To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Amendment to HOME Loan Agreement and New Note for Esperanza Place
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute a First Amendment to HOME Loan Agreement between the County and HEBSV Esperanza Place, LLC (Borrower), under which the County is consenting to the following:
1. An amendment to the existing HOME Investment Partnerships Program (HOME) Loan Agreement dated November 16, 2021, under which the County loaned the Borrower $1,605,000 in Home Investment Partnerships Program (HOME) funds to assist in the construction of Phase One of Esperanza Place, a 42-unit condominium project, located at 1250 Las Juntas Way in Walnut Creek, to modify the construction completion date and to extend the term of the loan.
2. A new HOME Promissory Note to reflect the $1,605,000 HOME loan.
FISCAL IMPACT:
No General Fund impacts. HOME funds are provided to the County on a formula allocation basis through the U.S. Department of Housing and Urban Development (HUD). HOME CFDA #14.256.
BACKGROUND:
On November 16, 2021, the Board of Supervisors approved and authorized a loan and related legal documents for $1,605,000 in HOME funds to HEBSV Esperanza Place, LLC, a California limited liability company that is wholly owned and managed by Habitat for Humanity East Bay/Silicon Valley (Habitat), for Esperanza Place, a 42-unit for sale affordable condominium development in Walnut Creek. The homes will be constructed in two phases with 23 units constructed in Phase One and 19 units constructed in Phase Two. All 11 of the HOME-assisted units will be built in Phase One and will be sold to homebuyers earning up to 80% Area Median Income (AMI). The condominiums will range in size from one to four bedrooms. The units in Phase One are nearly complete, and most of the loan was disbursed to Habitat for construction of the development.
The completion of the construction of the development has been delayed. Habitat requested to modify the loan agreement to change the construction completion date, the date the HOME Loan Agreement expires, and related definitions and requirements. The proposed first amendment to the HOME Loan Agreement is proposed to retroactively take effect on April 30, 2024. The proposed first amendment would change the construction completion date of Phase One to be no later than September 30, 2024, and would also change the date that the agreement expires from April 30, 2024 to March 31, 2025.
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not approve the amendment in loan terms, the developer may not be able to complete and sell the units in the development and would need to repay the HOME loan.