HomeMy WebLinkAboutRES NO 038-2020RESOLUTION NO. 038-2020
RESOLUTION TO CONDITIONALLY LEND UP TO $1.35
MILLION DOLLARS IN HOME INVESTMENT PARTNERSHIPS
(HOME) FUNDS AND NEIGHBORHOOD STABILIZATION
FUNDS (NSP) TO THE HOUSING AUTHORITY OF THE
COUNTY OF KERN FOR THE CONSTRUCTION OF A 20 -
UNIT AFFORADBLE HOUSING COMPLEX, AT 811 22ND
STREET (APN: 005-251-03) IN BAKERSFIELD, CA.
WHEREAS, the Congress of the United States has enacted the "HOME
Investment Partnerships" Act ("HOME" herein) at 42 USC 12741 et. seq. of the
Cranston -Gonzalez National Affordable Housing Act and amendments ("the
Act" herein); and
WHEREAS, the Congress of the United States enacted the Neighborhood
Stabilization Program Act ("NSP" herein) with the adoption of Division B, Title III of
the Housing and Economic Recovery Act of 2008; and
WHEREAS, CITY has received funds pursuant to the HOME and NSP
programs from the Department of Housing and Urban Development ("HUD"
herein); and
WHEREAS, CITY desires to maintain affordable housing in the city limits of
Bakersfield ("the Targeted Area"); and
WHEREAS, The Housing Authority of the County of Kern (HACK) is in the
business of developing, managing, and maintaining affordable housing
complexes; and
WHEREAS, HACK intends to purchase and construct 20 affordable housing
units, which includes one manager's unit, located at 811 22nd Street (APN: 005-
251-03) ("Project Property" herein); and -
WHEREAS, it is CITY's intent to assist HACK in developing affordable
housing by lending to HACK up to ONE MILLION THREE HUNDRED AND FIFTY
THOUSAND DOLLARS ($1,350,000.00) to construct the Project Property; and
WHEREAS, HACK desires a funding commitment from CITY to apply for four
percent (4%) Low Income Housing Tax Credits to complement costs to purchase
and develop all of the affordable units that make up the Project Property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct and incorporated herein.
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2. The City Council finds and declares that it is necessary and in the
best interests of the City to provide the following assistance to HACK in the
development of the Project Property: Up to One Million Three Hundred and Fifty
Thousand Dollars ($1,350,000.00) of HOME and NSP funds being provided in the
form of a three percent (3%) per annum simple interest residual receipts loan,
over a 55 -year term. No interest shall accrue during the construction of the
project; and
3. This funding commitment is made with the following conditions:
3.1. HACK shall successfully obtain 4%, federal tax credits yielding
an estimated $2,129,904 in gross proceeds from the sale of the tax credits.
3.2. This commitment is based on the project pro -forma dated
March &d, 2020, including a minimum project size of 20 units with 19 units
affordable to households at 30%, of area median income (AMI), and one
manager's unit.
3.3. Key components of the project pro -forma (affordability,
developer fee, sources and uses, etc.) shall not change without CITY's
administrative approval.
3.4. All HOME assisted units shall remain affordable for a minimum
of 20 years.
3.5. HACK shall sign and record an affordability covenant on the
Project Property that secures the affordability and monitoring rights of the City
of Bakersfield for the duration of the affordability period.
3.6. Construction of the project shall not commence until HACK
can demonstrate that all funding is committed for the project's construction
and permanent financing; however, construction shall commence within one
year of a funding commitment of HOME funds as defined in 24 CFR 92.504.
3.7. HACK and staff shall provide regular updates, no less than
annually, to the CITY regarding HACK's ability to secure financing, particularly
as it relates to federal tax credits. The first check-in shall occur in fall 2020, and
shall continue annually during the predevelopment period of this project.
3.8. If all financial commitments necessary for the project to be
developed are not secured and building permits are not pulled for the 22nd
Street Lofts project by December 31st, 2021, this funding commitment shall
expire unless extended by the Bakersfield City Manager.
3.9. If applicable to funding, HACK shall take the necessary steps
and shall provide adequate documentation annually during project phases�eaMq
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(planning, construction, and permanent financing) to ensure that one or more
organizations within the project's partnership qualifies and maintains status as a
Community Housing Development Organization (CHDO).
3.10. CITY expects HACK to take all necessary steps, including the
reduction of the project developer fee, to avoid returning to CITY for additional
subsidies if project costs exceed budget.
3.11. A final subsidy underwriting and layering review is completed
by the City of Bakersfield to confirm the projects viability and full compliance
with HOME regulations pursuant to 24 CFR 92.250. This underwriting review will
occur prior to issuing a funding "commitment" as defined in 24 CFR 92.2. Failure
to fix any compliance issues identified with the HOME Investment Partnership
Funds (HOME) program, the Neighborhood Stabilization Program (NSP), or the
City of Bakersfield's underwriting and subsidy layering review during this review
will result in the denial of HOME funding for this undertaking.
3.12. The City of Bakersfield, pursuant to its Citizen Participation
Plan requirements as defined in its 2020 Consolidated Plan and in accordance
with 24 CFR 91.105, successfully completes a Substantial Action Plan
Amendment, including adoption by the Bakersfield City Council, to allocate
NSP funds towards the project.
3.13. The City Council gives authority to the City Manager or his
designee to carry out the direction of this resolution upon the conditions and
terms provided herein.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on APR n 0 7n7n
by the following vote:
✓ ✓ ✓ ✓ ✓ ✓ ✓
AYESCOUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER, FREEMAN
S: COUNIOLMEMBER: I`IQnV-
ABSTAIN: COUNCILMEMBER: (\/K,9—
ABSENT: COUNCILMEMBER: WD1\9—
�- �R M
JULIE DRIMAKIS, CMC
CITY CLERK and Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED APR 0 8 2020
By:
vIl m2ol
KAREN GOH
MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
Nne
i�SHUA H. RUDNICK
puty City Attorney
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