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File #: 51861    Version: 1 Name: Authorizing the Mayor and City Clerk to execute loan agreements associated with affordable housing development projects selected as part of the 2016 Affordable Housing Fund Request for Proposals process.
Type: Resolution Status: Passed
File created: 5/25/2018 In control: FINANCE COMMITTEE
On agenda: 6/19/2018 Final action: 6/19/2018
Enactment date: 6/25/2018 Enactment #: RES-18-00472
Title: Authorizing the Mayor and City Clerk to execute loan agreements associated with affordable housing development projects selected as part of the 2016 Affordable Housing Fund Request for Proposals process.
Sponsors: Samba Baldeh, Maurice S. Cheeks, Matthew J. Phair, Marsha A. Rummel
Attachments: 1. RES-16-00854.pdf

Fiscal Note

The proposed resolution authorizes execution of Affordable Housing loan agreements, totaling $1.8 million, with Gorman Holdings, Inc. for GrandFamily Apartments and MSP Real Estate, Inc. for Normandy Square. The loan amount to Gorman Holdings will be $950,000 for a 60-unit rental housing development with 56 affordable units. The loan amount to MSP Real Estate, Inc. will be $850,000 for a 58-unit rental housing development with 48 affordable units. Adopted RES-16-00854 (File ID 44932) authorized allocation of $3.15 million from Affordable Housing Funds, part of which was to support the aforementioned developments. The proposed loans will be covered by $10.7 million of available appropriation in the Affordable Housing Fund capital project in the Community Development Division.

Title

Authorizing the Mayor and City Clerk to execute loan agreements associated with affordable housing development projects selected as part of the 2016 Affordable Housing Fund Request for Proposals process.

Body

The  Common  Council  adopted  #RES-16-00854 on  November  22,  2016, which authorized the allocation of up to $3.15 Million in Affordable Housing Funds  to  support  the creation of approximately 180 units of  affordable rental  housing through the development of three projects: GrandFamily Apartments,  Normandy Square, and Fair Oaks Apartments. Fair Oaks Apartments was not awarded 2017 Low Income Housing Tax Credits, therefore, preventing that project from moving forward in that cycle. The resolution authorizing the allocation did not articulate the specific terms related to the financial awards for each project. This resolution specifically articulates those terms and financial awards and also seeks to ensure that the Mayor and City Clerk are authorized to execute loan agreements with each of the development entities as originally anticipated.

 

ACTION

WHEREAS, the Common Council, at its meeting on November  22,  2016,  adopted Resolution #RES-16-00854 authorizing the allocation of up to $3.15 million in Affordable Housing Funds to support the creation of approximately 180 units of  affordable  rental housing in Madison through financial assistance to  the  GrandFamily Apartments, Normandy Square, and Fair Oaks Apartments projects  in  advance  of  their  respective applications for 2017 Low Income Housing Tax Credits; and

 

WHEREAS, the primary goal of the City’s financial participation in these projects was to increase the likelihood of their success in the ensuing statewide competition for 2017 federal Low-Income Housing Tax Credits; and

 

WHEREAS, the City’s financial participation in each project was contingent upon their receipt of federal Low- Income Housing Tax Credits; and

 

WHEREAS, the GrandFamily Apartments and Normandy Square developments respectively received an award  of 2017 federal Low-Income Housing Tax Credits to support the creation of approximately 100 units of  affordable  rental housing in Madison; and

 

WHEREAS, the developers of these projects, via an affiliate LLC, are prepared to execute loan agreements and related loan documents as outlined in the RFP and Resolution #RES-16-00854 as follows: $950,000 for GrandFamily Apartments and $850,000 for Normandy Square.

 

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute loan agreements, utilizing Affordable Housing Funds, for these affordable housing projects as described below:

 

Developers, Projects and Loan Amount

                     $950,000 - Gorman Holdings, Inc. (fka Gorman & Company, Inc.), or an affiliate LLC, for GrandFamily Apartments: a 60 unit rental housing development with 56 units affordable to households with incomes at a range of 30% to 60% of the County Median Income (CMI); and

                     $850,000 - MSP Real Estate, Inc., or an affiliate LLC, for Normandy Square: a 58 unit rental housing development with 48 units affordable to households with incomes at a range of 30% to 60% of CMI.

 

Form of Loans

                     The assistance will be provided in the form  of  low-cost  loans,  up  to  50%  of which will be amortized over 30 years  and  payable  over  16  years,  contingent upon available cash flow, and at least 50% of which will be 0% interest, long-term deferred loans payable upon sale or  change  in  use  of  the  property; and

                     The developer shall apply the proceeds of the Loan to the expense of acquiring the property  and/or  constructing  the  project,  including  the construction of at  least  the  total  number of units and units to be used as affordable housing, as specified above, for rent to income-eligible households; and

                     The disbursement of City funds continues to remain contingent upon each developer demonstrating that it has secured financing sufficient to complete the project, including LIHTC’s; it has received, from the City, all necessary land use and permit approvals; and it has satisfied any other City requirements including provision of documentation and written commitment to a  30-year  period  of affordability; and

                     The loan will be secured by a subordinate mortgage, note(s), and Land Use Restriction Agreement; and

                     The loan agreement will be in full force and effect until the loan is repaid or the expiration of the period of affordability, whichever is later.

 

Assignment

                     The loan shall not be assigned without permission of the City except for an assignment to an affiliate entity of the developer prior to loan closing.

 

Closing

                     Prior to closing, the developer must submit to  the  City  a  standard  ALTA commitment for a loan policy of  title  insurance  in  the  amount  of  the  Loan  for such Property, which will be  subject  only  to  municipal  and  zoning  ordinances and any other encumbrances acceptable to the City; and

                     Prior to closing, the developer must provide evidence of property insurance as required by the Mortgage, containing a standard loss payee endorsement identifying the City as mortgagee. Developer agrees to provide evidence of property insurance annually by February 10th or before expiration of existing policy; and,

 

BE IT FINALLY RESOLVED, that the Mayor and City Clerk are hereby authorized to execute, deliver, accept, publish, file and record any  and  all  other  documents, instruments, notes and records and take such other actions as shall be necessary or desirable to accomplish the intent of this resolution in a form approved  by  the  City  Attorney,  and  to comply with and perform the obligations of the City hereunder.