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Transmittal - 9/29/2022 REDEVELOPMENT AGENCY of SALT LAKE CITY SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 118 WWW.SLC.GOV · WWW.SLCRDA.COM P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245 MAYOR ERIN MENDENHALL Executive Director DANNY WALZ Director STAFF MEMO DATE: September 23, 2022 PREPARED BY: Erin Cunningham, Financial Analyst RE: RDA Budget Amendment #2, FY 2022-2023 REQUESTED ACTION: Public Hearing and Board Discussion BUDGET IMPACTS: The proposed Second Amendment identifies appropriations across multiple funds and projects. EXECUTIVE SUMMARY: The purpose of the briefing is to provide a preliminary budget proposal for the Second Amendment to the Fiscal Year 2023 RDA Budget (“Amendment”). There are three proposed amendments for the following: Spark Gap Loan: In response to the support of a straw poll at the Board meeting on September 13, 2022, the Agency is returning to the Board with a gap loan request of $4,000,000 for the Spark development. Station Center Vision and Implementation Planning: Assumption of the consultant contract for the creation of a Station Center Vision Plan. The effort would look to develop a planning and implementation strategy for the Agency property. The request is to cover planning and marketing efforts at a not to exceed the amount of $500,000. Previously Approved Non-Represented Employee Compensation Study Adjustments: During the Fiscal Year 2023 budget process, the City Council approved nine months of an increase in funding based on the non-represented employee compensation study throughout the City. The Agency’s nine-month adjusted amount of $46,805 was not included in its annual budget request and is requesting an amendment to use the Agency’s Administration Fund balance to increase the RDA Personnel budget to align with the compensation study findings. ANALYSIS & ISSUES: Spark Gap Loan On September 13, RDA staff requested additional funding for Spark, a mixed-use, affordable housing project located at 1500 W. North Temple in the North Temple Project Area. The Board approved a $4,000,000 seller’s note as part of a land disposition, and unanimously supported a straw poll for approving a gap loan request of $4,000,000. DEPARTMENT OF FINANCE POLICY AND BUDGET DIVISION 451 SOUTH STATE STREET, ROOM 238 PO BOX 145467, SALT LAKE CITY, UTAH 84114-5455 TEL 801-535-6394 ERIN MENDENHALL Mayor MARY BETH THOMPSON Chief Financial Officer CITY COUNCIL TRANSMITTAL ___________________________________ Date Received: ________________ Erin Mendenhall, Mayor Date sent to Council: ___________ ______________________________________________________________________________ TO:Salt Lake City RDA Board DATE: September 27, 2022 Ana Valdemoros, RDA Chair FROM: Mary Beth Thompson, Chief Financial Officer Danny Walz, RDA Chief Operating Officer SUBJECT:RDA Budget Amendment #2, FY2022-23 SPONSOR: NA STAFF CONTACT: John Vuyk, Budget Director (801) 535-6394 or Mary Beth Thompson (801) 535-6403 or Mike Burns (801) 565-6461 or Danny Walz (801) 535-7209 DOCUMENT TYPE: Budget Amendment Resolution RECOMMENDATION: Review and discuss the proposed first amendment to the Annual RDA Budget for Fiscal Year 2023. Accept public hearing date for adoption of the amendment. BUDGET IMPACT: REVENUE EXPENSE RDA FUND $ 0.00 $ 2,546,805.00 RDA CIP FUND 0.00 (2.500.000.00) TOTAL $ 0.00 $ 46,805.00 September 28, 2022 September 29, 2022 EXECUTIVE SUMMARY: The purpose of the second amendment (“amendment”) is to addresses the following items: 1. Funding rescope for Spark Loans 2. Rescope of funds for Station Center vision and implementation planning. 3. Compensation adjustment A summary spreadsheet document, outlining proposed budget changes is attached. The Administration requests this document be modified based on the decisions of the Board. The budget opening contains one item: A. New Budget Items B. Grants for Existing Staff Resources C. Grants for New Staff Resources D. Housekeeping Items E. Grants Requiring No New Staff Resources F. Donations G. Council Consent Agenda Grant Awards I. Council Added Items ATTACHMENTS: A. Resolution B. Budget Amendment #1 Summary Spreadsheet C. RDA Transmittal PUBLIC PROCESS: Public Hearing 1 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO__________ Second Budget Amendment RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY AMENDING THE FINAL BUDGET OF THE RDA FOR FISCAL YEAR 2022-2023 WHEREAS, on June 14, 2022, the Redevelopment Agency (“RDA”) Board of Directors (“Board”) adopted the final budget of the RDA, effective for the fiscal year beginning July 1, 2022, and ending June 30, 2023, in accordance with the requirements of Section 17C-1-601.5 of the Utah Code. WHEREAS, all conditions precedent to amend the RDA's final budget have been accomplished. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of Salt Lake City: 1. Purpose. The purpose of this resolution is to amend the final budget of the RDA, as approved, ratified and finalized by the Board on June 14, 2022. 2. Adoption of Amendments. The budget amendments shown on Exhibit A as “Board Approved” are hereby adopted and incorporated into the budget of the RDA. 3. Filing of copies of the Budget Amendments. The Salt Lake City Finance Department, on behalf of the RDA, is authorized and directed to certify and file a copy of said budget amendments in the office of the Finance Department, the RDA, and the office of the City Recorder, which amendments shall be available for public inspection. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, Utah, this ___ day of ______________, 2022, to be effective upon adoption. ________________________________ Ana Valdemoros, Chair Approved as to form: __________________________________ Salt Lake City Attorney’s Office Allison Parks Date:____________________________ September 19, 2022 2 The Executive Director: ____ does not request reconsideration ____ requests reconsideration at the next regular Agency meeting. _________________________________ Erin Mendenhall, Executive Director Attest: _________________________ City Recorder 3 EXHIBIT A TO RESOLUTION [Attach Board’s Final Approved Budget Amendment] Initiative Number/Name Project Area Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs 1 Funding Rescope for Spark Loans NT - Capital - (1,500,000.00) One-time - 1 Funding Rescope for Spark Loans NT - 1,500,000.00 One-time - 1 Funding Rescope for Spark Loans CWH - (1,500,000.00) One-time - 1 Funding Rescope for Spark Loans CWH - 1,500,000.00 One-time - 1 Funding Rescope for Spark Loans RLF - Capital - (1,000,000.00) One-time - 1 Funding Rescope for Spark Loans RLF - 1,000,000.00 One-time - 2 Rescope of funds for Station Center Vision & Implementation Planning. DD - Capital - (250,000.00) One-time - 2 Rescope of funds for Station Center Vision & Implementation Planning. DD - Capital - (250,000.00) One-time - 2 Rescope of funds for Station Center Vision & Implementation Planning. DD - Capital - 500,000.00 One-time - 3 Compensation Adjustment Admin - 46,805.00 Ongoing - - Total of Budget Amendment Items - 46,805.00 - - Total by Fund, Budget Amendment #2: Redevelopment Agency RDA - 2,546,805.00 - - - Redevelopment Agency - CP RDA -CIP - (2,500,000.00) - - Total of Budget Amendment Items - 46,805.00 - - - Fiscal Year 2022-23 RDA Budget Amendment #2 Section G: Board Consent Agenda -- Grant Awards Section I: Board Added Items Section A: New Items Section B: Grants for Existing Staff Resources Section C: Grants for New Staff Resources Section D: Housekeeping Section E: Grants Requiring No New Staff Resources Section F: Donations Board ApprovedAdministration Proposed 1 Initiative Number/Name Project Area Revenue Amount Expenditure Amount Revenue Amount Expenditure Amount Ongoing or One- time FTEs Fiscal Year 2022-23 RDA Budget Amendment #2 Board ApprovedAdministration Proposed Current Year Budget Summary, provided for information only FY 2022-23 Budget, Including Budget Amendments FY 2022-23 Adopted Budget RDA BA #1Total RDA BA #2 Total Total To-Date Redevelopment Agency 50,172,718 - 2,546,805.00 52,719,523 Redevelopment Agency CIP 13,128,181 - (2,500,000.00) 10,628,181 Total of Budget Amendment Items 63,300,899 - 46,805.00 63,347,704 Certification Budget Director Deputy Director, City Council/RDA Board Contingent Appropriation and Notes 2 As noted in the attached Staff Memo from August 22, 2022, the seller’s note and gap loan requests are in addition to the $2,500,000 the Agency awarded Brinshore Development as part of the 2018 Notice of Funding Availability (“NOFA”) for affordable housing, and the $3,956,000 awarded in the 2019 NOFA. The result of the gap loan request will raise the loan to $10,456,000, bringing the total financing to $14,456,000 with the seller’s note. Staff proposes reallocating funds from the following sources to fund the $4,000,000 gap loan: Fund Program Current Amount Requested Amount Updated Amount Primary Housing Fund Property Acquisition $1,599,880 $1,500,000 $99,880 Multiple North Temple Strategic Intervention Funds $2,936,762 $1,500,000 $1,436,762 Multiple Housing Development Loan Fund (HDLP) - Fall NOFA $7,000,000 $1,000,000 $6,000,000 Station Center Vision and Implementation Planning In fall 2021, the University of Utah (U of U) released a request for proposals (RFP) from qualified consulting firms or individuals for the creation of the Station Center Vision Plan, a master planning document that would consider U of U and RDA-owned properties in the Station Center area (500 – 600 West, 200 – 400 South). By the end of 2021, the U of U had shortlisted and selected a consultant team comprising Perkins & Will, HR&A Advisors, Kimley-Horn, and Phil Myrick, placemaking expert. The U of U followed a public solicitation process as required by the State of Utah and allowed RDA Staff to participate in the drafting of the RFP document, shortlisting of consultants, consultant interviews and selection, and drafting of the final scope of work for the Vision Plan but did not ask for a financial contribution. The Vision Planning effort was launched in 2022 and the consultant team completed initial tasks and hosted one community engagement event before the U of U experienced a change in leadership and development priorities. New leadership has spent the past few months evaluating the U of U’s planned role and level of participation in the project and it was determined that the RDA should assume ownership of the Vision Plan, with both parties remaining open to opportunities to collaborate as adjacent Station Center property owners. The RDA remains committed to the vision of a diverse, mixed-use, sustainable, equitable and inclusive development at Station Center. An effort of this scale and importance warrants the creation of an upfront development and implementation strategy. To complete this in the most time efficient manner, Staff is proposing to re-engage the same consultant team that the U of U hired at the end of 2021 and resume work on the following deliverables as soon as possible (not comprehensive, final scope TBD): • Authentic community engagement effort that brings new partners into the fold, including nearby Westside residents, community leaders, institutional partners, businesses, and nonprofits, and coordinates with other nearby redevelopment efforts; • Real estate market analysis to assess the appropriateness of anticipated land uses, including commercial office, lab, residential, and retail spaces, and feasible affordability mix; • Illustrative site plan that locates proposed land uses, shared parking areas, vehicular circulation and loading/service patterns, open space and pedestrian network, and more; • Recommended placemaking, programming, and activation strategies; • Development phasing and property disposition strategy that incorporates best practices for equitable development and provides opportunities for various types of development teams; • Innovation industry partnership strategy that outlines best practice approaches to identifying and recruiting prospective tenants, and integrating them into the future district; • Refinement of Station Center Design Guidelines to reflect anticipated land uses and increased building height allowances in the Gateway Mixed-Use zoning district; • Information necessary to submit a competitive application to establish a Housing and Transit Reinvestment Zone (HTRZ) around the UTA Intermodal Hub. With the RDA being the primary and lead client, Staff has identified an opportunity to include the RDA- owned Central Station properties (100 South, near 600 West) in the scope of the Vision Plan. The Station Center and Central Station properties are in close geographic proximity, separated by UTA-owned properties that will soon be redeveloped as well. Considering these properties and redevelopment plans in a holistic manner will result in the most feasible and marketable development program. It is also the RDA’s intent to use deliverables of the Vision Plan effort to prepare and submit to the State an application to establish an HTRZ around the Intermodal Hub, which, if approved, would help fund the planned redevelopment activity in the area. The budget request is to cover planning and marketing efforts at a not to exceed the amount of $500,000 and Staff proposes reallocating funds from the following sources for this purpose: Fund Program Current Amount Requested Amount Updated Amount Depot District CIP Depot District Project Fund (Station Center Infrastructure) $5,670,186 ($250,000) $5,420,186 Depot District Central Station $664,121 ($250,000) $414,121 Depot District Station Center Vision and Implementation Planning $0 $500,000 $500,000 Previously Approved Non-Represented Employee Compensation Study Adjustments Staff is formally requesting an increase in Personnel expenses in its Administration Fund to account for the nine months of funding for the non-represented employee compensation study that was previously approved by the City Council. At the time of the Fiscal Year 2023 budget presentations, the RDA did not have specific information available to include this compensation adjustment for non-represented employees. The projected annual total is $62,407, which brings the approved nine-month total to $46,805. It is not anticipated that Agency will be able to absorb the compensation adjustment within the fiscal year’s budget and is requesting a transfer from the Administration fund balance to ensure its compensation budget is adjusted at the same time as other impacted City employees. Fund Description Current Amount Requested Amount Updated Amount Administration RDA Personnel $2,480,095 $46,805 $2,526,900 Administration Approximate Fund Balance $2,000,000 ($46,805) $1,953,195 PREVIOUS BOARD ACTION: 1. Approval of the Fiscal Year 2022-2023 Budget. 2. Approval of the Fiscal 2022-2023 Budget Amendment #1. 3. Authorization of a seller’s note and a straw poll with unanimous support for a gap loan for the Spark development. ATTACHMENTS: 1. Staff Memo (August 22, 2022): 1500 W. North Temple redevelopment project with Brinshore Development 2. Staff Memo (July 22, 2022): RDA Budget Amendment #1, FY 2022-2023, July 22, 2022 3. FY23 – Budget Amendment #2 Impact Slides REDEVELOPMENT AGENCY of SALT LAKE CITY MAYOR ERIN MENDENHALL Executive Director DANNY WALZ Director DATE: August 22, 2022 PREPARED BY: Corinne Piazza and Kate Werrett, Project Managers RE: 1500 W. North Temple redevelopment project with Brinshore Development REQUESTED ACTION: Approval of terms for a Seller’s Note as part of the land disposition and consideration of a $4,000,000 gap loan request to Brinshore Development for a mixed-use, affordable housing project located at 1500 W. North Temple in the North Temple Project Area. POLICY ITEM: Land Disposition & Affordable Housing BUDGET IMPACTS: Land Disposition: $4M Seller’s Note, paid back plus interest, does not require the Agency to use any upfront funds. Gap Loan: $4M Agency gap loan, paid back plus interest (specific funding sources to be determined). EXECUTIVE SUMMARY: The Redevelopment Agency of Salt Lake City (“Agency”) selected Brinshore Development (“Brinshore”) through a Request for Proposals (“RFP”) process in 2018 to redevelop the Agency’s property located at 1500 W. North Temple (“Property”), formerly the location of the Overniter Motel. The Property is designated as an RDA Tier I Property due to it being over 2 acres (at 2.07 acres) and identified in a City adopted master plan, specifically as an “ideal spot for a signature transit- oriented development” in the Cornell Station Area Plan. Please see Attachment A: Parcel Location Maps for reference. Brinshore’s concept for the project, known as Spark (“Project”) implements the Agency’s vision for the Property based on the goals and objectives outlined in the North Temple Project Area Plan, the North Temple Boulevard Plan, city priorities, and as outlined in the RFP. The Project is designed to deliver a total of 200 units of workforce and family-size affordable housing, including 63 family-sized units ranging from 20-80% AMI and two, three, and four-bedroom units. Additionally, the Project includes neighborhood serving commercial space, structured parking, a mid-block walkway that connects Cornell Street and 1460 West (to be publicly accessible and privately owned and maintained), a high level of concern for architectural and urban design principles, transit-oriented design, maximized density, sustainable construction and building design practices, as well meeting Davis Bacon fair wage requirements for construction. The Project began in 2018 and is now in the final due diligence stage with Brinshore finalizing their capital stack in anticipation of closing by the end of the year. The Project received Low Income Housing Tax Credits (“LIHTC”) and as such, has a closing deadline of March 1, 2023. The Project is anticipated to begin construction in Spring 2023 with Project completion in 2024. The proposed capital stack includes the following requests from the developer: • The Agency finance the $4,000,000 sale’s price of the Property (“Seller’s Note”). The purchase price was determined in the RFP and 2018 Purchase and Sale Agreement between Brinshore and the Agency. The Seller’s Note will be paid back in full plus interest. • The Agency provide an additional $4,000,000 in loan proceeds (“Gap Loan”) to cover the remaining financing gap that has occurred due to escalating construction costs and remains even after the developer secured additional funding sources and implemented cost saving measures to reduce Project costs. These requests are in addition to the $2,500,000 the Agency awarded Brinshore as part of the 2018 Notice of Funding Availability (“NOFA”) for affordable housing and the $3,956,000 the Agency awarded Brinshore in the 2019 NOFA. RDA FINANCE COMMITTEE RECOMMENDATION: On August 15, 2022 the Finance Committee (“Committee”) convened to review the Seller’s Note terms, the $4,000,000 Gap Loan request, and Gap Loan terms. The Committee unanimously recommends approval of the funding request and the terms as outlined in the following: Attachment B: 1500 W. North Temple - Seller’s Note Term Sheet and Resolution and Attachment C: 1500 W. North Temple – Gap Loan Term Sheet. ANALYSIS & ISSUES: Since entering into a Purchase and Sale Agreement with the Agency in 2018, Brinshore has been actively pursuing financing for the Project, which is estimated at ~$93 million. To date, Brinshore has secured funding through 4% Low Income Housing Tax Credits and received ~$42.5 million in the competitive application process. Additionally, Brinshore has secured the following*: Source Amount 4% Low Income Housing Tax Credits (LIHTC) ~$42,540,000 State Tax Credits ~$1,280,000 Permanent Loan ~$26,700,000 Seller’s Note Financing ~$4,000,000 RDA Loan (Including Gap Financing Request) ~$10,456,000 SLC HOME Funds (SLC Housing Sustainability) ~$1,000,000 State Olene Walker HOME Funds ~$1,000,000 State Olene Walker HTF Funds ~$1,000,000 Salt Lake County HOME Funds ~$700,000 Philanthropic Money ~$1,500,000 Rocky Mountain Power Rebate ~$100,000 Deferred Developer Fee ~$3,000,000 Total ~$93,276,000 *Please note that the financing information is high level and represents only general commitments or estimates at this time and is subject to change as Project financing progresses. SELLER’S NOTE FINANCING: Brinshore is requesting that the Agency finance the $4,000,000 sales price of the Property in the form of a Seller’s Note. In accordance with the Real Property Disposition Policy for Tier I properties, the Board was provided an update on the pre-disposition, developer selection, and developer agreement process. The proposed Seller’s Note of $4,000,000 is based on the appraised value when the property was purchased and was determined via the 2018 pre-disposition and RFP process and subsequent Purchase and Sale Agreement between the Agency and Brinshore. The Seller’s Note financing includes the following: • The full repayment to the Agency, plus interest to invest in new projects in the future. • The Agency does not use any current funds to finance the Seller’s Note. • The Agency will receive payments over time which helps offset upfront construction costs and makes the Agency’s public benefits requirements within the Project more feasible. The requested interest rate for the $4,000,000 Seller’s Note is 1.25%. Agency staff has negotiated this rate with Brinshore based on Project financials and full repayment of the Seller’s Note, plus interest, within a 30-year timeframe and cash flow repayment. Agency staff recommends approval of the Seller’s Note in accordance with the Agency’s existing contractual obligations and commitment to the Agency’s extensive public benefits requirements for the Project. For full terms and details of the Seller’s Note, please see: Attachment B: 1500 W. North Temple - Seller’s Note Term Sheet and Resolution. GAP FUNDING REQUEST: Due to escalating construction costs, the Project has seen a significant cost increase which has created a funding gap. In order to move forward with a financially feasible Project, Brinshore has addressed the funding gap in the following ways: Additional Funding Sources: Brinshore has applied for and received $500,000 in Utah Housing Corporation increased basis. They’ve also applied for philanthropic funds as well as an additional $1,400,000 from Olene Walker, neither of which have been finalized or awarded. Value Engineering: Brinshore has worked with their design, engineering, and construction team to identify approximately ~$6,100,000 in cost savings, while still preserving the overall goals for the Project. Modifications include the removal of a level of underground parking reducing spaces from 134 to 100, removing the balconies, reconfiguring a portion of the units, and reducing the green roof space. Developer Contribution: As the Agency’s selected private-sector partner, Brinshore brings extensive development expertise and borrowing capacity to invest into the Project and carries significant risk to complete the Project that the Agency does not have to assume. Brinshore’s equity contribution includes the following: • Funding predevelopment (~$1,600,000) • Deferred developer fee ($3,000,000) • Guarantees (construction completion, operating deficit, tax credit compliance) • Commercial Master Lease (~$70,000/year) After securing the additional sources of funds listed above and implementing cost saving measures, the Project still faces a $4,000,000 funding gap. Brinshore’s request for a Gap Loan allows the Project to continue toward a year-end closing. Agency staff has identified the following potential sources the Board may wish to consider reallocating for the Gap Loan request. The potential option(s) below aim to leave funding in each program so that reallocating funds to support the Project does not empty any one account. Fund Program Amount Available Project Gap Loan Amount Remaining Primary Housing Fund Property Acquisition $1,599,880 $1,500,000 $99,880 Multiple North Temple Strategic Intervention Funds $2,936,762 $1,500,000 $1,436,762 Housing Development Loan Fund (HDLP) Fall 2022 NOFA $7,000,000 $1,000,000 $6,000,000 Total for Project Gap Loan - - $4,000,000 - The requested interest rate for the Gap Loan is 2%. Agency staff has negotiated this rate with Brinshore based on Project financials and full repayment of the Gap Loan, with interest, within a 30-year timeframe and cash flow repayment. The Gap Loan terms also match those of the previously awarded NOFA funds allowing the Agency to combine the funds into one loan, reducing complication and allowing the Agency to issue and manage one loan total for efficiency. For full terms and details of the Gap Loan, please see: Attachment C: 1500 W. North Temple – Gap Loan Term Sheet. If the Gap Loan is approved, total Agency participation in the Project would be $14,456,000. The initial total development cost in August 2020 was ~$60 million and the Agency committed $6,456,000 in NOFA funds as well as the $4,000,000 Seller’s Note for a total of $10,456,000 putting Agency participation at 17.5% of the total development cost. Currently, with the total development cost at ~$93 million, and the Agency’s potential addition of the $4,000,000 Gap Loan, the Agency’s participation would be 15.5% of the total development cost. If the Board wishes to approve funding the Gap Loan, Agency staff will return to the Board with the applicable budget amendment in October and the subsequent potential Gap Loan final approval in the November Board meeting. PROJECT OVERVIEW & PUBLIC BENEFITS: The proposed Spark mixed-use Project will include 200 residential units including affordable workforce and family-size housing, structured parking, a mid-block walkway that connects Cornell Street and 1460 West (to be publicly accessible and privately owned and maintained), a high level of concern for architectural and urban design principles, transit-oriented design, maximized density, sustainable construction and building design practices, as well meeting Davis Bacon fair wage requirements for construction. Timeline: • Brinshore is currently finalizing the Project’s financing and is progressing towards a year-end closing with construction anticipated to begin in Spring 2023 and Project completion in 2024. At the latest, the Project must close by March 1, 2023 per LIHTC requirements, or it will forfeit the ~$42.5 million LIHTC allocation, making it no longer financially feasible. Developer Experience: • Brinshore is an Illinois-based developer founded in 1995 with a focus on strengthening neighborhoods and a development track record of over 7,000 units over the last 27 years. Brinshore is one of the largest developers of affordable housing in the United States and specializes in creating authentic projects that encourage an active, healthy lifestyle and serve as a catalyst for other development. Housing Affordability: • The Project has 200 units including 63 family-sized units that range from 20-80% AMI and two, three, and four-bedroom units. Per the 2017 Board resolution, 50% of the units are affordable to households at or below 60% AMI. Additionally, 50% of the units are affordable to households at 70-80% AMI per LIHTC standards, which are currently market rate rents for the North Temple area. • The unit mix allows the Project to generate as much LIHTC equity as possible, lowering the financing gap as all 200 units are income and rent restricted. However, due to the naturally occurring lower rents in the North Temple Area, the 70 and 80% restricted units are above current market rate rents for the neighborhood. This allows the Project mix to have all restricted units to maximize LIHTC equity, meet the Board’s goals that 50% of the units be in market rate range, while also restricting the 70 and 80% units to ensure affordability over the long term as the North Temple Project Area continues to grow. Neighborhood Serving Commercial Space: • As currently designed, there is a proposed ~4,000 square foot daycare facility which will serve Spark residents and low-income members of the community at a sliding scale cost. There is also a ~5,000 square foot retail space and Brinshore is currently working with local organizations to lease the commercial space, including reaching out to the Economic Development department to connect with potential local tenants. Structured Parking: • The Project includes 100 structured parking spaces that are free to low-income residents per LIHTC requirements and are designed to be safe, functional, and attractive for residents and visitors. Mid-Block Walkway: • The mid-block walkway that connects Cornell Street and 1460 West is consistent with the North Temple Boulevard Plan and will be publicly accessible and privately owned and maintained. Architecture, Sustainable Construction, and Building Design Practices: • The Project incorporates a high level of concern for architectural and urban design principles including a transit-oriented design and maximized density. It also incorporates sustainable construction practices and building design including Enterprise Green Communities and ENERGY STAR Multifamily New Construction, ~24 bicycle parking spaces, ~10 EV charging stations, as well as Davis Bacon fair wages for construction. ATTACHMENTS: • Attachment A: Parcel Map • Attachment B: 1500 W. North Temple - Seller’s Note Term Sheet & Resolution • Attachment C: 1500 W. North Temple - Gap Loan Term Sheet • Attachment D: Spark Project Conceptual Renderings ATTACHMENT A: Parcel Location Maps ATTACHMENT B: 1500 W. North Temple - Seller’s Note Term Sheet & Resolution ATTACHMENT C: 1500 W. North Temple - Gap Loan Term Sheet TERM SHEET FOR LOAN TO BRINSHORE DEVELOPMENT, LLC 1500 W. North Temple The terms described on this Term Sheet represent the terms for an RDA Loan and together with the Seller’s Note, represent the RDA’s maximum contribution to the financing of the Project. Following receipt of the senior lender and tax credit investor final commitments to the Project, and final proformas for the Project, the RDA and Borrower will verify and adjust the terms of the loan listed below consistent with the respective requirements of the RDA. LOAN TERMS Borrower: Brinshore Development, LLC Property: 1500 West North Temple Amount: Not to exceed $10,456,000* Sources of funds include: - $2,500,000 the RDA Board of Directors set aside for the Project as part of the 2018 Notice of Funding Availability (NOFA) for affordable housing through the Housing Development Loan Program (HDLP). The terms for the $2,500,000 NOFA funding will match the terms shown here. - $3,956,000 the RDA Board of Directors set aside for the Project as part of the 2019 Notice of Funding Availability for affordable housing through the HDLP. The terms for the $3,956,000 NOFA funding will match the terms shown here. - Up to $4,000,000 of Agency funding shall be classified as gap financing and shall only be used if the Project has a funding gap at the time of closing, after the Agency has determined all other sources of primary and subordinate financing have been maximized. This financing has not formally been allocated by the Board. *Please note this Project will utilize RDA funding both in connection with this loan and in the form of a Seller’s Note financing the Borrower’s acquisition of the Property. The full RDA financing amount with the Seller’s Note included is not to exceed $14,456,000. Project Description: The overall project consists of the new construction of a mixed- income, mixed-use project with approximately: 200 housing units, ~100 parking spaces, ~24 bicycle parking spaces, a ~4,000 SF daycare, and approximately ~5,000 SF of neighborhood scale commercial space. The estimated total project cost is ~$93,000,000. 100% of the 200 units will be deed restricted affordable housing. Affordability Restrictions: All units will be deed restricted for 50 years at 80% AMI or less. A minimum of 50% of the units will be at 60% AMI or less. Term: 30 years Amortization: 30 years, cash flow repayment Interest Rate: 2% Interest Rate Interest shall accrue during construction, beginning upon the first disbursement of funds. Accrued interest during construction to be added to the loan balance. Repayment Payments commence upon conversion of the senior construction loan to permanent financing. Repayment shall be based on available annual cash flow after senior lender payments and any required tax credit investor fees. The RDA will receive 40% of available cash flow and the Developer will receive 60% of available cash flow until the deferred developer fee is fully repaid. The RDA will have discretion on how its share of cash flow is allocated towards repayment of the RDA Loan and Seller’s Note, which will be defined in the loan documents. Once the deferred developer fee is fully repaid, the RDA will receive 60% of available cash flow. The RDA will have discretion on how its share of cash flow is allocated towards repayment of the RDA Loan and Seller’s Note, which will be defined in the loan documents. A balloon payment of any outstanding balance shall be due upon maturity. Collateral: A mortgage lien on the Property that may be subordinated to the senior lender but will be superior to other subordinate financing sources. The RDA’s two sources of funding for the Project, the RDA Loan and Seller’s Note, will be in a shared second position. Guarantors: Corporate guarantee from Brinshore Development, LLC Deferred Fee: At the RDA’s sole discretion, Applicant will maximize deferred developer fee and / or equity contributed as a source to fund the Project. Deferred developer fee and / or equity will be at least $3,000,000. Disbursement: Loan proceeds shall be disbursed as determined in the loan documents. Fees: Closing costs and legal fees shall be paid by the Borrower including, but not limited to, the cost of title search and insurance, credit reports, and attorney fees. Fees will be payable at loan closing. Use of Funds: Funds shall be used for construction and development of 1500 W. North Temple, including, but not limited to: groundwork, infrastructure, construction, site mitigation, and any similar uses. CONDITIONS FOR LOAN CLOSING Prior to loan closing, the Applicant will complete the following: • RDA approves all terms of the loan. • Close on the purchase of the Property, meeting all the requirements of the Real Estate Purchase Agreement. • Secure sufficient sources of financing for the Project. Borrower will maximize available conventional financing from senior lender, tax credit equity, and funding from subordinate lenders. Borrower will provide evidence of seeking and maximizing all available financing opportunities for the Project, including but not limited to State Olene Walker Housing Trust Fund, Salt Lake County HOME and Salt Lake City HOME funds. • RDA approves final schedule of sources and uses and the project proforma. • Execute loan documents (e.g. promissory notes, loan agreements, security documents, and guarantees) as deemed necessary by the RDA and its legal counsel. • Record land use restriction agreements for affordable housing in the Project. • Record easement for public access to the mid-block walkway connecting Cornell Street and 1460 West. • Receive all necessary approvals from the City, as further defined in the loan agreement. • Receive approval from the RDA and its legal counsel of all matters pertaining to title, legality of the loan, and the legality, sufficiency, and the form and substance of all documents that are deemed reasonably necessary for the loan transaction. • Provide evidence of insurance in such amounts and with such coverage as deemed necessary by the RDA for the Property. • Such other terms as recommended by the RDA’s legal counsel and staff. ATTACHMENT D: Spark Project Conceptual Renderings (Subject to Change) REDEVELOPMENT AGENCY of SALT LAKE CITY SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 118 WWW.SLC.GOV · WWW.SLCRDA.COM P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245 MAYOR ERIN MENDENHALL Executive Director DANNY WALZ Director STAFF MEMO DATE:July 22, 2022 PREPARED BY:Erin Cunningham, Financial Analyst RE:RDA Budget Amendment #1, FY 2022-2023 REQUESTED ACTION: Public Hearing and Board Discussion BUDGET IMPACTS:The proposed First Amendment reallocates $1 million from prior year West Capitol Hill holding accounts to finalize the Marmalade Plaza project and $3.9 million from Station Center infrastructure budget appropriations to acquire State-owned property in Station Center. The West Capitol Hill Fund for the Arctic Court Infill Home project of $280,000 would be reduced to zero. It is anticipated the Agency will, in the future, request the use of affordable housing funds to finish the infill housing project. The Revolving Loan Fund Available to Lend Balance would be reduced from $3,689,968, as of June 30, 2022, to $2,969,968. The CIP Depot District Project Fund would be temporarily reduced from $9,570,186 to $5,670,186 until the reallocated funds can be replaced with proceeds from the RDA’s disposition of Station Center property. EXECUTIVE SUMMARY: The purpose of the briefing is to provide a preliminary budget proposal for the First Amendment to the Fiscal Year 2023 RDA Budget (“Amendment”) to reallocate funds from prior year budget holding accounts for two projects: 1. Marmalade Plaza in the West Capitol Hill Project Area: A total of $1 million is proposed to be reallocated from the Arctic Court Infill House ($280,000) and the Revolving Loan Fund reserves ($720,000) for the Marmalade Plaza project. 2. Station Center in the Depot District Project Area: $3.9 million is proposed to be reallocated from Depot District CIP funds (which were allocated for Station Center infrastructure improvements) for the acquisition of State-owned Station Center property, which the RDA has an option to purchase. ANALYSIS & ISSUES: Marmalade Plaza Project, West Capitol Hill The Marmalade Plaza is the final piece of the RDA’s Marmalade Block to be constructed. The Marmalade Branch library was completed in 2016, the Grove at Marmalade Townhomes were completed in 2018, and the Harvest Apartments were completed this year. The RDA’s 2012 development strategy for the block included a City Library branch to anchor and create a brand for a new commercial district on the block, redevelopment of the remainder of the block with a mix of uses, and a public open space near the center of the site. The open space was identified as a development amenity that would provide a center for the neighborhood and improve pedestrian connections through the block, and the RDA’s property dispositions required development on the block to be oriented toward this future open space. The RDA, with the support of the Engineering Division, is preparing to advertise the Marmalade Plaza project for qualified construction contractors to bid on. In general, current market forces are causing construction bids to come in much higher than what was originally anticipated or budgeted for. This challenge is amplified by the fact that construction bids are typically valid for only 45 days, after which time contractors reserve the right to increase their bid amount. In anticipation of similar challenges, Staff is preliminarily requesting the allocation of an additional $1 million to the Marmalade Plaza project to supplement the current allocation of $2,945,600. The source of the additional funds includes $280,000 that was previously set aside in the West Capitol Hill Fund for the Artic Court Infill House, and $720,000 from the Revolving Loan Fund reserves. Bids will be received in early September and Staff will provide an update to the Board at that month’s meeting with a precise construction bid amount. If the entire $1 million allocation is not needed, the excess funds will be returned to the Revolving Loan Fund. For the Arctic Court Infill Home, Staff will return to the Board in the future to request the use of affordable housing funds to finalize the project. The current funding allocations for the Marmalade Park project total roughly $2.9 million, as detailed in the table below. Current Allocations Amount Public Services (Park Impact Fees) $1,145,394 Property Sale Proceeds $1,362,065 FY22 BA#2 - PIF Arctic Court Infill House Reallocation $338,141 FY22 BA#2 - WCH Interest Income $100,000 Total $2,945,600 It should be noted that the Second Budget Amendment for Fiscal Year 2021-2022 reallocated $150,000 from interest income to West Capitol Hill Projects. However, Staff anticipates that actual interest income will be closer to $100,000, which will impact the amount of cash available. In addition to the interest reallocation, the Board reallocated $338,141 from the Arctic Court Infill Home project that had been set aside in the Program Income Fund. In the Fiscal Year 2022-2023 Budget, an additional $100,000 in interest income was allocated to West Capitol Hill Projects. However, as the cash is spent on the project, less interest will be accrued. Therefore, that amount is not included in the table above since it is possible the interest will not be earned. Should the interest be realized, it will be repaid to the Revolving Loan Fund. Station Center Project, Depot District The State of Utah owns three parcels at the corner of 500 West and 300 South, and the RDA and State executed an agreement in 2003 that provides the RDA the exclusive option to purchase these parcels. The acquisition of this property will allow the RDA to implement the Station Center site plan by combining its property with the State’s property to provide the Woodbine Court right of way and create a developable parcel on this corner. The Board previously directed staff to proceed with negotiations for the acquisition under the terms of the option agreement with the State. The option agreement states that the purchase price is the appraised value of the property, which is $3.9 million. The RDA Board previously appropriated approximately $10 million for Station Center infrastructure improvements. This funding is anticipated to be used to create three new mid-block streets, reconstruct 300 South into a pedestrian-oriented “festival street,” install new utilities with increased capacity, and construct new streetscapes with landscaping, lighting, and furnishings. While these features are critical for creating the transit-oriented, urban innovation district that is envisioned for Station Center, the RDA is still working to plan the district and construction funds are not immediately needed. Therefore, this budget amendment proposes to reallocate $3.9 million of infrastructure funding for the State property acquisition, with the intent of replacing the reallocated infrastructure funds with proceeds from the RDA’s future disposition of Station Center property. PREVIOUS BOARD ACTION: 1. Approval of the Fiscal Year 2021-2022 Budget. 2. Approval of the Fiscal Year 2021-2022 Budget Amendment #2. 3. Approval of the Fiscal Year 2022-2023 Budget. ATTACHMENTS: 1. Preliminary FY23 BA#1 Budget Impact Slides. Available Budget $1,599,880 -Spark Allocation $1,500,000 Remaining Budget $99,880 Primary Housing –Property AcquisitionSpark Mixed-Use, Affordable Housing Project Available Budget $2,936,762 -Spark Allocation $1,500,000 Remaining Budget $1,436,762 North Temple Strategic Intervention Funds Housing Development Loan Program –Fall NOFA Available Budget $7,000,000 -Spark Allocation $1,000,000 Remaining Budget $6,000,000 2018 NOFA $2,500,000 2019 NOFA $3,956,000 + Seller Financing Note $4,000,000 Total Current Loan Amount $6,456,000 + Primary Housing –Property Acquisition $1,500,000 Total Gap Loan Request $4,000,000 + North Temple Strategic Intervention Funds $1,500,000 + Housing Development Loan Program –Fall NOFA $1,000,000 New Project Total Budget $14,456,000 New Loan Amount $10,456,000 Budget Impact: Spark Mixed-Use, Affordable Housing Project in the North Temple Project Area Available Budget $5,670,186 -Station Center Vision and Implementation Planning $250,000 Remaining Budget $5,420,186 CIP Depot District Project Fund (Station Center Infrastructure Funds) Station Center Vision and Implementation Planning Budget Impact: Station Center Vision and Implementation Planning in the Depot District Project Area Current Budget $0 + CIP Depot District Project Allocation $250,000 New Project Total Budget $500,000 + Central Station Allocation $250,000 Available Budget $664,121 -Station Center Vision and Implementation Planning $250,000 Remaining Budget $414,121 Central Station Approximate Fund Balance $2,000,000 -RDA Personnel Budget $46,805 Approximate Remaining Fund Balance 1,953,195 Administration Fund BalanceRDA Personnel Budget Budget Impact: Non-Represented Employee Compensation Study Adjustments Current Budget $2,480,095 + Fund Balance Allocation $46,805 New Budget $2,526,900