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136 of 1988 - Cooperative Agreement with U.S. Department of Housing & Urban Development R 88-1 T 88-2 9 Iq RESOLUTION NO. 136 OF 1988 AUTHORIZING THE EXECUTION OF AN APPLICATION FOR A COOPERATIVE AGREEMENT BETWEEN SALT LAKE CITY CORPORATION AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, Title 11, Chapter 13 , Utah Code Annotated, 1953 , as amended, allows public entities to enter into cooperative agreements to provide joint undertakings and services; and WHEREAS, the attached agreement has been prepared to accomplish said purposes; - THEREFORE, BE IT RESOLVED by the City Council to Salt Lake City, Utah; 1 . It does hereby approve the attached application generally described as follows, including such modifications thereto as may be determined necessary to comply with all applicable statutes, rules or regulations: An application for loan guarantee assistance under Section 108 of the Housing and Community Development Act of 1974 (Public Law 93-383) , as amended, between Salt Lake City Corporation and the U.S. Department of Housing and Urban Development. 2. Palmer A. DePaulis, Mayor of Salt Lake City, Utah is hereby authorized to execute said agreement, including such modifications thereto as may be determined necessary to comply with all applicable statutes, rules or regulations, on behalf of Salt Lake City Corporation and to act in accordance with its terms. Passed by the City Council of Salt lake City, Utah, this 8thday of November 1988 SALT LAKE CITY COUNCIL f� CHATRPEP,SON APPROVED AS TO FORM I Y R R ER Salt t�k�Ci ttor"ey's,�ffig® r Dato B EXHIBIT A. APPLICATION FOR OMB Approval No,Olaa.ow 7.DATE SucurntD AmIcant Idenlller FEDERAL ASSISTANCE 11/16/88 1. TYPE OF SUBMISSION: 2.DATE RECEIVED BY STATE Stab ApO—W IderlMter Aodreahon Pr•apdieebon Cl Con't'-I. Constructcn a.DATE RECEIVED BY FEDERAL AGENCY Federal Id"h1W ®Non-Consvucfw 0 Non-C«+aruclun B-38-MC-49-0004 s.APPLICANT INFORMATION Legal Name: — — - Orgenurationel Und: Salt Lake City Corporation Capital Planning and Programming Address(give city.county,atat•.and rip Coder Name and tebprlona number of the person to be contacted on matter rnvoMrq Lake this apptK hon (give area Code) 324 S State Street, Floor . Rosemary Davis, Director Salt Lake City, Utah 84111 11 324 South State Street, Room 240 Salt Lake City, Utah 84111 (301) 535-7902 a.EMPLOYER IDENTIFICATION NUMBER IEINI: 7.TYPE OF APPLICANT:tents/appNprrala 1.11a1 rr1 f>o+) m — A. State H independent SChW 013t. B County I:State Controlled Inyhluuon of Hgher Learmng C. Munclpal J Private Unrvert1ty t TYPE OF APPLICATION: O. Township IC Inch,Tribe Q New ❑ Conbnuatlon ❑ Revlslpn E. Interstate •L Indivdual F Intemu—Pal M Ppfit Organuallon If Revlsroh.enter ap«ponate letta(s)in bna(es):❑ ❑ G Special Dstrml N.Other(SPeaA•) A Increase Award B Decrease Award C mcrease Duration O.Decrease Duration Other(3pe0y): !.NAME OF FEDERAL AGENCY: Housing and Urban Development 10.CATALOG OF FEDERAL OOMESTIC I L DESCRIPTIVE TITLE OF—(CANTS►ROJECT: ASSISTANCE NUMBER • ME. Section 103 Loan for purchase of Canterbury i Apartments and improvements to North 12.AREAS AFFECTED BY PROJECT(CIII03.COUnD•S.SIA10S.e1C.): Redwood Road Community Park Salt Lake City (see Attachment A-1) t3.PROPOSED PROJECT: 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a.AW".1 0 Protect 10/88 10/89 2nd 2nd W ESTIMATED FUNDING: Is.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372►ROCESST a YES THIS PREAPPLICATIOWAPPUCATION WAS MADE AVAILABLE TO 774E a Federal i 1,825,000 STATE E)(ECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Aopi—nt E AO DATE C State 1 .00 D NO ® PROGRAM IS HOT COVERED By E O.12372 d Local f .00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e Other E .DO t Program Income E ,OD t7.IS THE APPLICANT DELINOUENT ON ANY FEDERAL DE8T7APPROVE1) ❑Yell $•Yet•attach an eaplanatlorl FINANCE DEF�TmENT D TOTAL S 11825,000 ao "tDS NOT NEFOED It.TO THE$EST OF MY KNOWLEDGE AND BELIEF.ALL DATA IN THIS APPLICATIONPREAPPLICATION ARE TRUE AN UMENT HAS BEEN OULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE tS AWARDED a Typed Name of Authorized Representallve D Tnle C Telephone number Palmer A. DePaulis l 8 - d Signature of Authorized Representative ,' e Date S,g^� lanCarO «m JZA V 4 as; e—us Eoilions Not USaoie , •_.. „____.____ — ATTACHMENT A-1 Salt Lake City requests approval for a Section 108 Loan Guarantee of $1, 825,000 for the following projects: Canterbury Apartments Purchase price $1, 600 000 Repairs and improvements 20,000 Closing costs (estimated) 32,000 Interim financing charges (estimated) 23 , 000 Total $1, 675,000 North West Community Park Acquisition of up to 9 acres of land for park development $ 150, 000 Total 108 Loan Request $1,825 ,000 A-2 Exhibit B SALT LAKE CITY FINAL STATEMENT OF LOCAL GOALS AND OBJECTIVES 14th Year Community Development Block Grant Program The primary goal of the Community Development Program is to revitalize, redevelop, and preserve our urban community by providing decent housing and a suitable living environment and by expanding economic opportunities principally for persons of low and moderate-income. More specific goals of Salt Lake City are: I . The prevention of slums and blight and the elimination of blighting influences; II . the elimination of conditions which are detrimental to health, safety and public welfare through code enforce- ment, demolition, rehabilitation and related activities; III . the conservation and expansion of housing stock; IV. the expansion and improvement of the quantity and quality of community services; V. a more rational utilization of land and other natural resources; VI . the alleviation of physical and economic distress through the stimulation of private investment and community revitalization. In order to meet the goals of the Community Development Program, specific objectives have been identified. These objectives are: a. to concentrate funds through the targeting of neighbor- hoods, and in addition, specific areas where these improvements will favorably impact several neighbor- hoods or areas; b. to offer housing rehabilitation programs to owners of single-family and multi-family homes; C. to provide sidewalk, curb and gutter , and street improvements, in target neighborhoods, and in addition, specific areas where these improvements will favorably impact several neighborhoods or areas; d. to improve and provide recreational facilities, specifically parks and community centers; B-1 e. to stimulate private investment and community revital- ization by improving existing and proposed infrastruc- ture through active capital improvement planning and programming; f . to provide comprehensive planning services encouraging better arrangement of residential, commercial, industrial and recreational activities; g. to provide limited public service programs for low and moderate-income residents for programs where no altern- ative funding sources are available. Priority will be given to public service programs which complement physical development activities. B-2 Exhibit "A" Use of Additional CDBG Funds Salt Lake City allocates $1, 825,000 of additional 14th Year CDBG funds to the following projects and program areas: 1. Housing Section 108 Loan for Acquisition of City owned Low/Moderate Income Housing (1357 North Morton Drive) $1, 675,000 2. Parks Section 108 Loan for North Redwood Road Community Park Acquisition (2000 West 1100 North) $150,000 Total $1, 825,000 B-5 Exhibit C DESCRIPTION OF SECTION 108 LOAN ACTIVITIES AND HOW EACH MEETS ONE OF THE BROAD NATIONAL OBJECTIVES Activity: Acquisition of low/moderate income housing National Objective: Activity benefiting low and moderate income persons where at least a majority of the beneficiaries are low and moderate income persons. We propose to use the 108 loan proceeds to purchase the Canterbury Apartment complex, which is in a mixed single family detached and multiple unit neighborhood. The project is aesthetically designed and quality constructed with the principal amenity being an outdoor swimming pool. The cost per unit is $20 ,513 which is about 40% below current new construction costs. A description of the complex is as follows: 1. 78 units in 6 buildings 2. Total 73 , 930 sq. ft. 3 . 839 sq. ft. in 2-bedroom units 4. 1,075 sq. ft. in 3-bedroom units 5. 156 parking stalls (total) 6 . 78 covered stalls 7. Built in 1985 8 . 2 1/2 story walk-up 9 . Stucco and aluminum siding 10. Asphalt shingles 11. Swimming pool and clubhouse Approximately 44% of the present tenant mix is moderate income and an additional 20% is in the low income category. There are 42 two-bedroom and 36 three-bedroom units with average rents of $310 and $385 respectively. Section 8 fair market rents have been established at $455 for the two-bedroom units and $564 for the three-bedroom units, and using the 30% median income cap, rents could be $626 and $696 respectively. Thus rendering these units as "affordable housing" . City involvement in securing undervalued housing in the current depressed market is intended to assure that rents will remain affordable for low and moderate income persons as rents increase in the future. Since the complex will have no debt service after six years when the Section 108 Loan has been repaid, annual surplus income, can then be directed to broader community-wide programs for low and moderate income elderly and family projects. A Section 108 loan guarantee in the amount of $1, 675,000 will be used to purchase the seventy-eight unit Canterbury Apartments for low/moderate income families. Approximately C-1 $20,000 of the Section 108 Loan will be used to make repairs and minor improvement to the property and $55,000 has been allowed for closing costs and loan servicing and/or interim financing cost. The loan will be repaid from rental income and from a Community Development Block Grant allocation of $300, 000 per year for approximately 6 years. After purchase by the City, ownership of the Canterbury Apartments will be immediately transferred to the Redevelopment Agency of Salt Lake City, subject to a contract to be entered into between the City and the Redevelopment Agency. The Redevelopment Agency will be responsible for operating and maintaining the Canterbury Apartments until the Section 108 loan is repaid, at which time ownership of the Canterbury Apartments will immediately revert back to Salt Lake City Corporation. The contract with the Redevelopment Agency will provide that cash flows from the Canterbury Apartments in excess of the amounts reasonably necessary to operate and maintain the apartments will be directed to repay the interest on the Section 108 Loan. Any excess cash flow over the debt service interest will be deposited in a reserve account to be used by the City at its discretion either for additional payments on the Section 108 loan or for low/moderate or elderly assisted housing. The Section 108 loan will be repaid solely from future CDBG grants and project cash flow. The City will enter into a contract with the Housing Development Corporation (HDC) that, at the reversion of the Canterbury Apartments to the City after the repayment of the Section 108 Loan, the HDC will receive all of the cash flows from the Canterbury in excess of the amounts needed to manage the Canterbury until the HDC bonds are paid off . In addition, this project is part of a commitment and a strategy of Salt Lake City to provide affordable housing other than through traditional programs offered by the Housing Authority or other HUD subsidized projects. The Housing Development Corporation (HDC) is charged with assembling a portfolio of elderly and family units that will provide low/moderate assisted housing and stable rents and has four major elements. 1. In December 1985 , the Salt Lake City Housing Authority sold bonds which were backed by the credit rating of the City to allow the HDC to build elderly housing. The intent was to build new units and rent them substantially below market rents to assist the large population of elderly people who are between 50% and 80% of median and do not qualify for Housing Authority subsidized programs. This group has limited earning power and cannot afford market rents. In addition, they need secure environment among their peers to retain an independent life style. However , the market changed dramatically and the lower rent bond program was no longer sound without further subsidy, therefore 2, 3 , and 4 became part of the program. C-2 2. A Secretary' s Discretionary grant of $500,000, plus an allocation of $300, 000 from CDBG funds and $864, 000 from bond proceeds, to assist in the purchase of the 68 unit Ben Albert Apartments for low income elderly housing at a cost of $1, 664 , 000 . 3 . The use of City guaranteed bond proceeds for the construction of the Riverside Apartments (already completed) with 41 elderly, specially designed units. 4 . Section 108 Loan Guarantee to purchase the 78 unit Canterbury Apartments for low/moderate income families as described. As mentioned earlier, it is the City' s intent to use the Canterbury Apartments in some manner to benefit the HDC and its elderly programs. C-3 Canterbury Apartment Pro forma Income: (current 1988 level) Rents (less vacancy @ 10%) * $297, 108 42 2-bedroom @ $325** 36 3-bedroom @ $385** Other income - add 1% 2,971 Effective gross income $300, 079 Expenses: Salaries - management/maintenance $ 33 , 550 Management fee 16, 500 Maintenance 25, 500 Advertising/promotion 17, 000 Utilities 30, 000 Insurance 8, 850 Other 1, 800 Reserve/extraordinary 15, 000 Total expenses $148, 200 Net operating income: $151, 879 *Note: Rents will rise modestly over the 6 year loan repayment period and we anticipate the current 5% vacancy rate to be more typical than the projected 10%. These conditions will result in a stronger pro forma allowing us to repay the 108 Loan earlier, expand the reserve account for upgrading and improving the complex, keeping rents low, or any combination of these options. **Note: To demonstrate affordability of these rents, current caps based on 30% of median income allows a family of 3 to expend $626 per month on housing and a 4 person family $696. Utilities added to the rents listed here place present rents at about $400 for 2 bedroom units and $460 for 3 bedroom units, making this complex affordable to moderate and low-income families. C-4 Activity_ Purchase of property for development of the North Redwood Community Park National Objective: Activity addressing slum and blight, in particular , to eliminate specific conditions of blight or physical decay on a spot basis not located in a slum or blighted area . The City proposes to acquire up to 9 acres of functionally blighted land for recreation and storm water detention purposes in the North Redwood Road Community. The site is adjacent to an improved residential area and was planned for housing development. However , the parcel is heavily impacted by noise and the visual association of the newly constructed I-215 Freeway, a high ground water table including some standing water , and an open drainage canal which makes it unsuitable for residential use. This is evidenced by an adjoining subdivision tract with some similar conditions which has had no building activity since the freeway was constructed. Since the site can be adapted to a neighborhood park, the most suitable use of the land is as permanent open space that will provide recreation facilities to the Canterbury Apartments as well as the surrounding community which has a high proportion of low/moderate income population. There are more than five hundred school age and pre-school age children in the immediate vicinity and the nearest play fields are beyond a reasonable walking distance requiring children to cross a busy highway to reach them. The limited amenities associated with the various apartment buildings in the area are not available to non- tenants and are generally single-purpose facilities. The negative attributes of this vacant land adjoining the freeway and the lack of recreation facilities in the neighborhood is perceived as affecting the marketability of new residential development and the commitment of families to long term residency. The growing proportion of low income families in the area is attributed in part to depressed real estate prices which have a direct relationship to the quality of the residential environment. The City Parks and Recreation Department has sought to acquire and develop a recreation site for the North Redwood Road Community, however sufficient funds have not been available to purchase land and provide improvements. If acquisition can be accomplished, improvement monies will be raised through the sale of City-owned surplus land. The Section 108 Loan can move this project to immediate development and restore confidence in the neighborhood. An important aspect of combining the park site acquisition with the purchase of the Canterbury Apartments is that rental profits from the apartments help service the loan that provide the neighborhood park. C-5 Exhibit D REPAYMENT SCHEDULE AND SOURCE OF REPAYMENT The 108 Loan will be serviced from the Canterbury Apartment rental income stream and from annual CDBG appropriations over the next 6 years. Interest payments will be paid twice annually and principal will be made in annual installments. Assuming a commitment date of January 1, 1989 and an interest rate of 9% over the term of the loan, interest and principal would be paid according to the following schedule. YEAR PAYMENT SOURCE AMOUNT BALANCE 2/89 interest rent stream 13 ,688 1, 825, 000 7/89 prin./int. rent stream/CDBG 106, 312/300,000 1,500, 813 2/90 interest rent stream 67,537 1,500, 813 7/90 prin./int. rent stream/CDBG 52,463/300, 000 1, 215,887 2/91 interest rent stream 54, 715 1, 215, 887 7/91 prin./int. rent stream/CDBG 65, 285/300,000 905, 317 2/92 interest rent stream 40, 739 905, 317 7/92 prin./int. rent stream/CDBG 79, 261/300, 000 566,795 2/93 interest rent stream 25 ,506 566,795 7/93 prin./int. rent stream/CDBG 94,494/300,000 197, 807 2/94 interest rent stream 17, 803 197, 807 7/94 prin./int. rent stream/CDBG 102,197/95,610 0 Note: This schedule anticipates a minimum rent stream income of $120, 000 per year for loan service. Actual loan service income should be higher, however , any shortfall, should it occur , will be made up from CDBG appropriations and not from the City' s general fund. D-1 Exhibit E CERTIFICATION PLEDGING FUTURE CDBG GRANTS FUNDS AS 108 LOAN SECURITY Salt Lake City Corporation, through the legislative powers of the City Council, by resolution authorizing the Mayor to execute an application for a Loan Guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974, as amended, hereby assures and certifies with respect to such application, that the use of the Section 108 Loan complies with national Community Development objectives and that it possesses the legal authority to pledge funds from its Community Development Block Grant Entitlement to repay loan funds from the Section 108 Loan guarantee program. No payment or pledge of future City general fund revenues is hereby contemplated. Palmer A. DePaulis Mayor and Chief Executive Officer ATTEST: City Recorder E-1 EXHIBIT F COMMUNITY DEVELOPMENT BLOCK GRANT GRANTEE CERTIFICATIONS In accordance with the Housing and Community 'Development Act of 1974 , as amended, and with 24 CFR 570.303 of the Community Development Block Grant regulations, the grantee certifies that: (a) It possesses legal authority to make ,a grant submission and to execute a community development and housing program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the person identified as the official representative of the grantee to submit the final statement and all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the grantee to act in connection with the submission of the 'inal statement and to provide such additional information as may be required; (c) Prior to submission of its final statement to HUD, the Is grantee has: 1. met the citizen participation requirements of 5570. 301 (a) (2) and has provided citizens with: A. the estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low .and moderate income; and B. its plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; 2. prepared its final statement of community development objectives and projected use of furids in accordance with 5570.301 (a) (3) and made the final statement available _to____ the public; (d) It is following a detailed citizen participation plan which: I. provides for and encourages citizen participation, with , particular emphasis on participation by persons of low and moderate income who are residents of slum and F-1 R /RR blighted areas and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate income neighborhoods as defined by the local jurisdiction; 2. provides citizens with reasonable and timely access to local meetings, information, and records relating to the grantee's proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the Act; 3. provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the grantee; 4. provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accomodation for the handicapped; 5. provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and • 6. identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate; (e) The grant will be conducted and administered in compliance with: 1. Title VI of the Civil Rights Act of 1964 (Public Law 88- 352; 42 U.S.C. S2000d et seq. ) ; and 2. Title VIII of the Civil Rights Act of 1968 (Public Law 90-284; 42 U.S.C. 53601 et ses. ) ; M It will affirmatively further fair housing; (g) It has developed its final statement of projected use of funds so as to give maximum feasible priority to activities -� which benefit low and moderate income families or aid in the -- - prevention or elimination of slums or blight; (the final _._ F-2 8/88 statement of projected use of funds may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available) ; except that the aggregate use of CDBG funds received under section 106 of the Act and , if ap.?licable, under section 108' of the Act, during the 1988-89 program year (s) (a period specified by the grantee consisting of one, two, or three consecutive years) , shall principally benefit persons of low and moderate income in a manner that ensures that not less than 60 percent of such funds are used for activities that benefit such persons during such period; (h) It has developed a community development plan, for the period specified in paragraph (g) above, that identifies community development and housing needs and specifies both short and long-term community development objectives that have been developed in accordance with the primary objective and requirements of the Act; (i) It is following a current housing assistance plan which has been approved b; HUT); (j) It will not attempt to recover any capital costs of public improvements assisted in whole or in part with funds provided under section 106 of the Act or with amounts resulting from a, guarantee under section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless : 1. funds received under section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title I of the Act; or 2. for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that it lacks • sufficient funds received under section 106 of the Act to comply with the requirements of subparagraph (1) -- above; (k) Its notification, inspection, testing and abatement procedures concerning lead-based paint will comply with 5570. 608; and F- 3 8/88 (1) It is following a residential antidisplacement and relocation assistance plan and that it will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as required under 5570.606(a) and HUD implementing regulations at 24 CFR Part 42; the requirements in S570.606(b) governing the residential antidisplacement and relocation assistance plan under section 104(d) of the Housing and Community Development Act of 1974; the relocation requirements of S570.606(c) governing displacement subject to section 104(k) of the Act; and the relocation requirements of 5570.606(d) governing optional relocation assistance under section 105(a) (11) of the Act. (m) It will comply with the other provisions of the Act and with other applicable laws. Palmer A. DePaulis Mayor and Chief Executive Officer ATTEST: Recorder City r �- F-4 8/88 Exhibit G CERTIFICATION OF FINANCIAL NEED Salt Lake City Corporation hereby assures and certifies with respect to its application for a Loan Guarantee pursuant to Section 108 of the Housing and Community Development Act of 1974 , as amended, that it has made efforts, as referenced in Attachment G-1 appended hereto, to obtain financing for activities described herein without the use of such guarantee and cannot complete such financing consistent with the timely execution of the program plans without such guarantee. Palmer A. DePaulis Mayor and Chief Executive Officer ATTEST: City Recorder G-1 ATTACHMENT G-1 November 9, 1988 Ms. Rnsemary Davis Salt Lake City Corporetien DirAntor of Capital Planning 324 South State Stroot Salt Lake city, Utah 84111 REs Canterbury Apart'aanta fin:%nciny request Dear Ma. Davies pleas• be advised that your rt;uest for financing by the Federal *Tatienal Mortgage Association ("FannieM3- 1} in connection with i_he purchase c_ the Canterbury Apartments located in Salt Lake CiLy, Utah has been declined, As a matter of policy, FannieMa€+ is not w'_llir.; to finances the sale o- prcperties from it's own portfolio. It you need furthur ansistance please feel free to tali at any time. Yo rs �+ r'Y t ;;ly,t 9a�che - . est G_'Picer Multi-gamily Activities Division hRSsrp