Loading...
IV.4. Resolution Approving a Loan Disbursement to Alatus LIHTC I LLC CITY OF HOPKINS City Council Report 2024-028 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Revée Needham, Community Development Manager Date: March 19, 2024 Subject: Resolution Approving a Loan Disbursement to Alatus LIHTC I LLC _____________________________________________________________________ RECOMMENDED ACTION MOTION TO approve Resolution 2024-022 Approving Loan Disbursement to Alatus LIHTC I LLC. OVERVIEW The Metropolitan Council offers grant funding through its Livable Communities Demonstration Account Transit Oriented Development (LCDA-TOD) program to support high density development projects that contribute to a mix of uses along a major transit corridor. In 2021, the City of Hopkins applied for and received a $1,250,000 LCDA-TOD grant to support the landscaping, public art, and public realm improvements of the 325 Blake Road project. As part of the financing for Chorus Apartments, the City agreed to loan Alatus $220,000 of the $1,250,000 grant. The City Council approved the subgrant agreement, loan agreement, mortgage, and note in 2022 with Resolution 2022-061. With the construction of the Chorus Apartments complete, Alatus has requested their $220,000 loan disbursement. Per the Loan Agreement terms and conditions, the City Council must review and approve the request before disbursing. Alatus has submitted their receipts and disbursement request form, which have been reviewed by city staff and submitted to the Metropolitan Council for review and approval. The remaining disbursement of the LCDA-TOD grant for the site improvements will be handled administratively once the work is complete. SUPPORTING INFORMATION • Resolution 2024-022 Planning & Economic Development CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2024-022 RESOLUTION APPROVING DISBURSEMENT OF LOAN TO ALATUS HOPKINS LIHTC I LLC WHEREAS, Alatus Hopkins LIHTC I LLC (the “Redeveloper”) has acquired or will acquire and intends to redevelop or cause to be redeveloped the property located at 325 Blake Road in the City of Hopkins (the “Redevelopment Property”) as further described in the First Amended and Restated Contract for Private Development (the “Redevelopment Contract”); and WHEREAS, the Redeveloper intends to construct multiple buildings containing approximately 791 multifamily units, with 726 units of apartments, and 65 senior cooperative units, approximately 32 for sale town homes, approximately 8,000 sq. ft. of ground floor retail, 1,1000 sq. ft. sky lounge and two (2) 4,500 sq. ft. standalone restaurant pads on the Redevelopment Property (the “Project”), meeting certain affordability requirements; and WHEREAS, to assist with the costs of the Project, the City of Hopkins (the “City”), on behalf of the Redeveloper, applied for and received a Livable Communities Demonstration Account grant (the “LCDA grant”) from the Metropolitan Council in the total sum of $1,250,000; and WHEREAS, to provide financing for a portion of grant-eligible activities with respect to the construction of Phase IA - Building A (as described in the Redevelopment Contract) to construct a 6 story building with approximately 116 LIHTC apartments with 100% of the units affordable at or below 60% AMI, the City agreed to loan a portion of the LCDA grant in the principal amount of $220,000 to the Redeveloper with the Sub-Grant Agreement and Loan Agreement adopted by the City Council on the 22nd day of September 2022 with Resolution 2022-016; and WHEREAS, the Loan Agreement specifies the minimum conditions and process for requesting disbursement funds; and WHEREAS, the Redeveloper has submitted a loan disbursement form (Exhibit A) in the amount of $220,000; and WHEREAS, City staff have reviewed the loan disbursement request and submitted the materials to the Metropolitan Council for final review and approval, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby finds the evidence satisfactory to the City that the grant-eligible activities completed as of the date of the Disbursement Request Form have been constructed in accordance with the plans and specifications in all material respects. The City shall make the disbursement to the Redeveloper per the Loan Agreement terms subject to the following conditions: 1.The Redeveloper must submit any additional documentation as required by the Metropolitan Council. 2.The City shall make a disbursement to the Redeveloper in the amount of the requested disbursement ($220,000) within forty-five (45) days after the date of the City’s receipt of grant proceeds from the Metropolitan Council. 3.The principal of the loan shall be due and payable to the City per the terms of the Mortgage Note. Adopted by the City Council of the City of Hopkins this 19th day of March, 2024. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk EXHIBIT A DISBURSEMENT REQUEST FORM City of Hopkins, Minnesota 1010 First Street South Hopkins, MN 55343 Attn: City Manager The undersigned, Alatus Hopkins LIHTC I LLC, a Minnesota limited liability company (the “Borrower”), pursuant to that certain Loan Agreement, dated as September 1, 2022 (the “Loan Agreement”), between the City of Hopkins, Minnesota (the “City”), and the Borrower, hereby requests payment of the expenses listed on the attached Expense Listing. The total amount to be disbursed for this draw is $220,000.00. In connection with this draw, the undersigned hereby represents as follows: a. each obligation listed in the attached Exhibit II has been incurred and is a Project Cost related to the Grant-Eligible Activities, b. no license or permit necessary for construction of the Grant-Eligible Activities previously issued has been revoked or the issuance thereof subjected to challenge before any court of other governmental authority having or asserting jurisdiction thereover; c. no event has occurred and is continuing which, but for the giving of notice, the expiration of any cure period, or both, would constitute an event of default under the Loan Agreement or the Grant Agreement; d. all funds of the Borrower’s match, if any, have been fully disbursed for the payment of Project Costs; and e. ______% of the Grant-Eligible Activities have been completed. ALATUS HOPKINS LIHTC I LLC, a Minnesota limited liability company By: Alatus Hopkins LIHTC I LLC, a Minnesota limited liability company Its: Managing Member By: ____________________________ Name: Barrett Corwin Its: Director of Development Approved: CITY OF HOPKINS, MINNESOTA By Its City Manager 10 Exhibit II Expense Listing Expense Description Amount At Grade Retaining Walls/Pavers At Grade Plantings, Soil, Irrigation, Site Bike Racks Boulevard Plantings See highlighted expenses from subcontractor Structures Hardscape Specialists See highlighted expenses from subcontractor Gardeneer APRIL BILLINGS $11,937.50 - $597.00 (retainage) = $11,340.50 (TOD grant) $132,995.00 - $6,649.75 (retainage) = $126,345.25 (TOD) SEPTEMBER BILLINGS $98,943.50 - $4,947.18 (retainage) = $93,996.32 $9,335.00 - $466.75 (retainage) = $8,868.25 (TOD) $39,409.00 - $1,970.45 (retainage) = $37,438.55 (TOD)