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HomeMy WebLinkAboutReso 2008-132 RESOLUTION NO. 2008-132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPROPRIATION OF AN ADDITIONAL $195,000 FROM THE AVAILABLE BALANCE IN THE CITY'S HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS, APPROVING THE FIRST AMENDMENT TO THE LANDINGS LOAN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CIC LANDINGS, L.P. INCREASING THE LOAN AMOUNT BY $180,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LANDINGS LOAN AGREEMENT AND ALL OTHER NECESSARY LOAN DOCUMENTS TO PROVIDE THE ADDITIONAL FINANCIAL ASSISTANCE FOR THE DEVELOPMENT AND OPERATION OF THE LANDINGS APARTMENTS WHEREAS, CIC Landings, L.P. (the Developer) has proposed to construct a 92-unit apartment community, known as the Landings, in Neighborhood R-19 of Otay Ranch Village Eleven (the Project) in satisfaction of Housing Element Policy 5.1 - Balanced Communities Affordable Housing of the City's General Plan; and WHEREAS, Housing Element Policy 7.4.5 sets forth the objective of providing financial assistance to new residential developments affordable to very low and low-income households, particularly those developments addressing the City's underserved housing needs of very low income households and rental housing for large families; and WHEREAS, the City receives Home Investment Partnership Program (HOME) funds from the United States Department of Housing and Urban Development (HUD) exclusively for the creation of affordable housing opportunities for very low and low-income households; and WHEREAS, the Project furthers the goals set forth in the City's 2005-2010 Housing Element of the General Plan and the 2005-2010 Consolidated Plan for the HOME Program; and WHEREAS, on August 7, 2008, pursuant to Resolution 2007-209, the City Council approved the Landings Loan Agreement between the City and the Developer (the Loan Agreement) in which the City agreed to loan Developer $920,000 in HOME funds; and WHEREAS, the Developer has requested an additional loan of HOME funds not to exceed $ 180,000 for additional costs related to compliance with the accessibility requirements of the HOME funds; and WHEREAS, the additional funds will bring the total amount of City HOME assistance to $1,100,000 for the construction of the Project; and WHEREAS, it is necessary to fund additional $15,000 in project management costs related to the Project, which will offset staff time and overhead costs related to loan underwriting, legal services, environmental review, and other related internal project staff costs; and Reso]ution No. 2008-132 Page 2 WHEREAS, the total amount of City assistance through the HOME Program is consistent with the maximum per-unit HOME subsidy and such subsidy has been evaluated for reasonableness; and WHEREAS, the City Council has considered all terms and conditions of the proposed First Amendment to the Landings Loan Agreement and believes that the First Amendment is in the best interest of the City and the health, safety, and welfare of the residents of the City, and in accordance with the public purposes and provisions of applicable Federa], State and local law requirements. NOW, THEREFORE, BE ]T RESOLVED, by the City Council of the City of Chu]a Vista as follows: I. That it approves an amendment of the fiscal year 2007/2008 Home Program Budget to appropriate an additional $195,000 from the available balance in the City's Home Investment Partnership Program (HOME) funds to the non-CIP project, "Landings Project". 2. That it approves the First Amendment to the Landings Loan Agreement increasing the loan amount by $180,000 for a total loan amount of$],100,000. 3. That it authorizes the City Manager or his designee to execute the First Amendment to the Landings Loan Agreement and all related loan documents, to make all approvals and take all actions necessary or appropriate to carry out and implement the Landings Loan Agreement, as amended, and to administer the obligations, responsibilities and duties ofthe City to be performed under the Landings Loan Agreement, as amended~ and related documents. 4. That it authorizes the City Manager to make revisions to the Landings Loan Agreement, as amended, and all other related loan documents, which do not materially or substantially increase the obligations of the City under those agreements or material]y or substantial]y change any aspect of the Project. Presented by Approved as to form by ~/// Eric Crockett Redevelopment & Housing Assistant Director '.~l~a~ Ann Moore City Attorney Resolution No. 2008-132 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of May 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl ~bgly ATTEST: line-1M{ ~ J~;{d Donna R. Norris; CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-132 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of May 2008. Executed this 27th day of May 2008. ." /JluJL!Av. I /!{!v)~ Donna R. Norfis, C~C, Interim City Clerk 3