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HomeMy WebLinkAboutResolution - 08-08 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 08-08 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING AN OWNER PARTICIPATION AND CONTRIBUTION AGREEMENT AMONGST THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, LINC HOUSING CORPORATION AND LINC-TERRACINA APARTMENTS HOUSING INVESTORS, L.P., CONCERNING THE PROVISION OF FINANCIAL ASSISTANCE BY THE AGENCY FOR THE PURCHASE AND DEVELOPMENT OF IMPROVEMENTS ON THE PROPERTY LOCATED AT 1826 SOUTH SANTA FE AVENUE IN THE CITY OF SAN JACINTO WHEREAS, pursuant to the provisions of California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) ("CRL"), the City Council ("City Council") of the City of San Jacinto ("City") approved and adopted a redevelopment plan CRedevelopment Plan")for the San Jacinto Redevelopment Project Area ("Project Area"); and WHEREAS, the Redevelopment Agency of the City ("Agency") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Project Area; and WHEREAS, the LINC-Terracina Apartments Housing Investors, L.P. ("Owner") intends to acquire that certain real property situated within the Agency's Project Area and, generally, located at 1825 South Santa Fe Avenue in the City of San Jacinto (the "Property"); and WHEREAS, LINC Housing Corporation ("LINC") is the general partner of Owner, and WHEREAS, the Property is currently improved with a fifty-six (56) unit multifamily apartment complex comprised of thirty-three (33) two-bedroom Units and twenty-three (23) three-bedroom Units, including a manager's unit, a pool, children's playground and an on-site laundry facility; and WHEREAS, Owner intends to purchase the Property and to rehabilitate the existing building improvements on the Property, including the conversion of one existing two (2) bedroom dwelling unit into a community room and the implementation of energy efficient upgrades (the"Project"); and 1 WHEREAS, LING has requested that the Agency provide financial assistance for the Project in exchange for the recordation of affordability covenants against the Property pursuant to a regulatory agreement; and WHEREAS, the regulatory agreement, among other things, restricts all units in the Project to affordable rent at or below sixty percent (60%) of the area median income for a term of sixty nine years ("Regulatory Agreement'); WHEREAS, the Agency desires to provide financial assistance to LING in the form of a grant in the total amount of$1,820,200 (°Agency Grant"), to be used by LING as a capital contribution to Owner for the Project; and WHEREAS, the Agency Grant is proposed to be funded from the proceeds of the Agency's 2005 Tax Exempt Bond Refinance; and WHEREAS, completion of the Project on the Property will improve and preserve the supply of affordable housing in the Project Area; and WHEREAS, additional Project financing includes a $3,500,000 tax exempt bond loan from California Statewide Communities Development Authority; tax credit financing in the amount of $1,809,000 through the State of California Tax Credit Allocation Committee; and assumption of an existing loan from the California Department of Housing and Community Development in the amount of $1,748,685 ("Additional Project Financing'). The balance of funds $408,429 will be provided through deferral of owner equity. WHEREAS, Owner has asked that the Agency agree to subordinate the Agreement and the Regulatory Agreement, as may be required, to the Additional Project Financing, as an economically feasible method of financing construction of the Project would not be available without such subordination. WHEREAS, Agency agrees that an economically feasible method of financing construction of the Project would be available without such subordination. WHEREAS, a copy of the Agreement and the Regulatory Agreement are on file at the Agency Secretary's office and available for review during normal business hours of the Agency. WHEREAS, Agency staff has determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15301. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 2 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the San Jacinto Redevelopment Agency as follows: Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution as though fully set forth herein. Section 2. The Agency Board approves the Agreement and the Regulatory Agreement in substantially the form on file with the Agency Secretary. Section 3. The Executive Director is hereby authorized to execute the Agreement and the Regulatory Agreement on behalf of the Agency, together with such changes and amendments as may be approved by both the Executive Director and Agency Counsel. The Executive Director is further authorized to take any actions and execute any and all necessary documents to implement the Agreement. Section 4. The Finance Director is authorized to transfer $1,820,000 of the 2005 Tax Exempt Bond Refinance Low and Moderate Income Housing funds into an escrow for funding of the Project, as set forth in the Agreement and as directed by escrow instructions approved by Agency Counsel. Section 5. The Agency Board directs staff to file a Notice of Exemption with the Riverside County Clerk's Office within five (5) working days of the adoption of this Resolution. Section 6. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED, this 1 M day of June, 2008, by the following vote: Ayes: Carlson, Mansperger, Stubblefield, Ayres Nays: None Absent: Ritchie Abstain: None San Jacinto R evelopment Agency Ay hairman W. ATTEST: A Al" D rothy L. h uinard, Agency Secretary 3 APPROVED AS TO FORM: BEST BEST& KRIEGER LLP Jeffrey S. Ballinger, Agency Counsel 4