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HomeMy WebLinkAboutRP 82-03; Jefferson Senior Housing; Redevelopment Permits (RP) (2)September 10, 1990 TO: FILE FROM: Housing & Redevelopment Director REGARDING: SUBORDINATION AGREEMENT ON JEFFERSON HOUSE I PROPERTY In mid August, 1990, the Housing & Redevelopment Office received a request to subordinate a Deed of Trust on Jefferson House I as it was being sold by Jefferson House (Rick Engineering & Bob Ladwig) to Capitol Growth Properties. The Deed of Trust had been subordinated originally in Dec. 1983 and again in July, 1987 when it was refinanced. The original recorded Promissory Note, Subordination Agreement, and Deed of Trust for the Dec. 1983 transaction along with the necessary Agenda Bill and Resolution were located at the City Clerk's Office. The recorded Subordination Agreement for July 1987 was not in the Clerks file but with Security Pacific Bank - the lender. A copy was requested for our files and no Agenda Bill nor Resolution was located giving authorization to execute this document. HISTORY The City of Carlsbad has held a Subordinated Deed of Trust agreement with Jefferson House, a General Partnership, since December of 1983 for the purpose of securing a senior housing project. This Subordination Agreement is secured by a Promissory Note in the amount of $765,440. This is consistent with Section 21.18.045 of the Carlsbad Municipal Code and insures that the owner constructs, operates and maintains the property described in the Subordination Agreement as a Senior Citizens Project. If the owner fails to abide by the terms of the Subordination Agreement, $765,440 plus ten percent (10*/.) per annum simple interest from the date of the original Promissory Note (Dec. 1983) will be due and payable to the City of Carlsbad. The equity position required by the City for changing the zoning from 20 du/acre to 75 du/acre and decreasing parking requirements from 72 to 24 spaces is delineated in Section 21.18.045 of the Carlsbad Municipal Code, the exact figure determined by the City Manager and the Developer, and approved by the City Attorney. The Project Differential was derived as follows: Size of parcel 28,000 sq ft. Size need for 48 units 104,544 sq ft. (@ 20 units/acre) Difference times Value Per sq ft. = Note 76,544 X $10.00 = $ 765,440 The total market value of the property ($2,495 Million) versus the total of the 1st Trust Deed and the Subordination Agreement plus interest ( $2,957,624 ) has given cause for alarm and reason to redetermine the City's position. Please note the following: 1st Trust Deed Subord. Agr. Agr + Int 1983-84 $ 1,100,000 $ 765,000 1987 1,352,000 765,000 $ 1,120,680 Sept. 1990 1,500,000 765,000 1,457,624 TOTAL MARKET VALUE SEPT. 1990 * 2,495,000 If the buyer defaults on the 1st Trust Deed or fails to abide by the provisions identified in RP-CUP 82-3 there will be inadequate funding available to pay off the Subordinated agreement, a potential loss of $462,624 or greater. A review of the Housing Authority's files reveals that currently twenty-three (23) units at Jefferson House I are rented to Section 8 Certificate recipients (low income households). Further the total rents charged for these units ranged from $455 - $485 per month, well within HUD's Fair Market Rents for one bedroom units. The matter has been discussed with the City Manager, City Attorney, and the Community Development Director. The Community Development Director is now handling the matter. KATHY GRAHAM KG:LH: TSo U rs ~D ru^ m rri i,<v, J _ v >^ i ch.else, J^^'-t^lJ^-tl U,^a^^, properties, inc. JOHN E. MICHAELSEN PRESIDENT September 7, 1990 Mr. Marty Orenyak Director of Community Deveiopment CITY OF CARLSBAD FAX - 438-0894 RE: Promissory Note in Favor of the City of Carlsbad on Jefferson House I Apartments 3090 Jefferson Street Carlsbad, California Dear Mr. Orenyak, I am the General Partner of the buying entity that is Purchasing Jefferson House I Apartments. This letter is to make you aware that I have reviewed all the documents relating to the Note, fully understand my obligations as the new owner and agree to be bound by the terms and conditions bf the Note, Deed of Trust, Exhibit A to the Deed, Section 21.18.045 of the Carlsbad Municipal Code and Conditional Use Permit 82^3. I understand that the amount of the Note is $765,440 plus interest from the date of origination in 1983. I understand that no payment shall be required on the Note exempt as provided in paragraphs 1 and 2 of Exhibit A, Additional Provisions to Subordinated Deed of Trust. I understand that in the operation of the project I must comply with Section 21.18.045 of the Carlsbad Municipal Code in all respects. I have carefully reviewed Exhibit A and Code Section 21.18.045, and I fully understand and agree to comply. TEL: (619) 454-8857 FAX: (619) 454-3257 1120 SILVERADO STREET LA JOLLA, CALIFORNIA 92037 Mr. Marty Orenyak September 7, 1990 Page Two I am involved as a General Partner in two other apartment properties in Carlsbad, namely Laguna Palms and Carlsbad Coast Apartments. We are excited about being involved with a third project and specifically a seniors apartment. Your acceptance of this letter acknowledges that the proj eat is now in full compliance with Section 21.18.045 of the Carlsbad Municipal Code. The Buyer and Seller are anxious to close this transaction as quickly as possible and I hope this letter will allow you to help us in that regard. I appreciate your help and look forward to working with your office in the future. Please call with any questions that you may have. Sincerely, m £ k Michaelsen President JEM/dmm