Professional Documents
Culture Documents
9% Competitive Credits
Applications Must Be Received At VHDA No Later Than 5:00
PM Richmond, VA Time On May 15, 2009
I. General Information
All code "Section" references are to, and the tem "IRC" shall be deerned to rnem,
the Intemal Revetrue Code of 198ó, as amended.
Ifcomplete address is not available, provide longitude and latitude coordinates (x,y) from
location on site your surveyor deems appropriate.
E 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 1 3, if applicable)
The Circuit Court Clerk's office in which the deed to the property is or will be recorded:
CitylCounty of Giles County (ie; Richmond City, Chesterfield County; see application manual)
5. Does the site overlap one or morejurisdictional boundaries? lYes E
No
Ifyes, what other CitylCounty is the site located in besides the one mentioned above?
6. Is the development located in a Metropolitan Statistical Area? @Yes E
No
7. Census Tract the development is located in:
510719904
Is this a Qualified Census Tract: E yes E No (If yes, attach required form in TAB A)
8. Area? I N" I
Is the development located in a Difficult Development
9. Isthedevelopmentlocatedinarevitalizationarea? E yes n No (fyes,attachrequiredforminTABA)
10. Is the development an existing RD or HUD 58/236 development? n Yes E 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 of this 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. E Yes E nla
b. Applicant has obtained a waiver of this requirement from VHDA
prior to the application submission deadline. D Yes E ¡la
I 1. Is the development located in a census tract with a poverty
rate <70%o with no tax credit units currently present? E Yes E No
12. Is the development listed on the RD 515 Rehabilitation
Priority List? fl Yes ENo
13. CongressionalDistrict
Planning District 4
State Senate District T
Stâte House District
Woodrum Manor and Westview Apartments, located in downtown Pearisburg, Giles County, includes 14 one-bedroom and 12 two-bedroom apartment
homes situated in two buildings--Woodrum Manor (previously a Leggett department store) and Westview (previously an historic hotel which is on the
Nat¡onal Register of Historic Places.) The Westview building also includes 4 commercial units, one of which is currently leased by the Giles County
Chamber of Commerce. The development completed the initial 15-year tax credit compl¡ance period in 2008. Under the new development plan, all 26
apartment homes will undergo a complete rehab and will be upgraded to meet EarthCraft standards. One apartment home will conform to HUD
regulations interpreting accessibility requirements of section 504 of the Rehabilitation Act. ln addition, major building systems will be overhauled.
Pearisburg Commun¡ty Development Corporation (PCDC)-the current general partner-will again serve as the general partner and developer, while
Giles County Housing and Development Corportion, PCDC's affiliate, will serve as the management agent.
Page I
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) $2!9,6q1
! TaxExemptBonds
! new construction, or
fl rehabilitation, or
Federal Subsidies
E The development will not receive federal subsidies.
1. Regular Allocation
3. Federal Subsidies
E tne development will not receive federal subsidies.
! ttris development will receive federal subsidies for:
! all buildings or
! some buildings.
2009 Page2
Low-Income Housing Tax Credit Application For Reservation
n eU buildings qualifu for an exception to the lO-year rule under IRC Section 42(dX2XDXÐ,
Subsection (I) n
Subsection (II) n
Subsection (III) !
Subsection (IV) !
Subsection (V) !
n A waiver of the lO-year rule for all buildings has been or will be requested from the
Department of the Treasury pursuant to IRC Section 42(dX6XB)
D 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
to Section II. n No Rehabilitation
Minimum Expenditure Requirements
E All buildings in the development satisff the rehab costs per unit requirement of IRC
Section a2(eX3XÐ(ii).
! All buildings in the development qualify for the IRC Section a2(e)(3)(B) exception to the
10% basis requirement (4% credit only).
n All buildings in the development qualiff for the IRC Section 42(Ð(5XBXii)(II) exception.
! Different circumstances for different buildings. Attach a separate sheet and
explam tor each burldrng.
2009 Page 3
Low-Income Housing Tax Credit Application For Reservation
II. OWNERSHIPINFORMATION
NOTE: VHDA may allocate credits only to the tax-pay¡ng entity which owns the development at the time of the allocation. The term "Owne/' herein refers to that ent¡ty. Please
sole discret¡on. IMPORTANT: The Owner name l¡sted on this page must match exactly the owner name listed on the Virginia State Corporat¡on Commiss¡on
A. Owner Information:
Name Olde Towne Housing, LLC
Contact Person First: Wanda Middle: Last: Meador
Address 601 Wenonah Ave.
(Street)
(city)
Principal(s) involved (e.g. general parbxers, LLC members, controlling shareholders, etc.):
Names ** Phone Tvlre Ownership o/o
Ownership
540-921-2815 General Parhrer 100.00%
--TTõ'%-
-:oCI'%- U.UU"/o
**
-0rõ9ã-
separate partnershrps or corporatlons whrch may compnse those components.
! Principals'Previous Participation Certitication attached (Mandatory TAB D), resumé, & ownership structure chart.
B. Seller Information:
Name Contact Person Wanda Meador
Address
Pearisburg, vA ¿4t34 tsnone )+v-9¿ t-¿ó tJ
Is there an identity of interest between the seller and owner/applicant? BYes nNo
If yes, complete the following:
Principal(s) involved (e.g. general partners, controlling shareholders, etc.)
Names Phone Twe Ownershio o/o
Ownership
Pearisburg Community Development Corpott 5N4214ß General Part¡rer r.00%
Wanda Meador 0.00%
0.00%
0.00%
2009 Page 4
Low-Income Housing Tax Credit Application For Reservation
2009 Page 5
Low-Income Housing Tax Credit Application For Reservation
D. Nonprofit Involvement:
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 qualiff for the nonprofit pool, an organization described in IRC Section 501
(c)(3) or 501 (cXa) 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 o\rn all general partnership interests in the development .
3. Must not be afliliated with or controlled by a for-profit organization.
4. Must not have been formed for the principal purpose ofcompetition in the nonprofìt pool, and
5. Must not have any staff member, or member of the nonprofit's board of directors materially participate in the proposed project
as a for-profit entity.
All Applicants: To qualify f'or points under the ranking system, the nonprofit's involvement need not necessarily
satisfy all ofthe requirements for participation in the nonprofit tax credit pool.
3. Typeofinvolvement
! Nonprofit meets eligibility requirement for points only, not pool or
I Nonprofit meets eligibility requirements for nonprofit pool and points.
! the owner
! the Applicant (if different from Owner)
n other
2009 Page 6
Low-Income Housing Tax Credit Application For Reservation
4,Tota1F1oorAreaForTheEntireDevelopment-@.,o*,
-ubedrooms
-26
5. Un-neated -t loor ,\rea (Breezeways, Balconies, Storage) 1,589.33 rsc. n.l
B. Building Systems:
Please describe each of the following in the space provided.
Community Facilities: community room for crafts & activities; laundry rooms; garden a.ea seding
2009 PageT
Low-Income Housing Tax Credit Application For Reservation
C. Amenities:
1. Speci$' the average size per unit type: Qncluding pro rata share of heated common area)
Assisted Lvg 0.00 sF lBdrm Eld 0.00 SF 3-Bdrm Gar 0.00 sF
1-sty-Eff-Eld-.-T0'sr'
.-l0õ"sr 2Bdrm Eld T--O,õ''sr 4-Bdrm Gar T.ïIÕ.sr'
l-Sty IBR-E1d Eff-Gar Tl0-0'sr'2-BdrmTH TTõ'Sr
l-sty2BR-Eld --ïTõ''sr' l-Bdrm Gar T?ÛSîsr' 3-Bdrm TH sr
Erf-Eld TTõ''sr 2-BdrmGar TSlSÏsr' 4-BdrmTH T'Iõ'sr'
-Õ.ïIf
2. Total gross usable, heated square feet for the entire project less nonresidential commercial area:
22,193.54 B Documentation attached ('I'AIì l') Mandatory
-(sq-f
NOTE: 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 certifies that the proposed project budget, plans & specifications and work write-ups incorporate
all necessary elements to fulfill these requirements.
El d. All kitchen and laundry appliances meet the EPA's Energy Star qualified program requirements
E e. All windows meet the EPA's Energy Star qualified program requirements
E f. Every unit in the development is heated and air conditioned with either (i) heat pump units with both a
SBER raturg of 14.0 or more and a HSPF rating of 8.2 or more and a variable speed atr handltng unit
(for through- the-wall heat pump equipment that has an EER rating of 11.0 or more), or (ii) air
conditioning units with a SEER rating of 14.0 or more and a variable speed air handling unit, combined
with gas furnaces with an AFUE ratngof 90Yo or more
E h. Each bathroom consists only of low-flow faucets (2.2 gpmmax.) and showerheads (2.5gpm max.)
E i. Provide necessary infrastructure in all units for high speed cable, DSL or wireless internet sevice.
tr j. All water heaters meet the EPA's Energy Star qualified program requirements.
2009 Page 8
Low Income Housing Tax Credit Application For Reservation
For all projects exclusively serving elderly and/or handicapped tenants, upon completion
of construction/rehabilitation: (Optional Point items)
n d. All entrance doors have two eye viewerso one at 48" and the other at standard height
For all rehabilitation and adaptive reuse projects, upon completion ofconstruction or
or rehabilitation: (Optional Point items)
Accessibility
n For any non-elderly property in which the greater of 5 or l0%o of the 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 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.
E 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.
2009 Page 9
Low-Income Housing Tax Credit Application For Reservation
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)
n Yes Physically or mentally disabled persons (must meet the requirements of the federal
Americans with Disabilities Act)
2. Specify the number of low-income units that will serve individuals and families with children by
providing three or more bedrooms: 0 Number of units 0% of total low-income units
3. If the development has existing tenants, VHDA policy requires that the impact of economic and/or physical
displacement on those tenants be minimized, in which Owners agree fo 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:
E Yes
!No
E Locality has no such waiting list; If yes, provide the following information:
2009 Page 10
Low-Income Housing Tax Credit Application For Reservation
V. LOCALNEEDSANDSUPPORT
A. Provide the name and the address of the chief executive officer (City Manager, Town Manager, or
County Administrator) of the political jurisdiction in which the development will be located:
Chief Executive Officer's Name Kenneth Vittum
Chief Executive Officer's Title Town Manager
Street Address l 12 Tazewell St.
City Pearisburg Zip ffi
Name and title of local offlrcial you have discussed this project with who could answer questions for the
local CEO: Rodney Wilson, Building Official, Town of Pearisburg
E Letter ao¡n
VHDA notification letter to CEO submitted prior to 5:00 PM 315109: (9% competitive credits only) E Yes n No
Name and title of local official you have discussed this project with úho could answer questions for the
local CEO:
! Letterfror
VHDA notification letter to CEO submitted prior to 5:00 PM 315/09: (9% competitive credits only) ! Yes ! No
B. Project Schedule
ACTUAL OR NAME OF
ACTIVITY ANTICIPATED PERSON
DATE RESPONSIBLE
Site
Option/Contract March 25.2009 üanda Meador
Site Acquisition November I, 2009 ùy'anda Meador
Zoning Approval ¡v I2.2009 Wanda Meador
Site Plq¡ App¡qy4l Mav 12,2009 Wanda Meador
Financing
A. Construction Loan
[-oan Application Auzust 15.2009 Wanda Meador
Conditional Commitment November 30, 2009 Wanda Meador
Firm Commitrnent Ianuarv 3 l. 2010 Wanda Meador
B. Permanent Loan - First Lien
[,oan Application Auzust 15.2009 Wanda Meador
Conditional Comrnitment November 30. 2009 Wanda Meador
Firm Commitment fanuarv 31,2010 Wanda Meador
C. Permanent Loan-Second Lien
l,oan Application September 30. 2009 Wanda Meador
Conditional Commitment November 30.2009 Wanda Meador
Firm Commitment fanuarv 31.2010 Wanda Meador
D, Other Loans & Grants
Type & Sowce, List
Application A.ueust 15. 2009 Wanda Meado¡
Award,/Commitment fanuarv 3 1. 2010 Wanda Meador
Formation of Owner Varch2í.20O9 Wanda Meador
IRS Approval of Nonprofit Statxs December21.1994 Ann Angert
Closing and Transfer of Property to Owner November 1, 2009 lVanda Meador
Plans and SpeciÍications, \ilorking Drawings Vlav 14.2009 Wanda Meador
Buil Februarv 2010 Wanda Meador
Start Construction Februarv 2010 ily'anda Meador
Begin Lease-up l 2010 Wanda Meador
Complete Construction )ecernber 2010 Wanda Meado¡
Complete Lease-Up )ecember 2010 Wanda Meador
Credit Placed in Service Date Vlav 1.2010 Wanda Meador
2009
Low-Income Housing Tax Credit Application For Reservation
Site control by the Owner identified herein is a mandatory precondition of review of this application.
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
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. Anticipated
transfers to the Owner are not sufficient. The Owner, as identified in Subpart ll-A, must have site control at
this Application is submitted.
i lf the Owner receives a reservation of credits, the property must be titled in the name of or leased by (pursuant to a
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
! Long-term Lease - attached (expiration date:
El Option - attached (expiration date: t2/3t/rt
n Purchase Contract - attached (expiration date:
If more than one site for the development and more than one form of site control, please so indicate
! and attach a separate sheet specifying each site, number ofexisting buildings on the site, ifany,
type ofcontrol ofeach site, and applicable expiration date ofform ofsite control. A site control
is required for each site.
.document
B. Timing of Acquisition by Owner:
Select one:
El Owner is to acquire property by deed (or lease for period no shorter than period property
than lll0ll09 (must be prior to November 6,2009).
will be subject to occupancy restrictions) no later
Ifmore than one site for the development and more than one expected date of acquisition by
Owner, please so indicate ! and attach separate sheet specifying each site, number ofexisting
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 tax credit application and enter below:
2009 Page 12
Low-Income Housing Tax Credit Application For Reserv¡tion
C. Site Description
4. Will the proposal seek to qualifr for points associated with proximþ to public transportation?
E Yes ENo
E Required documentation form attached (TAB A)
D. Photographs
tnclude photographs of the srte and any exlstlng structure{s) m 'l'All 0. Þbr rehablhtatlon proJects,
provide interior pictures which document the necessity ofthe proposed work.
Minimum submission requirements for all properties (new construction, rehabilitation and adaptive reuse)
2009 Page 13
Low-Income Housing Tax Credit Application For Reservation
I Section 8 Vouchers
! State Assistance
n oth"t'
2009 Page 14
Low-Income Housing Tax Credit Application For Reservation
C. Revenue
1. Indicate the estimated monthly income for the Low-Income Units: **
v
Unit TyD€ Tax Credit Units Rental Income
Efficiency Units 0 $0
I Bedroom Units l4 9s,266
2 Bedroom Units l2 $5,205
3 Bedroom Units 0 $0
4 Bedroom Units 0 $0
ffi
Plus Other Income Source (list): commercial rent $1,800
Equals Total Monthly Income: 912.271
Twelve Months x12
Equals Annual Gross Potential Income
Iæss Vacancy Allowance ( 7.0o/o )
- s147,2s2
$ 10,308
Equals Annual Effective Gross Income (EGI) - Low Income Units s136.944
2. lndicate the estimated monthly income for the Mårket Rate Units: **
Total Number of Total Monthly
UnitTwe Market Units Rental Income
Efficiency Units 0 $0
1 Bedroom Unìts 0 $0
2 Bedroom Units 0 $0
3 Bedroom Units 0 $0
4 Bedroom Units 0 $0
Total Number of Market Units
0 0 0 0 0 14
12 0 0 0 0 0
I STY-EFF.ELD I STY-I BR-ELI) I STY.2 BR-ELD Note: Please be sure to enter the number of units ín the
0 0 0 gpp4p¡þ¡g unit category. If not, you will find ân error on
12 0 0 0 0
Eff¡cloncy Units
Unit Type / Net Rentable Monthly Renl Total
Rent Taroetino Number Units Souare Feet Per Unit Monthlv Rent
l-Bedroom Un¡tg -
Net Rentable Monthly Rent Total
2009
Rent Taroetino Number Units Souare Feet Per un¡t - Monthlv Rent
Page 15
1 BR-40% 411.31 $ 304 $ 304
1 BR-40% 1 416.71 $ 304 $ 304
I BR-40% 442.09 $ 304 $ 304
1 BR-40% 0 0.00 $ $
1 BR - 4070 0 0.00 $ $
1 BR-40% 0 0.00 $
1 BR-40% 0 0.00 $ $
IBR-40% 0 0.00 $
1 BR-40% 0 0.00 $ $
I BR-40% 0 0.00 $ $
I BR-40% 0 0.00 $ $
1 BR-40% 0 0.00 $ $
I BR-40% 0 0.00 $ $
1 BR-40% 0 0.00 $ $
1 BR-40% 0 0.00 $ $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
I BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 $
1 BR-60% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
I BR-60% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
1 BR-60% 0 0.00 $ $
Total 1-BR Total Monthly l-BR
Til Crêdit LJn¡ts: 14 6,931.61 Tax Cred¡t Rent: 5,266
1 BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 $ $
I BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 s $
1 BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 $ $
I BR - Market 0 0.00 $ Ð
1 BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 $ $
I BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 $ $
I BR - Market 0 0.00 s $
I BR - Market 0 0.00 $ $
I BR - Market 0 0.00 $ $
1 BR - Market 0 0.00 $ $
Total 1-BR
Martet Un¡ts: 0.00 Total Monthly
1-BR Market Rent:
2009 Page 15
I tot"t t-an unit": 14 Totat l-BR Rent $ s,zee I
2-Bedroom Un¡ts
Net Rentable Monthly Rent Total
Rent Taroet¡no Number Units Souare Feet Per Un¡t Monthlv Rent
2BR-60% 0 ü
2BR-60% 0 $
2BR-60% 0 $
2BR-60% 0 $
28R-60% 0 $
2BR-60% 0 $
2BR-60% 0 $
2BR-60% 0 $
2BR-60% 0 $
2BR-60% 0 $
2BR-60% 0 $ $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $
2BR-60% 0 0.00 $ $
2BR-60% 0 0.00 $ $
Total2€R Total Monthly 2€R
Tã Crèd¡t Un¡ts: 8,321.83 Tax Credit Rent: I 5,205
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 $ ü
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 $ $
3-Bedroom Unlts
Net Rentable Monthly Rent Total
Rent Taroetino NumberUnits Souare Feet Per Un¡t Morìthlv Rent
3BR-40% 0 0.00 ß $
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 $ $
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 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $ $
3BR-40% 0 0.00 $
3BR-50% 0 0_00 $ $
3BR-50% 0 0.00 $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-s0% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0_00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-50% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ ü
3BR-60% 0 0.00 $ $
3 BR - 6070 0 0.00 $ $
3BR-60% 0 0.00 $ $
3BR-60% 0 0.00 $ $
3 BR - 600/" 0 0_00 s $
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€R Total Monthly 3€R
Tax Credit Un¡ts: Tax Cred¡t Rent: $ -
¡l-Bedroom Units
Net Rentable Monthly Renl Total
Rent Taroetino Number Un¡ts Souare Feet Per Unit Monthlv Rent
4BR-40% 0 0.00 ü $
4BR-40% 0 0.00 $ $
4BR- 40o/o 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 $ ù
4BR-40% 0 0.00 s $
4BR-40% 0 0.00 s $
4BR- 40% 0 0.00 s $
4BR-40% 0 0.00 s $
4BR- 40v, 0 0.00 $ $
4BR-40% 0 0.00 s ù
4BR - 40V" 0 0.00 $ $
4BR- 40o/o 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4 BR - 500/. 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 $ $
4BR-50% 0 0.00 ü ü
4BR-50% 0 0.00 $ ü
G
4BR-s0% 0 0.00 $
4BR-50% 0 0.00 $ $
Q
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 $ $
4BR-60% 0 0.00 $ ù
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 - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ ù
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 $ ù
4 BR - Market 0 0.00 $ $
4 BR - Market 0 0.00 t $
4 BR - Market 0 0.00 $ $
Total /+-BR
Market Un¡ts: Total Monthly
4-BR Market Rent:
2009 Page 15
Low-Income Housing Tax Credit Application For Reservation
D. Operating Expenses
Administr¡tive:
l. Advef ising/Marketing $1.500
2. Office Salaries
3. Office Supplies $1,000
4. Offrce/Model Apartment (typ€ )
5. Management Fee 99,227
354.8846154
æ 6.74% of EGI
6. Manager Salaries
Per Unit
s0
7. Staff Unit (s) ($pe ) s0
8. tægal
9. Auditing
10. Bookkeeping/Accounting Fees
1 1. Telephone & Answering Seruice
Dl. Total Oper. Ex. Per Unil 53,278 D2. Total Oper. Ex. As % EGI (from E3) 62.23%
Replacement Roserves (Total # Units X $300 or $250 New Const. Elderly Minimum) $7,800
2009 Page 16
Low-Income Housing Tax Credit Application For Reservation
Stabilized
Year 1 Year 2 Year 3 Year 4 Year 5
Eff. Gross Income 136,944 141,053 145,284 t49.643 r54,132
Less Oner. Expenses 93,027 96,748 100,618 104,643 108,929
Net Income 43,917 44.30s 44,666 45,000 45.304
Less Debt Service 35,168 35,168 35,168 35,1 68 35.168
Cash Flow 8,750 9,137 9,499 9,833 10,136
Debt Coverage Ratio 1.25 1.26 t.27 t.28 t.29
2009 Page 17
Tax Credit
Contractor Cost
Off-Site Improvements 0 0 0 0
Site Work 40,800 0 0 10,000
other: g!ry 7t,057 0 0 64,662
Unit Structures (New) 0 0 0
Unit Structures (Rehab) 939,659 0 855.090
Accessory Building (s) I 1,500 0 0 10,465
Asbestos Removal 0 0 0
Demolition 42,500 0 0 27,300
Commercial Space Costs r3r,320 0 0
Structured Parking Garage 0 0 0 0
Subtotal A: (Sum lA..lJ) r.236.836 0 0 967,5r7
General Requirements 0 0 0 0
Builder's Overhead 86,578 0 0 -õ,. 78,786
( 7.0% Contract)
N. Builder's Profit 86,578 0 0 78,351
( 7.0% Contract)
o. Bonding Fee 12,690 0 0 11.794
P. Other: 0 0 0 0
a. cont a"t-oñst-
Subtotal (Sum 1K..lP) 81,422,682 $0 $0 sl,136,447
Owner Costs
A. Building Permit 15,000 0 0 13,6s0
B. Arch.Ængin. Design Fee 100,000 0 0 91,000
( 3,846 /unit)
C. Arch. Supervision Fee 40,000 0 0 36,400
( 1,538 /Unit)
D. Tap Fees 0 0 0 0
E. Soil Borings 0 0 0 0
2009 Page 18
Low-Income llousing Tax Credit Application For Reservation
If this application seeks rehab credits 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) Building
-$0-
2009 Page 19
Low-Income Housing Tax Credit Application For Reservation
-(C)TEEãE-pl
New "70 o/o Present
Item A) Cost (B) Acquisition Construction Value Credit"
5. Total Development Costs
Subtotal 7+2+3+4 3,471,584 642,600 0 2,094,707
12. Maximum Allowable Credit under IRC $42 s2t ,077 $0 $ l 88,524
(Qualified Basis x Applicable Percentage)
(Same as Part IX-C and equal to or more than $i209,601
credit amount requested) Conbined 30% & 70% P. V. C¡edit
2009 Page 20
Low-Income Ilousing Tax Credit Application For Reservation
B. Sources ofFunds
l. Construction Financing: List individually the sources of construction financing, including any such
loans financed through grant sources:
s(
,. $(
Permanent Financing: List individually the sources of all permanent financing in order of lien position:
5. $( 0.0001 1000
$0 0.0001 1000
2009 Page 21
Low-Income Housing Tax Credit Application For Reservation
-m-
(not including syndication proceeds except for historic tax credits)
5. Net amount which will be used to pay for Total Development Cost (4a-4e) -m.76--
-$2oe-J8o-
as listed in Part VIII-A5 (same amount as Part IX-D3) 1,592,808
$
2009 Page22
Low-fncome Housing Tax Credit Application For Reservation
1. Are any portions of the sources of funds described above for the development financed directly or indirectly
with Federal, State, or Local Govemment Funds? IYes nNo
If yes, then check the type and list the amount of money involved.
n f*ExemptBonds $0 I TaxableBonds $o
n RD5ls $0 ! Section220 $0
! Section 221(d)(3) ! Section 221(d)(3)
! Section3l2 n Section 221(d)(4)
! Section 236 $0 ¡ Section 236 $0
E vsoe sPARc/REACH $55,000 n Section 223(f) $0
El HoME Funds $500,000 ¡ Other:
E Othe.: VHDA mixed use $315,000
! othe.: $0
Grants Grants
n cosc ! State $0
n unac $0 ! Local $0
I Other: TCAP $75,000
This means grants to the partnership. If you received a loan financed by a locality which received one of the
listed grants, please list it in the appropriate loan column as "other" and describe the applicable grant program
which tunded it.
2. Subsidized funding: list all sources of funding for points. Documentation Attached (TAB T)
Does any ofyour financing have any credit enhancement? ! Yes ¡No
Ifyes, list which financing and describe the credit enhancement:
2009 Page23
Low-fncome Housing Tax Credit Application For Reservation
IX. ADDITIONALINFORMATION
A. Extended Use Restriction
NOTE: Each recipient of an allocation of credits will be required to record an extended use agreement as
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 lS-year compliance period) of the extended use period.
! 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 fbr 25 additional years after the 15-
year compliance period for a total of 40 years. Do not select if IX.B is checked below.
! 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 35 additional years after the l5-
year compliance period for a total of 50 years. Do not select if IX.B is checked below.
1. 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 of first 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 nonprof,tt. Do not select if extended compliance is selected in IX.A above.
E Option or Right of First Refusal in Recordable Form Attached (TAB Ð
Enter name of qualified nonprofit: Pearisburg Community Development Corporation
2009 Page24
Low-Income --rusing Tax Credit Application For Reservation
c. BuiHing-by-Buildinglnfornetbr @
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).
$21.077 s0 $t88.524
Qualified Bðis Totals (nust agræ with VI¡l-Alo)
20æ Page 25
Buidirg-by-BuiH¡¡g lBfÕroetion Æ
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
alloca¡ior¡ request).
$0 s0 s0
Quå¡ilied Böis Totals (must agree wirh VI¡t-Al0)
$0 $0 30
Qualilicd Bðis Totals (rut agræ with V¡ll-Alo)
following calculation of the amount of credits needed is substantially the same as the calculation which will be made
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
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
may differ significantly from the amount you compute below.
6. Equals Annual Tax Credit Required to Fund the Equity Gap $209,601
30%PV Crdit
E. Attorney's Opinion
E Attached 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
e 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
with the V28 cell shown in the top space, place the cursor in the mi
and type in the new amor¡nt 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
Developer Fee) and click on "OK". A message should then appear
solution has been found and if the amount is correct click'OK". If the
now equal the error message will disappear.
2009 Page26
Low-Income HousÍng Tax Credit Application tr'or Reservation
l. that, to the best of its knowledge and belief, all factual information provided herein or in connection
herewith is true and correct, and all estimates are reasonable.
2. that it will at all times indemnify 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, glants and/or loan funds in connection herewith.
J. 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 satisfy all applicable requirements of federal
tax law and any other requirements imposed upon it by VHDA prior to allocation, should one be issued.
6. that, for the purposes of reviewing this application, VHDA is entitled to rely upon representations of the
undersigned as to the inclusion of costs in eligible basis and as to all of the 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 waffants their correctness 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.
8. that reservations of credits are not transferable without prior written approval by VHDA at its sole
discretion.
2009 Page 27
Low-Income Housing Tax Credit Application 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 S500 and a nonrefundable
reservation fee equal to 7%o ofthe annual credit amount reserved.
11. that a true, oxact, and complete copy of this application, including all the supporting documentation
enclosed herewith, has been provided to the tax attomey 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 under Section 42 of the IRC, complete information on the status of compliance with
Section 42 and, an explanation of arry noncompliance. The applicant hereby authorizes the Housing
Credit Agencies of states in which these projects are located to share compliance information with the
Authority.
In Witness Whereof, the undersigned, being authorized, has caused this document to be executed in its
name on this 14th day of May ,2009.
2009 Page28
2OO9 LIHTC SELF SCORE SHEET:
worksheet is intended to provide you with an estimate of your application score based on the selection criteria described in
. Most of the data used in the scoring process is automatically entered below as you fill in the application. Other it(
ted below in the green shaded cells, are items that are typically evaluated by VHDA's staff during the applicat¡on review
rasibility analysis. For purposes of self scoring, it will be necessary for you to make certa¡n decisions and assumptions about
pplication and enter lhe appropriate responses in the green shaded cells of this score sheet. All but two require yes/no respor
which case enter Y or N as appropriate. ltem 2b pertaining lo lhe Local CEO Letterwill require one of the following responses:
the letter indicates unconditional support; N - the letter indicates opposition to the project; NC - no comment from the locality,
ry other response which is neither unconditional support nor opposition. ltem 5e1 requires a numeric value to be entered. Plea
that the score is only an estimate based on the selection cr¡teria 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 final score.
5, SPONSOR CHARACTERISTICS:
a. Developer experience - 3 developments with 3 x units or 6 developments w¡th 0or50 0.00
or b. Developer experience - 1 development w¡th I x units 0or10 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 - termination of cred¡ts by VHDA 0or-10 0.00
f. Management company rated unsatisfactory 0 or -25 o-oo
g. LEED accredited design team member 0 or 10
---lõ¡o
Total 20.oo
.1
ST FI D.FFF 1 ST FI D-1 BDRM I ST FI D.2 BDRM lf yÐ[ do not rece¡ve a numer¡c point vâlue
High Sq.Ft. / BDRI, 0 ( 0 ¡n thê urìlt slre calculåtlons, pleåsè
Low Sq.Ft. / BDRII 0 c 0 ch€c¡{ thû vâlues entered o} pâge B, 01.
Prcject Sq.Ft. / BDRM 0 ( n tlìesê must bè whûle nunìber n(mêriõ
Porcôntagê of Units 0.00% 0.0001 0.00% vah¡es on¡y, Also rhërk p¡ge 7, ¡tem 3,
Points per Bedroom nnô nnf onn thè number of u*¡ls mu$t be either nêw,
adapt or rêhnb ûnly, torììb¡tratioìs do
f'loÌãfUñit-Sïziffii5T- not cãlcÍlatê rorèctlv.
-fff.dõl
Amenities:
All units have:
a. 1.5 o12 Bathrooms 0.00% 0.00
b. Community Room 0.00
c. Brick Walls 100.00% 20.00
d. K¡tchen/LaundryAppl-Energy Star 5.00
e. Windows-Energy Star 5.00
f. HeaUAC-SEER-AFUE 10.00
g. Sub-metered water expense 5.00
h. Lowflowfaucets & showerheads 3.00
i. High speed cable, DSL, wireless internet 1.00
j. Water heaters meet EPA Energy Star requirements 9.q9
Total 49.00
All elderly un¡ts have:
a. Fronþcontrol ranges 0.00
b. Emergencycall system 0.00
c. lndependenusuppl. heat source 0.00
d. Two eye viewers 0.00
Total 0.00
2009
¡rsF= f@ crsdifs/SF = f@constlruntt= l-3f'r--ããã-]
TYPE OF PROJECT FAMILY = 11000; ELDERLY = 12000 a¡ ERROR message âppeårs heÞ che{
LOCATION BELT=100; NVM=It0; NVNM=200; RIC=300; TID=400; SMA=500; sMA.C=sl0; RUR=600 500 )€llirg of Clerk's Office cn pg 1, ll musl
TYPE OF CONSTRUCTION N C=l; ADPT=2;REHAB(25,000+)=3; REHAB(15,000-25,000)=4 3 atch exactly w¡lh the Jur¡sd¡ct¡on n¡o(
ELDERLY
Aü LVg Z ÞK"E EFF-E-I ST I BR-E-1 St 2 BR-E-I ST
\VG UNIT SIZE 0 0 0 0 0 0 0
,¡U¡rlBER OF UNITS 0 0 0 0 0 0 0
'ARAMETER-(cOSTS=>25,000) 0 0 0 0 0 0 0
0 0 0 0 0 0 0
'ARAMETER-(COSTS<25,000)
)OST PARAMETER 0 0 0 0 0 0 0
,ROJECT COST PER UNIT 0 0 0 0 0 0
'ARAI\4ETER-(CREDITS=>25,000) 0 0 0 0 0 0 0
'ARAt ETER-(CREDtTS<25,000) 0 0 0 0 0 0 0
)REDIT PARAMETER 0 0 0 0 0 0 0
'ROJECT CREDIT PER UNIT 0 0 0 0 0 0 0
:OST PER UNII POINfS 0.00 0.00 0.00 0.00 0.00 0.00 0.00
PER UNIT POINTS 0.00 0.00 0.00 0.00 ooo
'REDIT
FAMILY
Ert-þ J 4 BR-G
\VG UNIT SIZE 0 711 986 0 0 0 0 0
.JUMBER OF UNITS 0 11 12 0 0 0 0 0
0 13,063 0 0 0 0 0
'ARAM ETER-(cREDITS=>25,000) 10,069
,ARAM ETER-(CREDITS<25,000) 0 0 0 0 0 0 0 0
)OST PER UNIT POINTS 0.00 5.66 i|.08 0.00 0.00 0.00 0.00 0.00
:REDIT PER UNIT POINTS 0.00 26.77 21.39 0.00 oon
\,
TAB A. 1
(QuÐIified Censu$ Tracf Certifïcation)
(
TAB A.2
(Rer¡ltntlzation Area Certification)
Town of Pearisburg
ll2Tazewell Street
Pearisburg, Virginia 24134
Baùara M. Stafford
Mayor
Moy 1 ,2OO9
Council:
Ðaniel H, Robe¡tson Jim Chqndler
Robert [. Dickerson, Jt. Virginio Housing Developmenl AulhorÎly
Rebecca H. Moses
601 South Belvidere Streel
JimmieR.Williams
George G. Psathas Rîchmond, Virginio 23220
Charles R. Via
FAX:
(540) 921-0086
Webslte:
www.pearisburg.orË
I understond lhot this Certificoiion will be used by the Virginio Housing
Development Authority lo delermine whether the development quolîfies
for poînls qvqiloble under VHDA's Quqlified Allocotion PIon.
Sincereþ,
Y:>^
Kénneih
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Viit
Town Monogar
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All of those cefiain parcels of real estate situate in the Town of Pearisburg, Giles County,
PARCEL ONE
PARCEL TWO
Lot Number 4L and Lot Number 53 which are adjoining lots and as shown upon
a plat of the Old Town of Pearisburg, recorded in the Clerk's Office of the
Circuit Court of Giles County, Virginia, in Deed Book E, atPage289,to which
reference is hereby made.
(
OPERATING AGREEMENT
OF
ARTICLE I
DEFINITIONS
The following defined words shall have the meanings in this Agreement set forth below:
1.01 Act. The Virginia Limited Liability Company Act, sections 13.1-1000, et seq., of
the Virginia Code, as may be amended or superseded from time to time.
1.02 Assets. The property, including all personal and real property, owned by the
Company for use in the Business.
1.03 Bankruptcy
ii. The entry of an order for relief with respect to a Person in proceedings
under the United States Bankruptcy Code, as amended or superseded from
time to time;
v. The failure by a Person generally to pay his or her debts as they become
due within the meaning of section 303(hxl) of the United States
Bankruptcy Code, or the admission in writing of the inability to pay his or
her debts as they become due; or
vl. In the case of a Member, suffering or permitting any of his or her Interest
to become subject to the enforcement of any rights of a creditor, whether
arising out of an attempt to charge upon that Member's Interest by judicial
process or otherwise, if such Member fails to effectuate the release of
those enforcement rights, whether by legal process, bonding, or otherwise,
within 90 days after the actual notice of such creditor's action.
I.04 Business. The ownership, management, and operation of the Company, and all
business activities related or incidental thereto.
1.05 Capital Account. As of any date, the Capital Account maintained for each
Member or a Member's Successor in Interest in accordance with the provisions of Article IV.
1.06 Capital Contribution. The amount of money or the agreed-upon Fair Market
Value of property contributed to the Company by a Member or a Member's predecessor in
interest on the date of contribution.
L07 Capital Transaction. The sale of all or substantially all of the Assets of the
Company, or any other transaction representing a sale of, or realization upon, the Assets of the
Company that is not in the ordinary course of the Company's Business.
1.08 Code. The Internal Revenue Code of 1986, as may be amended or superseded
from time to time.
1.09 Company. Olde Towne Housing, LLC, aVirginia limited liability company.
1.10 Deadlock. A deadlock among the Members in the management of the Business of
the Company that the Members are unable to break after engaging in a good-faith effort to
compromise or resolve their differences through mediation conducted under the auspices of an
agreed mediation intermediary.
I
1.1 Debt Service. The total of all payments, including principal and Interest, due with
respect to any loans to the Company or to which the property or Assets of the Company are
subject.
1 .13 Fair Market Value. Except as otherwise expressly specified in this Agreement,
where the context requires, the amount at which property would change hands between a willing
buyer and a willing seller, neither being under a compulsion to buy or sell and both having
reasonable knowledge of the relevant facts.
l.I4 Gain from Sale. Any gain for federal income tax purposes resulting from the sale
or other disposition of the Assets of the Company not in the ordinary course of the Business.
1 .15 Interest. The ownership Interest of a Member of the Company at any particular
time, expressed as a percentage of the Members' aggregate CapítaI Contributions, initially set
forth in Exhibit A, which may include Economic Interest. Interest in the Company entitles a
Member to vote in Company Business and to participate in control of the Company.
1 .16 Loss from Sale. Any loss for federal income tax purposes resulting from the sale
or other disposition of the Assets of the Company not in the ordinary course of the Business.
I.I7 Members. The Persons whose names are set forth in Exhibit A in each such
Person's capacity as a Member of the Company, and any Person admitted as a new Member
under this Agreement. All references herein to a Member or Members shall be deemed to apply
to and include any Successor in Interest except when a reference to a Member would confer upon
or attribute (explicitly or implicitly) to a Successor in Interest any of the rights, remedies,
privileges, or status of a Member in contravention of any other terms of this Agreement.
1.18 Net Cash from Operations. For any fiscal year, the excess Operating Revenues
over the sum of:
1 .19 Net Income or Net Loss. The income or loss, as the case may be, of the Company
for a period as determined in accordance with section 703(a)(1) of the Intemal Revenue Code,
including each item of income, gain, loss, or deduction required to be separately stated, but
excluding Gain from Sale or Loss from Sale and items specifically allocated under Article VI.
1.20 Operating Expenses. All costs and expenses of ownership and operation of the
Company, including but not limited to: costs of operation; taxes; insurance premiums; utility
costs; charges for cleaning and cleaning supplies; costs of repairs and maintenance; costs and
fees associated with management; payroll costs; general, administrative, and overhead costs;
audit and appraisal expenses; leasing fees; any other expenses incurred in the ordinary course of
operating the Company; and reserves for Operating Expenses and capital expenditures as
determined by the Members.
l.2l Operatins Revenues. All cash revenue from the operation of the Business,
interest income received during the year, and reserves set aside in prior years and no longer
deemed necessary for the Business in the reasonable discretion of the Members.
I.24 Person. Any human being or any firm, organization, partnership, limited liability
company, association, corporation, estate, trust, or other entity and any administrator, executor,
trustee, trustee in Bankruptcy, receiver, or other legal representative.
I.25Preferred Distribution. A nine percent (9Yo) interest rate per annum, cumulative,
compounded annually, return upon the Capital Contribution of a Member or Successor in
Interest.
1.26 Prime Rate. The Prime Rate (or base rate) of interest reported in the "Money
Rates" column or section of The Wall Street Journal as being the base rate on corporate loans at
larger United States Money Center commercial banks on the first date on which The V/all Street
Journal is published in each month. If The Wall Street Journal ceases publication of the Prime
Rate, then the "Prime Rate" shall mean the "Prime rate" or "base rate" announced by the bank
with which the Company has its principal banking relationship (whether or not that rate has
actually been charged by that bank). If that bank discontinues the practice of announcing such
rate, "Prime Rate" shall mean the highest rate charged by that bank on short-term, unsecured
loans to its most creditworthy large corporate borrowers.
1.27 Regulations. Federal income tax regulations promulgated under the Code by the
United States Department of the Treasury, as amended from time to time.
1.28 Successor in Interest. A Person other than a Member who succeeds to ownership
of all or any portion of a Member's Interest in the Company upon the death, dissolution, or
Bankruptcy of such Member or upon any other disposition of that Interest to that Person. A
Successor in Interest shall be bound by, and take such Interest subject to, the terms and
conditions of this Agreement as it applies to Members and their Interests, but a Successor in
Interest shall not have any other rights or privileges of a Member unless and until such Successor
in Interest is admitted as a Member in accordance with the provisions of this Agreement.
ARTICLE II
FORMATION AND TERM
2.01 Formation. The Members acknowledge the formation of the Company under the
Act. The Virginia State Corporation Commission (SCC) issued the Certificate of Organizationon
the25th day of March,2009.
2.02 Term. The term of the Company shall be perpetual unless terminated in
accordance with this Agreement.
2.03 Business and Purpose of the Companv. The Business and Purpose of the
Company is to engage in any lawful business, including without limitation the purpose of
acquiring certain real estate in the Town of Pearisburg and Giles County, Virginia, and
developing and operating thereon affordable housing apartments and amenities and commercial
office space, using a combination of debt and equity derived from federal low income housing
tax credits and to do all acts necessary or incidental to the accomplishment of that purpose and to
engage such engineers, architects, contractors and other persons to accomplish such purpose. In
particular, the Company is authorized to prepare and file an application for reservation of low
income housing tax credits with the Virginia Housing Development Authority and to enter into
such other agreements as may be required for the purposes set forth above.
2.04 Partnership Tax Treatment. The Members intend that the Company be classif,red
as a partnership for federal income tax purposes and this Agreement shall be interpreted
accordingly.
ARTICLE III
NAME. PRINCIPAL OFFICE. AND REGISTERED AGENT
3.01 Name. The name of the Company is OLDE TOWNE HOUSING, LLC. The
Business of the Company may be conducted under such trade or fictitious names as the Members
may determine.
3.02 Principal Office. The principal office of the Company, at which the records
required to be maintained by the Act are to be kept, shall be 601 V/enonah Avenue, Pearisburg,
YA 24134 or any other place as the Members may determine.
3.03 Registered Agent. The Company's agent for service of process shall be James A.
Hartley, a resident of Virginia and a member of the Virginia State Bar, whose business address is
503 Mountain Lake Avenue, P.O. Box 5l l, Pearisburg, VA 24134, or any other qualified Person
as the Members may designate.
ARTICLE IV
MEMBERS AND CAPITAL
4.0I Initial Members and Initial Capital Contributions. The names, addresses,
Economic Interests, ownership Interests, and initial Capital Contributions of the Members, who
agree fhat the initial Capital Contributions will be made simultaneously with the execution of this
Agreement, are set forth in Exhibit A. For any Person who acquires an Economic Interest in the
Company after the date of execution of this Agreement and is admitted as a Member pursuant to
paragraph 8.01(c), the initial Capital Contribution will be determined by a majority of the
Members.
4.02 Intellectual Property as Initial Capital Contribution. V/ithin five business days
after the execution of this Agreement, the Members shall contribute to the Company as their
initial Capital Contribution:
ii. All drawings, specifications, parts lists, supplier lists, operating manuals,
and all other documentation and materials relating to IP;
4.04 Interest and Return of Capital Contribution. No Member shall receive any interest
on the Member's Capital Contribution. Except as otherwise expressly provided in this
Agreement, the Members shall not be allowed to withdraw or have refunded any Capital
Contribution.
4.05 Loans by Members. No Member shall be required to make any loan to the
Company. Any Member may loan to the Company any sum thatamajority of Members
determine to be appropriate for the conduct of the Business. Any such loan shall bear interest at a
fluctuating rate equal to two percentage points above the Prime Rate. Any loan under this
paragraph shall be repaid in full before any distributions are made under Article VI.
4.07 Capital Accounts. Separate Capital Accounts shall be maintained for each
Member in accordance with the following provisions:
a. Each Member's Capital Account shall be credited with the Fair Market Value of
that Member's:
b. Each Member's Capital Account shall be debited with the amount of cash and the
Fair Market Value of that Member's:
ARTICLE V
ALLOCATIONS
5.01 Net Income. Net Loss. and Tax Credits. Net Income and Net Loss shall be as
determined for reporting on the Company's federal income tax return and adjusted in accordance
with the Regulations under Code Section 704(b). All items of income, gain, loss, deduction, or
credit shall be determined in accordance with the Code, and Net Income shall first be allocated to
those Members receiving Preferred Distributions, until the aggregate amounts allocated under
this sentence for the current year and all prior years equals the aggregate amount of Prefened
Distributions paid for the current year and all prior years. Thereafter, all remaining items of
income, gain, loss, deduction, or credit shall, except to the extent otherwise required by the Code
and the Regulations, be allocated to and among the Members and their Successors in Interest in
proportion to their respective Economic Interests.
5.02 Maintenance of Capital Accounts. Except as otherwise required by the Code and
Regulations, all allocations of profits and losses for purposes of maintaining the Capital
Accounts of the Members shall be made to the Members in accordance with the Members'
Economic Interests in the Company, which shall be in accordance with the "partners' interest in
the partnership" within the meaning of Code Section 704(b).
5.03 Mid-Year Transfers. In the case of a Member's Economic Interest that has been
transferred during the Company's fiscal year, unless otherwise agreed by the parties:
i. All Net Income and Net Loss assignable to such Economic Interest shall
be allocated between the transferor and the transferee in the ratio of the
number of days in the year before and after the effective transfer date
without regard to the dates during the year on which the income was
earned, losses were incurred, or Net Cash from Operations was distributed.
ii. All Gains from Sale or Loss from Sale shall be allocated to the holder of
the Economic Interest as of the date on which the Company recognizes
that gain or loss.
iii. Net Cash from Operations shall be allocated and distributed to the holder
of the Economic Interest on the date of distribution.
ARTICLE VI
DISTRIBUTIONS
6.01 Net Cash Flow Distributions. Subject to paragraph 6.02 below, on or before
March 15th the Company shall make annual distributions to the Members, provided Assets
remain after the Company satisfies its debts and liabilities. Net Cash Flow shall be distributed to
the Members as follows:
ii. As provided in paragraph 6.02, for payment of federal and state income
taxes; and
iii. The balance, if any, to the Members and any Successors in Interest in
proportion to their Economic Interests.
6.02 Distributions to Pay Tax. The Company shall, except as otherwise agreed upon
by the unanimous consent of the Members, cause the Company to make a "Tax Distribution"
prior to the tenth day of April, July, October, and January of each fiscal year of the Company in
an amount equal to one-fourth of the Members'Estimated Tax Liability, which amount shall be
distributed among the Members pro rata in proportion to their respective Economic Interests for
the relevant portion of such fiscal year, provided, however, that the Tax Distribution payable to
the Members for a fiscal year (or portion thereof) shall be reduced to reflect the tax effect of net
losses and deductions (i.e., the excess of losses and deductions over income and gains) and
credits allocated by the Company to the Members generally for federal income tax purposes in
any and all earlier periods (except to the extent previously applied to reduce a Tax Distribution or
to the extent the carryforward period for such losses or credits has expired). [In the event that any
Members are allocated a share of taxable income in respect of the Company, and the Company
does not have sufficient funds available to make the Tax Distribution, then the Company shall
borrow such funds as shall be necessary to effect the provisions of this Section 6.021.
For purposes of this Section 6.02,the following terms shall have the following meanings:
iii. "Tax Distribution Rate" means forty-five percent or such other percentage
as may be determined by the Company from time to time as the
approximate highest current marginal combined federal and state income
taxrate (determined after giving effect to the deduction (if allowed) of
state income taxes for federal income tax purposes) as is applicable to a
person ultimately taxed on the income of a Member.
ARTICLE VII
MANAGEMENT AND MEMBERS
7.01 Manasement. The powers of the Company shall be exercised by or under the
authority of the Members. The Business of the Company shall be managed under the direction of
the Members. The Members shall be entitled to make all decisions and take all actions for the
Company, including but not limited to the following:
v. Paying debts and obligations of the Company to the extent that the
funds are available;
7.03 Required Consent for Action. The decision of the Member or Members holding a
majority of the Economic Interests shall prevail and be the decision of the Company in any action
requiring the consent of the Members. Only if an article or paragraph of this Agreement
specifically provides for a vote of Economic Interests different than that of a majority will the
majority rule of this paragraph not apply.
a. A Member may vote his or her shares in person or by proxy. A Member may
appoint a proxy to vote or otherwise act for him or her by signing an appointment
form, either personally or by the Member's attorney-in-fact. An appointment of a
proxy is effective when received by the meeting secretary or other ofhcer or agent
authorized to tabulate votes. An appointment of a proxy is revocable by the
Member unless the appointment form conspicuously states that it is irrevocable
and the appointment is coupled with an Interest.
b. The death or incapacity of a Member appointing a proxy does not affect the right
of the Company to accept the proxy's authority unless notice of the death or
incapacity is received by the meeting secretary or other officer or agent authorized
to tabulate votes before the proxy exercises his or her authority under the
appointment.
d. Subject to any legal limitations on the right of the Company to accept the vote or
other action of a proxy and to any express limitation on the proxy's authority
appearing on the face of the appointment form, the Company is entitled to accept
the proxy's vote or other action as that of the Member making the appointment.
7.06 Actions Requiring Unanimous Consent. Notwithstanding paragraph 7.03, the
unanimous consent of the Members shall be necessary for any of the following actions to be
taken on behalf of the Company:
i. Fixing or modiffing the salary paid to any Member or fixing or paying any bonus
or other compensation to any Member;
vl. Making any loans or advances on behalf of the Company to any other party;
x. Any other matter under which the express terms of this Agreement require the
unanimous consent of the Members.
7.07 Annual Meeting. The annual meeting of the Members shall be held on the first
day of May of each year at 4 p.m.or at any other time as shall be determined by the Members for
the purpose of the transaction of any business as may come properly before the meeting.
7.08 Special Meetings. Special meetings of the Members, for any pu{pose, unless
otherwise prescribed by statute, may be called at the request of any Member.
'Written
7.09 Notice of Meetinss. notice is required for any meeting of the Members.
The notice must state the place, day, and hour of any meeting and, if it is a special meeting, the
purpose for which the meeting is called. The notice must be delivered to each Member not less
than two but no more than twenty-one days before the date of the meeting, either personally or by
mail, by or at the direction of the Person or Persons calling the meeting.
7.10 Conduct of Meetines. All meetings of the Members shall be presided over by a
chairman of the meeting, who shall be designated by the Members. The chairman of any meeting
of Members shall determine the order of business and the procedure at the meeting to include the
manner of voting and conduct of the discussion. The chairman shall appoint a secretary to take
minutes of the meeting.
7.Il Participation by Electronic Means. Members may participate and hold a meeting
by means of conference telephone or alternate communications equipment that provides for the
simultaneous distribution and reception of information among the Members. Such participation
shall constitute attendance and presence in person at such a meeting.
7.12 Waiver of Notice. When any notice of a meeting of the Members is required to be
given, a waiver of such notice in writing signed by a Member entitled to such notice shall be
equivalent to the proper giving of notice for that meeting. The writing may be signed before,
during, or after the meeting described in the notice.
ARTICLE VIII
TRANSFER OF INTEREST
a. Except as provided in paragraphs 8.02 and 8.03 and Article X of this Agreement,
each Member agrees that no transfer of any part of the Member's Economic
Interest in the Company will be made to any Person without first offering to sell
that Economic Interest to the Company or to all the Members.
b. The Company or any of the Members shall have the right to accept the offer of a
Member at any time within thirty days following the date on which a written offer
is delivered to the Company. The consent of all non-assigning Members shall be
required to authorize acceptance by the Company or any of the Members of such
an offer. If the Company or any of the Members fails to accept the offer within the
thirty-day period, the Member's Economic Interest may be disposed of free of the
restrictions imposed by this Agreement over the next ninety days. However, the
purchase price for the Member's Economic Interest shall not be less favorable and
the terms of purchase for the Economic Interest shall not be more favorable than
the price and terms originally offered to the Company. Any Economic Interest not
disposed of within the ninety-day period shall remain subject to the terms of this
Agreement.
8.03 Dissociation.
a. An Option Event will occur if any Option Member of the Company triggers a
dissociation provision under the Act. The Company shall have the option to
purchase the Option Member's Interest upon the terms and conditions set forth in
this Article.
b. Upon any Option Event, the Option Member shall deliver written notice of such
occuffence to the Company. The Company shall have the option, but not the
obligation, to purchase the Option Member's Interest for the Fair Market Value at
any time during the thirty-day period immediately following the date on which it
receives notice of the occurrence of the Option Event. The consent of all of the
non-Option Members shall be required to authorize the exercise of the option by
the Company. The option must be exercised by delivery of a written notice from
the Company to the Option Member during the thirty-day period. Upon delivery
of such notice, the exercise of the option shall be final and binding on the
Company and the Option Member.
If the option is not exercised, the Business of the Company shall continue, and the
Option Member shall retain the Economic Interest but shall no longer be a
Member of the Company.
d. The Fair Market Value of the Option Member's Interest shall be equal to the pro
rata share of the Company's Fair Market Value as of the last day of the month
preceding the month in which the notice of an Option Event was received by the
Company. The Company's Fair Market Value will be determined in the followinø
manner:
ll. If the parties are unable to agree upon an appraiser, the Company's
Fair Market Value shall be equal to the averuge of appraisals made
independently by two appraisers, one selected by the Company and
the other by the Option Member, provided the higher appraisal
does not exceed the lower by more than25Yo. Each party shall
select an appraiser and deliver written notice of the appraiser's
name and address to the other party within ninety days after the
expiration of the above thirty-day period. The appraisers shall
return the appraisals to the Company within ninety days of the
notice of the Option Event. The cost of the appraiser selected by
the Company shall be borne by the Company. The cost of the
appraiser selected by the Option Member shall be borne by the
Option Member;
iii. If the higher of the two appraisals exceeds the lower by more than
25o/o, athird appraiser shall be selected by the first two appraisers
within one hundred fifty days of the notice of the Option Event,
and the Company's Fair Market Value shall be the value of the
avetage of the two closest appraisals. The appraiser shall return the
appraisal to the Company within two hundred ten days of the
notice of the Option Event. If apafi fails to appoint an appraiser
within the ninety-day period, the other appraiser so appointed shall
act alone and the decision will be binding on all parties. The cost
of any third appraiser shall be borne equally by the Company and
the Option Member.
The Company will pay additional amounts computed as if the Option Member
were entitled to interest on the undistributed amount of the total distribution to
which the Option Member is entitled, multiplied by an annual rate equal to two
percentage points above the Prime Rate as determined on the 30th day after the
appraisal. Additional amounts, computed like interest, shall be due and payable on
the same dates as the annual installments of the distributions payable to the
Option Member.
o
Þ' Any unpaid Capital Contributions of the Option Member and any damages
occurring to the Company as a result of the Option Event shall be taken into
account in determining the net amount due the Option Member at the closing and
at any subsequent distribution. Any such unpaid Capital Contributions and
damages shall be offset against payment for the Option Member's Interest and
subtracted from the installment payments as they become due.
h. When the Company obligates itself to purchase an Option Member's Interest and
it is prohibited from purchasing all or any portion of such Interest pursuant to the
Code or any loan agreement or similar restrictive agreement, the Option Member
and the remaining Members shall, to the extent permitted by law, take appropriate
action to adjust the value of the Company's Assets from book value to a fair
valuation based on accounting practices and principles that are reasonable under
the circumstances in order to permit the Company to purchase such Option
Member's Interest. If the Company obligates itself to purchase an Option
Member's Interest under this Article and the above action cannot be taken or does
not create sufficient value to permit the Company to do so, the Company shall be
obligated to purchase the portion of the Option Member's Interest it is permitted to
purchase.
In order to fund any obligations under this Agreement, the Company or the
Members may, but shall not be obligated to, maintain such life insurance policies
on the lives of one or more Members as the Members determine to be desirable.
8.04 Absolute Prohibition. Notwithstanding any other provision in this Article, the
Option Member's Interest, in whole or in part, or any rights to distributions therefrom, shall not
be sold, exchanged, conveyed, assigned, pledged, subjected to a security interest, or otherwise
transferred or encumbered, if as a result thereof and in the opinion of Company counsel, the
Company would be terminated for federal income tax purposes or such action would result in a
violation of federal or state securities laws.
8.05 Expulsion. The Members may elect to expel another Member with or without
cause. The Company shall provide written notice to an expelled Member within three working
'When
days after the Company's decision to expel such Member. a Member is expelled from the
Company, he or she is immediately dissociated from the Company and the Company shall
purchase the expelled Member's Interest for $1,000.00. The Company reserves the right to seek
damages from the expelled Member for any acts or omissions related to the expulsion.
8.06 Resignation. Any Member may elect to resign from the Company and to sell his
or her entire Interest in the Company to the Company at any time by serving written notice of
such election upon the Company. Such notice shall set forth the date upon which such
resignation shall become effective, which shall not be less than fifteen days and not more than
sixty days from the date of such notice. The purchase price for a resigning Member's Interest in
the Company shall be established at the time of resignation and shall be payable in such equal
annual installments as are established at the time of such resignation.
8.07 Effect of Prohibited Action. Any assignment or other action in violation of this
Article shall be void and of no force or effect.
8.08 Rights of a Successor in Interest. If a Successor in Interest is not admitted as a
Member because of the failure to satisff the requirements of paragraphs 8.01, 8.02, and 8.04,
such Successor in Interest shall nevertheless be entitled to receive such distributions from the
Company as the assigning Member would have been entitled to receive under paragraphs 6.01,
6.02, and 9.0a(c) of this Agreement withrespect to the Member's Economic Interest had the
assigning Member retained such Interest. In that event, the assigning Member shall no longer be
entitled to receive such distributions.
ARTICLE IX
DISSOLUTION AND TERMINATION
9.01 Events of Dissolution. The Company shall be dissolved upon the first to occur of
the following:
i. Any event under the Act that requires dissolution of the Company; or
ii. The unanimous written consent of the Members to the dissolution of the
Company; or
9.02 Liquidation. Upon the dissolution of the Company, it shall wind up its affairs
and, subject to paragraph 9.04(c), distribute its Assets in accordance with the Act by either one or
a combination of both of the following methods as the Members shall determine:
ii. Distributing the Company's Assets to the Members in kind with each
Member accepting an undivided interest in the Company's Assets, subject
to the Member's liabilities, in satisfaction of the Member's Interest. The
interest conveyed to each Member in such Assets shall constitute a
percentage of the entire interests in such Assets equal to such Member's
Interest.
9.04 Distributions. Upon liquidation, the Company Assets shall be distributed in the
following order and in accordance with the following priorities:
i. First, to the payment of the debts and liabilities of the Company and the
expenses of liquidation, including a sales commission to the selling agent,
if any; then
ll. Second, to the setting up of any reserves that the Members deem
reasonably necessary for any contingent or unforeseen liabilities or
obligations of the Company. At the expiration of such period as the
Members shall deem advisable, but in no event to exceed twelve months,
the Company shall distribute the balance thereof in the manner provided in
the following subparagraph; then
nr. Third, to the Members and any Successors in Interest who have positive
Capital Accounts immediately preceding the liquidation in proportion to
their positive Capital Accounts until all positive Capital Accounts have
been reduced to zero.
9.06 Taxable Gain or Loss. Taxable income, gain, and loss from the sale or
distribution of Company property incurred upon or during liquidation and termination of the
Company shall be allocated to the Members as provided in Article VL
ARTICLE X
BUY-SELL AGREEMENT
b. The Triggering Member shall deposit in escrow fifty percent of the total
price offered for all of the Recipient Members'Interests
contemporaneously with the sending of notice. Such deposit will be made
with an independent or certified public accountant then serving the
Company (Escrow Agent), who shall act as a bona fide Escrow Agent.
c. Within thirty days after receipt of the notice from the Triggering Member,
the Recipient Members shall elect either:
Such election shall be made by sending notice to the Triggering Member and to the Escrow
Agent. If the Recipient Members elect to purchase all of the Triggering Member's Interest, the
Recipient Member shall deposit in escrow one hundred percent of the total price offered for all of
the Triggering Member's Interest contemporaneously with the sending of written notice of such
intent.
ii. Upon settlement, the Member whose Interest is being conveyed shall
withdraw as a Member of the Company and shall have no further interest
or claim to or against the Compmy, ffiy Member, or their Assets or
properfy.
10.03 Guaranteed Debt. Notwithstanding the foregoing paragraphs, if the Company has
guaranteed debt outstanding at the time this "buy-sell" procedure is invoked, the Member who
obligates to sell his or her Interest shall not be required to consummate such sale unless and until
the selling Member is released from his or her respective personal guaranties on such guaranteed
debt by the creditor thereof. Alternatively, the purchasing Member may indemnifu the selling
Member provided such indemnification is consented to by the selling Member. Such consent
shall not be unreasonably withheld by the selling Member. No such release from guaranteed debt
or indemnification shall impair any obligation incurred by an indemnif ing Member to indemniff
a paying Member accruing before the date of settlement under this Article.
ARTICLE XI
REPORTS AND RECORDS
1 1.01 Records. The Company shall keep full and accurate books of account and records
at the principal office. Upon reasonable notice, each Member, or the Member's designated
representative, shall have access to these books and records during reasonable business hours and
may inspect and make copies of them at the Member's expense.
I1.02 Financial and Operating Statements and Tax Returns. Within thirty days of the
close of each fiscal year of the Company, the Company shall deliver to each Member and
Successor in Interest a statement setting forth that Member's or Successor in Interest's allocable
share of all tax items of the Company for such hscal year and all other information as may be
required to enable the Members or any Successors in Interest to prepare their federal, state, and
local income tax returns. The Company also shall prepare and file all federal, state, and local
income tax returns required for each fiscal year.
I 1.03 Banking. The funds of the Company shall be kept in one or more sep¿rrate bank
accounts in the name of the Company in such banks or other federally insured depositories as
may be designated by the Members. The funds of the Company may be invested in the name of
the Company in such manner and upon such terms and conditions as may be designated by the
Members. All withdrawals from any such bank accounts or investments established by the
Members shall be made on such signature or signatures as may be authorized by the unanimous
consent of the Members. Any account opened for the Company shall not be commingled with
other funds of the Members or interested Persons.
11.04 Accountins Convention. The Company shall keep its books in accordance with
the cash basis method of accounting.
ARTICLE XII
GENERAL PROVISIONS
12.01 Governing Law. This Agreement and the rights and liabilities of the parties shall
be governed exclusively by the Agreement's terms and by the laws of the Commonwealth of
Virginia, without reference to its choice of law provisions, and specifically the Act.
12.02 Construction. Whenever the context may require, any pronouns used herein shall
include the corresponding masculine, feminine, or neutral forms, and the singular form of nouns
and pronouns shall include the plural and vice versa.
12.05 Successors. Each and all of the covenants, terms, provisions, and agreements
herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the
extent permified by this Agreement, their respective heirs, legal representatives, successors, and
assigns.
12.07 Entire Agreement. This Agreement sets forth all of the promises, agreements,
conditions, and understandings among the parties regarding the subject matter hereof and
supersedes all prior and contemporaneous negotiations, conversations, discussions,
correspondence, memoranda, and agreements among the parties concerning such subject matter.
12.08 Attorney Fees. If any Member brings an action to enforce any provision of the
Agreement against the Company or any other Member, the prevailing party shall be entitled in
addition to any other rights and remedies available to him or her, to collect from the non-
prevailing party the reasonable costs and expenses incurred in the investigation preceding the
action and the prosecution of such action, including but not limited to reasonable attorney fees
and court costs.
72.09 Addresses. Each Member shall keep the Company informed of his or het current
address.
By:
Rebècca H. Moses
March 25,2A09
Ethl,þit Ä
b{embers and Succq$$çîs i4 Érærcst
or:
NmelÄddresc oflder¡rbc¡ fuitÍal Çapital
lnterest
Successor in Conffibuti-on tnterest Economic Interest
Pearisburg Comrnunþ
Development Corporation
Sole Member
Rebecca Moses, President
Wanda Meador, Executive Dir.
TAB C
(VA SCC Certifïcation)
Hartley & Chidester PC Fax 15409212008 l,lay 5 2009 09:15am P002/002
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INSTRUCTIONS:
I Thiscertificofion must be signed by on individuol who is, or is outhorized to oct on beholf of the Controlling Generol
Portner (if LP) or Monoging Member (if LLC) of the Appliconl, os designoled in the Applicoiion. VHDA will occept
on outhorizqtion documenl, which gives signolory outhorizolion to sign on behqlf of the principols.
2 Atloch o resume for eoch principol of lhe generol portnership (GP) or limited liobility compony (LLC) ond on
orgonizotion chort for the limiled porlnership (LP) ond LLC.
3 A Schedule A is required for eoch principol of lhe GP.
4 tor eoch property lisled os "non-complionce found," pleose ottoch o deloiled explonotion of the noture of the non-
complionce, stoting whether or not it hos been resolved.
5 The dote of lhis certificotion musl be no.more thon 30 doys prior to submission of the Applicofion.
Foilure to clisclose inforrnotion obout properlìes whìch hove been founcJ to i:t; oui of cornplioncê ôr ony moleriol mis-
representctions ore grounds for rejeclion of on opplicotion and prohibilion ogoinsl fulure opplicolions.
DEFINITIONS:
For the purpose of this Certificolion, lhe following definilions sholl opply:
Develoomenf sholl meon fhe proposed multifomily rentol housing development idenlified obove.
Porticioonls sholl meon the principols who will porlicipote in the ownership of the development.
Principol sholl meon ony person (including ony individuol, joint venture, porlnership, limited liobility compony,
corporolion, nonprofit orgonizotion, trust, or ony other public or privofe entity) lhot (i) with respecl lo the proposed
development, will own or poriicipote in the ownership of the proposed development or (ii) with respecf to on existing
multifomily rentol projecl, hos owned or porlicipoted in the ownership of such project, oll os more fully described
hereinbelow. The person who is lhe owner of the proposed developmeni or mullifomily renlol project is considered o
principol. ln determining whether ony other person is o principol, the following guidelines sholl govern:
l. ln the cose of o portnership which is o principol (whether os the owner or otherwise), oll generol portners ore olso
considered principols, regordless of the percenloge interest of lhe generol portner;
2. ln the cose of o public or privole corporolion or orgonizoiion or governmentol enlity thot is o principol (whether os
the owner or otherwise), principols olso include the presidenl, vice president. secretory, ond treosurer ond other
officers who ore directly responsible to the boord of direclors or ony equivolent governing body, os well os oll
directors or ofher members of the governing body ond ony slockholder hoving o 25% or more interesl;
3. ln the cose of o limited liobilily compony (LLC) thof is o principol (whether os the owner or olherwise), oll members
ore olso considered principols, regordless of the percentoge interest of the member;
4. ln the cose of o trust thot is o principol {whether os the owner or oiherwise), oll persons hoving o 257" or more
beneficiol ownership interest in lhe ossets of such trust;
5. ln lhe cose of ony other person thoi is o principol (whether os lhe owner or otherwise), oll persons hoving o 25% or
more ownership interest in such olher person ore olso considered principols; ond
6. Any person thot directly or indirectly conlrols, or hos the power 1o conlrol, o principol sholl olso be considered o
principol.
CERTIFICATIONS:
Ihereby certify thot oll lhe stotemenls mqde by me ore lrue, complete ond correct io the best of my knowledge ond
belief qnd ore mode in good foith, including the doto contoined in Schedule A ond ony slqlements otloched to this
cerlificqtion.
t. I further certify thot for the period beginning l0 yeors prior to the dqte of ihis Certificolion:
During ony lime thoT ony of the porticiponts were principols in ony mulfifomily rentol projecl, no projecl hos been
foreclosed upon, no morigoge hos been in defoult, cssigned to the mortgoge insurer (governrnenlol or privote), nor
hos mortgoge relief by the mortgogee been given;
b. During cny time thot ony of the porticiponts were principols in ony mullifomily renlol projecl, Ihere hos not been ony
breqch by lhe owner of qny ogreements reloling to the construction or rehobilitolion, use, operolion, monogemenl
or disposilion of lhe project;
c. To lhe best of my knowledge. there qre no unresolved findings rqised qs o result of stote or federol qudits,
monqgement reviews or other governmentol invesligotions concerning ony multifomily renlol projecl in which ony of
the poriiciponls were principols;
During ony time thot ony of the porticiponis were principols in ony mullifomily rentol project, there hos nol been o
suspension or lerminqtion of poyments under ony stote or federql ossistonce contrqcl for ihe project;
None of the porliciponls hqs been convicled of o felony ond is not presenily, to my knowledge, lhe subject of o
comploini or indictment chorging o felony. A felony is defined os ony offense punishoble by imprisonment for o term
exceeding one yeqr, but does not include ony offense clossified qs q misdemeonor under the lqws of o stqfe ond
punishoble by imprisonment of lwo yeors or less;
None of lhe porticiponts hos been suspended, debqrred or otherwise restricled by ony federol or slqle
governmenlol enlity from doing business wilh such governmentol entity; ond
9. None of the porliciponts hos defqulted on on obligolion covered by o surety or performonce bond qnd hos nol
been the subject of o cloim under on employee fideliiy bond.
2. I further certify thol none of the porticiponts is o Virginio Housing Development Authority (VHDA) employee or o
member of the immediote household of ony of its employees.
I further certify thot none of ihe porticiponls is porticipoting in the ownership of o multifomily 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 c multifomily rentol
housing project ossisted by ony federol or stqte governmentol enlily) which hqs been substontiolly complefed for
more thon 90 doys bul for which requisite documents for closing, such qs ihe finql cosl certificotion, hove nol been
filed with such governmentol entity.
4. I further certify thot none of the porticiponts hos been found by ony federql or slqle governmenlol enlily or court lo
be in noncomplionce wiih ony opplicoble civil rights, equol employment opporlunily or foir housing lows or
reguloiions.
5. I further cerlify thoi none of lhe pcriiciponts wos o principol in ony multifomily rentol project which hos been found
by ony federol or stote governmentol enlity or court to hove foiled to comply with Seclion 42 ol Ihe Iniernol Revenue
Code of l98ó, os omended, during the period of time in which lhe porticipont wos o principol in such project.
6. Slolements obove (if ony) to which I connot certify hove been deleled by striking through the words. ln the cose of
ony such deletion, I hove otloched o lrue ond occurole stotemenl to exploin lhe relevonl focls qnd circumstonces.
WARNING: lF THIS CERTIFICATION CONTAINS ANY MISREPRESENTATION oF A MATERIAL FACT, THE AUTHORITY 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.
Rebecco Moses S/r.f /Ot¡
Dote (nrust be no rnore thon 30 doys prior lo subrnissiotr of the Applicotion)
Schedule A: list of All Tox Credit Developmenls lor Eoch Prlncipol to lhis Cerlificotion
Complele fhe following, using seporote poge(s) os needed, for eoch principol. Lisl oll developments thol hove
received ollocotions of tox crediis under Section 42 of the lRC.
Peorisburq Communily Developmenl Corporolion Conlrolling G. P. of Proposed Project?
Principol's Nome: YorN
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I st PAGE TOTAT: 100% Totql unils
Pearisburg Community Development Corporation
601 Wenonah Avenue
Pearisburg, VA 24134
s40-921-2815
Resume
Managing general partner for housing tax credit developments in Giles County, Virginia
including:
EDUCATION
Pearisburg Comrnunity
Development Corporation
Sole Member
Rebecca Moses, President
Wanda Meador, Executive Dir.
TAB E
(Nonprofit Questionnaire)
VHDA
Nonprofit Questionnaire
Part II, 13VAC10-180-60, of the Qualified Allocation Plan (the "Plan") of the Virginia Housing Development
Authority (the "Authority") for the allocation of federal low income housing tax credits ("Credits") available under $42
of the Internal Revenue Code, as amended (the "Code") establishes certain requirements for receiving Credits ûom the
Nonprofit Pool established under the Plan and assigning points for participation of a nonprofit organization in the
development of qualified low-income housing.
Answers to the following questions will be used by the Authority in its evaluation of whether or not an
applicant meets such requirements (attach additional sheets as necessary to complete each question).
1. General Information.
d. Address of principal place of business ofNonprofrt entity: 601 V/enonah Ave., Pearisbtrg,YA24l34
Indicate funding sources and amount used to pay for office space:
Manasement fees from existine housing proiects.
h. Describe exempt purposes (must include the fostering of low-income housing in its articles of incorporation):
Purposes include the sale, fmance, purchase, management, maintenance, consfiuction, improvement and
rehabilitation of housing for people with low, very low and moderate incomes who live in Pearisburg,
Vireinia and surrounding communities.
j. Explain the anticipated future activities of the Nonprofit over the next five years:
PCDC will seek to facilitate the development of additional units of aflordable housing in Giles County.
Potential proiects include downtown housing in Pearisburg, housing for aging Giles County residents and
additional large family units (3-bedroom or larger.)
k. How many full time, paid staffmembers does the Nonprofit and, if applicable, any other nonprofit
organization(s) ("Related Nonprofit(s)") of which the Nonprofit is a subsidiary or to which the Nonprofit is
otherwise related (by shared directors, stafi etc.) have? 3 How many part time,
paid staffmembers? I Describe the duties of all staffmembers:
Executive director (full-time)-Leads housing development efforts, obtains commitment of financing,
and provides guidance to the board of directors. Propefi manager (full-time)-Assists executive director and
oversees day-to-day rental operations. Property maintenance supervisor (full-time}-Oversees day-to-day
maintenance of rental properties. Leasing assistant (parttime)-Assists with resident applications and
adminishative duties. PCDC shares staffwith Giles County Housing and Development Corporation.
Does the Nonprofit share staffwith any other entity besides a Related Nonproftt described above?
[Yes X No If yes, explain in detail:
How many volunteers does the Nonprofit and, if applicable, any Related Nonprofit have? 20
University students assist with rehabilitation eflorts and other housing proiects each year during the spring.
What are the sources and manner of funding of the Nonprof,rt? (You must disclose all financial and/ or
the arrangements with any individual(s) or for profit entity, including anyone or any entity related,
directly, indirectly, to the Owner of the Development
PCDC serves as General Partner for four existing housing tax credit developments.
List all directors of the Nonprofit, their occupations, their lenglh of service on the board, and their
residential addresses:
Rebecca Moses-retired teacher; 14 years on the board; 306 Gale Road, Pearisburg, VA 24134.
Dan Level-retired business owrìer; 7 years:31 I Painter St., Pearisburg,VA24l34
Ann Angert-grant writer, New River Community Action/retired Executive Director, PCDC & GCHDC;
3 years; P.O. Box 292, Newport, VA 24128
Nonprofit Formation.
b. Is the Nonprofit, or has it ever been, affiliated with or controlled by a for profit entity or local housing
authority? n yes X No If yes, explain in detail:
Has any for profit organization or local housing authority (including the Owner of the Development, joint
venture parher, or any individual or entþ directly or indirectly related to such Owner) appointed any
directors to the governing board of the Nonprofit? ! Yes X No Ifyes, explain:
1/09 Page 2 of I
NONPROFIT QUESTIONNAIRE, continued
d. Does any for-prof,rt organization or local housing authorify have the right to make such appointments?
n Yes X No Ifyes, explain:
Does any for profit organization or local housing authority have any other affrliation with the Nonprofit or
have any other relationship with the Nonprofit in which it exercises or has the right to exercise any other
type of control? !ves No, If yes, explain:
X
Was the Nonprofit formed by any individual(s) or for profrt entity for the principal purpose of being
included in the Nonprofit Pool or receiving points for nonprofit participation under the Plan?
nves XNo
o
b. Explain in detail the past experience of the Nonproht including, if applicable, the past experience of any
other Related Nonproht of which the Nonprofit is a subsidiary or to which the Nonprofit is otherwise
related (by shared directors, staff, etc.): See accomplishments listed in Tab D/Previous Participation.
h. If you included in your answer to the previous question information conceming any Related Nonprofit,
describe the date of legal formation thereof, the date of IRS 501(c)(3) or 501(c)(4) status, its expected
life, its charitable purposes and its relationship to the Nonprofit.
3. Nonnrofit Involvement.
a. Is the Nonprofit assured of owning an interest in the Development (either directly or through a wholly
owned subsidiary) throughout the Compliance Period (as defined in $42(ixl) of the Code)?
Xves n No
(Ð Will the Nonprofit own at leasI l\Yo of the general partnership/owning entþ? X Yes n No
(iÐ Will the Nonprofit own 100% of the general partnership intereslowning entity? [ Yes ! No
If no to either 3a.i or 3a.ii above, specifically describe the Nonprofit's ownership interest:
b. (D Will the Nonprofit be the managing member or managing general parürer? fi Ves n No
If yes, where in the partnership/operating agreement is this provision specifically
referenced?
Operating agreement, exhibit A (see Tab B)
(iD Will the Nonprofit be the managing member or own more than 50% of the general partnership interest?
Xves nNo
Will the Nonprofit have the option or right of first refusal to purchase the proposed development at the
end ofthe compliance period for a price not to exceed the outstanding debt and exit taxes ofthe
for-profrt entity? fi Ves E No If yes, where in the partnership/operating agreement is this provision
specifically referenced? Section 8.01 ofthe olglatrng 3€reglqgnt
If no at the end of the compliance period explain how the disposition of the assets will be structured:
1/09 Page 3 of 8
NONPROFIT QUESTIONNAI RE, continued
d. Is the Nonproht materially participating (regular, continuous, and substantial participation) in the
construction or rehabilitation and operation or management of the proposed Development? X Yes ! No If yes,
(D Describe the nature and extent of the Nonprofit's proposed involvement in the construction or
rehabilitation of the Development:
PCDC shares staffwith GCHDC. PCDC will approve draw requests during construction. PCDC staff
will assist with change order review and approval in coniunction with the proiect architect.
(ir) Describe the nature and extent of the Nonprofit's involvement in the operation or management of the
Development throughout the Extended Use Period (the entire time period of occupancy restrictions of
the low-income units in the Development): PCDC is the General Parbrer and is responsible, on a
day-to-day basis, for decisions regarding the property. PCDC will arrange for GCHDC to operate
and manase the proìect throueh the Extended Use Period.
(iii) Will the Nonprofit invest in its overall interaction with the development more than 500 hours annually
to this venture? XYes ! No If yes,
subdivide the annual hours by activity and staffresponsible and explain in detail:
Property management - 990 hours annually - Karla Whorley, property manager; Maintenance - 990
hours-Allen Neice, Maintenance supervisor ; Leasing/administrative assistance - 480 hours - Hope
Crockett, Leasing assistant
e. Explain how the idea for the proposed development was conceived. For example, was it in response to a
need identified by a local neighborhood group? local govemment? board member? housing needs study?
Third party consultant? other?
Woodrum Manor/Westview completed the l5-year compliance period in 2008.
PCDC staffdetermined that the qualiw of housine offered at this property could be
significantly improved if the property could be rehabbed to meet VHDA's current design requirements.
Existing appliances, kitchen cabinets, window and flooring materials, and bathroom water conservation
features have become outdated as industry standards have improved during the past 15 years; the TIVAC
systems in particular are no longer considered effrcient. Roof replacement is imperative. Staffidentified areas
where residents would also benef,rt from enerry effrciency upgrades that will enhance comfort and
affordability.
f. List all general parbrers/managing members of the Owner of the Development (one must be the Nonprofrt) and
the relative percentages oftheir interests:
Pearisburs Community Development Comoration æCPC) - 100%
g. If this is a joint ventwe, (i.e. the Nonprofit is not the sole general partnerlmanaging member), explain the
nature and extent of the joint venture partner's involvement in the construction or rehabilitation and
operation or management ofthe proposed development.
h. Is a for profit entþ providing development services (excluding architectural, engineering, legal, and
accounting services) to the proposed development? E Yes I No If yes, (i) explain the nature and extent
of the consultant's involvement in the consûuction or rehabilitation and operation or management
of the proposed development.
1t09 Page 4 of I
(ii) explain how this relationship was established. For example, did the Nonproflrt solicit proposals from
several for-profits? Did the for-profit contact the Nonproht and offer the services?
i. Will the Nonprofit or the Owner (as identifred in the application) pay a joint venture paÍner or consultant
fee for providing development services? n yes No If yes, explain the amount and source of the
I
flnds for such payments.
j. Will any portion ofthe developer's fee which the Nonprofit expects to collect from its participation in the of
development be used to pay any consultant fee or any other fee to a third party entity orjoint venture
partner? f] yes X No If yes, explain in detail the amount and timing of such payments.
k. Will the joint venture partner or for-profit consultant be compensated (receive income) in any other manner,
such as builder's profit, architectural and engineering fees, or cash flow? ! yes No If yes, explain:
X
1. Will any member of the board of directors, offrcer, or staffmember of the Nonprofit participate in the development
and/or operation of the proposed development in any for-profit capacity? yes X No
n
Ifyes, explain:
m. Disclose any business or personal (including family) relationships that any of the staff members, directors or
other principals involved in the formation or operation of the Nonprofit have, either directly or indirectly,
with any persons or entities involved or to be involved in the Development on a for-profit basis
including, but not limited to the Owner of the Development, any of its for-profit general parûlers,
employees, limited partners or any other parties directly or indirectly related to such Owner:
n. Is the Nonprofit involving any local, community based nonprofit organizations in the development, role and
operation, or provision of services for the development? [Ves n¡qo If yes, explain in detail,
including the compensation for the other nonprofits:
Giles County Housing and Development Corporation will be engaged as the management agent and,
accordingly, will be compensated through a management fee based on rent collections.
a. Has the Virginia State Corporation Commission authorized the Nonprofit to do business in Virginia?
fiYes nNo
b. Defure the Nonprofit's geographic targei area or population to be served:
The Town of Pearisburg and surrounding communities.
1t09 Page 5 of 8
NON PROFIT QUESTIONNAI RE, cont¡nued
c. Does the Nonprofit or, if applicable, Related Nonprofit have experience serving the community where the
proposed development is located (including advocacy, organizing, development, management, or
facilitation, but not limited to housing initiatives)? fiYes n No If yes, or no, explain nature, extent
and duration ofany service:
PCDC is the current general partlrer for Woodrum Manor/IVestview, which has been operating in the Town
of Pearisburg since 1993. Additionally, PCDC is general partner for the following tax credit developments:
Mountain Glen, Glen Lyn, VA, which has been operating since 1998; Cascade, Pembroke, VA, which has
been operating since 1999; and Wolf Creek, Pembroke, VA, which has been operating since 2006.
Does the Nonprofit's by laws or board resolutions provide a formal process for low income, program
beneficiaries to advise the Nonprofrt on desip, location of sites, development and management of affordable
housing? X Yes n No If yes, explain:
By-laws provide this process.
Has the Virginia Department of Agriculture and Consumer Services (Division of Consumer Affairs)
authorized the Nonprofit to solicit contributions/donations in the target community? Xyes No n
Does the Nonprofit have demonstrated support (preferably furancial) from established organizations,
institutions, businesses and individuals in the target community? [Ves lWotf yes, explain:
Partnership for Excellence, Pembroke Management, [nc., Carilion Foundation, DHCD, Giles Health
and Family Center, andUSDA
o
Þ' Has the Nonprofit conducted any meetings with neighborhood, civic, or communþ groups and/or tenant
associations to discuss the proposed development and solicit input? !
Yes X No lfyes, describe the
meeting dates, meeting locations, number of attendees and general discussion points:
h. Are at least 33Vo of bhe members of the board of directors representatives of the community
being served? X yes No lfyes, (i) low-income residents ofthe community?
n n Yes X No
(ii) elected representatives of low-income neighborhood organizations? n yes X No
Are no more than 33o/o of the members of the board of directors representatives of the public sector (i.e. public
offrcials or employees or those appointed to the board by public officials)? ffiVes n No
Does the board of directors hold regular meetings which are well attended and accessible to the target
community? X yes n No lfyes, explain the meeting schedule:
Rezular meetinss are held in downtown Pearisburs.
k. Has the Nonprofit received a Communþ Housing Development OrganizaÍion (CHDO) designation, as defined
by the U. S. Department of Housing and Urban Development's HOME regulations, from the state or a local
participatingjurisdiction? [ Yes X No
1/09 Page 6 of 8
NONPROFIT QUESTIONNAIRE, continued
l. Has the Nonprofit been awarded state or local funds for the purpose of supporting overhead and operating
expenses? X yes n ¡¡o lfyes, explain in detail:
In its history, PCDC has received fundine from DHCD and local govemment in Giles County.
Has the Nonprofit been formally designated by the local govemment as the principal community-based
nonprofrt housing developmenl organization for the selected targelarea? Yes ! X No
If yes, explain:
Has the Nonproflrt ever applied for Low Income Housing Tax Credits for a development in which it acted as a
joint venture parûrer with a for-profit entity? ! Yes X No If yes, note each such application including:
the development name and location, the date of application, the Nonprofit's role and ownership status in the
development, the name and principals of the joint venture partners, the name and principals of the general
contractor, the name and principals of the management entity, the result of the application, and the current
status of the development(s).
Has the Nonprofit ever applied for Low Income Housing Tax Credits for a development in which it acted as
the sole general parbrer/managing member? [ Ves ! No If yes, note each such development including
the name and location, the date of the application, the result of the application, and the current status of the
development(s
Sole general partner for Woodrum Manor/Westview, Pembroke, VA/successful tax credit application in
1992; Mountain Glen, Glen Lyn, VA/successful tax credit application n 1996; and Cascade, Pembroke, VA/
successful tax credit applications n 1997 8. 1998. (PCDC was controlling general partner for Wolf Creeh
Pembroke, VA.) All aforementioned developments are currently operational.
p. To the best ofyour knowledge, has this development, or a similar development on the same site, ever
received tax credits before? X yes n ¡¡o Ifyes, explain:
Received tax credits as a result of a successful tax credit application n 1992.
q. Has the Nonprofit been an owner or applicant for a development that has received a reservation in a previous
application round from the Virginia Housing Partnership or the VHDA Housing Funds?
I ves n No Ifyes, explain:
The developments known as Mountain Glen in Glen Lyn, VA: Cascade in Pembroke, VA: and Wolf Creek
in Pembroke, VA each received VHDA and/or DHCD financing.
Has the Nonprofit completed a community needs assessment that is no more than three years old and that,
at a minimum, identifies all of the defured target area's housing needs and resowces? yes
fl X
No
Ifyes, explain the need identified:
s. Has the Nonprofit completed a community plan that (1) outlines a comprehensive stratery for addressing
identiflred community housing needs, (2) oflers a detailed work plan and timeline for implementing
the strategy, and (3) documents that the needs assessment and comprehensive strategy were developed
with the maximum possible input from the target community? [Ves No X
If yes, explain the plan:
1/09 Page 7 of I
5. Attaclments. Documentation of any ofthe above need not be submitted unless requested by VHDA
The undersþed Olner and Nonprofit hereby each certify thaf, to the best of its knorvledge, all of the
fotegoíng infonnation is complete an<[ accurate. Furthennorg each certifies that no attempt has been or rvill be made to
circurnvent the requirements for nonprofit participation contained in the Plan or Sectîon 42 ofthe Internal Revenue
Code.
May 14.2009
Date
Olcie Torvne Housing. LLC
1/09 Page I of I
TAB F
(Architect' s Certification)
l*ù.tnã tø* ,td "
'*Jfr,htlc
NOTE: lf the development includes any combirution of New Construction, Rehabilitation and
Reuse, then separate Architect Certifications must be provided for each eonstruction 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
items are not provided as indicated on this certification then VHDA mav. at its sole option. require
the pavment bv the Owner of an amount up to 10% of the Total Development Cost (as set forth in
the Application) of the development as liquidated damaqes for such violation or the total loss of
credits mav result. Therefore, it ís 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 instructiòns on how the information should be provided.
For Unit Size Calculations, the Average Unit Square Feef 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 Unit Square Feef 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 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 8 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.
Acknowledged:
The above-referenced Owner has asked our office to provide this certification regarding (i)
plans and specifrcations, (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 certiflrcation is rendered solely for the
confîrmation 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 finish.
Initials
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. 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, property management offices and
apartments, heated maintenance facilities, and other common space designed to serve residential tenants were
not deducted. Based on this procedure, I certi$ the following calculations in determining the usable heated
square feet for the above referenced development:
28,687.35 (A) Total floor area in (sq. ft.) for the entire development
l,589.33 (B) Unheated floor area (breezeways, balconies, storage)
4,904.48 (C) Nonresidential, commercial (income producing) area
22,193.54 (D) Total usable residential heated area (sq. ft.) for the development
Initials
ARCHITECT' S CERTIFICATION, continued
Efficiency 0 0.00
Efficiency 0.00 0.00
Efficiency 0"00 0.00
Efficiency 0^00 0"00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00
Efficiency 0.00 0.00
Efficiency 0.00 0.00
Efficiency 0.00
Efficiency 0.00 0.00
Initials
(Net Rentable Square Feet continued)
Total: 26 _rs2s3.44
Initials
ARCHITECT'S CERTIFICATION, continued
Development Amenities:
I certify that the development's plans and specifications, work write-up, and proposed budget
incorporate all items from VHDA's most current Minimum Design and Construction Requirements.
The Requirements apply to any new, adaptive reuse or rehabilitated development
(including those serving elderly and/or physically disabled households).
The Minimum Design & Construction Requirements may be found on VHDA's website at
www.vhda.com.
0 % a.(l) Percentage of 2 bedroom units that will have 1.5 or more bathrooms
0 % a.(2) Percentage of 3 or more bedroom units that will have 2 or more bathrooms
n b. The development will have a community/meeting room with a minimum of 749 square feet.
100 oá c. Percentage of exterior walls covered by brick (excluding triangular gable end area,
doors windows and retaining walls)
E d. All kitchen and laundry appliances meet the EPA's Energy Star qualifred program
requirements
E e. All windows meet the EPA's Energy Star qualifred program requirements
E f. Every unit in the development is heated and air conditioned with either (i) heat
pump units with both a SEER rating of 14.0 or more and a HSPF rating of 8.2 or
more and a variable speed air handling unit (for through-the-wall heat pump equipment
that has an EER rating of I L0 or more), or (ii) air conditioning units with a
SEER rating of 14.0 or more and a variable speed air handling unit, combined with gas
furnaces with an AFUE rating of 90%o or more
E g. Water expense will be sub-metered (tenant will pay monthly or bi-monthly bill)
tr h. Each bathroom consists only of low-flow faucets (2.2 gpm maximum) and
showerheads (2.5 gpm maximum)
E i. Provide necessary infrastructure in all units for high speed cable, DSL or
wireless internet service
n j. All water heaters will meet the EPA's Energy Star qualihed program requirements.
Initials
ARCHITECT'S CERTIFICATION, continued
For all developments exclusively serving elderly and/or handicapped tenants, upon completion of
construction/rehabilitation; (non-mandatory amenities)
For all rehabilitation and adaptive reuse developments, upon completion of construction/ rehabilitation:
(non-mandatory)
Building Structure:
Number of Stories
E Low-Rise (l-5 stories with an)¡ structural elements being wood frame construction)
n Mid-Rise (5-7 stories with no structural elements being wood frame construction)
n High-Rise (8 or more stories with no structural elements being wood frame construction)
Initials
ARCHITECT'S CERTIFICATION, continued
Accessibility:
I certify that the development plans and specifications meet all requirements of the federal
Americans With Disabilities Act.
I certiff 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 (llFAS) for more particular information.
¡ 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 ensur.e 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 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.
n 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.
El 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. 15 pts.
As architect of record for the above referenced development, the above certifications are
correct to the best of my knowledge.
-þ
Signed:
Title: President
Return this certification on Architectos Letterhead to the developer for inclusion in the
tax credit application package.
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 qualiff for points.
For the tax credit applicant to qualiff for points associated with Universal Design,
the architect of record must on VHDA's list of Universal Design certified architects.
Initials
Appendix F - EarthCraft or LEED Development Certification
n LEED Certification - The development's design meets 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 qualiff for points associated with this section,
the architect of record must on VHDA's list of LEED or Earthcraft certified
architects, as appropriate.
Signed:
10
Appendix F - LEED Accredited Design Team Member CertifTcation
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 certification rating system:
(Add space as necessary)
r þevelopment Density
r \{ater Use Reduction
I Minimum Energy Performance
r Building Reuse
: Çonstruction Waste Managemnet
r Environmental Tabacco Smoke (ETS) Control
' Low-Emitting Materials: Adhesives & Sealants
r Çontrollability of Systems
I þaYlight and Views
I
¡
¡
I
¡
I
3. Please attach å copy of the LEED Accredited Professional Certificate to this document.
ll4¿y 14,2009
Signature of LEED Accredited Professional ** Date
* This page must include items that woutd qualify for points under the LEED certification
system. No points will be awarded in this cateeorv if nothins is listed here.
** This individual is not required to be the architect of record signing the Architect Certification. It is
sufficient that this individual is a member of the design team.
11
TAB G
(Relocation Assistance Plan)
Relocation Assistance Plan
RELOCATION ASSISTANCE PLAN
Wood rum Ma nor/Westvíew
The project sponsor/management agent will relocate residents in accordance with VHDA's
Relocation Assistance Guidelines during this process. The project sponsor/management agent will utilize
a relocation assistance expert during this process.
y-,,|t"*D,-*.
These guidelines are the Authority's standards for the provision of assistance 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. Applicabilit_v
The guidelines apply to all developments that will displace existing tenants and must be followed
to qualiff 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
such as rehabilitation, demolition, and sale by contract speci$ing an empty building. They apply to
rented single-family houses when tenancies are terminated because of planned demolition.
IL Summary
l) Relocation payments
2) Relocation assistance
3) 120-day vacate notice
4) Full communication of plans
Owners must provide relocation payments to all households receiving notice to vacate the
development and not return to the existing development. See item V. for Temporary Relocation. The
payments are designed to help cover moving expenses and the additional costs of relocation. Relocation
payments for unfurnished dwelling units should be in accordance with the cunent moving expense
schedule for Virginia under the Uniform Relocation Act. The payments currently specified by the Act
are as follows:
To each leaseholder whose gross income is less than 50Yo of the applicable Area Median Gross
Income (AMGÐ adjusted for household size, owner/applicants must provide a relocation payment of
twice the amount listed above.
Owners are encouraged to discuss the details of their relocation plans with the Authority staff in
order to identi$ 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 transportation 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 families 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 and/or 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 GUIDELINES, 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:
1) 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 Program 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, apartment hotel, or other commercial
use.
**
For buildings containing fewer than 4 residential units, the Authority requires the same 120'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
(PIIA/Section I Notification Letter)
Olde Towne Housing, LLG
601 Wenonah Avenue
Pearisburg,VA 24134
Proposed lmprovements: (Should correspond with I.B & D and lll.A of the application)
I Efficiencies: $ / month
WLe"aroom Units: $ 304-404 / month
Wzaedroom Units: $ 430-455 / month
I g aedroom Units: $ / month
! a AeOroom Units: $ / month
PHA or SEC I Notification Letter, continued
Sincerely yours,
ñt Executive Director
Printed Name:
Title:
April7,2009
Barbara M, Stafford
Mayor
Jim Chandler
Councll
Danlel H. Robertson
Virginia Housing Development Authorìty
Robert L. Dickerson, Jr. 601 South Beividere Street
'Rebecca H. Moses Richmond, Virginia 23220
JimmieR.Williams
Ceorge G. Psathas
Charles R, Via VHDA TrackingNumber: 2009-2.-146
Development Name: Old Towne Housing, LLC
Kenneth F. Vittum . Name of Owner/Applicant:. 'lVanda Meador
Town Manager
lo{ttum@palsburg.org
Dear Mr. Chandler:
Rick C. Tawney
.Town EnglneerlPublic The construction or rehabilitation of the above-named development and the
Wo*s Dl¡ectar
allocation of federal housing tax sredits available under IRC Section 42 for said
Jackie C. Martin development will help to meet the housing needs and pliorities of the Town of
Chief of Poltce
Pearisburg. Accordingly, the Town of Peatisburg supports the allocation of
Judy Harrell
federal housing tax credits requested by Old Towne Housing, LLC for this
Town Clerk development.
W. R. Johnston
Recreatian Director
Yours truly,
Sandra Robertson
Líb¡arlan
Rodney F. Wilson
{,---drÈ-sfu3-
Kenneth F. Vittum
BuìldineOÍficial TownManager
Telephoner
(540) 921-0340
FAX:
(540) 92i-0086
Website:
www.pearisburg.org
TAB J
(Homeownership Plan)
TAB K
(Site Control Documentation)
OPTION AGREEMENT
pursuant to the Virginia Revised Uniform Limited Partnership Act (the "Grantor"), and
Corporation (the "Grantee"), provides that the parties hereto covenant and agree as
follows:
WHEREAS, the Grantor has acquired certain real estate situate in the Town of
map thereof of record in the Clerk's Offrce of the Circuit Court of Giles County, Virginia,
Lot Number 4I and Lot Number 53 which are adjoining lots and as shown upon a
plat of the old town of Pearisburg, recorded in the Clerk's Office of the Circuit Court of
Giles, Virginia, in Deed Book E, at Page 289,To which reference is hereby made.
parcel:
BEGINNING at a drill hole at the corner of Mountain Lake Avenue and Tazewell
Street, thence with Mountain Lake Avenue, N 65 degs. 14' 06" 8,107.28 feet to a rock
ledge; thence leaving Mountain Lake Avenue, S 23 degs. 48' 04" E, passing a rod set at
fi.ve feet, approximately 130 feet to a point; thence S 65 degs. 14' 06 W, approximately
I07.28 feet to a point in the right of way of Tazewell Street; thence with Tazewell Street
the same real estate conveyed to the Grantor by deed dated December 18, 1992, which is
of record in the Clerk's Office of the Circuit Court of Giles County, Virginia, in Deed
WHEREAS, the Grantor now desires to grant an option to purchase the Property
to the Grantee.
exclusive option to purchase Grantor's interest in the Property and all improvements
owned by the Grantor thereon under the terms provided herein at any time before
December 31,201I,
2. Notice. Grantee shall give Grantor at least ninety (90) days prior written notice
3. Purchase Price. The purchase price under this Option Agreement shall equal the
sum of a) all outstanding indebtedness of the Grantor secured by title to the Property;
plus b) One Dollar ($1.00); plus c) all amounts owed to any Limited Partner of the
Grantor under any Limited Partnership Agreement of the Grantor; plus d) all Federal,
state and local income taxes payable by the partners of Housing Equity Fund of Virginia,
2
purchase option granted by this Option Agreement. At any time after Grantee exerclses
its option, Grantor, upon written request from Grantee, shall furnish to Grantee within
thirty (30) days after receipt of the request, a Certificate setting forth Grantor's best
estimate of the purchase price (as of the date of the request). Grantee may revoke its
election to purchase prior to closing if the actual purchase price is materially different
from that set forth in the Certificate. The revocation of such election shall not terminate
or affect Grantee's ability to exercise this Option Agreement after such revocation.
4. Closing. Grantor shall convey to Grantee good and marketable title to the
Property and improvements by deed with special warranty of title, free of all liens,
encumbrances and leases, except for (a) leases of residential and commercial property
given in the ordinary course of Grantor's business, (b) exceptions for the permanent
financing obtained by Grantor and (c) exceptions listed in Grantor's title insurance policy
issued by Lawyers Title Insurance Corporation effective June, 1993. Risk of loss or
damage by fire or other casualty to the property after the exercise of the option and before
(45) days after the expiration of the notice period for exercise of the Option Agreement.
Real estate taxes and rent shall be prorated as of the date of settlement.
5. Binding Effect. This Option Agreement shall apply to and bind the successors
IN WITNESS WHEREOF, the Grantor and the Grantee have caused this Option
Agreement to be executed in their respective names, all as of the date first above written.
GRANTOR:
By:
Rebecca H. Moses, Its President
GRANTEE:
By:
STATE OF VIRGINIA
COITNTY OF GILES, TO WIT:
STATE OF VIRGINIA
COTINTY OF GILES, TO WIT:
My commission expires:
NOTARY PUBLÏC
TAB L
(Plan of Development Certification Letter)
Town of Pearishurg
ll2Tazewell Street
Pearisburg, Virginia 24134
Bartara M. Stafford
Mayor DATE: MaY 12,2A09
Counclt:
Daniel H, Robertson
TOI Virginia Housing Deveþment Authority
601 South Belvidere Strcet
Robert L' Dickerson, Jr.
'Rebecca H. Moses Richmond, Virginia 23220
timmieR.Wllliams Attention: Jim Chandler
Ceorge G. Psathas
Charles R. Via
RE¡ PLAN OF DEVELOPMENT CBRTIFTCATTON
Kenneth F. Vittum
Name ofDeveloPment: Woodrum ManodWestvierv
fown Managet
lwitlum @ Peadsburg.org Name of Orvnery'APPlioant I Tld-eTorvne Housing, LLC . - - -
Name of Seller/Cun'ent Own€l: Teatisburg Housing Opportunities, L'P'
Rick C. TawneY
.Town EngineeilPublic this offìce to complete this
Works Diredot The above+eferenced orvnery'Applicant has asked
proposed Developrnent (more firlly desclibed
for.m letter regarding tf* ,itt pfuo of thå
Jackie C. Maftin purpose of confînning the status of
belorv). This cer"tificutiooi. tän¿ered solely for the
Chìef of Pollce It is understood that
plan of devetopment åi-ii, prun uqqtoygl of the Devélopment.
Devolopment Authority solely for the
Judy Hanell this letter.rvill be usea Uy tnå vireinia Housing under
poi'ts available
Town Clerk our'ose of determinit*-í*.ìi.t tñe Developm-ent qualifies for
plan for housing tâx credits.
W. R. Johnston
iHb¡, Qualified Allocation
Recreation Dlrgctor by the orvner)
DEVELOPMENT DESCRIPTION: (To be providetl
Sandra Robenson
Libra¡ìan Development Address (should correspond to LA'2
on page I of the application):
502 & 601 Wenonah 4ye'Peaúgþgg'VA-
24134
' RodneY F, Wilson
BuildíngaÍficial
PARCEL ONE
Website:
www.pearisburS.org
PLAN OF DEVELOPMENT CERTIFICATION, Page Trvo
PARCEL TWO
Lot Number 41 and Lot Number 53 whioh are adjoining lots and
as shown upon a plat of the Old Town of Pearisburg, recorded in
the Clerk's Office of the Cilsuit Court of Giles County, Vìrginia,
in Deed Book E, at Page 289, to which reference is hereby made.
The foregoing real estate is the same real estate conveyed to Pearisburg Housing
Opportunities, L.P., a limited partnership organized pusuant to the plovisions of
the Virginia Revised Uniform Limited Pafinership Act, by deed dated December
18,l992,from the Town of Pealisburg, which deed is of record in the Clerk's
Offi.ce of the Circuït Court of Giles, County, Virginia, in Deed Book242, at page
653.
Proposed Improvements (bhould corespond rvith LB & D and III.A of the application):
X The proposed development desuibed above h¿s an approved final plan of development or sito
plan (as applicable to the site). No further plan of development or site plan approval is requÍred
before issuance of a building permit.
signed: * 'VT -
71 =,..
Printed Name: ,(t ^u .ot F / , *fr,. r^^
*7-"d
Title: q¡ r,. -L\ o-n_o,
\-s¡r
Phone: suo "9[, -ô3¿{cl
nate: ! r,/ ,/ 2r/o=7
NOTE TO LOCALITY¡
1. Return this certification to the developer for inclusion in the tax cretlit application package.
2. .A.ny change in this form may result in a reduction of points under the scoring system. If
you have any questlons, please call Jlm Chaniller atYHDÄ (804) 343-5786.
NOTE TO DEYELOPER¡ You nre strongly encoulaged to submit this certification tó the
apprnpriate local official nt least three weeks in advance of the application deadline to ensure
adequate time for review nnel approval.
TABM
(Zoning Certifi cation Letter)
Town of PearÍsburg
ll2Tazewell Street
Pearisburg, Virginia 24134
PARCEL T\¡YO
Lot Number 41 and Lot Number 53 which ate adjoining lots and as shown
upon a plat of the Old Town of Pearisburg, rrecorded in the Clerk's Office of
the Circuit Court of Giles Count¡ Virginia, in Deed Book E, at Page 289,to
which reference is hereby made.
The foregoing real estate is the same real esfate conveyed to Pearisburg Housing
OpporfunitÌes, L.P., a limited partnership organized pulsuantto the provisions of the Vit'ginia
Revised Uniform Limited Partnership Act, by deed dated December 18,1992, fi'om the Town
of Pearisburg, which deed is ofrecord in the Clerk's Office of the Circuit Court of Giles,
County, Virginia, in Ðeed Book242, at page 653.
Proposed Improvements (should conespond rvittr I.B & D and III.A of the application):
Zoning is proper only if the property on rvhich the development is or rvill be located complies rvith
existing zoning requirements; provided, holevÊr, that if the zoning is not tesidential rvith an "R"
designation, zoning will not be deemed to be proper, unless the chief executive officer of the locality
certifies, on behalf of such locality, appl'oves the rcquest of the above-refe¡enced Orvner/Appliaant to
such locality that the zoning be deemed to be proper for the sole purpose of arvarcling points under the
Qualified Allocation Plan, notrvithstanding that the zoning for the prnperty does not have an "R'
designation.
LOCÁ,L CERTIFICATION: (To be completed bythe apprrcpriate local official or Civil Enginee$
x The zoning for the proposed development described above is ploper and cunently is an "R"
zoning designation or a special use permit has been issued. To the best of my knorvledgq there
are presently no zoning violations outstanding on this properly. No further zoning approvals
andlor special use permits are required,
n There are no zoning requirements currently applicable to the site describe<l above.
(Signature)
Kenneth F. Vittum
(Printed Name)
Torvn Manager
(Title of Local Official or Civil Engineer)
To be completed only by Chief Executive Officer (applicabte only if zoning does not have rrR"
designation):
The zoning for the ploposed development does not have an o'R" designation, holveve6 the chief
exeoutive officer ofthe locality certifies in the space provided belorv that he/she has, on behalfof
such locality, approved the request of the above-referenced Owner/Applicant to such locality that
the zoning be deemed to be proper for the sole purpose of arvarding points under the Qualified
Allocation Plan.
Kenneth F. Vittum
(Printed Name)
Torvn Manager
(Title of Chief Executíve Officer)
NOTETOLOCALITY:
1. Return this certifÏcation to the developer for inclusion i¡i the tax credit application package.
2, Any chauge in this form may result in a rerluction of poirtts under the scoring system. If you have
any questions, please call Jim Chandler at VHDA (804) 343-5786.
NOTE TO DEVßLOPER: You are strongly encouraged to submit this certilTcation to the appropriate local
offïcial at least three ryeeks in advance of the application deadline to ensure adequate time for review and
approval.
TAB N
(Copies of 8609's To Certify Developer Experience)
Tab N-Notes regarding 8609s and developer experience
The 2009 tax credit application for Woodrum Manor/Westview is seeking developer experience points
on the basis that the principal for the proposed development has developed at least one tax credit
development that contains at least the number of housing units in the proposed development. The
number of units in the proposed development is 26. The principal has developed 4 tax credit
developments which include a total of 63 LIHTC units. Form 8609 is included for each of the following
tax credit developments:
Alloc¡üon of Crâd¡t
Aüllbn þ Qudifi€d Bæb AmededFom
A Addrecs d bulldlng (do rct use P. O. box) (see kshrclions) B Name etd adù€ss dhourlng ordü rgmcy
2lLCoburn Court
lirginia Housing Development Authorlty
Pembroke, VA 24L36 601 S. Belvidere Street
G Name, addrsss, and TIN of bulHlng ourr ææiúr¡ abcatbn D Employor klenlifiætin numbedagenry
Vlolf Creek, L.p. 54-0921,892
601 ¡tenonah Avenue
Pearisburg, VA 24L34
E Bulldiry klenliñcaüon nümbor (BlN)
Tm ) 5+19?3390 vAo437001
lr Daleofallmlion S.-12/70/Oa b M¿rimumhousingcæüldollaranountallowable. ç rL,2O2
2 Ma,rimum applkable cndil perc*rtage allowabl€ 8 . LOo/o
3¡ Marimum qualified besis . , s138,296
lf lhe eligiHe bæis used ln fre ætpulalion of line 3a was inseased, dredt trre applicable box
end enter tfie perosltagÊ lo srñldt ho dþlble wæ increæed (see insfudions) .
El autmng bcdod h üe Gulf @rrunily (GO) Zone, Rita G0 Zone, or Wlma GO &ne
E Section I4O¡S¡C) hifg cost d€a Ëovúsions
I Percentage d the aggregnre basb financed la(€xempl bonds. (lf zero, enler 0-.) . .
by - .
5 Dateh¡ildiædædineervice.... .....,. ) L2/t/06
6 vrrÍ,ñ
check he
u*r rtr¡¡t5
boxes trat o€lrcnæ
urarlne affiilon
rtescribe üre cbcdim I(r
for uì9 build!4g (dredt
the otfiEmg (cltêd( ltl088
ü¡ose hat
rrat ep!ly):
epcy):
¡ E NewlvcørsüuctertardfederdlysubslrtÞed b Éì¡dtco,r.r;d;däñã."rru.r.nysubddized c fl exntrymruing
d tr Sec. 42(e) retraHtita[ion expendtuæs federalty subsidized ê El Soc. 12(e) rdraHlitation erçørdiluæs not federaily õubaidzed
masmd undersec,4?i)lâ(B s ElAltocaüon und€r sec.
Signature of A¡¡tñorlzsd f!9usþq!rcdlt Agency Offlchl - Compteted by Housing Credi4ency Onty
Sþnaturadatüuiæd
.'A!,ÍES M.
AUTHORIZED OFFTCER
CITAITDI,ER
Flr¡t-Year Gerfflcaüon - Gompleted by Building Orners with lo the firct Year of the Grcdit Pedod
7 Eligible basis of bnlldirng (see hstuctions)
8a Orlginal qualified bæls d fre buikting at doæ d finst yea of sedtt peiod ... .
b Aæ pu bealing this hrildlng as pat d a muttiple building pnrjæ{ b gnposæ d sæ,tion 42 (see
instnuims)?
tr Yes El No
r
9 lf box 6a u bor 6d is d¡ecked, & you dæt to reduce eligiHe bæis unrter sedion (42(i)(2}(Bp tr Yes tr No
b For marfiet*de unfts óove lhe average qualiþ slandards of bnincoræ units in fre buildlng, do yor eled
l0
to reduce dþible bæ¡s by disproportknale cosb of nfi{ow hoane units under sedion {2(d¡1g¡1g)? , . .
Ghedr üe 4propiate boxheadr dec{on:
, . tr Yes tr No
A Address of bulldlng (do not use P, 0. box) (see inshctions) B Name and address of houslng credit agency
Cascade, L. P. 54-0927892
60L Wenonah Avenue
Pearisburg, VA 24L34 E Building identificalion number (BlN)
la Date of allocation
) l2/L9 / 97 b Maximum housíng credit dollar amount allowable $ 17,449
2 Ma,rimum appr¡ca¡re øa-irìJJriaõ'elllowaute 8. 60t
3 a Marimum qual¡l¡ed basis . . ç202,895
b Checkhere ) E¡ iftheeligiblebasisusedinthecomputationof line3awasincreasedunder
the high- cost area provisions of sælion 42(d)(5)(C). Enter the percentage lo which the eligible
basis was increased (see instruclions) . , . .
4 Percentage of the aggregate basis financed by lax€xempt bonds. (lf zero, enter - 0-.) -0-
/ r / 99
5
Date building placed in service . -L2
6 Check the box lhat describes the allocation lor the building (check one only):
a E ¡ta'¡ly constructed and federally subsidized b E Newly constructed and not federally subsidized c fl Existing building
d fJ Sec. 42(e) rehabililation expenditures federally subsidízed e E Sec. 42(e) rehabilitation expendilures not federally subsldized
Under penallies of ædury, I declare that he atlocation made is in compliance wilh the requiremenb of section 42 of he lntemal Revenue Code, and lhat I have o<amined
I of üris fom and to the best of my knorledge and belief, the lnfornation is ûue, conect and complete.
¿t .- f - JAMES M. cHANDLER
24"* --/
-fu =.|*fuJe ) ---1ul1"il'i:-T::':i-- - -
offìcial
Sisnature óf aulhorized Name (please type or prinl)
-
Part ll First-Year Certification - Completed by Building Owner for First Year of Credit Period Only
ta Datebuildingplacedinserviæ) !-¿L!-J33. b Eligiblebasísofbuilding(seeinstructions) z, tq
8a Odginal qualified bæis of the building at close of fint year of øedit period . . .
b Are you treating lhis building as part of a multiple building project fø purposes of section 42 (see
instruclions)? E Yes tr No
Ia lf box 6a or box 6d ls checked, do you elect to reduce eligible basis under seclion (42(|X2)(B)? tr Yes E No
b Do you elect to reduce elígible basis by disproporlionate costs of non{ow-income units (seclion 42(d)(3)? tr Yes E No
For Paperuork Reduction Act l,lotice, see page 4. Ca[ No. 63981U form 8609 nev.l-zoæ)
i*,,8609 Low-lncome Housing Credit OMB ålo. 15110088
(Rsí.À¡gfl tl¡¡¡
Allocation Certification
t)lÉilnlolrr.Tilrf
Irhrii¡rrrtrrb ' Do ÍotñþiËpff¡lsly. Th*hr[Ëlng ornernldtd' ForñË8q
Forn8609.¡¡d
Allocation sf Cr€dit - CornpÞted by Housing Credit Agency Only
cm*tû tl Add¡lionbAr¡affodBass E ¡menCæfom
A â¡lrlm¡ ol bullding (do nd ue P. O. bcx) {æe haüudiom) B Nnrp s¡O eddne¡ dhoniry cndltrgary
100 Pine Crest Lane Virginia llousing DeveJ.o¡rmenÈ .å,utbority
clen tyn, VA 24093 601 S. Bel-videre Street
Richmond, VA 23220-6504
C Nama, add¡æ, and TIN olbulküng otmrrecêåfig aþcalidr D E np$er*le¡¡ffcAion nunöerdagacy
GLen MounËain, L.P. 51-O921892
601 Wenonah Avenue
Pearísbur9¡ VÀ 24L34 E efldíttglhnlificaüonnünbsr(Bt.l)
TlN > 54-!781067 vÀ9600{01
ta Dated*æaion,æ ) t2/20/96 Þ Maim,m lrusingcr€dtülararnnt á I 2,5à9
2 Madmum apdidle credit percstÞgn dlourde 3. 69r
3a Madmumquaffffedbæls . $69, O90
b Chec* here ) E f üp cørpfalion d liæ 3a uas fiuæett uMer the hi$r cosl
ûre efrgÐle bæis used in
area prsvisiûF d,dú
14O{5XC). qilor üþ pergllags b rnhhà tre dt¡¡bþ bæis was
ircteæ€il(#hsfrtËffiËh:i ;-: ; ; .' : ; . ;;.-.-; ; .;
;-, ;-; ; ; ; .-; .- . ;'; ;-; : . .
I Perceil4edhè aggpgale basbfrmoed byHaønpt bonds. (lf æo, €nbr-$.)
5 Date brlildng placed h'sendæ.
7 /L/98
6 Check lhe bor hat dessibes üê allocalím ftr üt€ h¡¡ldng (dnd( me only):
"¡rfl nam¡rænsfircãtardßderãty.srùddiæd b El Nwlyccrsüudedûdnotb&rdlysubsldiæd c El E)dstirubu[dng
dn Seë.42(Eltèh'¿*tlllta[oéøçendbresteOeøtyurUOOÞø , 'êE'Sec.12(E]rdråbiftafoncxpendih¡res.nottudedry;súdd¡zed
'¡enatiesof
pe¡lury"l decla¡alhdüre.e&cattxrrna& bhcoqn[alrall.¡h,Urçfsqrûsntenbof sect'gl {2d$s tnþmal Rflsnrþ Codq andtrati'
illris brmand bhe bestof.my knmþdæand beüsf,1læirrfomalion bhta por.ectardænrpÞ1e.
JAI4ES M. CTIANDLER
AUTHORIZED OFFICER
Name(pleasetypeorffi
First-Year Gertificatlon - Gompleted by Building Owner br First Year of Gredit Period Only
Sþnatuæ
'
- --.--' -iaxöäiäiriiñüiäiüilumË;
Date
'
'
Partll
¿*Z*-
/ Sügnrturc ol aul
)-
Flrst-Year Certilicatlon{ofnpleted by Building Owner for First
Year of Credit Period Only
s .z./.=l.rtt
742
7a oate buird¡ng pracecr ¡n service >...7t..1.r-93..-. b Êrigibrebasisof buirding(seeinstructions) 3g,7 42
first year of credit period
8a Original qr"t¡¡"d basis of the builcting at close of E
E Yes ¡¡o
b ls the building part of a multiple building proiect? ' ' . 1. .' '
9a lf box 6a or box 6d is checked, do you etect to reduce eligible basis under section 42(iX2XB)?. tr Yes Eltlo
b Do you elect to rectuce etigible basis by disproportionate
costs of non-low-lncome units (section 42(dX3D? tr Yes El¡lo
t0 Check lhe appropriate box for each election:
e Hea to begin credit perioct the f¡rst year atter the
builcling is placecl in service (seaion 42(0(1)) tr Yes E ¡¡o
b Elect not to treat lafge partnership as taxpayer
(section 42(¡X5D . tr Yes
c Elect minimum set-aside requirement (seaion 42(g))(see
instructions) El ZO'SO E ¿O-eO tr 25-60 (N.Y.C. onlY)
d Headeep.rent.skewedproiect(sectionl42(dX4XBD(seeinstruaions).
tr 15-40
attached to the conesponding Form 8609
Note ¿4 sep¿rnate schcdute A (Form gæg), Annuat statemenr, for each buitcting rnust ôe
lor each year ol the |'-year comptiance period atter 1987'
pan.
Gaution: Read the n{truct¡ons under Slgnalure þage 4) before agning this
unrter penalties ol penury. I dectâre that
(l) rhe above building conrinues to qual¡fy as a part ol a qualilied low'income housing proiecl and me€ts
42: (2) the qualilied basrs ol the building has Þ E] t no,- t- decreased lor rhis lax
lhe requremenrs ot tdemal Flevenue code secr¡on "t __F.
passrve ross rules under section 502 ol the Ta¡ Reform Act ol 1986 lor thls property' I have
yeâr: anct (3) I am nor craimrng any retrel lrom rhe
my knowledge ancl beliel, they afe true. cotrect. and complete'
e¡smtned this ,orm and attechments. and to the best of
SI
Õ
z
o {
I
J
Io
7
o
c.l
)
z4
)l à
A)
,o
J4
o
2
7
s ,lan.\-Ð r)*-"n lla ,
->+# qr
)lzt1l?) Oc--'.ç ,
l^v n¿<toot\¡\
?of'\, V l.l
rAB a
(Utitity Allowances and Rental dssistance)
tSltLlzøt't ll!:11 E4ø92Ll85ø PEMBRDKE MANAGEþIENT PÁGE ø21ø4
rilüffi
o r rtv
vr rg r nra Houstårîårüf;å[T]?lr1 Auth
Al o¡¡tncel för
1?ñI n t Fl¡Tíl$had utll¡tlÔE
ilrd }fiâr Sërvlcsl
rago I of 1
{[ fl ï få-åt*tiod uf ï rrtrêË
¡¡rd Íftsr$ervfocs
Pego 1 ef I
\'llDA/utlllty AllÔwenoê
schEdulE - ?8008
TAB R
(.Il,oeumentatlon of OperafÍng Budget)
Documentation of Operating Budget
Woodrum Manor/Westview
'Woodrum
The operating budget for Manor/Westview was developed based on an
analysis of actual 2007 &,2008 operating costs for the property, which Giles County
Housing and Development Corporation has been managing for 15 years. A reasonable
increase was assumed for most expense line items, while other expenses such as owner-
paid utilities are expected to decrease because of the proposed change to the tenanlowner
paid utility structure and general efficiency measures.
TAB S
pocumentation of Pro,ject Budget)
THE T/ILLIAM G. SIMMONS COMPANI INC.
General Contractors
Post Offìce Box 386
Nârrows, Virginia 24124
May 1, 2009
540-7 26-2436 . FAX 5 40-7 26-2A 57
To: Mrs. Wanda Meador
Our preliminary estimate for the above referenced project not including any escalation
or
contingency funds is as follows:
5ubtotal Lã{
General Requirements
Baóara M. stafford
Mayar May 13,2009
Çouncll:
Daniel H. Robertson
Robert [, Dickerson, Jr. Virgina'Housing Development Authority
'Rebecca H. Moses Attention: Jim Chandler
JimmieR.Williams
George C. Psathas
601 South Belvidere Sheet
Charles R. VÍa Richmond, VA2322A
Kenneth F. Vittum
RE:
Town Manager
lwltlum @ peaisbut'g.og Name of Deveþment: Wooclrum ildanory'Westvierv
Jackle C. MartÌn
Çhieî of Police
Dear Mr. Chandler:
ludy Harrell
Town Cle¡k
As the holder of note and deed of trust dated December?t, L994,
W, R. fohnston payable to the Town of Pearisburg in the original amount of $657,429'86,
Recreation Dlrecto¡ which note and deed of trust are executed by Pealisburg Housing
Opportunities, L.P,, and which deed of trust is a lien against the Woodrum
Sandra ßoberÌson
Líb¡arian ManollüVestview development. The curtent balance in accordance with the
audit is $755,699. The Town of Pearisburg rvill permit Olde Tolilne Housing,
Rodney F. Wilson
LLC to assume the loan fiom Peat'isburg Housing Opportunities, L,P., at the
BuildíngAffÍcial
existing interest rate on the sunent loan, with payments ofprincipal and
interest deferred as provided in the note and deed oftrust.
Sincetely,
{-::x{rlræ--*-^
Kenneth Vittum
Telephonel Town Manager
(540) 921-0340
FAX:
(540) 921-0086
Website:
www.pearisburg.org
*"'' *o'
-î,Tlfr:' t.cr ':ti],r', Efìfì
ä$i#'#ffit#äî",'
Decenbet, 199{¡'anongrffirginía
DecenbeÏ, 1994r'â¡ÌonE Rcvia
å*Ì:* iîi:äã"1ål.iã?!tïí=i'!,.i#"n:*i:: "iåo*ÌäÏi"';
TlåÍ;ii, "il:s.:ii"Ë;liiür
I
lålfrFËlç*?
-il:iËiåid-?Ï "i;lliii":rüit* í;:":"-*T:i:":'
:äii"i;:;tiil¿,"ål'llloí,oä:, "::"""'
ËïËtãâä' rã'- iñã
t;Ëiäãii";-ãefine4,
i!
Þ'n:f(the 9l..ll:
frugtees)i
ltrINESiSE:rX¡
*.äiË.ïli#ritüiili;ili*çïl¡å;ii;ç$'lilf;
;;;;; atrd conveyÊ to the Trustees'
r'r!n $i;i"¡il
set forth'
Énoligtr covenånr' or"tiäi",-äiIãpi'as.'"ráinaf,ter
Giles coünty'
ttrË land and intereat'iiãiåin-"1luatE-ii
described in Exhibit I
-\ virqinia, and more pãtËïã"rãify
tS
.s' a¿táched hereto,
Ith
_¿\ã gi:flHi:If;
rocErItER'*:.:lli"l*åtgå',.i:'"1åi'Ho'*t'|. !H-
ãt-ippo'tun"r:.:{i!i*ï;git:l¡"1îi .,
. .l{'\\. Ehoreunto þelonslns or aPr
"låä'.el';;t
Iiä"iñiii-titÏ;; flxÈuree' ancl
\'! ¡ ,l!H rhe Borrower's rlsnti ;'Itíã ilå-iñtursst-tn
lt
år*iYå*t"*''llfuriii'iki¿lr:flrrîiçiidi"ffi*''
""'
REFINANCÊ AN EXIST]
I{HICH IS
DEBT SECUtr
BEEN PAID. lHE.AM(
section
paY the PrinciPal i; iflffiTi' l3i'iiäîiã'in"t
" """
,:';_'r¿
,, ^.'.,-..-l--)-
.i-*??
I
(b) Breach of any otter covenant contained ÍD
:l
I
this Deed of Trusc and failure Uo renedy Euch breach
' uithin"
.l 30 days after ¡rritten noçice tbeieof by .the holder
I
of the ¡¡ote to the Borrower, orlin ¿he caÊe of any such
breäch thaË caur¡ot rditb due diligence be cured rithi¡
I 6uch 30 day period buÈ which can be cured within a
.-i reaeonable ti.me without the impainnent of the
Benefici.ary's position, in the geneficíary's opiuion,
I
failure of the Borrower to proceed pronptly to cure the
Eäne and thereaf,ter proÊecute a¡d cornplete the curing of
¡
.t
I the eðme nilh due diligence sithin such tírne.
.t I (d) Àppointmenc of aitruetee, receiver or
ir liquidaÈor for the Property by órder of a cour.g of,
il competent jurisdiccion and the failure of euch order to
be discharged within 60 days frgn the date of, such
l
åppointment,.
¡
seetion
undér ¡o duty to dake ã¡l ãction hereunder except as expreaoly
iècuire¿, or-to pCrform åny acc shich would involve Èhen in
ã*ðènee år tia¡iiÍtv or to-institute or defend any euit in
reÈpect hereof, unlãsg properly indenrnified to their
satiefaction.'AIi reaeönable èxpenses, including counsel
feea¡ incurred by lthe TruËtee¡ in and ôbout the adtninistrâtlon'
and äxecution of-qhe trust6 hereby created, and the
perf,or¡nance of thCir duties and powere hereunder, shall be
ãácured bv t,hiE Dced of, trust and ehall bear ínterest at a
rate Þer ånnum eqrial .to. the ¡nterest Râte ståted ln Èhe llotc.
sithri-ãr-Ë;th ;¡ lihe trustees nay exercíee all the righte and
Dowera of the Trudtees hereunder'. Pur6uant to t'he ProvlErona
ãf section 26-49 d,f the virginíå Code,. or any eucceseor
orovision of law, lthe holder of the No¿e hereby Becured, eith
ãr wíthout cause; lín its discretion and for åny reason
whatÉoever, is heçeby autho¡ized and empowered to sub8titute
ãnà aoooini,, bv ari iirstru¡nent recorded trherever this Deed of
fru6t'is reêorâedJ a Trustee in the plðce of any Trustee
hereunder. i
, -* - **--*--f-.*:- -- -- "
r'-
I
I
'ü"h*
I
-i
rur Ìlì.],r,:,
I
$!'í$
By:
President
'Seþretary
't
STATE OF VIRGINIA
COUNrY OF GILES, to-wit;
-. .* ,-.*-.JÊ.-à2n9t
-l¡.flq/.'-..,::þt, i: ..,1. ¡ .¡t¡4"ti:
Éh
\li¡:,7
¡¡r Ì13,",f?0'
' |
ÉTsrgrf'r
TO À DEED OF DECEÎ{BSR ¿-1-' 199¡I' FR'6I PEÀRISBIIRG
IRI'ST DAÎ'ED
sot srNG oPPoRsttNrrríiïîpî ro inue-s--l' ¡nnrr'er AND RlcHÀRD
"""i:*c;i;;ËñË;iñiårEËi ;' rÑ rne ÂuoltNr oF s657' 42e' 86
situaÈè in thè Tosn of Pearisburg' GileÉ courty'
vrrgiiîãllãia t"iä¡rãttïcuiarrv described ae follow¡:
-t
PÀRcEf, ONE ('the wåstern gotel Pioperty'):
' Lot€ s ai,a e in the PearËon subdivision in tba
losn of p"tiiãËuiõ, ãs ehonn.on â naD thereof
' å;-;.;;r[-il"ñ;^ðí";['ã-óiii"* or'tùe circuit
nap Book 1'
ðãttt-ãii-eii"ã'-õoooc!, Yitsili¡'isi'nberebv
;;-;;ñ-bã;-ü ;bi;h'iererðnce nade'
I
i"'ã-tãã-ioo-nl io the nor'tbern
thelge with wenonah
L
ii"; ;; w;;õlin-Át'"nu";
{
"
Àvenue s iäõ-iT':'òõï-w'tot,zt teet to the
poinÈ I
I
estâÈe conveved to
t
the sane real
I
And beidg I
ãä:Fl$s'ffil;ifi
peariE¡r¡rá,-w¡iãrr'¿èta ie o¡ record ín the i
clerk's ;olíiåã-ãi iuã'circuit. court of Gileg I
t'
iR
I
nebÞcca H. Moseg
,i
.et|."., f
t
I
i.
!'
" ãÞr
.: Íj,j::;:à
; \1 ,1-: ¿J
!, \/
TAB V
(Nonprolit or LHA Purchase Option or Right of First Refusal)
This instrument was prepared by Hartley & Chidester, P.C., Attorneys atLaw,503 Mountain
Lake Avenue, P. O. Box 511 Pearisburg, Va. 24134
This Purchase Option and Right of First Refusal Agreement ("Purchase Agreement") is
made as of the 29th day of April, 2009 by and between OLDE TOWN HOUSING, LLC, a
Virginia limited liability company (the "Company"), Grantor, and PEARISBURG
COMMLINITY DEVELOPMENT CORPORATION, a Virginia Corporation, Grantee.
Whereas, the Grantee, concunently with the execution and delivery of this Purchase
Agreement, is entering into a certain Operating Agreement dated as of the date hereof (the
"Agreement") creating the Company; and
Whereas, the Project Property is or will be subject to one or more governmental agency
regulatory agreements (collectively, the "Regulatory Agreement") restricting its use to low-
income housing and may become subject to a low-income use restriction (the "Special.
Covenant") pursuant to the terms and conditions of this Purchase Agreement (such use
restrictions under the Regulatory Agreement and any Special Covenant being referred to
collectively herein as the "Use Restrictions"); and
Whereas, Grantee and the Company desire to provide for the continuation of the Project
Property as low-income housing upon termination of the Company by Grantee purchasing the
Project Property at the applicable price determined under this Purchase Agreement and
operating the Project Property in accordance with the Use Restrictions; and
'Whereas,
as a condition precedent to the formation or continuation of the Company
pursuant to the Agreement, Grantee and the Company have negotiated and required that the
Company shall execute and deliver this Purchase Agreement in order to provide for such low-
income housing, and to induce Grantee to guarantee the Company's obligations thereunder;
Now, Therefore, in consideration of the execution and delivery of the Agreement and the
payment by the Grantee to the Company of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby
agree as follows:
1. Grant of Option. The Company hereby grants to Grantee an option (the "Option)
to purchase the real estate, fixtures, and personal property comprising the Project Property or
associated with the physical operation thereof, owned by the Company at the time of purchase
(the "Property"), after the close of the fifteen (15) year compliance period for the low-income
housing tax credit for the Project Property (the "Compliance Period") as determined under
Section 42(i)(l) of the Internal Revenue Code of 1986, as amended (the "Code"), ott the terms
and conditions set forth in this Purchase Agreement and subject to the conditions precedent to
exercise of the Option specified herein. The Project Property real estate is legally described in
Exhibit A attached hereto and made a part hereof. The Regulatory Agreement containing the
Use Restrictions to which the Project Property real estate will remain subject under Section 9
hereof is described in Exhibit B attached hereto and made apart hereof.
2. Grant of Refusal Right. In 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 f,rrst refusal to purchase the Property (the "Refusal 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 Refusal Right specified herein. In addition to all other
applicable conditions set forth in this Agreement, (a) the foregoing grant of the Refusal Right
shall be effective only if Grantee is currently and remains at all times hereafter, until (i) the
Refusal 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 10 hereol
whichever first occurs, a qualified nonprofit organization, as defined in Section a2(h) (5) (C) of
the Code, and (b) any assignment of the Refusal Right permitted under 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 has been closed, a Permitted Assignee described in Section 10 hereof meeting the
requirements of Section a2$)(7)(A) of the Code as determined in its judgment by tax counsel.
Prior to accepting any such bona fide offer to purchase the Property, the Company shall notify
Grantee of such offer and deliver to Grantee a copy thereof. The Company shall not accept any
such offer unless and until the Refusal Right expired without exercise by Grantee under Section
6 hereof.
3. Purchase Price Under Option. The purchase price for the Property pursuant to the
Option shall be the greater of the following amounts, subject to the proviso set forth herein
below:
a. Debt and Taxes. An amount sufficient (i) to pay all debts (including member
loans) and liabilities of the Company upon its termination and liquidation as projected to occur
immediately following the sale pursuant to the Option, and (ii) to distribute to the Members,
after payments under Section 4(a) of the Agreement, 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, all
as more fully stated in Sections of the Agreement, which is hereby incorporated herein by
reference; or
b. Fair Market Value. The fair market value of the Property, appraised as low-
income housing to the extent continuation of such use is required under the Use Restrictions,
any such appraisal to be made by a licensed appraiser, selected by the Company's regular
certified public accountants, who is a member of the Master Appraiser Institute and who has
experience in the geographic area in which the Project Property is located; provided, however,
that if prior to exercise of the Option the Internal Revenue Service (the "Service") has issued a
revenue ruling or provided a private letter ruling to the Company, the applicability of which
ruling shall be determined in its judgment by tax counsel, or tax counsel has issued an opinion
letter concluding that the nature and use of the Property may be sold under circumstances
described in this Agreement at the greater of the price determined under Section 42(i) (7) 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 Right. The purchase price for the Property
pursuant to the Refusal Right shall be equal to the sum of (a) an amount sufficient to pay all
debts (including member loans) and liabilities of the Company upon its termination and
liquidation as projected to occur immediately following the sale pursuant to the Refusal Right,
and (b) an amount sufficient to distribute 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
Retusal Right
a. Member. The Grantee shall have remained in good standing as a Member of the
Company without the occurrence of any event of any default under the Agreement, and,
b. Regulatory Agreement. Either (i) the Regulatory Agreement shall have been
entered into and remained in full force and effect, and those Use Restrictions to be contained
therein, shall have remained unmodified without its prior written consent, or (ii) if the
Regulatory Agreement is no longer in effect due to reasons other than a default thereunder by
the Company, such Use Restrictions, as so approved and unmodified, shall have remained in
effect by other means and shall continue in effect by inclusion in the deed as required under
Paragraph t hereof:
If any or all of such conditions
precedent have not been met, the Option and the Refusal Right
shall not be exercisable. Upon any of the events terminating the Grantee as a Member of the
Company under the Agreement or affecting the Regulatory Agreement as described in this
Section 5, the Option and the Refusal Right shall be void and of no further force and effect.
6. Exercise of Option or Refusal Right. The Option and the Refusal Right may each
be exercised by Grantee by (a) giving 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 (b) complying with
the contract and closing requirements of Section 8 hereof. Any such notice of intent to exercise
the Option shall be given during the last twelve (12) months of the Compliance Period. Any
such notice of intent to exercise the Refusal Right shall be given within one hundred eighty
(180) days after Grantee has received the Company's notice of a bona fide offer pursuant to
Section 2 hercof, but in no event later than one hundred eighty (180) days immediately
following the end of the Compliance Period, notwithstanding any subsequent receipt by the
Company of any such offer. In either case, the notice of intent shall specify a closing date within
one hundred 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 fuither
force or effect. Upon notice by Grantee of its intent to exercise the Option or the Refusal Right,
all rights under the other shall be subordinate to the rights then being so exercised unless and
until such exercise is withdrawn or discontinued, and upon the closing of any sale of the
Property pursuant to such notice shall expire and be of no further force 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 specify any other order of priority consistent with the other terms and
conditions of this Agreement.
8. Contract and Closins. Upon determination, of the purchase price, the Company
and Grantee shall enter into a written contract for the purchase and sale of the Property in
accordance with this Agreement and containing such other terms and conditions as are standard
and customary for similar commercial transactions in the geographic area 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 Right, 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. The purchase and sale hereunder shall be closed through a deed and money
escrow with the title insurer for the Project Property or another mutually acceptable title
company.
9. Use Restrictions. In consideration of the Option and the Refusal Right granted
hereunder at the price specified herein, Grantee hereby agrees that the deed of the Project
Property to Grantee shall contain a covenant running with the land, restricting use of the Project
Property to low-income housing to the extent required by those Use Restrictions contained in
the Regulatory Agreement Such deed covenant shall contain a reverter clause in the event of
material violation of such Use Restrictions. Such deed covenant shall include a provision
requiring Grantee to pay any and all costs, including attorneys' fees of any other holder of such
reverter rights in enforcing or attempting to enforce the Use Restrictions or such reverter rights,
and to pay any and all damages from any delay in or lack of enforceability of the same. All
reverter provisions contained in such deed and in this Agreement shall be subject and
subordinate to any third-party liens encumbering the Project Property.
If prior to exercise of the Option or the Refusal Right, as applicable, the Service issued a
revenue ruling or provided a private letter ruling to the Company holding thaf a covenant of the
4
nature described hereinbelow may be utilized without limiting tax credits or deductions that
would otherwise be available, the applicability of which ruling shall be determined by counsel,
then as a condition of the Option and the Refusal Right, the deed to Grantee shall include a
Special Covenant specifically restricting continued use of the Project Property to low-income
housing as determined in accordance with the same low-income and maximum rent
requirements (excluding any right under the Code to raise rents after notice to the applicable
state or local housing credit agency if it is unable to find a buyer at the statutory price) as are
currently specified in the Agreement with reference to the low-income housing tax credit
(notwithstanding any future discontinuation of such credit or modification of federal
requirements therefor), except insofar as more stringent use requirements are imposed by the
Regulatory Agreement. The Special Covenant shall constitute part of the Use Restrictions. The
Special Covenant may state that it is applicable and enforceable only to the extent such housing
produces income sufficient to pay all operating expenses and debt service and fund customary
reserves and there is a need for low-income housing in the geographic area in which the Project
Property is located. The Special Covenant shall run with the land for a period of fifteen (15)
years after closing of the purchase under the Option or the Refusal Right, as applicable, or, if
longer, for the period measured by the then remaining period of Use Restrictions under the
Regulatory Agreement, provided that the Special Covenant shall terminate at the option of any
holder of the reverter rights described hereinabove, upon enforcement thereof.
In the event that neither the Option nor the Refusal Right is exercised, or the sale
pursuant thereto is not consummated, then upon conveyance of the Project Property to anyone
other than Grantee or its permitted assignee hereunder, the foregoing provisions shall terminate
and have no further force or effect.
10. Assisnment. Grantee may assign all or any of its rights under this Agreement to
(a) a qualified nonprofit organization, as defined in Section 42(h) (5) (C) of the Code, (b) a
government agency, or (c) a tenant organization (in cooperative form or otherwise) or resident
management corporation of the Project Property (each a "Permitted Assignee") that
demonstrates its ability and willingness to maintain the Project Property as low-income housing
in accordance with the Use Restrictions, which shall not be unreasonably withheld if the
proposed grantee demonstrates that it is reputable and creditworthy and is a capable,
experienced owner and operator of residential rental property, and subject in any event to the
conditions precedent to the Refusal Right grant and the Option price set forth in Sections 2 and
3 hereof. Prior to any assignment or proposed assignment of its rights hereunder, Grantee shall
give written notice thereof to the Company and all of its Members, Upon any permitted
assignment hereunder, references in this Agreement to Grantee shall mean the permitted
Assignee where the context so requires, subject to all applicable conditions to the effectiveness
of the rights granted under this Agreement and so assigned. No assignment of Grantee's rights
hereunder shall be effective unless and until the permitted Assignee enters into a written
agreement accepting the assignment and assuming all of Grantee's obligations under this
Agreement and copies of such written agreement are delivered to the Company and the its
Members. Except as specifically permitted herein, Grantee's rights hereunder shall not be
assignable.
11. Missellaneous. This Agreement shall be governed by the laws of the State of
Virginia. This Agreement may be executed in counte{parts or counterpart signature pages which
together shall constitute a single agreement.
Gtantee Acknowledgement
I, úrLA,ü¡g¿"IJ¿.¿-a Notary Publis in and for said County in the State aforesaid, do certiff
that Rebecca H. Mo'ses, President of Pearisburg Community Development Cotporation,
personally known to me to be the same person whose name is subscribed to the foregoing
instrument as such officer', appeared before me this day in person and acknowledged that she
signed and delivered such instrument as her own and voluntary acts, and as the fiee and
voluntary act ofthe corporation known as Pearisburg Community Development Corporation, all
for the uses and purposes set forth therein
IIA¡LA A. WHONIIY
ilotory lubllc
' tåttåt
çoñnl|rþû trFfrü frÞ 2Ó, ZOI?
My Commission Expircs:
EXHIBIT A
All of those certain parcels of real estate situate in the Town of Pearisburg, Giles County,
PARCEL ONE
PARCEL TWO
Lot Number 4l and Lot Number 53 which are adjoining lots and as shown
upon a plat of the Old Town of Pearisburg, recorded in the Clerk's Office
of the Circuit Court of Giles County, Virginia, in Deed Book E, at Page
289,to which reference is hereby made.
BEGINNING ata drill hole at the corner of Mountain Lake Avenue and
Tazewell Street, thence with Mountain Lake Avenue, N 65 degrees 14'
06" 8, 107.28 feet to a rock ledge; thence leaving Mountain Lake Avenue,
S 23 degrees 48' 04" E, passing a rod set at 5 feet, approximately 130 feet
to a point; thence S 65 degrees 14' 06" W, approximately 107.28 feet to a
point in the right of way of Tazewell Street N 23 degrees 48' 14" W,
approximately 130 feet to the point of Beginning.
The foregoing real estate is the same real estate conveyed to Pearisburg Housing Opportunities,
L}., a limitedpartnership organized pursuant to the provisions of the Virginia Revised Uniform
Limited Partnership Act, by deed dated December 18,1992, from the Town of Pearisburg,
which deed is of record in the Clerk's Office of the Circuit Court of Giles, County, Virginia, in
Deed Book 242, aT page 653
EXHIBIT B
DESCRIPTION OF
REGULATORY AGREEMENT
Recording Information: Circuit Court of Giles County in Deed Book 242, atPage 667.
TABW
(Original Attorney's Opinion)
APPLEGATE A THORNE.THOMSEN
A PRoFESSIONAL CORPORATION
Gentlemen:
This undersigned firm represents the above-referenced Owner as its counsel. It has received
a copy of and has reviewed the completed application package dated May 14, 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")
available under Section 42 of the Intemal Revenue Code of 1986, as amended (the "Code"). It has
also reviewed Section 42 of the Code, the regulations 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 VIII and IX of the Application
form, complies with all applicable requirements of the Code and Regulations.
2. The calculations (a) of the Maximum Allowable Credit available under the Code with
respect to the Development in Part VIII of the Application form and (b) of the
Estimated Qualified Basis of each building in the Development in Part IX of the
Application form comply with all applicable requirements of the Code and
regulations, including the selection of credit type implicit in such calculations.
AppLEGATE & THORITI E-THOMSEN
A PROFESSIONAL CORPORATìON
Virginia Housing Development Authority
Woodrum Manor /'Westview
};4.ay 14,2009
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 of the Code and Regulations.
8. It is more likelythan not that the representations made under Subpart I-F of the
Application form as to the Development's compliance with or exception to the Code's
minimum expenditure requirements for rehabilitation projects are correct.
9. After reasonable investigation, the undersigned has no roason to believe that the
representations made under Subpart I-E of the Application form as to the
Development's compliance with or eligibility for exception to the ten-year "look-back
rule" requirement of Code $42(dX2XB) are not correct.
Finally, the undersigned is of the opinion that, if all information and representations
contained in the Application and all current law were to remain unchanged, upon compliance by the
Owner with the requirements of Code Section 42(hXlXE), 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.
AppLEGATE & THORN E-THOMSEN
A PRoFESSIoNAL CORPORATION
This opinion was not prepared in accordance with the requirements of Treasury
Department Cirsular No. 230. Accordingl¡ it maynot be relied upon for the purpose of avoiding
U.S. Federal tax penalties or to support the promotion or marketing of the transaction or matters
addressed herein.
As part of the 2009 application for Low Income Housing Tax Credits, Pearisburg Community Development
Corporation intends to rehab at least 4% (1 unit) at Vy'oodrum Manor that will conform to HUD regulations
interpreting accessibility requirements of section 504 of the Rehabilitation Act.
As of May 2009, there is a current resident of Woodrum Manor who qualifies for, and has expressed an
interest in, this fully accessible unit. Should this resident decide at any point that he no longer wishes to reside in
the accessible apartment, Giles County Housing and Development Corporation (GCHDC) will proceed with
regular efforts-as detailed below-to market this apartment to another household with disabilities.
Giles County Housing and Development Corporation will actively market this unit to people with mobility
impairments. The applications will be available at the office of Giles County Housing and Development
Corporation, 601 Wenonah Avenue, Pearisburg, VA24l34 or via mail, fax or e-mail by contacting GCHDC at
5 40 -9 2 I -28 | 5 / fax 5 40 -9 2l - 4481 or wmeador5 9 @verizon.net.
The project will serve residents of the Town of Pearisburg and the surrounding communities of Giles County.
The fully accessible one-bedroom unit will serve individuals or families with disabilities and a household incorne
at or below 50% of the area median income for Giles County. The rent limit for the fully accessible unit will be
40% AMI for Giles County.
2. Marketing Procedures
GCHDC will develop a waiting list. Advertisements will be placed with accessva.org and with the local
newspaper (Virginiøn Leader.) Outreach efforts will include the local Section 8 administrative office (Pembroke
Management, Inc.); the Giles County Department of Social Services in Narrows, VA; and the Blue Ridge
Independent Living Center's New River Valley satellite office in Christiansburg, VA.
Applicants will be required to qualify under the requirements of Section 42 of the Internal Revenue Code and
will need to fulfill other resident selection criteria including credit, criminal and rental history requirements.
VHDA Locality Notification Information Form
WoodrumMonor/Wesfview / Peorisburg
PART I . INSÏRUCTIONS:
Seclion a2 fi)(1)(A)(ii) of the lnternol Revenue Code requires ollocoiing ogencies fo notify "the Chief
Execulive Officer (CEO) or equivolent of lhe locoljurisdiction within which the building is locoled ond provide
such individuol q reosonoble opportunity lo comment on the development." VHDA uses informolion you
provide in lhis form 1o comply with this requirement. lf your development overlops fwo or more jurisdiclions,
you ore required to submit lhis form for eoch.
New in 2009!
ln oddilion to contociing The Locolity CEO, VHDA will olso be conlocling lhe Moyor or Choirmon of the
Boord of Supervisors. lt is proboble thot eoch position will hove o seporote moiling oddress,
Although VHDA prepores the documents sent îo eoch locolily, we rely on you, lhe developer/Appliconl, lo
provide us with key informolion, including ihe nome of the locolity hoving jurisdiction over the development,
nomes, oddresses ond solulolions, os well os o summory of bosic development informotion.
lf you olreody hove o locol support letler, you con include it with the opplicolion ol TAB L However, you musi
comoleie this form ond submit iT to VHDA or lhe opplicotion for ihis development will be penolized 50
still
points!
For informotion obout oddilionol points ossocioled with receiving o Support Lefter from the locqljurisdiction,
pleose refer to ihe Applicolion Monuol.
Developers seeking tox-exempl bond 4% credits or Non-Competitive 9% credits, should submil this form ot
leosi 30 doys prior to submission of the tox credil opplicotion.
50-Poínt Penolty:
Foilure fo complele ond submiT this form prior lo 5:00 p.m. EST iime on Morch 25,2009 will result in o S0-point
penolly þ50 points) for ony opplicotion submitted in connection with the 2009 competilive lox credils.
lf you use ihis e-moil opfion, you will receive on outo reply messoge confirming "messoge received." The
system DOES NOT confirm ihot on oltochment hos been received.
vio regulor moil (on CD) to:
VHDA
Tox Credit Allocotion Deportment
c/o Debbie Griner
ó01 S. Belvidere Streel
Richmond, Y A 23220- 6500
Nome of CEO:
Kennelh F. Vittum
lhe full nome of the Cily Monoger, Town Monoger, Counly Administrolor, Chief
This is
Adminislrolive Officer, Executive Officer, elc.
lhe moiling oddress of ihe CEO ond moy nol olwoys be lhe some os lhe physico¡ oddress
Th¡s ¡s
of ihe courlhouse, lown holl, municipol building, cily holl, elc. Pleose double check lhe oddress
before enlering.
Suite/Room # (¡roppticobte):
city: ãñb,"s
Stote: t^
lip: 24134
code musl correspond lo lhe P.O. Box or streei oddress lhot you ore using. Note: Zip
This zip
codes for P.O. boxes ore usuolly differenl from the zip codes for the slreel oddresses.
Solutqtion: Mr. Viitum
.€iTL" H""".bl"", T4.f'Mrs.", "Ms.", "Rev.", elc.
City: P".t-b"rS
Stote: J4_
7ip: 24134
Be sure lhe zip code you pick up coresponds to fhe P.O. Box or slreel oddress lhof you ore using.
t o' boxes ore usuollv different from lhe lp codes for Ihe slreel oddresses'
sorutotion: i'i;"it;tär:"t
Th" lt""".blr", "^^.f'Mrs.", "Ms.", "Rev.", elc.
"€.
C. Jurisdicllon Deloil
Circuit Court Clerk's office in which the deed to the property is or will be recorded: Counly of Giles
Cily/Counly of
Does the site overlop one or more jurisdictionql boundories? n yes ENo If yes, odd the nomes of
the olher jurisdiciion(s) here:
Cily/Couniy of Cily/County of
Developmenl is locoled in o Melropoliton Slot¡slicol Areo (MSA)? E Yes E No
Development's Census Troct: 51 07r 9904.00
2, tloor Areo:
Gross Residentiol Floor Areo r ó590
Commerciol Floor Areo -
--l ó590
--Tõãõ''
Low-lncome Floor Areo
% Low-lncome Unil Floor Areo m
3. Numbe¡/Age ot Buildings
Number of Buildings 2
Age of Building(s) 3õETõ7!êors Number of slories: 2 &3
4. Structurol Feolures (check oll thol opply):
! Row House/Townhouse E Gorden Aportments E s¡oo on crode
! DetochedSingle-fomily fl Detoched Two{omily I BosemenT
! Elevotor E Crowl Spoce
5. Bulldlng Syslems:
Descr¡be Heoting/AC System: high-ef ficiency electr¡c
A. Owner lnformqlion
Owner Nome: Olde Towne Housing, Phone:54G921-2815
Best Person io Confoct: Wondo Meodor
Sireet Address: ó01 Wenonoh Ave
Cily, Slole & Zip:
5. lf on lndividuol (owner or otherwise) - onyone hoving o 257o or more ownership interesl of the nomed individuol
ó. lf Any Person thol Dkectly or lndirectly Controls or Hos lhe Power lo Conl¡ol o Princlpol
B. Seller lnformolion:
Seller Nome: Wondo Meodor, Peorisburg Housing Opportunites, L.P.
Seller Phone: 540-921-2815
Slreet Address: ó01 Wenonoh Ave.
City, Stote & Zip:
City zip
lsthere on identity of interest between the seller ond owner/opplicont? E ves nNo lf yes, complete
the following:
Noiure of ldentity of lnteresl (l ) : Generol Porlner
e.g. generol porlner, monoging member, conlrolling shoreholder, elc.
Nome
Sireet Address
Cily, Stole & zip:
Cily Lip