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HomeMy WebLinkAbout23846 RESOLUTION NO. 23846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, APPROVING REPAYMENTS TOWARD A LOAN MADE BY THE CITY OF PALM SPRINGS IN THE AMOUNT OF $1,500,000. The City Council of the City of Palm Springs, acting solely in its capacity as Housing Successor Agency, finds: A. On June 15, 2011, the Community Redevelopment Agency of the City of Palm Springs (Redevelopment Agency) approved an Owner Participation Agreement (OPA) with an affordable housing developer (Developer) for the development of 23 low and moderate income housing units with rents between 30% and 60% of area median income (Housing Project). B. The approval of the OPA included approval of a related loan (Developer Loan), including a Promissory Note, Deed of Trust, and a Regulatory Agreement. C. The funds used were on deposit in the Low and Moderate Income Housing Fund (Housing Fund) to make the Developer Loan on August 3, 2011 to coincide with the closing of escrow for the Housing Project. D. The Housing Project was and is a qualified expenditure of low- and moderate-income housing fund moneys under the Health and Safety Code having been approved prior to the effective date of the Dissolution Act. E. The City is the successor entity relating to the Redevelopment Agency's former low- and moderate-income housing functions (Housing Successor) funded by amounts deposited into the former Housing Fund. F. The City approved a loan of $1,500,000 (Loan) to the Successor Agency on November 20, 2013 for the purpose of funding the required DDR payment as it specifically relates to the Housing Project. G. The City considers the $1,500,000 Loan as an advance of funds for the purpose of funding the Housing Project and now desires that the Housing Successor reimburse it for such advance, which was used for a legitimate low- and moderate- income housing activity. H. The Developer Loan at all times was a proper expense of the former Housing Fund for a qualified low- and moderate-income housing project and would be a proper expense of the Housing Successor under the California Health and safety Code. Resolution No. 23846 Page 2 NOW, THEREFORE, the City Council, acting solely in its capacity as Housing Successor Agency, resolves: SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference. SECTION 2. Reimbursement to General Fund. The Housing Successor shall reimburse the General Fund for the advance of funds in the amount of $600,000 during Fiscal Year 2014-15 and $900,000 and all accrued interest during Fiscal Year 2015-16. SECTION 3. Effective Date. This resolution shall take effect immediately upon its passage and adoption. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ACTING SOLELY IN ITS CAPACITY AS HOUSING SUCCESSOR AGENCY, THIS 17T" DAY OF JUNE, 2015. DAVID H. REA ANAGER ATTEST: MES THOMPSON, CITY CLERK ' CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23846 is a full, true and correct copy, and was dulr adopted at a regular meeting of the City Council of the City of Palm Springs on the 17 " day of June, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. _may ES THOMPSON, CITY CLERK City of Palm Springs, California