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HomeMy WebLinkAboutDoc 584 - Housing Authority BondsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of November 5, 2014 DATE: November 3,2014 FROM: Dave Doyle Legal Department 388-6625 TITLE OF AGENDA ITEM: Board authorization of Certificate of Approval, Document No. 2014-584 allowing Housing Works to proceed with its revenue bond issuance. PUBLIC HEARING ON THIS DATE? Yes. BACKGROUND AND POLICY IMPLICATIONS: The Central Oregon Regional Housing Authority (Housing Works) is proceeding with an issuance of tax-exempt conduit revenue bonds to finance 50 units of affordable housing within Deschutes County (specifically the Redmond area). Section 147(t)(2)(A)(ii) of the Internal Revenue Code of 1986 requires the BOCC, as the "applicable elected representatives" to hold a public hearing prior to approving a Certificate of Approval. Deschutes County assumes no financial responsibility or financial liability for repayment of the bond proceeds. The bond issue is scheduled to close on November 14, 2014. FISCAL IMPLICATIONS: None. RECOMMENDATION & ACTION REQUESTED: Conduct public hearing; move approval of Certificate of Approval, Document No. 2014-584 which allows the Central Oregon Regional Housing Authority to proceed with issuance of tax-exempt conduit revenue bonds. ATTENDANCE: . Dave Doyle, County Counsel DISTRIBUTION OF DOCUMENTS: Tom Kemper -tkemper@housing-works.org Tom Anderson Dave Doyle DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: 111/03/141 Department: IBoccl Contractor/Supplier/Consultant Name: '------1 Contractor Contact: [om Andersonl Contractor Phone #: 1388-656~ Type of Document: Certificate of Approval -Document No. 2014-584 Goods and/or Services: NIA Background & History: The Central Oregon Regional Housing Authority (Housing Works) is proceeding with an issuance of tax-exempt conduit revenue bonds to finance 50 units of affordable housing within Deschutes County (specifically the Redmond area). Section 147(f)(2)(A)(ii) of the Internal Revenue Code of 1986 requires the BOCC, as the "applicable elected representatives" to hold a public hearing prior to approving a Celiificate of Approval. Deschutes County assumes no financial responsibility or financial liability for repayment of the bond proceeds. The bond issue is scheduled to close on November 14, 2014. Agreement Starting Date: 111/05/141 Ending Date: ,-I_--' Annual Value or Total Payment: '-----' D Insurance Certificate Receiied (c,eck box) Insurance Expiration Date: Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? D Yes No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? DYes !2SJ No Special conditions attached to this grant: Deadlines for reporting to the grantor: 11/3/2014 If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: DYes D No Contact information for the person responsible for grant compliance: Name: Phone #: L------' Departmental Contact and Title: 1T0m Anderson, Adminl Phone #: 388-6565 .-, ./ j / Department Director Approval: 2~~_/L...!/_...._3>"-------'-,_'i-<--_ Signature Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one):/BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____), Legal Review DateffivYV Document Number 2014-584 1113/2014 REVIEWED !6fjJTh LEGAL COUNSEL CERTIFICATE OF BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY APPROVING BONDS ISSUED BY THE CENTRAL OREGON REGIONAL HOUSING AUTHORITY We, the Board of County Commissioners of Deschutes County, Oregon (the "County"), CERTIFY that: WHEREAS, the Central Oregon Regional Housing Authority (the "Authority") is a public body corporate and politic of the State of Oregon; and WHEREAS, ORS 456.175 provides that a housing authority may issue bonds for any of its corporate purposes; and WHEREAS, the Authority intends to issue its Multifamily Housing Revenue Bonds (Reindeer Meadows Project), Series 2014 (the "Bonds"), in the aggregate principal amount of not to exceed $3,000,000 and to loan the proceeds thereof to Reindeer Housing LLC, an Oregon limited liability company (the "Borrower") of which the Authority is the managing member, in connection with the acquisition and rehabilitation of the 50-unit multifamily apartment complex presently known as the Reindeer Meadows Apartments, located in Redmond, Oregon, and the payment of issuance costs with respect to the Bonds (together, the "Project"); and WHEREAS, the Authority conducted a public hearing, pursuant to the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the Bonds on October 22, 2014, in Bend, Oregon, following timely notice being published in a newspaper of general circulation throughout the County; and WHEREAS, the County, conducted a notice public hearing as required by the Code on November 5,2014, in Bend, Oregon; and WHEREAS, the County did receive and review a written summary of the public testimony, if any, provided to the Authority; and WHEREAS, the Board of County Commissioners is a County-wide elected legislative body representing the County with respect to the approval of the Bonds for purposes of Section 147(f)(2)(A)(ii) of the Code. Certificate of Approval (Document No. 2014-584) Page 1 NOW, THEREFORE, we approve the issuance by the Authority of the Bonds, the proceeds of which will be loaned to the Borrower to finance the Project. This approval is intended to comply with the requirements of Section 147(f)(2)(A)(ii) of the Code in order to permit the issuance of the Bonds. In providing this certificate, the County shall take no financial responsibility and incur no financial liability with respect to the Authority'S issuance or repayment of the Bonds. IN WITNESS WHEREOF, we have executed this instrument this 5th day of November, 2014. Tammy Baney, County Commissioner Deschutes County, Oregon Alan Unger, County Commissioner Deschutes County, Oregon Tony DeBone, County Commissioner Deschutes County, Oregon Certificate of Approval (Document No. 2014-584) Page 2 405 SW 6th Street Redmond, OR 97756 p:541.923,1018 f: 541.923.6441 www.housing-works.org October 29, 2014 BY MAIL & EMAIL Board of County Commissioners Deschutes County 1300 NW Wall Street, Suite 200 Bend, OR 97701 Re: Central Oregon Regional Housing Authority Multifamily Housing Revenue Bonds (Reindeer Meadows Project), Series 2014 Honorable Board of County Commissioners: The Central Oregon Regional Housing Authority (the "Authority") intends to issue tax-exempt conduit revenue bonds to finance 50 units of affordable housing in Deschutes County. The purpose of this letter is to notify you of the bond issuance and, pursuant to Section 147(f)(2)(A){ii) of the Internal Revenue Code of 1986, as amended (the "Code"), to request the approval for the bond issue from the Board of County Commissioners of Deschutes County, as the "applicable elected representative" for Deschutes County, the jurisdiction in which the Authority is issuing bonds. The Authority intends to issue its Multifamily Housing Revenue Bonds (Reindeer Meadows Project), Series 2014 and to loan the proceeds of the bonds to Reindeer Housing LLC, an Oregon limited liability company of which the Authority is the managing member, Reindeer Housing LLC will acquire and rehabilitate the 50-unit multifamily apartment complex presently known as the Reindeer Meadows Apartments, located in Redmond, Oregon. As required by the Code, the Authority published a notice in the Bend Bulletin of a public hearing for the projects and the bond issue at least two weeks in advance of the hearing. The hearing occurred on October 22, 2014. Attached for your reference is a copy of the notice which was published, the affidavit of publication and the minutes of the public hearing, along with the Certificate of County Commissioners approving the bond issue. We respectfully request that the Board of County Commissioners review and execute the certificate in order to approve the bond transaction as required by the Code. The bond issue is scheduled to close on November 14, 2014. We appreciate your review of the attached documents and return of the executed certificate at your earliest convenience. Please let me know if you anticipate any issues in meeting this schedule. Please call me at 541-323-7405 or Faith Pettis of Pacifica Law Group LLP, bond counsel to the Authority, at (206) 245-1715 if you have any questions. Executive Director MINUTES OF THE PUBUC HEARING Proposed Issuance of Tax-exempt Bonds October 22, 2014 I. call to Order Pursuant to notice through the media and in conformance with the Public Hearings law, Executive Director Thomas J. Kemper called the hearing to order at 1:02 p.m. II. Individuals f!res~nt Thomas 1. Kemper GeoffWaU Keith Wooden III. Discussion Kemper opened the public hearing by announcing the reason for the hearing. The hearing was open to public comment regarding the proposed issuance of tax-exempt bonds by Central Oregon Regional Housing Authority dba Housing Works to finance the acquisition and rehabilitation of the Reindeer Meadows Apartments by Reindeer Housing LLC, of which the Authority is the managing member. Estimated bond amount would not exceed $3,000,000. The apartment complex is located in Redmond, Oregon. The hearing was opened to public testimony and written comments. There were no written comments submitted and no members of the public In attendance. no public testimony or written comments the hearing was closed by Kemper at 1 :07 p.m . . -r i~ Resp~"d}u'ly submi d, Thomas 1. Kemper Secretory Page 1 ofl 405 SW 6th Street Redmond, OR 97756 p: 541.923.1018 f: 541.923.6441 iQiOW.""''''oviiOiiiii. \NWW.housing-works.org October I, 2014 VIA ELECTRONIC TRANSMISSION Private Activity Bond Committee 350 Winter Street NE, Suite 100 Salem, Oregon 97301-3896 Re: Request for $3 Million in Private Activity Bond Cap Property: Reindeer Meadows Apartments Location: Redmond, Oregon Issuer: Central Oregon Regional Housing Authority (DBA Housing Works) Members of the Committee: The purpose of this letter is to request an allocation of $3,000,000 of Private Activity Bond Volume Cap for the redevelopment of Reindeer Meadows Apartments, a 50 unit senior apartment property in Redmond, Oregon (Apartments). The 2014 allocation of$3 million in bond cap is critical to secure $1.225 million in LIHTC tax credit equity from our financial partner for the redevelopment of the properties. Transaction Overview Housing Works has created Reindeer Housing LLC, a special purpose limited liability company (LLC), to acquire, rehab and operate the property. Housing Works will be the managing member of the LLC. There are four key components to financing the acquisition and rehab of the properties: (l) $2.06 million in tax exempt, private activity bonds A tranche (A Bonds) issued by Housing Works in a private placement to Washington Federal Bank,(2) $903,000 in tax exempt private activity bonds B tranche (B Bonds) issued by Housing Works in a private placement to PNC Bank which gets replaced by LIHTC equity of $1.225 million after the property is placed in service upon completion of the rehabilitation of the building, (3) loan from Housing Works in the approximate amount of $958,000, and (4) a deferred development fee of $400,000 owed to Housing Works. A Bonds and B Bonds are referred to herein as Bonds. The Bonds are utilized to obtain the$I.225 million in tax credit equity necessary to acquire and rehab the Apartments. The amount of the issue must be more than 50% of the development cost and must be used to acquire and rehab the Apartments to obtain the LIHTC credits. The closing of the Bonds will be simultaneous with the acquisition of the Apartments and closing of the Bonds. The A Bonds are expected to be outstanding for a period of sixteen years and will be secured by a first trust deed on the property. Proceeds of the Bonds are drawn as the acquisition and rehab occur. Once the rehab is completed and the Apartments are placed in service. the B Bonds are paid oft: leaving the A Bonds and other financing in place. Transaction Detail Key aspects of the transaction are noted below: Address: 1601 SW Reindeer Ave., Redmond, Oregon Unit Mix: One bedroom units 40 Two bedroom units .ill Total: 50 Land: Approximately 2.5 acres Sources & Uses: Total (l,OOOs) Acquisition: 2,365 Improvements: 1,217 Soft Costs: 457 Development Fee: 605 Total Uses: 4,645 Sources: A Bonds: 2.061 LlHTC Equity: 1,225 Housing Works Loan: 959 Deferred Dev.Fee: 400 Total Sources: 4,645 Improvements:Reindeer will undergo a total envelope update with new siding, windows and roofing. Ariel unit interiors will be upt,1faded with new cabinets, appliances, flooring, paint and air conditioning. The entry portico will be expanded to enlarge the entry lobby. Reindeer landscaping will be improved. Rent Levels: Tv~e No. Rent One bedrooms 9 534 One bedrooms 31 565 Two bedrooms I 630 Two Bedrooms 9 645 :\fet Operating Income Rents: 345,072 Other income: 8,034 Vacancy: (17,655) EOr: 335,451 Expenses: 19 7 ,486 NOr: t§7.~65 A Bonds debt service: 129,014 Cash for other debt: 38,951 Key Players: A Bond Lender: Washington Federal Bank B Bond/LlHTC Equity: PNC Bond Counsel: Pacifica Law Group (Faith Pettis) Contractor: LMC Construction, Inc. Housing Works Counsel: Bateman Seidel (Doug Blomgren) Schedule: OHCS 4% Tax credit application: June 2014 PNC LOI July 2013 Washington Federal LOI August 2013 Private Activity Bond Cap allocation: October 20 I 4 Closing: November 2014 Rehab construction coml11encement: November 2014 Rehab completion: June 2015 Buildings placed in service: June 2015 Thank you for this opportunity to present our plans for the acquisition and rehab of the Reindeer Meadows Apartments. The allocation of Private Activity Bond Volume Cap is critical to the success of the transaction and your SUpp0l1 is greatly appreciated. Tho as J. Keml~ Executive Director CC Doug Blomgren Faith Pettis Teresa Pumula, Oregon Housing and Community Services Brig Watley Attachments: Map Aerial Reindeer photos 5W 6th 5t SI , <;t ~ $1 ,. « c :'1 '" iJ 14111 Sr ~ <n .. c c ";> ~ .' ...'1 I. ., SE h, Sl to sw blh S1 SW I" S1 (II ': ~ ,~r SW V"""r ,n'. 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