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PH - Mortgage Revenue Bond Inducement <br />and TEFRA <br />August 6, 2012 <br />Page 2 <br />DISCUSSION <br />Vitus Group, a for-profit affordable housing developer, is under contract to acquire and rehabilitate <br />Wycliffe Plaza which is located at 1401 N. Flower Street (Exhibit 1). The developer will be forming <br />a corporation which will be called Washington Place Management, LLC for the purpose of owning <br />and operating this project. Wycliffe Plaza is a senior multifamily project that contains 200 one- <br />bedroom units. The project currently has a Department of Housing and Urban Development (HUD) <br />Section 8 and Section 236 contract which provides for 140 project-based rental assistance units. <br />The tenants that are residing in the project-based units pay 30% of their income toward rent. The <br />remaining 60 units are rent restricted but the tenant must pay the entire rent without any subsidy <br />from the project. <br />The Vitus Group has developed and owns more than 70 projects in 13 states, with 15 of those <br />projects located in California. They have successfully acquired and rehabilitated over 6,000 <br />subsidized senior units. <br />The developer is proposing to acquire and rehabilitate the project by utilizing tax-exempt bonds <br />and low income housing tax credits. The current affordability restrictions are due to expire in 2017. <br />By virtue of the proposed funding, the affordability will be extended for 55 years. Of the 200 units, <br />59 units will be designated for very low-income and 140 units for low income households. One unit <br />will be set aside for an onsite manager. <br />All cost to acquire, rehabilitate and provide for the level of affordability for this project will be funded <br />solely through the issuance of bonds and tax credit allocation. The project will undergo an <br />extensive rehabilitation to address deferred maintenance, improve the physical condition of the <br />property, and address long-term capital needs. Existing tenants will not be displaced during the <br />rehabilitation, although may be temporarily relocated to a hotel or a renovated vacant unit should <br />the need arise. The acquisition of the property is planned for December 2012 and the <br />rehabilitation is anticipated to commence in February 2013 and be completed in June 2013. <br />In order for the Housing Authority to apply for a bond allocation from the California Debt Limitation <br />Allocation Committee on behalf of the developer, the Housing Authority must adopt an Inducement <br />resolution relating to the bonds. The Inducement resolution confirms the Housing Authority's intent <br />to issue the bonds and identifies the time at which costs expended on the project qualify for the <br />financing with the tax-exempt bonds. The bonds are considered "conduit" obligations. This means <br />that although the Housing Authority will issue the bonds, the owner is actually the borrower and <br />has sole responsibility for repayment. The bonds will be repaid strictly out of the project's cash <br />flow. There is no recourse to the Housing Authority or the City of Santa Ana. <br />Prior to bonds being sold, the City Council must hold a public hearing as required by the Tax <br />Equity and Fiscal Responsibility Act (TEFRA). The public hearing is to solicit comments on the <br />project and the issuance of bonds. Holding the TEFRA is also a precondition to applying for the <br />8OA-2