(a) Approve a settlement and authorize the City Attorney to execute a Settlement Agreement and Release to settle the case of Licking v. City of San Jose. Settlement includes $2,096,000 for purchase of property for the Route 101/Mabury interchange, a leaseback of the property to the sellers for a nominal amount and payment for loss of goodwill to be determined by binding arbitration from the Building and Structure Construction Tax Fund or other legally available funds.
(b) Adopt the following Appropriation Ordinance amendments in the Building and Structure Construction Tax Fund (429):
(a) Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (Belovida at Newbury Park Senior Apartments), Series 2009A" in an aggregate principal amount not to exceed $26,200,000 (the "Bonds");
(b) Approving a loan of Bond proceeds to Belovida at Newbury Park, L.P., a California limited partnership created by CORE Affordable Housing, LLC and EAH, Inc., to finance the construction of the Belovida at Newbury Park Senior Apartments located at 1777 Newbury Park Drive in San José;
(c) Approving in substantially final form the Bonds, Trust Indenture, Loan Agreement, and Regulatory Agreement and Declaration of Restrictive Covenants;
(d) Authorizing the City Manager, Director of Finance, Assistant Director of Finance, Treasury Division Manager, Debt Administrator, and Director of Housing, or their designees, to execute and, as appropriate, to negotiate, execute and deliver these Bond documents and other related Bond documents as necessary; and
(e) Approving a change in the project's income restrictions, related to units restricted to extremely low-income and very low-income households, to 48 units restricted to households at or below 30% of Area Median Income ("AMI"), 136 units restricted to households at or below 50% of AMI, and one unrestricted manager's unit.
CEQA: Mitigated Negative Declaration, File No. PDC07-015. Council District 3. (Housing/Finance)
RECOMMEND DEFERRAL TO 11/3/09 PER ADMINISTRATION
(a) Approval of a waiver of the Sunshine posting requirements and, if Sunshine posting requirements are waived:
(b) Approval of an Amendment to Reimbursement Agreements with JP Morgan Chase Bank, NA to extend the term of letters of credit relating to the Agency's Merged Area Redevelopment Project Taxable Revenue Bonds, 2003 Series A and Merged Area Redevelopment Project Revenue Bonds, 2003 Series B and the Agency's Merged Area Redevelopment Project Revenue Bonds, 1996 Series A & B; requiring the redemption of approximately $5,300,000 in 1996 and/or 2003 Bonds, increasing fees by approximately $1,200,000 per year and imposing certain other restriction on the issuance of senior obligations; and,
(c) Adoption of a resolution approving an adjustment to the FY 2009-10 Adopted Capital Budget Financing/Non-Project Costs to add $5,300,000 to Debt Service to pay down principal of 1996 Bonds Series A and B and to add $1,200,000 to Letter of Credit Fees; and amending the FY 2009-10 Agency appropriations resolution.
CEQA: Not a project. [MERGED]
4 NEIGHBORHOOD IMPROVEMENT STRATEGIES
5 HOUSING
6 PUBLIC FACILITIES AND SPACES
7 PRIVATE DEVELOPMENT
(a) Approve a settlement and authorize the City Attorney to execute a Settlement Agreement and Release to settle the case of Licking v. City of San Jose. Settlement includes $2,096,000 for purchase of property for the Route 101/Mabury interchange, a leaseback of the property to the sellers for a nominal amount and payment for loss of goodwill to be determined by binding arbitration from the Building and Structure Construction Tax Fund or other legally available funds.
(b) Adopt the following Appropriation Ordinance amendments in the Building and Structure Construction Tax Fund (429):
(a) Authorizing the issuance of tax-exempt multifamily housing revenue bonds designated as "City of San José Multifamily Housing Revenue Bonds (Belovida at Newbury Park Senior Apartments), Series 2009A" in an aggregate principal amount not to exceed $26,200,000 (the "Bonds");
(b) Approving a loan of Bond proceeds to Belovida at Newbury Park, L.P., a California limited partnership created by CORE Affordable Housing, LLC and EAH, Inc., to finance the construction of the Belovida at Newbury Park Senior Apartments located at 1777 Newbury Park Drive in San José;
(c) Approving in substantially final form the Bonds, Trust Indenture, Loan Agreement, and Regulatory Agreement and Declaration of Restrictive Covenants;
(d) Authorizing the City Manager, Director of Finance, Assistant Director of Finance, Treasury Division Manager, Debt Administrator, and Director of Housing, or their designees, to execute and, as appropriate, to negotiate, execute and deliver these Bond documents and other related Bond documents as necessary; and
(e) Approving a change in the project's income restrictions, related to units restricted to extremely low-income and very low-income households, to 48 units restricted to households at or below 30% of Area Median Income ("AMI"), 136 units restricted to households at or below 50% of AMI, and one unrestricted manager's unit.
CEQA: Mitigated Negative Declaration, File No. PDC07-015. Council District 3. (Housing/Finance)
RECOMMEND DEFERRAL TO 11/3/09 PER ADMINISTRATION
(a) Approval of a waiver of the Sunshine posting requirements and, if Sunshine posting requirements are waived:
(b) Approval of an Amendment to Reimbursement Agreements with JP Morgan Chase Bank, NA to extend the term of letters of credit relating to the Agency's Merged Area Redevelopment Project Taxable Revenue Bonds, 2003 Series A and Merged Area Redevelopment Project Revenue Bonds, 2003 Series B and the Agency's Merged Area Redevelopment Project Revenue Bonds, 1996 Series A & B; requiring the redemption of approximately $5,300,000 in 1996 and/or 2003 Bonds, increasing fees by approximately $1,200,000 per year and imposing certain other restriction on the issuance of senior obligations; and,
(c) Adoption of a resolution approving an adjustment to the FY 2009-10 Adopted Capital Budget Financing/Non-Project Costs to add $5,300,000 to Debt Service to pay down principal of 1996 Bonds Series A and B and to add $1,200,000 to Letter of Credit Fees; and amending the FY 2009-10 Agency appropriations resolution.
CEQA: Not a project. [MERGED]
4 NEIGHBORHOOD IMPROVEMENT STRATEGIES
5 HOUSING
6 PUBLIC FACILITIES AND SPACES
7 PRIVATE DEVELOPMENT