Loading...
HomeMy WebLinkAbout1998-07-07; Housing & Redevelopment Commission; Resolution 3001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 la 19 20 21 22 23 24 25 26 27 28 I HOUSING AND REDEVELOPMENT COMMISSION RJZSOLUTION NO. 300 A RESOLUTION OF THE HOUSING AND REDEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE A LOAN AGREEMENT, PROMISSORY NOTE, DEED OF TRUST AND SECURITY AGREEMENT7 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS7 AND MORTGAGE LOAN RIDER BETWEEN THE CITY OF CARLSBAD AND THE CARISBAD LAUREL TREE APARTMENTS, L.P., IN THE AMOUNT OF $700,000 TO ASSIST THE CONSTRUCTION OF 138 APARTMENT UNITS AFFORDABLE TO LOW INCOME HOUSEHOLDS, AND TO APPROVE A REDEVELOPMENT HOUSING FUND ADMINISTRATION AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD REDEVELOPMENT AGENCY TO ALLOW FOR TRANSFER OF FUNDS AND ADMINISTRATION OF THE LOAN BY THE CITY OF CARLSBAD APPLICANT: CARLSBAD LAUREL TREE APARTMENTS. L.P. WHEREAS, the City of Carlsbad has identified a need to provide housing which is affordable to low income households in a variety of different forms; and WHEREAS, a project known as “Laurel Tree Apartments” has been approved for construction which will provide 138 apartment units which will provide housing affordable to low income households on property generally the west side of the future Laurel Tree Road, south of Palomar Airport Road and north of Flame Tree Road; and WHEEAS, the Redevelopment Agency of the City of Carlsbad, hereinafter referred to as “Agency”, is a Community Redevelopment Agency organized and existing under the Community Redevelopment Law, Health and Safety code Section 33000, etseq., hereinafter referred to as the “Act”; and WHEREAS, the Agency is authorized to implement the Redevelopment Plan for the Carlsbad Village Redevelopment Project Area; and WHEREAS, Section 33334.2 of the Act requires that not less than twenty percent (20%) of all taxes which are allocated to the Agency be used for purposes of increasing and improving the community’s supply of low and moderate income housing; and % 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to Section 33334.6(a) of the Act, the legislature declares that the provision and improvement of affordable housing outside of the redevelopment project area can be of direct benefit to those projects in assisting the accomplishment of project objectives whether or not those redevelopment projects provide for housing with the project area; and WHEREAS, to carry out the purposes of increasing and improving the comrnunity7s supply of low and moderate income housing, Section 33334.2(e) of the Act states that the Agency may exercise any or all of its powers, including without limitations, acquiring land or building sites, improving land or building sites with onsite or offsite improvements, donating land to private or public persons or entities, constructing buildings or structures, acquiring buildings or structures, providing subsidies to, or for the benefit of, very low income households, lower income households, or persons or families of low and moderate income, or other powers to carry out the purposes of the Act; and WHEREAS, on June 28, 1994, the Redevelopment agency of the City of Carlsbad authorized the expenditure of $500,000 from the Carlsbad Redevelopment Agency’s Low and Moderate Income Housing Set-aside Fund outside the Redevelopment Project Area for the purposes of providing financial assistance for construction of new affordable rental housing units within the proposed Laurel Tree Project; and WHEREAS, the affordability level and the unit mix of the proposed project are consistent with the City of Carlsbad’s Housing Element objectives, Consolidated Plan, and Inclusionary Housing Ordinance; and WHEREAS, the Housing and Redevelopment Commission did hold a public meeting to consider a request to approve loan and related documents for Agency financial assistance for the construction of the Laurel Tree Project; and; WHEREAS, at said public meeting, upon hearing and considering all testimony, if any, of all persons designing to be heard, said Council considered all factors relating to said request: NOW, THEREFORE, BE IT HEREBY RESOLVED by the Housing and Redevelopment Commission of the City of Carlsbad, California, as follows: -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. 3. 4. 5. The above recitations are true and correct. That the expenditures of monies from the Carlsbad Redevelopment Agency’s Low and Moderate Income Housing Fund for the purposes of providing financial assistance to a new rental housing construction project affordable to very low income households outside the Redevelopment Project Area, in which such funds are generated, are and will be of benefit to the respective Project Area The request for City financial assistance in the amount of $500,000 was previously approved by the Redevelopment Agency of the City of Carlsbad on June 28, 1994 as recorded in Housing and Redevelopment Commission Resolution No. 241. The financial assistance has been determined to be consistent with the goals and objectives of the City of Carlsbad’s Housing Element and Consolidated Plan, the Inclusionary Housing Ordinance, and the Carlsbad General Plan. The Housing and Redevelopment Commission hereby APPROVES the Redevelopment Housing Fund Administration Agreement between the City of Carlsbad and the Carlsbad Redevelopment Agency which will provide for the transfer of $500,000 from the Agency’s Low and Moderate Income Housing Fund to the City of Carlsbad for the purpose of allowing the City to administer a loan to the Laurel Tree project on behalf of the Agency. That based on the information provided within the Housing and Redevelopment Commission Staff Report, the testimony presented during the public meeting of the Housing and Redevelopment Commission, the Housing and Redevelopment Commission hereby APPROVES the Loan Agreement, Promissory Note, Deed of Trust and Security Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, and Mortgage Loan Rider between the City of Carlsbad and Carlsbad Laurel Tree Apartments, L.P., in the amount of $700,000 to assist the construction of 138 apartment units affordable to low and very-low income households. ... ... ... ... -3- # < 1 I < 1( 11 1: 1: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. That the Housing and Redevelopment Commission recommends that the Executive Director or his designee be authorized to execute all documents related to provision of the City assistance, including but not limited to a Loan Agreement, Promissory Note, Deed of Trust and Security Agreement, Regulatory Agreement and Declaration of Restrictive Covenants, Mortgage Loan Rider and Redevelopment Housing Fund Administration Agreement Loan Agreement, Note, and Deed of Trust, in substantially the form presented to the Housing and Redevelopment Commission on July 7, 1998, and subject to review and approval by the City Attorney. PASSED, APPROVED, AND ADOPTED at a special meeting of the Housing and Redevelopment Commission of the City of Carlsbad, California, held on the 7" day of July, 1998, by the following vote, to wit: AYES: Commissioners Lewis, Finnila, Kulchin and Hall NOES: None ABSENT: Commissioner Nygaard ,n A ABSTAIN: None ATTEST: -4-