification by the surveyor in form reasonably acceptable to Purchaser and Purchaser's lender. Title Review Period. After receipt of the last of the Title Commitment, Exception 2.3 Instruments, and Survey, Purchaser shall have a period of fifteen (15) days to review the state of Seller's title to the Property (the "Title Review Period"). If the Survey, the Title Commitment or the Exception Instruments reflect or disclose any defect, exception or other matter affecting the Property (the "Title Defects") that is reasonably unacceptable to Purchaser, then prior to the expiration of the Title Review Period, Purchaser may provide Seller with written notice of its objections, and Seller shall have ten (10) days (the "Cure Period") from the date of the notice to remove or cure any Title Defects to the reasonable satisfaction of Purchaser. Seller shall use its reasonable, good faith efforts to remove or cure the Title Defects to Purchaser's satisfaction, but shall not be required to incur any costs in doing so (other than as provided in Section 2.4 below) or to institute litigation. If Seller does not cure any or all of the Title Defects within the Cure Period, then Purchaser may either waive the Title Defects or terminate this Agreement. Any matter appearing in the Title Commitment, the Exception Instruments, or the Survey that are approved or waived by Purchaser shall be considered to be "Permitted Exceptions." If Purchaser terminates this Agreement pursuant to this section, then neither Seller nor Purchaser shall have any further rights or obligations under this Agreement and the Earnest Money shall be returned to Purchaser. 2.4 Obligation to Cure Liens. Notwithstanding anything to the contrary contained in this Article 11, if at Closing there are any mechanic's or materialmen's liens or mortgages, deeds of trust or other instruments creating a lien for borrowed money against all or any part of the Property, Seller shall apply such portions of the Purchase Price or Seller's funds as may be necessary to discharge the liens of record. 2.5 Owner's Policy of Title Insurance. At Closing, Purchaser shall cause the Title Company to issue to Purchaser an Owner's Policy of Title Insurance (the "Title Policy") covering the Property, in the full amount of the Purchase Price, in the form prescribed by the Texas State Board of Insurance, insuring that Purchaser is the owner of good and indefeasible fee simple title to the Property, subject only to the Permitted Exceptions and the standard printed exceptions. The cost of the Title Policy shall be paid in full by Purchaser, including the base title premium as well as the cost of any modifications of the standard printed exceptions, any special endorsements, and the deletion of the survey exception.
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ARTICLE I11 INSPECTION PERIOD AND ENVIRONMENTAL REPORT Right of Inspection. During the period beginning upon the Effective Date and 3.1 ending at 5 p.m. Central Standard Time, on the sixtieth (60th) day following the Effective Date (the "Inspection Period"), Purchaser shall have the right to make a physical inspection of the Property, to conduct tests on the Property (including, without limitation, structural and environmental tests), to conduct an economic analysis of the Property and the operation of any associated businesses, to review the Leases and the warranties and contracts pertaining to the Property, and to make inquiries to governmental authorities and other appropriate parties, so as to determine, at the sole discretion of Purchaser, whether the Property is suitable to Purchaser. Purchaser agrees to indemnify and hold Seller harmless of and fiom any claim for physical damages or physical injuries arising from Purchaser's inspection of the Property, and notwithstanding anything to the contrary in this Agreement, such obligation to indemnify shall survive Closing or any termination of this Agreement. All inspections shall occur at reasonable times and shall be conducted so as not to unreasonably interfere with the use of the Property by Seller or its tenants. 3.2 Right of Termination. Seller agrees that in the event Purchaser determines, in Purchaser's sole discretion, that the Property is not suitable for its purposes, or that it is in the interest of Purchaser to terminate this Agreement for any other reason, then Purchaser shall have the right to terminate this Agreement by sending written notice (the "Notice of Termination") to Seller prior to the expiration of the Inspection Period. Upon delivery by Purchaser of the Notice of Termination within the Inspection Period, this Agreement shall terminate and the Earnest Money shall be returned to Purchaser. If Purchaser fails to send Seller a Notice of Termination prior to the expiration of the Inspection Period, this Agreement shall continue in h l l force and effect. ARTICLE IV CLOSING 4.1 Time and Place. Unless otherwise mutually agreed in writing between Seller and Purchaser, the Closing of the transaction contemplated hereby ("Closing") shall be held at the Title Company on or before August 31st, 2009 (the "Closing Date"). At Closing, Seller and Purchaser shall perform the obligations set forth in, respectively, Section 4.2 and Section 4.3, the performance of which obligations shall be concurrent conditions. 4.2 Seller's Obligations at Closing. At Closing, Seller shall:
deliver to Purchaser a Special Warranty Deed (the "Deed") in the form of Exhibit (a) "B" attached hereto, executed and acknowledged by Seller and in recordable form, conveying the Land and Improvements to Purchaser, subject only to the Permitted Exceptions;
AHF Donna Village, Ltd.
execute and deliver to Purchaser a Bill of Sale and Assignment (the "Bill of Sale") (b) conveying the Personal Property and Intangibles, if any, to Purchaser; join with Purchaser in the execution of a letter to the tenants under the Leases, (c) informing the tenants of the change in ownership; execute and deliver to Purchaser a FIRPTA Affidavit in the form of Exhibit "C" (d) attached hereto; deliver to Purchaser the original Leases, Operating Agreements and other (e) documents described in Section 1.1 of this Agreement, and execute and deliver to Purchaser an Assignment and Assumption of Contracts in the form of Exhibit "D" attached hereto; deliver to Purchaser such evidence as Purchaser's counsel and the Title Company (f) may reasonably require as to the authority of the person or persons executing documents on behalf of Seller; deliver to Purchaser possession and occupancy of the Property, subject to the (g) Permitted Exceptions; (h) deliver to Purchaser the Deposits; and
deliver to Purchaser a "Bills Paid Affidavit" verifying that there are no unpaid (i) bills, expenses, or claims with respect to the Property and indemnifying Purchaser from any loss, liability or expense resulting from or incident to any such matters. 4.3 Purchaser's Obligations at Closing. At Closing, Purchaser shall:
pay to Seller the Purchase Price in cash or immediately available funds, it being (a) agreed that at Closing the Earnest Money shall be delivered to Seller and applied towards payment of the Purchase Price; (b) join Seller in execution of the letters described in Section 4.2(c) above;
join Seller in execution of the Assignment and Assumption of Contracts described (c) in Section 4.2(e) above; and deliver to Seller such evidence as Seller's counsel and the Title Company may (d) reasonably require as to the authority of the person or persons executing documents on behalf of Purchaser.
4.4 Credits and Prorations. The following provisions shall govern the apportionment of income and expenses with respect to the Property between Seller and Purchaser:
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Real estate taxes and assessments and personal property taxes for the Property for (a) the year of closing shall be prorated between Seller and Purchaser at Closing. If the Closing shall occur before the amount of taxes is fixed, the apportionment of taxes shall be made based upon 100% of the tax rate for the preceding year, applied to the latest assessed valuation of the Property. Upon receipt of the actual tax bill for the Property, the proration of taxes made at Closing shall be subject to adjustment pursuant to Section 4.4(d) below. All charges for utilities and operating expenses incurred to operate the Property (b) shall be prorated between Seller and Purchaser at Closing. Before Closing, Seller shall pay all utilities and operating costs that have been billed to Seller. To the extent invoices for utility and operating costs relating to the Property are received by Purchaser or Seller after Closing, such costs shall be paid outside of Closing but prorated between Purchaser and Seller as of the Closing Date. Rents shall be prorated between Seller and Purchaser based upon the rental (c) actually collected under the Leases. All prepaid rent and other income from the Property shall be credited to Purchaser at Closing, to the extent the prepayments are attributable to a period of time after Closing. The prorations described in this Section 4.4 shall be made as of 12:Ol a.m. on the (d) Closing Date, as if Purchaser were vested with title to the Property during the entire day upon which Closing occurs. All prorations described in this Section 4.4 shall be effected by increasing or decreasing, as the case may be, the amount of cash to be paid by Purchaser to Seller at Closing. Seller and Purchaser agree to adjust between themselves after Closing any errors or omissions in the prorations made at Closing. Closing Costs. (a) Seller shall pay (i) the fees of any counsel representing it in 4.5 connection with this transaction; (ii) the fees for recording the deed conveying the Property to Purchaser; and (c) one-half (112) of any escrow fees which may be charged by the Title Company. (b) Purchaser shall pay (i) the fees of any counsel representing Purchaser in connection with this transaction; (ii) Purchaser's inspection costs and expenses; (ii) the cost of the Title Policy and the Survey; and (iv) one-half (112) of any escrow fees charged by the Title Company. All other costs and expenses incident to this transaction and the Closing thereof shall be paid by the party incurring the costs and expenses. ARTICLE V REPRESENTATIONS, WARRANTIES AND COVENANTS 5.1 Representations and Warranties of Seller. Seller represents and warrants to Purchaser as follows: Seller has the full right, power and authority to enter into this Agreement and to (a) perform all of its obligations under this Agreement, and the execution and delivery of this Agreement and the performance by Seller of its obligations under this Agreement require
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no further action or approval of Seller's partners or of any other person in order to constitute this Agreement as a binding and enforceable obligation of Seller. The Property is not in violation of any governmental order, regulation, statute, (b) code or ordinance dealing with the use, construction, operation, safety or maintenance thereof, and all existing zoning and building codes and other applicable laws and governmental regulations permit the operation of the Property in accordance with its present usage. There has been no written demand by any mortgagee, insurance underwriter or (c) governmental authority for work to be done or other action to be taken by Seller which has not been complied with to the satisfaction of the entity making such demand. There is no pending condemnation, expropriation, eminent domain, litigation, (d) administrative action or other legal proceeding that would materially affect the Property, and Seller has not received any written or oral notice of any of the foregoing actions and has no knowledge that any such proceeding is contemplated. The Leases are in full force and effect and no default on the part of Seller under (e) any of the Leases exists or has been alleged to exist. All repairs, alterations, and other work required to be performed by Seller under the Leases have been fully performed and paid for in full by Seller. All obligations of Seller arising from the ownership and operation of the Property, (f) including but not limited to salaries, taxes, charges, operating expenses and the like, have been paid as they became due or will be paid at or prior to Closing. Except for obligations for which provisions are made in this Agreement for proration or other adjustment at Closing or that will be fulfilled at Closing, there will be no obligations of Seller with respect to the Property outstanding as of the Closing Date. This Agreement and the conveyance of the Property will not cause to be imposed (g) on Purchaser any liability to withhold any amount pursuant to Section 1445 of the Internal Revenue Code or the implementing regulations. Seller has not disposed of or otherwise released or allowed to be released any (h) hazardous or toxic substances, petroleum products, chemicals, or wastes of any kind on, in, or under the Property, including any surface water or ground water located on or under the Property, nor has Seller caused or allowed to be released or discharged any hazardous or toxic substances, petroleum products, chemicals, or wastes of any kind on, in, or under any tracts in proximity to the Property including the surface or ground waters thereof. To Seller's knowledge, there are no hazardous or toxic substances, petroleum products, chemicals, or wastes on, in or under the Property, including surface or ground waters, regardless of source or cause, and there are no underground storage tanks on the Property.
5.2
Covenants of Seller. Seller covenants with Purchaser as follows:
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So long as this Agreement remains in effect, Purchaser will be allowed access to (a) the Property and the books and records related to the Property under the terms and conditions set forth in Section 3.1 of this Agreement. After the Effective Date and before the Closing, no part of the Property, nor any (b) interest therein, will be alienated, liened, encumbered or otherwise transferred. Pending Closing, Seller shall operate and manage the Property in a normal (c) businesslike manner, maintaining present services and insurance policies, and shall maintain the Property in good repair and working order, and shall perform when due, all of Seller's obligations under the Leases and other contracts affecting the Property and otherwise in accordance with applicable laws, ordinances, rules and regulations affecting the Property. Seller has paid or will pay in full, prior to Closing, all bills and invoices for labor, (d) goods, materials and services of any kind with respect to the Property relating to the period prior to Closing. Seller shall promptly notify Purchaser of any change in any condition with respect (e) to the Property or of any event or circumstance which makes any representation or warranty of Seller to Purchaser under this Agreement untrue or misleading, or any covenant of Seller under this Agreement incapable or less likely of being performed. Representations and Warranty of Purchaser. Purchaser represents and warrants to 5.3 Seller that Purchaser has the full right, power and authority to enter into this Agreement and to carry out and perform all of its obligations under this Agreement, and the execution and delivery of this Agreement and the performance by Purchaser of its obligations under this Agreement requires no further action or approval of Purchaser's partners or of any other person in order to constitute this Agreement as a binding and enforceable obligation of Purchaser.
5.4
Survival of Obligations. Seller and Purchaser agree as follows:
The representations and warranties made by Seller in this Agreement shall be (a) continuing and shall be deemed to be made by Seller as of the Closing Date with the same force and effect as if made at and as of that time. All representations, warranties, and covenants made by Seller in this Agreement shall survive Closing for a period of one (1) year. Seller shall indemnify and hold Purchaser free and harmless from and against all losses, costs, damages, and expenses of every kind and nature whatsoever (including reasonable attorneys' fees and costs) sustained by Purchaser as a result of or arising out of (i) any breach of any representation, warranty or covenant made by Seller in this Agreement, (ii) Seller's ownership or operation of the Property prior to the Closing Date, or (iii) Seller's failure to retain adequate reserves for the return of the Security Deposits.
AHF Donna Village, Ltd.
The representations and warranties made by Purchaser in this Agreement shall be (b) continuing and shall be deemed to be made by Purchaser as of the Closing Date with the same force and effect as if made at and as of that time. All representations and warranties and covenants of Purchaser shall survive Closing for a period of one (1) year. Purchaser shall indemnify and hold Seller free and harmless from and against all losses, costs, damages, and expenses of every kind and nature whatsoever (including reasonable attorneys' fees and costs) sustained by Seller as a result of or arising out of (i) any breach of any representation or warranty or covenant made by Purchaser, or (ii) Purchaser's ownership or operation of the Property after the Closing Date. ARTICLE VI CONDITIONS PRECEDENT TO THE CLOSING 6.1 Conditions Precedent to Purchaser. In addition to all other conditions set forth in this Agreement, Purchaser's obligation to consummate the Closing is subject to the satisfaction of each and every one of the conditions precedent set forth in this section 6.1 (all of which are for the sole benefit of Purchaser): All representations of Seller set forth in Section 5.1 shall be true, correct and (a) complete in all material respects as of the Effective Date and shall be true, correct and complete in all material respects as of the Closing Date; Seller shall have performed in all material respects all obligations required to be (b) performed by Seller under this Agreement prior to or in connection with the Closing; and Purchaser shall have received an allocation of tax credits from Texas Department (c) of Housing and Community Affairs sufficient to finance its purchase of the Property. 6.2. Conditions Precedent of Seller. In addition to all other conditions set forth in this Agreement, Seller's obligation to consummate the Closing is subject to the satisfaction of each and every one of the conditions precedent set forth in this Section 6.2 (all of which are for the sole benefit of Seller): All representations of Purchaser set forth in Section 5.3 shall be true, correct and (a) complete in all material respects as of the Effective Date and shall be true, correct and complete in all material respects as of the Closing Date; Purchaser shall have performed in all material respects all obligations required to (b) be performed by Purchaser under this Agreement prior to or in connection with the Closing; and Purchaser shall have received an allocation of tax credits from Texas Department (c) of Housing and Community Affairs sufficient to finance its purchase of the Property.
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Failure of Condition Precedent. Upon the failure of any of the foregoing 6.3 conditions precedent, the party benefitted by such failed condition shall have the option to (a) waive the condition precedent and proceed to Closing, or (b) terminate this Agreement by sending written notice to the other party, on or before the date of Closing, in which event the Earnest Money shall be returned to Purchaser. ARTICLE VII DEFAULT Default by Purchaser. In the event that Purchaser fails to consummate this 7.1 Agreement for any reason, except Seller's default or the permitted termination of this Agreement by either Seller or Purchaser as herein expressly provided, Seller shall be entitled, as its exclusive remedy, to terminate this Agreement by giving written notice to Purchaser and receive the Earnest Money as liquidated damages for the breach of this Agreement, it being agreed between the parties hereto that the actual damages to Seller in the event of such breach are impractical to ascertain and the amount of the earnest money is a reasonable estimate thereof. Default by Seller. In the event that Seller fails to consummate this Agreement for 7.2 any reason, except Purchaser's default or the permitted termination of this Agreement by Seller or Purchaser as herein expressly provided, Purchaser shall be entitled, as its exclusive remedies, either (i) to terminate this Agreement by giving written notice thereof to Seller, whereupon neither party shall have any further rights or obligations under this Agreement and the Earnest Money shall be returned to Purchaser, or (ii) to enforce specific performance of Seller's obligations under this Agreement. ARTICLE VIII RISK OF LOSS 8.1 Minor Damage. Until Closing, full risk of loss shall remain with Seller. In the event of loss or damage to the Property or any portion of the Property which is not "major" (as hereinafter defined), this Agreement shall remain in full force and effect provided Seller performs any necessary repairs or, at Seller's option, reduces the cash portion of the Purchase Price in an amount equal to the cost of such repairs, Seller thereby retaining all of Seller's right, title and interest to any claims and proceeds Seller may have with respect to any casualty insurance policies or awards relating to the loss. In the event that Seller elects to perform repairs upon the Property, Seller shall use reasonable efforts to complete such repairs promptly and the date of Closing shall be extended a reasonable time in order to allow for the completion of the repairs. 8.2 Major Damage. Within ten (10) days after Seller has notified Purchaser in writing that there has been a "major" loss or damage, Purchaser shall send written notice to Seller that Purchaser is either (a) terminating this Agreement, in which event the Earnest Money shall be returned to Purchaser, or (b) proceeding with Closing, in which event this Agreement shall remain in effect, provided that the Purchase Price shall be reduced by an amount equal to the cost of repairing the Property to its condition prior to the occurrence of the major loss or damage and
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Seller shall retain any insurance proceeds relating to the damage. Upon Closing, full risk of loss with respect to the Property shall pass to Purchaser. For purposes of Sections 8.1 and 8.2, "major" loss or damage refers to the following: (i) loss or damage to the Property such that the cost of repairing or restoring the Property to a condition substantially identical to that of the Property prior to the event of damage would be, in the certified opinion of a mutually acceptable architect, equal to or greater than Fifty Thousand and No1100 Dollars ($50,000.00), and (ii) any loss due to a condemnation. ARTICLE IX COMMISSIONS 9.1 Brokerage Commissions. Each party represents to the other that it has not engaged the services of a real estate broker or real estate agent in connection with the subject transaction. Each party agrees that should any claim be made for brokerage commissions or finder's fees by any broker or finder by, through or on account of any acts of such party or its representatives, the party will hold the other party free and harmless from and against any and all loss, liability, cost, damage and expense in connection therewith. The provisions of this paragraph shall survive Closing. ARTICLE X MISCELLANEOUS 10.1 Assignment. Purchaser shall have the right to assign its rights under this Agreement without the consent of Seller, but Purchaser shall remain liable for the performance of its obligations under this Agreement if the obligations are not performed by the assignee. 10.2 Title Policy or Abstract. The Texas Real Estate License Act requires written notice to Purchaser that it should have an attorney examine an abstract of title to the Property being purchased or obtain a title insurance policy. Notice to that effect is, therefore, given to Purchaser. 10.3 Notices. Any notice pursuant to this Agreement shall be given in writing by (a) personal delivery, or (b) expedited delivery service with proof of delivery, or (c) United States Mail, postage prepaid, registered or certified mail, return receipt requested, sent to the intended addressee at the address set forth below, or to such other address or to the attention of such other person as the addressee shall have designated by written notice, and shall be deemed to have been given either at the time of personal delivery, or, in the case of expedited delivery service or mail, as of the date of first attempted delivery at the address and in the manner provided herein. Unless changed in accordance with the preceding sentence, the addresses for notices given pursuant to this Agreement shall be as follows:
AHF Donna V i l l a g e , L t d .
If to Seller:
AHF Rural South Texas, LLC Attention: Steve W. Sterquell 1800 S. Washington Street, Suite 3 11 Amarillo, Texas 79 102 AHF Donna Village, Ltd. Attention: Steve W. Sterquell 1800 S. Washington Street, Suite 3 11 Amarillo, Texas 79 102
If to Purchaser:
10.4 Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday under the laws of the State of Texas, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. 10.5 Agreement. Time of Essence. Seller and Purchaser agree that time is of the essence of this
10.6 Successors and Assigns. The terms and provisions of this Agreement are to apply to and bind the permitted successors and assigns of Purchaser and Seller.
10.7 Entire Agreement. This Agreement, including the Exhibits, contains the entire agreement between the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and understandings between the parties pertaining to such subject matter. 10.8 Further Assurances. Each party agrees that it will without further consideration execute and deliver such other documents and take such other action, whether prior or subsequent to Closing, as may be reasonably requested by the other party to consummate more effectively the purposes or subject matter of this Agreement. 10.9 Attorneys' Fees. In the event of any controversy, claim or dispute between the parties affecting or relating to the subject matter or performance of this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party all of its reasonable expenses, including reasonable attorneys' fees. 10.10 Severabilitv. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect. 10.11 Applicable Law. THIS AGREEMENT IS PERFORMABLE IN POTTER COUNTY, TEXAS, AND SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. SELLER AND PURCHASER HEREBY IRREVOCABLY SUBMIT TO THE
AHF Donna Village, Ltd.
13
JURISDICTION OF ANY STATE COURT SITTING IN POTTER COUNTY, TEXAS, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND HEREBY IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED IN A STATE COURT SITTING IN POTTER COUNTY, TEXAS. SELLER AND PURCHASER AGREE THAT THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT. 10.12 No Third Par& Beneficiarv. The provisions of this Agreement and of the documents to be executed and delivered at Closing are and will be for the benefit of Seller and Purchaser only and are not for the benefit of any third party, and accordingly, no third party shall have the right to enforce the provisions of this Agreement or of the documents to be executed and delivered at Closing. 10.13 Exhibits and Schedules. The following exhibits attached hereto shall be deemed to be an integral part of this Agreement: (a) (b) (c) (d) Exhibit A - Legal Description Exhibit B - Form of Special Warranty Deed Exhibit C - FIRPTA Affidavit Exhibit D - Assignment and Assumption of Contracts
10.14 Captions. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection of this Agreement. 10.15 Construction. Seller and Purchaser acknowledge that they and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments to this Agreement. 10.16 Marketing of Property. During the Inspection Period, Seller shall cease marketing the Property for sale and shall negotiate exclusively with Purchaser for the sale of the Property.
AHF Donna V i l l a g e , L t d .
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement to be effective as of the Effective Date. SELLER: Executed by Seller the 6th day of January, 2009 AHF RURAL SOUTH TEXAS, LLC, a Texas limited liability corporation
By:
PURCHASER: Executed by Purchaser the 6th day of January, 2009 AHF DONNA VILLAGE, LTD, a Texas limited partnership
AHF Donna V i l l a g e , L t d .
ACKNOWLEDGMENT BY TITLE COMPANY hereby agrees to perform its obligations under this Agreement and acknowledges receipt of a fully executed copy of this Agreement on the day of January, 2009. Fidelity National Title Agency, Inc.
By: Name: Title:
ACKNOWLEDGMENT BY TITLE COMPANY hereby agrees to perform its obligations under this Agreement and acknowledges receipt of Earnest Money from Purchaser in the amount of day of January, 2009. One Hundred and No1100 Dollars ($100.00) on the Fidelity National Title Agency, Inc. By: Name: Title:
AHF Donna Village, Ltd.
EXHIBIT "A"
LEGAL DESCRIPTION
AHF
Donna V i l l a g e , L t d .
Schedule A [Legal DescriptionJ
A 5.03 acre &act of land, more or less, being all of Lot One (I), Block Ninefytwo (921, Lott Town and Improvement Company Land, City of Donua, Bidalgo County, Texas, as per map or plot thereof recorded in Volume 0, Pages 56 and 57, Map Records, Hidalgo County, Texas, being mom particularly described by metes and bounds as follows:
BEGINNING at a ?4inch iranpipe found at the intersection of the So11t.hboundary of Silver Avenue with the East boundary of South Third Street for.the Northwest: comer of said Lot 1 and the Northwest corner of hi survey; is
THENCE, North 89 degracs 5 1 m n t s East, with said South boundary of Silver iue Avenue, parallel to the ceuterline thereof and 30 Wet distwt therefrom measured at right angles thereto, 350 feet to a Z/r inch iron pipe found at the common fiont corner of said Lot 1 and Lot 2, Block 92 for the Northeast comer of h i s survey wbich comer is also the Northwest corner of Balli-Guzman Subdivision a map of wbich is recorded in Volume 16, Page 47, Map Records, Hidalgo County, Texas;
THENCE, South 00 degrees 09 minutes B a t with the West boundary ;line of BalliGuzman Subdivision which is also the West boundaryof a 30 foot alley, 660.0 fbet to a ?4 $rich iron pipe found at the Southwest comer of said Bdli-Guzman Subdivision for the common rear corm of said Lots I m 2 and the Southeast corner of this survey; d
T)XENCE, South 89 degrees 51 minutes West, with the common boundary of Lots 1 and 4, Block 92,350.0 feet to a '/2 inch iron pipe fouad at their cornman comer on the East boundary of South Third Street for the Southwest comer of this swvey;
TFENCE, North 00 de$rei?s 09 minutes West, with the Bast boundary of South Third Street, parallel to the centerline thereof aad 30 feet distant therefrom, measured at xight angles thereto, 660.0 feetto,thePLACE OF BEGINNING, containing 5.303 acres of land, m r or less. oe
EXHIBIT "B" SPECIAL WARRANTY DEED
STATE OF TEXAS COUNTY OF
8 8
§
KNOW ALL PERSONS BY THESE PRESENTS:
THAT ,a (herein referred to as "Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) in hand paid to Grantor by (herein referred to as "Grantee"), whose , a mailing address is , and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED unto Grantee that certain tract of real property located in County, Texas, more particularly described on Exhibit A attached hereto and made a part hereof for all purposes, together with all buildings and improvements thereon, and all rights and appurtenances pertaining thereto, including, but not limited to, all rights on and to roads, rights-of-way, easements, rights of ingress and egress, water rights, rights to the present and future use of wastewater, drainage and other utility facilities pertaining or benefiting the property and improvements, and all of Grantor's mineral interests of any kind or character (hereinafter referred to collectively as the "Property"). This Special Warranty Deed and the conveyance hereinabove set forth is executed by Grantor and accepted by Grantee subject to the matters described in Exhibit B attached hereto and incorporated herein by this reference, to the extent the same are validly existing and applicable to the Property (hereinafter referred to collectively as the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever, subject to the matters herein stated; and Grantor does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever l a f i l l y claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise, subject to the Permitted Exceptions. Grantor warrants and represents that all ad valorem taxes and assessments on the Property for the year 2009 and all prior years have been fully paid.
AHF Donna Village, Ltd.
EXECUTED to be effective as of the GRANTOR: mame of Seller], By: Name: Title:
day of
,2009.
THE STATE OF COUNTY OF
0 0 0
BEFORE ME, the undersigned authority, on this day personally appeared of , a , known to me to be the person and whose name is subscribed to the foregoing instrument, who acknowledged to me that, being duly authorized so to do, he executed the same for the purposes and consideration therein expressed and in the capacity therein stated for and on behalf of said
9
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ,2009.
day of
Notary Public in and for the State of Texas My commission expires:
AHF Donna Village, Ltd.
EXHIBIT "C"
FIRPTA AFFIDAVIT
STATE OF TEXAS COUNTY OF
0
9
KNOW ALL MEN BY THESE PRESENTS:
0
Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform ("Transferee"), that withholding of tax is not ,a required upon the disposition of a U.S. real property interest by ("Transferor"), the undersigned hereby certifies as follows: 1. Transferor is not a foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); Transferor's U.S. employer identification number is: # Transferor's office address is
2.
,
3.
,
Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, the undersigned, in the capacity set forth below, hereby declares that he has examined this certification and to the best of his knowledge and belief it is true, correct, and complete, and the undersigned further declares that he has authority to sign this document in such capacity. EXECUTED effective as of the day of ,2009.
By: Name: Title:
AHF Donna Village, L t d .
SWORN TO AND SUBSCRIBED BEFORE ME this
day of
7
Notary Public in and for the State of Texas Printed or Typed Name of Notary My Commission Expires:
AHF Donna Village, Ltd.
EXHIBIT "D" ASSIGNMENT AND ASSUMPTION OF CONTRACTS THE STATE OF TEXAS COUNTY OF
3 3 KNOW ALL MEN BY THESE PRESENTS: 3
OF CONTRACTS (this ("Assignor"), and
THAT this ASSIGNMENT AND ASSUMPTION "Assignment") is made by and between ("Assignee"). RECITALS
Concurrently with the execution and delivery of this Assignment, Assignor is A. conveying to Assignee by Special Warranty Deed (the "Deed") that certain tract of land (the "Land") more specifically described in Exhibit A attached hereto and made a part hereof for all purposes, together with the improvements located thereon to the extent owned by Assignor (the "Improvements") and the personal property owned by Assignor upon the Property or within the Improvements (the "Personal Property"). Assignor desires to assign, transfer and convey to Assignee, and Assignee desires B. to obtain, all of Assignor's right, title and interest in and to the Contracts (as hereinafter defined), subject to the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the sum of Ten and No1100 Dollars ($10.00) and other good and valuable consideration to Assignor in hand paid by Assignee, the receipt and sufficiency of which are hereby acknowledged, Assignor does hereby SELL, ASSIGN, CONVEY, TRANSFER, SET-OVER and DELIVER unto Assignee all of Assignor's right, title and interest in and to the following (the "Contracts"): (a) All oral or written agreements pursuant to which any portion of the Land or Improvements is used to occupied by anyone other than Assignor (collectively, the "Leases"); and The contracts relating to the upkeep, repair, maintenance or operation of the Land, Improvements or Personal Property that are listed on Exhibit "B" attached hereto and made a part hereof.
(b)
This Assignment is made by Assignor and accepted by Assignee subject to the "Permitted Exceptions" described in the Deed, to the extent the Permitted Exceptions are validly existing and affect the Contracts. Assignor represents to Assignee that Assignor has Eull right, power and authority to assign the Contracts to Assignee.
AHF Donna Village, Ltd.
22
By execution of this Assignment, Assignee assumes and agrees to perform all of the covenants, agreements and obligations under the Contracts binding on Assignor or the Land, Improvements, or Personal Property, as such obligations shall arise or accrue from and after the date of this Assignment. Assignee hereby agrees to indemnify, hold harmless and defend Assignor from and against any and all third party obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to any of the obligations under the Contracts assumed by Assignee that are attributable to the period of time from and after the date of this Assignment.
Assignor agrees to indemnify, hold harmless and defend Assignee from and against any and all third party obligations, liabilities, costs and claims (including reasonable attorney's fees) arising as a result of or with respect to the Contracts that are attributable to the period of time prior to the date of this Assignment.
TO HAVE AND TO HOLD all and singular the Contracts unto Assignee, its successors and assigns, and Assignor does hereby bind itself and its successors to WARRANT AND FOREVER defend all and singular the Contracts unto Assignee, its successors and assigns, against every person whomsoever lawfully claiming or attempting to claim the same, or any part thereof, by, through or under Assignor, but not otherwise, subject to the Permitted Exceptions described in the Deed. EXECUTED to be effective as of the
ASSIGNOR:
day of
,2009.
By:
,Its
ASSIGNEE:
By:
,Its
(Add Acknowledgments)
AHF Donna V i l l a g e , ~ t d .
PART B: HTC PRE-APPLICATION SELF-SCORING FORM Instructions: Complete the following form and indicate all points requested for this Application. No evidence is required to substantiate these points at Pre-Application, and specific point requests may change from Pre-Application to Application without penalty. Note: the Department will not check the accuracv of any ~ o i nreauest. The Final Pre-Application Score awarded by the Department will equal t the Total Pre-Application Score Requested (below), regardless of the specific point requests. The Applicant may not make any changes to the Total Pre-Application Score Requested unless specifically requested to do so by the Department in an administrative deficiency, pursuant to §49.9(h)(15).
949.9(i)
Point Category Length of Affordability Period (4 Points Maximum)
Yolnts Requested
(2 1)
4
4
(22)(A) Site Characteristics (4 Points) (22)(B) Negative Site Features (Maximum of -6 Points) (23) (24) (25) (26) (27) (28) (29)
Development Size (3 Points) Qualified Census Tracts with Revitalization (1 Point) Sponsor Characteristics (2 Points) Projects Intended for Eventual Tenant Ownership - Right of First Refusal (1 Point) Leveraging of Private, State, and Federal Resources (1 Point) Third-Party Funding Commitment Outside of Qualified Census Tracts (1 Point) Scoring Criteria Imposing Penalties (-6 Points for Part A and -3 Points for each removal under Part B)
1
Total Points Requested:
127
(NOTE: with the exception of TRDO-USDA Applications, must score a minimum of 118 points to be eligible for a'n allocation of Housing Tax Credits. Points added o r deducted pursuant to @49.9(i)(2), (i)(6), and (i)(18) are not included in this calculation.)
I acknowledge that this form may not be re-submitted to the Department without a specific request for a revised form from the Department. I also acknowledge that pursuant to the 2009 QAP, any documentation submitted to the Department after Application submission in response to a Deficiency Notice could affect eligibility for points, to the extent that the review of Administrative Deficiency documentation alters the score assigned to the Application.
I
Title
Date
COMPETITIVE HOUSING TAX CREDIT PRE-APPLICATION TAB 1
PART A: COMPETITIVE HTC PRE-APPLICATION SUBMISSION FORM
FILE NUMBER
(assigned by TDHCA)
The undersigned hereby makes Pre-Application to TDHCA for the HTC Program. The Applicant has read and understands the Pre- Application instructions, has read and understands §49.9(c), Adherence to Obligations, of the 2009 Qualified Allocation Plan and Rules, and certifies that all information herein is true and correct to the best of their knowledge and belief. By signing this document, Applicant is affirming that all statements and representations made in this document are true and correct under penalty of Chapter 37 of the Texas Penal Code titled Perjury and Other Falsification and subject to criminal penalties as defined by the State of Texas. TEX. PENAL CODE ANN. $537.01 et seq. (VERNON 2003 & SUPP. 2007).
I certify that all the information provided regarding notifications is correct a t the time that this pre-application is submitted and all of the required entities were notified as required by §49.8(d)(3)(B) of the QAP. I understand that the Department is not responsible for notifying me of any errors identified in the information provided. I also certify that all notifications were made in the format outlined in the template, Neighborhood Organization Request Format and Public Notifications Format (Written). By:
1.
DEVELOPMENT INFORMATION: Development Name: Donna Village Development Address: 301 Silver Ave. Development City: Donna
Region: Zip: 78537 Countv: Hidalgo
11
2.
SET ASIDE INFORMATION: (Check all Set-Asides for which the Pre-Application is being submitted) IXI Nonprofit Set-Aside C] At-Risk Set-Aside ALLOCATION INFORMATION: (Check all Allocations for which the Pre-Application is being submitted) Rural Allocation If Rural: C] USDA Allocation C] Urban Allocation UNITS Total Low Income Units: 58 Total Market Rate Units: Q Total Units (Low Income and Market Rate): 2 TARGET POPULATION Family
3.
4.
5.
Elderly $ 2 1 1,459
C] Intergenerational
6.
7.
CREDITS BEING REQUESTED:
NAME and ADDRESS of OWNERSHIP ENTITY Entity Name: AHF Donna Village. Ltd. Contact: Steve Sterquell City: Amarillo State: ZIP: Mailing Address: 1800 S. Washington, #3 11 Ext: Fax: (806) 350-7688 Phone: (806) 372-7500 Email: steve@,americanhousin~.org
79102
Second Person to contact regarding questions relating to the Application: Contact: Pam McDonald Phone: (806) 372-7500 Email: pam@,americanhousina.org Fax: (806) 350-7688
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 2 of 12
PUBLIC NOTIFICATIONS INFORMATION FORM (Pages 1-4)
COMPLETE THE FOLLOWING FOR ALL OF THE ENTITIES BELOW WHICH HAVE BEEN NOTIFIED PURSUANT TO §49.8(d)(3) OF THE 2009 QAP. THE FORM MUST BE SIGNED BY THE APPLICANT OR AUTHORIZED SIGNER. NOTE: THE DEPARTMENT IS NOT RESPONSIBLE FOR NOTIFYING APPLICANTS IF INFORMATION CONTAINED HEREIN IS INACCURATE. IT IS THE APPLICANTS' SOLE RESPONSIBILITY TO ENSURE ALL INFORMATION CONTAINED IN THIS FORM IS ACCURATE AND THAT ANY ERRORS IDENTIFIED ARE CORRECTED AND PROPER RE-NOTIFICATIONS ARE MADE. NOTE: IF A PRE-APPLICATION WAS SUBMITTED AND THERE HAS BEEN A CHANGE FROM PREAPPLICATION TO APPLICATION THAT RESULTED IN A CHANGE TO A LOCAL ELECTED OFFICIAL, THE APPLICANT MUST RE-NOTIFY AS REQUIRED BY §49.9(h)(8)(A). ALL CHANGES FROM PRE-APPLICATION TO APPLICATION MUST BE DETAILED BELOW. US REPRESENTATIVE: Name: Ruben Hinoiosa District #: 15 STATE SENATOR: Name: Eddie Lucio District #: 27 STATE REPRESENTATIVE: Name: Armando Martinez District #: 39 CITY MAYOR: Name: David S. Simmons COUNTY JUDGE: Name: J.D. Salinas, 111 SUPERINTENDENT OF THE SCHOOL DISTRICT: Name: Roberto F. Loredo School District: Address: 116 N. 1 0 St. ~ City: Donna Phone: f956) 464-1642 Fax: f ) -
Donna ISD State:
ZIP:
78537
PRESIDING OFFICER OF BOARD TRUSTEES FOR SCHOOL DISTRICT: Name: Alfkedo Luao School District: Donna ISD Address: 116 N. 10th St. City: Donna State: Phone: (956) 464-1642 Fax: 0 -
ZIP:
78537
CITY COUNCIL MEMBERS: THE DEVELOPMENT IS LOCATED IN A: Single Member District At Large District Both Single Member and At Large District
17
IF SINGLE MEMBER DISTRICT, LIST THE COUNCIL PERSON FOR THE DEVELOPMENT DISTRICT BELOW: Name: Address: State: ZIP: Phone: Fax:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 8 of 12
PUBLIC NOTIFICATIONS INFORMATION FORM (PAGE 2)
LIST ALL CITY COUNCIL MEMBERS (APPLICANT MAY ATTACH A PRINTOUT LISTING ALL COUNCIL MEMBERS FOR THIS ITEM):
Name: Frank Garza Address: 307 S. 1 2 St. ~ Phone: (956) 464-3314 Name: Guadaluwe Castillo Address: 307 S. 12th St. Phone: (956) 464-3314 Name: Elov Avila Address: 307 S. 12th St. Phone: (956) 464-3314 Name: Simon Sauceda Address: 307 S. 12th St. Phone: (956) 464-33 14
Fax:
District #: City: Donna (956) 464-9923 District #: City: Donna (956) 464-9923 District #: City: Donna (956) 464-9923 District #: City: Donna (956) 464-9923
State:
ZIP:
78537
State:
TX
ZIP:
78537
Fax:
State:
a a
ZIP:
78537
Fax:
State:
ZIP:
78537
Fax:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 9 of 12
PUBLIC NOTIFICATIONS INFORMATION FORM (PAGE 3)
COUNTY COMMISSIONERS: THE DEVELOPMENT IS LOCATED IN A: Single Member District At Large District Both Single Member and At Large District IF SINGLE MEMBER DISTRICT, LIST THE COUNTY COMMISSIONER FOR THE DEVELOPMENT DISTRICT BELOW: Name: Svlvia S. Handy Address: 1902 Joe Stephens Ave. Phone: 1956) 968-8733 District #: City: Weslaco (956) 973-7850
1
State:
TX ZIP:
78596
Fax:
LIST ALL COUNTY COMMISSIONERS (APPLICANT MAY ATTACH A PRINTOUT LISTING ALL COUNTY COMMISSIONERS FOR THIS ITEM): Name: Svlvia S, Handy Address: 1902 Joe Stephens Ave. Phone: (956) 968-8733 Name: Hector Palacios Address: 301 E. State St, Phone: (956) 787-1891 Name: Joe M. Flores Address: 724 N. Brevfogle Phone: (956) 585-4509 Name: Oscar L. Garza, Jr. Address: 1102 N. Doolittle Rd. Phone: L956) 383-3112 District #: City: Weslaco (956) 973-7850 District #: City: Pharr (956) 787-4683 District #: City: Mission (956) 205-7009 District #: City: Edinburg (956) 381-5905
I
State: ZIP: 78596
Fax:
2
State:
a
ZIP:
78577
Fax:
3
State:
TX ZIP:
78572
Fax:
4
State:
TX ZIP:
78539
Fax:
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 10 of 12
PUBLIC NOTIFICATIONS INFORMATION FORM (PAGE 4)
COUNTY COMMISSIONERS CONTINUED:
NEIGHBORHOOD ORGANIZATION(S] (Submit all neighborhood organizations in which the Applicant islwas required to notify under §49.8(d)(3)(B) of the QAP):
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS 9% HTC Pre-Application: 1/6/2009 Page 11 of 12
-
CERTIFICATION OF NOTIFICATIONS AT PRE-APPLICATION (Part 1 1 1)
Pursuant to §49.8(d)(3), evidence of notifications includes this sworn affidavit and the Public Notifcations Information Form Must accurately Check applicable boxes below: I certify that all required requests for Neighborhood Organizations were made pursuant to §49.8(d)(3)(A) and included the required information as provided in the Neighborhood Organization Request template by December 8,2008. I certify that: No reply letter (to the request for Neighborhood Organization information) was received from the local elected officials by January 1,2009; and/or A response was received fiom the local elected officials before January 1, 2009, and I have notified those neighborhood organizations as required by and §49.8(d)(3)(B); and/or A response was received from the local elected officials before January 1,2009, and the response indicated that the local elected officials know of no neighborhood organizations; and/or I have knowledge of other neighborhood organizations on record with the city, state or county whose boundaries contain the proposed Development site and have notified those neighborhood organizations as required by §49.8(d)(3)(B); andlor I know of no neighborhood organizations within whose boundaries the Development is proposed to be located; and/or The local elected officials referred to me to another source, and I requested neighborhood organizations from that s received, those neighborhood organizations were notified as required by §49.8(d)(3)(B).
151
a
zations that were notified are correctly listed on the Public NotiJications Information and Certfication Form and all not were made in the format provided in the template, Public NotiJications Format (Written). Date Mailed ed neighborhood organizations, the following entities were notified in I certify that, in addition to all o accordance with §49.8(d)(3)(B)(i) through (ix). The notifications included the required information as provided in the template, Public Notifications (Written). All of the following entities were notified and are correctly listed on the Public Notifications Information and CertiJicationForm: Superintendent of the school district containing the Development; Presiding officer of the board of trustees of the school district containing the Development; Mayor of any municipality containing the Development; All elected members of the Governing Body of any municipality containing the Development; Presiding officer of the Governing Body of the county containing the Development; All elected members of the Governing Body of the county containing the Development; State senator of the district containing the Development; and State representative of the district containing the Development. While evidence is not required to be submitted in this Pre-Application, I understand evidence may be requested by the
STATE OF: COUNTY OF: d for said County, in said State, do hereby certify that known to be
,whose name is signed to the foregoing statement,
date, that being informed of the
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS - 9% HTC Pre-Application: 1/6/2009 Page 12 of 12
Rec'd TDHCA 1/21/09 9:33am