Tax Credit Assistance Program (Tcap)Application

TAX CREDIT ASSISTANCE PROGRAM (TCAP)APPLICATION

TABLE OF CONTENTS

Tab 1

PART A. ACTIVITY OVERVIEW

PART B. APPLICANT INFORMATION

PART C. FUNDING REQUEST

PART D. CROSS-CUTTING FEDERAL REQUIREMENTS

PART E. SELECTION CRITERIA

Tab 2

PART A. RENT SCHEDULE

PART B. UTILITY ALLOWANCES

PART C. ANNUAL OPERATION EXPENSES

PART D. 30 YEAR RENTAL HOUSING OPERATING PROGRAM

Tab 3

PART A. DEVELOPMENT COST SCHEDULE

PART B. OFFSITE COSTS BREAKDOWN

PART C. SITE WORK COSTS

Tab 4

PART A. SUMMARY SOURCES AND USES OF FUNDS

PART B. FINANCING PARTICIPANTS

Tab 5

PART A. CERTIFICATION OF PRINCIPAL

PART B. PREVIOUS PARTICIPATION and BACKGROUND CERTIFICATION FORM

Tab 6

DEVELOPMENT OWNER CERTIFICATION

Tab 7

SITE INFORMATION

Tab 8

ACQUISITION AND/OR REHABILITATION

NOTE: The following additional TCAP exhibits are contained in the 2009 TCAP Excel Inserts link on the TCAP Applications page of the Department’s website:

Tab 2

Part A. Rent Schedule

Part B. Utility Allowances

Part C. Annual Operating Expenses

Part D. 30 Year RentalHousing Operating Proforma

Tab 3

Part A. Development Cost Schedule

Part B. Offsite Costs Breakdown

Part C. Site Work Costs

Tab 4

Part A. Summary of Sources and Uses

TAX CREDIT ASSISTANCE PROGRAM (TCAP) APPLICATION

Texas Department of Housing and Community Affairs (TDHCA)

Mailing Address: P.O. Box 13941, Austin, TX 78711-3941

Physical Address: 221 East 11th Street, Austin, TX 78701

The undersigned hereby makes Application to TDHCA for financial assistance. The Applicant has read and understands the Application instructions, has read and understands §49.9(c), Adherence to Obligations, of the 2009 Qualified Allocation Plan and Rules, and certifies that all information herein is true and correct to the best of their knowledge and belief. By signing this document, Applicant is affirming that all statements and representations made in this document are true and correct under penalty of Chapter 37 of the Texas Penal Code titled Perjury and Other Falsification and subject to criminal penalties as defined by the State of Texas. TEX. PENAL CODE ANN. §§37.01 et seq. (VERNON 2003 & SUPP. 2007).

Submitted Application must be signed by a representative with authority to execute documents on the Applicant’s behalf.

Applicant’s Authorized Representative’s Signature / Representative’s Printed Name, Title / Date

Tab 1

PART A. ACTIVITY OVERVIEW

1.Multifamily Rental Development Name and Location

Development Name:
TDHCA assigned Application number for existing Award of LIHTC:

2.Award of LIHTC Information

Ceiling Year of Award of LIHTC:

Date of Board approval:

The Determination Notice, Commitment Notice, and or/Carryover Agreement is/are included behind this Exhibit.

PART B. APPLICANT INFORMATION

Provide the contact data for the Applicant’s staff person who is responsible for Application and contract administration. This primary contact will not be the consultant or the end service provider.

1.Applicant Contact Information

Applicant Legal Name:
Applicant Contact Name:
Mailing Address: / City: / State / ZIP:
Phone: / () - / Fax: / () - / Email:

If Applicant’s “Physical Address” is different from the “Mailing Address,” provide the physical address below:

Applicant Physical Address:
City: / State: / ZIP:
2nd Contact Name (required):
Phone: / () - / Fax: / () - / Email:

PART C. FUNDING REQUEST

1.Funding Request

Complete the table(s) below to describe the Applicant’s funding request for TCAP Initiatives:

EquityBridge Loan Initiative / Amount Requested: / $
Repayment Term:
This request has been accounted for in the pricing and pay-in schedule reflected in the Syndication Commitment included in Tab 4.
I understand that this request must correspond with the points elected in Part E of this Tab.
Permanent Loan Replacement/Equity Risk Reduction Initiative / Amount Requested: / $
Interest Rate:
Loan Amortization:
Loan Term:
Lien Position:
I understand that this request must correspond with the points elected in Part E of this Tab.
Tax Credit Replacement Initiative / Amount Requested:
This request has been accounted for in the credits anticipated the Syndication Commitment included in Tab 4.
I understand that this request must correspond with the points elected in Part E of this Tab.

2.Return of existing tax credit allocation/award

Please complete the following table if the Application contemplates the partial return of any existing Award of LIHTC as may be required (or elected at Applicant’s option) under the TCAP Initiative elected*. Any return of credits will only occur if the subject Application is awarded TCAP funds.

Amount of Credits Returned: / $ / Gap in financing created from return of credits: / $

* Under the Tax Credit Replacement Initiative, if the Applicant agrees to return a portion of their Award of LIHTC, they may substitute the gap in equity using a credit price equal to the anticipated price from the syndicator of the remaining credit or if full replacement is anticipated, the lesser of $0.85 per dollar of credit or the anticipated price in the last Board approved analysis (i.e. the later of original underwriting, amendment or additional allocation on November 13, 2008).A good faith effort must be made to sell as many of the awarded credits as circumstances and market conditions allow. However, if a developer cannot use or sell all of the tax credits awarded to a project, adjustments can be made to the amount of credits allocated.

PART D. CROSS-CUTTING FEDERAL REQUIREMENTS

1.DUNS NumberANDCCR Registration

The Office of Management and Budget (OMB) requires grant applicants to provide a Dunn and Bradstreet (D&B) Data Universal Numbering System (DUNS) number when applying for Federal grants, including HOME funds, on or after October 1, 2003. The DUNS number will supplement other identifiers required by statute or regulation, such as tax identification numbers. Applicants must also register with the Central Contractor Registration (CCR) database, see the website at To apply for a DUNS number applicants can go to the Dunn & Bradstreet website at:

DUNS Number: / Registrant Name:
Evidence of CCR Registration is attached behind this exhibit. Yes No

2.Environmental Clearance

All Applications for Rental Housing Development funds must complete an environmental clearance process in accordance with 24 CFR Parts 50 and 58.A Phase I Environmental Site Assessment (ESA) will not satisfy the environmental clearance required for use of TCAP funds.

Has the development already received Environmental Clearance from HUD under 24 CFR Parts 50 or 58? Yes No

If “Yes”, was this Environmental Clearance received through the Department? Yes No

Has the development received an Environmental Clearance under 24 CFR Parts 50 or 58 from any other entity?

Yes No

Documentation of HUD Environmental Clearance has been included behind this exhibit.

I have reviewed the environmental clearance materials available on the Department’s website ( and understand that environmental clearance must be received prior to closing and engaging in any choice limiting activities (24 CFR§58.22).

3.Davis Bacon Labor Standards

24 CFR §92.354, Davis-Bacon Act (40 U.S.C. §§276(a)-276(a)(5), the Davis-Bacon Related Acts, the Contract Work Hours and Safety Standards Act, and the Copeland (Anti-Kickback) Act (40 U.S.C. §276(c)) apply to developments being assisted with TCAP funds if:

Select all that apply: / Twelve (12) or more TCAP assisted units will be rehabilitated or constructed under one construction contract or twelve (12) or more TCAP assisted units are in one Development.
Community Development Block Grant (CDBG) funds are being used to support the development, which requires a lower number of units (8) be used as a threshold.
The construction includes commercial/community space and the cost for such space will exceed $2,000.
Mortgage insurance under §223(f) of the National Housing Act is obtained on the Development, and the construction costs exceed $6,500 per dwelling unit.

4.Lead-Based Paint

Check each as applicable:

This application proposes New Construction (Exempt from Lead Based Paint requirements)

This application proposes Rehabilitation or Reconstruction (Continue to next selections)

Was the development built before January 1, 1978? Yes No

If “Yes”, check each of the following that applies [24 CFR 35.115]:

Emergency repairs to the property are being performed to safeguard against imminent danger to human life, health or safety, or to protect the property from further structural damage due to natural disaster, fire or structural collapse. The exemption applies only to repairs necessary to respond to the emergency.

The property will not be used for human residential habitation. This does not apply to common areas such as hallways and stairways of residential and mixed-use properties.

Housing “exclusively” for the elderly or persons with disabilities, with the provision that children less than six years of age will not reside in the dwelling unit.

An inspection performed according to HUD standards found the property contained no lead-based paint.

According to documented methodologies, lead-based paint has been identified and removed; and the property has achieved clearance.

The rehabilitation will not disturb any painted surface.

The property has no bedrooms.

The property is currently vacant and will remain vacant until demolition.

Compliance with 24 CFR Part 35 (Lead Safe Housing Rule) is required and documentation, including but not limited to the documentation reflected in the following clauses, will be maintained in project files for properties constructed before January 1, 1978. Standard forms are available in the Federal Register (FR), as indicated by the sources noted below.

Applicability Form 24 CFR part 35.115 – A copy of a statement indicating that the property is covered by or exempt from Lead Safe Housing Rule. Note: (A) If the property is exempt, the file should include the reason for the exemption and no further documentation is required; (B) if the property is covered by the Rule, the file should include the appropriate documentation to indicate basic compliance, as listed below.
Summary Paint Testing Report or Presumption Notice 24 CFR 35.930(a) – A copy of any report to indicate the presence of lead-based paint (LBP) for projects receiving up to $5,000 per unit in rehabilitation assistance. If no testing was performed, then LBP is presumed to be on all disturbed surfaces.
Risk Assessment Report 24 CFR §35.930(c) (2) – A copy of a report (in addition to the requirements of §35.930(a)) to indicate any presence of lead-based paint hazards for projects receiving more than $5,000 per unit in rehabilitation assistance. Note: If the property receives more than $25,000 in assistance, more stringent requirements apply, including compliance with applicable state requirements, as appropriate. [See 24 CFR 35.930(d)].
Notice of Evaluation 24 CFR 35.125(a) – A copy of a notice demonstrating that an evaluation summary was provided to residents following a lead-based-paint inspection, risk assessment or paint testing.
Clearance Report 24 CFR 35.930(b) (3) – A report indicating a “clearance examination” was performed of the work-site upon completion.
Notice of Hazard Reduction Completion 24 CFR 35.125(b) – Upon completion, a copy of a notice to show that a LBP remediation summary was provided to residents.

Tab 1

PART E. SELECTION CRITERIA

Instructions: Complete the following form and indicate all points requested for this Application. The points elected must correspond with the information reflected in the remainder of the application and supported by all applicable documentationreflected in the Application Submission Procedures Manual.

Note: Points for any given criterium will only be awarded if requested. If points are not requested, but documentation is provided to substantiate points for a particular scoring item, points will not be awarded.

TCAP Policy Supplement §4 / Point Category / Points Requested
(a) / Base Points(equal to the final Department designated points on which the application's original Award of LIHTC was based, less any adjustments resulting from subsequent Board approved amendments)
(b) / Credit Pricing Incentive (See chart in TASPM)
(c) / Equity Bridge Loan Points(See chart in TASPM)
(d) / Permanent Loan Replacement/Equity Risk Reduction & Tax Credit Replacement Points (See chart in TASPM)
(e) / Single Purpose Points (200 Points)
(f) / Rural Development Points (100 Points)
TOTAL POINTS

The undersigned hereby makes Application to TDHCA for financial assistance. The Applicant has read and understands the Application instructions, has read and understands §49.9(c), Adherence to Obligations, of the 2009 Qualified Allocation Plan and Rules, and certifies that all information herein is true and correct to the best of their knowledge and belief. By signing this document, Applicant is affirming that all statements and representations made in this document are true and correct under penalty of Chapter 37 of the Texas Penal Code titled Perjury and Other Falsification and subject to criminal penalties as defined by the State of Texas. TEX. PENAL CODE ANN. §§37.01 et seq. (VERNON 2003 & SUPP. 2007).

I acknowledge that this form may not be re-submitted to the Department without a specific request for a revised form from the Department. I also acknowledge that pursuant to the QAP, any documentation submitted to the Department after Application submission in response to a Deficiency Notice could affect eligibility for points, to the extent that the review of Administrative Deficiency documentation alters the score assigned to the Application.

This document must be signed by a representative with authority to execute documents on the Applicant’s behalf.

Signature of Applicant/Owner

Title

Date

Tab 2

REMOVE THIS PAGE and Insert the following:

PART A. RENT SCHEDULE

“Part B. Rent schedule” from “2009 TCAP Excel Inserts” link on the

TCAP Applications page of the Department’s website

PART B. UTILITY ALLOWANCES

“Part C. Utility Allowances”from “2009 TCAP Excel Inserts” link on the