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HomeMy WebLinkAboutRDA Reso 01-2008RESOLUTION NO. 01-2008 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A SUBORDINATION AGREEMENT WITH GRAND OAK ASSOCIATES ANL) THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE GRAND OAK AFFORDABLE HOUSING PROJECT WHEREAS, on March 9, 2.005, the Redevelopment Agency of the City of South San Francisco ("Agency") authorized the execution of a Construction Loan Agreement and the provision of a loan in the amount of $3,500,000 (the "Agency Loan") to Grand Oak Associates, a California limited partnership affiliated with BRIDGE Housing Corporation (the "Developer") to develop an affordable housing project on Oak and Grand Avenues (the "Project"); WHEREAS, in connection with the Loan, the Developer executed a Deed of Trust securing repayment of the Loan ("Deed of Trust"), and the Developer and the Agency executed a Regulatory Agreement pursuant to which the L)eveloper has agreed to restrict the rents for 21 of the units developed as part of the Project to affordable levels ("Regulatory Agreement"); WHEREAS, the California Department of Housing and Community Development ("HCD") will provide a permanent loan to Developer in the amount of Four Million Six Hundred Seventy- Seven Thousand Seven Hundred Seventy-Three Dollars ($4,677,773.00) for the Project (the "HCD Permanent Loan"); WHEREAS, Health and Safety Code Section 33334.14 permits subordination of redevelopment agency affordability restrictions to a lien, encumbrance or regulatory agreement under a state program when a state agency is providing financing if the state agency refuses to consent to the seniority of the agency's restrictions; WHEREAS, HCD has indicated that it would be unwilling to provide the HCD Permanent Loan for the Proj ect without subordination of the Deed of Trust and the Regulatory Agreement; and WHEREAS, the proposed Subordination Agreement provides the Agency with rights to receive notice and to cure defaults ar7sing under the HCD loan documents. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Agency hereby authorizes the Executive Director or his designee to execute a Subordination Agreement :>ubstantially 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 regular meeting held on the Stn day of January 2008 by the following vote: AYES: Boardmemberts Mark N. Addiego, Richard A. Garbarino and Kevin Mullin, Vice Chair Karyl Matsumoto and Chair Pedro Gonzalez NOES: None ABSTAIN: None ABSENT: None jr ATTEST: ,~,,; ~" _ . - 6~ ,~. C1erl~ ~~ x,9 ~, °..~ '.