Aurora, Illinois

File #: 15-01135    Version: 2 Name:
Type: Resolution Status: Passed
File created: 12/24/2015 In control: City Council
On agenda: 2/23/2016 Final action: 3/8/2016
Title: A Resolution Authorizing Execution of an Amendment to a Development Agreement for a HOME Program Loan Between the City of Aurora and VeriGreen Development, LLC (DBA Aurora St. Charles Senior Living L.P.) for a Senior Housing Development in the City of Aurora.
Attachments: 1. IHDA Loan Term Extension Request - Aurora St Charles HOME Loan.pdf, 2. Aurora Development Agreement 12-16-15.pdf, 3. 40-year Loan Term Amendment.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Daniel Barreiro, Chief Community Services Officer

 

DATE:                     February 12, 2016

 

SUBJECT:

A Resolution Approving the Execution of an Amendment to a Development Agreement for a HOME Program Loan Between the City of Aurora and VeriGreen Development, LLC (DBA Aurora St. Charles Senior Living L.P.) for a Senior Housing Development in the City of Aurora.

 

PURPOSE:

To amend a HOME Development Agreement with Aurora St. Charles Senior Living L.P., LLC to extend the loan term from thirty (30) years to forty (40) years.

 

 

BACKGROUND:

The proposed loan term amendment has been requested by the Illinois Housing Development Authority so that the City's subordinate 30-year loan term is coterminous with IHDA's first mortgage loan ($2,975,000.00) term of 40 years.

 

DISCUSSION:

The Aurora St. Charles Senior Living project involves the acquisition and rehabilitation of the former St. Charles Hospital located at 400 E. New York St. The project’s total development cost is approximately $22 million and has been funded by a private first mortgage, federal and Illinois state historic tax credits (River Edge Redevelopment Zone credits), Low Income Housing Tax Credits from IHDA, and deferred developer fee. Approximately 25% of the financing for this project is coming from additional State Historic Tax Credits made possible through the River Edge Redevelopment Zone (RERZ). In order to receive these vital tax credits, the developer needs to have a Certificate of Occupancy by the December 31, 2016 expiration of the RERZ program. In order to allow enough time for the construction schedule as per the RERZ deadline, all funding components officially closed on December 18, 2015.

 

Through the Development Agreement, the City committed $500,000 (2014: $392,304.74 and 2015: $107,695.26) in HOME Entitlement funds to the project.

 

On November 25, 2015, the City received a request from IHDA to make the City's 30-year loan term coterminous with IHDA's 40-year loan as this is a requirement for loans that are subordinate to IHDA's.  However, with respect to the project's RERZ tax credit time sensitivities, IHDA deferred the City Council approval of the loan term amendment with VeriGreen post-closing, and staff seeks retroactive approval for this loan term extension.

 

Funding will be available in the City Budget, through budget amendments to program account 213-1330-801-44-33.

 

IMPACT STATEMENT:

This projects meets the priority goals of the City’s Consolidated Plan for Federal Funding, particularly a need to provide senior housing.  The Project will also allow the City to report the creation of 12 affordable senior housing units to HUD. Although the loan term will be extended, this will not create any additional cost to the City.

 

 

RECOMMENDATIONS:

That the City Council approve the attached Resolution Approving the Amendment to the Development Agreement for a HOME Program loan between the City of Aurora and VeriGreen Development, LLC (d/b/a Aurora St. Charles Senior Living L.P.) to extend the loan term from thirty (30) years to forty (40) years, and further, that the Mayor and Chief Community Services Officer are hereby authorized to sign all contracts and documents associated with said Development Agreement.

 

 

cc:                     Alderman O’Connor, Chairman
                     Alderman Mervine
                     Alderman Bohman
                     Alderman Mesiacos, Alternate

 

 

CITY OF AURORA, ILLINOIS

 

RESOLUTION NO. _________

DATE OF PASSAGE ________________

title

A Resolution Authorizing Execution of an Amendment to a Development Agreement for a HOME Program Loan Between the City of Aurora and VeriGreen Development, LLC (DBA Aurora St. Charles Senior Living L.P.) for a Senior Housing Development in the City of Aurora.

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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and

 

WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and

 

WHEREAS, the City of Aurora has initiated numerous community development and

housing activities through funding by the U. S. Department of Housing and Urban Development; and

 

WHEREAS, the City of Aurora has a Consolidated Plan and Annual Action Plan which

have been adopted by the City Council and which have defined priorities for CDBG and HOME funding; and

 

WHEREAS, the HOME Investment Partnership Act guidelines established that the City would enter into an agreement with Developers to assist the City in implementing its programs in an effective and efficient manner; and

 

WHEREAS,  the City approved a Development Agreement for a HOME Program loan between the City of Aurora and VeriGreen Development, LLC (d/b/a Aurora St. Charles Senior Living L.P.) for senior housing development through the rehabilitation of twelve low-income senior housing rental units via Resolution Number R15-287 on October 13, 2015; and

 

WHEREAS, the St. Charles Senior Living Project has been funded through multiple sources, including an Illinois Housing Department Authority (IHDA) loan; and

 

WHEREAS, the City of Aurora's HOME loan is subordinate to IHDA's loan; and

 

WHEREAS, on November 25, 2015 IHDA requested that the City amend its original 30-year loan term with VeriGreen Development LLC to match IHDA's 40-year loan term; and

 

WHEREAS, on December 16, 2015, the City of Aurora and VeriGreen Development, LLC have previously agreed to a HOME Development Agreement, which both parties desire to make coterminous with IHDA's loan term; and

 

WHEREAS, this Developer Agreement authorized a loan of $500,000 in HOME Investment Partnership Act funds, and the 2016 City Budget for the HOME program provides for this item in account 213-1330-801-44-33.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: Resolution Authorizing the Amendment to the Development Agreement for a HOME Program Loan Term Between the City of Aurora and VeriGreen Development, LLC (DBA Aurora St. Charles Senior Living L.P.) for a Senior Housing Development in the City of Aurora and extends the City's HOME loan term from thirty (30) years to forty (40) years.