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File #: 23-38    Version: 1 Name:
Type: Agreement Status: Agenda Ready
File created: 1/10/2023 In control: BOARD OF SUPERVISORS
On agenda: 1/13/2023 Final action:
Title: 1:00 P.M. - (Continued from January 10, 2023) - (Sitting as the Lake County Housing Commission) - a) Presentation describing the financing and funding sources and relative positions of the lienholders for the Collier Avenue Affording Housing Project; and b) Consideration of the PLHA Loan Agreement, PLHA Deed of Trust, PLHA Promissory Note, PLHA Regulatory Agreement, MHSA/HHAP Loan Agreement, MHSA/HHAP Deed of Trust, MHSA/HHAP Promissory Note, Chase/County Subordination Agreement, County/Sponsor Subordination Agreement, County/DDS Subordination Agreement for the Collier Avenue Housing Project and Termination and Release of Agreement to Develop Affordable Housing
Sponsors: Behavioral Health Services, Housing Commission
Attachments: 1. Lake County - Road Map, 2. Collier - County PLHA Loan Agreement, 3. Collier - County PLHA Deed of Trust, 4. Collier - County PLHA Promissory Note, 5. Collier - County PLHA Regulatory Agreement, 6. Collier - County MHSA-HHAP Loan Agreement, 7. Collier - County MHSA-HHAP Deed of Trust, 8. Collier - County MHSA-HHAP Promissory Note, 9. Collier Apartments - Subordination Agreement (County of Lake), 10. Collier - Subordination Agreement (Sponsor to Lake County Housing Commission), 11. Collier - Subordination Agreement (DDS to Lake County Housing Commission), 12. Original Staff Memo 1-10-23, 13. Collier - Termination and Release of Agreement to Develop Affordable Housing

Memorandum

 

 

Date:                                          January 13, 2023

 

To:                                          The Honorable Lake County Board of Supervisors

 

From:                                          Todd Metcalf, Behavioral Health Services Director

 

Subject:                     1:00 P.M. - (Continued from January 10, 2023) - (Sitting as the Lake County Housing Commission) -  a) Presentation describing the financing and funding sources and relative positions of the lienholders for the Collier Avenue Affording Housing Project; and b) Consideration of the PLHA Loan Agreement, PLHA Deed of Trust, PLHA Promissory Note, PLHA Regulatory Agreement, MHSA/HHAP Loan Agreement, MHSA/HHAP Deed of Trust, MHSA/HHAP Promissory Note, Chase/County Subordination Agreement, County/Sponsor Subordination Agreement, County/DDS Subordination Agreement for the Collier Avenue Housing Project and Termination and Release of Agreement to Develop Affordable Housing

 

Executive Summary:

The attached documents represent the final step in executing the Collier Avenue Housing project, prior to breaking ground. The Department and project partners will present the project and these documents. Of note, the County Housing Authority’s loan is a non-recourse loan. A non-recourse loan permits the lender to seize only the collateral specified in the loan agreement, even if its value does not cover the entire debt. Here, the collateral is the Collier Avenue property. If there is a balance due after selling the asset collateralized with the loan, the lender must take the loss. It has no claim on the borrower’s other funds, possessions, or income.

 

Attached to this item is a presentation providing a high-level overview of the project, detailing all funding sources and oversight of the project. This will include a description of how Low Income Housing Tax Credits are being leveraged to finance the project.

 

 

If not budgeted, fill in the blanks below only:

Estimated Cost: __N/A__ Amount Budgeted: _ N/A__ Additional Requested: _ N/A__ Future Annual Cost: __ N/A__ 

 

Purchasing Considerations (check all that apply):                                           Not applicable

Fully Article X. <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI>- and/or Consultant Selection Policy <http://lcnet.co.lake.ca.us/Assets/Intranet/Policy/Policies+$!26+Procedures+Manual/Ch4_2021v2.pdf>-Compliant (describe process undertaken in “Executive Summary”)                     

Section 2-38 <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH2AD_ARTXPU_S2-38EXCOBI> Exemption from Competitive Bidding (rationale in “Executive Summary,” attach documentation, as needed)                     

For Technology Purchases: Vetted and Supported by the Technology Governance Committee <http://lcnet.co.lake.ca.us/Assets/Intranet/Intranet+Forms/Information+Technology/AdvPlan.pdf> (“Yes,” if checked)

Other (Please describe in Executive Summary)

 

Consistency with Vision 2028 <http://www.lakecountyca.gov/Government/Directory/Administration/Visioning/Vision2028.htm> (check all that apply):                                                                Not applicable

Well-being of Residents                                           Public Safety                                                                Disaster Prevention, Preparedness, Recovery                     

Economic Development                                           Infrastructure                                                                County Workforce                     

Community Collaboration                      Business Process Efficiency                      Clear Lake                                                               

 

Recommended Action:  a) Presentation

b) Approve the PLHA Loan Agreement, PLHA Deed of Trust, PLHA Promissory Note, PLHA Regulatory Agreement, MHSA/HHAP Loan Agreement, MHSA/HHAP Deed of Trust, MHSA/HHAP Promissory Note, Chase/County Subordination Agreement, County/Sponsor Subordination Agreement, County/DDS Subordination Agreement for the Collier Avenue Housing Project and Termination and Release of Agreement to Develop Affordable Housing