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<br />r-jm;;aire<l"Belf-----------------',I----------i----------------1'------ --1 <br />t__.t:_____.__.__________...__._..'"".___._.__._______..--.-....----.-----".......--------...-,--.--..------------......-....---- <br />I TOTAL ' 23 ' 8 ! 31 ' <br />!....____..._____..m..n_____......___....__n.._...._.__.... ...__.____....._"-__________.___...__........._.____._L___.__.___.___.__.____.___..i..-___n.._____J <br /> <br />2.2 Affordable Charges. <br /> <br />(a) Extremelv Low Income Charges. The Affordable Charges charged for the <br />Extremely Low Income Units shall not exceed one-twelfth (l/12th) of eighty percent (80%) of <br />twenty-five percent (25%) of Median Income, adjusted for Actual Household Size. <br /> <br />(b) Very Low Income Charges. The Affordable Charges charged for the Very <br />Low Income Units shall not exceed one-twelfth (1I12'h) of eighty percent (80%) of fifty percent <br />(50%) of Median Income, adjusted for Actual Household Size. <br /> <br />(c) Very Low Income Charges for Memory Impaired Bed. The Affordable <br />Charges charged for the Very Low Income Memory Impaired Bed shall not exceed one-twelfth <br />(1I12'h) of eighty percent (80%) of fifty percent (50%) of Median Income for a one person <br />household. <br /> <br />2.3 Termination of Occupancy. Upon termination of occupancy of a Unit by a <br />Resident, such Unit shall be deemed to be continuously occupied by a household of the same <br />income level as the initial income level of the vacating household, until such Unit is reoccupied, at <br />which time the income character of the Unit shall be redetermined in accordance with Section 2.1. <br />Upon termination of occupancy of a Memory Impaired Bed, such bed shall be deemed to be <br />continuously occupied by a Very Low Income Household until reoccupied. <br /> <br />2.4 Affordabilitv Reserye. Developer shall establish an Affordability Reserve in <br />which it will deposit within one hundred twenty (120) days after the end of its fiscal year, a <br />portion of the Surplus Cash (as such term is defined in the Loan Agreement) in accordance with <br />Section 2.3(d) of the Loan Agreement. Developer may use the funds in the Affordability Reserye <br />without the prior consent of the City (I) to increase the Project's affordability by, among other <br />methods, creating a deeper rent or seryice subsidy on Very Low Income Unit or Extremely Low <br />Income Unit so that it may be occupied by a Resident or household whose income is less than that <br />ofa Very Low Income Household or Extremely Low Income Household, respectively_~ (2) <br />iner-efisiJ'l!1to increase the number of Very Low Income Units or Extremely Low Income Units that <br />may be occupied by a Very Low Income Household, Extremely Low Income Household or <br />Memory Impaired Resident who is also a Very Low Income Household or (3) to finance other <br />asnects ofthe Proiect as necessary and as annroved in advance bv the Citv. In addition, Developer <br />may use the Affordability Reserye for any other purposes agreed to by the Developer and City. In <br />the event Developer uses the Affordability Reserye pursuant to this Section 2.4, the amount of <br />funds available from the Affordability Reserye shall be in an amount sufficient to fund the <br />difference between the market rate and Affordable Charges for such Unit for forty-eight (48) <br />months. At the end of the Term, any funds remaining in the Affordability Reserye shall be <br />returned to the City. Developer shall include information regarding the use and the amount of the <br />Affordability Reserye in its annual audited financial reports delivered to City in accordance with <br />Section 3,2. <br /> <br />144\105\1590RL11 with 159081.10 <br />Redline 275355 <br /> <br />6 <br />