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HomeMy WebLinkAboutResolution Fort Worth Housing Finance Corporation (FWHFC) FWHFC-2024-11RESOLUTION NO. FWHFC-2024-11 FORT WORTH HOUSING FINANCE CORPORATION RESOLUTION AUTHORIZING THE FORT WORTH HOUSING FINANCE CORPORATION OR AN AFFILIATE TO ACQUIRE LAND LOCATED AT 4909 & 5003 E LANCASTER AVE AND 4900 & 4808 NORMA ST FOR THE DEVELOPMENT OF PALLADIUM E LANCASTER APARTMENTS AND TO ENTER INTO A LONG-TERM GROUND LEASE WITH PALLADIUM E LANCASTER AVENUE, LTD. WHEREAS, the City Council of the City of Fort Worth ("City") created the Fort Worth Housing Finance Corporation (the "Corporation") in 1979 pursuant to the Texas Housing Finance Corporations Act, to facilitate 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 residents in acquiring quality, accessible, affordable housing through lending and construction activities; WHEREAS, the Board of the Corporation (the "Board") has been asked to approve an agreement with Palladium USA, Inc., a Delaware corporation, or an affiliate ("Palladium"), to develop the Palladium E Lancaster Apartments, an approximately 243-unit multifamily housing development to be located at 4909 & 5003 E Lancaster and 4900 & 4808 Norma St (the "Project"); WHEREAS, Palladium is applying for Non -Competitive (4%) Housing Tax Credits and multifamily revenue bonds from the Texas Department of Housing and Community Affairs ("TDHCA") to finance a portion of the costs of the Project; WHEREAS, the Corporation has been asked to participate in the Project and ratify the formation of PFW E Lancaster Avenue GP, LLC, a Texas limited liability company (the "GP"), a single purpose entity owned by the Corporation serving as general partner of Palladium E Lancaster Avenue, Ltd., a Texas limited partnership (the "Partnership"), that will own the Project; WHEREAS, the Board has also been asked to approve various actions relating to the creation and operation of the GP and other actions necessary for the development of the Project; WHEREAS, the Corporation will own the GP; WHEREAS, the Corporation, which shall for all purposes of this resolution include the Corporation or a duly created affiliate, intends to acquire from Palladium or directly from the current land owner 7.95 acres of land (the "Land") on which the Project will be constructed and operated; WHEREAS, the Corporation desires to acquire fee ownership of the Land and, as Landlord, desires to enter into a Ground Lease with the Partnership whereby the Partnership will have a tenant's leasehold estate in the Land; RESOLUTION NO. FWHFC-2024-11 PAGE 3 resolutions (collectively, the "Closing Documents"), and the Closing Documents in each and every respect are approved and authorized; FURTHER RESOLVED, that Fernando Costa, the General Manager of the Corporation, or any duly authorized Assistant General Manager or Interim Assistant General Manager of the Corporation, or their duly appointed successors, or in the absence of such officer, any other duly elected officer of the Corporation (each, the "Executing Officer"), are each hereby fully authorized to negotiate and approve the terms of and to execute and deliver the Closing Documents and other documents for and on behalf of the Corporation; FURTHER RESOLVED, that the Executing Officer is hereby authorized and directed for and on behalf of, and as the act and deed of, the Corporation to take such other action in the consummation of the transactions herein contemplated and to do any and all other acts and things necessary or proper in furtherance of the transactions contemplated by these resolutions, as the Executing Officer shall deem to be necessary or desirable, and all acts heretofore taken by the Executing Officer to such end are hereby expressly ratified and confirmed as the acts and deeds of the Corporation; FURTHER RESOLVED, that all of the actions, documents, correspondences, recordings, instruments, or other writings that are necessary, advisable, or desirable in order to carry out the foregoing resolutions, and for the conveyance and leasing of the Land, and the development of the Project, for and on behalf of the Corporation, its approval of each to be conclusively evidenced by its execution thereof, are hereby approved; FURTHER RESOLVED, that, to the extent any of the actions authorized by these resolutions have already been taken by the Corporation or Fernando Costa, Amy Connolly, or any other duly authorized Assistant General Manager or Interim Assistant General Manager, such actions are hereby ratified and confirmed as valid actions of the Corporation, effective as of the date such actions were taken. These resolutions shall take effect on the date of their adoption. RESOLUTION NO. FWHFC-2024-11 PAGE 4 AND IT IS SO RESOLVED. Adopted May 21, 2024 FORT WORTH HOUSING FINANCE CORPORATION BY: Carlos Flores President Attest: Jannette S. Goodall