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RESOLUTION NO. 5604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHANDLER, ARIZONA, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR HUD’S RENTAL ASSISTANCE DEMONSTRATION (RAD) PROGRAM AND TO IMPLEMENT THE REDEVELOPMENT OF THE CHANDLER PUBLIC HOUSING PORTFOLIO WITH THE CITY OF CHANDLER HOUSING AND REDEVLOPMENT DIVISION AS DEVELOPER/CO-DEVELOPER; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTION NECESSARY TO IMPLEMENT AND OPERATE ALL PHASES OF THE REDEVELOPMENT AND DISBURSE PUBLIC HOUSING AND/OR AFFORDABLE HOUSING FUNDS FOR RELATED PROJECTS. WHEREAS, the City of Chandler does and intends to exercise all of the powers and authority pertaining to public housing as set forth in A.R.S. § 36-1403; and WHEREAS, the City has a shortage of affordable housing and, as a part of its mission, provides safe, decent and sanitary affordable housing for low-income individuals and families within the community; and WHEREAS, public housing funding continues to decline with insufficient capital funds to adequately meet the substantial capital improvements needed with respect to the City’s public housing portfolio, which includes family sites (AZ028000001) and scattered sites/senior sites (AZ028000002) (together, the “Chandler Public Housing Portfolio”); WHEREAS, the Housing and Redevelopment Division of the City of Chandler’s Department of Neighborhood Resources has identified an assemblage of property to be owned by the City for the creation of new affordable housing and serve as a new site of a family and senior multifamily mixed income housing project, with approximately 157 units of housing, including a mix of 1, 2, 3, 4 and 5 bedroom units, community space and park area (the “Trails End Project”); and WHEREAS, utilization of the U.S. Department of Housing and Urban Development’s (HUD) Rental Assistance Demonstration (RAD) Program, Section 18, and/or other HUD repositioning programs allow municipalities and public housing authorities the ability to convert funding into a Section 8 rental assistance platform that will provide for the redevelopment of their public housing sites and predictable annual subsidies; and WHEREAS, the Chandler Public Housing Authority Commission (PHAC) has assessed the feasibility of a RAD conversion and has concluded that it is both feasible and in the City’s best interest to submit a RAD Program application and pursue the redevelopment of the Chandler Public Housing Portfolio and, accordingly, recommends approval of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chandler, Arizona, as follows: Resolution 5604 Page 2 Section 1. Authorizing the City Manager or his designee to execute and submit a Rental Assistance Demonstration (RAD) program application to the U.S. Department of Housing and Urban Development (HUD) for the redevelopment of the Chandler Public Housing Portfolio and to certify the City’s agreement to comply with all of the requirements of the RAD Program, including HUD Notice H-2019-09 PIH 2019-23 and all existing and subsequent HUD Notices, which are applicable to the RAD Program. Section 2. Approving the Housing and Redevelopment Division of the City of Chandler Department of Neighborhood Resources to act as developer/co- developer on projects related to the redevelopment of the Chandler Public Housing Portfolio. Section 3. Authorizing the City Manager or his designee to select and work with co- development partners, as determined from time to time, and proceed with all actions necessary and appropriate to implement the redevelopment of the Chandler Public Housing Portfolio through the RAD Program (all such actions together referred to as, the “Project”), including the following: a) Pursue site preparations on the Trails End Project to improve property and create housing units for the Chandler community as authorized by Resolution No. 5547, including expending pre-development costs and procuring, executing, and submitting and/or delivering all contracts, documents and instruments necessary for site preparations and pre- development. b) Form a new city-controlled non-profit corporation with the Director of the Department of Neighborhood Resources to serve as sole incorporator, with names and governance documents as approved by the City Manager or his designee. c) Select co-developer as determined necessary, form a new corporate entity or entities, of which the corporation will be a member and developer/co-developer for the Project, to serve as the ownership entity(ies) for the site. d) Procure and/or engage in funding transactions to finance the redevelopment, including submitting applications and accepting awards of Low Income Housing Tax Credits (LIHTC), seeking a LIHTC equity investor, and obtaining other grants and/or loans for the Project. e) Appropriate and expend up to $4,000,000.00 of the City’s public housing, capital funds, HOME Investment Partnerships Program (HOME), and/or affordable housing funds to provide predevelopment and gap funding. Resolution 5604 Page 3 f) Allocate Section 8 Project-Based Vouchers and/or Public Housing units, amend HUD Annual Plan(s), and enter into associated contracts or agreements, as necessary to facilitate financing, redevelopment, and operations. g) Upon City Council approval of a development agreement, convey or grant fee title or a lesser interest in all or any portion of the site to the Corporation(s), LLC(s), public utilities, and other third parties as necessary to facilitate redevelopment. h) Upon City Council approval of a development agreement, procure, execute, and submit or deliver all contracts, documents and instruments necessary for the redevelopment and operation of the Project. i) Upon City Council approval of a development agreement, use and expend the proceeds of any grants, loans, and other financing and funding sources to carry out the redevelopment and operation of the Project. j) Upon City Council approval of a development agreement, take other action necessary or appropriate to redevelop, implement, and operate all phases of the redevelopment of the Chandler Public Housing Portfolio in accordance with RAD Program requirements. Section 4. Authorizing that the following shall be included as the City Manager’s designees to take those actions necessary and prudent to implement the redevelopment of the Chandler Public Housing Portfolio, including, but not limited to, the signing of contracts, executing change orders, the expenditure of funds, the hiring of personnel or contractors, the scheduling of activities, the establishment of procedures for monitoring and evaluation of RAD program activities, and other steps necessary to ensure that the implementation of the RAD program requirements can be carried out in a timely and effective manner: (a) Director of the City of Chandler Department of Neighborhood Resources, and (b) Manager of the Housing and Redevelopment Division of the Department of Neighborhood Resources. PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____ day of ______ 20___. ATTEST: ___________________________ _________________________ CITY CLERK MAYOR Resolution 5604 Page 4 CERTIFICATION I HEREBY CERTIFY that the above and foregoing Resolution No. 5604 was duly passed and adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the _____ day of _________, 20____, and that a quorum was present thereat. ___________________________________ CITY CLERK APPROVED AS TO FORM: _____________________ CITY ATTORNEY