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HomeMy WebLinkAboutProposed Resolution - 5/23/2025SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 115 WWW.SLC.GOV · WWW.CRA.SLC.GOV P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245 SALT LAKE CITY COMMUNITY REINVESTMENT AGENCY RESOLUTION NO. _______________ Adopting Term Sheet for the Palmer Court Affordable Housing Amended Loan Agreement for Construction of the Gardens at Palmer to Facilitate the Preservation and Redevelopment of Deeply Affordable Housing RESOLUTION OF THE BOARD OF DIRECTORS OF THE SALT LAKE CITY COMMUNITY REINVESTMENT AGENCY APPROVING THE TERM SHEET FOR THE PALMER COURT AFFORDABLE HOUSING LOAN AMENDMENT WHEREAS, the Salt Lake City Community Reinvestment Agency (CRA) was created to transact the business and exercise the powers provided for in the Utah Community Reinvestment Agency Act, including the development of affordable housing. WHEREAS, Shelter the Homeless II, L.C. (Shelter the Homeless) is a nonprofit organization dedicated to serving individuals experiencing homelessness and working with partners to develop safe facilities and expand solutions to prevent and end homelessness in Utah. WHEREAS, on April 17, 2007, the CRA’s Board of Directors (then known as the Redevelopment Agency of Salt Lake City (RDA) Board of Directors) (Board) approved resolution No. 627.02, setting aside $3 million RDA funds to be distributed by the RDA to Shelter the Homeless as a forgivable loan with conditions requiring 60 Single-Room Occupancy (SRO) units to be made available as weekly rentals. WHEREAS, Shelter the Homeless is redeveloping its Palmer Court facility located at 999 South Main Street, in which 201 units of affordable housing, including 60 units with CRA- restrictions, will be replaced with a development called Gardens at Palmer on a parcel east of the existing site that will include 187 new units of affordable housing. WHEREAS, the transfer of existing units to a new building will permit the demolition of the existing, inadequate structure and allow for the development of additional affordable housing and community benefits. WHEREAS, the transfer of 60 weekly rental SRO units would constrain redevelopment, as it may conflict with certain requirements for key funding sources, including Low-Income Housing Tax Credits (LIHTC) and Project-Based Vouchers (PBV), and hamper operational viability. WHEREAS, CRA staff recommends that the Board approve the attached Term Sheet to assign the loan to the new project entity for Gardens at Palmer, modify certain loan provisions, including removing the requirement for SRO units to be offered as weekly rentals, and associated ATTACHMENT C – RESOLUTION 9 references and requirements, while maintaining key loan terms such as the maturity date, annual loan forgiveness, and affordability levels. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Salt Lake City Community Reinvestment Agency that it approves the Palmer Court Affordable Housing Loan Amendment as outlined in the Term Sheet attached hereto, subject to revisions that do not materially affect the rights and obligations of the CRA hereunder. The Board authorizes the Director to negotiate and execute the legal agreements and any other relevant documents consistent with the Term Sheet and incorporating such other terms and agreements 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 10, 2025. _________________________________ Darin Mano, Chair Approved as to form: Salt Lake City Attorney’s Office Sara Montoya Date:_______________________ The Executive Director: ____ does not request reconsideration ____ requests reconsideration at the next regular Agency meeting. ________________________________ Erin Mendenhall, Executive Director Attest: ________________________ City Recorder May 22, 2025 10 EXHIBIT A – TERM SHEET Term Sheet for the Palmer Court Affordable Housing Loan Amendment Among the Salt Lake City Community Reinvestment Agency, Shelter the Homeless II, L.C. and the New Project Entity Developing Gardens at Palmer to Facilitate the Preservation and Redevelopment of Deeply Affordable Housing Purpose To assign and modify the terms of a 2008 loan agreement for $3,000,000 by and between the CRA and Shelter the Homeless II, LC, which is operated by The Road Home (“Borrower”), enabling the redevelopment of Palmer Court (“Current Project”), which is located at 999 S Main Street. The redevelopment will encompass the construction of a new residential development called Gardens at Palmer, to be located east of the Current Project (“Gardens”), to enable the preservation and expansion of deeply affordable and permanent supportive housing. Parties •Shelter the Homeless II, L.C. •The new entity developing Gardens at Palmer, which are/will be operated by The Road Home (“Assignee Borrower”) (currently unidentified) •Salt Lake City Community Reinvestment Agency (“CRA”). Properties Parcels 16-07-301-013-0000 (Current Project) and 16-07-301-017-0000 (Gardens). Eligible Use of Funds For the construction and redevelopment of the Gardens. Terms Category Existing Agreement Proposed Modifications Loan Terms $3M CRA loan; $300K forgiven annually (2023–2033); fully forgiven by April 1, 2033 so long as Borrower is not in material default (beyond any applicable notice, grace, or cure periods). Same loan terms preserved; maturity date and forgiveness schedule unchanged. 11 Category Existing Agreement Proposed Modifications SRO Requirements 60 units must be available to be rented weekly as required under the CRA loan and tied to mitigation for previous SRO demolitions. Remove weekly rental requirement; lease term modified to a minimum of 1 year. Affordability Existing Loan Agreement establishes rental limits for SRO units. Existing units are currently rented at rates below the 30% AMI rent limit. Proposed agreement would preserve affordability, ensuring that 60 units will continue to be rented at deeply affordable rates (at or below 30% AMI). All 187 units in Gardens will be affordable to households at or below 30% of AMI. Protections for Current Residents Existing Loan Agreement gave initial priority to former State Street SRO Hotel residents when new units at Palmer Court became available. Proposed agreement would give preference to existing Palmer Court SRO residents when new units at Gardens become available. Deed Restrictions The requirements for the 60 SRO units are laid out within the loan agreement. The affordability requirements for Gardens can be addressed through a Deed Restriction. Compliance and Legal Requirements Assignee Borrower will be required to take the following actions to meet the CRA’s compliance and legal requirements: • Comply with all local, state, and federal regulations, including zoning, environmental, and fair housing laws. • Execute loan documents (e.g. promissory notes, loan agreements, security documents, restrictive use agreements) as requested by the CRA and its legal counsel. • Receive approval from the CRA 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 requested by CRA for the loan transaction. • Provide evidence of insurance in such amounts and with such coverage as requested by the CRA for the property. • Use funds solely for the purposes outlined in this term sheet. • Such other terms as requested by the CRA’s legal counsel and staff. Conditions for Amending Loan Terms 12 The funding is provided with the following pre-conditions that the Borrower and/or Assignee Borrower must meet to receive funding: • Provide to the CRA any additional sources of program financing, including letters of commitment for additional funding. • Receive low-income housing tax credits. • Obtain all financial, legal, and regulatory approvals required for the construction, completion, and operations of Gardens. • Provide the CRA with updates to Gardens’ sources and uses and operating proforma. Other In the event Gardens is unable to be completed, the current Loan Agreement will remain in place, and existing legal obligations will remain on the Current Project through the term. 13