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HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2020-01RESOLUTION NO. FWHFC-2020-01 FORT WORTH HOUSING FINANCE CORPORATION A RESOLUTION APPROVING A FORGIVABLE LOAN TO NEW LEAF COMMUNITY SERVICES OR AN AFFILIATE FOR THE DEVELOPMENT OF THE QUAIL TRAIL APARTMENTS LOCATED AT 4444 QUAIL TRAIL FOR PERMANENT SUPPORTIVE HOUSING WHEREAS, the City Council of the City of Fort Worth ("City") has adopted development and revitalization of the City's neighborhoods and affordable housing stock as a strategic goal, and City citizens and the City Council have determined that quality accessible affordable housing is needed for moderate, low and very low-income City citizens; WHEREAS, the City Council created the Fort Worth Housing Finance Corporation (the "Corporation") in 1979 pursuant to the Texas Housing Finance Corporations Act, Chapter 394 of the Texas Local Government Code, to facilitate neighborhood revitalization and housing initiatives in the City, including but not limited to issuing tax exempt bonds, developing, rehabilitating and promoting housing, and assisting low to moderate income City citizens in acquiring quality, accessible, affordable housing through lending and construction activities; WHEREAS, in 2008 the City Council adopted Directions Home: Making Homelessness Rare, Short -Term, and Nonrecurring in Fort Worth, Texas within Ten Years as the City's official homelessness plan ("Directions Home'. The City's homelessness plan, implemented by the Directions Home unit of the City Manager's Office, demonstrates the City Council's commitment to ending chronic homelessness in Fort Worth; WHEREAS, the City Council in 2014 appointed a Task Force on Permanent Supportive Housing, and adopted Permanent Supportive Housing Guidelines and Recommendations in 2015 which included support for scattered site, single site and integrated models located near public transportation (City Council Resolutions No 4349-08-2014 and 4459-06-2015); WHEREAS, the Board of Directors of the Corporation (the "Board") and the City Council both adopted Resolutions supporting the Fort Worth Affordable Housing Strategic Plan (Resolution No. FWHFC-2018-07 and Resolution No. 5026-2018); WHEREAS, the affordable housing strategy, now known as the Fort Worth Housing Strategic Framework Plan (the "Strategic Framework Plan"), includes a special focus on the creation of Permanent Supportive Housing for chronically homeless individuals and families as a priority and identifies the Corporation and the City as funders and development partners for the creation of Permanent Supportive Housing units, and recommends guidelines for developers to qualify for City or Corporation funds for Permanent Supportive Housing projects; RESOLUTION NO. FWHFC-2020-01 PAGE 2 WHEREAS, Permanent Supportive Housing ("PSH") involves long term rental assistance and case management for individuals and families who have been homeless for over a year and are _disabled, and Tarrant County needs 1,450 new units of PSH by 2026 to end chronic homelessness; WHEREAS, the Corporation has $5,000,000.00 in a restricted account which began as a result of a refund from certain single family bonds issued by the Corporation in the 1980s and 1990s; WHEREAS, on October 22, 2019, the Corporation approved setting aside the $5,000,000 for forgivable, no interest loans for the development of PSH projects that meet the following criteria: At least 20 PSH units per project No more than $25,000.00 of Corporation funds per PSH unit Foundations/grants to match Corporation funds dollar for dollar Forgivable, no interest loans evidenced by promissory notes and loan agreements, secured by mortgage liens 20-year Performance Period as PSH project Developers to furnish equity Project must be financially viable for entire 20 year Performance Period Project must meet acceptable underwriting criteria including project operations, sources and uses, ownership structure, developer financial strength All loans subject to Board approval; WHEREAS, New Leaf Community Services ("New Leaf') proposes to construct the Quail Trail Apartments, a new PSH development to be located at 4444, Quail Trail on the City's North Side; WHEREAS, the Quail Trail Apartments consist of 48 one -bedroom one -bath units in 12 single story quadraplexes and include a community room, laundry room, and case management offices. The project will provide on -site case management, close proximity to affordable healthcare, shopping, and employment opportunities, and close access to public transit; WHEREAS, the total development cost is $4,744,281, and New Leaf has obtained commitments for $2,790,833.00 of grant funds from First Presbyterian Church, Paulos Foundation, Ryan Foundation, Sid Richardson Foundation, Morris Foundation, Amon Carter Foundation, and North Texas Communities Foundation; WHEREAS, New Leaf has requested a $1,200,000 forgivable, no interest loan from the Corporation for the development; RESOLUTION NO. FWHFC-2020-01 PAGE 3 WHEREAS, City staff has recommended that the City Council approve an award of $500,000 of the City's HOME grant funds from the U.S. Department of Housing and Urban Development ("HUD") in the form of a subordinate forgivable loan for the project; WHEREAS, the Board desires to approve and accept a loan agreement with New Leaf Conuiiunity Services, or an affiliate, for a forgivable loan of $1,200,000, subject to availability of funds, to develop the Quail Trail Apartments, a new permanent supportive housing development; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FORT WORTH HOUSING FINANCE CORPORATION: 1. THAT the Board authorizes the execution and delivery of a loan agreement (the "Loan Agreement") by and between the Corporation and New Leaf Community Services, or an affiliate, for a forgivable loan in the amount of $1,200,000.00, subject to availability of funds (the "Loan"), to construct the Quail Trail Apartments, a new 48-unit permanent supportive housing development located at 4444 Quail Trail, Fort Worth TX 76114 on the terms set forth on Attachment I. 2. THAT Fernando Costa, General Manager of the Corporation, or Victor Turner, Assistant General Manager of the Corporation, or their duly appointed successors, are each authorized to execute and deliver the Loan Agreement for and on behalf of the Corporation along with any related documents or agreements necessary to implement the Loan Agreement or the Loan, and each is authorized to extend, modify and amend the Loan Agreement, the terms of the Loan or the terms of any related documents or agreements, provided any such extensions, modifications and amendments are within the scope of the project, and in conformance with the goals and purposes of the Corporation, as may be amended from time to time. THAT this Resolution takes effect from the date of its adoption. AND IT IS SO RESOLVED. Adopted February 4, 2020. FORT WORM HOUSING FINANCE CORPORATION Allen RESOLUTION NO. FWHFC-2020-01 PAGE 4 ATTACHMENT 1 ATTACHMENT Loan Terms Lender: Fort Worth Housing Finance Corporation Borrower: New Leaf Community Services or an affiliate Project: Quail Trail Apartments Location: 4444 Quail Trail, Fort Worth, TX 76114 Loan Amount: $1,200,000 Origination Fee: None Interest Rate: 0%; default interest rate 6% Amortization: Loan to be forgiven at end of 20 year Performance Period provided Borrower has complied with all Loan terms Loan Term: Begins on date loan documents are executed. Loan matures at end of Performance Period. (Estimated 12 months for construction) Performance Project must be operated as a PSH project for 20 years. Commences Period: on date project is leased up (90% of units for 90 days or other similar measure approved by Lender) Lien Priority: First lien, superior to the City HOME loan Payments: None as long as no default in Loan terms Loan Documents: Loan Agreement, Promissory Note, Deed of Trust, and Guaranty if applicable General Contractor: Acceptable to FWHFC Guarantees: Payment and completion guarantees in form and substance acceptable to FWHFC required from GC during construction period. If personal guarantees are required by FWHFC, must be acceptable to FWHFC in amount, duration, form, and substance Recourse: Non -recourse as to Borrower Grant Match: Grant funds must match FWHFC funds dollar for dollar RESOLUTION NO. FWHFC-2020-01 PAGE 4 ATTACHMENT 1 PAGE 2 Financing: Grants/Fundraising FWHFC Loan $1,200,000 City HOME Loan $500,000 Underwriting: Must establish that project will be financially viable for entire Performance Period. Will include evaluation of ownership structure, project operations, sources and uses of funds including cash flow analysis, developer/project owner's most recent financial statements, and if applicable, financial statements from team members and guarantors Other Conditions: Pay all costs of Loan closing including Lender attorney fees Provide lender's title policy Development must receive/pass Environmental Review Acceptable environmental remediation, if required All financing acceptable to Lender Lien priority acceptable to Lender Approval of final construction plans for project Survey acceptable to Lender Appraisal acceptable to Lender P & P bond or LOC or satisfactory equivalent from General Contractor Receipt of all required governmental approvals Approval of current financial statements from Guarantor Approval of final project budget Borrower counsel opinion in form and content satisfactory to Lender Borrower to furnish acceptable equity Monitoring: Project to' be monitored at least annually for acceptable compliance with appropriate management and operation of a PSH project, Tenants: Tenants occupying the PSH units funded by Lender must be chronically homeless individuals referred through the Tarrant County Continuum of Care Coordinated Entry Reports: Annual audit, copies of all reports to local, state or federal agencies, voucher providers. Any additional reports identified by Lender