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R-6750 e . CjED:ML:rc City Counc11 Meeting 9-13-83 Santa Monica~ California RESOLUTION NUMBER 6750(CC5) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING EXECUTION OF COMMITMENT AGREEMENT BETWEEN THE CITY OF SANTA MONICA AND THE CALIFORNIA HOUSING FINANCE AGENCY WHEREAS~ 1t is the policy of th1s locality to preserve and improve the rental housing stock; WHEREAS~ the California Finance Agency (hereinafter "Agency") will issue bonds to fund mortgage loans to finance the rehabil1tation and development of multifam11y rental housing: and WHEREAS, the City desires to enter into a Commitment Agreement with the Agency to reserve proceeds of the Bonds for loans for properties located within 1ts jurisdiction: and WHEREAS, Agency program regulations require that the govern1ng body approve by resolution the execution of the Commitment Agreement, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. There eX1sts in this locality a need for funding to encourage the rehabilitation of the multifamily rental stock. SECTION 2. The C1ty Council does hereby approve and authorizes the City Manager to execute the attached Commitment Agreement by and between the City of Santa Monica and the 1 e e California Housing Finance Agency for the reservation of funds for mortgage loans for properties located within its jurisdiction. SECTION 3. The City Clerk shall certify to the adoption of this resolution and thenceforth and thereafter the same shall be 1n full force and effect. APPROVED AS TO FORM: ~'"t '- '--, 0-- ROBERT M. MYERS C1ty Attorney 2 .. e e ADOPTED AND APPROVED THIS 13th DAY OF September t 1983. @4~J MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6750(CCS)"_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA PT A MEETING THEREOF HELD ON September 13 t 1983 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS:Conn, Jennings, Press, Zane and Mayor Edwards NOES: COUNCILMEMBERS:Epsteln and Reed ABSENT: COUNCILMEMBERS:None ABSTAIN: COUNCILMEMBERS:None ATTEST: ~ 7/J~ CITY CLERK e e CALIFO~~IA HOUSING FINANCE AGENCY MULTIFAMILY REHABILITATION PROGRAM COMMITMENT AGREEMENT Th~s Comm1trnent Agreement, dated as of 1983 (date executed by the Agency), 15 made and entered ~nto between (the "Locallty") and the CalIforn~a HousIng FInance Agency (the "Agency"). WIT N E SSE T H: WHEREAS, the Agency lntends to ~ssue ItS MultIfamIly Rehabll~tatlon Revenue Bonds (Bank of Amerlca Natlonal Trust and Savlngs ASSOcIatIon), 1983 Issue A (the "Bonds") for the purpose of establIshIng a program to fInance the rehabllltatlon and development of multlfamlly rental houslng (the "Program"); WHEREAS, the proceeds of the Bonds wIll be used to fund mortgage loans ("Loans") to be orlglnated by Bank of Amerlca Natlonal Trust and Savlngs Assoclatlon (the "Lender") for ellglble propertles in accordance with an Or~glnatlon and Servlclng Agreement between the Agency and the Lender; WHEREAS, the Locallty deslres the Agency and the Lender to reserve proceeds of the Bonds for Loans for propertles located Wlthln the ]urlsdlctlon of the Locality and to be certlfled by the Locallty; and the Agency and the Lender desire to reserve proceeds of the Bonds for and fund such Loans pursuant to the terms and condItIons herelnafter set forth; and WHEREAS, the Treasurer of the State of CalIfornla wlll act as trustee (the "Trustee") for the Agency under an lndenture pursuant to whIch the Bonds w~ll be lssued (the II Indenture" ) i NOW, THEREFORE, In conslderatlon of the mutual representatIons, promlses and covenants here~nafter set forth, the part~es hereto agree as follows: Sect~on 1. Commltment A~ount. 1.1 The Locallty agrees to reserve from the Agency, subject to the terms and condltlons of thIS Cornmltment Agreement, proceeds of the Bonds In the aggregate prlnclpal amount (not less than $500,000) set forth hereInafter or such lesser amount as the Agency may determIne to be the approved COrom1 tment amount (the II Corron tment Amount" ) . e e 1.2 The Agency agrees to cause the Lender to reserve the Comrn~tment Amount for Loans to qual~f~ed mortgagors (the "Ownerstl) for the rehabllltatlon or acqu~sltlon and rehab~l~tat~on of propertles located Wlth~n the ]urlsdlctlon of and cert~f~ed by the Locallty (the "Pro] ects") . 1.3 If at any t~me the Agency belleves that any port~on of the Commltment Amount wlll not be used durlng the Com~ltrnent Perlod (as herelnafter def~ned), the Agency may In lts sole and absolute dlscretlon reduce the COMnltment &~ount of the Locallty upon wrltten notlce to the Locallty and Lender; provlded, however, that the Agency shall (a) fund all Loans cO~ltted by the Lender durlng the Commltment Perlod prlor to the effectlve date of such notice and (b) promptly return to the Locallty a pro rata portlon of lts Commltment Fee. 1.4 The Locallty may transfer all or a portlon of lts Co~mltment Amount to another locallty wlthln the State of Callfornla (and be relmbursed by such other agency for a pro rata portlon of lts CO~~ltment Fee), provlded that (~) the Agency approves such transfer (WhlCh approval shall not be unreasonably wlthheld) and {ll} such transfer occurs durlng the Commltment Perlod. Sectlon 2 Commltment Period. 2.1 The Cornmltment Amount shall be reserved for Loans origlnated by the Lender durlng a perlod of twelve (12) months from the date of lssuance of the Bonds (the "Colnm~ tment Perlod"). 2.2 The Locallty may request an extenslon of the Commltwent Perlod for up to SlX addltlonal months, WhlCh the Agency may In ltS sole and absolute dlscretlon grant based upon eVldence that Loans wlll be orlglnated during the perlod of the extenSlon and that the extenslon wl1l not lmpalr the securlty for the Bonds. Sect~on 3. Comm::.tment Fee. 3.1 The Locallty shall furnlsh upon delivery of th~s Agreement, cash or an uncond~t~onal, 1rrevocable letter of credlt acceptable to the Agency In an amount equal to three and one-half (3-1/2%) percent of the requested Commltment Amount (the rrCommltment Fee"). If a letter of credlt 15 provlded It wlll be converted to cash at the tlme of sale of the Bonds. 2 e e 3.2 The Agency shall return the Commitment Fee to the Local~ty and th~s Agreewent shall term~nate ~n the event that the Bonds are not sold by November 30, 1983 or the stated ~nterest rate on the Loans w~11 exceed 12 percent. The Agency agrees to return a pro rata share of the Comm~tment Fee to the Locallty ~n the event 1t reduces the Commltment Amount 1n accordance wlth Sect10n 1. 3.3 The Co~~~tment Fee w~ll be used by the Agency 1n conJunct~on wlth the Bonds. The Locallty ~s not ent~tled to any refund or relmbursement of ~ts Co~~tment Fee from the Agency except 1n accordance w~th Sect10ns 1.3, 1.4 or 3.2 above. The Locallty may recover ~ts ComM1tment Fee from appl1cants for Loans or from Owners, but only 1n accordance wlth Sectlon 5.3. Sectlon 4 Loan Terms and Condlt1ons. Loans wlll be orlglnated by the Lender ln accordance wlth the terms and condltlons set forth 1n the Agency's Program GUldellnes, dated August 10, 1983, for 1ts Multlfamlly Rehabllltatlon Program WhlCh Program GUldellnes are 1ncorporated hereln by thlS reference. Sect:r.on 5 ResponSlblllt1es of Local1ty. 5.1 The Locallty agrees to prov1de the Agency w1th the following documents at the tlme of subm1SS10n of th1S Agreement and hereby represents and warrants that the lnformat1on provlded 1n such documents 1S true and correct as of the date of thls Agreement: (a) the Comm~tment Request, the form of wh~ch 1S attached as Exh~b1t A, ldent1fy~ng prospect~ve ProJects, and descr1b1ng the Local~ty's strategy to m1n1rn1ze d1splacementi (b) any program gu1del~nes or related requlrements of the Local~ty whlch wILL be applIcable to Loans; and (c) eVIdence of the authorlty of the offlcers of the Locality executlng thlS Agreement to do so. 5 2 DurIng the Commltment PerIod, the Local1ty agrees to: (a) reV1ew and complete Part IV of the Improvement CertIflcate In the form attached hereto as Append~x E of the Program GUIdelInes for each Loan prIor to approval of the Loan by the Lender; (b) comply WIth Its strategy to m~n1rn1ze dIsplacement descr~bed In Its Comm~tment Request; 3 e e (c) cooperate w~th the Lender ~n assurlng efflclent processlng of Loans and provlde techn~cal assistance to Owners where necessary; (d) provlde the Agency a quarterly progress report 1n the form speclfled ln Appendlx F of the Program GUldel1nes on Loans wlthln 1tS Jur~sdlctlon; and (e) comply wlth the afflrmat~ve action guldellnes set forth In Append1x C of the Program GU1del1nes. 5 3 The Locallty may: (a) ut1llze other resources, such as Sect10n 8 cer~lflcates and Communlty Development Block Grant funds, where approprlate to lnsure the feaslblllty of a ProJect. The speclflc appllcatlon of these resources 1S at the dlscre~lon of the LccalltYi (b) prov1de the Owner a grant or a loan WhlCh 1S subordlnate to the Loan from the Agency. Such subordlnate loan may be a deferred payment loan due upon sale of the property or a loan to be pa~d only from net 1ncome after operatlng expenses of the ProJect and debt service on the Goan. Other forms of loans or sUbS1dy requ1re the prlor approval of the Agency and the Lenderi (c) charge the Owner up to 3-1/2% of the Loan amount to recover the Local1ty's Commltment Fee. Such charge may be pa1d 1n cash at or pr10r to Loan closlng or may be a subordlnate loan ~n accordance wlth S.3(b)i and (d) establlsh addlt10nal restrlctlons on the ProJect not lnconslstent wlth the Program GUldellnes or Regulatory Agreement, 1nclud1ng rent levels and lncome Ilmlts. Any Locallty actlons or requlrements affecting a ProJect under thlS Sectlon 5.3 shall be promptly dlsclosed in wrlt1ng to the Lender pr10r to the Lender's approval of the Loan. 5.4 After Loans are orlglnated, the Locallty shall: (a) rece1ve a copy of and reVlew the Owner's annual cert~f1catlon of compllance wlth the Regulatory Agreement and, If reasonably necessary, obta1n addltlonal lnformatlon to determlne the materlal accuracy of such certlflcatlon. (b) mall the Owner's certlflcatlon after reVlew by the Locallty to the Agency by Aprll 1 of each yeari and notlfy the Agency 1n wr1t~ng wlth1n 5 days lf the Locallty, 4 e e at any t~me, ~s aware that the Owner ~s not ~n compl~ance w1th the Regulatory Agreement. Section 6. ResponSlbllltles of the Asency. 6.1 The Agency shall use ~ts best efforts to sell the Bonds by November 30, 1983. 6.2 The Agency agrees to use lts best efforts to provlde tec~~1cal asslstance to the Locallty upon request to ensure that Loans are made In a tlmely manner and that the Program GUldel~nes are lmplemented. 6.3 The Agency shall monltor the progress of both the Locallty and the Lender at least quarterly and more frequently as approprlate, lncludlng the Locallty's strategy to mlnlIDlze displacement and afflrmatlve actlon efforts. 6.4 The Agency shall reVlew and approve or dlsapprove all Loan requests requlr~ng any amount of reflnanclng or for any ProJect contalnlng nonresldentlal space or for afflrmatlve actlon and prevalling wage compllance for any Loan wlth rehabllltatlon costs of $400,000 or more. Procedures for Loans wlth these condltlons wlll be made available to the Locallty and the Lender and the form for approval is lncluded ln the Improvement Cert1flcate wh~ch is lncluded ln the Program GUldellnes - Appendlx E. Section 7. Inspectlon of Records. The Agency shall have the rlght at any tlme and from tlme to tlme durlng normal buslness hours, and upon flve (5) days notice to the Locallty to examlne any records of the Locallty pertalnlng to the Program. The Agency shall have the right to require the Locallty to furnlsh such documents as the Agency reasonably deems necessary In order to determine co~pllance wlth the prov~slons of tnls CO~Tiltment Agreement and the Program GUldel~nes. Sectlon 8. Arnen~~ent~. The prov1s~ons of th~s Agreement cannot be walved or mod~fled unless such wa~ver or mod1f1cat1on 1S ln wr~t~ng and slgned by all partles to this Commltment Agreement. The Agency may amend the Program GU1dellnes at any t1me by mall~ng to the Locallty changed pages thereof, such amendments to be effectlve ten (10) bUSlness days after the date of malllng thereof, prov~ded, however, that lf any such amendment materlally adversely affects the lnterests of the Locallty hereunder, such amendment may be made as to the Locallty or.ly wlth the wr1tten consent of the Locallty, 5 e e unless such amendment ~s necessary to comply w~th any appl~cable law or to malntaln the exemptlon from lncorne taxes of 1nterest on the Bonds, ln WhlCh case such consent shall not be necessary. Sect~on 9. Severabll1ty. Inval~datlon of anyone of the provlslons of th~s Agreement, by Judgment or court order, shall 1n no way affect any other provlslons hereln contalned, WhlCh proVlslons shall remaln 1n full force and effect. Sect~on 10. Appllcable Law. Th1S Agreement shall be governed by the laws of the state of Callforn1a. Sectlon 11. Asslgnment. ThlS Agreement shall not be asslgnable by ~~e Locallty, 1n whole or 1n part, wlthout the prlor wrltten consent of the Agency, and 1n the event of any attempted ass1gnrnent thereof wlthout such wTltten consent, the Agency may, at lts opt1on, termlnate thlS Agreerrent as to lts obl1gat1on to cause Lender to fund any add~tlonal Loans. Seetlon 12. Successors. Thls Agreement and all obllgatlons and rlghts arls1ng hereunder shall blnd and lnure to the beneflt of the Agency and the Locallty and thelr respectlve successors 1n lnterest and permitted asslgns. Sectlon 13. Counterparts. ThlS Agreement may be executed ln one or more counterparts, each of WhlCh shall be an orlglnal, but all such counterparts shall together constltute but one and the same agreement. 6 tit e IN WITNESS ~~EREOF, the part~es hereto have caused th~s Agreement to be executed by the~r duly author~zed officers as of the dates hereof. REQUESTED COMMITMENT AMOUNT: $ least $500,000). (at [Name of Local~ty] By (S~gnature of Authorlzed Offlcer) (Pr~nted or typewr~tten name of Authorized Off~cer) , 1983 APPROVED COMMITMENT AMOUNT: $ CALIFORNIA HOUSING FINANCE AGENCY By (Tltle) , 1983 7 e e Loca11ty PROJECT INFO. SHEET (Use separate sheet for each pr1or1ty ProJect) SUMMARY Property Address: C1ty: NeJ.ghborhood No. Un1ts. Now: After Rehab: Type of Loan. Rehab: Acq'n-Rehab: Program Loan Amount: $ Term: years PubllC Resources: Sec. 8 Mod Rehab: unlts Sec. 8 EX1stlng: unlts CDBG. $ $ o the r ~ OWNER Name: Type of Organlzatlon: ExperJ.ence: OwnershJ.p: (_ un1ts) Management: ( un1ts) Status: Current Owner: Buyer: RENTS Now After Rehab. Affordable Units Other # Unlts Rent # Unlts Rent Total #' UnHs # Unlts Rent (or Vac) StudlO IBR 2BR 3BR $ $ $ $ s s s s $ S $ S Total $- $ $ 8 e e < . PROJECT COSTS Total: $ $ $ $ $ Uses: Rehab Acqu~s~t~on Reflnanclng* Other ($_ per unlt) Sources: Program Loan $ CDBG $ Cash EqUlty $ Other $ Total: $ PROJECTED CASH FLOWS (~~UAL) Gross Rents - Vacancles (at __%) Net Rents Taxes Utllltles Management Other Oper. Exp. Sub-Total Net Operatlng Income Debt SerVl.ce Program Loan EXlstl.ng 1st Mortgage (If applJ..cable) Other: ( ( ( ) ) yrs at 11%) Sub-total Net Pre-Tax Cash Flow Net Operatlng Income as % of Debt SerVlce % *NOTE: Reflnanclng POllCY In Program GUldellnes slgnlflcantly restrlcts reflnanclng. 9 ~ .. e e Locallty TEFRA HEARING LIST Instructlons: Each locallty must llSt any and all proJects WhlCh may recelve bond proceeds from the Multlfamlly Rehabllltatlon Program on thlS Ilst. No subsequent sustltutlons wlll be allowed. In no way does lncluslon on thls 11st guarantee flnanclng Use addltlonal sheets as approprlate. ProJect Name/Address City Name of Owner Estllllated Loan Amount No. of Unlts 10