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HomeMy WebLinkAbout2009-02-11 e-packet~Tx sAN~, O'c ~^i 1„` ~{'pq~ _~ -~- _ U O ~~--_.- ~`~L I FOR~~~' AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY FEBRUARY 11, 2009 6:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meeting of the Redevelopment Agency is held on the second Wednesday of each month at 6:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter Inay be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. KARYL MATSUMOTO Chair MARK N. ADDIEGO Vice Chair RICHARD A. GARBARINO Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director PEDRO GONZALEZ Boardmember KEVIN MULLIN Boardmember KRISTA MARTINELLI-CARSON Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk's Office located at City Hall. If, however, the document or writing is riot distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of January 14, 2009 .and January 28, 2009. 2. Motion to approve the expense claims of February 1 1, 2009. 3. Resolution authorizing the execution of a Subordination Agreement with Willow Gardens Housing Associates (an affiliate ofMid-Peninsula Housing Coalition) and Union Bank for the Willow Gardens Revitalization Project and malting a finding that an alternative method of refinancing in not reasonably available without subordination. PUBLIC HEARING 4. Hyatt Place Hotel Vijay Patel/applicant SRI Krishna Enterprises/owner 550 Gateway Blvd P07-0073: PP07-0001, SIGN07-0047, VAR07-0004, TDM08-0003, DR07-0046 & 1VIND07-0003 Precise Plan, Type "C" Sign Permit, Design Review, Transportation Demand Management Plan & Variance applications fora 166 room, eight-story Hyatt Place Hotel, at 550 Gateway Boulevard, in the Gateway Specific Plan District in accordance with SSFMC chapters 20.57, 20.85, 20.86 & 20.120. Continued from regular meetings of November 12, 2008, December 10, 2008 and January 14, 2009. Motion to Continue to the regular meeting of March 11, 2009. ADMINISTRATIVE BUSINESS 5. Annual Redevelopment Reporting Requirements. ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING FEBRUARY 11, 2009 AGENDA PAGE 2 7~~TN SANF'~ o`` ~- `-'`~;''~ a- ~, ~: o ~..:~--~ ~9LIFOR~~~ MINUTES ~A AGENDA ITEM # 1 DRAFT REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICES BUILDING COMMUNITY ROOM WEDNESDAY, JANUARY 14, 2009 CALLED TO ORDER: ROLL CALL AGENDA REVIEW None. PUBLIC COMMENTS None. 6:32 p.m. Present: Boardmembers Garbarino, Gonzalez and Mullin, Vice Chairman Addiego and Chairwoman Matsumoto. Absent: None. CONSENT CALENDAR 1. Motion to approve the minutes of the meetings of December 10, 2008 and December 17, 2008. 2. Motion to approve the expense claims of January 14, 2009 in the amount of $854,255.50. 3 . Resolution No. 1-2009 approving a contract with Interstate Grading and Paving, Inc., of South San Francisco, California, for building demolition of 212 and 216 Baden Avenue in an amount not to exceed $78,800. Motion-Boardmember Garbarino/Vice Chairman Addiego: to approve consent Calendar Items Nos. 1 & 2. Unanimously approved by voice vote. Item No. 3: Boardmember Gonzalez observed that one of the buildings scheduled for demolition was constructed of brick. He questioned whether the bricks could be saved and reused by the City. Director of Public Works White responded that consistent with the SSF Municipal Code, the proposed agreement would require the Contractor to recycle the bricks. Accordingly, the Contractor would likely take the bricks to a recycler who would resell or pulverize them for another use. Boardmember Gonzalez questioned whether there would be a way for the City to make use of the bricks in future construction. Director White responded that staff looked into whether the bricks could be reused by the City and the initial indication was that they would not be worth saving given the type of construction on the building. Vice Chairman Addiego acknowledged that while saving the bricks was a wonderful opportunity, economically the amount of labor to clean and reuse them might not have been practical. He questioned the contingency on the project. Director White responded the contingency was large because the project was small. He further explained contingencies are graded up or down based on the job at issue. Chairwoman Matsumoto advised she was pleased to see so many bidders on the project. In the future she requested that a two (2) cost bid be utilized where brick preservation or similar matters are at issue. However, she was satisfied that staff had looked into the cost of preserving the bricks in this instance. Boardmember Gonzalez questioned how plans for destruction of the building would affect the nearby bakery. Director White responded the bakery owner had been consulted and was pleased the demolition would lead to additional parking in the area. He further added the demolition would take place quickly and dust controls would be employed. Motion -Boardmember Gonzalez/Second -Boardmember Garbarino: to approve Resolution No. 1-2009. Unanimously approved by voice vote. PUBLIC HEARING 4. Type "C" Sign -Banners Boston Properties/Owner Genentech, Inc./Applicant P08-0079: PP08-0003 & SIGNS08-0048 Precise Plan to approve a Type C Sign Permit to allow installation of one employee oriented banner sign at the Genentech Campus located at 651 Gateway Blvd. in accordance with South San Francisco Municipal Code Sections 20.57, 20.76 and 20.86. Public Hearing Opened: 6:41 p.m. Senior Planner Beaudin presented the staff report recommending approval of an application including a precise plan for a type C sign permit to permit one employee oriented sign at 651 Gateway Blvd. He explained that over the past year, Genentech had been moving REGULAR REDEVELOPMENT AGENCY MEETING JANUARY 14, 2009 MINUTES PAGE 2 forward with its employee success program. He presented a visual of the Genentech Campus that depicted locations previously approved for the sign program. The current proposal had been reviewed by the Planning Commission and approval was pending based upon the outcome of the sign ordinance text amendment that would be before Council For second reading later in the evening. Geraldine O'Connor of Genentech appeared before the Agency and thanked it for consideration of the Company's request for review of one (1) new patient display location on the Gateway Campus. She advised the patient success story program had succeeded at reminding employees of the impact of their daily work. She presented a sampling of the signs and remarked the Company designed them in accordance with artistic principles reflecting the art of signs. She advised that Genentech continued to grow and was proposing to expand the sign program accordingly. The proposed display location included the glass facade near the cafeteria area. Public Hearing closed: 6:47 p.m. Boardmember Gonzalez questioned whether Genentech would propose additional sign locations in the future. Senior Planner Beaudin believed the sign program would be complete at this time, given that all proposed spaces were occupied. Boardmember Mullin questioned whether Genentech was enabled to update the signs with new patient stories on an ongoing basis. Senior Planner Beaudin stated proposed new signs would go through the Planning Department for review pertinent to content updating. Motion -Boardmember Gonzalez/Second -Boardmember Mullin: to approve a Type C Sign Permit to allow installation of one employee oriented banner sign at the Genentech Campus located at 651 Gateway Blvd. in accordance with South San Francisco Municipal Code Sections 20.57, -20.76 and 20.86. Unanimously approved by voice vote. 5. Hyatt Place Hotel Vijay Patel/applicant SRI Krishna Enterprises/owner 550 Gateway Blvd P07-0073: PP07-0001, SIGN07-0047, MND07-0003 VAR07-0004, TDM08-0003, DR07-0046 & Precise Plan, Type "C" Sign Permit, Design Review, Transportation Demand Management Plan & Variance applications fora 16b room, eight-story Hyatt Place Hotel, at 550 Gateway Boulevard, in the Gateway Specific Plan District in accordance with SSFMC chapters 20.57, 20.85, 20.86 & 20.120. Continued from Regular Meetings of November 12, 2008 and December 10, 2008. Public Hearing opened: 6:50 p.m. REGULAR REDEVELOPMENT AGENCY MEETING JANUARY 14, 2009 MINUTES PAGE 3 Senior Planner Beaudin advised the applicant requested a continuance to February 1 1. 2009, which would permit hiln to address the concerns the Agency raised at an earlier public hearing on the matter. Public Hearing closed: 6:51 p.m. Motion -Boardmember Mullin/Second -Boardmember Garbarino: to continue the public hearing of the matter to the Regular Meeting scheduled for February 11, 2009. Unanimously approved by voice vote. ADJOURNMENT Being no further business, Chairwoman Matsumoto adjourned the meeting at 6:51 p.m. Submitted by:, Krista rtine i-Larson, Clerk City of South n Francisco Approved: Karyl Matsumoto, Chairwoman City of South San Francisco REGULAR REDEVELOPMENT AGENCY MEETING MINUTES JANUARY 14, 2009 PAGE 4 ~zx S _ MINUTE S ~o ,,,., :~~~ SPECIAL MEETING o REDEVELOPMENT AGENCY c'~LIFOR~1~ CITY OF SOUTH SAN FRANCISCO CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MUNICIPAL BUILDING COMMUNITY ROOM 33 ARROYO DRIVF, SOUTH SAN FRANCISCO WEDNESDAY, JANUARY 28, 2009 City Council Meeting Called to Order: Redevelopment Agency Meeting Called to Order: City Council and Redevelopment Agency Roll Call: * For reporting purposes, participants are referred to by dleir titles affiliated with the City Council. Public Comments -Comments were limited to items on the Special Meeting Agenda. None. 2. Presentation - ROMA Design Group, regarding preliminary design concepts for the potential redevelopment of Oyster Point in conjunction with ongoing discussions with Oyster Point Ventures, LLC regarding redevelopment of the Oyster Point Business Park. Assistant City Manager Van Duyn presented the staff report introducing a presentation from ROMA Design Group ("ROMA"). ROMA had presented a similar report to the Harbor District Subcommittee. Assistant City Manager Van Duyn explained the presentation would focus on the part of the plan that pertained to publicly held portions of site, which would be planned to complement the SKS Shorenstein project and work towards revitalizing the Oyster Point Marina. He requested that after listening to ROMA's presentation, Council advise as to 6:03 p.m. 6:03 p.m. DRAFT Present: Councilmen/Boardinembers Garbarino, Gonzalez and Mullin, Vice Mayor/Vice Chairman Addiego and Mayor/Chairwoman Matsumoto. Absent: None. whether the plan was moving in the right direction. Mayor Matsumoto questioned timing of the plan and negotiations with SKS Shorenstein. Assistant City Manager Van Duyn advised SKS had a window in which to purchase options on the King Venture leases. However, SKS did not want to pursue the options until an MOU with the City was finalized. Boris Dramov of ROMA advised the firm had designed the Ferry Building and had taken a look at the project proposed by SKS. He opined the opportunity brought to life by the proposed life sciences campus was a step in the right direction that would strengthen the market in the area and bring a significant population to the Marina. ROMA considered these factors when putting the preliminary design together. Mr. Dramov advised the design called for a phased approach to confrontation of infrastructure issues, which was permitted by the timeline on the SKS project. During this time, multiple land use options were possible. Mr. Dramov then presented a schematic map of the area, which highlighted the publicly owned parcels in the Marina. He drew attention to the entrance to the site which faced the waterfront and would create a sense of arrival. He then reviewed options for several of the parcels, including recreational fields, a hotel site and parking. He emphasized that as the market in the area unfolded, parcel uses could be redesignated and configurations could be revisited. The present design allowed for such flexibility. Councilman Gonzalez expressed concern about designating parcels for use as recreational fields when the parcels may need to be adjusted for other uses in the future. He stressed the difficulty of taking away a community field once established. Mayor Matsumoto thanked ROMA for incorporating recreational uses into the design. She expressed concern that the proposed hotel parcel was placed next to recreational playing fields, which might not fit well with afour-star hotel concept. She also commented that the proposed surface parking seemed like a waste of real estate on the Point. Mr. Dramov responded the design concept should be viewed in a phased way. He further noted that the referenced parking presently existed on the Point for the boat ramp and Marina. The proposed hotel and playing field locations were suggestions, but it would be important to make changes to the area that would allow the life sciences campus to move through the several phases of development that would need to occur. He noted that the market for the hotel was not yet in existence, and Council could revisit land uses at a point in time when the market changed. The recreational fields would be an interim use of the parcels that would allow flexibility for the future and accommodate the market for alternative uses. Mayor Matsumoto requested more detail on proposed phases of development on the Point. Assistant City Manager Van Duyn advised a lot was contingent upon timing and sequencing of the adjacent SKS development. He believed the SKS project would create a market in the area, which would allow staff to gauge interest from the Development Community. On the subject of the recreation parcel, he advised the goal was to accommodate recreational use interchangeably while leaving infrastructure options open. He further stated parcels could be SPECIAL REDEVELOPMENT AGENCY & CITY COUNCIL MEETING JANUARY 28, 2009 MINUTES PAGE 2 designed for interim passive recreational uses. Councilman Garbarino stated he realized plans would be market driven, but advised he would be pleased to see a four (4) star hotel on one of the parcels with a nice restaurant on an adjacent parcel. Accordingly, he advocated for a buffer zone between the proposed fiiture hotel site and recreation field. He further stated he liked the plan a lot. Councilman Mullin concurred that the hotel/recreation field proposal felt incongruous. He also expressed concern about establishing a recreational field that may require conversion to another use in the future. Accordingly, he advocated moving the proposed recreation site down the road a bit with the expectation that it would have some kind of permanence. He further added he would like to see the possibility of a baseball field entertained. He advised he liked the general direction of the overall plan but noted it would need to be modified some to determine how recreational fields might best fit with a future hotel site. Councilman Gonzalez approved of the entrance to the Marina. He thought a tennis court facility might work best next to the proposed hotel site. Vice Mayor Addiego commented on the spectacular views in the area that would be more accessible if SKS's plan to move the businesses in the village came to fruition. He opined the Eastern most point should be kept open so that the public could enjoy the views. Accordingly, he did not want to see the proposed hotel location move any further down the Point. Mayor Matsumoto acknowledged the plan would be market driven, but questioned how much time was projected for completion of the development. Assistant City Manager Van Duyn advised SKS' project was at least five (5) years out, during which time phasing demands would become clearer. Mr. Dramov noted the design objective was to maintain exposure as one moved through the site. The site plan could also move or reorganize easily. For example, the entire Eastern portion could someday some day be reorganized and surface parking could perhaps be eliminated. 3. Closed Session: Conference with Real Property Negotiator and Seifel Consulting. (Pursuant to Government Code section 54956.8) Property: Oyster Point Marina Area Properties know as Parcels A, B, C, D-l, D-2, El- 4 and I-4. Negotiating Parties: City of South San Francisco, South San Francisco Redevelopment Agency: and Oyster Point Ventures, LLC. City/Agency Negotiator: Marty Van Duyn. Under Negotiations: Terms and. Conditions for potential sale or lease of property interests. Closed Session opened: 6:44 p.m. Open Session resumed: 7:10 p.m. SPECIAL REDEVELOPMENT AGENCY & CITY COUNCIL MEETING JANUARY 28, 2009 MINUTES PAGE 3 Direction given. Recess: 7:10 p.m. Meeting resumed: 9:51 p.m. 4. Conference with Legal Counsel: Existing Litigation (Pursuant to Gov Code Section 54956.9 (a).) In Re Green Building Exchange, Inc. Case No. 08-32161-TEC. Closed Session opened: 9:51 p.m. Open Session resumed: 10:53 p.m. Report out of Closed Session: by a 5-0 vote, members authorized the Agency to file a Statement ofNon-Opposition to the assumption of the Green Building Exchange lease to Green V. 5. Adjournment of City Council Meeting and Redevelopment Meeting. Being no further business, Mayor Matsumoto adjourned the meeting at 10:53 p.m. Submitted by: \~ Krist<a tinelli- arson, City Clerk City of Sou ~n- Francisco M Clerk, Redevelopment Agency Approved: Karyl Matsumoto, Mayor City of South San Francisco Chairwoman, Redevelopment Agency SPECIAL REDEVELOPMENT AGENCY & CITY COUNCIL MEETING JANUARY 28, 2009 MINUTES PAGE 4 ~zx s~,~~ 0 o c'4LIFOR~~~ I certify that the demands set forth on this payment register are accurate and funds are available for payment.* RDA AGENDA ITEM # 2 DATED: ~~~~ F CE RECTOR *Note: Items below do not include payroll related payments Checks: Date Amount 01/14/09 $ 24,918.08 01/21/09 28,822.10 01/28/09 366,588.07 02/03/09 66,191.65 02/04/09 41,597.32 Electronic Payments: Date Amount To Description 01/22/09 24,620.98 Deutsche Bank RDA Debt Service 01/22/09 41,934.70 Bank of New York RDA Debt Service 01/29/09 28,033.75 Union Bank Project Drawdown-Mid Peninsula Total Payments $ 622,706.65 This is to certify that the above bills were confirmed at the regular meeting of the Redevelopment Agency of South San Francisco held February 11, 2009. 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RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt a resolution authorizing the execution of a subordination agreement with Willow Gardens Housing Associates (an affiliate of Mid-Peninsula Housing Coalition), and Union Bank and making a finding that an alternative method of refinancing is not reasonably available without subordination BACKGROUND/DISCUSSION On May 27, 1998, the Redevelopment Agency Board authorized the execution of a Loan Agreement for the Development of Willow Gardens Affordable Housing ("Agency Loan Agreement") with Willow Gardens Housing Associates ("Developer"), a California limited partnership affiliated with Mid-Peninsula Housing Coalition, pursuant to which the Agency agreed to provide a loan to the Developer in the amount of $3,500,000 ("Agency Loan") to acquire and rehabilitate housing units in the Willow Gardens Planned Unit Development (the "Project"). In addition, the City Council authorized execution of a Home Loan Agreement with the Developer and provision of a HOME Program loan ("City Loan") to the Developer in the amount of $619,055 for the Project. Subsequently, in 2002 the City approved an additional $500,000 loan to the Developer to further pursue the Project. In connection with the Agency and City Loans, the Developer executed Deeds of Trust securing repayment of the loans, and Regulatory Agreements with the Agency and City which required the Developer to purchase and rehabilitate up to 17multi-family buildings in the Project and make them affordable to low-income families at 60% ofinedian-income. With the Agency and City funds, the Developer acquired and rehabilitated nine (9) multi-family buildings in the Willow Gardens neighborhood. The lower than expected number of acquisitions was due to the increase in prices that occurred between 2000 and 2007. In 1999 the Developer Staff Report Subject: Subordination Agreement with Willow Gardens Associates and Union Bank Page 2 purchased its first building for $376,000. Its final open market acquisitions occurred in 2002 when the Developer purchased four additional buildings for $750,000 per building. The last acquisitions occurred in 2005 when the Developer purchased two rent restricted buildings from two private developers that received off-site accommodations for their inclusionary housing obligations. These final acquisitions exhausted the Agency's and City's loan funds. Upon acquiring each building, the Developer used a line of credit totaling $700,000 to pay for the rehabilitation of the buildings. Exterior repairs dramatically improved the building facades and inspired several Willow Gardens owners to also repair their buildings. The Agency Loan Agreement states the Agency would subordinate its Deed of Trust and Regulatory Agreements to tax-exempt bond financing in an amount not to exceed $5.5 million. The Developer, however, did not pursue tax-exempt bond financing because it was able to use its line of credit at a lower cost to make the repairs. Presently, the Developer has the opportunity to refinance its debt into a lower cost permanent loan from Union Bank in the amount of $2,000,000 ("Bank Loan"). Therefore, staff recommends that the Agency and City Council approve the subordination of the Agency and City Deeds of Trust and Regulatory Agreements to Union Bank's Deed of Trust securing the Bank Loan. FT TNT~TNC'1 There is no fiscal impact on the Agency by subordinating its deed of trust and regulatory agreements. However, in the event the Developer defaults on its obligation it may be in the Agency's interest to cure the default to preserve the affordable housing. The likelihood of a default is extremely low since Mid-Peninsula Housing Coalition has an outstanding record of meeting its financial obligations. CONCLUSION It is recommended that the Redevelopment Agency Board adopt a resolution authorizing the execution of a subordination agreement with Willow Gardens Housing Associates and Union Bank pursuant to which the Agency Deed of Trust and Agency Regulatory Agreement would be subordinated to Union Bank's Deed of Trust, and make a finding that an alternative method of refinancing is not reasonably available without subordination. By: - pprove : ' ~ Marry Van Duyn ~ M. Nag Assistant Executive i ctor Executive Director Attachments: Resolution Subordination Agreements BMN:MVD:NF:AFS RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A SUBORDINATION AGREEMENT WITH UNION BANK, N.A. FOR THE WILLOW GARDENS PROJECT WHEREAS, the Redevelopment Agency of the City of South San Francisco ("Agency") provided a $3,500,000 loan ("Loan") to Willow Garden Housing Associates, a California limited partnership affiliated with Mid-Peninsula Housing Corporation (the "Developer") to acquire and rehabilitate housing units in the Willow Gardens planned unit development ("Project") pursuant to a Loan Agreement dated January 4, 1999 ("Loan Agreement"); WHEREAS, in connection with the Loan, the Developer executed a Deed of Trust with Assignment of Rents dated January 4, 1999 securing repayment of the Loan ("Deed of Trust"), and the Developer and the Agency executed a Regulatory Agreement and Declaration of Restrictive Covenants dated August 19, 1999 and a Regulatory Agreement and Declaration of Restrictive Covenants dated January 4, 1999 (collectively, "Regulatory Agreements") pursuant to which the Developer agreed to restrict the rents for 29 of the units in the Project to affordable levels. The Deed of Trust and Regulatory Agreements are hereinafter collected referred to as the "Agency Documents;" WHEREAS, Developer used a line of credit to finance a portion of the Project; WHEREAS, Developer now seeks to refinance its line of credit into a lower cost permanent loan from Union Bank, N.A. ("Lender") in the amount of Two Million Dollars ($2,000,000) for the Project (the "Lender Loan"); WHEREAS, Health and Safety Code Section 33334.14 permits subordination of redevelopment agency affordability restrictions to a lien, encumbrance or regulatory agreement of a lender other than the agency providing financing or refinancing of rental units where the agency (i) makes a finding that an economically feasible alternative method of financing or refinancing on substantially comparable terms and conditions is not reasonably available without subordination; and (ii) the subordination agreement contains provisions reasonably designed to protect the agency's investment in an event of default; -1- WHEREAS, Lender has indicated that it would be unwilling to provide the Lender Loan for the Project without subordination of the Agency Documents; and WHEREAS, the proposed Subordination Agreement provides the Agency with rights to receive notice and to cure defaults arising under the Lender Loan documents. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Agency hereby: 1. Finds that an economically feasible alternative method of refinancing on substantially comparable terms and conditions is not reasonably available without subordination; and 2. Authorizes the Executive Director or his designee to execute a Subordination Agreement substantially in the form on file with the Agency Secretary and to take such other actions reasonably necessary to carry out the intent of this Resolution. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a meeting held on the 11th day of February, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: ' Agency Secretary 1192628.1 -2- RECORDING REQUESTED BY UNION BANK, N.A. AND WHEN RECORDED MAIL TO: UNION BANK, N.A. Commercial Real Estate Loan Administration Attn: Manager 18300 Von Karman Avenue, Suite 200 Irvine, CA 92612 (Space Above This Line For Recorder's Use) UNION BANK- WILLOW GARDENS SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR RIGHTS UNDER CERTAIN AGREEMENTS RELATING TO .CERTAIN REAL PROPERTY BECOMING SUBJECT TO, AND OF LOWER PRIORITY THAN, THE LIEN OF A SECURITY INTEREST. THIS SUBORDINATION AGREEMENT (this "Agreement"), made as of the day of February, 2009, by and between REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO ("Agency"), whose address is 400 Grand Avenue, P.O. Box 711, South San Francisco, CA 94083, and UNION BANK, N.A. ("Bank"), whose mailing address is c/o Union Bank, N.A., Commercial Real Estate Loan Administration, Attn: Manager, 18300 Von Karman Avenue, Suite 200, Irvine, CA 92612, is made with reference to the following facts: A. Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to them in the Loan Agreement (hereinafter defined). B. Willow Gardens Housing Associates, a California Limited Partnership ("Borrower") is the owner (or, concurrently with the recording of this Agreement, will be the owner) of the Property, which Property is more particularly described in Exhibit "A" attached hereto and made a part hereof. C. Agency has made a loan to Borrower in the amount of Three Million Five Hundred Thousand Dollars ($3,500,000.00) ("Agency's Loan"), made pursuant to that certain Loan Agreement dated January 4, 1999 (as amended, restated, supplemented or modified, "Agency's Loan Agreement) by and between Agency and Borrower and evidenced by a promissory note made by Borrower in favor of Agency (as amended, restated, supplemented or modified, the "Agency's Note"), which is secured by, among other things, that certain Deed of Trust with Assignment of Rents dated January 4, 1999 executed by Borrower for the benefit of Agency and recorded on March 16, 1999 as Instrument No. 99045815 in the Official Records of the County of San Mateo, State of California ("Official Records"), that certain Deed of Trust with Assignment of Rents executed by Borrower for the benefit of Agency, and recorded September 1, 1999 as Instrument No. 1999- 150526 in the Official Records (collectively, as amended, restated, supplemented or modified "Agency's Deed of Trust"), that certain Regulatory Agreement and Declaration of Restrictive Covenants dated August 19,1999 and recorded on March 16, 1999 as Instrument No. 99045816 in the Official Records, and that certain Regulatory Agreement and Declaration of Restrictive Covenants recorded September 1, 1,999 as Instrument No. 1999-150527 in the Official Records (collectively, as amended, restated, supplemented or modified, the "Agency's Restrictions"), all of which encumber a portion of the Property. Agency's Loan Agreement, Agency's Note, Agency's Deed of Trust, Agency's Restrictions and all other documents evidencing, securing 2219/014742-0504 979024.04 - 3 - or pertaining to Agency's Loan are hereinafter collectively referred to as "Agency's Loan Documents". Agency's Deed of Trust and Agency's Restrictions are collectively referred to herein as °Agency's Security Documents". D. Concurrently herewith, Borrower has executed a Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing of even date herewith to UnionBanCal Mortgage Corporation, a California corporation, as trustee, and to be recorded concurrently herewith in the Official Records ("First Deed of Trust"), covering the Property and securing indebtedness (the "Loan") in the amount Two Million and No/100 Dollars ($2,000,000) from Bank evidenced by a Promissory Note Secured by Deed of Trust ("Senior Note") executed by Borrower in favor of Bank. The terms and conditions of the Loan are described in that certain Loan Agreement of even date herewith ("Loan Agreement") by and between Bank and Borrower. The Loan Agreement, Senior Note, the First Deed of Trust and all other documents evidencing, securing or pertaining to the Loan are sometimes hereinafter collectively referred to as the "Loan Documents". E. As a condition to the Loan, Bank requires that the First Deed of Trust shall unconditionally be and remain at all times a lien or charge upon the Project which is prior and superior to the liens or charges of Agency's Security Documents. NOW, THEREFORE, in consideration of Bank's making of the Loan to Borrower, and in consideration of the mutual promises and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties to this Agreement do hereby agree as follows: 1. SUBORDINATION OF AGENCY'S SECURITY DOCUMENTS/ NO RIGHTS TO COLLATERAL. The First Deed of Trust, and any and all renewals or extensions thereof and all amendments and modifications hereafter made thereto, and any and all disbursements made by Bank to or for the account or benefit of Borrower the repayment of which is secured thereunder, shall unconditionally be and remain at all times a lien or charge against the Project that is prior and superior to the liens or charges of Agency's Security Documents, to the same extent and purpose as though Agency's Security Documents had been executed and recorded subsequent to the recording of the First Deed of Trust and the making of each disbursement or advance made by Bank to Borrower the repayment of which is secured by the First Deed of Trust, regardless of whether Borrower, at the time of any such disbursement or advance, may have been in default under the Loan Agreement, the First Deed of Trust, or any of the other the Loan Documents and regardless of whether Bank was obligated to make any such disbursement or advance. Agency shall have no right, lien or claim in and to the Collateral (defined below) and the proceeds thereof, or any other property or assets of the Borrower and any guarantor of the Loan (the "Guarantors") until such time as the Loan has been paid in full, the Bank has no further obligation to fund any advances under the Loan and the Bank has released the First Deed of Trust and the security interests in the Collateral. As used herein, the term "Collateral" shall mean all of the real, personal and other property now or hereafter encumbered by the First Deed of Trust and any UCC-1 financing statement filed in connection therewith and all products and proceeds of the foregoing. 2. APPLICATION OF PAYMENTS UNDER AGENCY'S LOAN. Notwithstanding anything stated to the contrary in any of Agency's Loan Documents, until such time as all of Borrower's obligations under the Loan Agreement, the First Deed of Trust and any other Loan Documents have been terminated, upon the occurrence of an event of default under the Loan Documents, all amounts (including, without limitation, all insurance proceeds and condemnation awards) received by Agency from, or for the account of, Borrower under Agency's Loan shall be immediately remitted to Bank at the address set forth above to be applied by Bank in reduction of any amounts outstanding and owing to Bank under the Loan Agreement, the First Deed of Trust or any other Loan Document, in such amounts and in such order as Bank shall determine in Bank's sole and absolute discretion; provided that, Bank has provided Agency with notice of the default in accordance with Paragraph 5. Borrower by executing the joinder attached hereto specifically authorizes the Agency to endorse and remit such payments to the Bank, and specifically waives any and all rights to have payments returned to Borrower or credited to the Agency's Loan. Borrower and Bank acknowledge and agree that Agency's remittance of any payments to Bank under this Paragraph 2 2219/014742-0504 979024.04 - !~ - shall not waive any event of default under the Agency's Loan Documents which may arise from the Agency's inability to retain such payment or apply such payment to the Agency's Loan. 3. ALL DISBURSEMENTS UNDER THE LOAN DOCUMENTS SECURED BY THE FIRST DEED OF TRUST. Notwithstanding anything to the contrary set forth in the Loan Agreement or any other agreement between Bank and Borrower with respect to any and all disbursements made by Bank to or for the account or benefit of Borrower or the Project in connection with any sums advanced by Bank for the payment of real estate taxes or assessments or insurance premiums, or any other sums advanced or obligations incurred by Bank in connection with the protection or preservation of any security given to Bank with respect to the Loan or otherwise permitted pursuant to the Loan Documents, shall be deemed to be, and in all events shall be, secured by the First Deed of Trust and, as so secured, and regardless of whether Borrower at the time of any such disbursements may have been in default under the Loan Agreement, the First Deed of Trust, or any of the other Loan Documents and regardless of whether Bank was obligated to make any such disbursements, shall be and remain a lien or charge against the Project that is unconditionally prior and superior to the lien and effect of Agency's Security Documents. 4. RECEIPT AND APPLICATION OF INSURANCE PROCEEDS AND CONDEMNATION AWARDS. Notwithstanding anything stated to the contrary in any of Agency's Loan Documents, so long as the First Deed of Trust continues to encumber all or portions of the Project, all insurance proceeds that may become available from time to time as a result of damage or destruction to all or portions of the Improvements and all condemnation awards that may become available from time to time as a result of the condemnation of all or portions of the Project shall be held by Bank, disbursed by Bank and applied by Bank in accordance with the terms and conditions of the First Deed of Trust and the other Loan Documents and Agency shall have no right to hold, disburse or apply any of such proceeds and/or awards. Agency shall execute such documents as Bank may require from time to time in order to assure compliance with the provisions of this Paragraph 4. 5. AGENCY'S RIGHT TO CURE DEFAULTS. Upon the occurrence of an Event of Default, Bank shall: (a) concurrently with notifying Borrower of the occurrence of such event of default, notify Agency at its address set forth above of the occurrence of such event of default; (b) permit Agency to cure or correct (provided that such event of default is curable) any such event of default within sixty (60) calendar days after receipt of such notice ("Agency Cure Period"); provided, however, that Bank has the continuing right to commence to pursue its remedies under the Loan Documents on account of such default during the Agency Cure Period, including but not limited to the right to accelerate the Loan, record a notice of default and to obtain a receiver; provided further, that if the cure is completed during the Agency Cure Period, Bank will rescind any notice of default after reimbursement of all of its costs incurred in connection with the default, including, without limitation, attorneys' fees and court costs; and (c) accept all payments and all acts done by Agency on behalf of Borrower within the Agency's Cure Period as though the same had been timely done and performed by Borrower, so that such acts and payments shall fully and totally cure and correct all such defaults, breaches, failures or refusals for all purposes. In the event that an Event of Default occurs and Bank has recorded a notice of default, then for the period from the date of recordation of the notice of default, until the date of recordation of a notice of sale, so long as the noticed default continues, Agency shall have the right, but not the obligation, in lieu of curing any default under the Loan Documents, to purchase the Loan. Such purchase will be accomplished by Agency paying to Bank the outstanding principal amount of the Loan, plus all- accrued and unpaid interest thereon, together with reasonable expenses incurred by Bank in connection therewith (including reasonable attorneys' fees and costs), in exchange for the assignments of the Loan Documents without recourse or warranty except that Bank will warrant that it owns and has all requisite authority to transfer the Loan at the time of the transfer. Borrower acknowledges and agrees, by executing the joinder attached hereto, that after the Loan has been assigned to Agency or its nominee, Bank shall be relieved from all liability to Borrower under or in connection with the Loan Documents. 6. BANK'S RIGHT TO CURE DEFAULT UNDER AGENCY'S LOAN. Upon the occurrence of a default under the Agency's Loan, Agency shall: (a) concurrently with notifying Borrower of the occurrence of such event of default, notify Bank at its address set forth above of the occurrence of such default or event of default; (b) permit Bank to cure or correct (provided that such event of default is curable) any such event of default within sixty (60) calendar days after receipt of such notice ("Bank Cure Period"); provided, however, 2219/014742-0504 s7so2a.oa - - 5 - that Agency has the continuing right to commence to pursue its remedies under the Agency's Loan Documents on account of such default during the Bank Cure Period, including but not limited to the right to accelerate the Agency's Loan, record a notice of default and to obtain a receiver; provided further, that if the cure is completed during the Bank Cure Period, Agency will rescind any notice of default after reimbursement of all of its costs incurred in connection with the default, including, without limitation, attorneys fees and court costs; and (c) accept all payments and all acts done by Bank on behalf of Borrower within the Bank Cure Period as though the same had been timely done and performed by Borrower, so that such acts and payments shall fully and totally cure and correct all such defaults, breaches, failures or refusals for all purposes. 7. BANK'S RELEASE OF SECURITY SHALL NOT AFFECT SUBORDINATION. Bank's release of (a) any security for Borrower's obligations under the Loan Documents, including, without limitation, the reconveyance of any portion(s) of the Project from the lien of the First Deed of Trust, or (b) any security for any Additional Advance, shall not constitute a waiver or relinquishment of Agency's unconditional subordination of the liens or charges of Agency's Security Documents against the Project to the lien or charge of the First Deed of Trust. Bank shall have the right at any and all times to determine the order in which, or whether, (i) recourse is sought against Borrower or any Guarantor or any other obligor with respect to the indebtedness and obligations under the First Deed of Trust and the other Loan Documents, or (ii) any or all of the collateral security for the indebtedness and obligations under the Loan Documents in which a lien has been granted to or obtained by Bank shall be enforced. Bank may forbear collection, release, compromise or settle the Loan, or sell, take, exchange, surrender or release collateral or security therefor, consent to or waive any breach of, or any act, omission or default under, any of the Loan Documents, apply any sums received by or realized upon by Bank against liabilities of the Borrower and the Guarantors to Bank in such order as Bank shall determine in its sole discretion, and otherwise deal with any and all parties and the Collateral or other property or assets of the Borrower and the Guarantors as they deem appropriate. Bank shall have no liability to Agency for any claim, right, action or cause of action which it may now or hereafter have against Bank arising out of, any release of any of the Collateral or other property or assets of the Borrower or the Guarantors securing such indebtedness and obligations, the failure to realize upon any Collateral or other property or assets of the Borrower or the Guarantors, and the failure to exercise any rights or remedies of Bank under the Loan Documents. 8. BANK'S RELIANCE. Bank would not make the Loan to Borrower absent the execution of this Agreement by Agency. WAIVERS BY AGENCY. law, Agency hereby waives and agrees not to assert or take advantage of, to the fullest extent permitted by (a) any right to require Bank to proceed against Borrower or any other person or to proceed against or exhaust any security held by Bank at any time or to pursue any other remedy in Bank's power before exercising any right or remedy under the First Deed of Trust; (b) any rights to require or request that the Bank marshal the Collateral in favor of Agency or to equitably subordinate the rights, liens or security interests of Bank under the Loan Documents; (c) any defense that may arise by reason of the incapacity, lack of authority, death, or disability of, or attempted revocation hereof by, Borrower or by any other(s) or the failure of Bank to file or enforce a claim against the estate or assets (either in administration, bankruptcy, or any other proceedings) of Borrower or any other(s) having an interest in Borrower; (d) demand, protest and notice of any kind, including without limitation notice of the evidence, creation, or incurring of any new or additional indebtedness or obligation of or any action or non- 2219/014742-0504 979024.04 - ( - action on the part of Borrower or Bank in connection with any obligation or evidence of indebtedness held by Bank as collateral or in connection with any indebtedness of Borrower to Bank described in this Agreement; (e) any claim, right, action or cause of action which Agency may now or hereafter have against Bank arising out of, any release of any of the Collateral or other property or assets of the Borrower or the Guarantors securing such indebtedness and obligations, the failure to realize upon any Collateral or other property or assets of the Borrower or the Guarantors, and the failure to exercise any rights or remedies of Bank under the Loan Documents; (f) any defense based upon an election of remedies by Bank (including, without limitation, an election by Bank to proceed by non judicial rather than judicial foreclosure) that destroys or otherwise impairs the subrogation or other rights, if any, of Agency, or the right of Agency to proceed against Borrower, or both; and (g) any duty on the part of Bank to disclose to Agency any facts Bank may now know or hereafter know about Borrower or the partners or successors of Borrower, regardless of whether (i) Bank has reason to believe that any such facts may increase materially the risk beyond that which Agency intends to assume, (ii) Bank may have reason to believe that such facts are unknown to Agency, or (iii) Bank has a reasonable opportunity to communicate such facts to Agency, it being understood and agreed that Agency is fully responsible for being and keeping informed of the financial condition of Borrower and/or any partners or successors of Borrower and of all circumstances bearing on the risk of non-payment of any indebtedness of Borrower to Bank described in this Agreement. 10. CERTAIN ACTIONS REGARDING SUBORDINATE LOAN. Until such time as the Loan shall have been paid in full, the Bank has no further obligation to fund any advances under the Loan and the Bank has released the First Deed of Trust and the security interests in the Collateral, Agency shall not take any of the following actions with respect to the Agency's Loan without the prior written consent of Bank: (a) Make demand under any guaranties for the Agency's Loan or take any action to enforce any remedy under the Agency's Security Documents or otherwise exercise any remedies with respect to the Collateral pursuant to the Agency's Security Documents or otherwise; provided, however, that Agency may exercise its rights and/or remedies to obtain specific performance of the Agency's Restrictions at any time without the consent of, but upon prior notice to, the Bank; or (b) Commence any litigation or proceeding, complete any foreclosure sale, record a deed or assignment in lieu of foreclosure, obtain a receiver or take any other enforcement action against, or take possession or control of, or exercise any remedies with respect to the Borrower, any Guarantor or the Collateral or any other property or assets of any Borrower, any Guarantor or any portion thereof (collectively referred to herein as °Enforcement Actions"); provided, however, that Agency may exercise its rights and/or remedies to obtain specific performance of the Agency's Restrictions at any time without the consent of, but upon prior notice to, the Bank. 11. NOTICES. Any notice, demand or request required or permitted to be delivered hereunder shall be deemed to have been duly and properly given at the time of such delivery if personally delivered (which shall include (i) delivery by means of professional overnight courier service which confirms receipt in writing and (ii) transmission by telecopier or telefacsimile machine capable of confirming transmission and receipt), or if mailed, forty-eight (48) hours after deposit in United States registered or certified mail, postage prepaid, return receipt requested, addressed to Agency or Bank, as the case may be, at their addresses set forth above. 12. ENTIRE AGREEMENT. This Agreement shall be the whole and only agreement with respect to the subordination of the effect of Agency's Security Documents to the lien or charge of the First Deed of Trust, and all disbursements and advances made thereunder, and shall supersede and cancel any prior agreements as to such subordination, 2219/014742-0504 979024.04 - - f - including without limitation any provisions contained in Agency's Security Documents that provide for the subordination of the effect thereof to one or more deeds of trust. 13. AGENCY'S ACKNOWLEDGEMENTS. Agency hereby declares, agrees, and acknowledges as follows: (a) For purposes of this Agreement, Agency consents to and approves all provisions of the Loan Agreement, the First Deed of Trust and the Loan Documents; (b) Agency agrees that it will not in any manner challenge, oppose, object to, interfere with or delay Bank's security interest in, liens on and rights as to the Borrower or any Guarantor or the Collateral or any other property or assets of the Borrower, of any Guarantor, or any Enforcement Actions of Bank (including, without limitation, any efforts by Bank to obtain relief from the automatic stay in any bankruptcy proceeding). (c) Bank, in making disbursements pursuant to the Loan Agreement, is under no obligation or duty to insure, nor has Bank represented that it will insure, the proper application of such proceeds by the person(s) to whom Bank disburses such proceeds, and any application or use of such proceeds for purposes other than as provided in any such agreement shall not defeat or render invalid, in whole or in part, the subordination provided for in this Agreement; (d) Agency intentionally and unconditionally subordinates the effect ofAgency's Security Documents against the Project in favor of the liens or charges of the First Deed of Trust and Agency understands that, in reliance upon and inconsideration of this subordination, specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into that would not be made or entered into absent said reliance upon this subordination; (e) Bank has not made any warranty or representation of any kind or nature whatsoever to Agency with respect to (i) the application of the proceeds being made by Bank to Borrower upon the security of the First Deed of Trust, (ii) the value of the Property or the marketability thereof, or (iii) the ability of Borrower to honor its covenants and agreements with Bank or Agency; (f) Agency has made such independent legal and factual inquiries and examinations as Agency deems necessary or desirable, and Agency has relied solely on said independent inquiries and examinations in entering into this Agreement; (g) The Agency's Loan Documents as described in Exhibit "B" attached hereto are all of the documents evidencing, securing or pertaining to Agency's Loan, true, correct and complete copies thereof have been delivered to Bank and the Agency's Loan Documents have not been amended or modified except as reflected thereon; (h) As of the date set forth above, the Agency has no offset, defense, deduction or claim against Borrower under any of the Agency's Loan Documents, Borrower is not in default under any of the Agency's Loan Documents and the Agency knows of no event that has occurred or is continuing which, with the passage of time or the giving of notice, or both would constitute a default under any of the Agency's Loan Documents; (i) Each and every covenant, condition and obligation contained in the Agency's Loan Documents required to be performed or satisfied as of the date hereof, and each and every matter required to be approved the Agency as of the date hereof, has been satisfied and/or approved and/or waived as applicable, as of the date set forth above; (j) The Agency's Loan has been, or concurrently with the execution of this Agreement will be, fully funded and Borrower's use of the Agency's Loan funds complies with the provisions of the Agency's Loan Documents; 2219/014742-0504 979024.04 ~ $ - ~ ' (k) Notwithstanding anything stated to the contrary in the Agency's Loan Documents, Agency's rights in and to the leases and rents of the Property shall be subject and subordinate to the rights of Bank to same; and (I) Notwithstanding anything stated to the contrary in the Agency's Loan Documents, if an Event of Default occurs under the Deed of Trust or the other Loan Documents, which in and of itself does not constitute a default or event of default under the Agency's Loan Documents and Bank accepts a cure of such default by Borrower, then Agency shall accept such cure as a cure of the event of default under the Agency's Loan Documents. 14. ATTORNEYS' FEES. If either Agency or Bank shall bring an action against the other by reason of the breach of any covenant, provision, or condition of this Agreement, or otherwise arising out of this Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorneys' fees, which fees shall be payable whether or not any action is prosecuted to judgment. The term "prevailing party" shall include, without limitation, a party who brings an action against the other by reason of the other's breach or default and obtains substantially the relief sought, whether by compromise, settlement, or judgment. 15. NO WAIVER BY BANK. It is understood by the parties to this Agreement that in no event shall Bank's permitting Agency's Security Documents to continue to burden the Project be construed as a waiver of Bank's right to prohibit the creation of any further liens or charges against the Project, nor shall the granting of such consent be construed as a waiver of Borrower's obligation to obtain Bank's consent as a condition to creating any additional liens or charges against the Project in the future. 16. GOVERNING JURISDICTION. This Agreement shall be governed by the laws of the State of California and shall be binding upon, and shall inure to the benefit of, the parties to this Agreement and their respective successors and assigns. 17. SEVERABILITY. In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein unless the effect thereof would materially alter the benefits or burdens hereof to the parties hereto. 18. COUNTERPARTS. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute but one and the same instrument. [SIGNATURE PAGE FOLLOWS) 2219/014742-0504 979024.04 - - 9 - WHEREAS, this Subordination Agreement has been executed by the parties as of the date first written above. AGENCY: REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic By:_ Name: Title: APPROVED AS TO FORM: Assistant Agency Attorney BANK: UNION BANK OF CALIFORNIA, N.A. By: Jonathan Klein, Vice President 2219/014742-0504 s7so24.oa - 10 - JOINDER Unless expressly defined herein, all capitalized terms used herein shall have the same meanings ascribed to them in the Subordination Agreement (the "Subordination Agreement") to which this Joinder is attached. The undersigned hereby acknowledges receipt of a copy of the Subordination Agreement and, as fee owner of the Property, hereby consents to, approves and agrees to be bound by all of the terms and conditions set forth in the Subordination Agreement. WILLOW GARDENS HOUSING ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP By: Mid-Peninsula San Ramon Corporation, a California nonprofit public benefit corporation, its general partner By: Name: Sue Perkins Its: Assistant Secretary 2219/014742-0504 s7so2a.oa - 11 - ACKNOWLEDGMENT State of California County of On ,before me, , (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature. State of California County of On ACKNOWLEDGMENT before me, (Seal) (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature, (Seal) 2219/014742-0504 979024.04 - 1 2 - ACKNOWLEDGMENT State of California County of On ,before me, , (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2219/014742-0504 979024.04 - 1 3 - EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, THE COUNTY OF SAN MATED, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: REAL PROPERTY IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATED, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 2 AND 16 OF BLOCK 1, LOTS 1, 2, 3, 8, 11, 21 AND 27 OF BLOCK 2 AS DELINEATED UPON THAT CERTAIN MAP ENTITLED "WILLOW GARDENS; SOUTH SAN FRANCISCO, SAN MATED COUNTY, CALIFORNIA", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATED, STATE OF CALIFORNIA, ON DECEMBER 29TH, 1964 IN BOOK 61 OF MAPS, AT PAGES 24 AND 25. EXCEPTING FROM LOT 2, BLOCK 1 AND LOT 11, BLOCK 2: ALL WATER RIGHTS AS LIES BENEATH THE SURFACE OF THE EARTH, WITH NO RIGHT OF SURFACE ENTRY, AS CONTAINED IN THAT QUITCLAIM DEED FROM PACIFIC STATES CONSTRUCTION COMPANY, A CALIFORNIA CORPORATION, TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, DATED FEBRUARY 2, 1968 AND RECORDED FEBRUARY 7, 1968 IN BOOK 5428 OFFICIAL RECORDS, PAGE 590 (17429-AB). Subordination of Deed of Trust (Core Document( (08/14/02) 2219/014742-0504 s7so24.o4 - 14 ~ cre_docs\misc\SUBREDOT.doc EXHIBIT "B" LIST OF AGENCY'S LOAN DOCUMENTS 1. Agency's Loan Agreement 2. Agency's Note 3. Agency's Deed of Trust 4. Agency's Restrictions Subordination of Deed of Trust (Core Document( (08/14/02) 2219/014742-0504 979024.04 - 15 - cre docs\misc\SUBREDOT.doc °~~x~~s~"~~ Redevelo ment A enc o ~ p g ~ ~. J c ~~.° Sta Re o rt DA ITEM # 4 '~LIFOR~ p RDA A GEN DATE: February 11, 2009 TO: Redevelopment Agency Board FROM: Marty Van Duyn, Assistant Executive Director SUBJECT: PRECISE PLAN, TYPO "C" SIGN PERMIT, TRANSPORTATION DEMAND MANAGEMENT PLAN, & VARIANCE APPLICATIONS FORA 166 ROOM HOTEL AT' 550 GATEWAY BOULEVARD, IN THE GATEWAY SPECIFIC PLAN DISTRICT IN ACCORDANCE WITH SSFMC CHAPTERS 20.57, 20.85, 20.86, & 20.120 Applicant: Vijay Patel, SRI Krishna Enterprise Case Nos.: P07-0073: PP07-0001, ND07-0003, VAR07-0004, SIGNS07- 0047, TDM08-0003 RECOMMENDATION: It is recommended that the Redevelopment Agency continue application P07-0073 fora 166 room hotel at 550 Gateway Boulevard to the March 11, 2009 Redevelopment Agency meeting. DISCUSSION: On January 14, 2009 the RDA continued the subject application to allow the applicant more time to address the issues outlined by the Redevelopment Agency during the December 10, 2008 meeting. The applicant has now requested a continuance until the March 11, 2009 meeting. ~ i ~~ `- « B ~~-.---~ -Approve Marty Van Duyn arry M. Na Assistant Executive ~CtOr Executive Director Attachments -Applicant Email Continuance Request MVD/ghb Page 1 of 1 Beaudin, Gerry __. From: Vijay Patel [[email protected]] Sent: Thursday, February 05, 2009 7:13 PM To: Beaudin, Gerry Subject: SSF Hyatt Place Gerry, I wanted to ask for a continuance of the February Meeting till March. We are still working with some our consultants to get ready for our next meeting. Please advise me of when the meeting will be in March Thank you Vj 2/6/2009 r~zxs Redevelo meet A enc o -~ g y y ° Sta Re opt c9LIFOR~~~ RDA AGENDA ITEM # S DATE: February 11, 2009 TO: Redevelopment Agency Board FROM: Jim Steele, Finance Officer SUBJECT: ANNUAL REDEVELOPMENT REPORTING REQUIREMENTS RECOlYIlVIENDATION It is recommended that the Redevelopment Agency Board receive and accept the attached reports, as required by Health and Safety Code 33080.1. BACKGROUND/DISCUSSION California Health & Safety Code 33080.1 requires local agencies to produce and submit to the State Controller a series of annual reports related to the Redevelopment Agency's activities in the prior fiscal year. Agencies are also required to present these reports, along with an annual update on blight progress , to its legislative body. The State reports have been submitted to the State Controller as required; the Board also needs to receive and review them and the blight progress update. This Staff Report transmits the reports for fiscal year 2007-08. Several of these routine reports provide for demographic reporting to the State, are lengthy and contain very detailed numerical data. Consequently, it is not feasible to include them as attachments. They can be viewed on the City's website in the Finance Department Homepage (www.ssf.net/depts/finance), or by contacting the Finance Department at 877-8513. A binder is available in the Council office. The reports submitted annually to the State Controller's Office are listed here: Property Report Describes properties owned by the Agency, their uses, and those acquired in the previous fiscal year. (Exhibit A) Housing Activities Report Describes housing activities and funding sources. (Not attached here, but available for viewing as described above). Loan Report Identifies loans which equal or exceed $50,000 and were found by the Agency during the previous fiscal year to have either defaulted or not complied with the terms of the agreements approved by the Agency. Staff Report Subject: Annual Redevelopment Reporting Requirements Page 2 The Agency did not have any such loans in fiscal year 2007/08, so this statement, in lieu of a report, will suffice for the reporting requirement. The following report is not sent to the State, but is required to be presented to the legislative body: Annual Bli hg t Progress Update Describes the Agency's progress in eliminating blight over the past year, including goals and objectives set and achieved. (Exhibit B) Annual Report of Financial Transactions of Community Redevelopment Agencies Presents detailed descriptions of the Agency's project areas and assessed valuations, including but not limited to, the Agency's long-term debt and statement of income and expenditures. The entire report is not included here, but is available for viewing as described above. City of South San Francisco Redevelopment Agency Financial Statements-Exhibit C CONCLUSION Acceptance of these reports will facilitate the Agency's compliance with the State Health and Safety Code. r~ ~-~. B y: ~` ~~~ APProv~d: 4c. L . Jim eele ~ .Nagel Fince Officer Executive Director Attachments: Exhibit A -Property Report Exhibit B -Blight Progress Report Exhibit C -Annual Financial Statements Exhibit A City of South San Francisco Redevelopment Agency Property Listing As of June 30, 2008 Address 200 LINDEN AVE IMPROVEMENT ON 200 LINDEN AVE 432 BADEN/429 THIRD LN 616 LINDEN AVE 700 LINDEN _ 468 MILLER PARKING LOT 472 GRAND/306 SPRUCE 339-341 COMMERCIAL 905 LINDEN AVENUE 212 BADEN AVE 201 GRAND AVE IMPROVEMENT ON 201 GRAND AVE 559 GATEWAY BLVD 480 NORTH CANAL 480 NORTH CANAL ;1312 MILLER AVE '.310 MILLER AVE., SSF 380 ALTA VISTA, SSF 714 LINDEN AVE 323 MILLER AVENUE 80 CHESTNUT 314 MILLER AVENUE 216 BADEN 1 CHESTNUT PUC PARCELS Total Description IT building (former bank) Parking lot Parking lot (former Quonset hut) Green lot Parking lot for medical building County medical clinic Residential 4 units Green lot Warehouse (former Giorgi Bros) Parking lot (former Copa Cobana) Childcare Land (donation) Fire Station 61 Fire Station 61 Training Tower Residental 3 units Residentail 4 units Residential single family home Residential 3 units Residentail 2 units Commercial (former CalWater) Residentail single family home Commercial (former Hot Shots Cafe) Commercial (former Ron Price) PUC Land Date Purchased I Original Cost 1997 $ 535,000 2001 $ 50,000 1997 $ 336,229 1997 $ 341,016 1998 $ 317,006 1999 $ 111,219 1999 $ 1,579,729 1999 $ 804,086 2000 $ 507,269 2001 $ 942,083 2001 $ 564,000 2002 ~ $ 58,995 2003 $ - 2004 $ 5.007,603 2008 $ 1,596,947 2004 $ 717,183 2005 $ 586,309 2005 $ 683,080 2005 $ 859,717 2007 $ 700,655 2007 $ 1,103,284 2008 $ 681,019 2008 $ 784,000 2008 $ 6,523,640 2008 $ 21,051,162 $ 46,441,231 Exhibit B Blight Progress Report Redevelopment Agency of South San Francisco During fiscal year 2007-08 the Redevelopment Agency efforts have been focused on the alleviation of blight through the following activities: Infrastructure improvements to major thoroughfares and residential streets to capitalize on the opportunities resulting from the BART station development and to open additional area to development and redevelopment. Business attraction activities to eliminate blighting conditions and provide additional employment opportunities for South San Francisco residents. Construction and rehabilitation of public facilities such as parks and recreational facilities. Redevelopment of existing vacant and underutilized land to eliminate blighting conditions and provide residents with additional housing, employment a11d recreational opportunities. Housing activities to provide new affordable housing opportunities for low- and moderate-income families and to improve the City's existing housing stock. Specific projects undertaken include but are not limited to the following: • Completed construction and lease up of 43 new affordable rental units at Grand and Oak Avenues. • Completed construction and sale of four home owner units by Habitat for Humanity. • Completed acquisition of a single family home at 314 Miller Avenue and r eiGCatloii of a tenant occupying illegally converted garage oii the property. • Provision of 20 units of affordable for sale town homes at the City Lights project. • Continuation of housing acquisition loan program for low and moderate income, first-time home buyers. Six (6) Redevelopment loans were issued for the City Lights project. • Completed Phase I of the Linear Park development in the El Camino Corridor Project Area and initiated Phase II. • Acquired commercial property at 216 Baden Avenue assembling several contiguous parcels for future redevelopment. • Acquired 80 Chestnut Avenue administration building for public use. • Completed design plans for new construction of parking structure in the Downtown Business District. • Completed renovations for Safe Harbor Homeless Shelter being undertaken by San Mateo County. • Acquired surplus lands in the Public Utilities Commission Right of Way for future redevelopment. • Acquired 1 Chestnut, former auto dealership for Land assembly and redevelopment. • Facilitated entitlements for development of new Lowe's store. • Completed construction of new sewer pump station # 4 on Harbor Way. Exhibit C J J J l clTx of soUTx sAN Fr~ANClsco ,~ REDEVELOPMCNT AGENCY BASIC CQMPONENT UNIT FINANCIAL STATEMENT5 FQR THC YEAR ENDED JUNE 30, 20fl8 1 w ,~ :~ J J CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY BASIC COMPONENT UNIT FINANCIAL STATEMCNTS FOR THC YEAR ENDED JUNE 30, 20x8 Table of Contents Pase Independent Auditor's Report ............................................................................................................ 1 Management's Discussion And Analysis ................................................................... .........3 Basic Component Unit Financial Statements: Agency-wide Financial Statements: Statement of Net Assets ..................................................................................•-.................. 1 Q Statement of Activities ........................................................................................................ 11 Fund Financial Statements: Major Governmental Funds; Balance Sheet .................................................................................................................. 14 Balance Sheet - Reconciliation of Governmental Fund Balances to Net`Assets of Governmental Activities ........................................................................................... 15 Statement of Revenues, Expenditures, and Changes in Fund Balances ........................ 16 Reconciliation of the Ivet Change in Fund Balances - Total Governmental Funds with the Statement of Activities ...................................... 17 Notes to Component Unit Financial Statements ........................................................................ 19 Supplemental Information: Schedules of Revenues, Expenditures and Changes in Fund Balances -Budget and Actual -Budgetary Basis: Capital Projects Funds: Merged RedevelapmentProject Area ...................................................................... .35 Low and Moderate Housing .................................................................................... .3b CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY BASIC COMPONENT UNTT FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2008 Table of Contents fContinuedl Page Debt Service Funds: Merged Redevelopment Project Area .......................................................................37 Low and Moderate Hausing ....................................................................................38 Report on Internal Control aver Financial Reporting and an Compliance And Other Matters on An Audit of Financial Statements Performed in ACCOrdAnee with Governnrettt Auditing Sta~tdards ..:.................... ..39 ~. L_ Maze & ASSOCIATES ACCOUNTANCY CORPORATION 3478 Buskirk Ave. - Suife 2i5 Pleasant Hi11, California 94523 {925) 930-~9Q2 • FAX (925) 931J-Q735 ~~ INDEPENAENT AUDITOR'S REPORT mazeC~mazeassociates.cam virww.mazeassocrafes.com Members of the Board of the ' City of South San Francisco Redevelopment Agency South San Francisco, California We have audited the accompanying basic component unit financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the City of South San Francisco Redevelopment Agency (Agency}, a component unit of the City of South San Francisco, as of and for the year ended June 30, 2008, as listed in the Table of Contents. These component unit financial statements are the responsibility of the Agency's management. Uur responsibility is to express an opinion on these financial statements based on our audit. ~ ' We conducted our audit in accordance with generally accepted auditing standards in the United States of America and the standards for financial audits contained in Government Auditing StarTdrn•ds issued by the Comptroller General of the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance as to whether the component unit financial statements are free of material misstatement. An audit includes examining on a test basis evidence supporting the amounts and disclosures in the component unit financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall f nancial statement presentation. We believe that our audit provides a reasonable basis far our opinion. --~ In our apinion the component unit financial statements referred to above present fairly in all material respects the respective financial position of the governmental activities, each major funds, and the aggregate remaining fund information of the Agency at June 30, 2008 and the results of its operations for the year then ended in conformity with generally accepted accounting principles in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated December 18, 2008 an our consideration of the City of South San Francisco Redevelopment Agency's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an apinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Governn:ent Auditing Standards and should be considered in assessing the results of our audit Management s Biscussion and Analysis is supplementary information required by the Government Accounting Standards Board, but is not part of the basic component unit financial statements. We have applied certain limited ., procedures to this information, principally inquiries of management regarding the methods of measwement and presentation of this information, but we did not audit this information and we express no opinion on it. ' A Professional Corporation Our audit was made for the purpose of forming an opinion on the basic f nancial statements taken as a whole. The Supplemental Inf, rmation listed in the Table of Contents is presented for the purpose of additional analysis and is not a required part of the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the government-wide and fiend financial statements, and in our opinion is fairly stated in all material respects in relation to the basic financial statements taken as a whale. ~uu ~ R:~aXs December 18, 20Q8 i. i i• The discussion and analysis of the Redevelopment Agency of the City of South San Francisco fznanciai performance provides an overview of the Agency's financial activities for the fiscal year ended June 30, 2008. Please read it in conjunction with accompanying basic financial statements. Management's discussion and analysis is designed to (a) assist the reader in focusing on significant financial issues, (b} provide an overview of the Agency's financial activity, (c} identify changes in the Agency's financial position (its ability to address the next and subsequent year challenges), and (d} identify individual fund issues or eancems. Since the Management's Discussion and Analysis (M~&A} is designed to focus on the current. year's activities, resulting changes and currently known facts, it should be read in conjunction with the Agency's f nancial statements. FINANCIAL HIGHLIGHTS Overall, property tax increment grew $1.6 million, or 6.1%. Significant growth in tax increment occurred in the following project axeas: Gateway, where tax increment grew $.5 million, or 6.3 %, reflecting new biotechnology development. c e t e million or 24° o also reflectin new ~ Shearwater, where tax in rem n gr w $.7 /, g .~ biotechnology development "j b El Camino, where tax increment grew $.6 million, or 19%, reflecting new housing adjacent to the BART station. Band Funds from the 2006 bond sale were used to make major capital improvements, described in more detail below, which reduced balances held in restricted assets (and in the Reserve for Restricted Assets}, correspondingly. These transcations also dramatically increased capital assets, also described below. ;~ USING TFIIS Ali]NUAL REPORT The primary focus of the report is on both the Agency as a whole (government-wide) and the major individual funds {programs). Both perspectives {government~wide and major fund} allow the user to address relevant questions, broaden a basis for comparison, and enhance the Agency's accountability. Government-'hide Financial Statements The Stater~zent n ldet Assets which is similar to a Balance Sheet, re orts ail financial and capital .f ~ P resources for the Agency. The statement is presented in the format where assets minus liabilities, `~ equals "Net Assets", formerly known as equity. Assets and liabilities are presented in order of liquidity, and are classified as "Current" (convertible into cash within one year}, and `~on- current". ~., I I --- The focus of the Statement of Net Assets (the "Unrestricted Net Assets"} is designed to represent rF the net available liquid (non-capital} assets, net of liabilities, for the entire Agency. Net Assets ` (formerly equity} are reported in three broad categories: ~-~- Net .Assets, Invested in Capital Assets, Net of Related Debt: This component of Net Assets ~' fists of all Ca ital Assets, reduced by the outstanding balances of any bands, mortgages, notes ~.- cans P ar other borrowings that are attributable to the acquisition, construction, or improvement of those assets. !.~ - Restricted Net Assets: This component of Net Assets consists of restricted assets, when constraints are placed an +he asset by creditors {such as debt covenants), grantors, contributors, laws, regulations, etc. Unrestricted Net Assets: Consists of Net Assets that do not meet the definition of "Net Assets Invested in Capital Assets, Net of Related Debt", or "Restricted Net Assets". The Statement of Activities presents information shewingh o~swSe~ ~ o ~P~a ~ s on assthe changed during the most recent fiscal year. All Chang underlying event giving rise the change occurs, regardless or some i ms thatewill only r sultin Thus, revenues and expenses are reported in this statement f , cash flows in future fiscal periods. The focus of the Statement of Activities is the "Change in Net Assets", which is similar to Net Income or Loss. Fund Financial Statements The fund financial statements provide detailed information about the mosantsgnifi ~VefiTi'nthe d b bond coven Some funds are requixed to be estabhshed by State law an y Agency's Board establishes other Elands to help it control and manage money ar meet legal responsibilities far using certain taxes, grants and other money. , ~.. Governmental funds are used to account for essentially the same fiuactions report e the governmental activities in the government-wide financial statements. However, uiallk government-wide financial statements, governmental fiend financial statalannes of e oendable term inflows and outflows of expendable resources, as well as on b XP 'able at the end of the fiscal year. Such information may be useful in evaluating a resources avail government's near-team financing requirements. overnmental funds is narrower than that of the government-wide financial ~_ Because the focus of g statements, it is useful to compare the i~o~atian presented for governmental fiznds with similar information presented for governmental activities in the government-wide financial statements. By doing sa, readers may better understand the long-term impact of the government's near-term ~,; financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconcilaatian to ~.~. facilitate this comparison. Statement of Net Assets The following table reflects the condensed Statement of Net Assets: TABLE 1 NET ASSETS June 3U, 2008 Zoos 2407 Current and other assets $143,6b9,323 $121.,761,916 Capital assets 62,432,471 26,513,061 Total assets 166,101,794 148?74,977 Current and other liabilities 13,449,401 4,679,298 Long-term Iabilities 75,960,434 77,715,860 To#alIiabilities 89,369,835 82,395,158 Net assets: Restricted 38,SQ-4,809 56,510,436 -~ Unrestricted 3 8,187,15 4 9,3 69,383 Total net assets $76,731,959 $65,879,819 Current and other assets decreased 18 million to a total of 1 $ $ 04 million, as the Redevelopment Agency used band proceeds and cash to make several large capital A~ aCqulslttanS. ThC3se were: - the acquisition of several parcels from the Public Utilities' Commission at El Camino and Chestnut for future development at the key corner of the City; - the acquisition ofthe vacant site at One Chestnut adjacent to the Public Utilities' , Commission parcels at El Camino and Chestnut, also.for future development; - the acquisition of a surplus site from Cal Water adjacent to Orange Memorial Park. That site, along with improvements funded by the Agency, will be used by the South San Francisco Historical Society as their museum. Corresponding to the decline in current assets, capital assets increased for the purchases listed above. • Current and other liabilities increased $8.9 million, due rimaril to a court Tulin on A riI P Y g P 1, 2008 that is described in detail in footnote 9 below. In staffs judgment, the ongoing impact from this ruling will be minor. The Agency had already booked a liability in prior years of $.5 million. 5 Change in Net Assets Table 2 presents details on the change in Net Assets: TABLE 2 CHANGE IN NET ASSETS 2007-0 s Beginning net assets Expenses: Redevelopment Interest an long-term d ebt Total expenses Reve Hues Tax increment Interest and rental Other Total revenues Special item -Property Tax 2x06-07 $ 65,879,819 $ 44,823,607 (10,469,346) (8,148,108) (3,791,730} {3,852,159) (14,261,076) (12,000,277) 27,363,682 6,130,782 35,237 33,SZ9,701 (8,41b,485) 25,782,083 6,463 ,771 810,635 33,056,489 Ending net assets $ 76,731,459 $ 65,879,819 Redevelopment expenses increased due to the acquisition of the capital assets mentioned above. 'T'ic increffient revenue grew by 5.1% due to the continued success of new business development in the project areas. Note that without the time property tax appeal item described above, ending net assets would have grown by over $19 million. ANALYSIS OF THE AGENCY' S MAJOR FUNDS Merged Project Redevelaprttent Capital Project Frrrid The Redevelopment Agency's (RDA} project areas were fiscally merged during 2005-06, allowing the Agency to tap into a larger tax base with which to sell bands for redevelopment purposes. At the end of 2007-08, $27 million remained in band funds to be used. Ail funds have been allocated to capital projects, and are expected to be fiilly drawn down during 2008-09. During the year, the largest project expenditures were for the site acquisitions discussed above, and for improvements to the pump station in the Downtawn/Lindenville area, to improve the storm water system to prevent flooding during rainy periods. As these major capital acquisitions and renovations were made, cash has decreased. Tax increment grew in Gateway, Shearwater, and in EI eamino areas reflecting new development. Advances to Other Funds have increased over $7.0 million to $19.4 million. {The largest advances are to the Oyster Point Developer Impact Fee Fund, until that fund has paid for the Oyster Point Flyovez and I~oakramps freeway interchange). The largest advance booked during 2007-08 was to the Sewer Fund to assist in completing a new pump station for the East of 101 area, to be reimbursed to the Agency overtime from Sewer Impact Fees. ~~ ~_ i~ I_ 6 Merged Redevelopment ProjectArea Debt Service Fruzd ~ Activity in 2007-08 was very similar to that in 2006-07, as no new debt service obligations were incurred. Fund balance reflects bond reserves on hand, as required by bond covenants. Lots grid Moderate ifircotrte Horrsir:g Capital Project Frrrrd This fiend holds the 20°/a in annual Redevelopment Agency (RDA} property tax increment that must be set aside for l.vw and moderate income housing needs. The fund received $5.6 million in such revenues, up from $4.6 million last year. Major capital projects included the acquisition of the _~ property at 314 Miller Ave, which will be renovated and preserved for affordable housing purposes. `~ CAPITAL ASSETS AND DEBT ADMINISTRATION ..1 Capital Assets As of year end, the Agency had $62.4 million invested in a variety of capital assets as reflected in ' the below Table 3, which represents a net addition of $35.9 million from the end of the prior year. During 2007-08, the Agency made several Large Land acquisitions, as described above. The growth in construction in progress reflects the Lindenville Pump Station worlc, still being completed, and the acquisition of the site at One Chestnut Ave., mentioned above, which the ~ Agency was still improving at year end. TABLE 3 CAPITAL ASSETS AT JUNE 30, 2008 (Net of Depreciation} 2008 2007 -- Land $ .43,825,478 ~ 15,674,697 Building & Improvements 8,097?45 6,104,162 Land Improvements 2,125,119 2,L5,1 I9 Infrastructure 188,297 18 8,Z 97 Machinery & Equipment 125,076 125,076 ' Office Equipment 23,452 23,452 Furnih~re & Fixtures 21,506 21,506 Vehicles 105,645 69,139 :'~ Construction in progress 9,256,164 3,209,744 Less: Accumulated depreciation (1,335.511) (1A24.091) 'Total ~ 62,43?,471 $ 25,513,051 a Debt Outstanding As of year-end, the Agency had $77.7 million in debt outstanding compared to $79.4 million in the prior year-end. TABLE 4 OT3TSTANDING DEBT AT NNE 30, 2008 2ao8 2007 California HealthFacilitiesFinancing (CHFFA) Revenue Bonds 1989 2006 Revenue Bonds Tax Allocation B ands Series B 1999 {Housing} Certificates of Participation 1999 (Conference Center) HUD Section I08 Loan 2000 $153,860 $194,156 68,51,5,000 69,745,000 2,48 5,000 2,655,000 5,060,000 5,200,00 0 1,502,000 ~ 1,b14,000 Total FINANCIAL CONTACT 577,715,860 579,408,156 Questions about this report or requests for additional financial information should be directed to the City of South San Francisco Finance Department, P.O. Bax 711, South San Francisco, CA 94Q83, phone 1650} 877- 8513. rw {~{ l_ I_ (. 1_ l_ Iw 8 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY .STATEMENT OF NET ASSETS AND STATEMENT OF ACTXVITIES '~ The Statement of I~et Assets reports the difference between the Agency's total assets and the Agency's total liabilities, including all the Agency's capital assets and all its Long-term debt. The Statement of Net Assets focuses the reader on the composition of the Agency's net assets, by subtracting total liabilities from total assets. The Statement of Net Assets summarizes the financial position of all the Agency's Governmental Activities in a single column. The Statement of Activities reports increases and decreases in the Agency's net assets. Tt is also prepared on the full accrual basis, which means it includes all the Agency's revenues and all its expenses, regardless of when cash changes hands. This differs from the "modified accrual" basis used in the Fund financial statements, which reflect only current assets, current liabilities, available revenues and measurable expenditures. The Statement of Activities presents the Agency's expenses that are listed by program first. Program revenues- that is, revenues which are generated directly by these programs-are then deducted from program expenses to arrive at the net expense of each program. The Agency's general revenues are then listed and the Change in Net Assets is computed and reconciled with the Statement of Net Assets. _. `~ 7 7 7 _~ _.! 4 CiT~i' OF SOUTH SAN )EI2ANCISCO REIDE~LOPy1ENT AGENCY' STATE?VIENT OF NET ASSETS JU1dTE 30, 2008 Governmental Activities ASSETS Cash and investments (Note 2) $40,217,73 Receivables: Accounts 23,807 Accrued interest 501,467 Loans 4; 844, 846 Advance to the City (Note 3B) 19,409,727 Restricted cash and investments (Note 2} 38,671,723 Capital assets (Note ~): Nondepreciable 53,081,642 Depreciable, net of accumulated depreciation 9,350;829 Total assets 166,101,794. LIABILITIES Current liabilities: Accounts payable 918,538 Tax refund payable 8;966,48 Other payables '7,414 Deposits 27;»> Due to the City 126,914 Advance from the City (Note 3A) 346,748 Interest payable 1,230,321 Current portion of long-term debt (Note 6) 1,755,426 Noncurrent portion of long-term debt (Note 6) 75.960,434 Total liabilities 89,369.83 ~ NET ASSETS (Note 1F) Invested in capital assets, net of related debt 11,783,759 Restricted for: Debt service 5,305,867 Capital projects 33,238.942 Total restricted net assets 38,544,809 Unrestricted 38,187;1 ~ 0 Total net assets $76,731,959 See accompanying notes to financial statements 10 CITY OF+ SOIJTiI SAN FRANCISCO t2EDEVELOI'IVIENT AG~:NC`d STATEI~'iENT OF ACTIVITIES FOR THE YEAR ENDED ,TU1VE 30, 2008 Expenses: Redevelopment Interest on long-term debt Total Expenses General revenues: Charges for services Tax allocation increment Interest and rental Other Total general revenues Special item -Property iax refund (Note 9) Change in Net Assets Net Assets-Beginning Net assets-Ending See accompanying notes to financial statements Governmental Activities $10,469;346 3,791,730 14.''61.076 35,117 27.363.682 6,130,782 120 33,529,701 (8,416,485) 10.852.140 65.879,819 $76,731,959 11 This Pale Left Intentionally Blanl: r ~ FUND FINANCIAL STATEMENTS All Agency Funds were determined to be Major Funds in fisca12008. They are described below: The MERGED REDEVELOPMENT PROJECT AREA CAPITAL PROJECTS FUND -This fund accounts for property tax increment revenues used for capital projects connected with the Gateway, Downtown, Shearwater and El Camino project areas. The LOW AND MODERATE INCOME HOUSING CAPITAL PROJECTS FUND -This fund accounts for the 20% share of property tax increment revenue directed toward low and moderate income housing projects. The MERGED REDEVELOPMENT PROJECT AREA DEBT SERVICE FUND -This fund accounts for principal and interest associated with the 1999 Revenue Bands, 1997 Downtown Tax Allocation Bonds, 2007A Tax Allocation Bonds, and 1999 Certificates of Participation. The LOW AND MODERATE INCOME HOUSING DEBT SERVICE FUND -This fund accounts for debt repayments for the 1999 revemae bonds. l; CITY OF SOUTH SAN FRANCISCO REDE«LOPlIIENT AGENCY GOVERNA~NTAL FUNDS BALANCE SHEET JUlV~ 30, ?008 CAPITAL PROJECTS FUNDS DEBT SERVICE FLfi'DS Merged Low/1~Iod iVlerged Low/Mod Total Redevelopment Income Redevelopment Income Governmental Project Area Housing Fund Project Area Housing Fund Funds ASSETS Cash and investments $25,033,944 $15,183,809 $40;217,753 Receivables: Accounts 23,807 23,807 Accrued interest 338,081 163,386 501,467 Loans 255,908 4;588,938 4,844,846 Advance to the City 19,409,727 19,409,727 Restricted cash and investments 31,027,345 2,211,597 $5,125,533 $307,248 38,671,723 Total Assets $76,088,812 $22,147,730 $5,125,533 $307,248 $103,669,323 LIABILITIES Accounts payable $897,061 $21,477 $918,538 Other payable 37,414 37,414 Deposits 500 27,055 27,555 Deferred revenue 500,000 50,000 550,000 Due to the City $126,914 126,914 Advance from the City 346,748 346,748 Total Liabilities 1,434,975 445,280 126,914 2,007,169 FUl~ i BALA1vCES: Reserved for: Encumbrances 2,337;825 27;035 2,364.860 Advances 19,409,727 19,409,727 Loans receivable 264,215 4,538,938 4,803,153 Future loan obligations 1;026,633 1,026,633 Debt service 4,998;619 $307,248 5,305,867 Restricted assets 31,084,676 2,211;597 33,296.273 Unreserved Desi~ated 8,991,454 6,999,001 15,990,455 Undesignated 12,565,940 6,899,246 19,465.186 Total Fund Balances 74,653,837 21.702,450 4,998,619 307,248 101,662,154 Total Liabilities and Fund Balances $76,088,812 $22,147,730 $5,125,533 $307.248 $103,669.323 See accompanying notes to financial statements 14 ^ CITY OF SOUTH SAN FRANCISCO REDEVELOPA~IENT AGENCY GOVERNMENTAL FUNDS BALANCE SHEET - RECONCILL4TION OF GOVERNMENTAL FUI~~ BALANCES TO NET ASSETS OF GOVERNMENTAL ACTIVITIES NNE 30, ?008 .~ _~ Total Fund Balances reported on the governmental funds balance sheet ~101,662,1~4 Amounts reported for Governmental Activities in the Statement of Net Assets are different from those reported in the Governmental Funds above because of the following: CAPITAL, ASSETS Capital assets used in Governmental Activities are not current assets - or financial resources and therefore are not reported in the Governmental Funds. 62,432,471 ACCRUAL OF NON-CURRENT REVENUES AND EXPENSES Revenues which are deferred on the Fund Balance Sheets because they are not available currently are taken into revenue in the Statement of Activities. Tax refund payable -Property tax refund (8,416,485) Interest Payable (1,230,321) LOi~iG-TERM ASSETS ANTD LIABILITIES The assets and liabilities below are not due and payable in the current period and therefore are not reported in the Funds: Long-term debt (77,715,860) NET ASSETS OF GOVERNMENTAL ACTIVITIES $76,731,99 See accompanying notes to financial statements 1S CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ~ _ GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES ~ AND CHANGES IN FUND BALANCES I_ FOR THE YEAR ENDED JUNE 3D, 2008 CAPTTAL PROJECTS FUNDS DEBT SERVICE FUNDS Merged Low/1VIad Merged Low/Mod Total k Redevelopment Income Redevelopment Income Governmental Project Arcn Hoasing Fund Project Arcn Iious_ in~Fund Funds "' REVENUES: Tax aIlacntion increment $27,363,682 527,363,682 I Interest and rental 5,020,510 $839,079 $255,495 $15,598 6,134,782 Charges for services 35,I 17 35,1 I7 ~ Others lzo 12o L Totsil Revenues 32,419,429 839,079 255,495 15,698 33,529,701 rs EXPENDITURES: Economic and Community Development 8,229,135 1,345,776 9,574,911 Capital ovUay 35,624,484 681,019 36,305,503 Debt service: Principal retirement 1,822,246 174,400 1,692,296 K interest and fiscal charges l 1,705 3,670,580 124,328 3,806,613 L TotalExpcnditures 43,865,324 2,026,795 5,192,876 294,328 51,379,323 EXCE55 (DEFIClENCV) OF REVENUES OVER EXPENDITURES (11,445,895) (1,187,716) ti (4,937,381) (278,630) (17,849,622) : OTHER FINANCING SOURCES (USES) {548 342) t ~+ Transfer (out) to City for capital outlay (508,342) 435 2 619 842 561 5 4,853,913 276,877 , 13,312,067 Transfers in (Note 4A) Transfers (out} {Note 4A} , , {10,415,755) , , (2,896,312} (13,312,067) (~ Total other l-inttncing sources {uses) (8,304,662) 2,665,534 4,853,9I3 276,877 (308,342) CHANGE I3d FUND BALANCES (19,754,557} 1,477,814 {83,468) {1,753} {18,357,964) Fund balance, July 1 94,404,394 20,224,636 5,082,487 309,401 120,420,118 " Fund bnlaoee, June 30 $74,633,837 521,742,454 $4,998,619 $307,248 5101,662,154 See accompanying notes to the financial slatemeots. f ~- is `~ ~-' CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Reconcilintion of the NET CHANGE IN FUND BALANCES -TOTAL GOVERNMENTAL FUNDS with the STATEMENT OF ACTMTIES FOR THE YEAR ENDED JUNE 30, 2008 The schedule below reconciles the Net Changes in Fund Balances reported on the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balance, which measures only changes in current assets and current liabilities on the modified accrual basis, with the Change in Net Assets of Governmental Activities reported in the Statement of Activities, which is prepared on the full accrual basis. NET CHANGE IN FUND BALANCES -TOTAL GOVERNMENTAL FUNDS 018,357,964) Amounts reported for governmental activities in the Statement of Activities ~ are different because of the following: !I- '~ CAPITAL ASSETS TRANSACTION5 Governmental Funds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is capitalized and atlocated over their estimated useful Lives and reported as depreciation expense. 317,375 Depreciation expense is deducted from the fund balance ( • Capita] assets addition, net ~. 36,235,785 ~ ACCRUAL OFNON-CURRENT ITEMS ~; -~ The amounts below included in the Statement ofActivities do not provide or (require} the use of current Snancial resources and therefore are not reported as revenue or expenditures in `~ governmental funds {net change): Special item -Property tax refund (Note 9) (8,416,485} ;~ Interest expenses 14,$83 '. LONG-TERM DEBT PAYMENTS ' Repayment of debt grineipal is added back to fund balance 1,692,296 CHANGE IN NET ASSETS OF GOVERNIvIENI'AL ACTNIT)ES $10,852,140 ,~ ,~ See accompanying notes to financial statements ..,, .. ., -~ _~ ,~, ~ ~ 17 k~' C.._ _ kT'. L_. C L This Page Left Intentionally Blank L ~:... ~:... l f r CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Uni# Financial Statements NOTE 1-SIGNIFICANT ACCOUN'T`ING POLICIES A. Description of Tlie City of Sotctlt Satt Frattcisca Redevelopment Agency artd Redevelopnterrt Plan - The City of South San Francisco Redevelopment Agency (Agency) was established in 1981 under the provisions of the Community Redevelopment Law (California Health and Safety Code}, for clearance and rehabilitation of areas determined to be in a declining condition in ttie City of South San Francisco. The Agency is authorized to finance the Redevelopment Plan from various sources, including assistance from the City, the State and federal government, property tax increments, interest income and the issuance of Agency notes and bonds. Management and administrative support services are provided by the City. The City Manager serves as the Executive Director, the City Economic and Community Development Director as the Assistant Director and Secretary, and the City Finance Director as the Finance Officer of the Agency. The Agency is an integral part of the City of South San Francisco and, accordingly, the accompanying financial statements are included as a component of the basic financial statements prepared by the City. A component unit is a separate governmental unit, agency or nonprofit corporation which, when combined with aI1 other component units, constitutes the reporting entity as defined in the City's basic financial statements. The Agency is engaged in the redevelopment of four areas described below: The Shearwater Redevelopment Project (Shearwater} consists of a privately owned land parcel, formerly owned and operated by U.S. Steel. The Property is currently under development. The Gateway Redevelopment Project (Gateway) consists of privately owned land parcels. The Iargest property owner, Hines Development Company, has undertaken a large scale, phased development over a multi year period provided in the amended and restated Qwner Participation and Development Agreement dated August 20, 1992 between the Agency and Homart Development Company, the previous land owner (the Homart Agreement). The ~owntofvs Center Redevelops:ertt Project (Dowrttofvn} consists of various land parcels in the downtown area and in other commercial and industrial areas within the City, which are primarily located east of the Bayshore Freeway (U.S. 1 Q 1}. The Board has undertaken plans to upgrade these areas and to encourage better Land use through public improvements. The El Cantisv Corridor Redevelopment Project (EI Cmr:iso) consists primarily of undeveloped and -- under developed parcels along the central arterial street west of U.S. 101. This area, which is bisected by a creek and railroad tracks, is being developed in conjunction with the recent Bay Area Rapid Transit (BART) railway extension to the San Francisco International Airport. In fiscal year 2006, the Agency amended the existing four Redevelopment Plans in order to fiscally merge the four project areas into one. The merger allows the Agency to unite financial resources and ,, facilitate its efforts to better implement its Redevelopment Program in order to alleviate blight and adverse conditions in the four project areas. Each of the four project areas will continue to be governed by its oven Redevelopment Plan with its respective set of redevelopment goals, and time and other fiscal limits. Hotivever, the merger allows the Agency to combine tax increment collection and outstanding indebtedness limits of the existing project areas. J ., I9 f 1 ISCO REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANC 4-~ No#es #o Basic Component Unit Financial Statements ~ NOTE 1 SU1VIl~x.ARY OF SIGNITICANT ACCOUNT POLICIES {Continued) ..,. Basis of Presentation -The Agency's Component Unit Financial Statements are prepared in conformity B 7 ~-~ . The Government with accounting principles generally accepted in the United States of Amenca. Accounting Standards Board is the acknowledged standard setting body for establishing accounting and financial reporting standards followed by governmental entities in the U.S.A. ~_ These Statements require that tine financial statements described below be presented. ~ the Statement of Activities include the Governr~ieut-WIdE S~aiC17t87ItS: The Statement of Net Assets and - financial activities of the overall Agency government. Eliminations have been made to minimize the double counting of internal activities. The Statement of Activities presents a comparison between direct expenses and program revenues for each function of the Agency's goverrunental activities. Direct expenses are those that are specifically ~ ,• function and therefore, are clearly identifiable to a particular function. associated ~ rth a program ar ues include (a) charges paid by the recipients of goods or services offered by the programs, e _ n Program rev (b) grants and contributions that are restricted to meeting the operational needs of a particular program ~ ants and contributions that are restricted to financing the acquisition or construction of and (c) fees, gT are presented as including alI taxes ues . , , capital assets. Revenues that are not classified as grogram reven general revenues. Fund Financial Siaterr:eats: The fund financial statements provide information about ,the Agency. The emphasis of fund financial statements ted d ~ . are presen Separate statements for each governmental fun each of which is displayed in a separate column. All remaining r individual funds j i ~ ~~. , o s an ma governmental funds are aggregated and reported as nonmajor funds. r ~ 1 dt the A enc- 's tna~Ur C. Major Funds - CiA.Sli Statement 34 dermes major Tunas and requires ~h~ g ,~ ~" governmental-type funds be identified and presented separately in the fund financial statements. ~:, ~, Major funds are defined as funds that have either assets, liabilities, revenues or expenditureslexpenses . The A enc ma also e total and five percent of the grand total. g y Y fund~t f th ~~ yp en equal to ten percent o select other funds it believes should be presented as major funds. The Agency reported all of its d f s: un governmental funds in the accompanying financial statements as major Merged Redevelopment Project Area Capital Projects Fund- This fund accounts far property tax Downtown, Shearwater and El ith the Gateway d t , w e increment revenues used far capital projects connec Camino project areas. Low And 11'Ioderate Income Housing Capital Projects Fund -This fund accounts for the 2Q% share of property tax increment revenue directed toward low and moderate income housing projects. f n~~ Merged Redevelopment Project Area Debt Servi I or ~~ ~A T o u x Allocation Bandse and 1999 s B d a t 1999 Revenue Bonds, 1997 Downtown Tax Allaca , Certificates of Participation. ments far the bt r d epay e ousin Debt Service Fund -This fund accounts far Low and Moderate Income H g 1999 revenue bonds. . 20 i I Y .: :r .~ .. 1 -:~ CITY OF SOIITH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 1- SIfSVl1~IARY OF SIGNIFICANT ACCOUNT POLICIES (Continued) D. Basis of Accounting -The government-wide financial statements are reported using the economic resources meastrf•ement focus and the full accrual basis of accounting. Revenues are recorded when ear•~red and expenses are recorded at the time liabilities are inctmred, regardless of when the related cash flows take place. Governmental funds are reported using the ctrrrer7t financial resources measurement focus and the mod~ed accruttl basis of accounting. Under this method, revenues are recognized when measurable and available. The Agency considers al] revenues reported in the governmental funds to be available if the revenues axe collected within sixty days after year-end. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on general long term debt, claims and judgments, and compensated absences, which are recognized as expenditures to the extent they have matured. General capital asset acquisitions are reported as expenditures in governmental funds. Proceeds of general long-term debt and acquisitions under capital leases are reported as other fr:alzcing sozrr•ces. Non-exchange transactions, in which the Agency gives ar receives value without directly receiving or giving equal value in exchange, include property taxes, grants, entitlements, and donations. On an accrual basis, revenue from property taxes is recognized in the fiscal year far which the taxes are levied. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. ti Qther revenues susceptible to accrual include interest and charges for services. Under the terms of grant agreements, the Agency may fund certain programs with a combination of cost- reimbursement grants, categorical block grants, and unrestricted redevelopment revenues. Thus, both restricted and unrestricted net assets are available to finance program expenditures. The Agency's policy is to first apply restricted grant resources to such programs, followed by unrestricted redevelopment . revenues if necessary. E. Caprtal Assets -All capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Contributed fixed assets are valued at their estimated fair market value on the date contributed. Capital assets excluding infrastructure are capitalized if costs exceed $5,Q00. The similar threshold for infrastructure is $1QO,OQO. With the implementation of GASB Statement 34, the Agency is required to record all its public domain (infrastructure) capital assets, which include roads, bridges, curbs and gutters, streets and sidewalks and drainage systems. Infrastructure assets are transferred to the City upon completion as the City will maintain them. GASB 34 required such assets to be excluded from the Agency's financial statements and included in the City's financial statements. GASB Statement 34 requires that all capital assets with limited useful lives be depreciated over their estimated useful lives. Alternatively, the "modified approach" maybe used for certain capital assets. 21 3 + PMENT AGENCY ~ -- CITY OF SOUTH SAN FRANCISCO REDZ;VELO Notes to Basic Component Unit Financial Statements :: ~._.. NOTE 1- SUlVJ[MARY OF SIGNIFICANT ACCOUNT POLICIES (Continued) De reciation is not provided under this approach, but all expenditures on these assets are expensed, ~. P unless they are additions or improvements. The u ose of depreciation is to spread the cast of capital assets equitably among all users over the life l iP at ear's ro rata ~~- P of these assets. The amount charged to depreciation expense each year represents y P share of the cost of capital assets. ~ ' tions each ear and the total ~-- Depreciation of all capital assets is charged as an expense against opera Y amount of depreciation taken over the years, called accumulated depreciation, is reported on the balance sheet as a reduction in the book value of capital assets. ~. Depreciation is provided using the straight Line method which mew s ~e Gb yea~tbuntil ewe ~1 s ded billy expected usefiil life in years and the result is °e~'~ tded below to capital assets. depreciated. The Agency has assigned the useful by Buildings & Improvements SO years ` ~.. Land Improvements 30 years Infi-astructure 65 years 5-20 ears ~- Machinery and Equipment y Furniture and Fixtures 12 years ~:.: F. Net Assets -GASB Statement 34 adds the concept of Net Assets, which is measured on the full accrual basis, io thG cou~ept of Fund Balance, which i5 measu-red an the mod~ed accrual bas Net Assets is the excess of all the Agency's assets aver all its liabilities, regaralels o ~ ~ NettA sets, - are divided into three captions under GASB Statement 34. These captions pp y y which is determined only at the Govec-nment-wide level, and are described below: Invested in Capital Assets, fret of ]-elated debt describes the portion ofNet Assets which is represented by the - f the A enc 's capital assets, less the outstanding balance of any debt issued to current net book value a g y finance these assets. 1 describes the ortion of Net Assets which is restricted as to use by the terms and conditions of Restrtcted p ` agreements with outside parties, governmental regulations, laws, or other restrictions which the Agency cannot unilaterally alter. These principally include resources received for debt service requirements; edevelo ment funds restricted to low and moderate income purposes. r p Unrestt•icted describes the portion of Net Assets which is not restricted as to use. r 22 J a ,l ,l y 1 -_; 3 ~'i CITY OIt' SUUTI3 SAN FRANCISCO REDEVELOPMENT' AGENCY Notes to Basic Component Unit Financial Statements NOTE I. - SUNIlVIARX OF SIGNIFXCANT' ACCOUNT POLICIES (Continued) G. Ftrr:d Balartc~ Reserves mid Designatinns -Governmental fund balances represent the net current assets of each fund. Net current assets generally represent a fund's cash and receivables, less its liabilities. Portions of a fund's balance may be reserved or designated for future expenditure. Reserves are restrictions placed by outside entities, such as other governments, wluch restrict the expenditures of the reserved funds to the purpose intended by the entity which provided the funds. The Agency has reserved fund balances as follows: Reserve for Encumbrances - To account for assets set aside for goods and services to be received Reserve for Advances - To account for advance payments received set aside to represent amounts that do not represent available current resources. Reserve for Loans Receivable - To account for assets that have been set aside to represent loans receivable amounts that do not represent available current resources. Reserve for Future Loan Obligations - To account far bond proceeds to be loaned for future redevelopment projects. Reserve far Debt Service - To account for assets that are restricted for future debt service payments. Reserve for Restricted Assets - To account for assets that are restricted pursuant to the Agency' long term . debt agreements. Unreserved-designated - To reflect amounts specifically designated for projectslactivities by official action ,~ of the Agency. Designations are imposed by the City of South San Francisco Redevelopment Agency to reflect future spending plans or concerns about the availability of future resowces. Designations may be modified, + amended or removed by The City of South San Francisco Redevelopment Agency. ~~ H. Bctdgets mcd Brcdgetary Accorattutg -Prior to June 1, the City Manager submits to the City Council a proposed operating and capital budget for the upcoming fiscal year. The proposed budget includes a summary of proposed expenditures and forecasted revenues of the Agency's governmental funds. The City Council adopts the budget by June 30 through passage of an adopted resolution. a The Agency Executive Director may transfer appropriations from one program, activity, or object to another within the same fund. However, transfers of appropriations which increase total fund -- appropriations must be approved by the Agency Board. All unexpended appropriations Iapse at the end of the fiscal year. 2~ CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 1- SUNIlYIARY OF SIGNIFICANT ACCOUNT POLICIES (Continued} I. Properfy Tax Increment -All property taxes are levied and collected by the County Auditor of the County of San Mateo and paid to the various taxing entities including the Agency. Secured taxes are due on November 1 and February 1 and become delinquent on December 10 and April 10, respectively. Unsecured taxes are due on July 1 and become delinquent on August 31. The lien date far secured and unsecured property taxes is January 1 of the preceding fiscal year. Property tax increment revenues include only property taxes resulting from increased assessed, values and are recognized in the fiscal year far which the taxes have been levied, provided they become available and measurable within the current period or soon enough thereafter to be used to pay liabilities of the current period. NOTE 2 -CASH AND INVESTMENTS Agency cash not held by the Trustee is included in a Citywide cash and investment pool. The City's cash is fully collateralized with securities held by an agent of the pledging financial institution in the City's name. The Agency's goal is to invest at the maximum yield, consistent with safety and liquidity, while individual funds can process payments for expenditures at any time- The Agency's investments are carried at fair value, as required by generally accepted accounting principles. The Agency adjusts the carrying value of its investments to reflect their fair value at each fiscal year end, and it includes the effects of these adjustments in income for that fiscal year. A. Classifreation Cash and investments as of June 30, 2Q08 are classified in the financial statements as shown below, based on whether or not their use is restricted under the terms of Agency debt instruments or Agency agreements. Financial Statement Presentation: Statement of net assets: Cash and investments available for operations Restricted cash and investments Total cash and investments $44,217,753 38,671,723 $78,889,476 --'-. C 24 If~ __~ .~, ;r _~ :^ i ~~ ,~ --~ .~ :r .R a a L _~ ,~ CITY OF SOUTH SAN FRANCISCO IZ~CDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 2 ~ CASH AND INVESTMENTS {Continued} B. Investments Atttlrarized by Debt Agreements The Agency must maintain required amounts of cash and investments with trustees or fiscal agents under the terms of certain debt issues. These funds are unexpended bond proceeds or are pledged as reserves to be used if the Agency fails to meet its obligations under these debt issues. The California Government Code requires these funds to be invested in accordance with Agency ordinance, bond indentures or State statute. The table below identiftes the investment types that are authorized for investments held by fiscal agents. The table also identifies certain provisions of these debt agreements: Minimum Maximum Maximum Credit Percentage Authorized Investment Type Maturity _ Quality of Portfolio U.S. Treasury Obligations NIA NIA No Limit U.S. Agency Securities NIA NIA No Limit Highest Banker`s Acceptances 360 days Rating No Limit Category Highest Camurercial Paper ?70 days Rating No Limit Category 1 Highest State and Local Investment Pool NlA Rating No Limit Category Guaranteed Investment Contracts (fully collateralized} (A} NIA AAA No Limit Municipal Obligatians . State Obligations Highest N/A Rating Na Limit Category Two Highest NIA Rating No Limit Categories {A} Guaranteed Investment Contracts must be fully collateralized with U.S. Treasury Obligations or U.S. Agency Obligations. 75 CITY OF SOUTH SAN FRANCISCO ItEDFV'' LOPNi~NT AGENCY Notes to Basic Component Unit )Financial Statements NOTE 2 -CASH AND INVESTNIFNTS (Continued) C. I~xterest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Normally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. Qne of the ways that the Agency manages its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flaws from maturities so that a portion ash flowoandll~ uidity needed for operations.e to maturity evenly over time as necessary to provide the 9 Remaining maturity Local Agency lnvesiment Fund Money Market Funds Collateralized Investment Agreements U.S. Agency Securities Callable City of South San Francisco Treasury {A) Tota] Cash and Investments Less than One to Five Mare than 1 year Years ^ Five Years $22,624,153 ? 12,686 ?7,374,148 $3,955,550 Total $22,624,153 212,686 31,325,698 $961,545 961,545 23,765,394 23,765,394 - X73,972,381 $961,545 $3,95S,SS4 $78,889,476 (A) The Agency participates in the City of South San Francisco Cash and Investments pool, detail of which is presented in the City's Comprehensive Annual Financial iceport. The Agency is a voluntary participant in the Loca] Agency Investment Fund (LATE) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. The Agency reports its investment in LAIF at the fair }able forowithdrawa] on demand, which is the same as the value of the pool share. The balance is av and is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are collateralized mortgage obligations, mortgaSe- baclced securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, United States Treasury Notes and Bills, and corporations. C C C. C C C f_. C C ~... ~. C z6 .~ CITY OF SOUTH SAN FRANCISCO REDEVELOPMCNT AGENCY Notes to Basic Component Unit Financial Statements NOTE 2 -CASH ANA INVESTMENTS (Continued} D. Credit Risk Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the actual rating as of June 30, 2008 for each of the Agency's investment types as provided by Standard and Poor's investment rating system: Investment Type AAA rated: Money Market Funds $212,686 U.S. Agency Securities 961,545 IYot rated: Collateralized Investment Agreements - 31,325,698 Local Agency Investment Fund 27,624=153 City of South San Francisco Treasury (A) 23,765,394 Total Cash and Investments $78,889,476 (A) The ,agency participates in the City of South San Francisco Cash and Investments pool, detail of which is presented in the City's Comprehensive Annual Financial Report. E. Concentration of Credit Risk The Agency's investment policy contains no limitations on the amount that can be invested in any one `+ issuer beyond that stipulated by the California Government Code. Tnves±`nen+.s uu any ore tssuer, -~ other than U. S. Treasury securities, mutual funds, and external investment pools, that represent 5% or mare of total Entity-wide investments are as follows at June 30, 2408: :~ Reporting Investment Unit Issuer Type Amount Entity-wide Morgan Stanley Collateralized investment agreement ~31,325,69B Investments in any one issuer that represent 5% or mare of total investments by major hand were as =-~ follows at June 3Q, 2008: Investment Reporting Amount --~ Unit Issuer _ TYPe Major Funds: Capital Project Funds Morgan Stanley Collateralized investment agreement $31,325,69B i -~ 27 . i CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY _-~_ Notes to Basic Component Unit Financial Statements ._ NOTE 2 -CASH AND INyESTMENTS {Continued) L.- F. Subsegrrerrt event Subsequent to June 30, 200$, the Agency was informed that management of the San Mateo County vestment Poal removed certain investments issued by Lehman Broth ~ ~o he bank ptcy f led by ~..._ In Brothers) from the Pool and classified them as non-perfarmmg assets u not be collectable. Lehman Bothers. This write-down reflectbs}~ at this timet At September 30 52008, the Agency's share Ultimate recovery, if any, is not determ ~___ of the loss is estimated to be around $20],421. -._._ i ~. ~~ 28 1 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 3 -ADVANCES WITH THE CITY OF SOUTH SAN FR_A.NCISCO A. Advance from the City As of June 30, 2008, the Low/Mod Income Housing Capital Projects Fund owed the City Community Development Block Grant Fund in the amount of $34b,748. The advance bears no interest and the outstanding balances will be paid off from the low and moderate rental revenues generated from the Agency awned apartment complex located on 339-341 Commercial Avenue. I .~. Advance to flee City As of June 30, 2008, the City Capital Improvement Capital Projects Fund owed the Merged Redevelopment Project Area Capital Projects Fund for developer fees in the amount of $17,709,727 for ~ the Flyover and Hookramps Projects that were completed in prior years. The advance bears 4.585% interest annually and the outstanding balance will be paid off from the future developer fees. The City Sewer Rental Enterprise Fund owed the Merged Redevelopment Project Area Capital Projects Fund for development of sewer infrastructures in the amount of $1,700,000. The advance bears no ~ interest and the outstanding balance will be paid off from future sewer fees. NOTE 4 --INTER-FUND TRANSACTIONS A. Transfers ~ Transfers between funds during the fiscal year ended June 30, 2008 were as follows: Frtt3l-i FiJ'NI]: T7 FL1i~1n: Ai~D Jlti; Redevelopment Agency Cnp[tnl Project Funds: Merged Redevelopment Low/Mod Income Housing Capital Project Fund $5,561,842 (A) Merged Project ArEa Debt Service Fund $4,853,913 {$} LowlMod Income Housing Merged Redevelopment Capital Project Fund 2,b 19,435 {C} Low/Mod Housing Debt Service Fund 276,877 (B) ToW $13,312,067 The reasons for these transfers are set forth below: (A) Set aside ?0% of property trot increment for Law and Modernte Housing Capital Project Fund. (B) Far debt service {C) Far capital projects ~~ CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 5 -CAPITAL ASSETS Changes in the Capital Assets consisted of the following: _- ~- Balance Adjustments Balance Jvne 30, 2007 Additions & Retirements Trn_nsfers June 30, 2408 7. Gavernmentnl activities Capital assets not being deprecinted: 478 825 $43 Land $15,674,697 $28,150,78] , , Construction in Progress 3,2D9,704 7,907,339 _ ($1,860,879) 9,256,164 a,. ~ Total capita] assets not being depreciated 18,884,401 36,D5B,120 _(1,860,879) 53 081 642 ' Capital assets being deprecinted: t 162 100 6 135?04 1,860,879 8,047,245 3. s Buildings and Improvemen , , I9 2 125 Land Improvements 2,125,1 l9 ,; , ..97 166 InfmstrUCture 188,297 , 076 125 , Machinery and Equipment 125,076 , 452 23 ~ Office Equipment 23,452 , 506 21 '. Furniture and Fixtures 21,506 , 645 1 D5 Vehicles 69,139 36,506 , reciated de b i t i l 751 652 8 172,710 1,860,879 10,686,340 ~,,,_. p e ng asse $ tn Total ca P , , Less accumulated depreciation for. 435) (471 (217,757} $5,255 (683,437) Buildings and Improvements , 579) (378 {70,837) (449,416) Land Improvements , (28?44} {6,277) ~ (34,521} Infrnsiructure Machinery and Equipment (8D,448} (4,972) (9D,420) Qffice Equipment (21,777) (1,b75} (73,452) 299} (13 Furniture and Fixtures (11,507) {1,792} , 466} (40 Vehicles (32,101) (9,065) 70D , .. Total accumulntcd depreciation (1,024,041) (317,375) 5,955 x,335,5 i l (~ ~ recinted de t i b it l 628,660 7 {144,665) 5,955 1,850,879 9.350,829 p e ng asse s a Nat arp , Governmental nttivity capital assets, net $26,513,061 $35,913,455 $5,955 $b2,432,471 Depreciation expense has been allocated to the Redevelopment activity on the statement of activiti es. ~.... C C ~_ 30 CITY OF SOUTH SAN FRANCISCO REDE'VELOP1YIIi;NT AGENCY Notes to Basic Component Unit Financial Statements NOTE 6 -LONG-TERM OBLIGATIONS !' A summary of governmental activities long-term debt changes far the f seal year end ed June 30, 2008, follows: Authorized Principal Principal "! and Outstanding Outstanding Current T c of Obli ution Issued Junc 34, 2047 Retirements June 34, 2008 Partian 200b Revenue Donds, 3.75 to 5.13%, due 9!1!35 (A} $70,675,000 $b9,745,Ox4 $1,230,000 000 $68,SIS,000 004 SD2 I $1,27~,Oxx aaD 1 IZ 2000 HUD Section 108, 4.4 to 6.6°/p, due 8!1/23 (B) 1,750,OD0 1,G14,OOa ODD 112, 00a 170 , , 000 485 2 , 184,004 i 1499 Revenue Bonds, 3.3 to 5.0%, due 911/18 (C} 31,720,0x0 2,6SS, , , , ]999 Certificntes ofPnrticipntion, 3.2 to 5.4%, D00 145 6 5,2DO,a00 140,x00 S,D60,a0D 14S,Qa0 , , due 4/1/29 (D) •! 1989 Cnlifarnin Heufth Facilities Financing Authority 156 ! 94 296 40 153,860 _43,426 .i (CHFPA} Revenue Bonds, 7.2%, due 9/23/11 (E) 563,OD0 _ , , .~ Totnl Redevelopment Agency $110,853,000 $79,408,156 $1,692?96 $77,715,86a $1,755,426 .~ {A) On April 19, 2006, the Agency issued $70,675,000 of Tax Allocation Revenue Bonds, Series 200bA to ~) advance refund and defease $9,920,000 of the 1997 Downtown Tax Allocation Bonds and $23,860,000 of the ~ 1999 Revenue Bonds, and to finance various redevelopment projects. Net proceeds of $9,364,974 and $3,753,130 plus an additional $801,925 and $20,039,830 from the 1997 and 1999 bonds were used to purchase '1 U.S. government securities for the 1997 Downtown Tax Allocation Bonds and 1999 Revenue Bonds, ~? respectively, Those securities were deposited in irrevocable trust with an escrow agent to provide for all future debt service payments. The 1997 and 1999 bonds are considered to be defeased'and the liabilities for those bonds have been removed. As of June 30, 2008, $9,405,000 and $21,420,000 of principal remained outstanding on the defeased 1997 and 1999 bonds, respectively. Interest on the 2006 Bonds is payable an each March 1 and September 1. The 2006 Bonds are special obligation of the Redevelopment Agency payable solely i~oiri and secured by a ~! pledge of tax revenues generated within the project area. Interest on the 2006A Bonds is payable on each March 1 and September 1. Principal payments are due each September !.The pledge of future tax revenue ~~ ends upon repayment of the $125,713,511 in remaining debt service on the bonds which is scheduled to occur in 2036. As disclosed in the originating offering documents, projected net revenues are expected to provide coverage over debt service of 3.41 aver the life of the bonds. For fiscal year 2008, tax revenues available for debt service amounted to $27.4 million which represented coverage of 6.1 over the $4.S.million in debt service (B) In Inlay 2000, the City and Redevelopment Agency secured a "Contract far Loan Guarantee Assistance under Section 108 of t11e Housing and Community Development Act of 1974, in the aggregate principal amount of 0 000 the 2000 HUD Section 108 Loan). The proceeds of the HUD Section 108 Loan were used to $1,75 ( finance the acquisition of real property (and related relocation), rehabilitation of rental housing, and the rehabilitation of a public facility, pursuant to 24 CFR Statute 570.703{a}, (d}, {h} and (1}. " Under the Contract, the City and the Redevelopment Agency pledge: (a) all allocations or grants under Section l Ob of Title I, or Section l 08 (q} of Title I; (b) program income, as defined at 24 CFR Section 570.500 {a); (c) tax ~~ increment revenues and receipts available to the Redevelopment Agency; {d) all proceeds from foregoing; and (e) all fitnds or investments in accounts established by the Contract. f 31 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY Notes to Basic Component Unit Financial Statements NOTE 6 -LONG-TERM OBLIGATIONS (Continued) (C) On February 1, 1999, the City of South San Francisco Capital Improvements Financing Authority {CIFA) issued $31,720,000 of 1999 Revenue Bonds to finance tax allocation bands of the Redevelopment Agency. The 1999 revenue bonds are obligations of the CIFA although the Redevelopment Agency is required to make bond principal and interest payments from the Gateway increment tax and housing set-aside revenues. The 1999 Revenue Bands are, in substance, obligations of the Redevelopment Agency, and have therefore been recorded as such in these financial statements. On April 16, 2006, the Gateway principal portion of the $23,860,000 was refunded as discussed in (A) above. As of June 30, 2008, the Housing Set Aside's portion of the bonds outstanding was $2,485,000. The 1999 Revenue Bonds were issued to provide fiznds to pay loans {Homan Development), to finance redevelopment activities and to refund the 1993 Gateway tax allocation bands, which were due in 2018. Net proceeds of $9,614,978 plus an additional $956,470 of 1993 bond reserve funds were used to purchase U.S. government securities. Those securities were deposited in an irrevocable trust with an escrow agent to provide for all future debt service payments on the 1993 bonds. As a result, the 1'993 bonds are considered to be defeased and the liability far those bonds has been removed. As of June 30, 2008, $6,940,000 of principal remained outstanding an the defeased 1993 bonds. (D) On February 1, 1999, the City issued $6,145,000 of 1999 Certificates of Participation (COPS} to finance the acquisition of the land and improvements used and operated as the City of South San Francisco Conference Center. During fiscal 2003/04, pursuant to a resolution of the Redevelopment Agency Board, tax increment revenues were pledged to pay debt service on the 1999 COPS. The pledge of future tax increment revenue ends upon repayment of the $8,283,714 in remaining debt service on the bonds which is scheduled to occur in 2029. For fiscal year 2008, tax revenues available for debt service amounted to $27.4 million which represented coverage of 69.1 over the $396,748 in debt service {E) On April 6, 1989 the City received $563,000 from the California Health Facilities Financial puthoriry for construction of the adult day care facility in the Magnolia Senior Center. Tax increment revenues were pledged to pay debt service on the bonds. As of June 30, 2008, future debt service is as follows: Governmental Activities Year >;ndin June 30 Principal Interest - 7009 $1,755,426 3,708,561 2010 1,823,798 3,633,084 2011 1,892,429 3,555,950 2012 1,930,207 3,475,450. 2013 1,982,000 3,394,307 20 ] 4-2018 11,185,000 15,56b,3 46 2019-2023 12,400,000 12,754,570 2024-2028 14,977,000 9,434,617 2029-2033 17,385,000 5,324,000 2034-2035 12,385,000 948,875 Totals $77,715,860 $61,795,760 C r C 32 CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY ~ Notes to Basic Component Unit Financial Statements OTE 7 -PASS-THROUGH PAYMENTS Pursuant to California Redevelopment Law (Health and Safety Code Section 33607.5), the Agency is obligated to pass-through a portion of the gross tax increment received on the Project Area to jurisdictions within the project area. In fiscal 2007-2008, the Agency calculated and remitted $4,655,621 in pass- through payments to the affected jurisdictions. The State also directed that the above amounts be included in the Agency's fatal incremental property tax receipts far purposes of calculating the amounts to be set aside far Low and Moderate Income Housing. NOTE S - COMIVIlTIVLENTS AND CONTINGENCIES The Agency leases land to a private developer, Magnolia Plaza Associates, who built and operates low and moderate income multi-family housing on the leased Land. At the end of the 75 year lease, May 1, 2062, title to all improvements on the land shall vest to the Agency. Lease revenue is included in interest and rental revenues. Future minimum payments to be received under the land as follows: Year ending Land Lease June 30, Payments ZOOq $51,80D 2010 51,800 2011 51,800 2012 51,800 Therea$er 2,53 8,200 $2,745,400 In fiscal year ZOOS, the Agency approved a Settlement and Release Agreement with the County of San Mateo to mitigate the County's financial losses due to the proposed plan amendments and the fiscal merger of the four redevelopment project areas. The a~eement calls for the Agency to fund the cost of certain County public improvements or rent waivers up to $S,OOD,DDO, with payments not to exceed $Z,DOO,D00 during fiscal years 200b and 2007 and $3,OD0,000 during the period commencing with fiscal year 20D8. Durinb fiscal year 2008 the Agency made a payment of $1,573,872 to the County. The Agency is involved in several legal proceedings arising from its normal operations. It is the opinion of management that any obligations which may result from such legal proceedings will not have a material effect on the financial position of the Agency. NOTE 9 -SPECIAL ITEM On April 1, ZODB, the San Mateo County Superior Court ruled that in a prior decision going back several years for several parcels in South San Francisco, the San Mateo County Assessment Appeals Board (AAB} "did not hear (the applicant's appeals case) within the time frame specified in California Revenue and Taxation Code Section 1604(c)". As a result of the untimely hearing, the court ruled that the applicant "is entitled to have enrolled its opinion of value (for affected parcels}" rather than the County's opinion of value far the parcels and years in question. The applicant was a large biotechnology company based in South San Francisco. ~3 OF SOUTg SAN FRANCISCO REDEVELOPMENT AGENCY ~_.'. CITY Notes to Basic Component Unit Financial S#atemeats ~__. NOTE 9 -SPECIAL ITEM (Continued) The difference between the applicant's opinion of value and the County's opinion of value totaled $18.1 e Court ruled that the ~-, million for all affected prior tax years, including interest due to the applicant. Th amount must be refunded to the large biotechnology firm. Money for that refund comes from two sources. About half of the refund will come from the South San Francisco Redevelopment Agency, and the remainder will come from all taxi-ng entities in San Mateo County. Two of the parcels impacted by the April 1 ruling are in the Downtown Redevelopment Project Area, and fin' `, the County will be deducting that refund amount directly from the Redevelopment Agency's December L 2048 property tax payment. The County applies all supplemental roll adjustments for Redevelopment area parcels directly back to those areas. The County has indicated that the refund amount for these areas, including interest, totals $8.9 million. The Agency has already identified sufficient funds in 2008-09 to cover this refund, with no resulting impact on the Agency's debt service payments or other legal obligations. _. The remaining parcels are in non-Redevelopment within the City limit. Those refunds will be deducted from all the taxing entities in the County, as is the County's practice for all supplemental adjustments to the -~ roe tax rolls for non-Redevelopment parcels. The City's (General Fund) share of this refund is P P rty $124, 000. The April Superior Court ruling covered numerous prior tax years, and the ruling further stated that it would remain in effect "until the fiscal year in which the AAB holds a~ hearing and makes a final determination an the" application. Since the AAB subsequently held a hearing and made a determ-ination . prior to June 30, 2008 for the 2008 roll year, the County's assessment of value for the impacted parcels, and not the applicant's, will be in effect for on an ongoing basis for tax years 200$ and beyond, absent any future successful challenges. Therefore, the ruling on the untimely hearing by the County is a one time event. To reflect the large reduction to the Redevelopment Area, the Agency has designated X8.9 million of fund balance on the Fund statements as of June 30, 2008 as Reserved for Pending Property Tax Refund. To ~, reflect the financial statements on a full accrual basis, an expense has been recorded on the Statement of Activities in current fiscal year for $8.4 million. $0.5 million was expensed in prior year. C C C C C i J. 34 CITY OF 5OUTH SAN FRANCISCO REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROJECT AREA CAPITAL PROJECTS FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND ACTUAL (NQN GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, ?008 REVENUES: Tax allocation increment Interest and rental Charpe5 fDI 5erv1CC5 other Total Revenues EXPENDITURES: Economic and Community Development Capital outlay Debt service: Interest and fiscal charges Total Expenditures FXCrSS (DEPiCIENC~ OF REVENUES OVER EXPENDI I U1tES U'l~H!/lt )•1NAN(;1NU SUUltCES {U5L5) Proceeds of debt and capital leases Tr~;sfer In Transfers out Tatal afl~er financing sources (uses) CHANGE TN FUND BALANCES Fund balance, July 1 Fund balance, June 30 Variance with Final Budget Positive Budget Actual Amounts (Negative) $23,598,065 $27,363,682 $3,765,677 3,044,000 5,020,510 1,921,510 35,117 35,117 12a 120 26,697,065 32,419,429 5,722,364 8,846,002 8,229,135 616,867 43,944,217 35,624,484 8,319,733 11,705 (11,705) 219 790 52 43,865,324 8,924,895 , , {26,093,154) (11,445,895) 14,647,254 1,150,000 (1,150,000} 17,429,795 2,619,435 {14,810,360} 052) {25 997 (]0,924,097) 15,072,955 , , (7,4I7,257) _ (8,304,b62) {887,405) 033,5]0,417) (19,750,557) $13,759,854 94,404,394 $74,653,837 3~ ~ ' CISCO REDEVELOPMENT AGENCY CIfiY OF SOUTH SAN FRAM -- - LOWlMOD TNCOME HOUSIl~IG CAPITAL PROJECTS FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 20Q8 ariance with V Fins! Budget Positive Budget Actual Amounts (Negafiive} REVENUES' 040 $610' $839,079 $229,079 Interest and rental .- 610,000 839,079 229,D79 Total Revenues EXPENDITTJRES: 5 $42 87b 1,372,811 4,504,031 , , Economic and Community Development 5,131,224 681,019 4,450,205 Capital outlay 008,066 11 2,053,830 8,954,236 , Total Expenditures EXCESS (DEFICIENCY} OF REVENUES 398,066) (10 (1,214,751) 183,315 9> ~ .. , pVEREXPENDITURES _ OTI'IERFINANCING SOURCES (USES} 5,005,757 5,561,84? 556 OBS 'T'ransfers in ~ 59i (_,465, ) (2,896,312} 69,279 Transfers (out) 166 040 2 2,665,530 625,364 , , Total other financing sources (uses} ($8,357,900) CI-IANGE IN FUND BALANCES 1,450,779 $9,80S,b79 ~ basis: Adjustment to budgetary 27,035 ' Encumbrance adjustments 20,224,536 Fund balance, July 1 , , $21,702,450 Fund balance, June 30 ~. 36 CITY OF SOUTH 5AN FRANCISCO REDEVELOPMENT AGENCY MERGED REDEVELOPMENT PROTECT AREA DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL {NON GAA.P LEGAL BASIS) FOR THE YEAR ENDED JUNE 30, 2008 Variance with Final Budget Positive Budget Actual Amounts (Negative) REVENUES: $255,49a $?55,49 Interest and rentals 255,495 255,495 Total Revenues EXPENDITURES: Current: $5,400 9,4b8 (4,Ob8) Other Debt service 1,692,296 1,52?,29b 170,000 Principal retirement 775 780 3 3,661,112 119,663 Interest and fiscal charges , , 471 478 5 5,192,876 285=5~5 Total Expenditures , , EXCESS (DEFICIENCY} OF REVENUES (5 478,471) (4,g37,38I} _541,090 OVER EXPENDITURES , ~ OTHER FINANCING SOURCES (I7SES) 127,480 5 853,913 4, (273,567) Transfers in , 480 127 5 4,853,913 (?73,567) Total other financing sources (uses} , , CHANGE IN FUND BALANCES ($350,991) (83,468} $267,523 5,082,087 Fund balance, July 1 $4,998,619 Fund balance, Tune 30 ~~ CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY LOWtMOD INCOME HOUSING DEBT SERVICE FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE BUDGET AND .ACTUAL (NON GAAP LEGAL BASIS) FOR THE YEAR ENDED T[JNE 30, 2048 REVENUES Interest and rentals Total Revenues EXPENDITURES Debt service: Principal repayments Interest and fiscal charges Total Expenditures EXCESS (DEFICIENCY} OF REVENUES OVER (UNDER} EXPENDITURES OTHERF]NANCiNG 50URCES {USES) Transfers in CHANGE IN FUND BALANCES Fund balance, July 1 Fund balance, June 30 Variance Positive Budget Actual (Negative) X15,698 SI5,698 15,698 _ 15,698 $177,393 170,000 7,393 272,202 124,328 ~ _ 147,874 449,595 294,328 _ 155,267 (449,595) (278,630) 170,965 345,591 276,877 (68,714) (104,004) (1,753) $102,251 309,001 $307,248 38 C C C C C C r Maze & ASSOCIATES ACGOUN7ANCY C13RPQRATI~N 3478 Buskirk Ave. -Suite 215 Pleasanf Hill, California 94523 (925) 930-0902 • FAX (925} 930-Oi35 maze@mazeassociates. com www. mazeasso cla tes. com REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER. FINANCIAL REPORTIPiG BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT A UDITIIVG STANDARDS Members of the Governing Board of the City of South San Francisco Redevelopment Agency South San Francisco, California We have audited the financial statements of the Redevelopment Agency of the City of South San Francisco as of and for the year ended June 30, 2008, and have issued our report thereon dated December l 8, 2008. We have conducted our audit in accordance with generally accepted auditing standards in the United States of America and the standards applicable to financial audits contained in Gover-lxnaent Auditing Stcmdcrrds, issued by the Comptroller General of the United States. ,~ I~~ternnl Control o>>er Financial Repor7irtg In planning and performing our audit, we considered the Agency's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Agency's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Agency's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management ar employees, in the normal course of performing their assigned functions, to prevent ar detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control def ciencies, that adversely affects the Agency's ability to initiate, authorize, record, process, or report financial data reliably in accordance with~generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the Agency's financial statements that is more than inconsequential will not be prevented or detected by the Agency's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in mare than a remote likelil~ood that a material misstatement of the financial statements will not be prevented ar detected by the Agency's internal control. Our consideration of internal control aver financial reporting was for the limited purpose described in the second paragraph and would not necessarily identify all deficiencies in internal control over financial reporting that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. ' A Professional Gorporatlon 39 ~" .; Compliance and OtlrerA~atters ~~~ As part of obtaining reasonable assurance about whether the Agency's financial statements are free of . fits cam liance with certain provisions of laws, regulations, ~__~_ material misstatement, we performed tests o p contracts and grant agreements, noncompliance with which could tests of com liance withlprovisions of determination of financial statement amounts. Our audit included ~ p rovidin an the Guidelines or Corn lirn7ce Azrdits a Cali ornia Redevelo n:e~1af ourraudit and,vaccordingly, we do opinion an compliance with those provisions was not an ob~ectiv not express such an opinion. The results of our tests disclosed no instances of noncompliance that are ed under Go>>ernment Auditing Standard. ~_..... required to be report This report is intended far the information of the Board, managementea b f an tone other than the abo e i entities and is not intended to be and should not be u y Y ~, ,__. pass-througl parties. _ December I8, 2QQ8 ~~ -~ .._. r~ ~::,. r~ -, r ~- ~o ~~ ~D ~ ~ ~ C Q ~c G, ~ _ ~D D O N ~ ~ O O ~ ~ ~ O ~ ~~ c ~ ~p O ~ ~~ 7 • C a a 3 3 A 3 3 N O O b 00 ~~ ~ • • • ~~ ~ `~ ~~ ~~ ~~~ e;«, ~ ~ ~ ~.. ,, ,,, ~ .~ -~~ ~ ~~ ~~ ~ ~ ~ ~ ~' ~ E': '., :.fin ~ a ~LW `~ ~~ ~ tQ ~'! ~ ~ ~ ~., !~ ~ ~ ~:~~ ~~ 5 -~ O ~~~ ~`~ ~ ~ ~ ~~ ~~. 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