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HomeMy WebLinkAbout20- HRDC - Darlinton Boulevards DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 GRANT AGREEMENT HRDC— Preservation of Darlinton Manor and Boulevards Apartments as Affordable Rentals THIS AGREEMENT is made and entered into this 24th day of November 2020 ("Effective Date"), by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 ("City") as Grantor and Human Resources Development Council of District IX, Inc. ("HRDC"), a Montana nonprofit corporation located at 32 South Tracy Ave., Bozeman Montana 59715 as Grantee. Collectively City and HRDC may be referred to herein as the "Parties." WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, HRDC submitted a proposal to the City Commission for a grant of$500,000 to pay for partial construction costs to rehabilitate and renovate Darlinton Manor and Boulevards Apartments as affordable rental homes; and WHEREAS, on October 14, 2020 the Community Affordable Housing Advisory Board (CAHAB) reviewed the grant request and recommended the City Commission approve the Grant; and WHEREAS, the City approved HRDC's Preservation of Darlinton Manor and Boulevards Apartments grant request on November 24 , 2020. WHEREAS, the City Commission finds there is a compelling public interest in preserving rental stock affordable for qualified low income households, and in increasing the number of homes in Bozeman affordable in perpetuity, and that the project will serve a public purpose. THE PARTIES AGREE: 1. Grant. The City will grant and release to HRDC a sum of up to five hundred thousand dollars ($500,000) from its Community Housing Fund (the "Grant") pursuant to the payment terms in Section 4. 2. Use of Grant Funds. Grant funds in the amount of up to five hundred thousand dollars ($500,000) will be used by HRDC for the sole purpose of paying costs associated with the renovation and rehabilitation of 41 rental homes in the Boulevards Apartments building, and 100 rental homes in Darlinton Manor as described in the proposal and supporting materials submitted by HRDC to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 3. Term. The term of this Agreement will commence on the Effective Date and expire one (1) year after the Effective Date unless earlier terminated as provided herein. 4. Payment of Grant Funds. a. Grantee must meet the following requirements to receive Grant funds: i. All work done pursuant to the Grant must be completed by licensed, insured, and bonded contractors. ii.Within one year of the Effective Date, HRDC may request reimbursement for construction costs as they are incurred in the amount of$500,000 for both Darlinton Manor and Boulevards Apartments. Requests for reimbursement must be submitted in writing with proof of expenses paid to the Community Housing Manager and City's Director of Finance. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City's Director of Finance. b. The City will have no obligation to pay any Grant funds unless at the time of the reimbursement request (i) all of HRDC's representations as set forth in Section 5 are true and correct, and (ii) HRDC is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to reimburse any expenses and the City's determination to refrain from reimbursing, or its inability to reimburse, any of the expenses shall not be or result in a default of this Agreement. c. Any Grant funds not requested within one year of the Effective Date will remain in the City's Community Housing Fund and will be available for other appropriation. d. The City reserves the right to complete a visual inspection of each of the finished apartment buildings and to review such additional evidence confirming compliance with this Agreement as the Director of Community Development may reasonably request prior to payment of Grant funds. 5. Grantee Representations a. HRDC has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 regulations that in any manner may affect HRDC's performance under this Agreement. b. HRDC represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws.The City will not determine or exercise control as to general procedures or formats necessary for HRDC to meet this warranty. c. HRDC represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 6. Permits and Compliance With Laws. HRDC will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project. 7. Reports/Accountability/Public Information. If Grant funds are paid to HRDC, HRDC will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid and a final project summary with outcomes within 60 days of final receipt of Grant funds. HRDC agrees to develop and/or provide such other documentation as requested by the City demonstrating HRDC's compliance with the requirements of this Agreement. HRDC must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to HRDC pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. HRDC will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. HRDC shall not issue any statements, releases or information for public dissemination regarding this Grant without prior approval of the City. Requests for approval should be provided to the City's designated representative noted in Section 11.a for review 5 days before publication. 8. Independent Contractor Status. The Parties agree that HRDC, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. HRDC and its agents, employees, contractors, or subcontractors, are not FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. HRDC, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 9. Default and Termination. If HRDC fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to HRDC. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, HRDC will repay to the City any Grant funds already delivered to HRDC for the Project. In the event of termination under this Section, HRDC shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on HRDC's Damages; Time for Asserting Claim a. In the event of a claim for damages by HRDC under this Agreement, HRDC's damages shall be limited to contract damages and HRDC hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event HRDC wants to assert a claim for damages of any kind or nature, HRDC must first provide the City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event HRDC fails to provide such notice, HRDC shall waive all rights to assert such claim. 11. Representatives a. City's Representative. The City's Representative for the purpose of this Agreement shall be the City of Bozeman Finance Director or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, HRDC may direct its communication or submission to other FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 designated City personnel or agents and may receive approvals or authorization from such persons. b. HRDC's Representative. HRDC's Representative for the purpose of this Agreement shall be HRDC's Executive Director or such other individual as HRDC shall designate in writing. Whenever direction to or communication with HRDC is required by this Agreement, such direction or communication shall be directed to HRDC's Representative; provided, however, that in exigent circumstances when HRDC's Representative is not available, City may direct its direction or communication to other designated HRDC personnel or agents. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, HRDC agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, expenses, action or other proceeding whatsoever including reasonable defense attorney fees, (i) arising or purportedly arising out of, or resulting or purportedly resulting from, the construction or installation of the Improvements, any violation by HRDC of any agreement, condition or covenant of this Agreement, the maintenance and operation of the Project, or the presence on any portion of the Land, of any dangerous, toxic or hazardous pollutants, contaminants, chemicals, waste, materials or substances; or (ii) which is proximately caused by HRDC or its officers, agents, contractors, consultants or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). HRDC's indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against HRDC to assert its right to defense or indemnification under this Agreement or under HRDC's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines HRDC was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. HRDC also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, HRDC shall at HRDC's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by HRDC in this Section.The insurance coverage shall not contain any exclusion for liabilities specifically assumed by HRDC in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and HRDC shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation—statutory; • Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to HRDC. HRDC shall notify City within two (2) business days of HRDC's receipt of notice that any required insurance coverage will be terminated or HRDC's decision to terminate any required insurance coverage for any reason. FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 13. Nondiscrimination and Equal Pay HRDC agrees that all hiring by HRDC of persons performing this Grant Agreement shall be on the basis of merit and qualifications. HRDC will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. HRDC will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. HRDC represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). HRDC must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. HRDC shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of HRDC that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, HRDC will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk's office no later than 72 working hours prior to meeting for notice on the City's official posting board and any other sites deemed reasonable by the Clerk's office. In addition, meeting minutes will be kept by HRDC and provided to the City Clerk's office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk's office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk's office but shall be handled in accordance with the City Clerk's regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 request and at reasonable times during normal business hours, HRDC shall make such records available for inspection and copying by members of the public. HRDC may charge for such copying in accordance with the policies of the City, which HRDC hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in HRDC documents is protected by law from disclosure, HRDC may seek a determination of the City Attorney at no cost to HRDC. Such request and determination shall not create an attorney-client relationship between HRDC and the City. 15. Attorney's Fees and Costs. In the event it becomes necessary for a party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the Parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both Parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. HRDC may not subcontract or assign HRDC's rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. Successors Bound By Agreement; No Third Party Beneficiary. Subject to compliance with Section 26, this Agreement will inure to the benefit of and be binding upon the FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Parties and their respective successors in interest and permitted assignees. This Agreement is for the exclusive benefit of the Parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year indicated below. CITY OF BOZEMAN DocuSigned by: DocuSigned by: �'11 kl All °�' 11/30/2020 °" Date: 251607FD8A824A6... Jeff Mihelich, City Manager HRDC i r1c I .r Date: Heather Grenier, President and CEO Approved as to form: DocuSigned by: SAS Date: 11/30/2020 876992AC9ACA44B... Greg Sullivan, City Attorney FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 City of Bozeman FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Exhibit A Community Housing Fund Application and Supporting Materials FY 2021 Grant Agreement—HRDC Preservation of Darlinton Manor and Boulevards Apartments Exhibit A DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 BUILDING A BETTER COMMUNITY August 28, 2020 rn Q Ms.Tanya Andreasen Community Housing Program Manager City of Bozeman r 20 E Olive Street ® Bozeman, MT 59715 Dear Ms.Andreasen: HRDC and Good Housing Partnership seek City support to assist with the preservation and s rehabilitation 141 subsidized rentals in the Boulevards Apartments and Darlinton Manor. Preservation of subsidized rentals is a critical strategy to meeting the objectives of the City's Community Housing Action Plan. The Boulevards Apartments a 41-unit subsidized building is in the heart of downtown,just across the street from HRDC's Bozeman offices. The building serves very low-income people with disabilities and elderly members of our community.The proximity to HRDC housing counselors, service navigators and other supportive services, along with a subsidy that ensures that tenants only pay 30%of their income toward rent, has helped many tenants exit long-time homelessness and achieve housing stability. Unfortunately,this prime downtown location, and the nature of the annually-renewing mod-rehab subsidy placed the building at high redevelopment risk. In August 2019, HRDC worked with the property owner to acquire the building using a temporary financing structure, with the long- term intent to apply for Low Income Housing Tax Credits (LIHTC)to acquire and rehabilitate the apartments. HRDC is also working with HUD's Rental Assistance Demonstration (RAD) program to convert the annually-renewing mod-rehab contract to a 20-year Housing Assistance Payment Contract.To assist with the RAD conversion and LIHTC process, HRDC is partnering with a national expert in RAD conversions,Good Housing Partnership (GHP).The RAD conversion will both preserve the subsidy for the units,while extending the contract period beyond the current annual period, making market conversion difficult. The LIHTC will also allow for a substantial renovation of the building. Built in 1914,the apartments need extensive systems and accessibility upgrades, in addition to full renovation of the units. Darlinton Manor is a 100-unit subsidized property targeted to low-income seniors and people with disabilities. HRDC's subsidiary corporation, Darlinton Apartments, Inc. acquired this property in July 2020.This property currently has a HUD Housing Assistance Payment contract,which guarantees that residents only pay 30%of their income toward rent, on 88 of the 100 units. HRDC plans to add place- based Section 8 Housing Vouchers to the remaining units to expand subsidy to all 100 units. While the scope of work needed at Darlinton Manor is not as extensive as the Boulevards,the units are in need of renovation and ADA upgrades. p: 406.587.4486 e: hello@thehrdc.org , 32 South Tracy Bozeman, Montana 59715 HRDC BUILDING A BETTER COMMUNITY DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 BUILDING A BETTER COMMUNITY Combining the LIHTC application for acquisition and rehabilitation of the Boulevards and Darlinton allows for the scale required to apply through the non-competitive 4% LIHTC program. Under the o non-competitive program, all applications meeting threshold requirements are funded.This results in a more rapid tax credit commitment, and allows HRDC to forgo the risks of the competitive funding s process. m z r While the LIHTC 4% application process is non-competitive,the constraints of the program limit the ® percentage of seller note and deferred developer fee allowed. Additionally,the rehabilitation proposes$1 million in funding from the Housing Trust Fund, which is a competitive funding process. @j One critical component of HTF application ranking is local financial participation. As such, the loss of funds from the City would adversely impact both the LIHTC and HTF applications and the feasibility of m the project in general, possibly risking loss of subsidized units in our community. s a} The Community Housing Needs Assessment notes that the community is already in desperate need of additional housing units for people at all income levels. An estimated 1,460 units are needed just to meet current demand; to meet the needs of Gallatin County's growth rate, over 3,000 below- market rate units are needed. As this community continues to grow, the preservation of affordable housing like the Boulevards and Darlinton Manor is critical. At this time, only 5%of the City's rentals are affordable to households earning less than 60%AMI, however 45%of renters fall below this income level, and only 1%of units are affordable to very low income households earning less than 30%AMI. Our community is already in an extreme housing crisis;the loss of these units would be staggering, and the subsidy irreplaceable. Preserving these homes is the most cost-effective strategy for ensuring that our most vulnerable community members are able to maintain housing affordability. We sincerely hope that the City of Bozeman will agree to assist with this effort. Sincerely, 4 racy M�enuez�� Associate Director p: 406.587.4486 e: hello@thehrdc.org , 32 South Tracy Bozeman, Montana 59715 HRDC BUILDING A BETTER COMMUNITY DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Online Community Housing Fund Application 1. Organization Seeking Funding Organization Name Human Resource Development Council of District IX, Inc. Address 32 South Tracy Contact Name Not answered Contact Phone Number (406)585-4890 Contact Email Address tmenuez@thehrdc.org 2. Project Information Project Name Boulevards/Darlinton Preservation Location of Project 6 W. Babcock and 606 N. 5th Project Description The proposed project will rehabilitate and preserve 141 subsidized rental units in Bozeman. The two properties,The Boulevards Apartments,and Darlinton Manor are described in detail below. The Boulevards Apartments provide 41 units of subsidized housing in the heart of downtown,just across the street from HRDC's Bozeman offices.The building serves very low-income people with disabilities and elderly members of our community.The proximity to HRDC housing counselors, service navigators and other supportive services,along with a subsidy that ensures that tenants only pay 30%of their income toward rent, has helped many tenants exit long-time homelessness and achieve housing stability. Unfortunately,this prime downtown location and the nature of the annually-renewing mod-rehab subsidy placed the building at high redevelopment risk. In August 2019, HRDC worked with the property owner to acquire the building using a temporary financing structure,with the long- term intent to apply for Low Income Housing Tax Credits to acquire and rehabilitate the apartments.Additionally, HRDC is working with HUD's Rental Assistance Demonstration (RAD) program to convert the annually-renewing mod-rehab contract to a 20-year Housing Assistance Payment Contract.The RAID conversion will both preserve the subsidy for the units,while extending the contract period beyond the current annual period, making market conversion difficult.The building,constructed in 1914, is in desperate need of rehabilitation. Like many older buildings, it needs improvements to systems,accessibility upgrades,and full renovation. Darlinton Manor is a 100-unit subsidized property targeted to low-income seniors and people with disabilities. HRDC's subsidiary corporation, Darlinton Apartments, Inc. acquired this property in July 2020 through a right of first refusal.This property currently has a HUD Housing Assistance Payment contract,which guarantees that residents only pay 30%of their income toward rent,on 88 of the 100 units. HRDC plans to add place-based Section 8 Housing Vouchers to the remaining units to expand subsidy to all 100 units.While the scope of work needed at Darlinton Manor is not as extensive as the Boulevards,the units are in need of renovation and ADA compliance upgrades. Combining the LIHTC application for acquisition and rehabilitation of the Boulevards and Darlinton allows for the scale required to apply through the non-competitive 4%LIHTC program. Under the non-competitive program,all applications meeting threshold DocuSign Envelope ID:631381 E6C-6004-4FF4-AD8E-26E21803B3B7 requirements are funded.This results in a more rapid tax credit commitment,and allows HRDC to forgo the risks of the competitive funding process. In total,the properties have a combined acquisition cost of$12.5 million with rehabilitation demands of approximately $7.5 million. The Affordable Housing needs assessment notes that the community is already in desperate need of additional housing units for people at all income levels.An estimated 1,460 units are needed just to meet current demand;to meet the needs of Gallatin County's growth rate, over 3,000 below-market-rate units are needed.As this community continues to grow,the preservation of subsidized housing is critical.At this time, only 5%of the City's rentals are affordable to households earning less than 60%AMI, however,45%of renters fall below this income level.Only 1%of units are affordable to very low-income households earning less than 30%AMI. Our community is already in an extreme housing crisis;the loss of these units would be staggering,and the subsidy irreplaceable. Project Timing 2021-2022 Which Community Preservation of Subsidized Rentals Housing Action Plan Strategy/Action Item Does This Project Address? #of Affordable Dwelling 141 Units to be Generated/Renovated Area Median Income% less than 60%AMI Targeted Project Partners(if Good Housing Partnership applicable) 3. Indicate how this project ensures permanent or long term affordability [x] Deed Restriction Please Explain Both properties will be subject to renewed HUD Housing Assistance Payment(HAP)contracts,with a 20- year term,and a 41-year Land Use Restriction Agreement(LURA)for the Low Income Housing Tax Credit Program.The LURA is filed as a deed restriction on the property. Page 2 4. Project Funding(Please attach budget at the end of the application) Total Project Budget $29,525,127 S. Primary Project Funding Sources 1. Permanent Debt $Amount $16,277,508 2. Tax Credit Equity $Amount 7,380,932 3. Seller Note/other sources (please see budget) $Amount 5,866,687 DocuSign Envelope ID:631381 E6C-6004-4FF4-AD8E-26E21803B3B7 Amount Requested From $500,000.00 Community Housing Fund 6. Which Project Elements Will Funds Be Used For?(attach line item budget if needed) 1. Rehabilitation $Amount $500,000.00 2. Not answered $Amount Not answered 3. Not answered $Amount Not answered 7. Type of Funding Requested (o)Grant 8. If you selected Grant,would you consider a Loan if Grant was not available? (o)Yes 9. Would you accept 50%of your requested amount? (o)Yes 10. Would you accept 25%of your requested amount? (o)Yes 11. Could the Grant/Loan be split among multiple years? (o)Yes 12.When would the funds requested need to be received in order to optimize the benefit of the funds requested for the project? 06/30/2021 13. Have you received community housing funding assistance in the past 5 years? (o)Yes Page 3 14. Additional Information What is the level of High level urgency behind the funding request? If Community Housing While the LIHTC 4%application process is non-competitive,the constraints of Funds are not allocated the program limit the percentage of seller note and deferred developer fee to this project,how does allowed.Additionally,the rehabilitation proposes$1 million in funding from impact the project? the Housing Trust Fund,which is a competitive funding process. One critical DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 component of HTF application ranking is local financial participation.As such, the loss of funds from the City would adversely impact both the LIHTC and HTF applications and the feasibility of the project in general, possibly risking loss of subsidized units in our community. DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Blvd/Darlinton Schedule Milestone Acquire Interest in Darlinton Jul-20 Submit Tax Credit and Bond Applications Darlinton and Blvd Aug-20 HTF,City Funds, Risk Share Loan Submit Application for HTF Sep-20 Submit Application for City Funds Aug-20 Request to MBOH for Risk Share Loans Sep-20 Order Third Party Reports Appraisals Environmental Phase 1/Radon Lead/Asbestos Rent Comparability Studies Market Studies Survey Design and Engineering Architectural Drawings Engineering Scope Finalization Aug-20 Plan Check Submission Sep-20 Permit Nov-20 Contractor Select Contractor Sep-20 Finalize Scope Oct-20 Review subcontractor Bids Sep-20 Finalize Schedule of Values Oct-20 Finalize Construction Contract Oct-20 Finance and Legal Select Investor and Lender Aug-20 Due Diligence Process Aug-Oct 2020 Underwriting Aug-Oct 2020 Partnership Oct-20 Loan Documents Oct-20 Bond Documents Oct-20 HUD Documents Oct-20 HTF Documents Risk Share Loan Documents HUD Process Submit Applications for MUTM Aug-20 Submit Application for Mod/Rehab Aug-20 Complete HUD Legal Review Sep-20 Receive HUD Approval Oct-20 Close on the Financing Nov-Dec-20 Issue Notice to Proceed Dec-20 Construction Mobilization Dec-20 Begin Unit Renovations/Relocation Jan-21 Construction Completion Mar-22 Temporary Certificate of Occupancy Jan-22 Certificate of Occupancy Mar-22 Stabilization-90/90 Test Jul-22 Process 8609 Final Cost Cert May-22 Submit PIS Application to MBOH May-22 Receive 8609 Aug-22 DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Boulevards/Darlinton Budget Uses Acquisition 12,500,000 Rehabilitation 7,484,750 Furnishings 245,217 Contingency 741,000 Relocation 775,500 Architect and Engineering 381,000 Construction Financing Fees and Interest 2,186,511 Permanent Financing Costs 318,177 Legal 130,000 Reserves 760,776 LIHTC Syndication Costs 462,679 Permitting 61,304 Developer Fee 3,478,213 TOTAL USES 29,525,127 Construction Sources Construction Loan 21,000,000 LIHTC Equity 1,845,233 Developer Note 2,568,948 Housing Trust Fund 1,000,000 City of Bozeman 500,000 Deferred Developer Fee 2,610,946 TOTAL CONSTRUCTION SOURCES 29,525,127 Permanent Sources Permanent Loan 16,277,508 LIHTC Equity 7,380,932 Developer Note 2,568,948 Housing Trust Fund 1,000,000 City of Bozeman 500,000 Rehab NOI 571,852 Deferred Developer Fee 1,225,887 TOTAL PERMANENT SOURCES 29,525,127 DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Boulevards Apartments and Darleinton Manor Preservat6ion -%�_.�_.�-_._�. ��a+ _ -•ram DC Y' 1 K - f ►' -: r - DocuSign Envelope63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Darlinton Man 0 100 units (85 subsidized PBS8) 32 Studiol 68 one bedroom --�- I ' •wry I ;• � 41 top 0 4 . ri � .�•• ..t tt k�QMK 111t1�1l� ' f _ .�.— — ^ ?. !sir ►c�,� "� _' } a?i t1'f1PK►t11s 6• DxuSign Envelope ID:63B81 E6C-6004-0FF4-AD8E-26E21803B3B7 Current Residents • Both buildings are elderly/disa bled designated • Very low, often fixed incomes • Boulevards : 41 units ( 39 with current subsidy) • Darlinton : 100 units (85 with current subsidy) • Acquisition rehab process would add 17 subsidized units * Subsidies ensure that residents pay 30% of income toward re nt DocuSign Envelope ID:63B81 E6C-6004-4FF4-AD8E-26E21803B3B7 Where oespreservation it in ? Bozeman Housing Bridge Middle Income Willow Springs $63.30O Moderate Income sOU.t 4 i In-"Mae Upper Middle I�corwe Arrowleaf/Perennial ' Low , Incomes 63T Upper Inc*#nes Darlinton/Blvds Very Law Income i S I F. ?-I r Warming Center i DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 Bozeman Housing Needs Renter Income Distribution Compared to Available Rentals Income Range Affordable Rent Dist • • Rentals* <30% AMI $4 7 5 2 3% 30. 1 to 60% KE $950 22% 60. 1 - 80% $ 11260 16% 21% 80. 1 - 100% $ 1580 11% 26% 100. 1 - 120% $11900 8% 31% Over 120% Over $1,900 20% 17% TOTAL - 100% 140 listings *Available rentals include rentals available in the City in mid -Dec 2018. About 38% of Bozeman's low-income renters earn below 30% of AMI DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 work - Boulevards � co e of p • Electrical rewiring/systems upgrades • Sprinkler system install or • New elevator _ • Windows • Roof - r • Accessibility upgrades • Units � • Appliances • Cabinets • Flooring • Fixtures ;! DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 work - Darlinton%) cope of • Windows • Roof • Accessibility upgrades • Units • Appliances 0 • Cabinets • Flooring • Fixtures DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 Budget Uses Construction Sources Acquisition 12,500,000 Construction Loan 21,000,000 Rehabilitation 7,484,750 LIHTC Equity 1,845,233 Furnishings 245,217 Contingency 741,000 Developer Note 2,568,948 Relocation 775,500 Housing Trust Fund 1,000,000 Architect and Engineering 381,000 City of Bozeman 500,000 Construction Financing Fees and Interest 2,186,511 Deferred Developer Fee 2,610,946 Permanent Financing Costs 318,177 TOTAL CONSTRUCTION SOURCES 29,525,127 Lega 1 130,000 Reserves 760,776 Permanent Sources LIHTC Syndication Costs 462,679 Permanent Loan 161277508 Permitting 61,304 LIHTC Equity 7/380/932 Developer Fee 3,478,213 Developer Note 2/568/948 TOTAL USES 29,525,127 Housing Trust Fund 1,000,000 City of Bozeman 500,000 Rehab N01 571,852 Deferred Developer Fee 1,225,887 TOTAL PERMANENT SOURCES 29,525,127 DocuSign Envelope ID:63B81E6C-6004-4FF4-AD8E-26E21803B3B7 Blvd/Darlinton Schedule Acquire Boulevards Jul-19 Extend Boulevards subsidy contract Oct-19 Acquire Interest in Darlinton Jul-20 Submit Tax Credit and Bond Applications Aug-20 HTF, City Funds, Risk Share Loan Schedule Submit Application for HTF Sep-20 Submit Application for City Funds Aug-20 Request to MBOH for Risk Share Loans Sep-20 Questions ? Order Third Party Reports June - August 2020 Design and Engineering June - August 2020 Thank Scope Finalization Aug-20 you ! Plan Check Submission Sep-20 Permit Nov-20 Select Contractor Sep-20 Finalize Schedule of Values Oct-20 Finalize Construction Contract Oct-20 Finance and Legal E Select Investor and Lender Aug-20 Due Diligence/Underwriting Aug-Oct 2020 LIHTC Partnership, Loan, Bond and HUD docs complete Oct-20 HUD Process Submit Applications for MUTM and RAD Aug-20 , Complete HUD Legal Review Sep-20 Receive HUD Approval Oct-20 Close on the Financing and LIHTC Nov-Dec-20 Issue Notice to Proceed Dec-20 H DC Construction Mobilization Dec-20 Begin Unit Renovations/Relocation Jan-21 Construction Completion Mar-22