Loading...
HomeMy WebLinkAboutReso 92-2016 (16-426)File Number: 16 -426 Enactment Number: RES 92 -2016 RESOLUTION APPROVING AMENDMENTS TO THE FORMER REDEVELOPMENT AGENCY REGULATORY AGREEMENT, FORMER REDEVELOPMENT AGENCY DEED OF TRUST, HOME REGULATORY AGREEMENT, AND HOME DEED OF TRUST; APPROVING THE CITY ENTERING INTO COMMUNITY DEVELOPMENT BLOCK GRANT /SECTION 108 REGULATORY AGREEMENT; AND APPROVING A PROMISSORY NOTE AND DEED OF TRUST WITH WILLOW GARDENS HOUSING ASSOCIATES FOR THE WILLOW GARDENS NEIGHBORHOOD REHABILITATION PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENTS. WHEREAS, in January 1999, the former Redevelopment Agency of the City of South San Francisco ( "former RDA ") provided financing and entered into a loan agreement with Willow Gardens Housing Associates, a California limited partnership affiliated with Mid - Peninsula Housing Coalition (the "Developer") in the amount of $3.5 million ( "RDA Loan ") to acquire and rehabilitate affordable housing units in the Willow Gardens Neighborhood (the "Project "); and WHEREAS, the City and Developer also applied for County (HOME Investment Partnerships Program) and federal (Community Development Block Grant (CDBG) /Section 108) funding to offset the costs of the Project; and WHEREAS, between 1999 and 2005, the Developer acquired seven (7) properties solely with the RDA Loan funds and an additional bridge loan provided by the RDA because no County or federal funding had been granted at the time of acquisition of the properties; and WHEREAS, when the HOME and CDBG /Section 108 funding were eventually disbursed to the Project, the funding was used to repay the RDA bridge loan but the applicable financing documents were not amended and re- executed to reflect the new County and federal financing encumbrances on the properties; and WHEREAS, City staff discovered that the applicable financial documents need to be updated to reflect the existing loan encumbrances and affordability restrictions on all seven (7) properties and to fully secure all funding against the properties; and WHEREAS, in an effort to update and correct the agreements and reflect current conditions, City staff has worked with the Developer to identify the missing documents and _SID File Number: 16 -426 draft new documents where appropriate. Enactment Number: RES 92 -2016 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the City !Manager or his designee to take the following actions: 1. Amend the existing RDA Regulatory Agreement to include sites 4 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 2. Amend the RDA Deed of Trust to include sites 4 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 3. Amend the HOME (1st Loan) Regulatory Agreement to include sites 2 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 4. Amend the HOME (1st Loan) Deed of Trust to include sites 2 and 3, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 5. Enter into a new HOME (2nd Loan) Promissory Note for sites 4 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 6. Enter into a new HOME (2nd Loan) Deed of Trust for sites 4 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 7. Enter into a new CDBG /Section 108 Regulatory Agreement for sites 4 through 7, as identified on the Willow Gardens Site Map, attached hereto as Exhibit A. 8. Draft a letter to the Developer explaining the grant status of the CDBG Housing Rehabilitation funds. BE IT FURTHER RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager or his designee to take execute the documents approved by this Resolution, subject as to approval as to form by the City Attorney, and to take such other actions reasonably necessary to carry out the intent of this Resolution. At a meeting of the Special City Council on 7/27/2016, a motion was made by Pradeep Gupta, seconded by Liza Normandy, that this Resolution be approved. The motion passed. Yes: 5 Matsumoto, Normandy, Addiego, Gupta, and Garbarino Attest by X01 - Krista Martinelli Attachment 8: Site Map of the Nine Acquired Properties WILLOW GARDENS WILLOW AVENUE' 4 IY. I Willow Gardens - Site Map 77 is ON 3 122