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Res 10-008 RESOLUTION NO. 10-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA APPROVING SPECIFIED EXPENDITURES OF AGENCY LOW AND MODERATE INCOME HOUSING FUND MONIES AND CONSENTING TO THE EXECUTION OF NECESSARY DOCUMENTS IN CONNECTION WITH THE DEVELOPMENT OF BRIGHTON PLACE WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et se .; the "Redevelopment Law"), the City Council (the "City Council") of the City of Poway (the "City") has adopted, and the Poway Redevelopment Agency (the "Agency") is responsible for implementing the Amended and Restated Redevelopment Pian for the Paguay Redevelopment Project Area adopted by the City Council of the City of Poway by Ordinance No. 117 on January 12, 1984, as amended by Ordinance No. 414 on July 14, 1993, as amended by Ordinance No. 439 on January 13, 1995, as amended by Ordinance No. 593 on January 1, 2004, as amended by Ordinance No. 605 on September 16, 2004, as amended by Ordinance No. 611 on November 25, 2004, as amended by Ordinance No. 641 on August 17, 2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended from time to time, the "Redevelopment Plan"); and WHEREAS, to assist in implementing the Redevelopment Pian, the Agency on December 15, 2009 adopted a five-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the Redevelopment Law; and WHEREAS, in furtherance of the Paguay Redevelopment Plan, the Implementation Plan, and the Poway General Plan, the Agency desires to cause development of approximately seventy-seven (77) units of affordable multifamily rental housing and all related landscaping and amenities (the "DevelopmenY'), on the approximately 4-acres of land located east of Midland Road between Edgemoor Street and Adrian Street, Assessor's Parcel Numbers: 314-220-69 and 314-220-70, within the Paguay Redevelopment Project Area (the "Property"); and WHEREAS, pursuant to an extensive developer selection process, the Agency selected Brighton Place, L.P., (the "Developer") to construct the Development. In accordance with Sections 33431 of the Redevelopment Law, the Agency entered into that certain Disposition and Development Agreement dated as of March 3, 2009 (the "DDA") with the Developer, pursuant to which, amo�g other matters: 1. The Agency agreed to lease the Property to the Developer pursuant to the terms, covenants, and conditions of the DDA; 2. The Agency agreed to loan up to Four Million Three Hundred Eighty-One Thousand Dollars ($4,381,000) of Low and Moderate Income Housing Fund monies (the "Agency Loan") to be applied toward payment of eligible costs for the Development to filf the financial feasibility gap between the reasonably anticipated costs of the Development and the reasonably available private sector debt and equity revenues to pay such costs; Resolution No. 10-008 Page 2 3. The DQA requires the Agency Loan to be reduced by any additional leverage, funds that may be secured by the Developer, including but not limited to assistance from the Federal Home Loan Bank Affordable Housing Program Funding and Low Income Housing Tax Credits; and WHEREAS, the Agency and the Developer subsequently entered into that certain Predevelopment Loan Agreement dated as of June 16, 2009 (the "Predevelopment Loan AgreemenY') under which the Agency agreed to provide up to Eight Hundred Thirty Two Thousand Dollars ($832,000) of Housing Special Program Fund assistance (the "Predevelopment Loan") to fund specified predevelopment activities associated with the Development. Under the terms of the Predevelopment Loan Agreement, if the Agency and the Developer execute a Ground Lease and close on the Agency Loan, the Predevelopment Loan Promissory Note associated with the Predevelopment Loan will be cancelled and any amounts disbursed under the Predevelopment Loan will be considered a first disbursement of the Agency Loan; and WHEREAS, the Developer has requested additional Agency assistance of up to One Million Dollars ($1,000,000) to assist the Developer in filling the feasibility gap for the Development; and WHEREAS, the Developer has secured an allocation of Seven Hundred Sixty Thousand Dollars ($760,000) of Federal Home Loan Bank Affordable Housing Program Funding to further assist the Developer in filling the feasibility gap for the Development; and WHEREAS, the Agency desires to assist the Developer ciose the feasibility gap by committing an additional amount of up to One Million Dollars ($1,000,000) for construction of the Development (the "Additional Agency Assistance") and by agreeing not to reduce the Agency Loan by any additional leverage funds that may be secured by the developer. The Additional Agency Assistance will consist of: 1. One Hundred and Sixty-Eight Thousand Doliars ($168,000) from the Agency s unappropriated Low and Moderate Income Mousing Fund; and 2. Committing Eight Hund�ed and Thirty-Two Thousand Dollars ($832,000) of the Predevelopment Loan funds to increase the principal amount of the Agency Loan; WHEREAS, the Agency and the City Council by Resolutions No. R-09-04 and Resolution No. 09-010 respectively, adopted on March 3, 2009, have made findings that the ground lease of the Property to the Developer for the construction and operation of the Development and the funding of the Predevelopment Loan and Agency Loan and construction of the Development will serve the purposes of the Redevelopment Law, the Redevelopment Plan, the Implementation Plan, and the City Generai Plan by eliminating blighting conditions and increasing the supply of affordable housing units in the Paguay Redevelopment Project Area; and WHEREAS, the City and the Agency have complied with the requirements of the California Environmental Quality Act and the applicable state and local implementing Resolution No. 10-008 Page 3 guidelines (collectively "CEQA") through the certification of a Negative Declaration (including an initial study) for the Development (the "Negative Declaration") certified by the City Councif on March 3, 2009, copies of which are on file with the City Clerk and the Agency Secretary; and WHEREAS, the provision by the Agency of the Additional Agency Assistance does not affect the lease price for the Property pursuant to the DDA and therefore no further reports, findings, or other actions are required under Health and Safety Code Section 33433; WHEREAS, the following additional materials (collectively, the "Supporting Documents") have been presented to and considered by the City Council in support of the findings and approvals set forth in this Resolution: (1) the staff report of February 16, 2010 accompanying this Resolution; (2) the DDA; (3) the Predevelopment Loan Agreement; and (5) the Certified Negative Declaration. The Supporting Documents are hereby incorporated by reference in this Resolution and, together with the above recitals (the "Recitals"), form the evidentiary basis and establish the analytical route for reaching the ultimate findings and conclusions contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway, that the foregoing Recitals are true and correct and have served, together with the Supporting Documenfs, as the basis for the approvals set forth below. BE IT FURTHER RESOLVED that the City Council approves the funding of the Additional Agency Assistance to assist the Developer close the feasibility gap for the Devetopment. BE IT FURTHER RESOLVED, that the City Council consents to issuance by the Agency Executive Director of a commitment letter to the Developer evidencing the Additional Agency Assistance. BE IT FURTHER RESOLVED, that the City Council consents to execution by the Agency Executive Director of an amendment to the Predevelopment Loan Agreement, and an amendment to the DDA, and any ancillary documents required to effectuate the purpose of this Resolution and to provide the Additional Agency Assistance. BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect from and after its passage. Resolution No. 10-008 Page 4 PASSED, ADOPTED AND APPROVED, by the Poway City Council at a regular meeting thereof this 16th day of February, 2010. � tsv�� . . Don Higginson, Mayor ATTEST: l�—����� nda . Troyan, MMC, Clerk Resolution No. 10-008 Page 5 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 10-008 was dully adopted by the City Council at a meeting of said Council on the 16th day of February 2010, and that it was so adopted by the following vote: AYES: BOYACK, CUNNINGHAM, KRUSE, HIGGINSON NOES: NONE ABSENT: REXFORD DISQUALIFIED: NONE A Troyan, MMC, Cler City oway