village oaks townhomes - 2009 va

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    TAB A(Documentation of Development Location)

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    TABA.1(Qualified Census Tract Certification)

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    Qualified Census Tract CertificationDevelopment Name: -,-=====,,;.:=c=:Tracking #: -==_=--=-=-_____

    1. Generallnstruclions This Certification must be included with the Application (by Application Deadline,5/15/09). The Owner/Developer completes this Certification. Any change in this form may result in 0 reduction of points under the scoring system. Ifyou have any questions, please call Jim Chandler at VHDA (804) 343-5786.

    2. Definition of Qualified Census TractPursuant to 42(dJ(5J(C](ii) of the IRC, a qualified census tract is, "(I) Any census tractwhich is designated by the Secretary of Housing and Urban Development and. forthe most recent year for which census data are available on household income insuch tract, either in which 50% or more of the households have an income which isless than 60% of the area median gross income (AMGI) for such year or which has apoverty rate of at least 25%. If the Secretary of Housing and Urban Developmentdetermines that sufficient data for any period are not available to apply this clauseon the basis of census tracts, such Secretary shall apply this clause for such period onthe basis of enumeration districts. (II) The portion of a metropolitan statistical area(MSAl which may be designated shall not exceed an area having 20% of thepopulation of such MSA. (III) Each MSA shall be treated as a separate area and allnon-metropolitan areas in a State shall be treated as one area."

    3. Census Tract #(5):

    I:8l To determine the development's census tract. go to hltp'llmap,.\ba.govlhubzonelinitasp andput in the development address or county. The census tract number will be revealedafter pressing the "search" button. On a rore occasion. When a development sponsmore than one census tract. this website may show incomplete information, IF thesubject development is across census tracts, please list each census tract by numberand provide supporting documentation.I:8l Attach a map showing census tract boundaries and the development's locationl

    4. Legal DescriptionI:8l Attach a copy of the development's legal description; the legal deSCription shouldcorrespond to the site control document in the Application.

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    HUBZone Locator http://map.sba.gov/hubzone/hzqry.

    .....

    U$.Map

    ' . . .Address-Town-County Text-Only

    Version

    DETERMINATION OFWHETHER AN ADDRESS IS IN A HUBZONE

    ... .

    2166 CarringtonRoad, Lynchbnrg VA, 24501 is located in Census Tract H51680000300" which IS NOT HUBZonequalified.The map below shows the relationship of this address (marked with a star) to qualified HUBZone areas. Below the map,you may find information 011 the address was found not to be in a HUBZone Area.

    Zoom In

    or move display area byclicking on the map withthe mouse after selecting atool above.

    BASIS OF HUBZONE DETERMINATION

    Is the address located in a Metropolitan Area?Is the address located in a qualified or redesignated census tract?Is the address located in a BRAC Commission-closed formermilitary base?Is the address located in a Difficult Development Area?Is the address located in an Indian Country area?

    YESNONONONO

    5113/09 3:41 P

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    EXHIBIT APROPERTY DESCRIPTIONTHOSE certain parcels of land, together with the buildings and improvements thereon and [heprivileges and appurtenances [hereto, situated in the City of Lynchburg, Virginia, and being moreparticularly desclibed as follows:PARCEL A: BEGINNING AT AN iron on the south-westerly side of Langhorne Road at comerwith Westerly Acres Subdivision; thence with the south-westerly line of Langhorne Road S 63"09' E 125.52' to the P.e. at Carrington Road; thence with a curve to the right with a radius of15.00' length 28.86' to the P.T. on Carrington Road; thence along Carrington Road S 47" 05' W540.60' to the P.e. on Carrington Road; thence with a curve to the left with a radius of 248.00'length 33 L 12' to the P.T. on Carrington Road; thence along Carrington Road S 29" 25' E 125.00'to the P.C. at Murrell Road; thence with a curve to the right with a radius of 150.00 length 23.51'to the P.T. on Murrell Road; thence with Murrell Road S 60" 22' W 107.05' to an iron comer withthe Millcr Home property; thence leaving Murrell Road and with the Mill Home property N 25"55' W 470.55' to an iron corner with Westerly Acres Subdivision; thence with the Westerly AcresSubdivision N 48" 03' E 766.40' to the iron on Langhorne Road place of beginning, coutaining3.69 acres.PARCEL B: BEGINNING AT THE P.T. on Murrell Road, connectiug Murrell Road withLanghorne Road; thence with the northwesterly lien of Murrell Road S 44" 22' W 709.21' to anangle in Murrell Road; thence continuing along Murrell Road S 60" 22' W 113.34' to the P.e. atCarrington Road; thence with a curve to the right with a radius of 15.00'length 23.62' to the P.C.on Carriugton Road; thence along Carrington Road N 29" 25' W 124.65' to the P.C. on CarringtonRoad; thence with a curve to the right with a radius of 182.00' length 243.00' to the P.T. OnCarrington Road; thence along CalTington Road N 47" OS' E 575.97' to the P.C. at LanghorneRoad; thence with a curve to the right with a radius of 15.00' length 18.27' to the P.T. onLanghorne Road; thence along Langhorne Road S 63" 09' E 86.73' to an angle in LanghorneRoad; thence continuing along Langhorne Road S 49 15' E 165.40' to the P.C. at Mundi Road;thence with a curve to the right with a radius of 15.00' length 24.51' to the PT on Murrell Road,to the plat of beginning, containing 5.16 acres.The land hereby conveyed is the same property designated Parcel A and Pareel B and otherwisemore particularly described upon the plat entitled ''Plat of Langhorne Road Apartments, Inc."made by Maurice G. Overstreet, C.L.S., dated October I, 1977, and recorded in the Clerk's Officeof the Circuit Court of the City of Lynchburg, Virginia in Deed Book 538, page 198.SUBJECTTO the rights of tenants in possession under unrecorded leases, as tenants only, and alleasements, reservations, restrictions, conditions and other encumbrances contained in dulyrecorded deeds, plats and other instruments constituting constructive notice in the chain of title tothe said property which have not expired by a time limitation contained therein or otherwise havebecome ineffective.BEING the same property conveyed to VILLAGE OAKS ASSOCIATES LIMITEDPARTNERSHIP, a Virginia Limited Partnership, by Deed from Clement H. Gimbert and FloraW. Gimbert, husband and wife, dated December 22, 1985 and recorded December 23, 1985, inthe Clerk's office, Circuit Court, City of Lynchburg, Virginia, in Deed Book 670, page 896.Parcel A - 2181 Carrington Rd., Lynchburg, VA Map No. 0051016Parcel B -2166 Carrington Rd., Lynchburg, VA -Map No. 00501001

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    Location Map

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    l

    http://maps.ffiec.gov/FFIECMapperrrGMapSrv.aspx'fstreet_add

    i C = _ ~ 2008lnfcrttllltifrn _ ~ _ = : J : E ~ d x e s 5 I ~ A R R ! N G T O N !iIe,,,,,- IiLYNCHBURG _ J'te Abb, i 'i:AIii""" I ~ E ' : ; ' 5 0 : 7 1 = = _ = = : : J = = j IIMSAIMDCode 1131340~ " " ' . = : = J I 5 1 IiICoul'\tyCooe 1 ~ 8 { 1 IIITrod Cede ! ~ O O 3 . 0 ( j JfGetCensus DemOgraphi9f

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    TABA.2(Revitalization Area Certification)

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    THE CITY OF LYNCHBURG, VIRGINIA

    OFFICE OF THECITY MANAGER

    900 Church Street, Lynchburg, VA 24504WNW.lynchburgva.govTEL: 434-455-3990FAX: 434-847-1536

    REVITALIZATION AREA CERTIFICATION

    Jim ChandlerVirginia Housing Development Authority601 South Belvidere StreetRichmond, Virginia 23220

    VHDA Tracking Number:Development Name:Development Jurisdiction:Name of Owner/Applicant:Dear Mr. Chandler:

    May 11, 2009

    2009-Z-135ViUageOaks TownhomesCity of LynchburgVillage Oaks Townhomes, LLC

    I certify that the above-referenced development is located in a Revitalization Area in my jurisdiction. A'revitalization area" is any area that is (i) either (1) blighted, deteriorated, deteriorating or, if notrehabilitated, likely to deteriorate by reason that the buildings, improvements or other facilities in such areaare subject to one or more of the following conditions- dilapidation, obsolescence, overcrowding, inadequateventilation, light or sanitation, excessive land coverage, deleterious land use, or faulty otherwise inadequatedesign, quality or condition, or (2) the industrial, commercial or other economic development of such areawill benefit the city or county but such area lacks the housing needed to induce manufacturing, industrial,commercial, govemmental, educational, entertainment, community development, healthcare or nonprofitenterprises or undertakings to locate or remain in such area; and (ii) private enterprise and investment arenot reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safeand sanitary hOUSing and supporting facilities that will meet the needs of low and moderate income personsand families in such area and will induce other persons and families to live within such area and therebycreate a desirable economic mix of residents in such area.I understand that this Certification will be used by the Virginia Housing Development Authority to detenminewhether the development qualifies for points available under VHDA's Qualified Allocation Plan.

    C ntenaticnalCityManage11enlAssociahon

    Sincerely ("

    L t W L b A ~ L Kimball Payne,lIl -City Manager

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    Surveyor's Certification of ProximityTo Public Transportation

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    DATE: May 13, 2009TO: Virginia Housing Development Authority601 South Belvidere StreetRichmond, VA 23220-6500

    RE: 2009 Tax Credit Reservation Request

    HURT PROFFITT

    r l l ( O I l : PORAT tO

    Name of Development: -:-'V:"'ill""aJ;2.e"-::O"'a"'ks"-=_-:-__ -:-::::-_________Name of Owner: Village Oaks Townhomes, LLCGentlemen:

    This letter is submitted to you in support of the Owner's Application for Reservation of LowIncome Housing Tax Credits under Section 42 of the Intemal Revenue Code of 1986, as amended.Based upon due Investigation of the site and any other matters as it deemed necessary this firmcertifies that the main street boundary entrance to the property is within:

    I

    2,640 feet or % mile of the nearest access point to an existing commuter rail, light railor subway station; or

    _X_ 1,320 feet or v.. mile of the nearest access point to an existing public bus line.The latitudes and longitudes in decimal format (ex: 77.452788 {38.77987) are as follows:

    latitude LonqitudeI Main Street Boundary Entrance to Property 37.41054 79.16895: T r a n s ~ o r t a t i o n Access

    * NGINEERING SURVEY1HG}) PLAN .... ING

    37.41066 79.16855

    Hurt & Proffitt, Inc.Firm NameBy: Troy D. Williams, LS

    Its: Vice President { Survey D ~ a r t m e n t ManagerTitle

    2524 LANGHORNE 9040lYNCHtlURG w.2450l8OO.1li2.1i906 r

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    TABB(Partnership or OperatingAgreement)

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    OPERATING AGREEMENTOF

    VILLAGE OAKS TOWNHOMES, LLC

    THIS OPERATING AGREEMENT (the "Agreement"), made as of the j2J-rlaa y of2009 by and among Village Oaks Development Corporation., a Virginia eorporation, as

    Managing Member and Lynchburg Neighborhood Development Foundation. a Virginianonstock corporation, as Member (hereinafter, the "Members" or a "Member," as the contextrequires), provides as follows:

    The Members are all of the Members of Village Oaks Townbomes, LLC, a Virginialimited liability company (the "Company"), organized under the Virginia Limited LiabilityCompany Act, Virginia Code 13.1-1000, et seq. (the "Act"). The Members desire to establishtheir rights and obligations with respect to the Company and towards that end enter into thisAgreement.

    1. Name, Principal Office and Term.The name of the Company is Village Oaks Townhomes, LLC. The principal office

    of the business of the Company is at 927 Church Street, Lynchburg, Virginia, in the City ofRichmond, or such other place or places as the Managing Member may determine. Allcapitalized terms herein shall have the definitions as stated in the Act, unless otherwise hcreindefined. The Company shall continue in existence in perpetuity unless terminated by operationof law or in accordance with this Agreement.

    2. Purpose.The Company is formed for the sole and exclusive purpose of acquiring, owning and

    operating a multi-family real estate project in the City of Lynchburg, Virginia, known asVillage Oaks Townhomes (the "Property"), and in connection therewith, is empowered to doand perform all acts reasonably necessary to accomplish the purposes of the Company, and toexecute and deliver such instruments and undertakings as may be necessary in furtherance ofsuch purposes.

    1

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    3. Percentage Interests.a. Ownership Interest.

    The Interest of each Member, expressed as percentages (the "PercentageInterests") is set forth on Exhibit A, attached hereto.

    b. Allocations.All net income, loss, gain, credits and deductions of the Company shall be

    allocated to each Member in accordance with such Member's Percentage Interest, except as maybe otherwise provided herein.

    c. Distributious.The Managing Member may make such distributions of the net income of the

    Company as it may determine to be feasible, in aceordance with the Members' PercentageInterests ("Distributions").

    4. Capital Coutributions.Simultaneously with the execution of this Agreement, each Member has made a

    capital contribution to the Company, the description and value of which is set forth on ExhibitA, attached hereto and by this referenee made a part hereof.

    5. Assignment of the Interests of the Members and Admission of New Members.No Member shall, without the unanimous eonsent of the other Members, sell,

    assign, pledge, hypothecate, or otherwise transfer his Interest in the Company. Notwithstandingthe foregoing, any Member may transfer all or any part of its interest in the Company to anyother Member. Any incoming member must as a condition of receiving an interest in theCompany agree to be bound by the note, deed of trust, security agreement, the RegulatoryAgreement and any other documents required in connection with the HUD-insured loan to thesame extent and on the same terms as the other members.

    6. Managing Member.Village Oaks Development Corporation is the Managing Member of the Company.

    7. Banking and Disbursements.The Company shall maintain such bank acconnts as the Managing Member deems

    necessary or advisable. The Managing Member is expressly authorized to execute such

    2

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    documents as may be necessary to open such accounts and to designate the person or personswho may be signatory on such accounts.

    8. Dissolution and Winding Up.The Company shall dissolve and its affairs shall be wound up upon (i) theunanimous written consent of the Members or (ii) upon the entry of a decree of judicial

    termination, or (iii) when there are no remaining Members, unless, within six (6) months afterthe event which caused the dissociation of the last remaining Member, such Member's personalrepresentative agrees in writing to continue the Company until such personal representative orhis designee is appointed as a Member.

    9. Amendments; Execution of Additional Company Instruments.A majority of the Membership Interests shall be necessary to amend this Operating

    Agreement. The Members covenant and agree that they will execute any further agreementsand perform any additional acts which are or may become necessary to effectuate and to carryout the intent of the Company as created by this Agreement.

    10. Miscellaneous.The paragraph headings in this Agreement are for convenience only and shall not be

    construed as limiting or in any way affecting the provisions to which they relate. This Agree-ment may be executed in any number of counterparts each of which shall be deemed an originaland all of which taken together shall be deemed to be a single agreement This Agreement shallbe governed by the laws of the Commonwealth of Virginia. Whenever required by the eontextof this Agreement, the singular shall include the plural and vice-versa and the masculine gendershall include the feminine and neuter genders and vice-versa. This Agreement and all of theprovisions contained in it shall be binding upon and inure to the benefit of the heirs, executors,administrators, assigns, and successors in the interest of the Members. In any suit orproceeding brought pursuant to this Agreement, the fees and costs of the Company and theprevailing party shall be charged to the losing party.

    IN WITNESS WHEREOF, each of the undersigned has caused this Agreement to beexecuted and sealed,

    COMPANY:3

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    VILLAGE OAKS TOWNHOMES, LLCBy Village Oaks Development CorporationIts Ma aging MemberBy:Its: ____ ~ ~ ~ ~ i - - - ~ MANAGING MEMBER:VILLAGE OAKSDEVELOPMENT CORPORATION: ~ i r g i acorpomtioNIts: ,MEMBER:LYNCHBURG NEIGHBORHOODDEVELOPMENT FOUNDATION,

    B y : G ' - ~ ~ ~ ~ . L t : - ~ " } - ~ \ - - -Its: - - - " " ' ~ ~ L L ' = C f - 2 - " " " ' - ' q - - - ' - - -

    4

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    EXHIBIT ACAPITALMEMBER CONTRIBUTION

    Village Oaks Development Corporation. $ 1.00

    Lynchburg NeighborhoodDevelopment Foundation 99.00$100.00

    5

    PERCENTAGEINTEREST

    .1.00%

    99.00%100.00

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    TABC(VA SCC Certification)

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    STATE CORPORATION COIVIIVIISSION

    (}1jchmonC; Jlpn{29, 2009'11iis is to certify that the certificate oforganization of

    Village Oaks Townhomes, llCwas this day issued and admitted to record in this office and thatthe said Cimited (ia6iCity company is authorized to transact its6usinesssu6ject to a[[ Virginia Caws appCica6Ce to the companyand its 6usiness. CEffictive date: Jlpn{29) 2009

    CIS0328

    State Corporation CommissionJlttest:1rk.ciftlie Commission

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    TABD(Principal's Previous Participation Certification)

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    VHDA

    INSTRUCTIONS:

    Previous Participation CertificationDevelopment Name: Oaks Tawnhomes

    Name of Applicant; Village Oaks Townhomes, l..lCControlling General Partner: Village Oaks Development Corporation

    This certification must be signed by on individual who is, or s authorized to oc t on behali of the Conlrolling GeneralPortner (if LP) 0' Managing Member [if LLC) of the Applicant, os designated in the Application, VHDA will acceptan authorization document. which gives signatory authorization to sign on behaii of the principals,

    2 Attach a resume for each principal of the general partnership [GP) or limited liabilily company (LLC) and onorganization chart for the limited partnership [LP) and LLC.3 A Schedule A is required for each principal of !he GP.4 For each property listed os "non-compliance found." please attach a detailed explanation of the nature of the noncompliance, stat:ng whether or not it has been resolved.5 The dote of this certification must be no more than 30 days prior to submission of the Application.

    Failure to disciose information about properties which hove been tound to be out of compliance or any material mis-representations are grounds tor rejection of on application and prohibition against future applications.DEFINITIONS:For the purpose of this Certification. the following definitions sholl apply:Development shall mean the proposed multifamily rental housing development identified above,Particioants shall mean the prinCipals who will participa te in the ownership of Ihe developmentPrincipal shall mean any person (Including any individual, joint venture. partnership, limited liability company.corporation. nonprofit organization. trust, or any other public or private entilyJ that [i) with respect to the proposeddevelopment, will own or partiCipate in the ownership of the proposed development or (Ii) with respect to an existingmuaifamily rental project, has owned or partiCipated in the ownership of such project. ail as more fully descr ibedhereinbelow. The person who Is the owner of the proposed development or multifamily rental project 15 considered aprincipal. In determining whether ony other person is a principaL the following guidelines shall govern:

    1. In the case of a partnership which is a principal [whether as the owner or otherwise). all general partners are alsoconsidered principals. regardless of the percentage Interest of the general partner,2. In the case of a public or private corporation or organization or governmental entity that is a principal (wheTher asthe Owner or otherwise). principals also include the president, vice presidant, secretary. and treasurer and otherofficers who are directly responsible to the board of directors or any equivalent governing body, as well as alldireclors or other members of the governing body and any stockholder having a 25% or more Interest:3, In the case of a limited liabilily company [LLC) that is a principal [whether as the owner or othefWise). all membersare also considered principals. regardless of the percentage interest of the member;4. In the case of a trust that is a principal [whether as the owner or othefWisej. 011 persons having a 25% or more

    beneficial ownership interest In the assets of such trust;5. In the case ef any other person that is a principal (whether as the owner or otherwise). all persons having a 25% ormore ownership Interest in such other person are also considered principals; and6. Any person that directly or indirectly controls. or has the power to conlrol. a principal shall also be considered aprincipal.

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    CERTIFICATIONS:I hereby certify that all the statements made by me are true, complete and correct to the best of my knowledge andbelief and are made in good faith, including the data contained in Schedule A and any statemenls attached to thiscertification.

    I. I further certify that for the period beginning 10 years prior to the date of this Certification:a, During any time that any of the participants were principals in any multifamily rental project. no project has been

    foreclosed upon. no mortgage has been In default, aSSigned to the mortgage Insurer (govemmental or private),nor has mortgage relief by the mortgagee been given:b. During any Hme that any of the participants were principals in any multlfamny rental project there has not been

    any breach by the owner of any agreements relating to the construction or rehabilitation, use, operation,management or disposition of the project;

    c. To the best of my knowledge, there are no unresolved findings raised as a result of sfate or federal audits,management reviews or other governmental investigations concerning any multifamily rental proiect in which anyof the participants were principals;

    d. During any time that any of the participants were prinCipals in any multifamily rental project, there has not been asuspension or termination of payments under any state or federal assistance contract for the project;e. None of the partiCipants has been convicted of a felony and is not presently. to my knowledge, the subjecl of acomplaint or indictment charging a felony. A felony is defined as any offense punishable by imprisonment for a

    term exceeding one year, but does not include any offense classified as a misdemeanor under the laws of a stateand punishable by imprisonment of tw o years or less;

    f, None of the participants has been suspended, debarred or otherwise restricted by any federal or stategovernmenlal entity from doing business with such governmental entity; and

    g, None of the participants has defaulted on an obligation covered by a surety or performance bond and has notbeen the subject of a claim under on employee fidelity bond.

    2. I furl her cer tify that none of the partiCipants is a Virginia Housing Development Authority IVHDA) employee or amember of the immediate househOld of any of its employees.

    3. I further certify thai none of the partiCipants is parlicipating in the ownership of a multifamily rental housing projectas of this dote on which construction has stopped for a period in excess of 20 days or lin the case of a multifamilyrental housing project assisted by any federal or state governmental entity) which has been substantiallycompleted for more than 90 days bu t for which requisite documents for clOSing, such as the final cost certiticalfon,have not been filed with such governmen 101 entity.

    4, I further certity that none of the partiCipants has been tound by any federal or state governmental entity or court tobe in noncompliance with any applicable civil rights, equal employment opportunity or fair hOUSing laws orregulations.

    5, i further certity that none of the participants was a prinCipal in any multifamily rental proiect which has been foundby any federal or state governmental entity or court to have failed to comply with Section 42 of the InlernalRevenue Code of 1986. as amended, during the period of time in which the participant was a principal In such

    6, Statements above (if any) to which I cannol certify have been deleted by striking through the words. In the case01 any such deletion, I have attached a true and accurate statement to explain the relevant facts andcircumstances.

    WARNING: IF THIS CERTIFICATION CONtAINS ANY MISREPRESENTATION OF A MA'cRIA'- FAC, THE Al;TriORltY MAY REJECTT ~ E APi'UCATION FOR LOW-INCOME HOUSING TAX CREDITS AND MAY PROHIBIT THE SUBMISSION BY THE APPLICANT OfA P' AT! S SUCH CREDITS IN THE FUTURE.

    Laura Dupuy - May 5th, 2009Nome

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    Dote [must be no more than 30 days prior to submission of tho Application}Schedule A: l ist of All Tax Credit Developments for Each Prlnclpal!o this CertificationComplete the following, using separate pagers) as needed, for each principal. Lisf all developments that have receivedallocafions of tax credits underSection 42 of the IRe.

    23456789101112131415167181920212223242S26272829303132333A353637

    villoQe Oaks Townhomes LlCPrincipal's Nome:

    Name of Ownership Entity andDevelonment Nome/Location Phone Number

    ControllingGeneralPartner?

    IY/N)

    Controlling G. P. of propo50d Project? -'Y-v-:::-;:;-Yor N

    ,Total LowTotol Dev. Income Ploced in S 6 0 9 ~ s l l s s u c

    Units Untis Service Dcte Dote- ------------

    Noncompliancef-ound? Y/N{Explain Yesl

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    Date [must be no more than 30 days prior to submission of th e Application)Schedule A: List of All Tax Credit Developments for Each Principal to this Certifi cationComplete the following, using separate pagels) as needed, for each principal. List Q)! developments that havereceived allocations of tax credits under Section 42 of the IRe.

    23

    456789101112131415161718192021222324252627282930313233343536373839404142434445

    'nchburg Neighborhood Development Foundation - Laura DuplPrincipal's Name:

    Name of Ownership Entity andDevelopment Name/Location Phone NumberCentral City Homes, Central City Hames, LP

    Lynchburg VA 4348466964College Hill Homes, College Hill Hames, LPLynchburg VA 4348466964

    Hilltop Homes, LynchburgVA Hilltop Homes, LLC 434 846 696

    Controlling G. P. of Proposed Project? -,-N,---==__YorNControllingGeneral Total Total LowPartner? Dev. Income Placed in 8609(5) Issue[YIN) Units Units Service Date Date

    Y 34 34 9111200512/1/2005

    Y 28 28 11/1/20035/1/2004

    Y 24 24Pending Pending

    Nan-complianceFound? YIN(Explain Yes)NONONA

    lIHH..: as /0 or1st PAGE TOTAL: 86 86 100% Totol Units

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    1.00%

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    EDUCATION

    LAURA N. DUPUY219 Lansing AvenueLynchburg, Virginia 24503434/847-7143 (h)434/846-6964 (0)

    George Mason University Law School, Arlington, VANew York University, New York, NYPROFESSIONALEXECUTIVE DIRECTOR, Lynchburg Neighborhood Devp. Foundation

    J,D" 1987B,A., 1982

    Lynchburg, VA 1995 - presentDirector of housing development and financing organization with overall and generalresponsibility for the management, direction and supervision of the business of LNDF; workswith a 14-member Board of Directors from the private housing, banking and business sectors;assists non-profit housing community in securing adequate financing and funds to achieveaffordable housing goals for the Central Virginia region,ATTORl'lEY, Virginia Legal Aid Society, Inc.Lynchburg and Farmville, Virginia 1988 - 1995Staff attorney representing indigent clients in civil matters with specialty in housing andcommunity-based economic development; work with individuals to improve housing conditionsand with conununity groups to establish appropriate legal structures and strategies forneighborhood revitalization, Representation includes negotiation, litigation in all judicial forumsand alternative advocacy before local, state and national legislative and rule making bodies.ADMINISTRATIVE ASSISTANT, Jesuit ConferenceWashington, D,C, 1984 - 1988Administrative Assistant to staff of the governing board of the Society of Jesus in theUnited States,CONGRESSIONAL STAFF, U. S. House of RepresentativesWashington, D,C, 1982 - 1984District correspondent, legislative researcher on the staff of the Honorable William H.Natcher (KY) and liaison to the Labor, Health and Human Services and Education Subcommitteeof the House Appropriations Committee,ARTIST MANAGEMENT/REPRESENTATIONCalifornia, Texas, New York 1972 - 1982Business manager of nationally recorded music groups; business and promotionalrepresentative of perfornlers, writers and creative artists; Contract Paralegal for William MorrisAgency, New York Office,Memberships and Affiliations:Virginia State BarVirginia Fair Housing BoardJohnson Community Health CenterEarthcraft VirginiaRiverviewsVirginia Commuuity Development CorporationVirginia Housing Coalition

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    LAURA N. DUPUYBiographical Data

    Laura N. Dupuy is the executive director of the Lynchburg Neighborbood DevelopmentFoundation (LNDF), a non-profit finance and development organization dedicated to serving thehousing and community development needs of low-income residents of Central Virginia. Shealso serves as executive director and secretary of the Lynchburg Community Loan Fund, anaffiliate of LNDF providing affordable housing loans to low-income individuals in the CentralVirginia region. Ms. Dupuy is an attorney, formerly with the Virginia Legal Aid Socicty inFarmville and Lynchburg, where her work focused on housing litigation and community-basedeconomic development.

    Ms. Dupuy has been active in housing and poverty advocacy throughout the state,especially in Southside and Central Virgitria. She currently serves on several local and statewideboards. The local boards on which she sits include Jolmson Community Health Center, a fullscale medical facility providing primary care in the lower-income neighborhoods of Lynchburg,and Riverviews, the first artists' live/work space in downtown Lynchburg. She is also on theboards of the following statewide organizations: Earthcraft-Virginia, a statewide green-buildingorganization, Virginia Community Development Corporation, a non-profit equity investmentgroup, and the Virginia Fair Housing Board.

    Past associations include the Lynchburg League of Women Voters, and Miriam's House,and Dance Theatre ofLynchburg and Amazement Square.

    Ms. Dupuy is a graduate of New York University and George Mason University LawSchool and is a member of the Virginia State Bar.

    September, 2007

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    TABE(Nonprofit Qnestionnaire)

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    Appendix E: Nonprofit QuestionnairePart II, I3VAC 10-180-60, of the Qualified Allocation Plan (the "Plan") of he Virginia Housing Development

    Authority (the "Authority") for the allocation of federal low income housing tax credits ("Credits") available under 42of the Intemal Revenue Code, as amended (the "Code") establishes c()l1ain requirements for receiving Credits from theNonprofit Pool established under the Plan and assigning points for participation of a nonprofit organization in thedevelopment ofqualified low-income housing.Answers to tbe following questions will be used by the Authority in its evaluation of wbuther or not anapplicant meets such requirements (attach additional sbeets as necessary to complete each question).

    1. General Information.a. Name of development: Village Oaks.oT-'o-"wnh=o;:;m=es"-_________________b. Name of owner/applicant: Village Oaks Townhomes, LLCc. Name ofNonprofit entity: Lynchburg Neighborhood Development Foundation (LNDF)d. Address of principal place ofbusiness ofNonprofit entity: 927 Church St., Lynchburg, VA 24504

    Indicate funding sources and amount used to pay for office space: Office space is a city-ownedB u i l d i n g : ~ C ; i t y donates space to LNDF; amount of donation reflected in 200 I w a s ~ 1 2 , O O O vm_yLe=ar"'.'-__

    e. Tax e x ~ t status: [g] 501(cX3) o 501(c)(4) 0501(3)f. Date ofIega! formation ofNonprofit: June 24, 1993 (must be prior to application deadline);

    Evidenced by the following documentation: Certifieate of Incorporation from Commonwealth ofVirginia,State Corporation C o m m = i " ' s s " ' i o e : n ~ _________________________g. Date ofIRS 501 (e)(3) or 501 (c)(4) determination letter: August 24, 1998(flllal determination)

    (must be prior to application deadline and copy must be attached).h. Describe exempt purposes (must include the fostering oflow-income housing and attach articles ofincorporation and by-laws):" .. improving the quality oflife in the Lynchburg arca through the provision ofhousing for the poor,Distressed and underprivileged and combating community deterioration andneigl1borhood tension."

    i. Expected life (in years) ofNonprofit: Pernetualj. Explain the anticipated fumre activities of he Nonprofit over the next five years: Continued work inFinancing the purchase and repair of homes througl1out the region; continued development and renovation ofHouses for sale to qualified purchasers; increased housing counseling and credit repair; expanding finaneingActivitv for rcvj!

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    NONPRO FIT QUESTIONNAIRE, continuedk. How many fuJI time, paid staff members does the Nonprofit and, if applicable, any other nonprofitorganization(s) ("Related Nonprofit(s)") of which the Nonprofit is a subsidiary or to which the Nonprofit isotherwise related (by shared directors, statt; etc.) have? 3 How many part time,

    paid staff members? 4 Describe tbe duties of all staff members:Executive Director manages and conducts day-to-day operations, handles real estate development and otherbusiness obligations of he organization per delegllti()n by the BoardLm ::--::-:-_::-__ -- : -_: :-- : -_Deputy DireI" Lynchburg, VA 23503Schaefer Oglesbyj>roparty Mgr. 13 years 3205 Forest Brook Rd., Lynchburg, VA 24501CarolynPolloway retired teacher 4 years 334 Woodland Ave., L ) ' I l C ~ b - = u r : . ! i g , , , , V c . : . : . A ' : : . 2 : : . 4 : = 5 . . : . 0 3 = - ____Tom Seaman retired professor 3 years 3704 Sherwood .l'.t .Lynchburg, VA 24503Stuart Turille retired banker 3 years 3020 Cranehill Dr., Lynehburg, VA 24503George Vennilya [mancial advisor 2 years FBP, Inc., 800 Main St" .l:ynchburg, VA 24504

    Tracey Shaw Tax Attorney 1year PO Box 958, Lynchburg VA 24505

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    NONPROFIT QUESTIONNAIRE, continued2. Nonprofit Formation.a. Explain in detail the genesis ofthe formation of the Nonprofit: In 1991, a coalition of housing and service

    Providers, the United Way ofCentral VA, a n ~ t h e City ofL)llChburg, engaged in strategic planning processJInder the technical assistance of he Enterprise Foundation. Over the next two years, a plan for improving

    Housing conditions was drafted and the recommendation made that a new organization be created to undertakeTwo missions: 1) increase the resources directed into the region for production ofaffordable housing, and2) increase the capacity of he non-profit housing developers in the region. That organization, L)llChburgNeighborhood Development Foundalion,,,re"te

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    NONPROFIT QUESTIONNAIRE, continuedh. I fyou included in your answer to the previous question information concerning any Related Nonprofit,describe the date oflegal fonnation thereof; the date of IRS 501(c)(3) or 50 I(c)(4) status, its expectedlifu, its charitable purposes and its relationship to the Nonprofit.Lynchburg Communi1.y Loan Fund was funned ifi2001 as a non-profit in Virginia, received i!S1RS aD=d;;;;-_

    501(c)(3) n ( } ~ f i ~ a t i o n i ~ ~ Q 0 2 ; has a petpetuallife, and is c o n s i ~ < l r ~ ~ a f f i l i ~ t ~ ~ with LNDF due to shared staffcomplementary purpose!;: ........ ..._ ~ . . . . ...............___ ...______

    3_ Nonprofit Involvement.a. Is the Nonprofit assured ofowning an interest TIl the Development (either dhectly or through a whollyowned subsidiary) throughout the Compliance Period (as defined in 42(i)(I) of he Code)?

    I:g]Yes 0 No(I) Will the Nonprofit own at least 10% of he general partnership? [g] Yes 0 No(li) Will the Nonprofrt own 100"10 of he general partnership interest? [g] Yes 0 NoIfno to either 3aJ or 3a,ii above, specifically describe the Nonprofirs ownership interest:LNDF owns 100% of Village Oaks Development Corporation, the managing memberofVillage OaksTowabomes, LLC

    b. (i) Will the Nonprofit be the managing general partner? [g] Yes NoIfyes, where in the partnership agreement is this provision specifically referenced?Section 2 ofthe Operating Agreement(ii) Will the Nonprofit own more than 50% ofthe general partnership interest? CZl Yes ONo

    c. Will tbe Nonprofit have the option or right offust refusal to purchase the proposed development at theend of he compliance period for a price not to exceed the outstanding debt and exit taxes of the

    d.

    for-profit entity? CZl Yes 0 No If yes, ",nere in the partnership agreement is this provisionspecifically referenced? Section 6 of t h ~ ( ) : J : p " , e t a n = ' n g = c A = g r : : : e e " , m = e n " , t ______________CZl Recordable agreement attached TAB VIf no at the end ofthe compliance period explain how the disposition ofthe assets will be structured:

    Is the Nonprofit materially participating (regular, continuous, and substantial participation) in theconstruction or rehabilitation and operation or management of he proposed Development? CZl Yes(i) Describe the nature and extent of he Nonprofit's proposed involvement in the construction orrehabilitation of lbe Development

    No If yes,

    L ~ F . through its 100% subsidiary Village Oaks Development Corp, will have the day-to-day managementoflbe Company and, although..!,NDF remains in control ofme Companv, Ll\DF will have responsibility furall asoects of he project from pre-cievelopment and develooment through lease-up and lonR.!!mllmanagement

    (ill Describe the nature and extent of he Nonprofit's involvement in the operation or management of heDevelopment throughout the Extended Use Period (the entire tinle period of occupancy resttictions ofthe low income units in the Development);As set forth above, although LNDF will remain in control oftne Company throughout the extl::nded uSeperiod,

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    NONPROFIT QUESTIONNAIRE, continued(iii) Will the Nonprofit invest more than 500 hours annually to this venture (overall interaction)? ~ Y e s

    0"10 If yes,subdivide the annual hours by activity and staff responsible and explain in detail: Yr I Yr 2~ a u r a . . r ) u p u y , Executive Director oversight; local support; community groups. 450 450

    Denise Crews, Deputy Director program management; fund disbursement 100 100Anja Falcone, Project Assistant d e v e l o p m e n t ~ : . 150 100Glynda Flores, Program Asst. Administration 75 75Clark Charlton, RE Dev. Mgr. assist with oversight and finance 300 200Katherine Csabi, Financial Director fund management; financial reporting 200 200Al Maddox, Construction Supv. manage construCtion process 400 250

    e. Explain how the idea for the proposed development was conceived. For example, was it in response to aneed identified by a local neighborhood group? local government? board member? housing needs study?Third party consultant? other? Ll'.'DF was alerted by a Board member who is a general parmer of he entityowning the subiect Property about its impending sale. A successfulacquisition aad rehabilitation of he property ",il lhelp to meet LNlJl"smission ofpreserving and expanding

    f. List all general partners ofthe Owner of he Development (one must be the Nonprofit) and the relativepercentages of their interests:Lyochburg Neighborhood Development Foundation 100%

    g. If his is a joint venture, (i.e. the Nonprofit is not the sole general partner), explain the nature and extent ofthe joint venture partner's involvement in the construction or rehabilitation and operation or management ofthe prop.()sed development Attach a copy of he joint venture agreement: N/A ________

    h. Is a for profit entity providing development services (excluding architectural, engineering, legal, andaccounting services) to the proposed development? 0 Yes No Ifyes, (I) explain the nature and extentof he consultant's involvement in the constroclion or rehabilitation and operation or managementof he proposed development. Attach a copy of he consulting agreement.

    (ii) explain how this relationship was established. For example, did the Nonprofit solicit proposals fromseveral for profits? Did the for profit contact the Nonprofit and offer the services?

    i. Will the Nonprofit or the Owner (as identified in the application) pay a joint venture partner or consultantfee for providing development services? 0 Yes No Ifyes, explain the amount and source of hefunds for such pa}ments.

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    NONPROFIT QUESTIONNAIRE, continuedj,

    L

    Will any portion ofthe developer's fee wbich tbe Nonprofit expects to collect from its participation in the ofdevelopment be used to pay any consultant fee or any other fee to a third party entity or joint venturepartner? DYes [g] No Ifyes, explain in detail the amount and timing ofsucb payments,Attacb a copy of all applicable contracts,

    Will tbe joint venture partner or for profit consultant be compensatod (receive income) in any otber manner,such as builder's profit, architectural and engineering fees, or cash flow? DYes [g] No Ifyes, explain:

    Will any member of the board of directors, officer, or staff member of the N ~ r o f I l participate in the developmentandlor operation of the proposed development in any for-profit capacity? [:>

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    NONPROFIT QUESTIONNAIRE, continuedC. Does the Nonprofit or, ifapplicable, Related Nonprofit have experience serving the community where theproposed development is located (including advocacy, organizing, development, management, orfacilitation, but not limited to bousing initiatives)? rg]Yes D No Iryes, or no, e"plain narure, extentand duration of any service: LOIDF and its related nonprofit, l eU , provide services throughout the

    community, including advocacy, housin.'! safety, housingeounseling, financial services and capacity building.

    d. Does the Nonprofit's by laws or board resolutions provide a formal process for low income, programbeneficiaries to advise the Nonprofit On design, location of sites, development and management of affordablehousing? Yes rg] No Ifyes, explain and attach relevant documentation: _N=! '----_____

    e. Has the Virginia Department ofAgriculrure and Consumer Smices (Division of Conslliller Affairs)authorized Ihe Nonprofit to solicit contributions/donations in the target community? rg]Yes D Nof. Does the Nonprofit have demonstrated suppon (preferably financial) from established organizations,institutions, businesses and individuals in the target community? rg] Yes DNo If yes, explain :City ofLynehburg, B,B,&T, SunTrust banks,

    Tinbridge Hill Neighborhood g ~ u n c i l , College Hill Neighborhood, \ V h i t e R . : ~ c J ( Hill NeighborhoodCouncil, Lynchburg College Center for Community .i)evclopment and Social Justice; Lynchburll.Housing Ptrs,

    g, Has the Nonprofit conducted any meetings with neighborhood, civic, or community groups andlor tenantassociations to discuss the proposed development and solicit input? DYes rg] No If yes, describe themeeting dates, meeting locations, number of attendees, general discussion points, and attach the minutesof each such meeting:

    h, Are at least 33% of he members of he board of directors representatives of he communitybeing served? DYes rg] No Ifyes, (i) low-income residents of he community? DYes D No(ii) elected representatives of low-income neighborhood organizations? DYes D NoI. Are no more than 33% of he members of the board of directors representatives of the public sector (i.e. publicofficials or employees or those appointed to the board by public officials)? rg]Yes D Noj, Does the board of directors hold regular meetings which are well attended and accessible 10 the targetcommunity? rg] Yes D No If yes, explain tbe meeting schedule: LNDF's Board meets every other

    _Month with committee meetings in the interim, At1:

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    NONPROFIT QUESTIONNAIRE, continuedI. Has the Nonprofit been awarded slate or local funds for the purpose of snpporting overhead and operatingexpenses? [gJ Yes No If yes, explain in detail: LNDF engages in a yearly contract with the City

    OfLynchburg for the purpose of ncreasing housing resources in the City; LNDF has, in the past, contracted withthe City's Dept. ofCommunity Development to conduct other HOME funds

    m. Has the Nonprofit been formally designated by the local government as the principal community basednonprofit housing development organization for the selected target area? 0 Yes [gJ No If yes, explainand attach relevant documentation: N/A~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

    n. Has the Nonprofit ever applied for Low Income Housing Tax Credits for a development in which it acted as ajoint venture panner with a for profit entity'! 0 Yes [gJ No If yes, attach an explanation of each suchapplication including: the development name and location, the date of application, the Nonprofit's role in thedevelopment. the Nonprofit's ownership interest in the development, the name and principals of the jointventure partners, the name and principals of the general contractor, the name and principals of themanagement entity, the result of the application, and the current status of he proposed development.o. Has the Nonprofit ever applied for Low Income Housing Tax Credits for a development in which it acted as

    the sole general partner? 0 Yes [gJ No If yes, attach an explanation of each such proposed developmentincluding the name and location, the date of he application, the result of he application, and the current statusof he proposed development.

    p. To the best ofyour knowledge, has this development, or a similar development on the same site, everapplied for tax credits before? 0 Yes [gJ No Ifyes, explain: -'-'N"'IA-'-_________ _q. Has the Nonprofit been an owner or applicant for a development that has received a reservation in a previousapplication round from the Virginia Housing Partnership or the WIDA Housing Funds'![gJ Yes 0 No If yes, explain:Permanent financing for prior LIHTC projects, a HUD/SHP project, and SPARC mortgage funds

    r. Has the Nonprofit completed a community needs assessment that is no more than three years old and that,at a minimum, identifies all of he defined target area's housing needs and resources? 0 Yes [gJ NoIf yes, explain and attach the needs assessment:The housing plans in which LNDF has participated areBetween 1 and 7 years old; however, LNDF continues to be involved in neighborhood plans in which housing isAn identified need. LNDF participated in the City's ongoing needs assessment and planning processCoordinated by Va, Tech. And Lvnchburg College,for developing the City's comprehensive plan: LNDF was anappointed member of the City's Housing Policy Adviso.ry C o m m i ~ to make recommendations to the City'sPlanning Commission of expansion of the housing component of the Comprehensive Plan:"J,NDF works withCity staff to develop and update the Consolidated Plan for Lynchburg and the annual Continuum of Care for the

    s. Has the Nonprofit completed a community plan that (1) outlines a comprehensive strategy for addressingidentified community housing needs, (2) offers a detailed work plan and timeline for implementingthe strategy, and (3) documents that the needs assessment and comprehensive strategy were developedwith the maximum possible input from the target community? 0 Yes [gJ NoIf yes, explain and attach the plan:

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    NONPROFIT QUESTIONNAIRE, continued

    S. Attachments. Documenllltion of any oftl., above need not be submitted unles. requested by VllDA

    TIte undersigned Owner and Nonprofit hereby each corti/)' that, to the best of its knowledge, all of theIDregoing information is oomplete and accurate. Furthennore, each certifies that no attempt has been or will be mede tocircumvent the requirements fur nonprofit participation contained in the Plan or Section 42 of the Internal RevenueCode.

    ViII.ge Oaks Townhomes. LLCOwneri pplicant

    Dale

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    TABF(Architect's Certification)

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    TABG(Relocation Assistance Plan)

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    Village Oaks Townhomes, LLC agrees to abide by the VHDA RelocationGuidelines attached, in the event that resident relocation is necessaryduring the construction period.

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    Relocation Assistance GuidelinesThese guidelines are the Authority's standards for the provision of assistance to tenants forced torelocate because of changes in the use or condition of their rental units regardless of the length of theremaining lease term.Any contract for the acquisition of a site with existing residential property may not require anempty building as a condition of such contract, unless relocation assistance is provided to displacedhouseholds, if any, at such level required by the Authority below.

    I. ApplicabilitvThe guidelines apply to all developments that will displace existing tenants and must be followedto qualify for Low Income Housing Tax Credits. These guidelines will be incorporated by reference inand enforced by the Contract to Enforce Representations Regarding Low-Income Housing Tax Credit

    Development if the development qualifies for a reservation of credits.The guidelines apply to all multi-family buildings when tenant moves are required for reasonssuch as rehabilitation, demolition, and sale by contract specifying an empty building. They apply torented single-family houses when tenancies are terminated because of planned demolition.

    II. SummaQ'In the situations specified above, owners must undertake the following:

    I) Relocation payments2) Relocation assistance3) l20-day vacate notice4) Full communication of plans

    ill. Relocation PaymentsOwners must provide relocation payments to all households receiving notice to vacate thedevelopment and not return to the existing development. See item V. for Temporary Relocation. Thepayments are designed to help cover moving expenses and the additional costs of relocation. Relocationpayments for unfurnished dwelling units should be in accordance with the current moving expenseschedule for Virginia under the Uniform Relocation Act. The payments currently specified by the Actare as follows:

    Occupant owns furniture

    add'i. room

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    RELOCATION ASSISTANCE Gl:IDELINES, continued

    To each leaseholder whose gross income is less than 50% of the applicable Area Median GrossIncome (AMGI) adjusted for household size, owner/applicants must provide a relocation payment oftwice the amount listed above.

    Owners are encouraged to discuss the details of their relocation plans with the Authority staff inorder to identify special tenant circumstances that might require fine tuning of the arrangements.

    Owners must make at least half of the relocation payment when a tenant gives a definite moveout date, the remainder to be paid when the tenant actually vacates. Many need this to help pay thesecurity deposit on their next residences. Owners are urged to give careful consideration to providingrelocation payments to tenants who have not yet received their 120-day notice to vacate but havecompelling reasons to move early.IV. Relocation AssistanceOwner/applicants should provide additional relocation assistance such as:

    Expediting return of security deposits, or allowing tenants to apply them to the last month 's rent Contacting comparably priced rental complexes to request priority for persons being displaced Providing transportation for tenants needing to look at other housing, especially those who al'e

    elderly or disabled Giving attention to the special problems of timing moves for families with school age children Offering to help (trucks and drivers) move furnishings

    Relocation assistance and services should be made available to tenants not only during regularbusiness hours but during evenings and weekends to aecommodate tenants who would otherwise have [0miss work. Owners should provide tenants written materials and/or translation services in their nativelanguages if necessary.V. Temporary Relocation Assistance

    Owner/applicants must provide assistance for two moves when it is necessary for occupantsqualifying for a renovated unit to move temporarily during the renovation work and then return to arenovated unit. Assistance can be either a payment to reimburse the actual cost of the move and utilitytransfers or moving services provided by the developer and a payment to cover the cost of utilitytransfers. Tenants are expected to provide documentation of their expenses. Payment for only one moveis required if the tenant elects in writing to move to a renovated unit and not return to his or her originalunit.

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    RELOCATION ASSISTANCE GUIDELINES, continued

    VI. 120-Day Notice to VacateState law requires l20-day vacate notice for all condo and co-op conversions and for any change

    in the use of buildings with at least four rental units, These guidelines extend that notice period to allmulti-family rental units vacated due to rehabilitation or demolition, and to single-family houses beiogdemolished,VII. Full Communication of Renovation and Relocation Plans

    Owners must inform tenants of renovation and relocation plans as soon as possible, and toarrange for interpreters to help non-English speaking persons understand what the owner intends to dowith the property, Open communication with tenants about plans for the development can be helpful toboth owner and occupants by minimizing rumors and misunderstandings,

    Owners of complexes containing 20 or more units are required to submit a renovation andrelocation plan to the Authority and to affected tenants, The plan should be as complete as possible, andupdated as changes are made, The scope of the plan should be appropriate to the scale of thedevelopment being renovated, including at a minimum:

    1) Name, address and contact person for the ownerl developerl management company2) Scope of the work to be done and phasing of work, inclUding estimated timetables3) Relocation payments and services to be offered4) Anticipated rents and rental policies after the changes5) Measures planned to minimize constmction impact on occupied units,

    The plan shonld be sllbmitted to the Virginia Housing Development Authority, Multi-FamilyDevelopment Division, Attention: Tax Credit Program Administrator.VIII, Documentation of Compli1\nce

    OWner/applicants are reqllired to maintain files which can, if reqllired by the Allthority,document compliance with the above requirements, Such files shollld inclllde, bllt not be limited tocopies of relocation plans, notices, canceled checks, and other items providing evidence of compliancewith the above reqllirements,

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    RELOCATION ASSISTANCE GUIDELll\TJ3S, continued

    REQUIRED NOTICE WHEN BeILDINGS UNDERGO CHANGESection 55-222 of the Code of Virginia requires 120 days' notice to tenants being vacated fromany building containing at least 4 residential units, if the building is to be renovated, demolished, sold on

    a contract requiring an empty building, or convelted to hotel, motel. apartment hotel, or other commercialuse,Virginia Code Section 55-222

    NOTICE TO TERMINATE A TENANCY; ON WHOM SERVED; WHEN NECESSARY. - ATENANCY FROM YEAR TO YEAR MAY BE TERMINATED BY EITHER PARTY GIVING THEREMONTHS; NOTICE, IN WRITING, PRIOR TO THE END OF ANY YEAR OF THE TENANCY, OFHIS INTENTION TO TERMINATE THE SAME. A TENANCY FROM MONTH TO MONTH MA.YBE TERMINATED BY EITHER PARTY GIVING THIRTY DAYS' NOTICE IN WRITING, PRIORTO THE END OF TIIE MONTH, OF THIS INTENTION TO TERMINATE THE SAME. HOWEVER,120 DAYS' WRITTEN NOTICE IS REQUIRED IF THE TERMINATION IS DUE TOREHABILITATION OR A CHANGE IN THE USE OF ALL OR ANY PART OF A BUILDINGCONTAINING AT LEAST FOUR RESIDENTIAL UNITS. CHANGES SHALL INCLUDE BUT NOTBE LIMITED TO CONVERSION TO A HOTEL, MOTEL, APARTMENT HOTEL OR OTHERCOMMERCIAL USE, PLANNED UNIT DEVELOPMENT, REHABnnATION, DEMOLITION ORSALE TO A CONTRACT PURCHASER REQUIRING AN EMPTY BLlLDING. THIS 120-DAYREQUIREMEt-rr SHALL NOT BE WAIVED; HOWEVER, A PERIOD OF LESS THAN 120 DAYSMAY BE AGREED UPON BY BOTH THE LANDLORD AND TENANT IN A WRITTENAGREEI\1ENT SEPARATE FROM THE RENTAL AGREEMEt-rr OR LEASE EXECUTED AFTERSUCH NOTICE IS GIVEN AND APPLICABLE ONLY TO THE 120-DA Y NOTICE PERIOD. WHENSUCH NOTICE IS GIVEN TO THE TENANT IT MAYBE SERVED UPON HIM OR UPONANYONE HOLDING UNDER HIM THE LEASED PREMISES, OR ANY PART THEREOF. WHENIT IS BY THE TENANT IT MAY BE SERVED UPON ANYONE WHO, AT THE TIME, OWNS THEPREMISES IN 'WHOLE OR IN PART, OR THE AGEl'

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    TABH(PHA/Section 8 Notification Letter)

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    Village Oaks Townhomes, LLCc/o Village Oaks Development Corporation927 Church Street, Lynchburg, VA 24504

    May 8,2009

    TO: Lynchburg Regional Housing Authority918 Commerce St.Lynchburg, VA 24504Attention: Glenna WrightRE: PROPOSED AFFORDABLE HOUSING DEVELOPMENT

    Name of Development: Village Oaks TownhomesName of Owner: Village Oaks Townhomes, LLCI would like to take this opportunity to notify you of a proposed affordablehousing development to be completed in your jurisdiction. We are in the process of

    applying for federal low-income housing tax credits from the Virginia HousingDevelopment Authority (VHDA). We expect to make a representation in that applicationthat we will give leaSing preference to households on the local PHA or Section 8 waitingliSt. Units are expected to be completed and available for occupancybeginning December 1, 2010The following is a brief description of the proposed development:

    Development Address (should correspond to 1.A.2 on page 1 of the Application):2101 Murrell Rd - 2207 Murrell Rd.; 2100 Carrington Rd. - 2164 carrington Rd.; 2101Carrington Rd. - 2179 carrington Rd.; 2417 Langhome Rd. - 2423 Langhome Rd.

    Proposed Improvements: (Should correspond with I.B & D and IItA of the application)o New Construction: # Units __ # Buildings ____ Total Gross Floor Areao Adaptive Reuse: # Units # Buildings Total Gross Floor Area[81 Rehabilitation: 100 # Units -:2::-;;3:-- # Buildings 78,503 Total Gross Floor AreaProposed Rents (should correspond with VII.C of the Application):o Efficiencies: $ I month[81 1 Bedroom Units: $ 405 and 509 I month[81 2 Bedroom Units: $ 451 and 575 I month[81 3 Bedroom Units: $ 636 I montho 4 Bedroom Units: $ I month

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    PHA or SEC 8 Notification Letter, continued

    Other Descriptive Information (should correspond with information in the application):The property is an existing townhouse style community built in 1950 during the suburbanexpansion of Lynchburg. It is an excellent example of the "Garden City" style of architecturethat was characteristic of suburban rental development of that period. It is intact and largelyunchanged from its initial design. The property is located on Langhorne Rd. adjacent to ECGlass High School and near the Centra Health Hospital Campus.

    We will appreciate your assistance in identifying qualified tenants. If you haveany questions about the proposed development, please call me at (434) 846-6964.Please acknowledge receipt of this letter by signing below and returning it to me.5i cerely yours,

    fa Dupuyecutive DirectorVillage Oaks Development CorporatiManaging Member of Owner

    To be completed by the Local Housing Authority or Sec 8 Administrator:

    Seen and Acknowledged By: ~ I / fUPrinted Name: "JLA..J,4.rJ f-I. H CCAN ,,)Title: ;: ; . Z-e> o2NOTE: Any change In this form letter may result in a reduction of points under thescoring system. If you have any questions, please call Jim Chandler at VHDA(804) 343-5786.

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    TAB I(Local CEO Letter)

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    THE CITY OF LYNCHBURG, VIRGINIA

    OFFICE OF THECITY MANAGER

    900 Church Street, Lynchburg, VA 24504www.lynchburgva.govTEL: 434-455-3990FAX: 434-847-1536

    locality CEO Support letter

    May 13, 2009Jim ChandlerVirginia Housing Development Authority601 South Belvidere StreetRichmond, Virginia 23220

    VHDA Tracking Number:Development Name:Name of Owner/Applicant:

    Dear Mr, Chandler:

    2009-Z-13S"-:--=----c__Village Oaks Townhomes... Village Oaks Townhomes, l lC

    The construction or rehabilitation of the above-named development and the allocationof federal housing tax credits available under IRC Section 42 for said development willhelp to meet the housing needs and priorities of lynchburg, VA. Accordingly,Lynchburg, V A supports the allocation of federal housing tax credits requested byVillage Oaks Townhomes, LLC for this development.

    @IO!ema.thJOa,C!!yMuragementAssoc:al'on

    Yours truly, /!~ ~ ~ L Kimball Payne, IIICity Manager

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    TabJ

    lIonneovvnershipPlanNot Applicable

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    TABK(Site Control Documentation)

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    TABL(Plan of Development Certification Letter)

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    THE CITY OF LYNCHBURG, VIRGINIA

    Community DevelopmentOffice ofthe DirectorTO: Virginia Housing Development Authority

    60 I South Belvidere StreetRichmond, Virginia 23220Attention: Jim ChandlerRE: PLAN OF DEVELOPMENT CERTIFICATION

    City Hall, 900 Church StreetLynchburg, Virginia 24504 (434) 455-3900FAX. (434) 845-7630

    Name ofDevelopment: Village Oaks TownhomesName ofOwner/Applicant: Village Oaks Townhomes, LLCName ofSeller/Current Owner: Village Oaks Associates, LPThe above-referenced Owner!Applicant has asked this office to complete this form letterregarding the site plan of the proposed Development (more fully described below). This certification isrendered solely for the purpose of confirming the status of plan of development or site plan approval ofthe Development. It is understood that this letter will be used by the Virginia Housing DevelopmentAuthority solely for the purpose of determining whether the Development qualifies for points availableunder VHDA's Qualified Allocation Plan for housing tax credits.

    DEVELOPMENT DESCRIPTION: (To be provided by the Owner)Development Address (should correspond to I.A.2 on page I ofthe application):

    2101 Murrell Rd - 2207 Murrell Rd.; 2100 Carrington Rd. - 2164 Carrington Rd.; 2101 CarriRd. - 2179 Carrington Rd.; 2417 Langhorne Rd. - 2423 Langhorne Rd.

    Legal Description (should correspond to the site control document in the application):See attached

    Plan ofDevelopment Number:Proposed Improvements (should correspond with LB & D and lILA of the application):o New Construction:o Adaptive Reuse:Rehabilitation: ___ # Units ___ # Buildings--:-::-:-_ # Units --::-::--_ # Buildings100 # Units 23 # Buildings 78,503

    ____ Total Gross Floor AreaTotal Gross Floor Area- -= : -=0- - - Total Gross Floor Area

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    PLAN OF DEVELOPMENT CERTIFICATION, continuedOther Descriptive Information: (Should correspond with information in the application)

    The property is an existing townhouse style community built in 1950 during the suburban expansion ofLynchburg. It is an excellent example of he "Garden City" style ofarchitecture that was characteristic ofsuburban rental development of hat period. It is intact and largely unchanged from its initial design. Theproperty is located on Langhorne Rd. adjacent to EC Glass High School and near the Centra HealthHospital Campus.

    PLAN OF DEVELOPMENT CERTIFICATION, continued

    LOCAL CERTIFICATION: (To be completed by the appropriate local official)Check one of he following as appropriate:

    o The proposed development described above has an approved final plan of development or siteplan (as applicable to the site). No further plan of development or site plan approval is requiredbefore issuance of a building permit.IZI The proposed development is an existing development with proposed renovations and noadditional plan of development approval is needed.

    The above plan of development approval is in effect until:

    : : : N _ ~ ~ ~ ~ YYl"

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    EXHIBIT APROPERTY DESCRIPTIONTHOSE certain parcels of land, together with the buildings and improvements thereon and theprivileges and appurtenances thereto, situated in the City of Lynchburg, Virginia, and being moreparticularly described as follows:PARCEL A: BEGINNING AT AN iron on the south-westerly side of Langhorne Road at comerwith Westerly Acres Subdivision; thence with the south-westerly line of Langhorne Road S 63"09' E 125.52' to the P.e. at Carrington Road; thence with a curve to the right with a radius of15.00' length 28.86' to the P.T. on Carrington Road; thence along Carrington Road S 47 05' W540,60' to the P.C. on Carrington Road; thence with a curve to the left with a radius of 248.00'length 331.12' to the P.T. all Carrington Road; thence along Call'ington Road S 29 25' E 125.00'to the P.e. at Munell Road; thence with a curve to the right with a radius of 150.00 length 23.51'to the P.T. on Murrell Road; thence with MUI'rell Road S 60 22' W 107.05' to an iron corner withthe Miller Horne property; thence leaving Murrell Road and with the Mill Home property N 25"55' W 470.55' to an iron corner with Westerly Acres Subdivision; thence with the Westerly AcresSubdivision N 48 03' E 766,40' to the iron on Langhorne Road place of beginning, containing3.69 acres.PARCEL B: BEGINNING AT THE P.T. on Murrell Road, connecting Murrell Road withLanghorne Road; thence with the northwesterly lien of Murrell Road S 44" 22' W 709.21' to anangle in Murrell Road; thence coutiuuing along Mune!! Road S 60" 22' W 113.34' to the P.e. atCanington Road; thence with a curve to the right with a radius of 15.00' length 23.62' to the P.C.on Carringtou Road; thence along Carrington Road N 29 25' W 124.65' to the P.e. on CarringtonRoad; thence with a curve to the right with a radius of 182.00' length 243.00' to the P.T. OnCarrington Road; thence along Carrington Road N 47 05' E 575.97' to the P.C. at LanghorneRoad; thence with a curve to the right with a radius of 15,00' length 18,27' to the P.T, onLanghorne Road; thence along Langhorne Road S 63 09' E 86.73' to an angle il l LanghorneRoad; thence continuing along Langhorne Road S 49 15' E 165.40' to the P.C. at Mune!! Road;thence with a curve to the right with a radius of 15.00' length 24.51' to the P.T. on Murrell Road,to the plat of beginning, containing 5.16 acres.The land hereby conveyed is the same property designated Parcel A and Parcel B and otherwisemore particularly described upon the plat entitled "Plat of Langhorne Road Apartments, Inc."made by Maurice G. Overstreet, e.L.S., dated October 1, 1977, and recorded in the Clerk's Officeof the Circuit Court of the City of Lynchburg, Virginia in Deed Book 538, page 198.SUBmCT TO the rights of tenants in possession under unrecorded leases, as tenants only, and alleasements, reservations, restrictions, conditions and other encumbrances contained in dulyrecorded deeds, plats and other instruments constituting constructive notice in the chain of title tothe said property which have not expired by a time limitation contained therein or otherwise havebecome ineffective.BEING the same property conveyed to VILLAGE GAKS ASSOCIATES LIMITEDPARTNERSHIP, a Virginia Limited Partoership, by Deed from Clement H. Gimbert and FloraW. Gimbert, husband and wife, dated December 22, 1985 and recorded December 23, 1985, inthe Clerk's office, Circuit Court, City of Lynchburg, Virginia, in Deed Book 670, page 896.Parcel A- 2181 Carrington Rd., Lynchburg, VA-Map No. 0051016Parcel B - 2166 Carrington Rd., Lynchburg, VA -Map No. 00501001

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    TABM(Zoning Certification Letter)

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    THE CITY OF LYNCHBURG, VIRGINIA

    Community DevelopmentZoning and Natural Resources Division

    City Hall, 900 Church StreetLynchburg, Virginia 24504 (434) 455-3900FAX. (434) 845-7630

    TO : Virginia Housing Development Authority601 South Belvidere StreetRichmond, Virginia 23220Attention: Jim Chandler

    RE: WNING CERTIFICATIONName ofDevelopment: Village Oaks TownhomesName of Owner!Applicant: Village Oaks Townhomes, LLCName of Seller/Current Owner: Village Oaks Associates, LPThe above-referenced Owner/Applicant has asked this office to complete this form letter

    regarding the zoning of the proposed Development (more fully described below). This certification isrendered solely for the purpose of confirming proper zoning for the site of the Development. It isunderstood that this letter will be used by the Virginia Housing Development Authority solely for thepurpose of determining whether the Development qualifies for points available under VHDA's QualifiedAllocation Plan for housing tax credits.DEVELOPMENT DESCRIPTION: (To be provided by the Owner)Development Address: (Should correspond to IA.2 on page I of the application)

    2101 Murrell Rd - 2207 Murrell Rd.; 2100 Carrington Rd. - 2164 Carrington Rd.; 2101 CarringtonRd. - 2179 Carrington Rd.; 2417 Langhorne Rd. - 2423 Langhorne Rd.

    Legal Description (should correspond to the site control document in the application):See attached

    Proposed lmprovements (should correspond with LB & D and m.A of the application):o New Construction:o Adaptive Reuse:[gJ Rehabilitation: ___ # Units# Units-:-:1C::-O- # Units ___ # Buildings-::-::--_ # Buildings-,2::.::3,--_ # Buildings ___ Total Gross Floor Area-::::--:-:c::- Total Gross Floor Area78,503 Total Gross Floor Area

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    ZONING CERTIFICATION, Page Two

    Current Zoning: -'-'R,,4__ - :_ : - : - :_ . , -_ : -_- :c - - - - : - : : -_- - : - : - : : -__21.78 units per acre, and the following other applicable conditions: allowing a density ofZoning is proper only if the property on which the development is or will be located complies withexisting zoning requirements; provided, however, that if the zoning is not residential with an "R"designation, zoning will not be deemed to be proper, unless the ehief executive officer of the localitycertifies, on behalf of such locality, approves the request of the above-referenced Owner!Applicant tosuch 10caJity that the zoning be deemed to be proper for the sole purpose of awarding points under theQualified Allocation Plan, notwithstanding that the zoning for the property does not have an "R"designation.Other Descriptive Infonnation: (Should correspond with information in the application)The property is an existing townhouse style community built in 1950 during the suburban expansion ofLynchburg. It is an excellent example of the "Garden City" style of architecture that was characteristic ofsuburban rental development of that period. It is intact and largely unchanged from its initial design. Theproperty is located on Langhorne Rd. adjacent to EC Glass High School and near the Centra HealthHospital Campus.LOCAL CERTIFICATION: (To be completed by the appropriate local official or Civil Engineer)Check one of the following as appropriate:

    The zoning for the proposed development described above is proper and currently is an "R"zoning designation or a special use permit hss been issued. To the best ofmy knowledge, thereare presently no zoning violations outstanding on tbis property. No further zoning approvalsandlor special use pennits are required.

    o The development described above is an approved non-conforming use in an "R" zoningdesignation. To the best of my knowledge, there are presently no zoning violations outstandingon this property. No further zoning approvals andlor special use permits are required.o e site descnbed above.

    (Signature)~ ~ ~ R ~ o ~ b ~ e r t ~ S . ~ F ~ o ~ w ~ I ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - (printed Name)

    Zoning Administrator(Title of Local Official or Civil Engineer)Phone:Date: May 12,2009

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    WNING CERTIFICATION, Page Three

    To be completed only by Chief Executive Officer (applicable only if zoning does not have "R"designation):

    o The zoning for the proposed development does not have an "R" designation, however, the chiefexecutive officer of the locality certifies in the space provided below that he!she has, on behalfofsuch locality, approved the request of the above-referenced Owner!Applicant to such locality thatthe zoning be deemed to be proper for the sole purpose of awarding points under the QualifiedAllocation Plan.

    The undersigned, who is the chiefexecutive officer ofthe City/County ofVirginia, hereby certifies that he/she has, on behalfof such locality,approved the request of the above-referenced Owner!Applicant to such locality that the zoning bedeemed proper for the sole purpose of awarding points under the Qualified Allocation Plan,notwithstanding that the zoning for the property does not have an "R" designation.

    (Signature)

    (printed Name)

    (Title of Chief Executive Officer)

    Date:

    NOTE TO LOCALITY:1. Return this certification to the developer for inclusion in the tax credit application package.2. Any change in tbis form may result in a reduction of points under the scoring system. I f you haveauy questions, please caU .f1m Chandler at VHDA (804) 343-5786.NOTE TO DEVELOPER: Yon are strongly encouraged to submit this certification to the appropria te loealofficial at least three weeks in advance of the appUcation deadline to ensure adeqnate time for review andapproval.

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    EXHffiITAPROPERTY DESCRIPTION

    THOSE certain parcels of land, together with the buildings and improvements thereon and theprivileges and appurtenances thereto, situated in the City of Lynchburg, Virginia, and being moreparticularly described as follows:PARCEL A: BEGINNING AT AN iron on the south-westerly side of Langhome Road at cornerwith Westerly Acres Subdivision; thence with the south-westerly line of Langhorne Road S 6309' E 125.52' to the P.C. at Carrington Road; thence with a curve to the right with a radius of15.00' length 28.86' to the P.T. on Carrington Road; thence along Carrington Road S 47' 05' W540.60' to the P.e. on Canington Road; thence with a curve to the left with a radius of 248.00'length 331.12' to the PT. on Carrington Road; thence along Carlington Road S 29" 25' E 125.00'to the P.C. at Murrell Road; thence with a curve to the right with a radius of 150.00 length 23.51'to the P.T. on MUlTell Road; thence with Munell Road S 60" 22' W 107.05' to an iron corner withthe Miller Home property; thence leaving Murrell Road and with the Mill Home property N 25"55' W 470.55' to an iron corner with Westerly Acres Subdivision; thence with the Westerly AcresSubdivision N 48' 03' E 766.40' to the iron on Langhorne Road place of beginning, containing3.69 acres.PARCEL B: BEGINNING AT THE PT. on MUlTell Road, connecting Murrell Road withLanghome Road; thence with the northwesterly lien of Murrell Road S 44 22' W 709.21' to anangle in Murrell Road; thence continuing along Murrell Road S 60" 22' W 113.34' to the P.C. atCarrington Road; thence with a curve to the right with a radius of 15.00' length 23.62' to the P.C.on Carrington Road; thence along CalTington Road N 29 25' W 124.65' to the P.C. on CarringtonRoad; thence with a curve to the right with a radius of 182.00' length 243.00' to the P.T. OnCarrington Road; thence along Carrington Road N 47 OS' E 575.97' to the P.e. at LanghorneRoad; thence with a curve to the right with a radius of 15.00' length 18.27' to the PT. onLanghome Road; thence along Langhorne Road S 63" 09' E 86.73' to an angle in LanghomeRoad; thence continuing along Langhorne Road S 49 IS' E 165.40' to the P.C. at Murrell Road;thence with a curve to the right with a radius of 15.00' length 24.51' to the P.T. on Murrell Road,to the plat of beginning, containing 5.16 acres.The land hereby conveyed is the same property designated Parcel A and Parcel B and otherwisemore particularly described upon the plat entitled "Plat of Langhorne Road Apattments, Inc."made by Maurice G. Overstreet, CLS., dated October 1, 1977, and recorded in the Clerk's Officeof the Circuit Court of the City of Lynchburg, Virginia in Deed Book 538, page 198.SUBJECT TO the rights of tenants in possession under unrecorded leases, as tenants only, and alleasements, reservations, restrictions, conditions and other encumbrances contained in dulyrecorded deeds, plats and other instruments constituting constructive notice in the chain of title tothe said property which have not expired by a time limitation contained therein or otherwise havebecome ineffective.BEING the same property conveyed to VILLAGE OAKS ASSOCIATES IlMITEDPARTNERSHIP, a Virginia Limited Partnership. by Deed from Clement H. Gimbert and FloraW. Gimbert, husband and wife, dated December 22, 1985 and recorded December 23, 1985, inthe Clerk's office, Circuit Court, City of Lynchburg, Virginia, in Deed Book 670, page 896.ParcelA - 2181 Cmington Rd., Lynchburg, VA - Map No. 0051016Parcel B -2166 Carrington Rd., Lynchburg, VA Map No. 00501001

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    TABN(Copies of 8609's To Certify Developer Experience)

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    12/20/2895 13:02 8042789783

    _8609 Low-Income Housing CreditAllocation CertificationAllocation of Cnodit.

    A Add.... 01 buildlng!do notllSG P. O. boi ( . . nsIJudions)1021 C o u r ~ StreetLynchbUrg, VA 24504C Ham., address, IlJId TIN"'building owner _'ACen t ra l City B.omQs..~ 2 ' Church StreetL y n c ~ u ~ , VA 24504TIll 1 1 ~ l ' ? , 4

    B Name IlJIdadd . . .of ..... In!I cmfltagonc;yV i r g 1 n ~ a Housing Oevelopment A u t h o . ~ t y 601 s. $e1vidare S t ~ ~ t D E m p l ~ identiIioaIkm IMtIber 01

    U-Og21892E i;fenlilicalionnum\lof !BIN)

    VA020700.2$ 1,931

    PAGE 94/37

    1a Del&OfalocaliQn 1 2 / ~ G / 0 2 h M a l d m u m h o u s i n g e m l t d l l l l l ! l a m o ~ n t a J ~ . 1b1 - - - - + - - - - - -2 Maximum eppIiGabIe teI1I sI

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    _8609 Low-Income Housing CreditAllocation Certification OMS N>.154fH)988

    Deparmentof!he 1!eaSUl"f The building owner must attach Form 8&09 and AttachmentIn!emal Reenue:s:--::={99J:...L_______ S : C : : h . : d ~ U " ' ~ A ~ I F : o n n : : 8 8 8 = 9 1 ~ t o ~ ~ : : . ' : : F < : : : d ~ e r ~ . I ~ l n ~ " " ? : m : e ~ l a X ~ r e : : ! l u : m : : . . ______ . J L _ ! l c ! ! ! ! ~ ~ 3 6 ! . . . __

    Allocation of CreditCneok If: o Addition Basis o Amended FormA Address of building (do not use P. O. box] (see i n s t r u c ~ o n s ) 511 HarrisonLynchburg, VA 24504C Name, address, and TIN of building owner receiving allocationCollege Hill Homes, LP927 Church S t r e e t~ y n c h b u r g , VA 24504

    TIN' 54-1985874

    B Name and a d d r ~ of housing credit agencyVirginia Housing Development Authority601 S. Belvidere Stree tVA 23220D Employer identification number of agency

    54-0921892

    E Building identification number (BIN)VAOll1001

    1.2

    Date of allocation 12121/01 b Maximum housing credit dO/lar amount allowable.Maximum applicable credit percentage allowable

    3a Maximum qualified basis ................................. , ..... .b Check here t8l If Ihe eligible basis used in the computation of line 3a was Increased underthe hlgh-rost area provisions of section 42(d)(5)(C). Enter the percentage to which the eligiblebasis was increased (see instructions) ...... , . , , ................... , . '" . ,

    4 Percentage of the aggrega