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SR-9A (7)RI~g.HR•JP-I:PM:merlp.sj Santa Man~ca, California Council Meeting: February 14, 1995 TO A2ayox and City Counci~ F~B ~~~~3 FROM. City St~ff ~E~ ~ ~ ~ STJBJECT: Request to Approve the Amended Guzdelines ar~.d Pracedures for the Multifamily Earthquaks Repair Loan ( 2~ERL ) Frogram Introductian This repor~ requests the Ckty Cauncil review and approve the proposed re~isions to the Program Guidelines ars.d Pracedures for the r~ult~family Earthquake Repair Loan (MERLy Program and adapt a budget for the $25,pd0,DQQ in F.rnergency Supplemental Community Developrnental Block Grant (CDBG} allo~ation. Backqround In response to the devastation caused by the Northridge Earthquake and ~he 1993 A~zdwest floads, the U.S. C~ngress enacted the Emergen~~T Stzppl~mental Appropriat~cns Act of 1994, apprppriating S54Q million in CDBG and HOME ~unding for bath d~sasters. Und~r this Act, Santa Monica was a;~arded the following: 7.. April 4, 1994: $2,'740,000 ~.n CDBG funds for repair to Czty- owned fac~~ities and prcperty damaged in the earthquake (non-housing). 2. Apri~ 1, 1994: $2,027,QQ0 in HOME f~znds fcr hou~ing-related repairs. 3. August 5, 1994: $6,361,000 in HOME funds f~r haus~ng-related repairs from the President~al Contingency Fund. 4. November 3, 1994: $25,Q0~,000 in CDBG funds for repair and reccns~ructian af damaged and vacated multi-~amily and condamin~um properties. FEB ~ ~ ~'j FEB i 4 199~ Add~ng thz hpusing-related alloca~1ons ~ogether (#2, 3, &~ above), a total of $33,38$,00~ is available to assist property own~rs in making repairs to multi-family and candom~n~um units, and tc a11ow tenants displaced ~y the January 17, 1994 earthquake to return to the~r homes. The C~ty ~~as successful ~n securing these funds based on azguments that the typ~cal fundzng formulas of population and pove~~y did not adec~zately address the damag~ sus~a~ned ~n Santa M~naca. Because the dama~e to the community was sa extens~ve and w~thout r~gard to income, the City asked for and r~~eived a number of a.mportant statutory and reg~latory waivers from the U.S. Departmen~ of Housing and Urban Development {HUD). HUD used the ~ustificaticn that faiiure to waive its ncrmal requirements would impede di5~St~r recovery by dzscourag3ng property own~rs fr~rn undertak~ng rehabil3tation of disaster-damaged housing, thereby inhibit~n~ recovery efforts ~.esigned to address health and sa£ety problems. Aegulat~ans waived include: those that requ~re CDBG f~nds to be used to principal~y benef~t Iow- and moderate-in.come persons; ~hat a percentage of HOME pragram funds be set-a~ide fo~ Cornmunity Hausing Develvpm~nt Organizations; and that inany of the Uniform Re~ocat~cn Act requirements apply tc disaster-damaged buildings. HUD has advised the Cit~r that it will be required to olaligate the ~unds wi~~z~.rz 24 months from ~he date of initial award, and to expend those funds snrzthin 35 months. If events beyond the con.trol af the City make the C~ty unable to meet ~ither of these dead~izi.es, 2 HUD may ~onsider an extenszon. Staff is concerned that i~ the programs are npt utilized because the City has reimposed restrictions waived by HUD, ~uch extensions are un~ikely, and unused funds would be ~ecaptured by HUD. These fund~ are a grant to the C~ty, and al~ future "program income" from loan pay-bac3~ w~I~. remain with the City' s regular CDBG pragram fax' re-u~e, gcverned by the same rules a~ other CDBG prograrn income . E~is~inq City Multi£am~ly Earthc~uake Repair Loaxi Prac{ram In response to award af the HOME funds of $8,388,(}00 (#2 & 3 abave), a new program was developed by Staff and appraved by the C1ty Co~.ncil on Septeir~ber 20, 1994. This pragram, ca].led the Multifamily Earthquake Repair Loan Program tMERLP), v;as develcped in accardance wi~h certain federal cqnstrain~s of the HOP+IE program, and marketed ~o ~dentified o~mers af red- and yellow-tagged buiJ.dings through maiJ.ings and a public meeti~ng. Following a poor response, Staff made fa~law--up telephone calls t~ the owners of 111 buildings (including those with no building permit activityy, resulting in 51 laan applica~~ons requested, but anly 15 returned ta the Earthquake Loan off~ce (located at 512 C`alorado Avenue, 5uite 108-Ay. Those 15 loan app~ications will be processed under the amended guidelines, which are to be eonsidered by Council this evening This outreach indicated the MERL Pr~gram proved unattractive to 3 i" / pr~perty oG,mers for ~he follo~ti=ing reasans : 1. HUD lim~ted the use af HOME grar~ts to dwell~.ng units occupied by households whose 3ncame d~d not exceed 80% o~ the medi.an. LJnits occup~ed by hous~holds whose ~ncome exceeded 8D~ ~;rere therefore not eligible for assistanee, and praperty owners would need tc search for other funding sources for thase units. 2. HOME funds Could not be us~d for units where returning tenants vaere non-low-income households. 3. The program did not address the needs ot condominitim ow~ers, wha were not e}.igibl~ under HOME, and did not qual~fy far F`F~rA gran.ts to repai~ common areas. 4. The program d~d not addre~s the needs of thcse prcperti.es damaged by ~he earthquake yet sti11 occupied, inciuding tho~e ~~aith potentiaily haaardous structural condit~.ons, where the owners had no other recovery source~. The City had ~he opportunity to re-examine the ZiERL Program with HUD ~taff when it was awa~rded the $25,D~Q,000 in CDBG funds on November 3, 1°94. Instead of restrzcting fund usage sol.ely to meet the ~ow=/moderate-income benefit criter~a fcr use of these funds, another criterion was appiied by HUD: urqent need. Th~ award Ietter from HUD also granted a number of statutary and re~ulatory wa~v~rs in order to faci~~tate use of the funds. At the same time, Staff reques~ed of HTJD a one-time waiver of incame target~ng for rental housing rehabilitated w~th the HOME funds, allowing former tenants to return ta their hames regardless ot the~r incorne. That request was approved by HUD on January 27, 4 199~, thereby enabling util~zation ct HGME monizs in acccrdance w~th the City's locaX Earthquake Recovery Act (O~dinancE 1736?, which provides en~itlement for displaced tenants to recccupy damaged units. In sum, HUD has allov~ed the City to des~gn ~ts cvm residential recovery l.aan prcgram, based on ~he city's particular needs, as lor~g as it camp~ie~ with CDBG regu~atians, as modified l~y waivers granted by the Secre~ary of HUD. RevisiOns to MERL Proqram - Citizen Participatzoz~ In an attempt ta invalve the citiz~nry ~n partic~pating in reclesign of the MERL Program, num~raus public and C~ty Staff ineet~ngs vaere held prior to this item coming to the Ci~y Council. Between Dec~rnlaer 12 , 1994 and January 17 , 1995, several Ira.terdepartmen.tai Earthquak~ Task Force team meetir~gs were held, with represEntatives from the City Manager's office, Resou.rce Managemerit Department, HousYr,.g Division, Rent Contral office, C~.ty Attorney'~ office, and Plannzng & Commun.i~y DeveZapment. ~n addi~ion, there were numerous public Fneet~.ngs at which MERL was discussed: ---January ~2, 1995: Housing Commiss~on m~etang. ---January 12, 199~: Rent Ccntrol Board meeting. ---January 17, 3.995: Special warkshop meeting of the Housing C~mmissian, ~o~ned by two members cf the Rent Control Board, sel~cted by the Board. ---January 26, 1995: Hous~ng Cornmission ~ecommend~ approval of guzdelines ta Council. ---February 2, 1995: Rent Ccntrc]. Board meeting. 5 Th~se meetings were well-attend~d by var~ous "stakehold~rs", includ~ng non-profit organizat~ons, developer interests, and a nezghbarhood group. The pr~~ram summary ~vent th~ough a ser~es c~ a~terations in an attempt to be responsive ta variou~ interests. The muiti-pronged abj ectives ~f ~he recaitunended program are to meet ~he urgent need tp repair damaged 11I13tS~ which w~uld allow displaced tenants to return to their hames, e~iminate blighting a.nfluenc~s, and prevent the Ioss of aff~rdable hous~.ng. Discussian The fcl~ou~ing discussion provides an averview of the proposed amendments tv the MERL Program. Please a.lso refer to r"~.t~achment 3, "Proposed Multifamily Earthquake Repa~r Loan Program" SLTMMARY (chart) to facili~ate further rev~ev~. A tc~a1 0~ four sub-programs have been developed under the MERL PragraFn ~n an attempt ~o be resgans~ve to vary3ng needs and objectives within th~ community. They ar~: T Pre-Earthquake Owners II Post-Earthquake Buyers* III Qualif~ed Affordabl~ Housixa.g D~velopers IV Condominium Owners and Associations ~n accordance with the Cit}r's Housing Tru~t Fund guidelines, all Zaans for large pro~ects requiring more than $2.0 million in City funding assistance will require City Council approval ~Includ~s Pre-Earth~ake ox*ners ~ith Loans Gr~ater than $3~,~~C;~ ~er u:.it 6 F~ll~wing is a b~ief description of ~ach pragram: I. Pre-Earthquake Owners This program is designed foz those who o~,~-ned mu.lti-fa~il.y housing at the time of the disaster and are either ineligible far SBA loans, or received an SBA loan insuff~cien~ t~ cover the necessary repa~rs. In many c~f these cases, proper~y damage was extens~ve en~ugh ~o displace a number of tenants. The maxzmum loan ~s $3a,aQa per unit, althaugh the higher lirnits of Program II apply for 2- to 6- unit pro~ects Payment on th~ loans is deferred for 2 years to allaw unats time to c4me on line, and far owners to reca~rer frorn lost rental ~nco~te dur~ng vacancy Payments are amort~zed over 28 years. Affordab~lity r~strictions have been wa~.ved by HU3I~ , and do not apply ta pre-earthquaks pragerty owners . As for rent in~reases, the MAR adjustment with pass-throughs is amartize€i ~ver the remain~ng 28-year ~erm of ~he loan., and there are no ne~ aperatin.g income-based rent increases. As with all the programs in MERL, *~rhere Davis-Bacon minimum construction vrages apply, 20~ of the construction eost ~s fo~giuen after 2 years. Cexta~n predevelopment costs may b~ a.nc~uded in the loan, ~„rith 50~ rezmbursement of prev~ous expenses. Loans are due upan sale. II. Pas~-Earthquake Buyers* This program is primar~ly intended to assist those who acquire damag~d proper~.~es from exist~ng owners who are either unv~ill~ng or unable to camp~ete repairs cr reconstruc~ion. Tv facilita~e both acqu~.sition and rehabil~tation, ~he program has maximum loari Iimits *Tncludes PrrEarth~sa~s ~arer~ ,-~th Loans ~reG=~r ~Y.a~. $30.OOG p~r un~.*_ 7 ranging from $50,aoa to $80,QOQ per unit, depending on the n~mber af bedrooms Pre-earthquake owne~s requ~r~ng loans lar~er than $30,000 per unit may alsc participate ~n this p~agram. Loans carry no interest, and there ar~ no payments for 2 years. Amo~tizatian is based on a 28-year schedule; how~ver, loans are due in Z~ years to generate zn~ome to the program for other CDBG-elig~ble act~v~t~es. Under a 3Q-year deed restr~ct~an, 25~ o~ the un~ts must be affordable to those with incomes less than ~0~ of inedian. This would alsa result in deeper affordability for those units reserved for maderate-~ncome hauseholds {1~0% of ined~an )~nder the City's Earthquake Reccvery Act. These term~ were designed to provide sufficient incentives to stimulate private investment, *~Th~l~ deterring the potential for profiteering. Analysis of samF~e prajects indicated tha~ the propas~d terms produce returns con.s~stent with current interest rates , thus avaiding z•rinclfall profits . Requiring 50$ of the 3a.n~ts to ~e set aside for Very Lo~~- Income Households evould eliminate ~n.cem.tives offered by interest subs1dy and discourage participatlon. The zero-interest and lang- ~er~a amort~.zation also min.imize the ~mpact of increased pass- throughs ta return~ng tenants of rent-cantrolled buildings under the Q-Petition process. Loans ar~ due on sale, and all repayments are returned to ~he City as CDBG pragram income, whzch is sub~ect to the normal Iowfmoderate-income restrici~~ons. III. Qualified Affardable Hausing Develcpers This program is intended to assast experienced affordable housing developers ~n the rehabil~tation or acquisit~on and reconstruct~cn 8 of damaged prop~rties, in o~der to increase the supply cf units ava~lable to la:nr-income households . All un~.ts would be reserved for ~hose with incomes less than 50~ af inedxan, under a 55-year deed restrzct~on, with a one-t~me exception far returning tenants with higher ~ncomes. Payment af the loan wauld be structured on a residual receipts basis, and loans would carry no interest, except vahere n.ecessary to qualify in tax credit applicat~ons. The maximum loan limits have also been. increased to comp~nsate ~or low~r tax credit allocation5 au~~arded to pro~ects funded ~hraugh the HOME Program while return funds are unava~lable for the duration of the 55-year restrieticn. IV. Candomin~um Owners and Associatipns Loans are intended for cvndominium awners and assaciati~n~ tha~ are w.ithaut s~fficient recovery resou~ces, Funds are provided under terms simzlar tv thQSe of~ered to Pre-Earthquake ~Janers of rental praperty. The loan limits would, however, lae ~he same as those ava~~ab~e to Post-Earthquake Buyers, ta fac~l~tate reconstruct~on of uni~s wher~ cther resaurces were insuff~cient. Fundxng Allocat~ans: The Housing Comm~ssion has recommended the following fundixig levels: Prog~am I Pre-Earthquake ~vmers: ~9,387,455 Progxam IT Post-Earthquake Buyers. ~8,612,545 Program 3II Affardable Housing: $9,545,500 Progx'am IV Candamin,~.um Loar~s: $2, 504, 004 9 Affozdable Housing w~ll be funded using all HOME avazlable funds, less administrat~on and technical assistance cos~s (~7,545,5~D? and $2,Q00,000 af addit~onal CDBG funds, for a tatal of $9,546,54~0. A~l other programs wou~d utilize CDBG fund~ng. Al~ocations are based on pro~ected demand, and funding may be ad~usted administrat~vely by up ta 10~ between categcr~es, depend~ng on actual applicat~cns rece3ved. Prflgress will be mcnitored, and per~od~c reports wi11 b~ provided to ~he Hous~ng Cornan~ss~on and the City Cauncil. F~nancial/Budgetar~r Impact: Funding for this program wauld be provided thro~gh the follov:~.ng existing acco~.nts: HOME April 1, 1994 allacatian {$2,027,000} -- Emergency Supplemental Grant-Loans: Dir~Gt laans: $?,67r~,2~~ 2G-700--b45-OG000-4461-~OGQQ ~'~`~~~cai Assistanc2 2v2,7(~Q 20-7CG-695-00~~0-~"462-G~G~u^ A~ir~zstrativz C~~ts• ' ~4, 052 2C-7QQ-595-060:;~~-44b3-s~0ill+~.i -'S:rA~ ~z, ~Z7, ~r~' HOME August 5, 1994 allocatx.orx ($5, 36~, (IOCI) -- Presidential Contingency Fund: ~ire^~ loans: $5,87c,252 2:;-7Gu-~~~-G~~OOa-=~4;1-G~DOQG Adm~nistraLive Costs: 484,;~?+ 20-700-b95-00000-4473-~OUGO TOTAL: S6, 3b=,'~~i,~ The praposed al~.ocation of CDBG ~ should be budgeted as fall~v,FS. y=rect ~....__ ..~~st a2~, ~uu", GGO Technical ASS~S~~nC2• 600,Ov^~° Admin.istraticn 1, 9~0. ~i~G ~~~~~: S2~,aoo,o~o 'smergency Supplemental Funding ~9-7CD-69~-~DC~u-~4E~-~~~~u0(exp.; 19-700-695-00000--44~2-0~00~(exp ; 19-700-b95-OOQ00-4483-OOOG•O;exp ) i9-b20-264-~GO~G-~~4~1-c~OQO(rev_; 10 Conelusi~n The federal govsrnment responded t~ thz January 17, 1994 earthquake's tremendous damage an t=~o accasions, w~th $8,388,OQQ ~n HOME funds, and most recent~y, with $25,QDO,Q00 in CDBG funds for repa~r and reconstru~tian of da~naged and vacated multi-family and candaminium properties in 5anta Manica, fcr a~atal of $33,388,000. ~A~h~le the ~arlaer HOME monies provsd ~oo restrictive under existing HUD regulations to be e£fECt~vely ut~l~zed, the ~vaiver by HUI~ of certain regulations for both px-ograms has allowed Santa Moni~a to design guidelines and procedures for a local program that involves significant citizen part~c~pation, and that Taill ~n turr~ be responsive tc meeting the urgent need to expedite r~covery of vacated and hazardaus mul~i-fam~ly structure~, a.nd allow displaced tznants to return tc their homes, even srhile praviding f~r af~ozdability companents within the program. Timel.ine The CDBG Statement of ~bject~.~e5 (applicatian) for the $25,040,aoa was appravedlay the C~ty Council on January 24, 1995, and submitted to HUD the week of January 30, ~995, for review and preparation af ~he legal agreement . Upan execution of the agreement between HUD and the Czty, Staff v,rill be autharized to set up the cash management system to disburse funds for earthquake repairs. All ~hauld be in place in 3 months. Upan Co~zncil approval of the amended Guidel.~nes and P~-acedures for the MERL Program, Sta£f will undertake extens~ve market~ng of the 11 rev~sed pragram. We w~ll re~urn to the C~ty Counc~l with p~r~ad~c reports ~n the progress made ~n implementing the MERL Program. Current staff~ng at 512 Calorado Avenue conszsts of Sen~or Administrative Analys"t and Support Staff. Administrative funds for ~his program are available from the HOME and CDBG p~ogram budgets. Recommendatian City S~aff zecommends that the City Council: (1) ~pprove the Amended Guidelines and Procedures for the Mult~fainily Earthquake Repa~r Lcan Pr~gram. (2) Approve the funding d~stribution by proqram category recommended by the Housing Commissian. (3) Approve ~he budgeting of $25,000,00~ in Emergency Supplemental CDBG funds. Prepared by: Jeff Mathieu, Direct~r Phyl~is MueZler, Housing and Redevelopment Manager Timathy Elliott, Senior ~dministrative Analy~~ Department af Resource Management HQUSing and Redevelopment Division 12 Attachment "A" 2'U9`95 Proposed Multifamily Earthquake Repair Loan Program Summary - - - - I il !It kV EC[GIBLE Pre-Earthquake Post Earthquake Buyers quahfied V Go~dominfum B013ROWERS awners B Pre-Farinq~ie u ti~e = Affordable Housing Owners and w„h bans ati~• S3Q ~.~' a"r ~evelopers Assaciat~ons ELIGIBLE Ar~y ~amaged propeAy wdh $5,000 per unit fepair cost, or potenUally hazardous slructures wrth $1 .'s f E Q damage PR~PEI~TIES For aoqwsition Red and Yellow Tagged propertaes only ELI~'iIBLE Rehabddat~on RehabihtatEOn Acquisiiron ~ Rehabdilation Rehab~hla~on USES Reconstruction Reconstrucfian ReconstrucLon Fteconstruciron Refinanang Ref+nanang Acqui5ition ~ -- RefinanGng _ - LOAN TERM _ 30 Years 55 years 10 years _____ 30 years __ _ f _ _ U% 0 ~0 0% or ~°io lNTEREST RATE5 App4tabie Fa~fer! Rares ~ (or HG1,4c rax creald prolgcts - PAYMENT De-{ener! far 2 years trom note date, ama~zalion Residual rece~pts Deferred for 2 years based on 28 years from note date. arr~ort~zed ' over 28 years MIAXIMUM $30,Od0 Qer unit 0-1 6RMS $f~l7,OQU - 0-i BRMS $BO.UO~ Q-1 BRM5 $6D,~00 LOAN ( Fjgher 1-.^~ra avply 2 Bf2MS $70,000 2 BRMS $90,006 2 BRMS $70,u~0 for 2 B ~r~ aropec~s: 3 BRMS $80,d06 3 BRMS $100,U0Q 3 BRMS $80,~G0 AFFORQABILI7Y 25 9h of units must 700 °io of unils must j RESTRICTIdNS be aFTordable be affordabfe ~ io !i H w~th Income fo FI H wdh Income ! < Pn=~ ns MP~1wr ~ f+~°M nf Man~an Na Add~tianal Na ~RMS Ram No Adddional Requrrements U $529 Reguirements 1 $6J5 2 $718 3 $82Q ~~ae t~^~e e~satnn,`-~r .~~.^ ~g ' 'eneMS w'+c arp no; aex ~r;c~~e RESTRICFIQN - - - - -- - PERIOU NA i 34 years 55 years NA RENT INCREASES A+lAFt ad~usiment with pass-throughs over the amortEZa ~~ iVA ~ NA t~on penod of the loan AcquisiUon-Reflnance exempt (No NOI-based rent increases} ~ ! ~N~on-R C pm~ects ttse liLf~ Annua! Ad~ustmen! Faclor ~__ ___ _ ti FORGEVEidE55 _ 2~% of construchon financing forgiyen after t.vo (2} years where ~avis-6acon min eonsfr wages apply i PREDEI/EL~PMENT Ei3gible costs may be mcluded in secu'red ~ 1005+o finanang 5ecured loaris for ehgible EXPENSES Predevelopment loan wdh 50°% reimbursement of ef~g~ble expenses 'costs w~th 5Q',~ oF prEVious expenses ; reim6ursement ot ;of prevwus expenses SECTfON 8 Pruperty owners may hst vacanc~es with Housing Authonty ~ ~ NA LOAN - ~ - ~ - -~~ Laans may be - - - A55UMPTION Loans Due on Sale Assumed u~Eih C~iy I Loans flue on Sale _l~~1F4Y8~ j PROJECTE~ ~$.387,455' $8.fi12,545 " $9.546.500"' - $2.500.G~3~J'"" AI..I.QCATIQN ~ "Allocations by category are based on pro~ected demand Funding may be ad~usted by up to 1 D°io according ta apphcations recewed Attachment "B" CITY OF SA'~ TA MaNiC ~ ML~LTIFAMILY EARTHQUAKE REPAIR L~A'~1 PROGRA~T GUIDEL~iES ~ND PROCEDL RES DRaFI' Febniary 9, 1995 Con~n~ Inhvducfian ........................................................ 1 Prograrn Eligibility Guideli~es E1i~~ble Properttes Eligible Borro~~°ers El~gible Casts Rehab~~~tatfon Standards Davts-Bacon Compl~ance Loa~ Tetms and Regw~ements Maximum Loan ~mount Laan In#erest Rate Loatt Term and Payments Davis-Bacon Ad~ustment Prepayment Subordinahon and Sen~or Loans Securrty Default Paints, Fees, and Charges Other Federal Requiremen#s ........................................... 3 ........................................... 5 Loan ~ffoidability Requi~ments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Terrn and Percen# of lintts Sub~ect to Affordab~lity Co~enant Defin~tian of Affordab~Iitv Cert~fication Foreclasure Termination Loan Applica6an, Approval, Pmcessing and Funding Procedu~es . . . . . . . . . . . . . . . . . . 10 Applica~~on Preparation of Loan Application Loan Approva~ Loan Ciosing ~Tultifamil` Earthquake Repair Loan Program Guidelines and Procedur~s Introduction In response to #he acute damage to the mult~-fa~n~ly housing stoc~C caused by the I~orthrrdge Earthquake. the Ciry of Santa Monica has established the Multifam~ly Earthquake Repair Loan (MERL} Prograrr~ The p~.upose of the MERL Proeram is to prov~de funds to help fill the gap between awner need and other available resources Fund~ne for the program will be $7 5 millian, made ava~lable by the Emergency St~pplert~ental r~ppropriations Act of I994 (Publ~c Law 103-211), to be provided throu~h the H4ME Investment Parinersh~ps Act Pro~ram, tir~th $22 5 mill~on from the Communrty Developanent B~ock Grant program The MERL Prograrn ~as four program camponents Program I Pre-Earthquake Owners Pragram II Post-Earthquake Bu~lers Pragram III Affardable EIousing Loans Program IV Condom~nium Laans Program requ~rernents for these corxiponents differ in ~everal respects, including eligible uses, maximurn loan amounts, repayment requ~re~nents, and affordability requ~rements Table 1 sumrrtarizes the differences between these four programs TABLE 1 SEE ATTACHi'IEnT "3" '~i~itifamily Earthquake Repair Loan Progra~n Program E~igibiliry Guidelines Eli~i~e Prope~lies Laca~ion: Properties must be lacated wsxhin the Crt~ of Santa Mon~ca Prope~y Size: propert~es must be multi-fatml_y rental or condominiu~n housing; wtth at least t~vo unrts Evidence of Ea~thquake Damage: Acceptable pravf of earthauake damage must ~nclude evtdence of z~ther Red- andlor Yellow-Tagged ~anits, flr Green-Ta~ged units with average per-unit repair cast in excess of $5,oao, or Green-Tag¢ed ~zn~ts defined as potentially hazardous structures under C~tv Ordinac~ce Number1748_ and ~vhich have repair costs exceeding ~i 00 per sq~are foot of bui~d~ng area, as def~ned by thz Earthquake Recovery Act (City Qrd~nance Number 1736) Small Business Adminishadon {SBA) Eligibility: If eligible for SBA assistance, properties must have received an SBA Dlsposit~on Letter ~ndicat~ng approvai or disapproval for an SBA Disa.ster Laan If the Borrower is approved for an SBA D~saster Loan, the Borrower must also have appl~ed to th~ SBA for hazard mitigation funds If ihe Borro~~er is approved for a.n SBA Disaster Loan, the 'vIERL Program Laan can~at be used in piace of the SBA D~saster Laan. ar~c~ t~e SBA Loan shal~ be cons~dered a~~ailable ta be applred ta the pro~ect cost The ?VIERL Proeram Laan can only be used for elig~i~fe costs in excess of the amount of the SBA Disaster Loan Eli~ible Borno~; e~s El~gible applicants include owners and buyers of e~~~ible rental propern~, ~ncluding nonprofit orgamza#ions, ~otnt ventures or partnershtps, and condominzum owners and associations Appl~cants must cerrify that they are residmg ~n the United States lawfully Eli~ible Costs A PROGRi'~M I Pre-Earthquake O«~ners ILoans less tl~cu~ ~30,QOf1 per ~intti PROGR~~VI I~' Condotnimum Loans Basic eligible costs; except where noted, are limited to actual cash e~ended for construction expenses related to the rehab~litat~on or recflnstruct~o~ of bu~ld~ngs damaged bv #h~ Aiorthrtdge Earthquake, and for mitigatton of future earthguake hazards, taget~ier with A•iultifamily Earth~ua~Ce Repair Loan Pragram 3 supple~nental rehabilrtation costs needed to meet U S Department of Housing and Urban De~elopment (HUD) Housing Quality Standards Costs aiso inciude engineer~n~ reports and ather requ~red professional serti~ces, constr~ction bonds and general contractor and subcantractor payments, tncluding averhead, general condit~ons and prof~, and re~nancing expenses necessary to make pro~ects financially feasible Except where mdycated, preapplicati~n ex~aenses are only elrgibie on ~ 50% reimbursable basis Inel:ga~le act~v~ties ~ncIude {except where ~nd~cated) nonconstruction-related expenses. any Fee_ profit or overhead #o the Borrov~-er or any part_y related to the Borrovwer, any noncash contr~hutaons, ~nd,ior ~nterest or fee an any loan B PROGRA_~ II Post-Earthqualce Buyers iand Pre-Farthquake Ox•ners with Inans greaier than ~30,000 per ~nrtj Additional eligible costs include the acquis~t~on of red- and yellow-tagged bwldmgs only_ includzng reasonable financing fees, appraisal fees, and t~tle and escrow costs C PROGRAM III Affordable Housmg Loans All above eligible costs, ~~th the acidrtion of reasonable deveIoper fees appro~ ed by the Gity Rehabilit~hon Standaids At the t~me of funding, the ~i~ork plan for the units ~n the propertv must ~nciude removing a~l defic~encies in the HiJD Housmg Quality Standards, which are the m~mmum standards for qualjty of rehabil~tat~on For new construction, the «orkplan must compl~~ with c~rret~t building cod~s and access~b~l~ty requirements DaYis-Bacon Campliance Pro~ec#s where HO'VIE funds are used to ass~st 12 ur~~ts or more, or ~rhere CommunitE~ Development Block Grant funds are used to ass~st eight {8) umts or more, requ~re the payment of Dav~s-Bacon uages If applicabie, the payment of wages to laborers and mechanics shall be at a rate not Iess than the mtntmurri wage spec~fied by the Secretary of Labor in periodic wage determinattans Appi~cants should calculate their construction anc~ construct~on-related costs usmg the appropr~ate Davis-Bacon wage determinahon C~ty staff u+~ll v~lork v~7#h applicatits to determit~e whether Dav1s-Bacan wage requjrements v4~11 appiy to a particular praposed pra~ect Where the propert~- is sub~ect to the prevarl~ng ~ua~e requirement, all ~ork performed under the contract that ~s being permanently ~'inanced in part by the Loar- ~s sub~ect to the requirement Repa,~r ~~vo~-~: perfor~nzd on the praperty~ under separate contract pnor to the date of application and not permanently ~nanced with the Loan is not sub~ect to the requirement For property sub~ect to Da~~s-Baeon. 20% of the ioan amount which is used for umt construc- tion costs (~ e, for wh~ch Davis-Bacon wages must be paidj will be fargiv~n after two years iV[uitifamil~ Earthquake Repair Loan Program 4 Loan Terms and Requirements NTaximuin Loan Amount A PI~OGRAM I Pre-Earthquake Owners /L~oans less tharr ~30,000 per i~ntti The maximum amount of the Loan shall be detzrmined by the eligible cost of rehab~l~tat~on, reconstructron, or refinanc~ng for the property, iess the arr~ount af the SB~ Disaster L~an, less the amaunt of ~nsurarice proceeds {if any) Htgher loa.n lim~ts of Prograrn II apply to properties with six ~6) or fewer rental units B PROGRAM II Post-Earthquake Buyers (und Pre-Earthquc~e Ofrners u~~th loans greater than 530,000 per unit~ The maximurn amount of the Loan shall be determined by tl~e lesser of 1) eli~ible casts for acqais~f~on, rehabilitatjon, re~nancmg, or recons#ruction of the property, less the amaunt of tlie SBA Disaster Loan, less the amount af insurance praceeds (~f any), and less Borrov4er and Lender contributians, pr~~ate loans_ and ather a~~ailable funding, or 2) the number of un~ts an the property multzplied by SRO, Effic~ency; and One-bedroo~n units $6D,00~ Twa-bedroom untts $70,000 Three+-bedroom un~ts $84.Q00 C PROGRAII~4 III Affordable Housin~ Loa~s The max~murr~ amount af the Loan shall be determ~ned by the Iesser of 1) el~g~b~e costs for acc~uisition, rehabil~ta#~on, refinancing, or reconstruction of the propert_v, less Borrower and Lender contr~b~tions and other available funding; or 2) the nuanber of units in the properry multiph~d by SRO, Ef#"fc~ency, and ~ne-bedroom ~~its $80,000 Two-bedroom units $40,000 Three+-bedroom units $100,000 D PROGRAM I~' Condorn~nium Loans T~e maximum amoun# of the Loan shall he determined by the lesser of I} eligible costs ~or rehabilitat~an, refinancing. or reconstrucnon af the property, ~ess the arnount of the SBA Disaster Loan, less the araount of -nsurance proceeds (tf any), or 2) the number of unlts in the propert_y multtpl~ed by ?~i~ih#'amily Earthquake Regair Loan Pragrarn 5 SRO, Efficiency, and One-bedroom un~ts $6Q,000 Tw~a-bedroom un~ts $70,000 Three+-bedraom un~ts $50,~00 ~ny and all program loans in excess of $2 Q~nillion shall require C~ty Counal approval Loan interest Rate The intzrest rate for all programs is 0% (Vb'hen it ~s necessar~ to confor~n vvith federal Low Ineome Housin~ Tax Cred~t Progratr- requirernents, a higher rate of interest may be charged ) Loan TeRn and Payments ~ PROG~~s t Pre-Earthyuake ~wners ILoans tess than 530,000 per unrtj The ~erm of the loan is 30 years For a grace periad. un~l the ~irst day of the rnonth two years after the Loan Clos~ng, no per~odfc payment of pnnc~pal is required Thereafter_ regular pr~ne~pal pay~menTs on a 28-year amortization schedule are requrred The outstan~ing principal balance is duE upon sale or transfer of t~#le or a~~~nership ~nterest B PRQGRAM II Post-Earthquake Bu_yers ~artd Pre-Em4hquake Ou-r~~rs i+~tth loans greater than S30,OD0 per~ uniti Tertn of the loan ls l~ years For a grace penod, untii the first c~ay of the tnanth two years after the Loan Glasing, no penod~c payment of principal ~s required Thereafter, regular principal payrr~ents based on a 2$-year amoriizarion schedule are requ~red The outstandina pr~ncipal balance is due upon sale or tfa~sfer of titte or o~.~nership interest C PROGRAM ~II Affordable Housing Loans The term of the loan is 55 years Payments shalI ~s deferred for no less than 2 years Begimm~g ~n year three, borrower shall make payr~tents of prtncipal from res~c~uai rece~pts, if any, as approved by t~e Citv Residual receipts shall be d~£~ined as the gross inconne of t~e Pro~ect, less payments for actual and reasonable operating expenses (e~cludine depreciat~on), 1~55 a replacement reserve and an operat~ng reserve as a~proved by ~he City, less debt serv~ce on non-Ciry laans appro~~ed by the C~tv The L~oan ~s assurnable upon sale of the property w~th prior appro~al of the Cit~, so long as the new buyer assumes the Loan Affordabilrty Agreetnent and has not on other properties been in vioIat~on of other City affardab~lity agreements. ardinances, oF codes, as determzned by the City Multifamily Earthqnake Repair Loan Program 6 D PRQGRt1~~ ~'I Condaminium Loans Tha term of the loan ~s 30 years For a~race periad, until the ~rst day of the month two }rears after the Loan Glosing, no per~odic payment of pr~ncapal is requ~rec3 Thereafter, regular pnncipal payments on a 28-_yeax amort~zat~on schedule are required The outstanding pnncipal balance is due upon sale or transfer of t~de or ovvnership mterest Davis-Bacon Adjushnent For properties receiving a Loan that ~s sub~ect to the prov~s~ons of Davis-Bacan wage requ~rements, 20% of the amount of the loan applied to construction costs w~ll be forg~ven on the second anniversary of the recard~ng of the loan P~pa,yment The Loan m~y be prepaid in part or i~ who~e at any t~me ~~~aut pe~alty Howe4°er; the Affordabil~ty Cor-enant shall remain ~n place for the st~pulated t~me per~od Subatdination and Seniar Loans The Loar~ ma}~ be recorded ~unior to a A~1 outstanding debts (~ncluding any ~nterest owed thereon but c~npa~d as of t~e the closing date of the Loan} recorded pnor to January 17, 199-~, and ~ All debts needed to pro~~de funds for El~g~ble Cos#s, inc~uding SBA Disaster Loans 5uch debt is defined as Senior Debt The Loari may be re-subordinated ta refinancin~ of Sen~ar Debt, or Debt which d~es not exceed the autstanding halance thereon (e g, no cash out to Borrawer) Loans w~ll not be subordmated to outsta.ndin~ debt recordad after January 17. 1994 tnat rs ~ot needed to provtde funds far Eligible Rehabtlrtahon Costs Secwit~~ Loans will be e~idenced b~ a promissor}- note and secured bv a deed of trust The loan as nan-recourse Default The Loar~ Agreement will specify the events that w~ll eause the C~ty to declare the Borrower ~n default These events will include breach of Affordability Covenants, fa~lure to campiete the proposed rehab~litat~on, fa~lure to make agreed-upon loan repayments, defa~lt under other debt upon the property, breach of equal opportunity requirzinents; failure to ahide by preva.iIing wage requirernents (if required), failure to Mnltifamily Earthquake Repair Loan Program 7 mainta~n appragriate insurance caverage, fa~lure to pay ta.xes, and bankrupcey, dissolution or insolvency of the Borrower or general partner of the Borrower's corparafion or parinersh~p If there ~s any default on the Loan, the interest rate shal~ b~ 2°fo aba~e the preti~a~I~ng prime rate of interes# on the date of execution of the Loan Agreement Points, Fees, and Char~es The borrau~er w~ll be responsible far pa~ ment af ~11 escrow~, ntle, re~ardjng fees, at~d ather charges m connection wi#h the loan No poir~ts or ongination fees will apply ~er Fede~ Requirement~ Borroc~ers must agree to comply w~th all appi~cable federal regularions, ~ncluding en~~ironmental reguiat~ons, relocat~on requ~rements, lobbymg regulations, and other federal requirements Lvan Affondability Requirement~ Tema and Pencent of Units Subject to Affo~ability Covenant A PRQGRA11~i I P~e-Earthqualce Owners ILnans less than ,~30,0~~ per urrttj No Add~tional Afforda~~iity Requ~rerrients B PR~GRAM II Fost-Earthquake Buyers (und Pre-Eat?hqrta~e ~-vnc'rs w•ath loans grcater thart S30,DOf1 per t~net/ Twenty-~ive percent {25%~ of tata[ unrts must be rentec~ to ~ousehalds wtth in.c~orne less than or equal to 60°,'0 of the Las AngeIes area med~an mcome, ad~usted by household size, for a m~nimurn of 3D _years Aetvming former tenants d~sp~aced by the earthquake and having incorne zn excess of b0°o of rned~an rnay only reoccupy resmcted ~n~#s u~hen zxo other umts ~n the bu~lding are ava.ilable Future ho~seholds must have incomes less than or equal to 60°'0 0~ rnedian income The affordab~hty covenant shall rett~ain in place for 30 years C PAOGRAM III Affordable Hous~n~ Loans Except as noted, all umts must be rented to househoIds w~th ~ncome less than or equal to 60°0 of the Las Angeles area median income, ad~usted by household size Returning former tenants who were displaced by the earthquakz may reoccupy the apartment units regardIess of ~ncome Future households must have mcomes less than or equaI to 60% of ined~an income T'he ~ffordabtl~ty Covenant shaIl have a#erm of 55 years MultiFamil~~ Eai-thqua~Ce Repair Loan Program S D PROGRAM VI ~ ~o Addttional :~ffordability Requirements Definition of Aff€~r~dability Restncted rents for Programs II and III may not exceed 30°io of the monthly ~nc~me of a household earning no more than 60% of inedian income In addit~on, rents may not exceed the Max~mum Allawable Rent (M~R} allowed by the Rent Cantral Board, ~ncluding any rent increase approved under an earthquake-related pent~on filed rv~th ~he Rent Control Board and arnornzed oti~er 28 years Rent mcrease pass-throughs for assisted repair costs ~}ili not be allowed, bas~d on Net Dperating Income Rents for non-rent-controlled units shall be indexed #o the HUD Annua.} Ad~ustment Factor T'hese rents and annual mcome l~mrts are currentl~~ as follvws, and are inereased by the C~ty upon increases i~ the medtat~ tncome H.H. SIZE INCOME BEDROOMS RENT I persnn $17,650 2 persons $2U,154 ~ 5529 3 persons $22,700 1 $605 4 persons $Z5,200 2 $718 5 perso~s $27,200 3 $SZ0 5 persons $29,25U 7 persons $31,2~50 S persons ~33,250 *I ess allo«ans.es Ic~r tenant-paid utilities (Attachment I) Cerhfication f1 tenar~t is deemed qua~~fied for an affordable umt upon ~nit~al occupancy Existin~ tenants shall not be displaced to meet AffordabiIity requirements, and borrowers must cort;piy with pr~~~s~ons of the City's Earti~quake Recovery Act This act requires, in part, #hat o~ners prov~de tenants whv are displaced frorn earthquake-damaged housing units and wha ~le rec~uired not~ces a first nght to reoccupy the unrt For each untt proposed ta be ass~sted, applicants must provide a cernficat~an of xncame from any tenant wha filed a val~d notice ~~th the Rent Cantrol Board af intent to return to the unit_ which dernonstrates that the household is elig~bte for the program lbiultifamil- Earthquake Repair Loan Program 9 Foreclvsure In the event of foreclosure (or deed in lieu of foreclosure} and transfer to a netiv ~d unrelated oi~vner, the Affordab~l~ty Covenant is terminated However, foreclosure by a conven~~onal ~rst mortgage lender whose loan was made prior to Januar~= 17, 1994 w~ll not terminate the A£fordab~iit_y Agreement if foreclosure results because the first mortgage loar~ was in de~ault (except where the default ~s pursuant to a forbearance agreement) on closing of the Rehabil~tat~on Loan Tern,ination The Affordabil~ty Covenant shall surv~ve changes of ovvnership, except in the case of Foreclosure set forth above L~an Application, Approval, Processing and Funcling Procedures ~ipplica6on To appl~ for the MEAL Program, a Borrawer must demanstrate that a the pfoperty is lacated in the c~ty af Santa Manica b the Borrower has a Federal ETnergency Management Agency (FEMA) registrat~on number c the property has been damaged by the earthquake Proof must cnclude evidence of Re~- or Yellov~r-tagged unrts or qual~fied Green-~agged uni~s d the property did not nave earthquake ~nsurance coverage, or ~f ~t d~d, the Borrower has soug~t msurance praceeds and rece~ved notice of the amount of settlement e vv~ere el~gible, the Borrower has applied for and rece~ved a disposzrion letter frorn the SBA Disaster Loan Program f notv~nthstand~ng these efforts, the Borrower requrres additional funds to restore the prope~-ty to habitab~i~ty P~eparation af L.oan Appiication The Borrower must pro~~de a copy of the SBA laan appl~cat~on and City of Sa.nta ~ionica supple~nental application form A separate applica~on is requxred for each praperiy for which '-~uitifam'rly Earthquake Repair L.Qaa Program lU funds are needed {A property w~th inulnple structures but v~~th a smgle ~r~t mortgage is cons~dered one property } The following ~nformat~on must be pro~nded a Budget: The proposed budget, ~~cludmg contractor's certificat~on as ta wh~ch ~tems are needed to repa.~r earthqua.ke dama~e and ~.vh~ch are needed to meet the Housing Quality S~andards b Seruor I.oans: In connect~on w~th the closing af the Loan, t~te Borrower w7I1 provide the Ciry w~th evide~ce that An attached casn flow pro~ection for the properly, ~n a farm acceptable to standard regulatory and banking practices, demonstrates that tl~e property has suf~cient mon~es for normal operations, and is reasonably certayn of operattons w~thaut financial default or~ senior debt; based on reasonable assumpt~ons about operaf~ans and market perform.ance c Other Ccifificafions: Gert~ficat~an from the Lender and the Barrow~er that all Senior Debt holders have provided wrrtten consent to the Rehabilitat~on Affordabii~ty Agreement, and ~~ if needed, forbearance l~as been prov~ded unt~i the expected completion date of rehabilitat~an d sBA nisposition Ixtt~r An SB~i D~spos~tton Le#ter staring approval or disappraval rs required as part of #he applicat~dn, or evidence that the pro~ect zs no~ eligyble far an SBA loan Laan Approval Upon rece~pt af the Applicanon, the City w~li rev~ew~ the Appl~e~at~on to a deterrr~~ne that the min~mum program requjrements are met, b ensure that estimated cos#s are reasonable_ c rev~ew the availab~lity of funds. d determ~ne the extent to wh~ch the pro~ect conforms with established G~ty ~olicies and priorities, e determme the feasibility of the pro~ect and the abtlity of the barrower to comp~ete #he pro~ect 11~Iultifamilp Earthquake Repair Laan Pragram 11 Recomrr~endarions v~nll be made ta the Directar of the Resource ~Zanagecnent Department regarding appraval ar disapproval of the applicat~on Upon appro~~al, a commitme~t Ietter approving the appl-cat~an and informing the borrower of condit~ons required for laan closmg will be issued Loan Closin~ Pr~or to loan closing. the Borrower must prov~de the City with a a capy of the Bu~lding Permit for the i~ork {for loans involv~ng rehal~alrtatto~ orrl}~} b cornpleted Dar-~s-Ba.con form(sj, if appl~cahle Fa~lure to subm~t the form{s) will result in automat~c termination of the Gommitrrient Upon eancel~ation, the City will send a cancellation notic~ to the Barrower and the Lender c written consent of all mortgage holders to proceed with the rehab~l~ta#ion work, ~f applicable d a Cerri~cate of Insurance nam~ng the City as add~tionallv insured Multifami~~~ Earthquake Repair Loan Pragram 12 ~ttachment I H~L'Si~G AUTHQRITY SECTIDN 8 PRGG~r~M L.S. Department o£ Housin~ and Urban Development SECTI~N 8 EXISTING HO~SiNG ~Y~T~wr~:YCE FOR TE;Tr~'~T FUR'dISHED UTILITIES A1~FD OTHE~ SERVIC~S Monthly Dollax Ailowances SINGLF, 1 BR 2 BR 3 BR ~ BR GAS $11 $19 $2Z $23 $25 t:~ay i:~clude but not iimited to heati.:~~, c:~ck~~5, dcraest~c hc~ ~rater ) ELECTRIC~L- $Z4 $26 $33 $3~1 $40 (~ia~ i:.c?ude ~ut not l~:u~~ed to l~ghts, televis~cn, ~ef~~ge~at~r, was;;e~ and a~p~~ances J TrvnTyR~ SE'rvLFt~ G~R3~G^ ~54~ $41 ~541 APPLI~,NCiS Stove $4 $~ $~# $~ $4 ReL"ge~ 3tor $4 $-~ $4 $4 $4