File #: 21-954    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 9/20/2021 In control: BOARD OF SUPERVISORS
On agenda: 9/28/2021 Final action:
Title: 10:15 A.M. - (Sitting as the Lake County Housing Commission, Board of Housing Commissioners), (a) Consideration of Rural Communities Housing Development Corporation Request to Divest Security and Previous Development Interest in Real Property; and (b) Consideration of Agreement to Develop Affordable Housing (6853 Collier Avenue, Nice, California)
Sponsors: Administrative Office
Attachments: 1. Collier Exhibit A_ Legal Description, 2. Collier Exhibit B_Reso, 3. Collier Exhibit C Reso 2021-38_Collier_Admin, 4. Collier Avenue Exhibit D 2004 DOT Substitution of Trustee and Full Reconveyance - Nice Collier Avenue, 5. Collier Avenue Exhibit E Substitution of Trustee and Full Reconveyance, 6. Collier Exhibit F Termination Owner Participation Agreement, 7. Collier Exhibit G Release and Termination of Affordable Housing Covenant, 8. Collier Avenue Exhibit H Cancellation of Notes - Collier Ave, 9. Collier Avenue Agreement to Develop Affordable Housing - signed (002)

Memorandum

 

 

Date:                                          September 28, 2021

 

To:                                          The Honorable Lake County Board of Supervisors

 

From:                                          Carol J. Huchingson, County Administrative Officer

 

Subject:                     (Sitting as the Lake County Housing Commission, Board of Housing Commissioners), (a) Consideration of  Rural Communities Housing Development Corporation Request to Divest Security and Previous Development Interest in Real Property; and (b) Consideration of Agreement to Develop Affordable Housing (6853 Collier Avenue, Nice, California)

 

Executive Summary:

On April 6, 2021, sitting as the Lake County Housing Commission, your Board adopted Resolution 2021-38 confirming the prior transfer from the former Lake County Redevelopment Agency to the Lake County Housing Authority of certain real property liens, and authorized Chair to sign an assignment for each deed of trust to reflect that transfer. 

 

In addition, on April 6, 2021, your Board authorized the County Administrative Officer or designee to draft a new Agreement for the Lake County Housing Commission to development Affordable Housing at 6853 Collier Avenue, Nice, California (APN: 031-053-220-000) and the associated legal instruments required to divest Lake County’s security interest and pre-existing development restrictions of said real property.

 

The proposed Agreement replaces the Owner Participation Agreement, Affordable Housing Covenant and it also includes the legal instruments required to grant and convey deeds of trust and formally cancel and “forgive” the Lake County Rural Development Agency loans.

 

Rural Communities Housing Development Corporation obligations include:

 

                     Execute the Termination Documents, and to the extent applicable, cause the                      recordation of the Termination Documents against the Property in the Official                      Records.

 

                     Enter into an agreement(s) with Behavioral Health Services (BH) to access                      funding from                      California Department of Housing, the California Housing Finance                      Agency, and any other applicable agencies to develop the Project.

 

                     Use its good faith, commercially reasonable, efforts to secure and utilize federal                      and/or state Low-Income Housing Tax Credits or other applicable funding sources                      to construct, manage and fund long-term maintenance for the Project.

 

                     Repay, in full, the Rural Community Assistance Corporation loan as evidenced by

                     the deed of trust recorded against the Property in the Official Records on August

                     25, 2005, as Instrument No. 2005025282 within ninety (90) days after a Default.

 

                     Convey the Property to the Housing Authority for one dollar ($1.00),                      following: (i) a Default, as set forth below; and (ii) written notice from the Housing                       Authority demanding such conveyance.  In such event, RCHDC shall execute a                      quitclaim deed in favor of the Housing Authority (the "Quitclaim Deed"), and                      the Housing Authority shall accept the Property in its "as is" condition without                      any representation or warranty from RCHDC pursuant to the Quitclaim Deed.

 

                     Use good faith, once the necessary funding is secured, to conduct commercially                      reasonable efforts to complete construction of the Project, and obtain a                      certificate of                      occupancy for the Project, on or before five (5) years after the                      Effective Date.  Project to serve Low Income or Very Low Income households                      meeting the definition of Mental Disorder, Substance Use Disorder, or At Risk of                      Homelessness; provided, however, the Parties agree                      and acknowledge that the                      targeted population of the Project (if any) shall be determined by the financing                      sources secured by RCHDC, and that the Project may be required to be made                      available to any Very Low Income or Low Income households without regard for                      any disability or existing housing status. Failure to meet the obligations of this                      provision shall be a Material Breach and default of this Agreement.

 

Lake County Housing Authority obligations include:

 

                     Grant and convey unto the parties entitled thereto without warranty all the estate                                           and interest derived to the Trustee under that certain Deed of Trust recorded                      against the Property as  Instrument No. 2005009437.

 

                     Grant and convey unto the parties entitled thereto without warranty all the estate                      and interest derived to the Trustee under that certain Deed of Trust recorded                      against the Property as Instrument No. 2009009201.

 

                     Terminate the Owner Participation Agreement dated March 7, 2005 and as                      amended dated June 2, 2009 governing the development of the Property.

 

                     Release and terminate Affordable Housing Covenant recorded against the Property                      on April 7, 2005 as Instrument No. 2005009438.

 

                     Execute the Cancellation and Forgiveness Agreement involving the note dated                      November 1, 2004 for $250,000 and a note dated June 5, 2005 for $998,000. 

                                          

                     BH enters into an agreement with RCHDC to access funding amounts from                      MHSA, NPLH, or other programs implemented by California Department of Housing                      and Community Development, California Housing Finance Agency and any other                      applicable agencies to develop the Project.

Background:  Rural Communities Housing Development Corporation (RCHCD) purchased 3.33 acres of vacant land located at 6853 Collier Avenue, Nice, California.  In 2005, the Lake County Redevelopment Agency (RDA) entered into an Owner Participation Agreement (OPA) with RCHCD to develop a 50 unit affordable housing project. Subsequently, the RDA issued two “forgivable” notes to RCHDC for a total amount not to exceed $1,248,000 to help fund this affordable housing project.

After the dissolution of all Authorities in California in 2012 and the subsequent termination of reimbursable payments to RCHDC, this project stalled due to RCHDC’s inability to obtain additional funding due to the existing liens including the deferred and “forgivable” loans on the property held by the Lake County Housing Authority.

 

                                          RCHDC “Forgivable” Loan                                          March 7, 2005                                          $250,000

                                          RCHDC “Forgivable” Loan                                          June 2, 2009                                                               $998,000

                                Total Loans                                                                                                                                          $1,248,000

                                                                                                                              

                          Loan Note Amount Disbursed to RCHDC before Termination                     $626,872

                                          Loan Note Amount Not Disbursed to RCHDC                                                $621,128

 

Rural Communities Housing Development Corporation (RCHDC) utilized $626,872 of the loan amounts for predevelopment costs such as water impact fees, special district mitigation fees, performance bond deposit, storm water study, fish and game fee, FEMA/CLOMR mitigation fee, architecture and engineering expenses, plan fees, CEQA fees, legal and administrative expenses, land financing fees, and property taxes and insurance, prior to the termination of RDA funds.  The total lien on the property equals $1,248,000 which far exceeds the assessed value by the County of Lake’s Assessor’s Office of $318,634.  RCHCD has attempted and has failed to obtain additional funding because of the existing liens.

 

These collaborative actions by the County, RCHDC and various state and federal agencies will support the development of an affordable housing multi-unit complex for lower income individuals located near public health and behavioral services and public transit in Nice, CA.  Staff recommends approval of the Agreement and the execution of the legal instruments. 

 

If not budgeted, fill in the blanks below only:

Estimated Cost: ________ Amount Budgeted: ________ Additional Requested: ________ Future Annual Cost: ________ 

 

Consistency with Vision 2028 (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: 

 

Approve Agreement to Develop Affordable Housing (6853 Collier Avenue, Nice, California), authoring the Chair to sign it and execute the associated legal instruments required to develop  affordable housing.