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HomeMy WebLinkAboutReso 1997-18606 RESOLUTION NO. 18606 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIVE HUNDRED TWENTY-THREE THOUSAND NINE HUNDRED SIXTY-FIVE DOLLARS (,~523,965) COMMITMENT FROM THE HOME PROGRAM FOR THE DEVELOPMENT OF AN EIGHTEEN (18) UNIT AFFORDABLE HOUSING RENTAL PROJECT AT 746 AND 750 ADA STREET WHEREAS, the City of Chula Vista ("City") is in control of funds under the HOME Investment Partnership Program (42 U.S.C. Section 12741 et seq.) ("Home Program Funds") which program is designed to provide assistance to affordable housing projects; and WHEREAS, City staff and SBCS have negotiated certain terms for the transfer of the Site by the City to SBCS as more specifically set forth in that certain Trolley Terrace Conveyance Agreement and Escrow Instruction between the SBCS and the City ("City/SBCS Conveyance Agreement"); and WHEREAS, City staff will negotiate with SBCS the terms of a Disposition and Development Agreement ("DDA") pursuant to which the City would agree to provide SBCS (or an assignee thereof approved by the City) with financial and other assistance in order to facilitate the development of the Project if SBCS secures tax credits from the California Tax Credit Allocation Committee ("TCAC"); and WHEREAS, to further assist in funding the cost of the Project, SBCS intends to file an application for Low Income Housing Tax Credit ("LITHTC") with the California Tax Credit Allocation Committee under Section 42 of the Internal Revenue Code; WHEREAS, SBCS proposes to fund the project through the following sources: (1) Bank of America Community Development Bank Construction and Permanent Loan; (2) Local Initiative Support Corporation Development Loan; (3) Federal Home Loan Bank Affordable Housing Program Grant; (4) City of Chula Vista Development Loan; (5) City of Chula Vista Land Loan; and (6) a sale of LIHTCs allocated by TCAC to the project; and WHEREAS, the deadline for submission of the TCAC application is March 31, 1997; and WHEREAS, various actions required by the City procedures and State law in order to permit the transfer of the Site to SBCS and the development of the Project on the Site, including but not limited to, negotiation and approval of the DDA, will not be completed by March 31, 1997; and WHEREAS, pursuant to Resolution 18310, City Council previously adopted Negative Declaration IS-93-07 and addendum thereto; therefore no further action under CEQA is required for this project; and WHEREAS, among the requirements of the TCAC application are evidence of financing commitment by any local public agency, including the amounts and sources thereof and I I I l' Resolution 18606 Page 2 evidence of site control or its equivalent where it is impossible to complete the transfer of the Site proper to the application deadline; and WHEREAS, the purpose of this Resolution is to comply with such TCAC application requirements by providing SBCS with documentation evidencing the City's commitment to provide partial financing for the Project from a Land Loan, HOME Program Funds, and Site control by SBCS and/or a limited partnership of which SBCS is a general partner; and WHEREAS, on March 18, 1996 the City Council held a public meeting on the matter of this Resolution at which meeting the City Council considered the staff rel~ort, the proposed City/SBCS Amended and Restated Trolley Terrace Conveyance Agreement and Escrow Instructions, and all other information and evidence presented. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby find, order, determine and resolve as follows: 1. Recitals True and Correct The City finds and determines the recitals set forth above are true and correct to the best of its knowledge. 2. City Contribution to the Proiect The City hereby approves a funding commitment of Five Hundred Twenty-Three Thousand Nine Hundred Sixty-Five Dollars (~523,965) of HOME Program Funds to be loaned to SBCS at below market rates and agrees to provide a Purchase Loan of Three Hundred Seventy-Two Thousand Nine Hundred Forty Dollars (~372,940) to acquire the site for the development of the Project on the terms and conditions set forth in the City/SBCS Conveyance Agreement for the development of the Project. 3. Conditions to City Commitment The City commitments set forth above are each conditioned upon and subject to the subsequent approval by the City Council of the DDA and related loan documents in accordance with applicable laws and existing City policies and TCAC's approval of the tax credit application which was presented to the City in connection herewith, and its allocation to the Project of the LIHTC requested thereby. I I I :1l' Resolution 18606 Page 3 4. Directions to Staff City staff is hereby authorized and directed to take any appropriate action consistent with the purposes of this Resolution including negotiation of a final DDA and presentation thereof to the City for its approval. Presented by Approved as to form by Chris Salomone J M. Kaheny Director of Community Development y Resolution 18606 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of March, 1997, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None '~hirley Horton, Mayor ATTEST: Beverly :~.Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18606 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of March, 1997. Executed this 18th day of March, 1997. BeverliA~,uthel~t, City Clerk I ~ I