arkansas development finance authority...section 42(d)(2)(b) by including the following for each...
TRANSCRIPT
Arkansas Development Finance Authority
2010 Multi-Family Housing Application
Table of Contents
Contents Page
Instructions for Submitting Applications ...................................................................... i Application Checklist .................................................................................................. iii Applicant Self-Scoring Sheet ..................................................................................... viii
APPLICATION
I. Development Name & Address .................................................................... 1 II. Applicant Information .................................................................................. 1 III. Partnership Information ................................................................................ 2 IV. Special Housing Needs Set-Aside ................................................................ 3 V. Previous Participation of Applicant/Developer/Consultant .......................... 3 VI. Development Type ....................................................................................... 4 VII. Development Information ............................................................................. 4 VIII. Site Information ............................................................................................ 5 IX. Acquisition of Existing Buildings ................................................................ 5 X. Acquisition Information ............................................................................... 6 XI. Relocation Information ................................................................................. 7 XII. Existing Subsidies with Acquisition Developments ..................................... 7 XIII. Energy and Equipment Information ............................................................. 7 XIV. Monthly Utility Allowance Calculations ...................................................... 8 XV. Minimum Set-Aside Election ....................................................................... 8 XVI. Rental Assistance .......................................................................................... 9 XVII. Development Tax Credit Rents .................................................................... 9 XVIII. Development Income .................................................................................... 9 XIX. Annual Expense Information ...................................................................... 12 XX. Sources of Funds (Grants and Other Funds) ............................................... 15 XXI. Credit Enhancement or Private Placement ................................................. 15 XXII. Notification of Local Official ..................................................................... 15 XXIII. Source of Funds (Construction and Permanent) ......................................... 16 XXIV. Development Costs ..................................................................................... 17 XXV. Syndication Information ............................................................................. 19 XXVI. Non-Profit Determination ........................................................................... 20 XXVII. Development Team Information ................................................................. 21 XXVIII. Development Timeline ............................................................................... 23 XXIX. Application & Other Fees ........................................................................... 24 XXX. Signature Page (LIHTC/Bond Applicants) ................................................. 25 XXXI. Certification (HOME Developments) ......................................................... 26
REQUIRED FORMS
................................................................................................ 27
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INSTRUCTIONS FOR
SUBMITTING APPLICATIONS All multi-family housing program applicants must use the following instructions for submitting an Application. All applications must be submitted in the required format. 1. Applicants for a particular program must also follow the rules and regulations for that
program. Please see the following program guides for more information and requirements:
For all Low-Income Housing Tax Credit (“LIHTC”) Applicants:
2010 Housing Credit Program Qualified Allocation Plan ("QAP") LIHTC Compliance Monitoring and Procedure Manual ADFA Approved Market Study Firms List ADFA Market Study Guidelines for Affordable Rental Housing Programs ADFA Approved Capital Needs Assessment Firms List ADFA Multi-Family Housing Minimum Design Standards
For all HOME Program Applicants:
HOME Program Policy and Operations Manual HOME Compliance Monitoring & Procedure Manual
For all Tax-Exempt Bond Applicants:
2009 Guidelines for Reserving Volume Cap for Tax-Exempt Private Activity Bonds for Residential Rental Housing
ADFA Rules & Regulations Implementing the Law on the Allocation of the State Volume Cap for Private Activity Bonds
2010 Housing Credit Program Qualified Allocation Plan ("QAP") 2. SUBMIT ONE (1) SIGNED ORIGINAL AND ALL EXHIBITS.
• HOME PROGRAM APPLICANTS MUST ALSO SUBMIT ONE (1) COMPLETE COPY OF THE APPLICATION AND ALL EXHIBITS.
ALL APPLICATIONS MUST BE SUBMITTED BY THE PROGRAM DEADLINE MAY 19, 2010.
APPLYING FOR LIHTC/TAX-EXEMPT BONDS APPLYING FOR HOME FUNDS ONLY
Submit Complete Application to: Multi-Family Housing Department Arkansas Development Finance Authority P.O. Box 8023 Little Rock, Arkansas 72203 Physical delivery to: 900 W. Capitol, Suite 310Little Rock, Arkansas 72201
Submit Complete Application to: HOME Department Arkansas Development Finance Authority P.O. Box 8023 Little Rock, Arkansas 72203 Physical delivery to: 900 W. Capitol, Suite 310 Little Rock, Arkansas 72201
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3. Also submit the entire APPLICATION electronically as a SAVED (not scanned) ADOBE® file via e-mail to:
[email protected] 4. Answer all questions. If not applicable to your application, mark N/A. 5. READ THE YELLOW NOTES AND HIGHLIGHTS THROUGHOUT THE
APPLICATION. THEY CONTAIN INSTRUCTIONS FOR THE AREA HIGHLIGHTED. 6. Only materials submitted on the standard forms included in the application packets (or
copies of the forms) will be accepted for review. Use only forms provided and additional sheets if necessary.
7. REQUIRED FORMAT: Place the original and, if applicable, copy of the
application and exhibits in a sufficiently sized 3-ring binder. Do not otherwise bind, staple or use Acco fasteners. Arrange the application as follows:
TAB #1 should include the Application Checklist, Self-Scoring Sheet (LIHTC) and complete Application.
All other exhibits/forms should be behind the corresponding numbered TAB on the Application Checklist. DO NOT SKIP TAB NUMBERS. If an exhibit does not apply to your application place a sheet of paper with “N/A” behind the TAB.
If you have extra exhibits that do not fall under a specific TAB listed in the checklist, attach additional TABs starting with number 51.
ADDITIONAL REQUIREMENTS FOR HOME PROGRAM APPLICANTS Standard Form 424 must be submitted with your application to the State Clearinghouse, if
you have not done so.
If the applicant is not a state agency, a copy of this same information must be submitted to the appropriate area-wide Clearinghouse. The state address is:
State Clearinghouse 1515 W. 7th Street
1515 Building, Room 417 Little Rock, AR 72201
RETAIN A COPY OF THE FULL APPLICATION AND EXHIBITS/FORMS FOR YOUR FILES.
IF YOUR APPLICATION DOES NOT COMPLY WITH THE REQUIRED FORMATS, THE APLICATION WILL BE CONSIDERED AS INCOMPLETE AND WILL NOT BE PROCESSED.
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APPLICATION CHECKLIST
2010 Multi-Family Housing Application. Submit one (1) original and, if also a HOME applicant, one (1) copy of the following. Place a check by each item included in the application. Put N/A next to each item that does not apply to your application. DO NOT LEAVE ANY ITEM UNMARKED.
Tab No.
1. _______ Complete Application (signed and dated), including application checklist and self-scoring sheet (self-scoring applies only to LIHTC applicants)
2. _______ Application Fee: (select one) (Place a copy of the check behind TAB #2) (QAP § XII.A., p. 30)
LIHTC:
Non-Profit Owner: $300.00
For Profit Owner with four (4) or less units: $300.00
For Profit Owner with more than four (4) units: $500.00
Tax-Exempt Bonds: (2009 Guidelines for Allocating Volume Cap, §VI.A., p. 2)
All developments: $500.00
3. _______ Narrative description of the development (QAP § VI.C.1., p. 16)
4. _______ Financial commitment letter from each funding source (QAP § VI.B.3., p. 8)
5. _______ Utility allowance calculation (QAP § VI.B.4., p. 9)
6. _______ Site control information (QAP § VI.B.5., p. 9)
Deed
Option/Purchase Contract
99-year leasehold
Proof of Seller’s ownership of property, if not owned by applicant.
Verification of Arm’s Length Transaction Included
Rehabilitation Developments
requesting acquisition credits must satisfy IRC Section 42(d)(2)(B) by including the following for each building;
Purchase Requirement documentation;
10-year hold rule documentation (including both placed in service and most recent nonqualified substantial improvement of the building);
If claiming statutory exemption, provide cite, basis for exemption, and all supporting documentation;
Related party requirement documentation
7. _______
Zoning Authority (QAP § VI.B.6., p. 10)
Planning Commission (if applicable) (QAP § VI.B.5., p. 10)
8. _______
Independent Market Study & Additional Site Maps (QAP § VI.B.7., p. 10) Street map and turn-by-turn from ADFA to exact location of site
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9. _______
Letter of support from highest elected local official. Letters of support from other sources (QAP § VI.B.8., p. 10)
HUD statement of good standing (Public Housing Agencies only) (QAP § III.B.4., p. 2)
10. _______
Letter to Public Housing Authority for use by Persons on Waiting List (QAP § VI.C.2., p. 16)
11. _______
Letter of Participation of each Development Team Member (QAP § VI.C.3., p. 16)
Resume of each Development Team Member (QAP § VI.C.3., p. 16)
12. _______
Criminal Background and Disclosure Form – Housing for each Development Team Member (Attachment A) (QAP § VI.C.5., p. 17)
13. _______ Non-Profit Applicants (QAP § VI.B.9., p. 11)
Articles of Incorporation – Purpose must include fostering low-income housing
IRS Documentation of Exemption from Federal Income Tax
Proof of ownership interest in development
Statement of non-affiliation nor control by a for-profit organization
Statement of material participation
Names of Board of Directors
Paid staff names and source of annual operating funds
Statement of compliance with IRS Revenue Procedure 96-32
14. _______ Plans & Specifications* (QAP §§ VI.B.10., p. 11; VI.C.11., p. 18; VIII.G., p. 25)
Building and Unit Designation completed (Attachment E)
Architect/Engineer certification that development will comply with ADFA’s “Multi-Family Housing Minimum Design Standards”
Architect/Engineer certification of compliance with applicable local, state and national building codes, including federal and state accessibility laws.
Architect/Engineer has completed "Multi-Family Housing Minimum Design Standards Checklist" (Attachment G)
_______
Additional Requirements for Rehabilitation Developments (if applicable)
Architect/Engineer certification of unavoidable nonconformance
Architect/Engineer certification of no alternative available
Applicant’s statement of implementation of alternative *Only one (1) copy of plans and specifications must be submitted
15. _______ Environmental Documents
Signed and Completed Environmental Checklist (QAP § VI.C.6., p. 17)
Completed Environmental Assessment (Attachment B)
Topographic Map (site should be identified on map)
Ten (10) color photos of site
Ten (10) photos minimum, exterior, front, rear, sides of building, away from property each direction and development sign for rehabilitation
Flood Map (site should be identified on map)
16. _______ Capital Needs Assessment (Rehabilitation Developments Only) (QAP § VI.B.11., p. 12)
Applicant’s statement of implementation
17. _______ Tenant Income Audit (Rehabilitation Developments Only) (QAP § VI.B.12., p. 13)
18. _______ Pro Forma (Attachment C) (QAP § VI.B.14., p. 14)
19. _______ Clearance Letters
Section 106 Clearance Letter from AR Dept. of Heritage, or proof of application (QAP § VI.C.7., p. 17)
Fish and Wildlife Clearance Letter from U.S. Fish and Wildlife Service, or proof of application (QAP § VI.C.7., p. 17) (Attachment D)
20. _______ Appraisal (rehabilitation developments only) (QAP § VI.B.15., p. 14)
21. _______ HERS Rater Certification of HERS Index Score that development will achieve upon completion
Applicant’s statement of implementation
22. _______ Support services by tax-exempt organization (QAP § VII.A.9., p. 22)
Signed acknowledgment of Participation by Tax-Exempt Organization
Applicant's Statement of Compliance
Articles of Incorporation/Charter and By-Laws of Tax-Exempt Organization
23. _______ Applicant statements regarding:
Documentary Support as to how development will market to Single Parent/Guardian with Children (QAP § VII.A.2.h., p. 20)
Right of First Refusal Contract to be offered for eventual tenant ownership (QAP § VII.A.2.i., p. 20)
Election to limit developer’s and consultant’s fees to 10% or less (QAP §§ VI.B.16., p. 14; VII.A.5., p. 21)
Election to serve very low-income households (QAP § VII.A.12., p. 23)
Election to extend LIHTC affordability period at least 5 years beyond 30-year extended use period (QAP § VII.A.13., p. 23)
24. _______
Copy of census tract (QAP §§ VII.A.1.b., p. 19)
Copy of community revitalization plan (if applicable) (QAP § VII.A.14., p. 23)
Copy of National Register of Historic Places (QAP §§ VI.C.10., p. 18; VII.A.4., p. 21)
25. _______ Assisted Living Developments (QAP §§ VI.C.8., p. 18; VIII.D., p. 25)
Certificate of Need or Permit of Approval
Statement of complete living, sleeping, cooking and sanitation facilities
Statement of General Public availability
Statement that supportive services are optional by tenant
Statement that supportive services do not include continual or frequent services
26. _______ Disclosure Documents:
Conflict of Interest Acknowledgement (Attachment F-1) (QAP § VI.C.9., p. 18)
Signed and Completed Contract and Grant Disclosure and Certification Form (Attachment F-2) (QAP § VI.C.9., p. 18)
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27. _______ Amenities:
List of Amenities (QAP § VII.A.7., p. 21)
Also indicate on Plans and Specifications
Also indicate on Attachment G
28. _______ List of Advanced Energy Efficiency Features (rehabilitation developments only)
Also indicate on Attachment G
29. _______ Form 8609 and Land Use Restriction Agreement if this development previously received federal low-income housing tax credits
30. _______ Rental Assistance Contract (if applicable)—must reflect amount of currently approved rents
Additional Requirements for Applicants Also Applying for
HOME Program Funds:
31. _______ Cover sheet with applicant name
32. _______ Standard Form 424 (Attachment H)
33. _______ Certification Page (signed and dated)
34. _______ Appraisal (Land and Improvements)
35. _______ Copy of Contractor's License
36. _______ Copy of bid proposals or the results of bid proposals (if applicable for multi-family developments)
37. _______ Copy of general contracts, estimates or sworn statements supporting proposed budget
38. _______ Copy of “NOTICE TO BID” advertisement, as applicable
39. _______ Copy of Contractor Agreement, if negotiated
40. _______ Copy of the Affirmative Marketing Plan (Attachment I)
41. _______ Copy of City’s Adopted Fair Housing Ordinance
42. _______ Completed and signed Minority and Women Business Plan (Attachment J)
43. _______ Financial Statements of Development Owner(s)
New Applicant-Balance Sheet, Profit and Loss Statement for past two years
Prior or Current Applicant-Balance Sheet, Profit/Loss Statement for past year
44. _______ Plan for Section 3 (http://www.access.gpo.gov/nara/cfr/waisidx_02/24cfr135_02.html)
45. _______ Cooperative Agreement, if joint application
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46. _______ Request for Taxpayer Identification Number and Certification (Form W-9) (Attachment K)
47. _______ Phase I Environmental Site Assessment
Will be submitted no later than placed in service or December 6, 2010 (QAP § VI.C.6., p. 17)
48. _______ HOME Program Match Requirements (Attachment M)
49. _______ Application for HOME Assistance – ADFA Form 4000-98 (Attachment N)
50. _______ Homeownership Assistance/Rental Housing Development Set-Up (Attachment O)
51. _______ HOME Unit Breakdown (Attachment P)
Start with TAB #52 for attachments not specified above.
52. _______
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QAP POINTS CRITERIA POINTS #1. Location/USDA/HUD (QAP § VII.A.1., p. 19) (Maximum 15 pts.)
#2. Development of Special Needs (QAP § VII.A.2., p. 20) (Maximum 15 pts.)
#3. Involves rehabilitation of existing structures (QAP § VII.A.3., p. 20)
(10 pts.)
#4.
Involves preservation or rehabilitation of existing affordable housing program or structures listed on National Register of Historic Places (QAP § VII.A.4., p. 21)
(Maximum 10 pts.)
#5.
Lowering of developer and consultant fees to 10% or less (QAP § VII.A.5., p. 21) (5 pts.)
#6.
A minimum of 20% of the total residential units in the development are market rate units (QAP § VII.A.6., p. 21) (5 pts.)
#7.
Development provides additional amenities (QAP § VII.A.7., p. 21) (Maximum 10 pts.)
#8.
Development provides advanced energy efficient features (QAP § VII.A.8., p. 22) (Maximum 15 pts.)
#9.
Participation of tax-exempt organization (QAP § VII.A.9., p. 22) (5 pts.)
#10. Site Visit (QAP § VII.A.10., p. 22) (Maximum 10 pts.)
#11. Market Need (QAP § VII.A.11, p. 23) (Maximum 20 pts.)
QAP LEGISLATED PRIORITIES
#12. Serves the lowest income group (QAP § VII.A.12., p. 23) (3 pts.)
#13. Extends the duration of Low-Income use (QAP § VII.A.13., p. 23) (4 pts.)
#14. QCT/Existing housing and Community Revitalization Plan (QAP § VII.A.14., p. 23) (3 pts.)
TOTAL POINTS (Maximum 130 pts.) ******************************************************************************* Refer to Points Criteria Section VII.A. of the 2009 Qualified Allocation Plan (QAP) for instructions on submission of scoring and supporting documentation.
ADFA MULTI-FAMILY HOUSING 2009 LIHTC APPLICANT SELF-SCORING
For Low-Income Housing Tax Credit Applicants Only
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2010 MULTI-FAMILY HOUSING APPLICATION ARKANSAS DEVELOPMENT FINANCE AUTHORITY
900 W. Capitol, Suite 310 Little Rock, Arkansas 72201
Phone: (501) 682-5900 Fax: (501) 682-5859
Application Date: __________________ Received by:_____________________
Date Stamp:
Applicant is applying for: (check only one)
_____2010 Low-Income Housing Tax Credits (only) ______HOME Program (only)
_____2010 Low-Income Housing Tax Credits & HOME Program Funds
_____Tax-Exempt Multi-Family Volume Cap with 4% LIHTC
I. DEVELOPMENT NAME & ADDRESS
(List name under which development will do business. i.e. XYZ Apartments)
Name of Development:_____________________________________________________________________
Address:___________________________________________ County:____________________________
City:______________________________________________ State:________ Zip Code:___________
Census Tract No.:_________________ Is this a Qualified Census Tract: Yes_______ No __________ Is the Development Located in: Metropolitan Statistical Area: Yes_______ No_________ Difficult to Develop Area: Yes_______ No_________ (As defined by the U.S. Department of Housing and Urban Development)
II. APPLICANT INFORMATION
NAME UNDER WHICH APPLICANT DOES BUSINESS. (IF APPLICANT IS THE PARTNERSHIP/OWNER, ALSO COMPLETE PARTNERSHIP INFORMATION IN SECTION “III. PARTNERSHIP INFORMATION” BELOW.)
____ For Profit ____ Non-Profit (Non-Profits must complete Section XXVI.)
Name:____________________________________________________________________________________
*Contact Person:___________________________________________________________________________
Address:________________________________________ City:________________________________
State:_____________ Zip Code:_______________ Email Address:______________________________
Phone Number:__________________________ Fax Number:________________________________ *Contact person for all ADFA correspondence and contact regarding this development.
U.S. State State Congressional District: _______ Senate District: _______ House District: _______
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Is the Applicant also the Developer? Yes_________ No________ If not, please complete the following information:
Developer (If different than the Applicant):
Development Company:_____________________________________________________________________
*Contact Person:___________________________________________________________________________
Address:_________________________________________________ City:________________________
State:__________ Zip Code:_______________ Email Address:_____________________________________
Phone Number:__________________________ Fax Number:_______________________________ *Contact person for all ADFA correspondence and contact regarding this development.
III. PARTNERSHIP INFORMATION: (Please note: ADFA reserves tax credits to the Partnership or its General Partner(s). Reservations are non-transferable. Any changes in General Partner Status requires a new application)
______ For Profit _______ Non-Profit (Non-Profits must complete Section XXVI.)
LIMITED PARTNERSHIP: __________________________________________________________
Federal Tax Identification Number:____________________________________________________
NAME OF GENERAL PARTNER(S)
ADDRESS/ PHONE NO.
% OF OWNERSHIP
TOTAL %
NAME OF LIMITED PARTNER(S)
ADDRESS/PHONE NO.
% OF OWNERSHIP
TOTAL %
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IV. SPECIAL HOUSING NEEDS SET-ASIDES
(LIHTC Applicants only) Applicant must meet Set-Aside Requirements. Please mark all that are applicable.
Will a qualified non-profit organization, as defined in IRC § 501(c)(3) or § 501(c)(4), materially participate in the development and operation of the development throughout the compliance period ?
___________ Yes __________ No
Is the applicant requesting HOME Program funds for the development or has the applicant received a commitment for funding to the development from Rural Development?
___________ Yes __________ No
Will the development be an Assisted Living Development?
___________ Yes __________ No
Will the development be developed by or in conjunction with any Public Housing Authority or Section 8 Contract Administrator in good standing with the U.S. Department of Housing and Urban Development?
___________ Yes __________ No
Will the development be located within one of the following twelve counties: 1) Arkansas; 2) Benton; 3) Cleburne; 4) Conway; 5) Crittenden; 6) Grant; 7) Lonoke, 8) Mississippi; 9) Phillips; 10) Pulaski; 11) Saline; or 12) Van Buren; Presidentially declared disaster areas as set forth in FEMA Declaration 1785-DR.
___________ Yes __________ No
V. PREVIOUS PARTICIPATION OF APPLICANT/DEVELOPER/ CONSULTANT
Separately list all previous participation of the applicant, developer, and consultant in any development which received an allocation of federal low-income housing tax credits from ADFA. (Attach separate listing if necessary).
**For developments requesting HOME funds, identify the past five years of participation by the applicant, developer, and consultant in HOME program funds developments.
NAME OF PARTICIPANT AND DEVELOPMENT
LOCATION
DATE OF LIHTC RESERVATION
AND STATUS OF DEVELOPMENT
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VI. DEVELOPMENT TYPE _____ New Construction _____ Acquisition/Rehabilitation
VII. DEVELOPMENT INFORMATION TOTAL No. of Units:_______ No. of LIHTC Units:________ Percentage of LIHTC Units:___________ Number of units designated for Manager(s)/Employee(s) per IRS REVENUE RULE 92-61: _________ --Included in No. of LIHTC Units: Yes_________ No_________ (If yes, include in
TOTAL and LIHTC units numbered
above. If no, do not include above.)
--Included in No. of Market Rate Units: Yes_________ No________ (If yes, include only in
TOTAL units numbered above. If no, do not
include above.) Type of Construction: _______Row/Townhouse Elevator Yes_________ No_________ _______Detached Single Family Slab on Grade Yes_________ No_________ _______Garden Apartments Full Basement Yes_________ No_________ Crawl Space Yes_________ No_________ Total No. of Buildings:___________ Total No. of Stories:________________ Total No. of Parking Spaces:________ Total No. of Handicap Parking Spaces:_____________ Total Gross Floor Area for all Buildings:___________________________________ (Sq. Feet) Total Residential Floor Area:_____________ Total LIHTC Residential Floor Area: _____________ (Sq. Feet) (Sq. Feet) Recreation Facilities/Common Space (list): _________________________________________________ Commercial Facilities (list):______________________________________________________________ Type of Units: _______Multi-Family Housing ________Special Needs/Supportive Services _______Senior Housing 55 62 Other ________Single Room Occupancy _______Assisted Living ________Other: ____________________________ Targeting of Units: (If proposed development is elderly it must be housing for older persons as defined at
42 USC § 3607(b)(2) and Ark. Code Ann. § 16-123-307(d)(1).) Senior - No. of Units: ________ Family - No. of Units (3 & 4 bedrooms): ________ Handicapped - No. of Units: ________ Other:_________________ No of Units: ________ (For HOME Applicants) Number of Units that are 504 accessible: ____________
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UNIT SIZE BREAKDOWN NO. OF
UNITS
NET Square Footageof smallest of
same bedroom size units
Average Square Footage of same
bedroom size units
AVERAGE COST PER SQ. FT.
$________________
(Include Manager/Employee Unit(s)
within applicable Bedroom Size)
Efficiency
____Bedroom(s) AVERAGE COST
PER UNIT
$_______________
____Bedroom(s)
____Bedroom(s)
____Bedroom(s) PER UNIT COST CAP AVERAGE
$_______________
TOTAL UNITS
(Including Manager/Employee Unit(s))
VIII. SITE INFORMATION (Site Control Documentation must be submitted at TAB #6) Is site currently under control for the development? Yes_______ No________ If yes, control is in the form of: ______Deed ______Option ______Purchase Contract ______Other: Expiration Date of Contract or Option: _______________ (Month/Year) Has an appraisal been completed on the property? Yes_______ No________ Appraised Value of the Land and Improvements: $ Total Cost of Land: $ _____________ Exact Area of Site: ___________ (acres) Name of Seller: ________________________________________________________________ Address: _____________________________________________________________________ City:________________________ State & Zip: Phone: Is site properly zoned for your development? Yes_______ No________ (Proper zoning documentation must be submitted at TAB #7.) Are all utilities presently available to the site? Yes_______ No________ If no, which utilities need to be brought to the site? ______Electric ______Water ______Phone ______Sewer ______Gas ______Other:_____________________
IX. ACQUISITION OF EXISTING BUILDINGS (Complete for all rehabilitation developments) How many buildings will be acquired for the development? ____________________ Are all the buildings currently under control for the development? Yes_______ No_______ If no, how many buildings are under control for the development? ____________________ When will the rest of the buildings be under control for acquisition? _________________________ (Month / Year)
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LIST BUILDINGS UNDER CONTROL
ADDRESS(ES) OF BUILDINGS
TYPE OF CONTROL
OWNERSHIP, OPTION,
PURCHASE CONTRACT
EXPIRATION DATE
OF CONTROL DOCUMENT
NO. OF UNITS
ACQUISITION
COST OF BUILDING
1.
2.
3.
4.
5.
6.
(Attach Needed Additional Pages)
X. ACQUISITION INFORMATION
Building(s) acquired or to be acquired from: _____Related Party _____Unrelated Party
Building(s) acquired or to be acquired with Buyer's Basis _____Determined with reference to Seller's Basis _____Not Determined with reference to Seller's Basis
List below the building address; previously assigned BIN, if applicable; first year of prior compliance period, if applicable; date the building was placed in service by previous owner; date of planned acquisition by the applicant; and the number of years between date the building was last placed in service and the date of acquisition or most recent nonqualified substantial improvement. See 26 USC 42(d)(2).
ADDRESS AND BIN
OF BUILDINGS
PRIOR LIHTC ALLOCATION
*YES* OR NO
FIRST YEAR OF PRIOR
COMPLIANCE PERIOD AS
INDICATED ON IRS FORM 8609
PLACED-IN-SERVICE
DATE (PIS) BY THE
PREVIOUS OWNER
DATE OF
ACQUISITION
BY THE APPLICANT
NUMBER OF YEARS BETWEEN, ACQUISITION
AND PREVIOUS PIS OR MOST RECENT
NONQUALIFIED SUBSTANTIAL
IMPROVEMENT
1.
2.
3.
4.
5.
6.
(Attach Needed Additional Pages) *If YES*, attach a copy of IRS Form 8609 filed the first tax credit year with the IRS and “LAND USE RESTRICTION AGREEMENT” previously recorded on any building that is a part of the development at TAB #29.
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XI. RELOCATION INFORMATION Are the units currently occupied by tenants? Yes________ No_______ Does this development involve any relocation of tenants within the development? Yes________ No_______ Does this development involve any relocation of tenants outside the development? Yes________ No_______ If yes, please describe the proposed relocation assistance, if any. A COMPLETE TENANT AUDIT IS REQUIRED FOR ALL REHAB DEVELOPMENTS – ATTACH AT TAB #17.
XII. EXISTING SUBSIDIES WITH ACQUISITION DEVELOPMENTS _______ Section 221(d)(3) BMIR _______ Section 521 Rental Assistance _______ Section 236 _______ Section 8 Project Based Rental Assistance Is HUD Approval for Transfer of Physical Asset Required? Yes_______ No________
XIII. ENERGY AND EQUIPMENT INFORMATION
ENERGY EQUIPMENT
TYPE SYSTEM (FORCED AIR, HOT WATER, ETC.)
EFFICIENCY RATING
Heating
Air Conditioner
Domestic Hot Water
Equipment that must be included with Unit (Low-Income Units) (Also see ADFA Multi-Family Housing Minimum Design Standards)
_____ Range _____ Refrigerator _____ Laundry Facility _____ Kitchen Exhaust
______ Central Heat _____Central Air _____Window Treatments
Equipment that must be included with Unit (Market Rate Units) _____ Range _____ Refrigerator _____ Laundry Facility _____ Kitchen Exhaust
______ Central Heat _____Central Air _____Window Treatments
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XIV. MONTHLY UTILITY ALLOWANCE CALCULATIONS
UTILITIES
Type of Utility (Gas,
Electric)
Utilities Paid By (Tenant
or Owner)
Utility Allowance/Month
Eff
1BR
2BR
3BR
4BR
5BR
Cooking
Heating
Hot Water
Lighting
Air Conditioning
Water
Sewer
Trash
Other
Total TENANT
paid utility allowance
Source of Utility Allowance Calculation
(Documentation must be included at TAB #5) __ Public Housing Authority (PHA) __ Housing & Urban Development (HUD)
__ Utility Company __ Rural Development (USDA RD)
XV. MINIMUM SET-ASIDE ELECTION
The Owner irrevocably elects on the Minimum Set-Aside Requirements (Check only one)
____ At least 20% of the rental residential units in this development are rent-restricted and to be occupied by individuals whose income is 50% or less of area median income.
____ At least 40% of the rental residential units in this development are rent-restricted and to be occupied by individuals whose income is 60% or less of area median income.
____ Deep Rent skewing as referred to in Section 42(g)(4) and defined at Section 142(d)(4)(B) of the Internal Revenue Code.
HOME APPLICANTS ONLY COMPLETE THE FOLLOWING:
Low-Income Affordability and Rent Control Period (check one)
_____ 5 Years HOME Assistance/Unit <$15,000/unit _____ 10 Years HOME Assistance/Unit $15,000-$40,000/unit _____ 15 Years HOME Assistance/Unit >$40,000/unit _____ 20 Years New Construction _____ __ Years FHA Insured _____ __ Years (Other)
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XVI. RENTAL ASSISTANCE:
Are any low-income units receiving or will receive Rental Assistance? Yes_______ No_______
If yes, identify the type of Rental Assistance:
No. of units receiving Assistance: ________ Rental Assistance Contract Expires: ___________
A copy of the Rental Assistance Contract must be submitted at TAB #30. .
XVII. DEVELOPMENT TAX CREDIT RENTS:
List the maximum applicable affordable housing tax credit rents for the development location:
0-BDR.
1-BDR.
2-BDR.
3-BDR.
4-BDR
30% of Area Median Income 50% of Area Median Income 60% of Area Median Income
Development Affordability: Describe the procedures that will be used to ensure that the units remain affordable and occupied by low-income households for at least the required term of LIHTC or HOME Program Affordability.
XVIII. DEVELOPMENT INCOME
Tax Credit Units Not Supported by HOME Funds Total Number of Tax Credit Units: ____________ (DO NOT INCLUDE HOME ASSISTED UNITS – USE PAGE 11 FOR HOME ASSISTED UNITS)
# of Bedrooms
# of Units
% Area Median Income
(30/50/60)
Proposed Monthly
Net
Rent Per Unit
Monthly Utility
Allowance
Monthly Gross
Rent Per Unit Total Monthly
Income By Unit Type
Total Monthly Rental Income
Total Annual Rental Income
10
Units Receiving Project Based Rental Assistance: Separately indicate those units receiving project based rental assistance.
Market Rate Units Only Total Number of Market Rate Units: _____________
# of Bedrooms
# of Units
Proposed Monthly Rent
Total Monthly Rent By Unit Type
Total Monthly Rental Income
Total Annual Rental Income
11
HOME Assisted Units (Fill out Low HOME Rents and High HOME Rents Sections)
Low HOME Rents:
Low HOME Rents - at least 20% of the rental units assisted with HOME funds must have rents
no greater than the established Low HOME Rents. These are very low-income families. Low HOME Rents are defined as rents that are not greater than 30% of the adjusted gross income of a family whose income is 50% of the median income for the area (AMI), adjusted for unit size. The Proposed Rents plus the HUD Utility Allowance for the unit cannot be greater than these rent limits for each bedroom size. HUD maximum income limits can be found at ADFA's website: http://www.arkansas.gov/adfa/HOME%2008/2008%20HOME%20Program%20Income%20and%20Rent%20Limits.pdf.
HUD maximum LOW HOME and HIGH HOME rents can be found at ADFA's website: http://www.arkansas.gov/adfa/HOME%2008/2008%20HOME%20Rent%20Limits.pdf
# of Bedrooms
# of Units
% Area Median Income (30/50)
Proposed Monthly Net
Rent Per Unit
Utility Allowance
Proposed Monthly Gross
Rent Per Unit
(cannot exceed HUD Maximum LOW
HOME rent)
Maximum LOW HOME
Rent
Total Monthly Income By Unit Type
Units Receiving Project Based Rental Assistance:
Separately indicate those units receiving project based rental assistance which increases rents beyond HOME/LIHTC limits.
Total Monthly Rental Income
Total Annual Rental Income
High HOME Rents: High HOME Rents - up to 80% of HOME-assisted rental units may have High HOME Rents. Higher HOME rents are defined as units with rents the lesser of (1) the existing Section 8 Fair Market Rents (FMR) or (2) 30% of the annual gross income of a family whose income equals 65% of the median income for the area, adjusted for unit size.
Refer to the Rent Limits for your area provided in the website listed above and compare the FMR number and the 65% figure. Write the lower of these two numbers in the last column above for each bedroom size. Your Proposed Rent plus the Utility Allowance for the unit cannot be greater than this rent limit for each bedroom size.
# of Bedrooms
# of units
Proposed Monthly Net
Rent Per Unit Utility
Allowance Proposed Monthly
Gross
Rent Per Unit (cannot exceed HUD
Maximum HIGH rent)
Maximum HIGH HOME Rent
Total Monthly Income By Unit Type
Total Monthly Rental Income
Total Annual Rental Income
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ALL APPLICANTS COMPLETE THE FOLLOWING SECTION:
Total Annual Gross Rent Income:
Tax Credit Rent Annual Gross Income
Fair Market Rent Annual Gross Income Low HOME Rent Annual Gross Income High HOME Rent Annual Gross Income Additional Rent Annual Gross Income (From Additional Pages 9 - 11, if any)
TOTAL RENTAL INCOME
XIX. ANNUAL EXPENSE INFORMATION
Annual Expenses
(Complete this section listing the annual operating expenses for all the units).
Annual Development Income 1. Annual Gross Rental Income
2. Vacancy Factor of
3. Annual Effective Gross Residential Income (1 - 2)
4. Annual Laundry Income
5. Annual Vending Income
6. Annual Late Fees
7. Annual Interest Income
8. Annual Non-refundable Pet Fee
9. Interest Income-reserve
10. Lease Cancellation Fee
11. Deposit Forfeitures
12. Application Fee Income
13. Annual Other Income
14. Annual Effective Other Income (4 + 5 + 6 + 7 + 8 + 9 + 10 + 11+12+13)
Total Annual Effective Income (3+14)
Operating Expense Budget - Yearly Estimate 1. General and Administrative
Advertising & Marketing __________ Management Fee __________
Percent of Effective Gross Residential Income ____ Administrative __________ Legal __________ Accounting __________ Office Supplies __________ Credit Investigations __________ Leasing Fees __________ Other __________ TOTAL ADMINISTRATIVE COSTS __________
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2. Payroll Related Administrative Payroll __________ Maintenance Payroll __________ Workman s Compensation __________ Health Insurance __________ Payroll Taxes __________ Other Fringe benefits __________ TOTAL PAYROLL __________
3. Maintenance Decorating __________ Pool __________ Exterminating __________ Repairs __________ Security __________ Ground Expenses __________ Building Supplies __________ Other __________ TOTAL MAINTENANCE COSTS __________
4. Operating Fuel (heating and hot water) __________ Lighting & Misc. Power __________ Water/Sewer __________ Trash Removal __________ Janitorial __________ Telephone __________ Other __________ TOTAL OPERATING COSTS __________
5. Taxes and Insurance Real Estate Taxes __________ Insurance __________ Other Taxes, Licenses, Fees __________ TOTAL TAXES AND INSURANCE __________
6. TOTAL Annual Expenses: Total __________ Per Unit ________
7. Replacement Reserves _____________*
8. Net Operating Income (NOI) _____________
9. 1st Mortgage Debt Service: (Source)_____________ _____________
10. 2nd Mortgage Debt Service: (HOME Funds) _____________
11. Other Debt Service: (Source)__________________ _____________
12. Other Debt Service: (Source)__________________ _____________
13. Total Debt Service _____________
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14. Cash Flow $_____________
15. Total HOME Loan Amount $_____________
16. Owner Equity $_____________
Ratios
Debt Coverage Ratio (DCR) _______________ (cannot be less than 1.10)
Fourth year DCR as indicated on Pro Forma when HOME Loan Deferred _______________
HOME Loan to Value Ratio _______________%
Formulas
Net Operating Income (Item 8 above) divided by Total Debt Service (Item 13 above) = Debt Coverage Ratio (DCR)
When HOME Loan Deferred to Fourth year, DCR cannot be less than 1.10 HOME Loan percent of development appraised value = HOME Loan to Value Ratio
Operating Reserves
$__________________________________* (No less than 4 months of the sum of: (a) projected annual operating expenses, (b) annual debt service payments and (c) annual replacement reserve deposits)
* ________________________________________________________
________________________________________________________
________________________________________________________ (Name and Address of Financial Institution Where Held)
Annual Expense/Income Information Verification
_____________________________________________________________________ CERTIFIED CORRECT (Applicant or Authorized Representative) DATE
______________________________________________________________________________________________________ ADFA APPROVAL (ADFA Approval Official) DATE
________ Check if all commitment letters are enclosed from lending/financing sources
All Applicants must complete the Pro Forma, Attachment C, and attach at TAB #18.
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XX. SOURCE OF FUNDS (GRANTS AND OTHER FUNDS)
Is any portion of the source of funds for the development financed directly or indirectly with federal, state or local government funds? Yes______ No________
If yes, then check the type and list the amount.
_____Tax-Exempt Bond Estimated Net Proceeds $ ___________
______ HOME Funds Match (see below) $____________
_____CDBG Financing $ ___________ _____ CDBG Grant $ ____________
_____ Federal Home Loan Bank*
$ ___________ _____ UDAG Grant/ Financing
$ ____________
_____ HODAG Financing $ ___________ _____ HODAG Grant $ ____________
_____ USDA 515 Financing $ ___________ _____ State Grant $ ____________
_____ Rental Rehabilitation Grant Funding
$ ___________ _____ Local Grant $ ____________
_____ HOME Funds $ ___________ _____ Other $ ____________ *Not a federal subsidy if from Affordable Housing Program
Each applicant for HOME funds will be required to meet a 12.5% non-federal matching requirement. Applicants must structure their proposals based on the 12.5% matching requirement and submit Attachment M, which is an itemization of all proposed match requirements and include in TAB #48.
XXI. CREDIT ENHANCEMENT OR PRIVATE PLACEMENT
(For Tax-Exempt Bond Applicants Only)
Principal Amount of Bonds Requested for Reservation $ _________________________________
Will the permanent financing have any type of credit enhancement? Yes_________ No_________
If yes, list type of enhancement(s): _____________________________________________________
If not, attach an Investor Letter from the Qualified Investor as defined in IX(F) of the 2009 Guidelines for Allocating Tax-Exempt Multi-Family Private Activity Volume Cap.
If Tax-Exempt financing is used, list the percentage of the tax-exempt financing to the total cost of development: ___________%
XXII. NOTIFICATION OF LOCAL OFFICIAL
(Provide a letter from the highest elected official in which the development shall be located stating that he or she approves of the development and include in TAB #9.)
Name of Jurisdiction: ___________________________________________________________
Name of Highest Elected Official: _________________________________________________
Title: ________________________________________________________________________
Address: ______________________________________________________________________
City, State & Zip: ______________________________________________________________
Telephone: (______) ____________________________________________________________
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XXIII. SOURCE OF FUNDS (CONSTRUCTION AND PERMANENT FINANCING
Construction Financing Information:
SOURCE OF FUNDS, CONTACT PERSON ANDTELEPHONE NUMBER
AMOUNT OF FUNDS
1. $
2. $
3. $
4. $
TOTAL SOURCE OF FUNDS FOR CONSTRUCTION $
Permanent Financing Information:
NAME OF LENDER OR SOURCE, CONTACT PERSON AND TELEPHONE NUMBER
AMOUNT OF FUNDS
INTEREST RATE
AMORT. PERIOD
(MONTHS)
LOAN TERM
(MONTHS)
ANNUAL DEBT SERVICE
First Mortgage
%
HOME (Second Mortgage)
%
Third Mortgage
%
Proceeds from Federal Low-Income Housing Tax Credits
Proceeds from State Low-Income Housing Tax Credits
Proceeds from Historic Tax Credits
Deferred Developer Fee %
Other (Describe) %
Totals
Attach copies of financing commitment letters or letters of interest from EACH FUNDING SOURCE listed above at TAB #4.
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XXIV. DEVELOPMENT COSTS
Eligible Basis by Building Type
ITEMIZED COST
COSTS*** SUPPORTED
BY HOME FUNDS
OTHER COSTS
TOTAL
ACTUAL COST
EXISTING BUILDINGS ELIGIBLE
BASIS 4% LIHTC
NEW BUILDINGS ELIGIBLE
BASIS 4% or 9% LIHTC
To Purchase Land & Buildings Purchase of Land Purchase of Existing Structures Other: Other: Site Work Site Work On-Site Infrastructure Improvement Off-Site Infrastructure Improvement Demolition Other: Rehabilitation & New Construction New Building Rehabilitation Accessory Building General Requirements ≤ 7% Contractor Overhead ≤ 4% Contractor Profit ≤ 10% Other: Other: Contingency Construction Contingency Soft Costs Contingency Other: Architectural, Engineering & Legal Fees Architect Fee – Design Architect Fee – Supervision Engineering Fees Attorney Fees Other Fees: Other Fees: Other Fees: Other Fees: Other Fees: Interim Costs Construction Insurance Construction Interest Construction Loan Origin. Fee Construction Loan Credit Enhancement
Real Estate Taxes Other: Financing Fees and Expenses Bond Premium Credit Report Permanent Loan Origin. Fee Permanent Loan Credit Enhancement
Cost of Issue/Underwriters Discount
Title and Recording Bond Counsel's Fee Other: Other: Other:
Subtotal
*** Break out HOME Fund assistance from Total Actual Cost.
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Eligible Basis by Building Type
ITEMIZED COST
COSTS*** SUPPORTED BY
HOME FUNDS
OTHER COSTS
TOTAL
ACTUAL
COST
EXISTING
BUILDINGS
ELIGIBLE
BASIS
4% LIHTC
NEW
BUILDINGS
ELIGIBLE
BASIS
4% or 9% LIHTC
Soft Costs
Property Appraisal Market Study Environmental Report Tax Credit Fees
Compliance/Monitoring Fee
Lease-Up Expense & Marketing
Other: Other: Syndication Costs
Organizational (Partnership)
Bridge Loan Fees & Expenses
Tax Opinion
Other:
Other:
Developer and Consultant Fees
Developer's Fee: Developer’s Overhead: Consultant’s Fee: Other: Other: Development Reserves
Replacement Reserve
Operating/Lease-up Reserve
Other Reserve:
Other Reserve:
Subtotal Subtotal from previous page
Total
Less portion of federal grant used to finance qualifying development cost.
List grants______________
Less amount of non-qualified non-recourse financing
Less amount of non-qualified units of higher quality
Less non-qualifying excess portion of higher quality units
Less Historic Tax Credit (Residential Portion Only)
Net Eligible Basis
30% Adjustment for high cost area (QCTs and DDAs)
Total Eligible Basis
Multiplied by the Applicable Fraction
Total Qualified Basis
Multiplied by Applicable Percentage
ANNUAL FEDERAL TAX CREDITS REQUESTED
TOTAL
ANNUAL FEDERAL TAX CREDITS REQUESTED
STATE TAX CREDITS REQUESTED (20% OF FEDERAL)
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PLEASE NOTE: The actual amount of credit for the development is determined by the Housing Credit Agency. If the development is eligible for Historic Tax Credit, include a complete breakdown of the determination of eligible basis for the Historic Credit with the application.
(For HOME Applicants) Submit the following to support this proposed budget: copies of general contracts, estimates or sworn statements at TAB #37.
*When used for new construction, HOME funds may be used to fund an initial operating deficit reserve, which is a reserve to meet any shortfall in development income during the period of development rent-up (not to exceed 18 months) and which may only be used to pay operating expenses, reserve for replacement payments and debt service. Any HOME funds placed in an operating deficit reserve that remain unexpended when the reserve terminates must be returned to the Authority.
XXV. SYNDICATION INFORMATION
(Provide information below concerning syndication and estimated proceeds from sale of Housing Credits and State Housing Credits if utilizing as source of funds)
Annual allocation amounts for:
Federal Low-Income Housing Credits $____________________ State Low-Income Housing Credits $____________________ Historic Rehabilitation Tax Credits $ ____________________
Total Tax Credit Equity expected to be raised: $
Type of Offering: Type of Investor: _____Public _____Individuals _____Private _____Corporations
Name of Tax Credit Fund:________________________________________________________
Equity/Syndicator Entity:
Name:
Contact:
Address:
City, State, Zip Code:
Phone/Fax #: /
Describe when equity will be paid into the development (i.e. at time of what events) and how much will be paid in at each event:
EVENT
AMOUNT OF TAX CREDIT EQUITY PAID
TO THE DEVELOPMENT
$
$
$
$
20
XXVI. NON-PROFIT DETERMINATION Articles of Incorporation and IRS documentation of status must be attached with Application at Tab #13. Pursuant to Section 42(h)(5) of the Internal Review Code, the non-profit organization involved in the development must: (1) own an interest in the development; (2) must materially participate in the development and operation of the development throughout the compliance period; and (3) not be affiliated with or controlled by a for-profit organization. Within the meaning of IRC 469(h), "a (nonprofit) shall be treated as materially participating in an activity only if the (nonprofit) is involved in the operations of the activity on a basis which is regular, continuous, and substantial."
___ 501(c)(3) Organization ___ 501(c)(4) Organization ___ Exempt from tax under Section 501(a) ___ Exempt purposes, as stated in Articles of Incorporation,
include fostering of Low-Income Housing
___ Complies with IRS Revenue Procedure 96-32
(1) Identify the ownership interest in the development by the non-profit organization involved: (2) Submit at TAB #13, an original, signed statement from an authorized official of the non-profit
organization stating that the non-profit organization is not affiliated with or controlled by a for-profit organization.
(3) Submit at TAB #13, an original, signed statement from an authorized official of the non-profit
organization that details the non-profit organization’s participation in the development and operation of the development, how that participation will be “regular, continuous, and substantial” and how it will be maintained throughout the compliance period.
(4) Submit at TAB #13, a list the names of Board Members for the non-profit organization. (5) Submit at TAB #13, a list of all paid, full time staff and sources of funds for annual operating expenses
and current programs.
(HOME APPLICANTS COMPLETE THE FOLLOWING) Federal Labor Standards (Davis-Bacon):
If the development to be constructed/rehabilitated contains 12 or more HOME assisted units, the federal labor standards provisions regarding the payment of prevailing wage rates as determined by the Department of Labor apply.
Contractor Licensing:
Must have contractor licensed by State for developments over twenty thousand dollars ($20,000). (Copy of License must be included at TAB #35)
Does the general contractor have experience? Yes _______ No _______
Special Needs Populations:
Identify any development features designed to serve populations with special housing needs, including persons with disabilities, the elderly or large families (units with 3 or more bedrooms). This could include design features, occupancy preferences, etc.
Building and Energy Standards:
Describe the construction and energy standards that will be used for the development. Upon completion, all units must meet Section 8 Housing Quality Standards or local codes, if applicable. Development costs greater than $25,000/unit must meet all local codes, rehabilitation standards, zoning ordinances, and the Cost Effective Energy Standards (24 CFR Part 39). New construction developments must meet all local codes, building standards, zoning ordinances, and the Model Energy Code published by the Council of American Building Officials and the State Energy Code.
21
XXVII. DEVELOPMENT TEAM INFORMATION
At Tab # 11, each development team member must submit a cover letter describing its participation in the development along with a copy of its resume listing qualifications, experience, previous experience with the low-income housing tax credit program, address and telephone number. The development team member with the requisite minimum experience must identify the development and describe its role in achieving the minimum experience. In addition, the applicant, consultant, and each development member must separately complete and execute Attachment A, the “Criminal Background and Disclosure Form – Housing”, and submit at Tab #12.
For HOME Applicants: The Owner’s financial statements, including income statements and balance sheets, must be provided.
DEVELOPER:___________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
CONSULTANT:__________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
ARCHITECT:___________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
CONTRACTOR:_________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
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MANAGEMENT COMPANY:________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
TAX ATTORNEY:________________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
BOND ATTORNEY:______________________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
ACCOUNTING/CPA CONSULTANT:_________________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
ENERGY CONSULTANT/AUDIT FIRM: _______________________________________________________
*Contact Person:_______________________________________________________________________
Address:________________________________ City:___________________________________
State:__________ Zip Code:_______________ Email Address:_________________________________
Phone Number:__________________________ Fax Number:____________________________
23
APPLICATION PREPARER:________________________________________________________________ *Contact Person:_______________________________________________________________________ Address:________________________________ City:___________________________________ State:__________ Zip Code:_______________ Email Address:_________________________________ Phone Number:__________________________ Fax Number:____________________________ *Contact person for all ADFA correspondence and contact regarding this development. Please list any direct or indirect, financial or other interest a member of the development team may have with another member of the development team. List "NONE" if there are no identity of interest. ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________
XXVIII. DEVELOPMENT TIMELINE Fill in completion or anticipated completion dates for all development tasks listed. Make sure the dates are realistic.
Task Completion Date
SITE/DEVELOPMENT START UP Option/Contract Site Acquisition Zoning Approval Plans and Bid Specs Site Analysis Initial Closing (HOME Applicants) Closing and Transfer of Property FINANCING Construction Loan Loan Application Conditional Commitment Firm Commitment Permanent Loan Loan Application Conditional Commitment Firm Commitment Other Loans and Grants (Type/Source) Application Award
24
CONSTRUCTION/IMPLEMENTATION Construction Contract Awarded Pre-Construction Conference Construction starts Stage 1 completed Stage 2 completed Stage 3 completed Marketing Begins Construction Completed Occupancy/Rent-up Begins Full Occupancy Obtained Tax Credit Placed in Service Date EXPENDITURE OF FUNDS 25% 50% 75% 100%
XXIX. APPLICATION & OTHER FEES Regardless of the funding decisions, the application fees are non-refundable. The Application fee must be included with the Application at Tab # 2. Make all checks payable to: ARKANSAS DEVELOPMENT FINANCE AUTHORITY LIHTC Applicants Only: ________ Developments, four (4) units or less $300.00 ________ Non-Profit Sponsor [more than four(4) units] $300.00 ________ For Profit Owner [more than four (4) units] $500.00 Reservation Fee: A Reservation Fee equal to $100.00 per low-income housing tax credit unit will be required at time of reservation. Allocation Fee An Allocation Fee equal to $100.00 per low-income housing tax credit unit will be required at time of the allocation of credits. Monitoring Fee A one-time fee of eight percent (8%) of the actual total annual allocation of low-income
housing tax credits will be required prior to the issuance of IRS Forms 8609. Overpayments will not be refunded.
Tax-Exempt Multi-Family Volume Cap _________ All Developments $500.00 See additional fees outlined in the 2009 Guidelines for Reserving Volume Cap for Tax-Exempt Private Activity Bonds for Residential Rental Housing
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XXXI. SIGNATURE PAGE
LIHTC/Tax Exempt Bond Applicants
The undersigned, hereinafter referred to as “Applicant,” is responsible for ensuring that the development represented in this Application is or will be a qualified low-income housing project as defined in Section 42 of the Internal Revenue Code and will comply with all applicable requirements of Section 42 of the Internal Revenue Code, all amendments thereto, all regulations promulgated thereunder, and all guidance published by the Internal Revenue Service, United States Department of Treasury and Department of Housing and Urban Development in the acquisition, rehabilitation, construction and operation of the Development.
Applicant is responsible for the accuracy of all representations made to Arkansas Development Finance Authority (“ADFA”), the Internal Revenue Service (“IRS”), the United States Department of Treasury (“Treasury”), and the Department of Housing and Urban Development (“HUD”). Applicant agrees to accept only the amount of federal low-income housing tax credits to which Applicant is legally entitled under the facts and circumstances represented by Applicant. ADFA has neither responsibility nor liability for determining Applicant’s eligibility for, or extent of eligibility for, claiming any federal or state low-income housing tax credit against tax liability in any year. Applicant acknowledges that, although ADFA is Arkansas’s allocating agency for federal low-income housing tax credits, ADFA is not Applicant’s legal counsel or tax advisor and has no fiduciary duty to the Applicant. Applicant certifies that in its preparation of this Application and planning of the Development represented herein, Applicant has not relied on any representation(s) made by ADFA or its agents except as set forth in ADFA’s Qualified Allocation Plan, as amended.
Applicant warrants that the Development will be constructed in accordance with the representations contained in the application submitted for the Development, all Exhibits and Attachments to such Application. “Exhibits and Attachments” include but are not limited to the submitted Plans and Specifications and Attachment G. Any variance from such representations must be agreed to, in writing, prior to such variance, by ADFA. Applicant acknowledges that the Development must comply with the applicable Qualified Allocation Plan (“QAP”). Applicant warrants that the Development will be acquired, rehabilitated, constructed and operated in accordance with such QAP and all related guidance published by ADFA. Applicant hereby certifies that it will place the Development in service in accordance with all applicable Section 42 requirements.
Applicant hereby makes application to ADFA for one or more of the following, as set forth in the Application: federal low-income housing tax credits and/or tax credits with HOME Program funds. Applicant certifies that it has experience in and knowledge of all federal and state requirements of the programs for which it is applying herein. Applicant certifies that in addition to experience and knowledge of all applicable requirements under the stated programs, Applicant has the capacity to acquire, rehabilitate, construct, operate and maintain the Development in compliance with all applicable program requirements for the required affordability period. Applicant certifies that it will comply with all requirements set forth by Section 42 of the Internal Revenue Code, all Treasury notices and publications, regulations, all HUD notices and publications and all requirements set forth by ADFA. Applicant understands and agrees that Applicant has exclusive responsibility for compliance with all applicable program requirements whether or not specifically set forth in writing by ADFA. Applicant understands and agrees that, if awarded, the Development will be monitored by ADFA and noncompliance will be reported to all appropriate agencies, whether or not the requirement(s) for which the Development is found to be out of compliance were specifically set forth in writing by ADFA. Applicant accepts sole responsibility and liability for understanding and ensuring the Development’s compliance with all program requirements. Applicant understands and agrees that ADFA is neither Applicant’s legal advisor nor tax advisor and that ADFA has no fiduciary relationship with Applicant.
Applicant agrees that it shall indemnify and hold harmless ADFA, its officers, agents, directors and employees against all losses, costs, damages, expenses and liabilities of whatsoever nature and kind, including but not limited to: (A) any and all claims or losses for services rendered by any subcontractor, person or firm performing or supplying services, materials or supplies in connection with the approval or rejection, in whole or in part, of this Application; (B) any claims or losses resulting to any person or firm injured or damaged by the erroneous, willful or negligent acts or omissions, including disregard of Federal, State, and local statutes or regulations, by Applicant, its officers, employees or subcontractors in the submission of this Application and all related submitted material; (C) any and all claims or losses arising from the Applicant’s award or lack of award of tax credits, HOME funding, construction and operation of the Development; (D) any and all claims or losses arising from the award, distribution, monitoring and administration of tax credits and HOME funds to Applicant for which the Department of Housing and Urban Development and/or Department of Treasury seeks repayment, damages or other compensation from ADFA; (E) all attorneys’ fees and costs incurred by ADFA in defending any and all claims arising out of this Application, consideration of this Application, approval or rejection of this Application in whole or in part, disbursement of funds awarded, and administration of program requirements brought against ADFA by any person, entity or governmental body.
38
Applicant warrants that the Development will not be the subject of any application for relief pursuant to Section 42(h)(6)(I) of the Internal Revenue Code, i.e., that ADFA will have no duty or obligation to present a “qualified contract” to the taxpayer or owner of the Development as contemplated in Sections 42(h)(6)(E)(i)(II) and 42(h)(6)(F) of the Internal Revenue Code.
Applicant acknowledges that all information provided to ADFA in this Application and in connection with this Application, is public information and will not only be provided in part or in whole to agencies of the United States government but will also be subject to review by the public at any time.
Applicant warrants that it will cause all necessary documents to be executed in association of an award of any funds. Applicant acknowledges that such documentation will set forth all applicable requirements which may or may not have been set forth in this Application’s instructions or ADFA’s guidance and QAP. Applicant certifies that it is solely responsible for compliance with all federal and state requirements of the applicable programs whether or not set forth in the required documentation. Applicant further agrees that ADFA is not liable for omission or misstatement of any program requirement in the documentation that Applicant will be required to execute or cause to have executed. Applicant is responsible for obtaining its own legal counsel and tax advisor counsel.
The undersigned, after being duly sworn, hereby represents and certifies under oath that he or she is a duly authorized agent of the Applicant and that the foregoing statements, representations and information is true, complete and accurate to the best of his or her knowledge and belief.
IN WITNESS WHEREOF, the owner has caused this document to be duly executed in its name on the _____________ day of ______________________, 2010.
_________________________________________________ Legal Name of Owner – Printed
By: _____________________________________________ Signed Name
_____________________________________________ Title
Warning: 18 U.S.C. 1001 provides, among other things, that whoever knowingly and willingly makes or uses a document or writing containing any false, fictitious, or fraudulent statement or entry, in any matter within the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years or both.
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XXXI. CERTIFICATION
HOME Program Applicants
The undersigned is responsible for ensuring that the development complies with Title II of the National Affordable Housing Act of 1990, and the HOME Investment Partnerships Program regulations at 24 CFR Part 92. The undersigned is also responsible for ensuring that the development or program complies with administrative rules that the Arkansas Development Finance Authority (the “Authority”) may promulgate to govern the Program.
The undersigned hereby agrees that, to the greatest extent feasible, opportunities for training and employment arising in connection with the planning and implementation of any development under any program of the Authority shall be given to minority individuals and women.
The undersigned hereby agrees that, to the greatest extent feasible, and consistent with Arkansas and Federal Law, contracts for work to be performed in connection with any development funded by the Authority shall be made available and awarded to businesses, including but not limited to those in the fields of finance, consulting, design, architecture, marketing, construction, property management or maintenance, which are owned, in whole or in part, by minority individuals and/or women.
The undersigned hereby agrees that any development under any program of the Authority shall be affirmatively marketed and available for occupancy by all persons regardless of race, national origin, religion, creed, sex, age, handicap, or family status. The undersigned will document the actions taken to affirmatively further fair housing.
The undersigned hereby agrees that the implementation of any development under any program of the Authority shall minimize the involuntary displacement of low-income households. Your signature on this application indicates your receipt of this statement and your agreement to comply with the Authority’s non-displacement in housing policy. The undersigned further agrees to conform to the policy in every phase of the planning, implementation and operation.
Your signature will indicate your receipt of this statement and agreement to comply with the Authority’s equal employment opportunity and non-discrimination policies.
Your signature will also indicate your understanding that the Authority’s willingness to issue a commitment to you for HOME Program funds is conditioned upon your agreement to comply with these policies.
The undersigned, as an essential part of the application for allocation for HOME Program funds hereby certifies that the information contained herein is true to the best of the undersigned’s knowledge and belief. Falsification of information supplied in this application may disqualify the development for HOME Program funds. The information given by the undersigned may be subject to verification by the Authority.
The undersigned hereby agrees that the undersigned is legally able to operate in the State of Arkansas and that the undersigned is in good standing with the Arkansas Secretary of State.
The undersigned has caused this document to be duly executed in its name on this _______ day of ______________, 20____.
_________________________________ By:_____________________________________ Legal Name of Applicant Signed Name
_____________________________________ Title
27
REQUIRED FORMS
FORMS FOR ALL APPLICANTS TO COMPLETE: Criminal Background and Disclosure Form – Housing ....................... A Environmental Checklist ...................................................................... B Pro Forma ............................................................................................. C Section 106 Clearance Letter Instructions ........................................... D Building and Unit Designation ............................................................. E Conflict of Interest Acknowledgement ................................................ F-1 Contract and Grant Disclosure and Certification Form ....................... F-2 Multi-Family Housing Minimum Design Standards Checklist ........... G FORMS FOR HOME PROGRAM APPLICANTS: Standard Form 424 ............................................................................... H Affirmative Fair Housing Marketing Plan ........................................... I Minority & Women Business Enterprises Plan .................................... J Request for Taxpayer ID Number & Certification (W-9) .................... K Attachment Reserved for Future Use ................................................... L HOME Program Match Requirements ................................................. M ADFA Form 4000-98 ........................................................................... N Homeownership Assistance/ Rental Housing Development Set-Up ........................................... O HOME Unit Breakdown ....................................................................... P
ATTACHMENT A
CRIMINAL BACKGROUND and DISCLOSURE FORM - HOUSING
See ADFA Website
31
ATTACHMENT B ENVIRONMENTAL CHECKLIST and ENVIRONMENTAL ASSESSMENT CHECKLIST
Statutory Checklist Pg. 1
Federal Laws and Authorities listed at Sec. 58.5
Development Name : _______________________________________________________________________________________________
Development Type:
Area of Statutory or Regulatory Compliance
Not
Appli
cable
to T
his P
rojec
t
Con
sulta
tion R
equir
ed*
Rev
iew R
equir
ed*
Per
mits
Requ
ired*
Dete
rmina
tion o
f con
sisten
cy
App
rova
ls, P
ermi
ts Ob
taine
d*
Con
dition
s and
/or M
itigati
on
Acti
ons R
equir
ed
Provide compliance documentation. Additional material may be attached.
Historic Properties
Floodplain Management
Wetlands Protection
Coastal Zone Management
Water Quality - Aquifers
Endangered Species
Wild and Scenic Rivers
Air Quality
Farmlands Protection
Manmade Hazards:
Thermal/Explosive
Noise
Airport Clear Zones
Toxic Sites
Environmental Justice
32
Statutory Checklist Pg. 2
Federal Laws and Authorities listed at Sec. 58.6 and
Permits, Licenses, Forms of Compliance Under Other Laws - Federal, State and Local
Development Name: _______________________________________________________________________
Other Areas of Statutory and Regulatory Compliance Applicable to Project
Not
App
licab
le to
Thi
s Pr
ojec
t
Con
sulta
tion
Req
uire
d*
Rev
iew
Req
uire
d*
Perm
its R
equi
red*
Det
erm
inat
ion
of c
onsi
sten
cy
Appr
oval
s, P
erm
its O
btai
ned*
Con
ditio
ns a
nd/o
r Miti
gatio
n
Actio
ns R
equi
red
Provide compliance documentation. Additional material may be attached.
Federal Requirements
Flood Insurance - 58.6(a)
Coastal Barriers - 58.6(b)
Airport Clear Zone Notification - 58.6(c)
Water Quality
Solid Waste Disposal
Fish and Wildlife
State or Local Statutes (to be added by Responsible Entity)
Prepared by:
Signature Date
Printed Name Title
Comments:
Approved by:
Signature Date
Printed Name Title
33
Environmental Assessment Checklist P. 1 Development Name: _________________________________________________________________
1 2 3 4 5 6 7
Impact Categories
No
Impa
ct A
ntic
ipat
ed
Pote
ntia
lly B
enef
icia
l
Pote
ntia
lly A
dver
se R
equi
res
Doc
umen
tatio
n O
nly
Pote
ntia
lly A
dver
se R
equi
res
Mor
e St
udy
Nee
ds M
itiga
tion
Req
uire
s Pr
ojec
t Mod
ifica
tion
Source or Documentation (Note date of contract or page
reference) Additional material may be attached
Land Development
Conformance with Comprehensive Plans and Zoning
Compatibility and Urban Impact
Slope
Erosion
Soil Suitability
Hazards and Nuisances, including Site Safety
Energy Consumption
Noise
Effect of Ambient Noise on Project and Contribution to Community Noise Level
Air Quality
Effects of Ambient Air Quality on Project and Contribution to Community Pollution Levels
Environmental Design and Historic Values
Visual Quality--Coherence, Diversity, Compatible Use, and Scale
Historic, Cultural, and Archeological Resources
34
Environmental Assessment Checklist P. 2
Development Name: _________________________________________________________________
1 2 3 4 5 6 7
Impact Categories
No
Impa
ct A
ntic
ipat
ed
Pote
ntia
lly B
enef
icia
l
Pote
ntia
lly A
dver
se R
equi
res
Doc
umen
tatio
n O
nly
Pote
ntia
lly A
dver
se R
equi
res
Mor
e St
udy
Nee
ds M
itiga
tion
Req
uire
s Pr
ojec
t Mod
ifica
tion
Source or Documentation (Note date of contract or
page reference) Additional material may be attached
Socioeconomic
Demographic/Character Changes
Displacement
Employment and Income Patterns
Community Facilities and Services
Educational Facilities
Commercial Facilities
Health Care
Social Services
Solid Waste
Waste Water
Storm Water
Water Supply
35
Environmental Assessment Checklist P. 3 Development Name:
1 2 3 4 5 6 7
Impact Categories
No Im
pact
Antic
ipated
Poten
tially
Ben
eficia
l
Poten
tially
Adv
erse
Req
uires
Do
cume
ntatio
n Only
Poten
tially
Adv
erse
Req
uires
Mo
re S
tudy
Need
s Mitig
ation
Requ
ires P
rojec
t Mod
ificati
on
Source or Documentation (Note date of contract or page reference) Additional material may be attached
Public Safety: Police
Public Safety: Fire Protection
Public Safety: Emergency Medical
Open Space
Recreation
Cultural Facilities
Transportation
Natural Features
Water Resources
Surface Water
Floodplains
Wetlands
Coastal Zone
Unique Natural Features and Agricultural Lands
Vegetation and Wildlife
36
Environmental Assessment Checklist P. 4
Development Name: _________________________________________________________________
Summary of Findings and Conclusions:
Summary of Environmental Conditions:
Development Modifications and Alternatives Considered:
Additional Studies Performed: (Attach study or summary)
Mitigation Measures Needed:
37
Environmental Assessment Checklist P. 5 Development Name: _________________________________________________________________ Conclusions: 1. Is development in compliance with applicable laws and regulations? Yes No 2. Is an Environmental Impact Statement required? Yes No 3. Can a Finding of No Significant Impact (FONSI) be made? (Development will not significantly affect the quality of the human environment.) Yes No This Environmental Assessment was prepared by: NAME _______________________________________________ Signature _____________________________________
Typed Name Title
Date: Additional Notes:
38
ATTACHMENT C PRO FORMA
ALL APPLICANTS MUST COMPLETE THE FOLLOWING:
1. Percentage of annual effective income increase _________ 2. Percentage of annual expense increase _________
11 12 13 14 15 16 17 18 19 20 Annual Effective Income ¹
less Annual Expenses ²
less Replacement Reserves
Net Operating Income (NOI)
less 1st Mortgage Debt Service
less 2nd Mortgage Debt Service (HOME)
less Other Debt Service
less Other Debt Service
Cash Flow After Debt Service
less Deferred Developer Fee
Underwriting Cash Flow
1 2 3 4 5 6 7 8 9 10 Annual Effective Income ¹
less Annual Expenses ²
less Replacement Reserves
Net Operating Income (NOI)
less 1st Mortgage Debt Service
less 2nd Mortgage Debt Service (HOME)
less Other Debt Service
less Other Debt Service
Cash Flow After Debt Service
less Deferred Developer Fee
Underwriting Cash Flow
39
ATTACHMENT D
INSTRUCTIONS FOR OBTAINING A
SECTION 106 CLEARANCE LETTER and
FISH and WILDLIFE SERVICE CLEARANCE LETTER
The applicant must include a Section 106 Clearance Letter and a Fish and Wildlife Service Clearance Letter, or proof of application for such letters, regarding the proposed development site with submission of the application. The purposes of the clearance letters are to ensure, respectively: (1) the proposed site does not have architectural, historical or archeological significance that could delay or interfere with the proposed development, and (2) the proposed development is not likely to adversely affect threatened or endangered species or be located within 1 mile of a listed Wild and Scenic River or affect the natural, free flowing or scenic qualities of a National Wild and Scenic Rivers’ system river. Such letters must be obtained and submitted to the Authority by the earlier of: Carryover Allocation deadline of December,10, 2010 or placement in service allocation.
Each letter must include the following information:
1. A 7.5 minute 1:24,000 scale U.S.G.S. topographic map clearly delineating the development area.
2. Description of the Development detailing all aspects of the proposed development. 3. The location, age, and photographs of the site or structures (if any) to be renovated,
removed, demolished, or abandoned as a result of this development. 4. Photographs of any structures 50 years old or older on property directly adjacent to the
development area.
The letters should be addressed as follows:
Section 106 Letter
Fish and Wildlife Letter
Mr. George McCluskey Ms. Margaret Harney Senior Archeologist U.S. Fish and Wildlife Services The Department of Arkansas Heritage 110 S. Amity Road, Suite 300 1500 Tower Building Conway, Arkansas 72032 323 Center Street Little Rock, Arkansas 72201
The review will take approximately four (4) weeks. If you have any questions, you may contact Bruce Bokony at ADFA at 501.682.5927, George McCluskey at Dept. AR Heritage at 501.324.9880, or Margaret Harney at U.S. Fish and Wildlife Service at 501.513.4471.
40
ATTACHMENT E
Building and Unit Designation
PROPOSED BUILDING ADDRESSES; UNIT & INCOME DESIGNATIONS; and APPLICABLE FRACTIONS
List the proposed address for each building in the development
# LIHTC Total # Units of Units
# of Units Based Upon % Income Restriction 30% 40% 50% 60%
Applicable Fraction
%
%
%
%
%
%
%
%
%
%
41
ATTACHMENT F-1
CONFLICT OF INTEREST ACKNOWLEDGMENT
Arkansas Development Finance Authority has adopted the following conflict of interest policy:
1. The conflict of interest provisions apply to any person(s) who is an employee, agent or officer of ADFA. Persons listed here, during their tenure or for one (1) year thereafter, are prohibited from the following:
Self-dealings to get a development funded and completed. Gaining a financial interest or benefit from the participant development. Gaining a financial interest in a contract, subcontract or agreement.
2. No officer or employee of ADFA may occupy a participating development unit.
It is the policy of ADFA to prohibit the lending of ADFA allocated funds as well as the participation in the Single Family HomeToOwn program to ADFA employees or appointed officials.
If a conflict of interest arises or is in effect as of the date of adoption of this policy, immediately disclosure by the owner, developer, sponsor, ADFA employee, agent, officer, elected/appointed official to ADFA’s President is required so that the conflict can be discussed and possibly resolved.
As the owner/developer of a participant development funded by any program administered by ADFA, I hereby agree to comply with ADFA’s Conflict of Interest Policy as stated above.
Development Name:
Signature of Owner/Developer
Printed Name of Owner/Developer
__________________________ Date
42
ATTACHMENT F-2
CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM
Failure to complete all of the following information may result in a delay in obtaining a contract, lease, purchase agreement, or grant award with any Arkansas State Agency. SUBCONTRACTOR: SUBCONTRACTOR NAME:
Yes No
IS THIS FOR:
TAXPAYER ID NAME:
Goods?
Services?
Both?
YOUR LAST NAME: FIRST NAME: M.I.:
ADDRESS:
CITY: STATE: ZIP CODE: --- COUNTRY:
AS A CONDITION OF OBTAINING, EXTENDING, AMENDING, OR RENEWING A CONTRACT, LEASE, PURCHASE AGREEMENT,
OR GRANT AWARD WITH ANY ARKANSAS STATE AGENCY, THE FOLLOWING INFORMATION MUST BE DISCLOSED:
F O R I N D I V I D U A L S *
Indicate below if: you, your spouse or the brother, sister, parent, or child of you or your spouse is a current or former: member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee:
Position Held Mark (v)
Name of Position of Job Held [senator, representative, name of board/
commission, data entry, etc.]
For How Long? What is the person(s) name and how are they related to you? [i.e., Jane Q. Public, spouse, John Q. Public, Jr., child, etc.]
Current Former From
MM/YY To
MM/YY Person’s Name(s) Relation
General Assembly
Constitutional Officer
State Board or Commission Member
State Employee
None of the above applies
F O R A V E N D O R ( B U S I N E S S ) *
Indicate below if any of the following persons, current or former, hold any position of control or hold any ownership interest of 10% or greater in the entity: member of the General Assembly, Constitutional Officer, State Board or Commission Member, State Employee, or the spouse, brother, sister, parent, or child of a member of the General Assembly, Constitutional Officer, State Board or Commission Member, or State Employee. Position of control means the power to direct the purchasing policies or influence the management of the entity.
Position Held Mark (v) Name of Position of Job Held
[senator, representative, name of board/commission, data entry, etc.]
For How Long? What is the person(s) name and what is his/her % of ownership interest and/or what is his/her position of control?
Current Former From
MM/YY To
MM/YY Person’s Name(s) Ownership Interest (%)
Position of Control
General Assembly
Constitutional Officer
State Board or Commission Member
State Employee
None of the above applies
43
ATTACHMENT F-2
Contract and Grant Disclosure and Certification Form
Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency.
As an additional condition of obtaining, extending, amending, or renewing a contract with a state agency I agree as follows:
1. Prior to entering into any agreement with any subcontractor, prior or subsequent to the contract date, I will require the subcontractor to
complete a CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM. Subcontractor shall mean any person or entity with whom I enter an agreement whereby I assign or otherwise delegate to the person or entity, for consideration, all, or any part, of the performance required of me under the terms of my contract with the state agency.
2. I will include the following language as a part of any agreement with a subcontractor:
Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule, regulation, or policy adopted pursuant to that Order, shall be a material breach of the terms of this subcontract. The party who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the contractor.
3. No later than ten (10) days after entering into any agreement with a subcontractor, whether prior or subsequent to the contract date, I will mail a copy of the CONTRACT AND GRANT DISCLOSURE AND CERTIFICATION FORM completed by the subcontractor and a statement containing the dollar amount of the subcontract to the state agency.
I certify under penalty of perjury, to the best of my knowledge and belief, all of the above information is true and correct and that I agree to the subcontractor disclosure conditions stated herein.
Signature___________________________________________Title____________________________Date_________________
Vendor Contact Person________________________________Title____________________________Phone No._________
Agency use only
Agency Agency Agency Contact Contract Number______ Name_______________________ Contact Person________________ Phone No.___________ or Grant No.________
ATTACHMENT G
MULTI-FAMILY HOUSING MINIMUM DESIGN STANDARDS CHECKLIST
The following checklist must be completed by the Arkansas licensed architect identified as a member of the development team on page 29 of the Application. The purpose of this checklist is to assist ADFA to ensure that the development is in compliance with: (1) ADFA's "Multi-Family Housing Minimum Design Standards"; (2) all applicable local, state, and national building codes; and (3) all applicable federal and state accessibility and Fair Housing laws.
EACH ITEM MUST BE MARKED. Indicate the page within the Applicant's Plans or Specifications where the required criterion is identified. For rehabilitation developments only, if an energy audit ("EA") is performed or a waiver is requested ("WR") for a particular criterion, Applicant must ensure such energy audit or waiver request conforms to the requirements of the 2010 QAP and to Sections IV(B)(5) and V of the ADFA's "Multi-Family Housing Minimum Design Standards."
T HIS CHECKLIST, ALONG WITH ANY WAIVER REQUESTED, MUST BE INCLUDED AT TAB #14 OF THE
APPLICATION.
******************************************************************************* Plans' Specifications' Page or Page
Criterion
I. SITE SELECTION
____ Site within 100-year flood plain ____ Community participates in National Flood Insurance Program ____ Flood Insurance to be obtained throughout affordability period ____ Areas undergoing development raised at least 1' above flood plain _______
II. Drawings A. Site Plan: The following items must be shown
____ Scale: 1" = 40 feet or larger for typical units _______
____ North arrow _______
____ Location of existing buildings, utilities, roadways, _______
parking areas ____ Existing site/zoning restrictions, including setbacks,
rights of ways, boundary lines, wetlands, and flood plain _______
____ All proposed changes and proposed buildings, parking, utilities, and landscaping _______ _____________
____ Site topography _______
____ Finished floor height elevations and all new paving dimensions and elevations _______
____ Identification of all specialty apartments units, including, but not limited to, designated handicapped accessible and sensory impaired apartment units _______
____ Site accessibility design requirements _______
B. FLOOR PLANS
____ Scale: ¼" = l foot or larger _______
____ Rehabilitation developments – changes to existing structure shown _______
____ Room/space layout identifying each finished room/space _______
____ Gross sq. footage and net sq. footage for each type unit identified _______
____ Lead paint /asbestos removal procedures and location _______
Plans' Specifications'
Page
or Page
C. ELEVATIONS AND SECTIONS FOR NEW CONSTRUCTION
____ Scale: 1/8" = 1 foot or larger _______
____ Building elevations for all sides of each building _______
____ Identifies all materials to be used on building exteriors
and foundations _______
III. OUTLINE SPECIFICATIONS
____ Provides brief description of each specification as required
IV. BUILDING DESIGN
A. GENERAL BUILDING STANDARDS
1. Community Laundry
____ 1 washer and 1 dryer for every 10 units in the development _______
____ 1 washer and 1 dryer per 15 units-washer and dryer connections _______
____ 1 washer and 1 dryer in development – washer and dryer furnished _______
2. Senior or Assisted Living
____ All units located at grade level or on elevator accessible floor _______
3. Access road, parking spaces, curbing, and sidewalks
____ Continuous asphalt or concrete paved access road _______
____ Family – 7 spaces for every 4 units, inclusive of handicap spaces _______
____ Senior – 5 spaces for every 4 units, inclusive of handicap spaces _______
____ All parking areas must be asphalt or concrete _______
____ All paved areas are concrete curbed _______
____ All driveways on single-family detached homes must be concrete _______
____ Sidewalk access to all parking spaces must be provided _______
____ All sidewalks and walkways must be concrete and = 5 feet wide _______
____ Applicable handicap spaces per ADA Accessibility Guidelines (Section 4.1.2) _______ _____________ 4. Single Family Detached Units
____ At least 3 bedrooms with 2 bathrooms and attached single car garage _______
____ Washer and dryer connections in the living area B. MINIMUM BUILDING STANDARDS
1. Minimum Unit Net Area Requirements
____ Not applicable because development is: RD or Existing rental units or Assisted Living
Unit Type Number of Bathrooms
Minimum Unit Net Area*
Minimum Bedroom Net Area
1 bedroom 1 750 sq. ft. 120 sq. ft.
2 bedroom 1.5 950 sq. ft. 120 sq. ft.
3 bedroom 2 1150 sq. ft. 120 sq. ft.
4 bedroom 2 1300 sq. ft. 120 sq. ft.
*Unit areas do not include outside storage, covered porches, patios,
balconies, etc.
Plans' Specifications'
Page
or Page
2. Exterior Building Standards
a. Exterior covering - new construction
____ Brick _______
____ Vinyl siding _______
____ .042" minimum thickness _______
____ 50 year transferable warranty _______
____ Cementitious siding _______
____ 8" brick or decorative block apron _______
b. ____ Vinyl or aluminum prefinished fascia and vented soffit _______
c. Entry doors ____ Metal-clad wood or hollow metal construction _______
____ Peephole(s) _______
____ Dead bolt locks with interior "thumb latch" _______
____ 34" minimum clear opening width _______
____ Sliding glass doors are prohibited _______
d. Roofing materials ____ Anti-fungal _______
____ 235 seal tab shingles _______
____ 15 lb. or greater felt paper _______
____ Metal roof with a minimum 25-year warranty _______
e. Gutters and downspouts ____ 5" gutter _______
____ 2"x3" downspouts _______
____ Concrete splash blocks or piped to appropriate drain _______
f. ____ Roof gable vents made of aluminum or vinyl _______
g. ____ Attics must be vented _______
h. Primary entries ____ Breezeway or minimum roof covering of 5' deep by 5' wide _______
____ Entry pads of 5' by 5' with minimum slope of ¼ " per foot _______
i. ____ Breezeways functioning as fire exits constructed of concrete _______
j. ____ Exterior shutters required on all 100% vinyl siding building(s) _______
k. ____ Exterior stairway, porch and patio components made of non-combustible materials _______
l. ____ Exterior lighting exists at all entry doors _______
m. Landscaping ____ All disturbed areas are sodded _______
____ Six one-gallon shrubs per unit and one 1½ " tree for every 2 units _______
____ A development sign with Fair Housing logo _______
____ At least one enclosed dumpster _______
n. Concrete curbing ____ Concrete curbing along all paved areas, including
parking areas _______ ____________
Plans' Specifications'
Page
or Page
o. Sidewalk Access
____ Provided to all parking spaces _______ ____________
p. Parking, Sidewalks and Driveways ____ Parking is asphalt or concrete _______ ____________ ____ Sidewalks or walkways concrete and at least
five feet wide _______ ____________ ____ All driveways on single family homes are concrete _______ ____________
3. Interior Building and Space Standards
a. Kitchen Spaces ____ Each unit equipped with readily accessible dry chemical
fire extinguisher _______
____ New cabinets have dual sidetrack drawers _______
____ A 1'6" x 1'6" deep with 5 shelve minimum pantry closet _______
b. Bathroom Spaces ____ Tub/shower units are 30" width by 60" length minimum _______
____ Senior and Assisted Living – equipped with anti-scald valves _______
____ Water closets centered 18" from sidewalls/vanities _______
c. ____ Hallways have minimum of 36" width _______
d. ____ Interior doors intended for passage have minimum clear opening with of 34” _______
e. ____ Overhead lighting is in each room _______
f. ____ Hard-wired, battery backed smoke detector per floor of unit _______
g. ____ A carbon monoxide detector in each unit that utilizes gas _______
4. Plumbing and Mechanical Equipment
a. ____ Not located in attic spaces _______
b. ____ Located in mechanical closets with insulated walls _______
c. ____ Gas WHs located in individual, separate mechanical closet _______
d. ____ WHs placed in drain pans that are plumbed to outside _______
e. ____ HVAC refrigeration lines are insulated _______
5. Energy Efficient Systems, Insulation and Equipment
a. ____ Ceiling fans installed in each bedroom and living room _______
b. ____ Shower heads flow rate = 2.5 gallon per minute _______
c. ____ Hot water pipes wrapped with ½ " insulation _______
d. ____ Water piping in attic or exterior walls is insulated _______
e. ____ Fluorescent light fixtures in kitchen, bathrooms and utility _______
f. ____ Exterior wall insulation with minimum R-16 rating _______
g. ____ Roof or attic insulation with minimum R-38 rating _______
h. ____ Exterior house wrap (e.g. TYVEK) installed _______
i. ____ Sound proofing with = STC 54 rating in common/party walls and ceilings _______
j. ____ Gas or oil heated systems AFUE rating = 90% with a minimum 14.5 SEER rated air conditioning system _______
k. ____ Heat pump systems HSPF rating = 7.8 with a minimum 14.5 SEER rated air conditioning system _______
Plans' Specifications'
Page
or Page
l. Windows with:
____ (i) frames and sashes constructed of wood, vinyl-clad wood, or extruded vinyl;
____ (ii) 2 or more panes of argon gas filled insulated glass, at least one pane with Low-Emission (Low-E) coating;
____ (iii) U-Factor = 0.39 _______
6. Universal Design
a. ____ 7% of all residential units comply with the Level 5, “All-Inclusive” usability criteria in “Arkansas Usability Standards in Housing: Guidance Manual for Constructing Inclusive Functional Dwellings” (AUSH) (http://www.studioaid.org. Under “Design” click on “standards”) _______
b. ____ All Level 5, “All-Inclusive” units under AUSH has at least one bathroom with an “accessible roll-in” shower facility with minimum dimensions of 60” x 34” or 42” x 42” if a corner shower _______
c. ____ All ground level residential units and residential units with elevator access comply with Level 1, “Visitable” usability criteria under AUSH _______
d. ____ ALL residential units have “closed-fist” operability throughout the unit, e.g., ____ (i) single handle door levers vs. doorknobs; _______
____ (ii) push stick lighting and environmental controls; _______
____ (iii) cabinet doors can be opened with a closed fist; _______
____ (iv) single handle faucets in bathroom and kitchen _______
e. ____ ALL residential units have environmental controls with visual and tactile cues. For lighting, a “rocker” type switch is sufficient. For thermostats, programmable and digital with raised buttons is required. _______
7. Energy Star Qualified
a. ____ New construction units and building certified by HERS rater as 1) ENERGY STAR® qualified; and 2) meets a HERS index Score of 70 (if located in any county other than Baxter, Benton, Boone, Carroll, Fulton, Izard Madison, Marion, Newton, Searcy, Stone and Washington- must meet HERS Index Score of 78) _______ _____________
b. ____ Signed certification from HERS rater _______ _____________ c. ____ Signed certification from Applicant that applicable rating
will be met.
List owner provided amenities and advanced energy efficiency features for which Applicant seeks points pursuant to Subsections VII.A.7., p. 22 and VII.A.8., page 22, of the 2010 QAP.
(Note: Points available
to new construction applicants for advanced energy only
based upon exceeding the minimum required
HERS rating, i.e., certification that the development built as modeled will achieve a HERS rating of 65. Acquisition/rehabilitation applicants remain eligible for points based upon individual advanced energy efficiency features. A rehabilitation application may elect to submit a HERS rating and receive points for exceeding,the established minimum requirements but will be ineligible for all individual energy items that are necessary to HERS rating..
Amenity Description
Plans' Specifications'
Page
or Page
1. _______
2. _______
3. _______
4. _______
5. _______
6. _______
7. _______ _____________
8. _______
9. _______
10. _______
11. _______
12. _______
Advanced Energy Feature Description
Plans' Specifications' Page
or Page
1. _______
2. _______
3. _______
4. _______
5. _______
6. _______
7. _______
8. _______
9. _______
10. _______
11. _______
12. _______
Certification of Applicant on the Following Page.
I, ________________________________, in my capacity as _______________________________________ of
(Name) (Title/Position with Architect-Development Team Member)
_________________________________________________________ state that I have reviewed the above (Architect-Development Team Member)
Attachment G, "Multi-Family Housing Minimum Design Standards Checklist", and certify as to the accuracy of its contents.
Date: _________________________
(Signature)
(Printed/Typed Name)
STATE OF _______________________________ ) )
COUNTY OF _____________________________ )
Before me, ________________________________________________________, a Notary Public of the state and county stated above, personally appeared _____________________________________________________ , with whom I have personal knowledge, and who, upon oath , acknowledged that __he executed the forgoing instrument for the purposes stated therein.
Witness my hand and seal this _________ day of __________________________, 2010.
My commission expires: ____________________________________________________ ____________________ Notary Public
49
ATTACHMENT H
STANDARD FORM 424
This form is available on ADFA’s website at:
http://www.arkansas.gov/adfa/New_Folder/authority_publications.htm
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ATTACHMENT I
AFFIRMATIVE FAIR HOUSING MARKETING PLAN
This form is available on ADFA’s website at:
http://www.arkansas.gov/adfa/New_Folder/authority_publications.htm
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ATTACHMENT J
MINORITY & WOMEN BUSINESS ENTERPRISES PLAN
Name of Agency or Organization:______________________________________________________________
Mailing Address: ________________________________ Street Address:_____________________________
_____________________________________________________________________ City ST Zip
Telephone:___________________________________________ FAX:___________________________
Policy Statement: The above agency (organization) is committed to fully support all possible participation of firms owned and operated by Arkansas Minority Business and Women Business Enterprises by establishing a goal to procure contracted goods and services from Arkansas Minority Business and Women Business Enterprises when expending HOME funds each fiscal year.
______________________________________________________________ is the Procurement Officer to be responsible
Name (please print) for administering this compliance plan.
Name of highest elected official (mayor, county ,judge or chairman of the board of a non-profit)
________________________________________________________________________________ Name Title
________________________________________________________________________________ Signature Date
________________________________________________________________________________ Supervisor of Procurement Officer Name - (person with oversight responsibility)
Telephone: ________________________________ Fax: ______________________________
E-mail: _________________________________________________
Strategies and Procedures to Comply with MBE & WBE
Procedures and initiatives that you should consider are as follows: (We are not suggesting that this form be followed verbatim because you may already had a system in place which accomplished the same thing. However, it is required that you implement these procedures and document initiatives to interact with MBE and WBE businesses.)
Projected Date Actual Procedures or Initiatives Date are to be Implemented Implemented
_____________ _______________ ( 1) Utilize Office of State Purchasing of the Department of Finance and Administration and Minority Business Development/AIDC, MBE & WBE Directories and develop a local list of MBEs/WBEs to use in specific communities.
_____________ _______________ ( 2) Attend and/or participate in local Economic Development Meetings at least once annually during the fiscal year in which HOME funds are used used to seek minority vendors.
_____________ _______________ ( 3) Provide names and addresses of local minority business to Minority Business Development Division/AIDC and the Office of State Purchasing Purchasing, which are not on their lists.
_____________ _______________ ( 4) Work with local organizations to seek MBE and WBE to purchase, products, services, i.e., churches, NAACP, Business and Professional Women’s
Association, Chamber of Commerce, related organization, etc.
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_____________ _______________ ( 5) Hold monthly meetings with appropriate staff to discuss accomplishments
and promote increased efforts to utilize MBE and WBE.
_____________ _______________ ( 6) Develop list of common goods and services that known MBE and WBE can provide, i.e., contractors, lenders, realtors, legal consultants, specialty contractors such as plumbers, electricians, roofers, landscapers, etc., and discuss with staff regularly.
_____________ _______________ ( 7) Have available for MBEs and WBEs a list of products and services normally let to bid.
_____________ _______________ ( 8) Publish statement of public policy and commitment to affirmative marketing to MBEs/WBEs in the print media of widest local circulation. Retain copy in file.
_____________ _______________ ( 9) Place ads or announcements in local print and/or electronic media to market and promote contract and business opportunities for MBEs/WBEs. Clip and retain copy in file.
_____________ _______________ (10) Notify MBEs/WBEs by direct mail of all awards or agreements for developments involving five or more units. Describe activity and number of units to be developed giving name, address of owner, manager or sponsor.
_____________ _______________ (11) Include any other procedures that the agency deems necessary to comply with the goals and objectives of the compliance plan.
MBE/WBE Purchasing Goals in Dollars
Projected Total HOME Funds to be Expended: $_____________________
Projected Percent ______% and Dollar Amount $____________________ for MBE/WBE services and products.
Actual Total HOME Funds Expended: $________________________
Percent ______% and Dollar Amount $____________________ awarded for MBE/WBE services and products.
Comments, Notes or Problems Meeting MBE/WBE Goals:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
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ATTACHMENT K
REQUEST FOR TAXPAYER ID NUMBER & CERTIFICATION
(IRS FORM W-9)
This form is available on ADFA’s website at:
http://www.arkansas.gov/adfa/New_Folder/authority_publications.htm
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ATTACHMENT L
(Attachment Reserved for Future Use)
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ATTACHMENT M
HOME PROGRAM MATCH FORM
Part I: Participant Information
Organization Name:
Organization Address:
Person Completing Form: Telephone Number:
Reporting Period: Starting: Ending: Date Submitted:
Part II: Match Contribution 1. HOME Project
No. 2. Date of
Contribution
3. Cash (nonfederal)
(sources)
4. Foregone Taxes, Fees,
Charges
5. Appraisal Land/Real Property
6.Required Infrastructure
7.Site Preparation, Construction Materials,
Donated Labor
8.Bond Financing
9.Total Match
GRAND TOTAL MATCH:
Updated September, 2008 56
ATTACHMENT N ADFA FORM 4000-98
ALL BLOCKS MUST BE COMPLETED OR YOUR APPLICATION
WILL BE RETURNED AND SUBJECT TO REJECTION
APPLICATION FOR HOME ASSISTANCE 1. Applicant: _____________________________________________________________________________________ 2. Planning & Development District: __________________________________ 3. HOME Program Request $__________________________________ (Maximum Amount $450,000 per application) 4. HOME $’s/unit: $__________________________________ (Maximum Amount per unit $50,000) 5. Area median income: $__________________________________ _____________________________________________________________________________________ 6. Total Development Budget: % 8. Rental activity type a. HOME $ New Construction
b. State $ Rehabilitation c. Local $ Reconstruction d. Federal $
e. Private $ 9. Income of Population Served f. Total $ 30% of area median income or below
31% to 51% of area median income 7. County(ies) Served_____________________ 51% to 80% of area median income Above 80% of area median income _____________________________________________________________________________________ 10. Certification of Chief Elected Local Official/ Chairman of the Board/General Partner/ or Managing
Member To the best of my knowledge and belief, all data contained in this application is true and correct
and its submission has been duly authorized by the governing body. I understand that if the application is found to contain significant misinformation or deviates significantly from the
integrity of the HOME application process, this application will be returned and could result in disqualification. Signature: _________________________________ Title: ___________________________ Name: _________________________________ Date: ___________________________ *All joint applications must be accompanied by Cooperative Agreements between all the jurisdictions applying for funds in the application and included in TAB #45.ADFA Form 4000-98
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ATTACHMENT O
HOMEOWNERSHIP ASSISTANCE/RENTAL HOUSING
DEVELOPMENT SET-UP
This form is available on ADFA’s website at:
http://www.arkansas.gov/adfa/New_Folder/authority_publications.htm
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ATTACHMENT P
HOME UNIT BREAKDOWN
For All HOME Applicants
Describe the proposed development including number, size, and if applicable, age and condition of units. Other development amenities should also be described. Describe the role of each activity undertaken by the developer, owner, applicant, etc. (Attach extra sheet)
TYPE OF UNIT NUMBER UNITS CURRENTLY
NUMBER UNITS AFTER COMPLETION
NUMBER HOME ASSISTED UNITS
Number of units reserved for households equal to or less than 50% of the county median income, adjusted for family size. (At least 20% of the HOME-assisted units must be reserved tenants at 50% county median income.)
Number of units initially reserved for households between 50%-60% of the county median income, adjusted for family size.
Number of market rate units for households.
Total Residential Units
Summary: Total number of units _______ Total number of HOME assisted units _____ Floating ______ or Fixed _______