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Council Provided Information - 9/13/20221 BOARD STAFF REPORT THE REDEVELOPMENT AGENCY of SALT LAKE CITY TO:RDA Board Members FROM: Allison Rowland Budget & Policy Analyst DATE:September 13, 2022 RE: RESOLUTION: SELLER’S NOTE AND GAP LOAN FOR SPARK, AT 1500 WEST NORTH TEMPLE ISSUE AT-A-GLANCE The Board will consider adding $8 million in financing to the Spark mixed-use, mixed-income project at the site of the former Overniter Motel, on 1500 West North Temple. As mentioned in the previous project briefing (See Attachment C1), RDA staff proposes that $4 million of the amount would be in the form of a “seller’s note,” which would allow the developer, Brinshore, to repay the RDA for the original purchase price of the land over 30 years at 1.25% interest. The request for the remaining $4 million comes as the result of construction cost increases, which are estimated to raise project costs from $70 million to $93 million. This amount is proposed to be filled by a 30-year emergency gap loan, at 2.00% interest, which could be drawn from available amounts in several existing RDA funds. The Spark development is planned as a mixed-use, mixed-income development on the two-acre site, with 200 deed-restricted residential units, including 63 family-size units (two, three, and four bedrooms) whose rents would range from 20-80% AMI. It also would include approximately 4,000 square foot daycare facility to serve Spark residents and others with fees on a sliding scale based on income, and about 5,000 square feet of commercial space. In addition, it would offer 100 structured parking spaces, a transit-oriented plaza, and a publicly accessible mid-block walkway that connects Cornell Street and 1460 West. RDA staff suggests that the Board could provide final approval for the $4 million seller’s note during the September 13 meeting, as well as potentially taking a straw poll on the first step toward approval of the gap loan proposal, which would be to approve concentrating funds from various RDA accounts (see section B below). RDA staff could then include that $4 million in RDA Budget Amendment #2 for authorization in the October meeting, and potential adoption in the November meeting. This would ensure the funds are available by the project’s planned December closing. Groundbreaking has been tentatively rescheduled from Fall, 2022 to Spring 2023. Item Schedule: Briefing: September 13, 2022 Set Date: n/a Public Hearing: n/a Potential Action: October 4 Page | 2 The RDA Finance Committee reviewed the seller’s note terms plus the gap loan terms, and unanimously recommended approving both. Goal of the briefing: Discuss proposed additional RDA financing totaling $8 million for the Spark development at 1500 West North Temple. Consider approving the resolution included in the transmittal for the $4 million seller’s note. Consider strawpolling the proposal to consolidate $4 million in RDA funds for the emergency gap loan, which would be included in RDA Budget Amendment #2. ADDITIONAL INFORMATION A.Seller’s Note. RDA staff proposes that $4 million of the financing amount would be in the form of a “seller’s note.” The seller’s note does not require any additional expenditure by the RDA at this point because it purchased the property in 2017. The seller’s note mechanism would allow Brinshore to repay the purchase price of the land over 30 years at 1.25% interest. The amount of this seller’s note is based on the land’s appraised value at that time. It was determined as the price for the property in the 2018 pre- disposition and RFP process, plus the subsequent Purchase and Sale Agreement with Brinshore. B.Gap Loan. The $4 million gap loan would carry 2.00% interest, with funds drawn from available amounts in several RDA Funds (see below). It would be repaid over 30 years with cash flow payments. 1. Proposed sources Primary Housing Fund, Property Acquisition $1,500,000 North Temple Strategic Intervention Funds $1,500,000 Housing Development Loan Fund (HDLP), Fall 2022 NOFA $1,000,000 Total for Project Gap Loan $4,000,000 2.Proposed approval process September Board straw poll to potentially approve concentrating funds from various RDA accounts October Briefing on RDA Budget Amendment #2 for $4 million gap loan November Potential adoption of Budget Amendment #2 C.Interest Rates. In response to a Council staff question about how the proposed rates were set, RDA staff provided the following information. “The project received two NOFA allocations prior to the Gap Loan request (in 2018 and 2019) and the terms for that funding were established through the NOFA process. The 2018 allocation terms were a 2% interest rate, 30-year term, and cash flow repayment. The 2019 allocation terms were a 1-3% interest rate, up to 40-year term, and cash flow repayment. In order to combine the allocations into one loan for efficiency, Brinshore agreed to both allocations having the same terms (within what was previously approved) at a 2% interest rate, 30-year term, and cash flow repayment. With the Gap Loan request, it also Page | 3 matches the terms of the NOFA allocations so that the Agency can reduce complication and issue and manage one loan for efficiency. For the Seller’s Note, our most recent Note transaction was for the project on 255 S. State which had a proposed interest rate of 1%. The interest rate is proposed as higher for this project at 1.25, but also is lower than Fed rates so that the project can still pencil.” D.Total RDA Investment. If the seller’s note and gap loan are approved, total RDA participation in the Spark project would be $14,456,000, which is slightly lower as a share of the full project cost than initially estimated. August 2020 September 2022 2018 NOFA 2,500,000 2,500,000 2019 NOFA 3,956,000 3,956,000 NEW Seller's note 4,000,000 4,000,000 NEW Gap loan request 0 4,000,000 Total RDA participation if new loans approved $10,456,000 $14,456,000 Total development cost (approximate) $60,000,000 $93,000,000 RDA Share 17.5%15.5% E.Funding Background. The Board authorized RDA purchase of the former Overniter Motel property in 2017 for $4 million. In 2018, the project was awarded to Brinshore through a competitive RFP process, and City funding totaling nearly $6.5 million was awarded through the 2018 and 2019 Notices of Funding Availability (NOFAs). RDA staff reports that the project is now in the final due diligence stage with Brinshore finalizing their capital stack in anticipation of closing in December. The project received 4% Low Income Housing Tax Credits (LIHTC) with a closing deadline of March 1, 2023. The project is anticipated to begin construction in Spring 2023, and the project completion date was recently updated to 2025. In an earlier staff report it was reported that Brinshore had been awarded 9% LIHTC in 2021 but the developer decided to opt for a 4% only project because the 9% credits would have expired before the project could be completed. Also, combining 4% and 9% credits would create significant design and cost implications, and funding the project with only 4% credits is more efficient for ongoing operations and compliance once the project is complete. F.Site Plan Details. 1.Midblock Crossing. The midblock crossing will be publicly-accessible and privately owned and maintained. It will be located on the north side of the building. 2.Internal Courtyards. In response to a question, RDA staff reports, “There are two separate internal courtyards within the central section of the project. The on-grade courtyard – adjacent to the commercial – will be publicly accessible, while the private residential courtyard will be located on the rooftop of the first story. [..] The separation between the public and private courtyards will be created by the elevation change between the ground level and first story.” Page | 4 G.Board Resolution on Affordability Limits. In 2017, the RDA Board expressed concern about the potential for a project on this site to further concentrate less-valuable housing on the City’s West Side. It has been the Board’s policy, instead, to try to disperse new affordable housing units across parts of the City where access to opportunities for residents is greatest, while encouraging greater diversity in the housing choices offered on the West Side. For this reason, in 2017 the Board passed a resolution to prohibit future site development at the former Overniter location from offering more than half of the total units as affordable housing. As provisionally planned, RDA staff considers the Spark development to meet the criteria established in the resolution because the unit mix for the project includes 50% of units at 70-80% AMI (per LIHTC standards) which is currently above market-rate rents for the neighborhood. ATTACHMENT Attachment C1. RDA Staff Report, August 24, 2021