Loading...
HomeMy Public PortalAbout2013.157 (12-17-13) RESOLUTION NO. 2013.157 .A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AND THE LYNWOOD HOUSING AUTHORITY APPROVING A SECOND AMENDMENT TO THE AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND AMCAL PARK PLACE FUND, L.P. PROVIDING CONSENT TO AMCAL TO • PROCEED WITH HUD/FHA PERMANENT MORTGAGE AND CONSENTING TO A HUD SUBORDINATION AGREEMENT AND AMENDMENT TO RESTRICTIVE. • COVENANTS AS PART OF THE COMPLETED AFFORDABLE RENTAL HOUSING UNITS AT ATLANTIC AVENUE AND CARLIN AVENUE WHEREAS, in accordance with the California Community Redevelopment Law Health & Safety Code § 33000, et seq., the City Council of the City of Lynwood adopted the Redevelopment Plan for the Redevelopment Project Area "A" in the City of Lynwood on July 10, 1973, as established by Ordinance No. 945 of the City Council, and as amended from time to time; and WHEREAS, on March 16, 2010, to effectuate the Redevelopment Plan, the Agency approved a Disposition and Development Agreement ("DDA") with AMCAL Park Place Fund, LP ("Developer ") for the disposition of approximately 4.26 acres of land owned by the Agency at the northeast corner of Atlantic Avenue and Carlin Avenue, as more specifically described in the DDA ("Site"), from Agency to Developer to allow Developer to construct a ninety-nine unit affordable housing project with ninety-eight apartments to be restricted to rent to very low- and low-income households for a period of 55 years; and WHEREAS, on May 18, 2010, the City Council approved a HOME Funds Reservation and Commitment Agreement for the use of $191,711 of HOME Investment Partnership Program funds ("HOME Funds") received from the United States Department of Housing and Urban Development ("HUD") to be used to supplement the funding for the Project pursuant to an Amended and Restated DDA and toward the development of an assisted income rental unit in the Project in accordance with HUD rules for the use of HOME Investment Partnership Program funds ("HOME Funds"); WHEREAS, On July 1, 2010, pursuant to an Amended and. Restated DDA, the City Council approved a HOME Funds Reservation and Commitment Agreement for the use of $191,711 of HOME Funds received from HUD to be used to supplement the funding for the Project in accordance with HUD rules; and WHEREAS, on March 15, 2011, the Agency Board and City Council conducted and concluded a duly noticed joint public hearing pursuant to Section 33433 of the CRL considering the First Amendment to the Amended and Restated DDA to address additional changes to financial terms of the DDA; and WHEREAS, although initially acquired by the Agency using the former Low and Moderate Income Housing Fund ("LMIHF"), after approval of the DDA for development of the project, a California State Supreme Court ruling on the constitutional validity of two 2011 legislative budget trailer bills, ABX1 26 (Chapter 5', Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of.2011), resulted in the outright elimination of all 425 redevelopment agencies in the State of California; WHEREAS, the dissolution procedures under ABX1 26 include a process'for'the disposition and/or transfer of assets, including .`property holdings of former redevelopment agencies. Subsequent legislation, AB 1484 (Chapter 26, Statutes,of 2012), which was passed, signed, and enacted on June 28, 2012,made significant changes to the provisions of ABX1 26, including the process for asset management/disposition/transfers; WHEREAS, under AB 1484, the DDA and related agreements; assets and rights are considered a "housing asset" and, as such, on February 1, 2012 (the effective,date of the Agency's dissolution), the DDA and related agreements, assets and rights, by operation of law, were effectively transferred to the Authority, as approved by the State Department of Finance ("DOF") is in concurrence. , As such, the ,Lynwood Housing; Authority ("Authority") is the contract party for the disposition and development of the Site, which include the Agency Parcels; WHEREAS, Developer has now indicated that it experienced some unexpected and sizable cost overruns during construction, which were attributed to a combination of factors including unanticipated site work expenses and an environment of.-increasing; construction costs industry-wide, but Developer nevertheless remained on schedule and ' deferred its general contractor fees in an amount equal to approximately $1.O million, and covered approximately $1.5 million; WHEREAS, to resolve the cost overruns, Developer identified a loan-program through the HUD 223(f) program as an alternate source of permanent financing that will restore the financial health of the project, which, is sized using generous underwriting terms including a 35 year amortization schedule, 85% Loan to Value, and approximately 5.00% interest rate ("New Loan"); WHEREAS, on December 17th, 2013 the Authority Board and City Council'. conducted and concluded a duly,noticed joint public hearing concerning the Second Amendment to the First Amended and Restated DDA in accordance.with applicable law to allow for the approval of the New Loan; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD AND LHA BOARD DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are all true and correct and are hereby adopted as findings. Section 2. That a Mitigated Negative Declaration analyzing the potential impacts of the development of the project contemplated in the DDA meeting all of the requirements of the California Environmental Quality Act was ("CEQA") adopted and approved by the Lynwood Planning Commission on February 9, 2010 and there is no potential for any environmental impact as a result of the approval of the subordination agreements hereunder and thus do not require further CEQA analysis. Section 3. The Housing Authority Board of Directors and the City Council hereby approve the Second Amendment to the Amended and Restated DDA and the instruments referenced therein, a copy of which are on file in the office of the pity Clerk. The Second Amendment to the Amended and Restated DDA authorizes Developer to proceed with HUD/FHA permanent mortgage, as further described in such Second Amendment, and the related subordination agreement and amendments to restrictive covenants as part of the completed affordable rental housing units at Atlantic and Carlin Avenue. Section 4. The Authority Chair and Executive Director and Mayor and City Manager are authorized and directed to take such actions and execute such documents as may be necessary to implement and effect this Resolution and the Second Amendment to the Amended and Restated DDA on behalf of the Authority and City, including authorized to implement any non-substantive changes to same. Section 5. The Authority Secretary and City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED and ADOPTED this 17th day of December, 2013. Aide Castro, Mayor • ATTEST: LL lit_/i.A�� Maria Quinonez, City Clerk ' • APPROVED AS TO FORM: APPROVED AS TO CONTENT: xtyLL Fred G\alante, City Attorney S t` iC'E -Ieterim City Manager Sara ithers, Director Community Development • STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 17th day of December, 2013. " AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN-BEAS, SOLACHE HERNANDEZ AND CASTRO NOES: NONE ABSENT: NONE ABSTAIN: NONE • Maria Quinonez, City Clerk STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2013.157 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 17th day of December, 2013. . Maria Quinonez, City Clerk