Loading...
Proposed Resolution - 1/21/20221 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO. _____________ Amending the Housing Development Loan Program Policy to Add Standards for the Distribution of Emergency Gap Financing Funds and Directing Review of Applications to the RDA Finance Committee RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY AMENDING THE HOUSING DEVELOPMENT LOAN PROGRAM POLICY TO ADD STANDARDS FOR THE DISTRIBUTION OF EMERGENCY GAP FINANCING FUNDS AND DIRECTING REVIEW OF APPLICATIONS TO THE RDA FINANCE COMMITTEE WHEREAS, on March 23, 2021, pursuant to Resolution No. R-7-2021, the Board of Directors of the Redevelopment Agency of Salt Lake City (“Board”) passed the Housing Development Loan Program (“2021 Policy, attached to this resolution as Attachment A), which centralized the application, underwriting, and approval process across all funding sources identified in the Housing Allocation Funds Policy, providing a one-stop-shop for community partners to access resources for the development and preservation of affordable housing. WHEREAS, the Board now desires to amend the 2021 Policy to add standards for emergency gap financing funds and direct review of applications for the RDA Finance Committee. A redline version of the 2021 Policy is attached to this resolution as Attachment B and a clean version of the amended 2021 Policy is attached to this resolution as Attachment C. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY, that the Housing Development Loan Program Policy, adopted pursuant to Resolution R-7-2021, is hereby amended as follows: SECTION 1. That the 2021 Policy is amended to insert a new section entitled Emergency Gap Financing Funds. The new section shall be inserted at section 8 without deleting any existing sections and all subsequent sections shall be renumbered sequentially. The newly renumbered section 8 shall read as follows: 8.EMERGENCY GAP FINANCING FUNDS If allocated by the Board in the annual Funding Strategy, emergency gap financing funds may be available as a part of a NOFA for projects that have an unanticipated and immediate need for financial assistance. To be eligible for emergency gap financing funds, projects must meet the following criteria in addition to the basic eligibility requirements set forth in Section 7: a.Projects must be ready to break ground within 6 months of applying for the emergency gap financing NOFA. Attachment A: Resolution and Proposed HDLP Amendments 2 b. Projects must have secured financing for at least 90% of the total project cost and provide proof of such secured financing upon submission of the NOFA application. c. Projects shall submit a funding gap analysis that explains what is causing the gap and provide supporting documents that demonstrate need for the specific amount being requested. SECTION 2. That the 2021 Policy is amended to replace the Review Committee with the RDA Finance Committee. As such, the newly renumbered Section 10, Evaluation and Approval Process, is hereby amended to read as follows: 10. EVALUATION & APPROVAL PROCESS For each issued NOFA, the RDA shall evaluate and consider applications for approval as follows: a. Eligibility Review: Funding applications shall be reviewed and evaluated in detail by RDA staff based on the requirements listed herein, specific Housing Funds requirements, and additional criteria published in the relevant NOFA. b. RDA Finance Committee (“Committee”): For applications that meet the basic eligibility requirements, applications and supporting materials shall be forwarded to the Committee. The Committee will analyze and rank applications, as applicable, based on the policies contained herein and the criteria published in the NOFA. The Committee shall make a recommendation to the RDA Board for a funding allocation. c. RDA Board of Directors: The RDA Board of Directors shall make the final selection of projects to receive a funding allocation. d. Funding Commitment: The project funding process shall be carried out in two subparts as follows: i. Conditional Commitment Period: The RDA shall issue a Conditional Commitment letter to those applications that are selected for a funding allocation by the RDA Board. The Conditional Commitment letter between the RDA and the applicant shall contain the covenants, terms and conditions upon which the RDA may provide financial assistance to the proposed project once financial, legal, and regulatory approvals are obtained. ii. Firm Commitment & Loan Closing: Projects that successfully meet conditions shall be invited to execute a Letter of Commitment that finalizes the loan terms, subject to a set of conditions precedent to closing. SECTION 3. That the 2021 Policy is amended to modify the references to the Review Committee. As such, the newly renumbered Section 12, Loan Modifications, shall read as follows: 3 12. LOAN MODIFICATIONS In the event of extenuating circumstances, the RDA may provide payment forbearance, payment deferment, or loan write-down. Such adjustment to loan terms shall be considered on a case-by-case basis and shall be subject to a thorough review of the project’s financial standing and other relevant information. The process for providing loan modifications shall be considered and authorized as follows: a. Forbearance/Deferment: The Executive Director of the RDA may elect to provide the Borrower a temporary forbearance or deferment of payment for up to one (1) year. For periods of forbearance or deferment longer than one (1) year, the Committee shall provide a recommendation that is forwarded to the Board, who shall consider and act upon all such requests. b. Loan Write-down: The Committee shall provide a recommendation that is forwarded to the Board, who shall consider and act upon all such requests. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this _______ day of ________________, 2022. ________________________________ Ana Valdemoros, Chair Approved as to form: __________________________________ Salt Lake City Attorney’s Office Date:____________________________ The Executive Director: ____ does not request reconsideration ____ requests reconsideration at the next regular Agency meeting. ________________________________ Erin Mendenhall, Executive Director Attest: ________________________ City Recorder January 21, 2022