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02
City of Pleasanton
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/16/2016
DESTRUCT DATE
15Y
DOCUMENT NO
02
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BACKGROUND <br /> On November 12, 2013, the City Council approved a Disposition, Development and <br /> Loan Agreement ("DDLA") with MidPen Housing which established a scope, timeline <br /> and financing commitment for the development of a 103-unit, phased senior housing <br /> project proposed by MidPen Housing, referred to as "Kottinger Gardens". On June 16, <br /> 2015, City Council approved an increase to the City's loan commitment for the project to <br /> ensure its timely commencement. The DDLA anticipated the transfer of the Kottinger <br /> Place property from the Pleasanton Housing Authority to the City and the subsequent <br /> execution of a ground lease between the City and the Kottinger Gardens owner entity, <br /> "Kottinger Gardens Phase 1 Associates, L.P." Approval of the ground lease and City's <br /> Low Income Housing Fund loan documents will be brought to Council for consideration <br /> at a future meeting. <br /> On October 21, 2014, the Pleasanton Housing Authority's Board of Commissioners <br /> adopted a resolution to pursue approval of an application to HUD to dispose of the <br /> Kottinger Place property to be redeveloped as the first phase of the Kottinger Gardens <br /> project. On February 26, 2015, HUD approved disposition of the Kottinger property from <br /> the Authority to the City contingent upon the parties executing a Disposition Agreement, <br /> Use Agreement and Release of Declaration of Trust. Staff is currently working through <br /> the final conditions from HUD to address the relocation requirements and document the <br /> commitment of project-based vouchers from the Housing Authority of Alameda County <br /> which will provide for the long-term affordability of the residents and ensure that they <br /> are able to move back into the new project. <br /> DISCUSSION <br /> The Disposition Agreement, Use Agreement and Release of Declaration of Trust are <br /> standard HUD-form documents which essentially describe the terms and conditions for <br /> the use of any proceeds received by the Agency from the property sale and establish <br /> restrictions for ongoing use of the property as low-income housing. The City and the <br /> Authority would have ongoing compliance monitoring and reporting requirements under <br /> the Agreements. In the event that the Authority dissolves as planned, the City, as owner <br /> of the property, would assume sole responsibility for compliance monitoring with the <br /> project owner entity/lessee. City Council now needs to authorize execution of the <br /> agreements, with the final forms to be subsequently approved by the City Attorney and <br /> City Manager, and authorize the City Manager to take all steps and execute all of the <br /> necessary documents to effectuate the transfer. <br /> In accordance with the Kottinger Gardens development timeline, the property <br /> disposition is scheduled to take place this month (February), with closing of construction <br /> financing and the immediate relocation of tenants anticipated to follow in March. <br /> Page 2 of 3 <br />
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