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Proposed Resolution - 6/11/202421 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO. AMENDMENT: Affordable Housing – FY2023-2024 Competitive Housing Development Loan Program (HDLP) Funding Allocation Amendments RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY AMENDING CERTAIN CITYWIDE AFFORDABLE HOUSING PROJECT FUNDING ALLOCATIONS. WHEREAS, the Redevelopment Agency of Salt Lake City (“RDA”) was created to transact the business and exercise the powers provided for in the Utah Community Reinvestment Agency Act (the “Act”). WHEREAS, the Act provides that tax increment funds may be used for the purpose of increasing the affordable housing supply within the boundaries of Salt Lake City. WHEREAS, the RDA Board of Directors (“Board”) approved the Housing Funds Allocation Policy (“Funds Policy”), Resolution R-1-2022, which establishes policies with respect to dedicating and directing resources for the development and preservation of housing based on funding source (“Housing Funds”). WHEREAS, through a Notice of Funding Availability (“NOFA”), the RDA administered a loan application and review process for the Competitive Housing Development Loan Program (“HDLP”) funds pursuant to the HDLP policy set forth in resolution R-2-2022 (the “HDLP Policy”) and the RDA’s Housing Funding Priorities for Fiscal Year 2023-2024 set forth in R-8- 2023. WHEREAS, pursuant to Resolution R-1-2024, passed by the Board on March 19, 2024, the Board previously allocated $15,426,164 of Competitive HDLP funds to a number of affordable housing development applicants (“2024 HDLP Allocation”). WHEREAS, as part of the 2024 HDLP Allocation, the Board approved a $1,000,000 allocation to The Catherine Phase 1 and a $134,323 allocation to The Catherine Phase 2 (collectively with The Catherine Phase 1, the “Catherine Project”) to fund construction of affordable housing located at 1881 West North Temple in Salt Lake City. WHEREAS, following the Board’s approval of the HDLP funding allocations, RDA staff received a request to amend the proposed loan terms for the Catherine Project to accommodate use of the funds for property acquisition in addition to construction, along with changes to the terms. WHEREAS, the Finance Committee has reviewed the amendment request and recommends the term amendments described in Exhibit A be approved by the Board. 1 22 WHEREAS, following the Board’s approval of the proposed amendments set forth on Exhibit A, the RDA shall provide a 24-month conditional commitment period, starting from March 19, 2024, during which the approved applicant shall have the opportunity to obtain needed financial, legal, and regulatory approvals, as well as satisfy other conditions determined by the RDA, to finalize the loan terms. WHEREAS, pursuant to the HDLP Policy, applicants that successfully meet the conditions of the conditional commitment shall be invited to execute a Letter of Commitment to finalize the loan terms, subject to a set of conditions precedent to closing of the loan. NOW THEREFORE, BE IT RESOLVED BY THE BOARD that it approves the funding allocation and amended preliminary terms as further described in Exhibit A, subject to revisions that do not materially affect the rights and obligations of the RDA hereunder. For approved applicants that successfully meet the required conditions, the Board authorizes the Executive Director to negotiate and execute the conditional commitment letter, the Letter of Commitment, the loan agreements, and other relevant documents consistent with the funding allocations and preliminary terms contained on Exhibit A and incorporating such other terms and conditions as recommended by the City Attorney’s office. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this day of June 2024. Alejandro Puy, Chair Approved as to form: Salt Lake City Attorney’s Office Sara Montoya Date:May 24, 2024 The Executive Director: does not request reconsideration requests reconsideration at the next regular Agency meeting. Erin Mendenhall, Executive Director Attest: City Recorder 2 23 EXHIBIT A: THE CATHERINE PROJECT PROPOSED TERM AMENDMENTS PROJECT/APPLICA NT ADDRESS LIHTC Awarded? WEIGHTED PROJECT PRIORITY SCORE/INTEREST RATE REDUCTION* FUNDIN G REQUE ST AS- APPROVED PRELIMINAR Y TERMS*** PROPOSED PRELIMINA RY TERMS** RDA FUNDS HOME Progra m Incom e TOTAL FUNDING RECOMMENDATI ON FUNDIN G RANKIN G The Catherine Phase 1 22 Communities 1881 W N Temple Applying, 4% Transportation Opportunities: 1 Architecture & Urban Design: 1 Commercial Vitality: 1 Public Art: 1 TOTAL: 4 $1,000,000 Interest Rate: 2.0% Term: 16 year Amortization: 40 year Cash Flow Repayments Interest Rate: 1.0%**** Acquisition: 2 Yr Term, Balloon or Conversion. Construction to Perm: Term: 16 year Amortization: 40 year Cash Flow Repayments $1,000,00 0 $1,000,000 10 The Catherine Phase 2 22 Communities 1881 W N Temple Applying, 4% Family Housing: 3 Transportation Opportunities: 1 Commercial Vitality: 1 Public Art: 1 TOTAL: 6 $134,323 Interest Rate: 2.0% Term: 16 year Amortization: 40 year Cash Flow Repayments Interest Rate: 1.0%**** Acquisition: 2 Yr Term, Balloon or Conversion. Construction to Perm: Term: 16 year Amortization: 40 year Cash Flow Repayments $134,323 $134,323 10 TOTAL $1,134,323 $134,323 $1,000,00 0 $1,134,323 * Projects receive a 0.5% interest rate reduction for each included priority. Sustainability allows for a 1% or 2% reduction. The maximum reduction per development is 2%. The interest rate is calculated as follows: Base Interest Rate minus (-) Interest Rate Reductions (up to 2%) = proposed interest rate; Base interest rate shall be locked within a month of closing. Projects shall maintain project priorities and the same weighted score at closing. Deviation from Project Priorities met may require Board approval. ** Final Terms shall comply with the requirements, standard loan terms and conditions, interest- rate reductions, and all other details laid out within the FY2023-2024 Housing Development Loan Program ( HDLP) Guidelines. Changes to repayment type may occur ( hard repayment versus cash flow repayment) and shall be based on requirements listed in the HDLP Guidelines or it required by a senior lender. Changes in repayment type will cause a change in the base interest rate. Repayment priority and lien position shall be based on the size of the loan; consideration may be made for other government entity loans if required through their policies. Funds may be disbursed in a lump sum if required by senior lender(s). *** While reviewing applications, the Committee took into consideration their February 1, 2024 High Opportunity Area HDLP funding recommendation and agreed to maintain their submitted recommendation to fund 515 Tower – Conversion 1 with High Opportunity Area funds. The Committee’s competitive HDLP funding recommendations incorporate the previously submitted High Opportunity Area recommendation. ****If the Developer is unable to secure tax credits, financing, or meet conditions to convert the loan to a construction to permanent loan, and cannot fulfill the affordable housing obligation, the 30-year deed restriction on the property could be removed and the RDA’s 1% acquisition interest rate would be replaced by the rate of the United States Treasury Yield Curve of the loan term at time of closing plus 800 basis points (i.e. 2-Year yield + 8%) of the repayment of the HOME and RDA funds. NOTE: For all loan awards greater than $899,999, the Sustainable Development Policy requires buildings to be designed to operate without fossil fuels, but it would not restrict the ability to have backup generators for emergencies.