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SR-6H (28) Cd71frac{ ~i:~72 CC5 F \HOUSING\SHARE\WPFILES\DEVPROJS\NEWHOPE\NHSITS14 RPT Council Meetmg Apnl 29, 1997 Santa MOnica, GonlH API 29 1997 To Mayor and City Council From City Staff SubJect Authorization to Negotiate and Execute an Agreement with the U S Department of Housing and Urban Development to Complete ProJect New Hope Financing INTRODUCTION ThiS report recommends that City Council authorize the CIty Manager to negotiate and execute a subordination agreement with the US Department of Housing and Urban Development (HUD) to complete the financing for Project New Hope BACKGROUND In October 1993, Project New Hope received a HUD Section 811 fund reservation of $24 million for a proposed new construction, 25 Unit, rental housing proJect for disabled persons The proposed proJect Will provide permanent housing for the very low-Income phYSically disabled, with supportive services for persons with HIV/AIDS On July 12, 1994 the City Councrl authonzed the City Manager to negotiate and enter Into an option agreement for a long-term ground lease with Project New Hope at 1642 Ocean Avenue, a City-owned site On March 15, 1995 Project New Hope entered Into an Option to Lease Agreement with the CIty for the sIte ..- 6H -1- APR 29197 - - - Since the signing of the Option to Lease Agreement, Project New Hope has fulfilled all of the obligations per the terms of the option agreement, . obtaining clear title to the property . zOning and land use approvals, and . securing all necessary financing DISCUSSION As a matter of POliCY, HUD prefers sponsors of 811 projects to own the land However, In this Instance, the City chose to retain title HUD has agreed to accept the long-term ground lease as security Under Its Section 811 program, HUD requires language In the City Ground Lease and In a subordmatlon agreement which give HUD the option to obtain fee title to the project and the land In the event of a material default by Project New Hope A material default IS unlikely, partIcularly for financIal reasons, since thIs IS a grant program Areas of potentIal matenal default would Include gross mismanagement of the project, rentmg of apartments to Ineligible households, and project abandonment or sale Without prior HUD approval The City Ground Lease and the subordmatlon agreement between the City and HUD Will provide for the City to cure any matenal default pnor to the commencement of foreclosure proceedings by HUD -2- - FINANCIAL/BUDGETARY IMPACTS The recommendations contained In this staff report have no budget or frnanclallmpacts RECOMMENDA liONS Staff recommends that the City Council authOrize the City Manager to negotiate and execute a subordmatlon agreement With HUD and an amended City Ground Lease which contain an option by HUD to obtain fee title to the land that Includes a condition that allows the City to cure any material default by Project New Hope prior to the commencement of foreclosure proceedings by HUD Prepared by Jeff Mathieu, Director of Resource Management Robert Moncrief, Housing Manager Johanna Gullick Housing Coordinator Mike Strader, Senior Development Analyst -3-