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Request for Consent by C&C Development and Orange Housing Development Corporation <br />October 2, 2018 <br />Page 3 <br />• The Deferred Developer Fee is set at $203,000 and is estimated to be repaid by Year 3. <br />• It is estimated that the City will begin to receive residual receipts payments in Year 4. <br />• The residual receipts payments to the City over the 55 -year loan term are estimated as <br />follows: <br />o $6.78 million in nominal dollars; and <br />o $366,000 in net present value dollars. <br />As such, it is anticipated that the City will receive residual receipts payments sooner with the <br />Developer's requested higher permanent loan amount. Furthermore, it is estimated that the <br />residual receipts payments to the City will be higher (in both nominal and net present value terms) <br />under the requested higher permanent loan amount of $6.42 million rather than the $5.43 million <br />permanent loan based on the 2016 financing assumptions. <br />Under certain circumstances, KMA would recommend that the increase in permanent loan <br />proceeds be utilized to pay down the principal balance of the City's loan rather than to pay <br />increases in project costs or to pay down the deferred Developer Fee. However, this Project <br />includes a variety of funding sources which were competitively awarded based on the assumption <br />that the City would provide $3.0 million in financial assistance (9% Low -Income Housing Tax <br />Credits, Affordable Housing and Sustainable Communities, and Mental Health Services Act <br />funds). As such, reducing the City's financial assistance amount could create issues with the <br />lenders of these other funding sources. Thus, KMA recommends that for this project, the <br />increase in permanent loan proceeds be utilized to cover additional project costs or pay down the <br />deferred Developer Fee given that it is estimated to result in higher residual receipts payments to <br />the City. The Developer has agreed to both recommendations. <br />If the request for consent is approved, the City Manager and Clerk of the Council will execute the <br />Junior Lienholder's Consent which is an addendum to the Modification Agreement between Bank <br />of America, N.A, CCRC, and Depot at Santiago, L.P., that will increase the permanent loan for <br />the Depot at Santiago (Exhibit 3) and any related documents. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal # 4 Fiscal Sustainability, Objective # <br />1 (maintain a stable, efficient and transparent financial environment) and Goal # 5 - Community <br />Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing <br />opportunities and support efforts to preserve and improve the livability of Santa Ana <br />neighborhoods). <br />FISCAL IMPACT <br />Approval of the new loan structure is projected to result in the City's ability to begin to receive <br />residual receipts payments sooner during the repayment period and an overall higher repayment <br />total (in both nominal and net present value terms). Over the 55 -year repayment period, the <br />estimated revenue amounts are shown below: <br />25C-3 <br />