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Res H-23-01RESOLUTION NO. H-23-01 A RESOLUTION OF THE POWAY HOUSING AUTHORITY APPROVING THE SUBMISSION OF APPLICATIONS FOR THE RESYNDICATION OF LOW-INCOME HOUSING TAX CREDITS AND TAX-EXEMPT BONDS FOR HALEY RANCH ESTATES, HILLSIDE VILLAGE, AND PARKVIEW TERRACE AFFORDABLE HOUSING COMMUNITIES WHEREAS, the Poway Housing Authority ("Authority") is a public body, corporate and politic, organized and existing under the Housing Authorities Law (Health & Safety Code § 34200 et seq.); WHEREAS, a fundamental purpose of the Housing Authorities Law is to expand the supply of low- and moderate -income housing (Health & Safety Code, § 33071); WHEREAS, Community HousingWorks, a nonprofit affordable housing developer, is the owner, through its affiliates, of three affordable housing communities in the City of Poway: Haley Ranch Estates, Hillside Village, and Parkview Terrace (collectively, the "Communities"); WHEREAS, the Authority provided a portion of the funding for the construction of the Communities; WHEREAS, Community HousingWorks has requested the Authority to support its reinvestment in the Communities by obtaining a new reservation of low-income housing tax credits and a new allocation of tax-exempt bonds to fund a portion of the rehabilitation of the Communities to enhance the viability of the Communities and quality of life for the residents; WHEREAS, Community HousingWorks has further requested the Authority's consideration for assigning, modifying, and extending the Authority's existing financial support and Regulatory Agreements as described in the staff report; and WHEREAS, the Authority has the power and authority to approve the transactions described below and no further action by the Poway Housing Authority Board shall be necessary to implement the transactions contemplated herein. NOW, THEREFORE, BE IT RESOLVED that the Poway Housing Authority is making the following findings in authorizing the submission of applications of low-income housing tax credits and tax-exempt bonds on behalf of the Communities, as follows: SECTION 1: Community HousingWorks is authorized to submit applications to apply for a new reservation of low-income housing tax credits and a new allocation of tax-exempt bonds to the California Tax Credit Allocation Committee and California Debt Limit Allocation Committee for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace. SECTION 2: The Executive Director is authorized to execute all necessary documents relating to the application and implementation of low-income housing tax credit resyndication for the affordable communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace. SECTION 3: The Executive Director is authorized to execute all necessary documents relating to the support of Community HousingWorks ` applications for tax-exempt bond and low- Resolution No. H-23-01 Page 2 income housing tax credits for the communities of Haley Ranch Estates, Hillside Village, and Parkview Terrace, including, providing any needed commitment letters consistent with this resolution, review and approval of temporary relocation plans for community residents, and California Tax Credit Allocation Committee local reviewing agency packages. SECTION 4: The Executive Director is authorized to (i) transfer and assign the Ground Lease and Regulatory Agreement dated September 26, 2000 by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Haley Ranch Estates Housing Associates, L.P., to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, (ii) amend the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. SECTION 5: The Executive Director is authorized to (i) transfer and assign the Ground Lease for Hillside Village, dated June 8, 2001, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Community Housing of North County, to a new low-income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) ament the Ground to extend the initial term thereof for a new 55-year term. SECTION 6: The Executive Director is authorized to (i) transfer and assign the Regulatory Agreement for Hillside Village, dated February 5, 2002, by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Breihan Housing Associates, L.P., and Community Housing of North County, to a new low-income housing tax credit partnership, yet to be formed, and (ii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. SECTION 7: The Executive Director is authorized to (i) transfer and assign the Loan Agreement for Hillside Village by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, and Breihan Housing Associates, L.P., to a new low-income housing tax credit partnership, yet to be formed, and, (ii) amend the Loan Agreement and Promissory Note to restate the loan amount thereunder to include the full principal amount of the Loan and all accrued interest through the date of finance closing, modify the interest rate on the Loan to the Applicable Federal Rate compounding in effect as of the date of finance closing, and extend the term of the Loan for a new 55-year term. SECTION 8: The Executive Director is authorized to (i) transfer and assign the Ground Lease and Regulatory Agreement for Parkview Terrace, dated August 29, 1997 by and between the Poway Housing Authority, as housing successor to the former Poway Redevelopment Agency, Community Housing of North County, and Bowron Road Group, L.P., to a new low- income housing tax credit partnership controlled by Community HousingWorks, yet to be formed, and (ii) amend the Ground Lease to extend the initial term thereof for a new 55-year term, and (iii) amend the Regulatory Agreement to reaffirm the term thereof as in perpetuity. H H H Resolution No. H-23-01 Page 3 PASSED, APPROVED AND ADOPTED by the Poway Housing Authority of the City of Poway, California, at a regular meeting this 5th day of December, 2023 by the following vote, to wit: AYES: EDMONDSON, PEPIN, FRANK, VAUS NOES: NONE ABSTAINED: NONE ABSENT: DE HOFF DISQUALIFIED: NONE --Sfeve Vaus, Authority Chair Poway Housing Authority ATTEST: Mpffiwww.%/.�/!L