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HomeMy WebLinkAboutReso 68-19 Approving Amendments to Project Agreements for Wicklow Square Senior Housing RESOLUTION NO. 68 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO PROJECT AGREEMENTS FOR WICKLOW SQUARE SENIOR HOUSING WHEREAS, the City Council has approved Agreements in 2004 by and between the City of Dublin (the "City"), and Dublin Senior Limited Partnership (Developer); and WHEREAS, Developer is an affiliate of Eden Housing Inc., and is controlled by the same board of directors; and WHEREAS, City and Developer have entered into a "Ground Lease," dated as of February 1, 2004. Pursuant to the Ground Lease, City has leased to Developer that certain real property located at 7606 Amador Valley Boulevard in the City of Dublin, California (the "Property"); and WHEREAS, City and Developer have entered into an Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants, dated as of February 1, 2004, which provides for Developer to restrict not fewer than twenty-six (26) of the apartment units within the Project to low income senior tenants at an affordable rent, for a term of fifty-five (55) years (the "Regulatory Agreement"); and WHEREAS, City and Developer have entered into a "Loan Agreement," dated as of February 1, 2004. Pursuant to the Loan Agreement, City,has made a loan to Developer of Two Million Two Hundred Forty-Eight Thousand Two Hundred Forty-Eight Dollars ($2,248,248), for payment of a portion of the costs of construction of the Project (the "Loan"); and WHEREAS, Developer has executed a Secured Promissory Note, dated February 1, 2004, for repayment of the Loan to City (the "Note"); and WHEREAS, Developer intends to purchase all of the interests of the limited partner and the City has agreed to eliminate the required payments on the Note for two years, on the condition that the term of the affordable housing restrictions on the Project is lengthened from its current fifty-five (55) year term, to a term of seventy (70) years. NOW THEREFORE BE IT RESOLVED that the Dublin City Council does hereby approve Amendments to the Loan Agreement, Promissory Note, Ground Lease and Regulatory Agreement attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements attached hereto as Exhibit A. Reso 68-19, Adopted 6/18/2019, Item 4.16 Page 1 of 2 PASSED, APPROVED AND ADOPTED this 18th day of June, 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: t6411 ir Ma or ATTES : City Clerk Reso 68-19, Adopted 6/18/2019, Item 4.16 Page 2 of 2