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HomeMy WebLinkAbout2023-048-06/06/2023-AUTHORIZING THE ASSIGNMENT OF THE CITY’S 2023 PRIVATE ACTIVITY BOND ALLOCATION TO HOUSING CATALYST ARESOLUTION 2023-048 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ASSIGNMENT OF THE CITY’S 2023 PRIVATE ACTIVITY BOND ALLOCATION TO HOUSING CATALYST AND COLORADO HOUSING AND FINANCE AUTHORITY FOR CARE HOUSING TO FINANCE THE CONSTRUCTION AND REHABILITATION OF AFFORDABLE HOMES WHEREAS,the City of Fort Collins is authorized and empowered under the laws of the State of Colorado (the “State”)to issue revenue bonds for purposes including the financing of multi-family rental housing projects for low-and moderate-income persons and families;and WHEREAS,the Internal Revenue Code of 1986,as amended (the “Code”),restricts the amount of tax-exempt bonds (“Private Activity Bonds”or “PAB”)which may be issued in the State (the “State Ceiling”);and WHEREAS,pursuant to the Code,the Colorado General Assembly adopted the Colorado Private Activity Bond Ceiling Allocation Act,Part 17 of Article 32 of Title 24,Colorado Revised Statutes (the “Allocation Act”),providing for the allocation of the State Ceiling among various State and local governmental units,and further providing for the assignment of such allocations from such governmental units to any entity or person with the authority to issue bonds;and WHEREAS,pursuant to an allocation under Section 24-32-1706 of the Allocation Act,the City has received a direct allocation of the 2023 State Ceiling for the issuance of Private Activity Bonds in the aggregate principal amount of $10,289,735 (the “2023 Allocation”);and WHEREAS,if the City does not issue bonds or assign its annual allocation to another entity by September 15 of each year,its allocation is relinquished to the statewide balance;and WHEREAS,the City received seeking applications for the 2023 Allocation from three entities:Housing Catalyst;CARE Housing;and Steele Properties;and WHEREAS,the City’s PAB Committee considered the applications and recommends assigning the 2023 Allocation to Housing Catalyst and CARE Housing in the amounts requested by those two entities pursuant to Section 24-32 1706 of the Allocation Act;and WHEREAS,Housing Catalyst proposes using $6,289,735 of the 2023 Allocation to develop at least 36 affordable rental homes within the City of Fort Collins (the “Housing Catalyst Projects”);and WHEREAS,CARE Housing proposes using $4,000,000 of the 2023 Allocation through the Colorado Housing and Finance Authority (“CHFA”),along with $16,100,000 of previously secured funds from the CHFA,to develop 72 new affordable rental apartments at Heartside Hill (the “CARE Housing Projects”);and WHEREAS,CARE Housing,through CHFA,and Housing Catalyst have each expressed its willingness to attempt to issue Revenue Bonds in the amounts proposed;and WHEREAS,the City Council finds that the 2023 Allocation can be utilized most efficiently by assigning it to CARE Housing,through CHFA,and Housing Catalyst and to issue Private Activity Bonds for financing the Projects,and that such assignment will advance the City’s objective of increasing the availability of adequate affordable housing for low-and moderate- income persons and families within the City;and WHEREAS,the Council wishes to assign the 2023 Allocation to Housing Catalyst and CARE Housing,which assignments are to be evidenced by an Assignment of Allocation #1 to Housing Catalyst and Assignment of Allocation #2 to CARE Housing,through CHFA;and WHEREAS,a draft of the proposed Assignment of Allocation #1 is attached as Exhibit “A”and incorporated herein by reference and a draft of the proposed Assignment of Allocation #2 is attached as Exhibit “B”and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That the City Council hereby approves assignment to Housing Catalyst of $6,289,735 of the City’s 2023 Allocation for the Housing Catalyst Projects as described herein. Section 3.That the City Council hereby approves assignment to CARE Housing, through CHFA,of $4,000,000 of the City’s 2023 Allocation for the CARE Housing Projects as described herein. Section 4.That the City Council hereby authorizes the Mayor to execute an Assignment of Allocation with Housing Catalyst in substantially the form attached as Exhibit “A” and an Assignment of Allocation with CARE Housing,through CHFA,in substantially the form attached as Exhibit “B,”along with such other terms and conditions as the City Manager,in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of June,2023.IA ATTEST: I Chief Deputy City Clerk EXHIBIT A TO RESOLUTION 2023-048 ASSIGNMENT OF ALLOCATION #1 THIS ASSIGNMENT (the “Assignment”),dated ________________,2023 is between the City of Fort Collins,Colorado,a municipal corporation (the “Assignor”),and Housing Catalyst,a body corporate and politic (the “Assignee”). RECITALS A.The Assignee intends to finance the construction of not less than 36 rental homes within the City of Fort Collins,all for households with incomes ranging from 30%to 80%of area median income,and consistent with the objectives outlined in the City’s Housing Strategic Plan (collectively,the “Projects”.)The Projects will each be designed to qualify as a “project”within the meaning of Title 29,Article 4,Part 2,Colorado Revised Statutes,as amended (the “Act”). B.The Assignee intends to provide for the issuance of its Multifamily Housing Revenue Bonds (the “Proposed Bonds”),pursuant to the provisions of the Act for the purpose of financing the Projects. C.The Assignee has requested that the Assignor assign to the Assignee $6,289,735 of the Assignor’s 2023 allocation (the “Allocation”)under the bond ceiling for the State of Colorado and its issuing authorities (“the State Ceiling”)computed under Section 146(d)of the Internal Revenue Code of 1986 (the “Code”)as provided for the Assignor as a “designated local issuing authority”under part 17 of article 32 of title 24,Colorado Revised Statutes (the “Allocation Act”), for use in connection with the financing of the Projects. D.Subject to the terms and conditions set forth herein,the Assignor desires to assign to the Assignee,and the Assignee desires to accept,such Allocation from the State Ceiling. ASSIGNMENT Ii~exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1.The Assignor hereby assigns and transfers to the Assignee $6,289,735 of the Assignor’s 2023 Allocation from the State Ceiling for private activity bonds.The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the “Statewide Balance”as defined under the Allocation Act unless (a)the Proposed Bonds are issued by the Assignee on or before September 15,2023,or (b)Section 24-32-1706(3)(c),C.R.S.,applies. 2.The Assignor represents that it has received no monetary consideration for the assignment set forth above. 3.The Assignee hereby: (a)accepts the assignment of the Assignor’s Allocation from the State Ceiling described above; EXHIBITATO RESOLUTION 2023-048 (b)agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Projects;and (b)agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. 4.The Assignor hereby consents to the election by the Assignee,if the Assignee in its discretion so decides,to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. 5.This Assignment shall not constitute a debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado,nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. [The remainder of this page is intentionally left blank] EXHIBITATO RESOLUTION 2023-048 IN WITNESS WHEREOF,the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS,COLORADO, as Assignor Jeni Arndt,Mayor AflEST:APPROVED AS TO FORM: City Clerk Assistant City Attorney (print name)(print name) HOUSING CATALYST,as Assignee By: Its:_________________ ATTEST: By: Its: [Signature Page to Assignment of Allocation] -S-i- EXHIBIT B TO RESOLUTION 2023-048 ASSIGNMENT OF ALLOCATION #2 THIS ASSIGNMENT (the “Assignment”),dated ________________,2023 is between the City of Fort Collins,Colorado,a municipal corporation (the “Assignor”),and the Colorado Housing and Finance Authority,a body corporate and political subdivision of the State of Colorado (the “Assignee”). RECITALS A.The Assignee intends to facilitate Community Affordable Residences Enterprise, Inc.’s,a Colorado nonprofit corporation (dba CARE Housing)financing of the construction of 72 rental apartments within the City of Fort Collins at the Heartside Hill Apartments,all for households with incomes ranging from 30%to 80%of area median income,and consistent with the objectives outlined in the City’s Housing Strategic Plan (collectively,the “Projects”.)The Projects will each be designed to qualify as a “project”within the meaning of Title 29,Article 4, Part 2,Colorado Revised Statutes,as amended (the “Act”). B.The Assignee intends to provide for the issuance of its Multifamily Housing Revenue Bonds (the “Proposed Bonds”),pursuant to the provisions of the Act for the purpose of financing the Projects. C.The Assignee has requested that the Assignor assign to the Assignee $4,000,000 of the Assignor’s 2023 allocation (the “Allocation”)under the bond ceiling for the State of Colorado and its issuing authorities (“the State Ceiling”)computed under Section 146(d)of the Internal Revenue Code of 1986 (the “Code”)as provided for the Assignor as a “designated local issuing authority”under part 17 of article 32 of title 24,Colorado Revised Statutes (the “Allocation Act”), for use in connection with the financing of the Projects. D.Subject to the terms and conditions set forth herein,the Assignor desires to assign to the Assignee,and the Assignee desires to accept,such Allocation from the State Ceiling. ASSIGNMENT In exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1.The Assignor hereby assigns and transfers to the Assignee $4,000,000 of the Assignor’s 2023 Allocation from the State Ceiling for private activity bonds.The Assignor and the Assignee understand that such assigned allocation shall automatically be relinquished to the “Statewide Balance”as defined under the Allocation Act unless (a)the Proposed Bonds are issued by the Assignee on or before September 15,2023,or (b)Section 24-32-1706(3)(c),C.R.S.,applies. 2.The Assignor represents that it has received no monetary consideration for the assignment set forth above. 3.The Assignee hereby: —1— EXHIBIT B TO RESOLUTION 2023-048 (a)accepts the assignment of the Assignor’s Allocation from the State Ceiling described above; (b)agrees to use its best efforts to issue and use the Proposed Bonds for the purpose of financing the Projects;and (b)agrees to abide by each of the terms and conditions of this Assignment in connection with the use of such Allocation. 4.The Assignor hereby consents to the election by the Assignee,if the Assignee in its discretion so decides,to treat all or any portion of the assignment set forth herein as an allocation for a project with a carryforward purpose. 5.This Assignment shall not constitute a debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado,nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. [The remainder of this page is intentionally left blank] EXHIBIT B TO RESOLUTION 2023-048 IN WITNESS WHEREOF,the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF FORT COLLINS,COLORADO, as Assignor Jeni Arndt,Mayor ATTEST:APPROVED AS TO FORM: City Clerk Assistant City Attorney (print name)(print name) COLORADO HOUSING AND FINANCE AUTHORITY,as Assignee By: It: ATTEST: By: Its: [Signature Page to Assignment of Allocation] -S-i-