RDA Resolution 2011-001RESOLUTION NO. RA 2011 - 001
A RESOLUTION OF THE LA OUINTA REDEVELOPMENT
AGENCY APPROVING A DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE AGENCY
AND CORAL MOUNTAIN PARTNERS, L.P. FOR THE
PROPERTY LOCATED SOUTHEAST OF THE
INTERSECTION OF DUNE PALMS ROAD AND HIGHWAY
111
CORAL MOUNTAIN PARTNERS, L.P.
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the La Quinta Redevelopment Agency ("Agency") is a public
body, corporate and politic, organized and existing under the California Community
Redevelopment Law ("Health & Safety Code § 33000 et seq.) ("CRL"); and
WHEREAS, pursuant to the CRL, the City Council of the City of La Quinta
("City" or "City Council," as applicable) approved and adopted the Redevelopment
Plan ("Redevelopment Plan") for Project Area No. 2 ("Project Area"), on May 16,
1989, by Ordinance No. 139; and
WHEREAS, a fundamental purpose of the CRL is to expand the supply of
low- and moderate -income housing (Health & Saf. Code, § 33071); and
WHEREAS, Agency staff have negotiated a Disposition and Development
Agreement ("Agreement") with Coral Mountain Partners, L.P., a California limited
partnership ("Developer"), pursuant to which (i) the Agency would ground lease to
the Developer certain real property located within the Project Area ("Property") and
provide to Developer financial assistance (the "Agency Assistance") in an amount
up to Twenty -Nine Million Dollars ($29,000,000) from the Agency's Low and
Moderate Income Housing Fund ("Housing Fund"); and (ii) the Developer would
develop on the Property a One Hundred Seventy -Six (176) unit multi -family
affordable housing development restricted for rental to and occupancy by persons
and families of very low-, low-, and moderate -income, at rent levels affordable to
such persons, and certain on -site private improvements and off -site public
improvements necessary to serve the development (collectively, the "Project"), all
as more particularly described in the Agreement
WHEREAS, pursuant to the Agreement, as a condition to Agency's ground
lease of the Property and provision of the Agency Assistance, Developer and
Agency would record against the Property an Affordable Housing Regulatory
Agreement substantially in the form attached to the Agreement, that restricts the
use of the Property, for a period of fifty-five (55) years, as an affordable rental
housing project; and
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 2
WHEREAS, Agency's ground lease of the Property to the Developer would be
pursuant to a ground lease substantially in the form attached to the Agreement that
would provide for Developer to own the improvements during the term of the lease,
with the ownership of the improvements revesting in the City, as the Agency's
successor, at the end of the 55-year term; and
WHEREAS, the Developer would be required to execute a note evidencing its
obligation to repay the Agency Assistance, with such repayment based on the cash
flow generated from Developer's operation of the Project; and
WHEREAS, in the event the Agency Assistance is not fully repaid by the end
of the 55-year term of the ground lease, the term may be extended for up to an
additional twenty (20) years, which would result in an automatic extension of the
term of the Affordable Housing Regulatory Agreement; and
WHEREAS, the Planning Department of the City prepared an Environmental
Impact Report (State Clearinghouse No. 2008101109 (the "EIR") under
Environmental Assessment 2008-600 for, the development of up to 200 affordable
housing rental units. The City Council certified the EIR on the 18" day of May,
2008. The City Council has determined that no subsequent or supplemental EIR is
required because the Project is consistent with, and contemplated by, the EIR, and
none of the events listed in Public Resources Code Section 21166 have occurred;
and
WHEREAS, Pursuant to Health and Safety Code Section 33334.3(j), prior to
an agency's expenditure of funds from its Low and Moderate Income Housing Fund
to fund more than fifty percent (50%) of the cost to develop affordable housing
units, the agency must find that no other commercial or private means of financing
the project at the same level of affordability and quantity are reasonably available to
the developer or agency; and
WHEREAS, the Developer will be seeking low income tax credits and
multifamily housing mortgage revenue bonds to assist with the costs to develop the
Project, in the maximum amounts that will be supported by the Project; and
WHEREAS, despite the availability of the tax credits and housing bonds,
there remains a financing gap for which no other private or commercial funds are
reasonably available to the Agency and/or Developer; and
WHEREAS, Agency staff recommends the Agency Board find and determine
that the provision of the Agency Assistance is necessary because the Developer
has made a good faith attempt but has been unable to obtain commercial or private
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 3
means of financing the Project with the number of units and at the level of
affordability required by the Agreement.
WHEREAS, Health and Safety Code Section 33433 requires that the Agency
prepare a Summary Report to consider the Agency's proposed financial contribution
to the Project as set forth in the Agreement, that the Agency Board and the City
Council conduct a noticed joint public hearing with respect to the Agreement, and
that the approval of the Agreement be accompanied by certain findings and
determinations as set forth herein: and
WHEREAS, a Summary Report for the Agreement has been prepared and the
joint public hearing has been conducted in accordance with applicable requirements
of law; and
WHEREAS, the City Council and the Redevelopment Agency have considered
all the information and evidence set forth in the Summary Report presented by the
City/Agency staff and presented by persons wishing to appear and be heard
concerning the impact of the Agreement on the Project Area and the City as a
whole; and
WHEREAS, the Agreement is in accordance with the Redevelopment Plan
and is of benefit to the Project Area and the City of La Quinta; and
WHEREAS, the Agency Board hereby determines that the Agency's financial
contribution pursuant to the Agreement is necessary to effectuate the purposes of
the Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE LA QUINTA REDEVELOPMENT
AGENCY AS FOLLOWS:
1. That the above recitals are true and correct and incorporated herein.
2. That the Agency Board resolves as follows:
a. The Agency hereby determines that no subsequent or supplemental EIR is
required because the Project is consistent with, and contemplated by, the EIR, and
none of the events listed in Public Resources Code Section 21166 have occurred.
b. The Agreement effectuates the purposes of the Community
Redevelopment Law (Health & Safety Code § 33000 et seq.) and of the
Redevelopment Plan and is in the best interests of the citizens of the City of La
Quinta.
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 4
c. The Agency's lease of the real property identified herein will provide
housing for very low-, low-, and moderate -income persons and is consistent with
the Agency's Five -Year Implementation Plan, based on the findings and conclusions
of the Summary Report, which is incorporated herein.
d. The consideration the Developer will pay for the lease of the real property
to be conveyed by the Agency is not less than the fair reuse value at the use and
with the covenants and conditions and development costs authorized by the lease,
based on the findings and conclusions of the Summary Report.
e. The Developer has made a good faith attempt but has been unable to
obtain commercial or private means of financing the Project with the number of
units and at the level of affordability required by the Agreement.
3. The Agreement, a copy of which is on file with the Agency Secretary, is
hereby approved. The Agency Executive Director and Agency Counsel are hereby
authorized and directed to make final modifications to the Agreement that are
consistent with the substantive terms of the Agreement approved hereby, and the
Agency Executive Director is authorized to thereafter sign said Agreement on behalf
of the Agency.
4. The Agency Executive Director is authorized and directed, on behalf of the
Agency, to (i) sign such other and further documents, including but not limited to
subordination agreements and escrow instructions that require the Agency's
signature, and (ii) take such other and further actions, as may be necessary and
proper to carry out the terms of the Agreement.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta
Redevelopment Agency held this 4th day of January, 2011, by the following vote:
AYES: Agency Members Adolph, Evans, Franklin, Chairperson Henderson
NOES: None
ABSENT: Agency Member Sniff
ABSTAIN: None
i
TERRY NDERSON, Agency Chair
City of Quinta, California
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 5
ATTEST:
VERONICA OOONTECINO, Agency Secretary
City of La 96inta, California
(AGENCY SEAL)
APPROVED AS TO FORM:
KATHERINE JENS", Agency Counsel
r of La Quinta, California
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 6
SUMMARY REPORT
Disposition and Development Agreement
Coral Mountain Partners, L.P.
and the
La Quinta Redevelopment Agency
December 21, 2010 ---
INTRODUCTIONS
_ r
This document is the Summary Report ("Report") for the Disposition and
Development Agreement ("Agreement") by and between Coral -Mountain Partners,
L.P. ("Developer") and the La Quinta Redevelopment Agency" ("Agency"): The
Agreement facilitates a long term ground lease of 9.33 net acres: of property
("Site"), and the development and operation thereon of a 116:> multi -family
residential complex ("Development"). The Site is located east of Dune Palms Road,
south of Highway 111, west of the Costco Center, and north of the Desert Sands
Unified School District's Administrative office. The dwellings will be affordable to
very low-, low- and moderate -income households.
This Report has been prepared pursuant to Section 33433 of the California
Community Redevelopment Law ("CRL") and presents the following:
• A summary of the proposed Development.
• The cost of the Agreement to the Agency.
• The estimated value of the interest to be conveyed, determined at the
highest and best uses permitted by the Agency's Redevelopment Plan.
• An explanation of why the lease of the property pursuant to the Agreement
will assist in the elimination of blight.
THE DEVELOPMENT
City and Agency Housing Mandates
Both the City of La Quinta ("City") and the Agency are mandated by the State of
California to continually seek opportunities to increase and improve the supply of
housing affordable to very low-, low- and moderate -income households. State
Planning Laws mandate that the City pursue a housing mix that accommodates
both local and regional housing demand for affordable dwellings. The CRL provides
that the Agency insure that a minimum of 15% of all new and substantially
rehabilitated dwellings within its redevelopment project areas are affordable to very
low-, low- and moderate -income households, and of these, 40% must be affordable
to very low-income households. If these dwellings are owner occupied, they must
be affordable for 45 years; if they are rental units, they must remain affordable for
55 years.
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 7
The Site
The Site is located in La Quinta Redevelopment Project Area No. 2 ("Project Area
No. 2"), and was part of a larger 19.97 acre parcel. Up until the 1940's, the parcel
was undeveloped; in the 1940's the eastern half of the parcel was converted to
agricultural uses with two accessory structures, likely water tanks. The agricultural
uses were terminated prior to 1974, at which point a trailer park, including a pool
and two permanent structures, was operational in the northern section of the
parcel. However, by 1980, residential occupancy at the trailer park had dwindled,
with only a dozen or so trailers remaining. This minimal population remained until
the early 2000's, when the final trailers vacated the site and all structures were
removed. The Agency purchased the property in 2007 to facilitate the
development of affordable housing and infill commercial development, both of
which are identified as goals in the adopted Redevelopment Plan.
Project Description
Site development is governed by the Highway 111 and Dune Palms Road Specific
Plan 0808-5 ("Specific Plan"). The General Plan designates the Site as Commercial
Park, and the Specific Plan designates the Site as High Density Residential (RH),
which allows up to 16 units per acre. When combined with the 35% density bonus
provided for in LQMC Section 9.60.270, the Site may accommodate 201 units.
The proposed Development will entail 176 one-, two- and three -bedroom units
housed in 11 buildings. The proposed unit mix will be 40 one -bedroom, 82 two -
bedroom, and 54 three -bedroom units. Covered surface parking will be provided as
well as a pool, community room and ample open space areas. The development
will feature modern architecture to compliment the Costco center to the east and
Desert Sands Unified School District facilities to the south. In addition, the
Development is conditioned to construct a two-lane public road along the west and
northern boundaries, and a storm water drainage system that eliminates the need to
reserve property for on -site storm water retention, and will facilitate storm water
drainage into the La Quinta Evacuation Channel. Non -housing set aside funds will
be used to design and construct the storm water drainage system that will serve
the northern commercial parcel.
Affordable Housing Mix
The Developer will be using 4% tax credit financing to fund a portion of the design
and construction costs. In order to qualify for this financing, 174 dwellings will be
affordable to very low- and low-income family households; the remaining 2
dwellings (the on -site manager units) will be affordable to moderate -income
households.
The dwellings will remain affordable to said households for a minimum of 55 years.
In order to accommodate Federal tax requirements, the term of the Agency's
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 8
ground lease may be extended for an additional 20 years (in order to repay the
Agency Loan as described later in this Report). If the lease term is extended, then
the Agreement provides that the dwellings will remain affordable to very low, low
and moderate income households for the extended term of the lease (up to 75
years). Thirty-six units will be affordable to very low-income family households,
138 dwellings will be affordable to low-income family households, and 2 dwellings
will be affordable to moderate -income family households.
In 2010, very low-income is defined as households who earn $22,750 (one person)
to $35,100 (five person); low-income is defined as households who earn $36,400
(one person) to $56,200 (five person); and moderate -income is defined as
households who earn $56,400 (one person) to $84,250 (five person).
THE COST OF THE AGREEMENT TO THE AGENCY
The cost of the Agreement to the Agency will be $39,023,868; $9,347,545 in
land cost (as detailed below), $676,323 in engineering, planning and environmental
expenses (outlined in the Planning Cost section below) and $29,000,000 in project
design and development costs (outlined in the Development Cost section below).
The $29,000,000 of Agency development cost investment will be secured by a
deed of trust that will accrue interest at 1 % ("Agency Loan"); further, the
Agreement provides that the Agency will review and approve all development
budgets as they are refined through the construction bid process, and the Agency
will participate in any cost savings the Developer may achieve through the
construction process. The $29,000,000 of Agency investment will be disbursed as
follows: $2,421,978 to fund predevelopment costs; $5,037,754 to fund costs
associated with securing building permits and to secure the bond financing;
$12,140,412 to fund construction costs once the Development is 50% complete;
and $9,399,857 when the construction financing is converted to permanent
financing.
Per the Agreement, the Agency Loan will be repaid by the Developer through a
combination of the Agency receiving 50% of the residual receipt payments
(revenue that remains after operating costs and debt service payments on the
permanent mortgage), and the value of the Site and the Development at the
conclusion of the Ground Lease. The fee ownership of the Site and Development
will revert to the City once the Ground Lease terminates. Following industry
standards for 4% tax credit transactions, the Agency has agreed to an allocation of
the residual receipt income of 50% to the Agency and 50% to the Developer. The
residual receipt income is projected to be $95,413 in year 3 of operation,
$149,619 in year 10 of operation, $207,177 in year 20 of operation, and
$341,055 in year 55 of operation; the Agency would receive 50% of this income.
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 9
Property Acquisition
The Agency purchased the larger 19.97 acre parcel in 2007 for $20,006,759 or
$23.00 per square foot of land area. Applying the $23.00 per square foot land
cost to the 9.33 acre Site yields a land purchase cost of $9,347,545. Project Area
No. 2 Low- and Moderate -Income Housing Fund revenue was used to fund
acquisition costs of the Site.
Site Planning Costs
Subsequent to acquiring the property, the Agency proceeded to design the required
roadway improvements, commissioned a specific plan, and prepared and processed
an environmental impact report in order to position the commercial and residential
parcels for development. The Agency expended $1,352,646 for the total effort
related to these activities and of this amount $676,323 is allocated to the Site.
Development Costs
The Developer projects final design and construction costs, not including land, of
$50,350,270 or $286,082 per unit. The sources of funds are as follows:
$29,000,000 of Agency Low- and Moderate -Income Housing Fund proceeds,
$13,347,696 of 4% Tax Credit Investor Funds, and a $7,933,689 permanent
mortgage supported by unit rent income.
Source and Cost of Agency Funds
The Agency is using accrued funds from the Agency's Low- and Moderate -Income
Housing Fund. No bond funds or other funding sources have been used to acquire
the Site or finance the site planning activities, nor will bond or other funds be used
to underwrite the $29,000,000 of development costs funded by the Agency.
ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED
The Agency obtained an appraisal from Capital Realty Advisors. This report
identified a value opinion, as of October 25, 2010, of $12.00 per square foot of
land area or $4,876,980 for the Site.
ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINED AT THE
USE AND WITH THE CONDITIONS, COVENANTS AND DEVELOPMENT COSTS
REQUIRED BY THE AGREEMENT
The Agency will be leasing the Site to the Developer. The ground lease payments
will be $1.00 per year until the Agency Loan is repaid; when repaid, the ground
lease payments will be 50% of the residual receipt income.
EXPLANATION OF WHY THE LEASE OF THE PROPERTY PUSUANT TO THE
AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT
Resolution No. RA 2011-001
Coral Mountain Partners
Disposition & Development Agreement
Adopted: January 4, 2011
Page 10
The conveyance of the Site and construction of the Development will address the
following blighting conditions within Project Area No. 2:
• Increase and improve the supply of affordable housing within the community
through the construction and operation of 176 dwellings that will be
affordable to very low-, low- and moderate -income households.
The Development is listed in the Agency's Five Year Implementation Plan.
The Agreement will be the subject of a joint public hearing of the Agency Board and
City Council on January 4, 2011, at 7:00 PM or thereafter in the City Council
Chambers of the City of La Quinta located at 78-495 Calle Tampico, La Quinta,
California.