HomeMy WebLinkAboutMercy House Community Housing Development OrganizationMAYOR
Miguel A. Pulido
MAYOR PRO TEM
Juan Villages
COUNCILMEMBER:
Phil Bacerra
Cecilia Iglesias
David Penaloza
Vicente Sarmiento
Jose Solodo
INSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
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CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza - M25 . P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org
(714)657-5360
April 7, 2020
Kyle Paine
Community -Development Partners
3416 Via Oporto, Suite 301
Newport Beach, CA 92663
Larry Haynes
Executive Director
Mercy House Living Centers
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CLERK OF THE COUNCIL
Daisy Gomez
Re: Westview House
2530 and 2534 Westminster Avenue, Santa Ana, CA 92701
Pre -Commitment Letter for Inclusionary Housing Funds Loan, HOME Loan, HOME
CHDO Loan, and Rental Rehabilitation Program Loan
Dear Messrs. Paine and Haynes:
Community Development Partners ("CDP"), in partnership with Mercy House Community
Housing Development Organization ("Mercy House CHDO'r) (collectively referred to as
the "Developer''), requested financial assistance in connection with the proposed
development of an eighty-five (85) unit affordable housing complex, with eighty-four (84)
units restricted to extremely -low income and very -low income households, to be located
at 2530 and 2534 Westminster Avenue, Santa Ana, CA 92701 (APNs 198-132-21 and
198-132-23) ('`Project").
The Project site is located along Westminster Avenue, near North Fairview Street. The
Project site is on two (2) contiguous undeveloped parcels and is currently zoned for
general commercial. The Project will require a zone change and amendment to the
current land -use, among other potential discretionary actions to be determined by the
City's Planning and Building Agency.
The City of Santa Ana ("City'') has reviewed the Developer's request for assistance, and
at the City Council meeting on April 7, 2020, the City Council authorized and approved
SANTA ANA CITY COUNCIL
Miguel A. Pulido Juan Villages Vicente sarniento David Penaloza Jose Solana Phil Bacerra Cecilia Iglesias
Mayor Mayor Pm Tem. Ward 5 Ward 1 Ward! 2 Ward 3 Ward 4 Wald 6
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Page 12
issuance of this pre -commitment letter evidencing the preliminary award of $3,904,341 in
affordable housing funds consisting of (collectively, the "City Assistance"):
- A loan in the maximum amount of $1,514,113 from the Inclusionary Housing
Fund held by the City for the Project ("Inclusionary Loan");
- A loan in the maximum amount of $1,412,643 from the HOME Investment
Partnerships Program ("HOME") funds held by the City for the Project ("HOME
Loan");
- A loan in the maximum amount of $591,062 from the HOME Community
Housing Development Organization ("CHDO") funds held by the City for the
Project ("HOME CHDO Loan"); and,
- A loan in the maximum amount of $386,523 from the Rental Rehabilitation
Program held by the City for the Project ("RRP Loan").
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 Inclusionary Loan shall be for a maximum principal amount of $1,514,113, or
as much thereof as is disbursed for hard and soft costs in constructing the Project,
provided from the Inclusionary Housing Fund.
• The HOME Loan and HOME CHDO Loan shall be for a maximum principal amount
of $2,003,705, or as much thereof as is disbursed for hard and soft costs in
constructing the Project, provided from HOME funds.
• The RRP Loan shall be for a maximum principal amount of $386,523, or as much
thereof as is disbursed for hard and soft costs in constructing the Project, provided
from RRP funds.
• 3% simple interest per annum.
Page 13
• 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.
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). The
Developer will request a different term for their Rising Tide Loan to match
the other terms of their soft debt.
• Remaining principal and accrued interest due upon the 55th anniversary of the
issuance of Certificate of Occupancy or earlier upon sale, refinancing or 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 Notes. 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
Notes, after payment of outstanding conventional debt and payment in full of any
deferred developer fee 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 amount of HOME 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 funds committed
to the Project.
The HOME Loan shall also require specific HOME designated units in the Project. Based
on a preliminary HOME Cost Allocation Analysis, the City must designate at least nine (9)
units in the Project as HOME assisted -units per the following preliminary unit mix:
• Three (3) one -bedroom units;
• One (1) two -bedroom unit;
• Three (3) three -bedroom units; and,
• Two (2) four -bedroom units.
As least 20% of the HOME designated units must be designated as Low HOME units,
This equates to two (2) Low HOME units based on a nine (9) unit HOME requirement.
One (1) of the one -bedroom units and one (1) of the four -bedroom units will be designated
as the Low HOME units. The remainder of the HOME designated units can be restricted
Page 14
as High HOME units. This is subject to change based upon a final HOME Cost Allocation
Analysis to be completed after the HOME Subsidy Layering Review has been performed.
General Provisions:
The City's obligation to provide the City Assistance 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 or Santa Ana Housing Authority, or any other funding source needed in the
Project's capital stack to develop the Project and close on the financing, before
staff will return to the City Council for consideration of the Loan Agreements for the
City Assistance.
• At least 75% of the affordable units (less one (1) managers unit) in the Project will
be restricted to extremely low-income households at 30% of the Area Median
Income.
• The Project consists of twenty-six (26) permanent supportive housing units for
chronically homeless individuals and families. All individuals and families shall
be referred from the Orange County Coordinated Entry System, and preference
should be given to residents of the City of Santa Ana based upon:
o Proof of strong ties to the community, to include current residency of an
immediate family member — mother, father, sibling, or grandparent in the
City of Santa Ana;
o Proof that the individual attended a K-12 school in Santa Ana;
o Proof that the individual resided on property zoned for residential use in
Santa Ana and the individual was on the lease and/or paid utilities
necessary for legal use of the property for residential purposes; or
o Knowledge — either first-hand or recorded — by the Santa Ana Police
Department that the individual has been a member of the Santa Ana
homeless community.
• 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.
• 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.
Page 15
• Approval of all required entitlements and discretionary actions, to allow the
construction of an 85-unit affordable housing complex to be located at 2530 and
2534 Westminster Avenue, Santa Ana, CA 92706, (APNs 198-132-21 and 198-
132-23).
• The City's obligation to provide the City Assistance 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.
• $400,000 of the City's financial assistance will be set -aside as a City -controlled
contingency allowance. The City must approve any disbursements from this
contingency allowance. Any funds remaining in the contingency allowance at the
end of construction must be utilized for a surrounding community benefit at the
City's sole discretion, within the guidelines for allowable uses pursuant to the
funding source.
• $100,000 of the $2.5 million Developer Fee will be contributed to a surrounding
community benefit, within the guidelines for allowable uses pursuant to the funding
source. Any additional contribution will be allocated from the remainder of the City -
controlled contingency allowance.
• The City is requiring that any amount of the Developer Fee above $2.5 million to
be contributed as Developer Equity. This amount is currently estimated at $1.43
million, or 36% of the total Developer Fee. The Developer Equity should have the
following terms:
o The Developer Equity will not be secured by a promissory note;
o The Developer Equity may only be repaid from the Developer's share of the
Project's residual receipts; and
o Any portion of the Developer Equity that is not repaid from the Developer's
share of the Project's residual receipts may only be repaid upon sale or
transfer of the property after the City Loans are repaid in full.
• Given that HUD severely limits the restructuring that can occur during the HOME
affordability period (e.g. refinancing), the Developer's senior permanent loan term
should be at least 20 years. The Developer will request a longer term permanent
loan from their senior lender.
• Compliance with California Health and Safety Code and applicable regulations set
forth in Section 34176.
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 or claiming 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 April 7, 2022.
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 (brown@santa-ana.org.
Sincerely,
On behalf of the City of Santa Ana:
Kristine Ridge
City Manager
Attest:
;#isy Gomez
Ierk of the Council
RECOMMENDED FOR APPROVAL:
-
Steven A. Mendoza
Executive Director
Community Development Agency