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City of Pleasanton
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2009
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12/9/2009 11:54:17 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/15/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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developer) will take control of the development and form a new ownership entity with perhaps <br /> new financing to maintain the development. As is typical of these processes, the limited partner <br /> (the corporate tax credit investor) also has an option to retain its ownership role. However, due <br /> to the financial liability of affordable housing projects, this option is not typically financially <br /> desirable and the option is rarely exercised. However, the limited partner may require some <br /> amount of payment to not exercise its option. In affordable housing developments occurring <br /> more recently, the partnership documents may contain language outlining withdrawal terms and <br /> as a result this matter is addressed early in the process. <br /> While the ownership agreements and transfer processes for Ridge View Commons is consistent <br /> with typical tax credit arrangements, our Ground Lease gives the City the right to obtain <br /> ownership of the project after the 15 year term provided it is allowable by HUD and provided <br /> the project adheres to all rent affordability requirements. While a final determination would not <br /> be made by HUD until later in the process, there is a general understanding by all parties, that if <br /> requested, City ownership would be approved. <br /> In response to the available ownership options (basically some form involving either /or Eden or <br /> the City), staff has met with Eden Housing to discuss alternatives and process. Based on these <br /> discussions, the following three ownership options have emerged. <br /> Potential Ridge View Commons Ownership Options <br /> Option I Eden Housing Continues as Owner <br /> This option is most similar to the current arrangement except that Eden will most likely <br /> form a new ownership entity controlled by Eden, that would operate the development in <br /> accordance with the Ground Lease and other regulatory requirements. The City would <br /> continue its role of overseeing property management and providing project financial <br /> support. This option provides a number of advantages including access to Eden's <br /> property management capacity, some protection from liability, "political" distance from <br /> major resident issues, and Eden's overall experience in managing and financing the <br /> development. This option would require an annual fee to be paid to Eden for its services. <br /> Option II Develop a Hybrid Ownership with the City and Eden Acting as Joint <br /> Owners <br /> With this option, Eden would acquire the property and modify the current ownership <br /> structure so that the City would have representation on the board of the non profit owning <br /> the development. This option has many of the advantages noted in Option I, with the <br /> additional benefit of the City having a role with the non -profit board. However, due to the <br /> limited role of the non profit overseeing this development, this role would be somewhat <br /> limited and in a practical sense, Eden's role would be similar to Option I. Further, staff is <br /> concerned that this board's role may conflict with the role of the City Housing <br /> Commission. <br /> SR:04:049 <br /> Page 3 <br />
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