HomeMy WebLinkAboutJAMBOREE HOUSING CORPORATION AND WISEPLACEN
N
O
N
MAYOR
cv
Vicente Sanniento
MAYOR PRO TEM
Z-)
Phil Bacerra
'7
COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
INSURANCE NOf REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
DATE:
June 21, 2022
�:r,Ioa-cct�at� s��csM��
Tish Kelly
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza M-25
Santa Ana, California 92702
wvw.santa-ana.orD
Vice President, Development
Jamboree Housing Corporation
Brateil Aghasi
Chief Executive Officer
WISEPIace
A-2022-130
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Daisy Gomez
Sent via E-mail
Re: WISEPIace Permanent Supportive Housing
1411 N. Broadway, Santa Ana, CA 92706
Pre -Commitment Letterfor HOME —American Rescue Plan ("HOME —ARP") Loan,
Inclusionary Housing Funds Loan, Twenty -Five (25) Project -Based Vouchers, and
CDBG Loan Forgiveness
Dear Mses. Kelly and Aghasi,
Jamboree Housing Corporation ("Jamboree"), in partnership with the fee owner of the
WISEPIace apartment development ("Owner," and collectively with Jamboree, the
"Developer"), requested financial assistance in connection with the proposed
development of a forty-eight (48) unit affordable housing complex, with forty-seven (47)
units restricted for chronically homeless individuals, to be located at 1411 N. Broadway,
Santa Ana, CA 92706 (APN 398-523-04) (the "Project").
The Projectwill be an adaptive reuse of the existing one-story structure and the demolition
of the existing two-story gym structure along Sycamore. The new construction
component will include one story within the existing building along Broadway and a four-
story new building along Sycamore. The Project requires a Density Bonus Agreement to
be approved by the City Council.
The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana
("Housing Authority") have reviewed the Developer's request for assistance, and at the
SANTA ANA CITY COUNCIL
Vi.te Sahnnnto Phil Bawra Thai Alai Phan Nelida Mendoza Jesale Lopez Johnalhan Ryan Hemandez David Penal..
Mayor Mayor Pm Tam, Wait Wahl Ward Ward Ward Wardfi
enb�sanla-ana nor in Iessieboe4Vsanla-ana om mnhemandezfdsann-ana om doenebzaitlsenla-aneom
Page 12
City Council / Special Housing Authority meeting on June 21, 2022, the City Council and
Housing Authority Board authorized and approved issuance of this pre -commitment letter
evidencing the preliminary award of (collectively, the "City Assistance"):
- A loan in the maximum amount of $5,256,327 funded from the HOME
Investment Partnerships Program — American Rescue Plan ("HOME —ARP")
funds held by the City of Santa Ana for the Project ("HOME -ARP Loan");
- A loan in the maximum amount of $484,000 from the Inclusionary Housing
Fund held by the City for the Project ("Inclusionary Loan") to be used for
relocation purposes only if necessary;
- Twenty -Five (25) U.S. Department of Housing and Urban Development
Project -Based Vouchers ("PBV") from the Housing Authority of the City of
Santa Ana.
This letter shall evidence the City's pre -commitment of the City Assistance to the
Developer for the Project subject to the conditions described below.
City Assistance:
The amount of the proposed City Assistance has been determined based upon the City's
review of the Developer's request for the receipt of the City Assistance and the
development proforma and projected cash flows for the Project submitted by the
Developer to the City ("Proforma"). The City Manager has authority to approve revised
development proformas and projected cash flows for the Project; provided, however, that
the City Assistance is not increased or extended.
The City Assistance shall include the following loan terms:
• The HOME -ARP Loan shall be for a maximum principal amount of $5,256,327, or
as much thereof as is disbursed for hard and soft costs in constructing the Project,
provided from the HOME Investment Partnerships Program — American Rescue
Plan fund:
A portion of the $5,256,327 will be in the form of capital funds, repayable
from residual receipts.
The remaining portion of the $5,256,327 will be in the form of capitalized
operating subsidy reserve.
The exact amounts may be determined at construction closing.
3% simple interest per annum.
Repayment from 50% of Residual Receipts (pro-rata with payments due in
connection with other financing provided by other public agencies) (after payment
of operating expenses, including social services expenses and monitoring fees,
debt service, any deferred developer fee, and partnership fees to be described in
the Agreement), with the remaining 50% to be disbursed to the Developer.
Page 13
o Any repayments to the soft loans must be based on the pro rata share of all
the soft loan balances (the same as the residual receipts splits).
Remaining principal and accrued interest due upon the 55th anniversary of the
issuance of Certificate of Occupancy or earlier upon sale, refinancing or an
uncured default. On that date, the City agrees to review the performance of the
Property and consider in good faith any reasonable request by Developer to modify
the terms or extend the term of the City Promissory Note. Additionally, the City will
receive 50% of the net proceeds received from any sale or refinancing of the
Project in order to repay any outstanding principal or interest due on the City
Promissory Note, after payment of outstanding conventional debt, payment in full
of any deferred developer fee, payment for any necessary repairs, and
establishment of any reserves and transaction costs.
Cost savings from the Project, if any, will be applied first to pay down the City
Assistance, subject to compliance with the Tax Credit Allocation Committee
("TCAC") Regulations and California Health and Safety Code, as applicable.
After all other funding sources have been secured through enforceable funding
commitments, a HOME Subsidy Layering Review is required in order to confirm
the eligible amount of HOME -ARP funds committed to the Project.
• An environmental review in compliance with the National Environmental Policy Act
is required prior to entering into a Loan Agreement for the HOME -ARP funds
committed to the Project.
The HOME -ARP Loan shall also require specific HOME -ARP designated units in the
Project. The City's preliminary HOME -ARP Cost Allocation Analysis suggests that
approximately nine (9) units in the Project will be designated as HOME -ARP assisted -
units.
The Inclusionary Loan shall have the same terms above and be for a maximum principal
amount of $484,000, or as much thereof as is disbursed for relocation benefits for current
WISEPIace residents in the event the residents are not matched with an alternative
housing or shelter option prior to the start of construction and would need to vacate the
site, provided from the Inclusionary Housing Fund. If relocation assistance is to be
provided to the site occupants per the same requirements as the Uniform Relocation Act
("URA") or California Relocation Regulations, the Owner will also contribute an equal
amount, dollar for dollar, in matching funds to the Inclusionary Loan. For example, if the
twenty (20) current WISEPIace residents are provided relocation assistance as calculated
per the requirements of the URA and California State Relocation Regulations, the
estimated total for relocation payments will be $968,000, to be paid equally by the
Inclusionary Loan and the Owner. The Owner will work with staff to relocate their 20
WISEPIace residents prior to the start of construction of the project. The Inclusionary
Loan is for relocation purposes only, so if the Owner is able to relocate residents prior to
the start of construction of the project, then the Inclusionary Loan funds shall be
Page 14
proportionately reduced, or will not be required at all if all residents are relocated prior to
the commencement of the project.
Project -Based Vouchers:
The basic terms of the award are as follows:
• Funding Source: The twenty-five (25) PBVs will be funded exclusively out of the
tenant -based voucher program annual budget authority received by the Housing
Authority from the U.S. Department of Housing and Urban Development (HUD).
• Rents: The PBV Housing Assistance Payments (HAP) Contract rents below are
preliminary and contingent upon a reasonable rent determination to be conducted by
the Housing Authority at the time of execution of the HAP Contract:
o Studio: $1,682
In accordance with HUD regulations and SAHA's Administrative Plan, these rents
are subject to review prior to the execution of a HAP contract.
• Annual Amount: The Project will receive PBVs for twenty-five (25) units:
Unit Size
30% AMI
No. Units
Proposed Rent
Studio
25
$1,682
The estimated maximum annual amount received under this award is $560,100.
These estimates assume 100% occupancy of the units over the twelve-month period
with contract rent amounts limited to the current applicable Santa Ana Housing
Authority Payment Standard.
Term: The HAP Contract will have a term of twenty (20) years. Any time before the
expiration of the HAP Contract, the Developer may request an additional twenty (20)
years, subject to a determination by the Housing Authority that it is appropriate to
continue providing permanent supportive housing for chronically homeless
individuals or to expand housing opportunities and HUD funding. Subsequent
extensions are subject to the same requirements.
• Units Receiving Assistance: The maximum number of units receiving PBV
assistance will be twenty-five (25).
• Local Preference:
o All individuals and families shall be chronically homeless individuals with,
subject to compliance with applicable fair housing laws, a preference for
Page 15
local residents from the City of Santa Ana based on the City's local
residency screening criteria.
o An absolute preference shall be for current WISEPIace residents who are
unable to be relocated prior to the start of construction and who qualify for
relocation assistance paid for by the Inclusionary Loan and the Owner
until the completion of the project. The "absolute" nature of this
preference means that these current WISEPIace shelter residents will be
selected if determined eligible for occupancy at the project before any
other applicants are to be determined eligible.
CDBG Loan Forgiveness:
In 1996, the City provided the Owner a $900,000 loan of Community Development Block
Grant ("CDBG") funds ("CDBG Loan") to finance the rehabilitation of the site for the
purposes of providing permanent affordable rental housing. The CDBG Loan was
structured with a 55-year term and a 1 % simple interest rate. The loan repayments were
to be made from 50% of the project's residual receipts.
In 2001, the City amended the terms of the CDBG Loan. At that time, the outstanding
principal balance of the loan was set at $916,265, which consisted of two components:
(1) a $250,000 component, and (2) a $666,616 component. The amended promissory
note set the loan term at 55 years — starting in 2002 and ending in 2056.
The current outstanding CDBG Loan balance is currently $723,446.41. Per the terms of
the amended promissory note, the Owner is required to continue paying annual interest
only payments until the end of the loan term in 2056. The entire balance of the CDBG
Loan ($723,446.41 plus interest) will become due and payable at that time. Following the
fulfillment of the conditions provided herein, the entirety of the CDBG Loan will be forgiven
by the City, including any interest that may have accrued since the date of this letter.
General Provisions:
The City's obligation to provide the City Assistance and CDBG Loan Forgiveness to the
Project is subject to each of the following conditions:
Developer must provide proof that it has secured all of its remaining financing for
the development of the Project in the form of enforceable funding commitments,
which may include 9% or 4% Federal Low Income Housing Tax Credits, State
Housing Tax Credits, a commitment of affordable housing funds from the County
of Orange or State of California, Section 8 project -based vouchers from the Orange
County Housing Authority, or any other funding source needed in the Project's
capital stack to develop the Project before staff will return to the City Council for
consideration of the HOME -ARP Loan Agreement and Inclusionary Loan
Agreement.
Page 16
• 100% of the affordable units (less one (1) manager's unit) in the Project will be
restricted to extremely low-income, chronically homeless households at 30% of the
Area Median Income.
• The Project consists of forty-seven (47) permanent supportive housing units for
chronically homeless individuals and families. All individuals and families shall
be referred from the Orange County Coordinated Entry System except for those
current WISEPlace residents who qualify for an absolute preference.
• The rent standards for the Project must comply with the strictest of the standards
imposed by TCAC and the HOME Program regulations, or other funding sources
contributed to the Project, as applicable and with respect to the units assisted by
each applicable funding source.
• All provided funding and Project requirements shall conform to the City's most
recently adopted Affordable Housing Funds Policies and Procedures, unless
alternative requirements are expressly provided in the executed Loan Agreements
for the City Assistance or any other documents related to the development of the
Project.
• Approval of all required entitlements and discretionary actions, to allow the
adaptive reuse and construction (as applicable) of a forty-eight (48) unit affordable
housing complex, with forty-seven (47) units restricted for chronically homeless
individuals, to be located at 1411 N. Broadway, Santa Ana, CA 92706 (APN 398-
523-04).
• The City's obligation to provide the City Assistance and CDBG Loan Forgiveness
is and shall remain subject to all covenants, conditions, and restrictions set forth in
the Loan Agreements, and in particular the City's analysis of the available funding
sources and development and operating costs of the Project and the overall
economic feasibility of the Project.
• Review and approval of the Loan documents evidencing the City Assistance by
the City Council including the Loan Agreement(s), Promissory Note(s),
Affordability Restrictions and Deed(s) of Trust.
• Developer must provide proof that it has received and reviewed three general
contractor bids, and that all subcontractors are competitively bid out. Specifically, the
Developer must obtain three general contractor bids; all subcontractors must be
competitively bid out; and the City must review and approve the final general
contractor's contract.
• . Execution of HAP Contracts and all necessary documents for the PBV's.
Compliance with applicable federal regulations set forth in 24 Code of Federal
Regulations (CFR) Part 570 and 24 CFR Part 983, applicable HOME -ARP
requirements, and all other federal, state, and local laws and regulations.
Page 17
Developer, at its sole cost and expense, will be responsible for securing any and all
permits and discretionary approvals that may be required for the Project by the City or
any other federal, state, or local governmental entity having jurisdiction over the Property
or Project. Notably, this pre -commitment letter shall not obligate the City or any
department thereof to approve any application or request for or take any other action in
connection with any planning approval, permit or other action necessary for the
construction, rehabilitation, installation or operation of the Project.
This pre -commitment letter for the Project will expire on June 21, 2024.
If you have any questions or require any additional information regarding this pre -
commitment letter, please contact Judson Brown, Housing Division Manager, by
telephone at (714) 667-2241 or by e-mail at ibrown(a)santa-ana.org.
Sincerely,
On behalf of the City of Santa Ana:
Kristine Ridge
City Manager
Attest:
aisy Gomez
Clerk of the Council / Recording Secretary
APPROVED AS TO FORM
Sonia R. Carvalho
Authority General Counsel
Q41t__
By: Ry O. odge
Assistan City Attorney
On behalf of the Housing Authority of
the City of Santa Ana:
Steven A. Mendoza
Executive Director