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File #: ID18-0283    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 2/14/2018 In control: City Council
On agenda: 3/1/2018 Final action: 3/1/2018
Title: RESOLUTION - Approving the assignment and assumption of Opportunity Builders' HOME Agreement and related documents to Dublin Transit EAH, Inc., amending the Restated and Superseded Promissory Note, converting the Promissory Note, and approving the Subordination Agreement
Sponsors: Planning and Development Department
Attachments: 1. Exhibit A - Resolution, 2. Exhibit B - Assignment and Assumption Agmt, 3. Exhibit C - Second Amended Restated and Superseded Promissory Note, 4. Exhibit D - Subordination Agreement, 5. Exhibit E - Location Map, 6. Exhibit F - Photographs
REPORT TO THE CITY COUNCIL



March 1, 2018


FROM: JENNIFER K. CLARK, Director
Development and Resource Management Department

THROUGH: KELLI FURTADO, Assistant Director
Development and Resource Management Department

BY: THOMAS MORGAN, Housing Manager
Housing and Community Development Division

CORRINA NUNEZ, Project Manager
Housing and Community Development Division


SUBJECT
Title
RESOLUTION - Approving the assignment and assumption of Opportunity Builders' HOME Agreement and related documents to Dublin Transit EAH, Inc., amending the Restated and Superseded Promissory Note, converting the Promissory Note, and approving the Subordination Agreement
Body
RECOMMENDATION

Staff recommends the City Council adopt a resolution (Exhibit "A" - Resolution) approving the Assignment and Assumption Agreement (Exhibit "B" - Assignment and Assumption Agreement) with Opportunity Builders and Dublin Transit EAH, Inc. (EAH), second amendment of the Restated and Superseded Promissory Note (Exhibit "C" - Second Amended Restated and Superseded Promissory Note), conversion of the Note, Subordination Agreement (Exhibit "D" - Subordination Agreement) substantially in the form attached, and authorize the City Manager to execute assignment and related documents approved as to form by the City Attorney's Office.

EXECUTIVE SUMMARY

On December 20, 2017, the Housing and Community Development Division received a request from Opportunity Builders to consider an assignment and assumption of its HOME Investment Partnerships (HOME) Program Agreement and related documents to EAH. EAH has proposed to acquire the Village at Kings Canyon Apartments, a 48-unit affordable multifamily rental property in southeast Fresno. If EAH pursues its acquisition of the property as proposed, staff recommends that the City Council approve an Assignment and Assumption of the HOME Agreement, amendment of the Promissory Note, conversion of the Note, and the Subordination Agreement substantially...

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