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HomeMy Public PortalAbout13. Resolution RA-2009-01IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF AN ACCELERATED COOPERATION AND REPAYMENT AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE FOR ALOANOFRESIDENTIALDEVELOPMENTLOANPROGRAMRDLPFUNDSTOBEUSEDBYTHEREDEVELOPMENTAGENCYTO REFINANCE A PORTION OF THE EXISTING LOAN FOR THE LIVERMORE VILLAGE PROJECT FROM THE CITY TO THE REDEVELOPMENT AGENCY DATED AUGUST 4 2008 On May 13 2005 the City loaned Livermore Village I LLC Developer of Livermore Village Developer 8000000 as a bridge loan for acquisition of the property located at 20092111 Railroad Avenue Livermore APN 098028901208PropertyOnMay122008theDeveloperagreedtosellitsinterestinthePropertyto the City for 10100000 The City purchased the Property which was fully entitled for development as a key redevelopment mixed use project meeting the goals of the Downtown Specific Plan and as entitled would provide that at least 10 of the housingunitscreatedwillbeaffordabletolowerincomehouseholdsAsofMay122008the Citys Affordable Housing funds in the project totaled 12437874 including principalandinterestaccruedunderthePromissoryNotebetweenDeveloperandCity Pursuant to Health and Safety Code 33220 on August 4 2008 the CitytransferredtitletoLivermoreVillagePropertytotheRedevelopmentAgencyoftheCityofLivermoreAgencyandRedevelopmentAgencyagreedtoandexecuteda Cooperation and Repayment agreement to reimburse the City the costs of the Propertys acquisition in an effort to revitalize this area of the downtown and in an effort to provide for more affordable housing in the downtown In the August 4 2008 agreement the Redevelopment Agency agreed to reimburse to the City the cost of the property which amount was 10969743 includingprincipalintheamountof10100000andinterestintheamountof869743Since August 4 2008 the Agencys loan obligation has accrued an additional 60047 in interest resulting in a total obligation as of January 12 2009 of 11029790 It is now desirable for the Agency to refinance the Cooperation and Repayment Agreement executed August 4 2008 using RDLP funds To that end the City desires to loan and the Redevelopment Agency desires to accept up to 5000000 in RDLP funds which the Agency will then use to satisfy a portion of the principal and accrued interest of the obligation stated in the August 4 2008 Cooperation and Repayment Agreement As a condition of accepting the loan of RDLP funds the Redevelopment AgencyisrequiredtoexecuteaNoticeofAffordabilityRestrictiononTransferofPropertyand RESOLUTION NO RA200901 Declaration of Covenants and Restrictions requiring the development of the Property to provide 28 units of ownership housing affordable to lowincome households and 56 units of ownership housing affordable to moderateincome households for a minimum of ten years NOW THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director is authorized on behalf of the Redevelopment Agency to enter into an Accelerated Cooperation and Repayment Agreement with the City of Livermore for a loan to the Redevelopment Agency of up to 5000000 in RDLP funds to refinance a portion of the 10100000 loan from the CitytotheAgencyonAugust42008forsiteacquisitionandpredevelopmentexpenses associated with the Livermore Village project BE IT FUTHER RESOLVED that the Executive Director is authorized to sign the Notice of Affordability Restriction on Transfer of Property and Declaration of Covenants and Restrictions on behalf of the Redevelopment Agency to obligate the developmentoftheProjectoranyotherprojectdevelopedonthePropertytoprovideatleast28 units of ownership housing affordable to lowincome households and 56 units of ownership housing affordable to moderateincome households BE IT FURTHER RESOLVED that the Executive Director is authorized to sign all documents as may be necessary to assist the Redevelopment Agency of the City of Livermore purchase the property at 20092111 Railroad Avenue On the motion of Vice Chair Marchand seconded by Agencymember Horner the foregoing resolution was passed and adopted on the 12th day of January 2009 by the following vote AYES Agencymembers Horner Leider Williams Vice Chair Marchand Chairperson Kamena NOES None ABSENT None ABSTAIN None ATTEST JGzrbl INTERIM AGENCY SECRETARY SUSAN GIBBS DATE January 13 2009 APPROVED AS TO FORM ASSISTANT GENERAL COUNSEL JASON ALCALA 2 RESOLUTION NO RA200901