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HomeMy WebLinkAboutRDA 02 LOAN AGMNT W/TUSTIN HERITAGE PL 03-20-07 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 1<'7" RDA2 MEETING DATE: MARCH 20,2007 TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: AUTHORIZATION TO EXECUTE A LOAN AGREEMENT WITH TUSTIN HERITAGE PLACE, L.P. IN THE AMOUNT OF $350,000 FOR THE 54 UNIT SENIOR CITIZEN COMPLEX LOCATED AT 1101 SYCAMORE AVENUE KNOWN AS HERITAGE PLACE SUMMARY The Agency is requesting authorization for the execution of a Loan Agreement between the Tustin Community Redevelopment Agency and Tustin Heritage Place, L. P. in the amount of $350,000 for the 54 unit senior citizen complex located at 1101 Sycamore Avenue known as Heritage Place. RECOMMENDATION It is recommended that Agency: 1. Authorize the execution by the Executive Director of a Loan Agreement between the Agency and Tustin Heritage Place, L. P. in the amount of $350,000, subject to approval of the City Attorney, and authorize staff to take all actions necessary to implement the Agreement. 2. Appropriate funds in the amount of $350,000 from the low and moderate income housing set-aside funds for the South Central Redevelopment Project Area in the amount of $175,000 and $175,000 for the Town Center Redevelopment Project areas. FISCAL IMPACT Agency assistance in the amount of $350,000 from the housing set-aside funds for the South Central and Town Center Redevelopment Project areas. BACKGROUND/DISCUSSION In April of 2002, the Agency entered into a Disposition and Development Agreement with Tustin Heritage Place, L. P. for the development of a three story 54 unit senior citizen apartment complex located at 1101 Sycamore Avenue. The Agreement required the William A. Huston Tustin Heritage Place Loan Agreement March 20,2007 Page 2 Developer to construct 54 independent living units, record affordable covenants for a period of fifty-five years, and provide 53 units to low- and very-low income senior citizens (one unit is designated as a manager's unit). In return, the Agency would provide financial assistance not to exceed $600,000. This assistance program was broken into two segments: (1) a $250,000 short-term Bridge Loan funded by California Housing Financing Agency Housing Enabled Local Partnerships "CHFA HELP" Program provided to the Agency to assist the Developer with the predevelopment costs of the site, and: (2) a $350,000 permanent loan upon completion of construction of the improvements evidenced by the issuance of a Certificate of Occupancy for the units. The construction of the apartment complex was completed in 2003 and is currently occupied by qualified senior citizens at the low and very-low income levels. The Developer is required to submit a Certificate of Continuing Program Compliance to the Agency on a quarterly basis and must receive approval from the Agency for any increases to the affordable rental amount. The $250,000 original Bridge Loan has accrued interest at a rate of three percent (30/0) per year and is to be paid off.during the escrow of the $350,000 permanent loan. The principal balance and interest will be returned to CHFA. The new loan in the amount of $350,000 will accrue interest at a rate of three percent (30/0) per year simple interest; repaid over the term of the loan from the Project's residual receipts as defined in the DDA (with such residual receipts split between the County and City). This project was consistent with the goals of the Agency's Second Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project areas for fiscal years 2000-2001 through 2004-2005 by alleviating blight in the South Central Project Area and by securing low and very-low affordability restrictions on the units for a period of 55 years. Previous resolutions of benefit have been adopted which allow Agency funds to be expended outside of both the South Central and Town Center Projects to benefit the provision of affordable housing. Execution of the Loan Agreement will complete the Agency's financial obligation to Tustin Heritage Place, L.P. and provide the funds to repay the $250,000 Bridge Loan from the CHFA HELP Program. The transaction will require the following: . Execution and recordation of a Substitution of Trustee and Full Reconveyance to remove the Deed of Trust with Assignment of Rents for the $250,000 Bridge Loan . Execution and recordation of a Subordination Agreement between the Agency, Tustin Heritage Place L.P. and the Orange County Housing Authority . Execution and recordation of a Deed of Trust with Assignm~nt of Rents securing the new loan in the amount of $350,000 . Execution of a Promissory Note by the Developer in the amount of $350,000. The anticipated completion date for this transaction is April 2, 2007. Staff will be available at the Agency meeting to answer any questions. William A. Huston Tustin Heritage Place Loan Agreement March 20, 2007 Page 3 ~ Christine Shingleton Assistant City Mana er -~lf(~~m(Olbv Kimberly cAllen Redevelopment Project Manager