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HomeMy WebLinkAboutReso 2001-063 - Redding Hotel w4 .. R RESOLUTION NO. 2001-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AN ACQUISITION AND PRE-CONSTRUCTION FUNDING AGREEMENT BETWEEN THE CITY OF REDDING, THE REDDING REDEVELOPMENT AGENCY, AND CHRISTIAN CHURCH HOMES OF NORTHERN CALIFORNIA, INC. FOR THE REDDING HOTEL WHEREAS, Christian Church Homes of Northern California, Inc. (CCH) is a non-profit public benefit corporation organized under the laws of the State of California and qualifying for Federal Tax Exempt Status under Section 501 (c)(3) of the Internal Revenue Code; and WHEREAS,the HOME Investment Partnerships Program(HOME),authorized for funding by Title II of the Cranston-Gonzalez National Affordable Housing Act of 1990, provides grants to local governments to implement housing strategies designed to increase homeownerhsip and affordable housing opportunities for low- and very low-income Americans; and WHEREAS, to facilitate the provision of affordable housing, the City of Redding (City) desires to provide HOME program funds to CCH, in conjunction with Housing Set-Aside funds provided by the Redding Redevelopment Agency(Agency),for the sole purpose of assisting CCH in the acquisition and rehabilitation of the Redding Hotel which,after rehabilitation,will include a minimum of forty(40) units of affordable housing for lower-income seniors; and WHEREAS, the parties desire for the City to provide HOME program funds to CCH, in conjunction with Housing Set-Aside funds provided by the Agency, for the acquisition of the property, for interim operating costs and for construction assistance. CCH also intends to use the HOME and Housing Set-Aside funds to support an application for low-income Housing Tax Credits (LIHC) as described in the Tax Reform Act of 1986 (as amended), and up to one additional, consecutive re-application if the initial application is unsuccessful. The terms of the provision of the funds, a portion of which will be loaned and a portion of which will be granted, are more particularly described in the Acquisition and Pre-Construction Funding Agreement. If CCH receives the LIHCs,the parties will enter into an Owners Participation Agreement(OPA)which will incorporate the terms and conditions of this Agreement and which will set forth with more particularity the mutual obligations of the parties regarding the development of the project; and WHEREAS, the City, in cooperation with the Agency, now desires to enter into this Acquisition and Pre-Construction Funding Agreement setting forth certain covenants, conditions, and restrictions regarding the City's provision of HOME program funds to CCH,in conjunction with Housing Set-Aside funds provided by the Agency,and the manner in which CCH will hold and use the funds. 0 s s 40, 4.9 / ' NOW, THEREFORE, BE IT RESOLVED by the the City of Redding as follows: 1. That the foregoing recitals are true and correct. 2. The City Council of the City of Redding hereby approves the Acquisition and Pre- Construction Funding Agreement between the City,the Agency,and CCH,providing up to$1.375 Million Dollars($1,375,000)for the acquisition of the Redding Hotel, for interim operating costs, and for the preparation of an application of LIHC to accomplish the rehabilitation of a minimum of 40 units of rental housing affordable to lower-income seniors. The City also approves, in concept,providing additional funds of up to $1.225 Million($1,225,000)for construction and relocation, subject to the execution of an Owners'Participation Agreement with CCH. In any event,the total aggregate amount approved from all Agency and City sources for this project is $2.6 Million Dollars ($2,600,000). 3. The Mayor is hereby authorized and directed to sign all necessary documents on behalf of the City Council and the City Clerk to attest the signature of the Mayor. 4. A true copy of the Acquisition and Pre-Construction Funding Agreement referred to herein is attached and made a part hereof. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of April 2001, as duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Cibula, Kight, Pohlmeyer, Stegall & McGeorge NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None / _ c,� /�%r���._ David L. .- eorge lyor/ ATTEST: APPROVED AS TO FORM: 1 C2>Zd__ ___ 6 �, �t • G�,�y2!, // ;f c t. onnie Stro eyer, Cityler W. Leonard Wingate, Cit Lorne Y g � Y Y N.\Redding HotelsCity Predevelopnent.reso wpd - e .R i f ACQUISITION AND PRE-CONSTRUCTION FUNDING AGREEMENT BETWEEN REDDING REDEVELOPMENT AGENCY, CITY OF REDDING AND CHRISTIAN CHURCH HOMES OF NORTHERN CALIFORNIA, INC. THIS AGREEMENT is made by and between the REDDING REDEVELOPMENT AGENCY, an agency of the State of California, ("AGENCY"), the CITY OF REDDING, a municipal corporation, ("CITY"), and CHRISTIAN CHURCH HOMES OF NORTHERN CALIFORNIA, INC., a California Nonprofit Public Benefit Corporation, ("CCH"). RECITALS A. CCH is a nonprofit public benefit corporation organized under the laws of the State of California and qualifying for Federal Tax Exempt Status under Section 501 (c)(3)of the Internal Revenue Code. B. California Health and Safety Code Section 33334.3 of the Community Redevelopment Law requires that housing units assisted with funds from the Low- and Moderate- Income Housing Fund be made available at affordable housing costs to persons and families of low- or moderate-income. California Health and Safety Code Section 33413 of the Community Redevelopment Law requires that low- or moderate-income households that are removed or destroyed as part of a project financed in whole or in part by the AGENCY be replaced within four (4)years. • C. To facilitate the provision of affordable low-income rental housing and to fulfill a portion of its replacement housing obligations as defined in California Health and Safety Code Section 33413, AGENCY desires to loan and grant Housing Set-Aside funds and CITY desires to loan and grant HOME Program funds to CCH for the sole purpose of assisting CCH in the acquisition and rehabilitation of a property to result in a minimum of forty(40)rental units available to seniors at affordable housing cost as defined by HOME Program guidelines, and available at affordable housing costs for the term of this agreement or the length of affordability of rents identified in the LIHC application,whichever is longer(the"Project"). The property,which is the subject of the Project, is located at 1727 Market Street and described in Exhibit 1, "Legal Description and Site Map,"attached hereto and incorporated by this reference(the"Property"). The Property, known as the Redding Hotel, includes ninety-three(93)units, sixty-seven(67)of which are occupied as of April 03, 2001. D. The parties desire for AGENCY to loan Housing Set-Aside funds and CITY to loan HOME Program funds to CCH for the acquisition of the Property and for pre-construction associated costs(the"Acquisition and Pre-Construction Loan"). The parties also desire for AGENCY to grant Housing Set-Aside funds and CITY to grant HOME Program funds to CCH to support pre- construction operating costs (the"Operating Grant"). CCH intends to use the Housing Set-Aside and HOME Program loan and grant funds to support an application for Low-Income Housing Tax Credits ("LIHC") as described in the Tax Reform Act of 1986 (as amended), and one additional, consecutive reapplication if the initial application is unsuccessful. If CCH receives the LIHC, AGENCY and CCH will enter into an Owner's Participation Agreement ("OPA") which will incorporate the terms and conditions of this Agreement and which will set forth with more particularity the mutual obligations of the parties regarding the rehabilitation of the Project. The Acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 2 Acquisition and Pre-Construction Loan will convert from a deferred loan to a residual receipts loan as set forth in this Agreement and CCH will apply to secure additional project financing. If CCH does not receive the LIHC following the second application,AGENCY and CCH shall enter into the OPA with a modified scope of rehabilitation and CCH shall apply to CITY for a loan of up to One Million Dollars($1,000,000)in HOME Program funds to carry out the rehabilitation. In any event, the total amount of funds loaned and granted to CCH for this project by the AGENCY and the CITY shall not exceed Two Million Six Hundred Thousand Dollars ($2,600,000) in the aggregate. E. On February 22,2000,the AGENCY provided a grant of up to Seventy-Six Thousand Dollars ($76,000) for the purpose of evaluating project feasibility(the"Pre-Development Grant"), the work elements ofwhich as completed are summarized in Exhibit 2,"Pre-Development Tasks and Activities," attached hereto and incorporated by reference. F. AGENCY, CITY, and CCH now desire to enter into this Acquisition and Pre- Construction Funding Agreement setting forth certain covenants, conditions, and restrictions regarding the AGENCY's and CITY's provision of Housing Set-Aside funds and HOME Program funds to CCH and the manner in which CCH will use the funds. AGREEMENT 1. TERM. The term of this Agreement shall be fifty-five(55) years from the date of this Agreement or the length of the affordability of rents identified in the LIHC application, whichever is longer.Notwithstanding the full repayment of the AGENCY's or CITY's Acquisition and Pre-Construction loan as provided for in this Agreement,either prior to or at the due date of such loan,all terms and conditions of this Agreement shall remain binding on the parties for the full term of this Agreement. 2. ACQUISITION AND PRE-CONSTRUCTION LOAN. A. Deferred Acquisition and Pre-Construction Loan("Deferred Loan").AGENCY and CITY shall loan to CCH an amount not to exceed One Million One Hundred Fifty Thousand Dollars ($1,150,000), evidenced by separate promissory notes in favor of AGENCY and CITY, the respective amounts of which are to be later specified by AGENCY and CITY. B. The Deferred Loan promissory notes shall bear simple interest at three percent(3%) per annum. Interest shall start to accrue on the amounts advanced on the note at the time of the advance as set forth in this Agreement and the promissory notes. C. The promissory notes shall be secured by Trust Deeds in favor of AGENCY and CITY. D. Residual Receipts Acquisition and Pre-Construction Loan ("Residual Receipts Loan"). Within ninety(90) days of the date that CCH receives notice of any award of LIHC which Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 3 reflects the terms and conditions of this Agreement, the parties shall execute a new loan which converts the Deferred Loan,including any and all accrued interest,into the Residual Receipts Loan as permanent financing with the following terms: (1) The Residual Receipts Loan shall be evidenced by promissory notes in favor of AGENCY and CITY in amounts to be specified in the Owners'Participation Agreement executed pursuant to Section 5 of this Agreement ("OPA"), which shall be secured by Trust Deeds on the Property.The Trust Deeds may be recorded subordinate to conventional permanent financing and/or the payment of any deferred Developer's Fee(as defined in Title 4,California Code of Regulations, Section 10327(c)(2))upon the prior written consent of AGENCY.At the time of recordation of the new Trust Deeds for the Residual Receipts Loan in favor of AGENCY and CITY, AGENCY and CITY shall cancel the promissory notes evidencing the Deferred Loan and shall reconvey to CCH any prior outstanding original instruments securing the Deferred Loan promissory notes. (2) The promissory notes shall bear simple interest at three percent (3%) per annum. Interest shall start to accrue at the time the promissory notes are executed. (3) The Residual Receipts Loan made pursuant to this Section 2 shall be a loan with annual payments as provided in this Section 2, contingent upon the availability of residual receipt funds,and with payment in full of the remaining balance of principal and interest forty(40) years from the date of the promissory notes on the Deferred Loan issued pursuant to subsection A of this Section 2. For purposes of this Agreement,"residual receipts"shall mean any cash generated by Project operations remaining after: (a) The payment of: (i) All amounts required to be deposited in the reserve fund for replacements; (ii) All obligations of the project other than the Acquisition and Pre-Construction Loan including amortized payments on superior loans and payment of any outstanding developer fee; and (b) The segregation of: (i) An amount equal to the aggregate of all special funds required to be maintained by the Project; (ii) All tenant security deposits held. (4) Within sixty(60)days after the end of each fiscal year,any residual receipts realized from the operation of the Project shall be deposited in a separate residual receipts account. The residual receipts account shall be under the exclusive control of the AGENCY and CITY, and •I Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 4 AGENCY or CITY may withdraw any such funds from the residual receipts account at any time and for any purpose. Any such residual receipts deposited in the residual receipts account shall be credited as a payment on the Acquisition and Pre-Construction Loan and shall be applied first to reducing the interest on the loan. (5) No later than six(6)months prior to the beginning of the second full year of operation of the Project, and annually thereafter, CCH shall provide AGENCY with a cash flow analysis and revenue projection prepared by a disinterested certified public accountant for the purpose of confirming CCH's repayment projections of the residual receipts loan. (6) CCH may pay in full, or any part, of the Acquisition and Pre-Construction Loan prior to the due date without penalty. (7) The full amount of the loan,including principal and all accrued interest,shall become immediately due and payable upon the occurrence of any of the following: (a) Except as specifically provided in this Agreement or the OPA, title to the Property is transferred by sale or other means; (b) Development of the Project is not completed by the deadline set forth in Section 6C of this Agreement; (c) CCH fails to utilize the Property for Project; or (d) A breach of this Agreement, as defined in Section 11 of this Agreement, or a breach of the OPA. E. Except as set forth in Subsections H and I below and Section 4 of this Agreement, until such time as CCH receives a preliminary reservation of LIHC or receives notification that the second and final application for the LIHC has been denied, the Acquisition and Pre-Construction Loan shall be a deferred loan with payment in full of principal and interest forty(40)years from the date of the promissory note. F. CCH shall use the proceeds of the Acquisition and Pre-Construction Loan solely for the following items and no others: (1) Payment of up to Nine Hundred Thousand Dollars ($900,000) toward the purchase price of the Property. (2) Payment of up to Two Hundred Fifty Thousand Dollars ($250,000) in pre- construction costs incurred after March 06, 2001, the date the AGENCY and CITY approved in concept the funding commitments contained within this Agreement, which costs are set forth in Exhibit 3, "Pre-Construction Costs" attached hereto and incorporated herein by reference. CCH Acquisition and Pre-Construction Punding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 5 shall secure the prior written consent of AGENCY for use of these funds for any other costs or expenses other than those set forth in Exhibit 3. (3) Payment of standard closing costs of escrow. G. CCH may pay in full,or any part of,the Acquisition and Pre-Construction Loan prior to the due date without penalty. H. If CCH does not receive an award of LIHC which reflects the terms and conditions set forth in this Agreement on or before June 01,2002, after two successive applications,and CCH does not enter into an OPA with modified terms as provided in Section 5 of this Agreement on or before August 01,2002,which date may be extended in advance by mutual written agreement of the parties,AGENCY and CITY, in their sole discretion, shall have the unconditional, unilateral right to do any of the following: (1) Require CCH to sell the Property within six (6) months at a price and with terms acceptable to AGENCY and immediately pay to AGENCY and CITY all proceeds from the sale upon which AGENCY and CITY shall deem the Acquisition and Pre-Construction Loan promissory notes fully satisfied and shall release CCH from its obligation to AGENCY and CITY under the Acquisition and Pre-Construction Loan promissory notes; or (2) Require CCH to transfer to AGENCY title to the Property and all of CCH's interests and rights in any and all architectural and engineering plans, appraisals, environmental reports,and any and all relevant third party reports concerning the Property and the Project that have been funded with the Pre-Development Grant and the Acquisition and Pre-Construction Loan.Upon completion of such a transfer to the satisfaction of AGENCY,AGENCY and CITY shall deem the Acquisition and Pre-Construction Loan promissory notes fully satisfied and shall release CCH from its obligation to AGENCY and CITY under the Acquisition and Pre-Construction Loan promissory notes. ; or (3) In the event sale or transfer cannot be accomplished as provided above, declare a default on the Acquisition and Pre-Construction Loan promissory notes for a failure to obtain LIHC and enforce the power of sale contained in the Trust Deeds. I. The full amount of the Acquisition and Pre-Construction Loan,including principal and all accrued interest, shall become immediately due and payable upon the occurrence of either of the following: (1) Except as specifically provided in this Agreement, title to the Property is transferred by sale or other means; or (2) A breach of this Agreement. Acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 6 3. OPERATING GRANT. A. The Operating Grant shall be for the sole purpose of paying a portion of the normal and ordinary expenses incurred in operating the Property until renovation of the Property is complete, such expense items being limited to those shown in Exhibit 4, "Operating Expense Items." The Operating Grant shall be disbursed to CCH monthly beginning July 01, 2001 in the amount of Eighteen Thousand Seven Hundred Fifty Dollars($18,750)per month for twelve(12)months up to a total amount not to exceed Two Hundred Twenty-Five Thousand Dollars($225,000). CCH shall maintain accurate and complete records of monthly income and expenses. Within sixty (60) days following full disbursement of the Operating Grant to CCH, CCH shall submit to the AGENCY an audit of the operating income and expenses incurred following the date CCH acquired the Property. The audit shall be performed by an auditor mutually selected by the AGENCY and CCH. The total amount of surplus cash remaining as shown by the audit shall be returned to the AGENCY within thirty (30) days of completion of the audit. 4. DISPOSITION OF ACOUISITION AND PRE-CONSTRUCTION LOAN PROCEEDS; ESCROW A. The Acquisition and Pre-Construction Loan set forth in Section 2 of this Agreement shall be completed through an escrow established with Chicago Title ("Escrow Holder"). Close of Escrow shall occur on a date that is forty-five (45) days or less from the date of this Agreement ("Close of Escrow"). B. At Close of Escrow,Escrow Holder shall record the Trust Deeds in the Shasta County Recorder's Office pursuant to the escrow instructions of AGENCY, CITY, and CCH. C. Concurrent with recordation of the Trust Deeds, Escrow Agent shall issue an ALTA policy of mortgage title insurance in the combined amount of the promissory notes set forth in Section 2 above.Said policy shall show title to the property vested in CCH,and insure AGENCY and CITY as beneficiary. D. Within five(5)business days of the date escrow holder confirms receipt of approved escrow instructions from all parties,the AGENCY/CITY shall release the amount of the Acquisition and Pre-Construction Loan in the form of a check made payable to Escrow Holder. At Close of Escrow, Escrow Holder shall disburse the funds as directed by the approved escrow instructions. E. Pursuant to the terms of this Agreement and the Acquisition and Pre-Construction Loan promissory notes,AGENCY shall retain the Two Hundred Fifty Thousand Dollars($250,000) for pre-construction costs as set forth in Exhibit 3, and shall advance to CCH, upon presentation to AGENCY of a written request for disbursement, the amount of loan proceeds necessary to pay for each itemized pre-construction cost described in Exhibit 3 as the cost for each such item is incurred. 5. OWNERS'PARTICIPATION AGREEMENT. Within sixty(60)days of the date that CCH receives notice of any award of LIHC which reflects the terms and conditions of this acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 7 Agreement, AGENCY and CCH shall enter into the OPA which will incorporate the terms and conditions of this Agreement and which will set forth with more particularity the mutual obligations of AGENCY and CCH regarding the development of the Project. If CCH does not receive an award of LIHC which reflects the terms and conditions set forth in this Agreement on or before June 01, 2002, CCH shall, on or before August 01, 2002, enter into an OPA with modified terms. 6. RESPONSIBILITIES OF CCH. A. The projected budget is set forth in Exhibit 5,"Pro-Forma Budget"attached hereto and incorporated herein by reference, and reflects "not-to-exceed" total project costs. CCH, in consultation with AGENCY and CITY shall finalize the Project budget and incorporate it by reference into the OPA; however, the parties shall endeavor to ensure the final Project budget is substantially consistent and similar with Exhibit 5. B. CCH shall use the Acquisition and Pre-Construction Loan proceeds to acquire the Property and to support an application for Low-Income Housing Tax Credits("LIHC")as described in the Tax Reform Act of 1986(as amended),and up to one additional, consecutive reapplication if the initial application is unsuccessful. C. All units of the Project shall be rehabilitated and ready for occupancy within forty- eight (48) months from the date of this Agreement. D. Affordability Restrictions. (1) The affordability restrictions of this Section will remain in full force and effect for the term of this Agreement or the length of affordability of rents identified in the LIHC application, whichever is longer(the "Affordability Period"). (2) One hundred percent(100%)of the units on the property shall be occupied by households qualified for occupancy of a LIHC unit as more specifically defined by Internal Revenue Code Section 42 and the California Tax Credit Allocation Committee. (3) Rent charged for each of the units during the Affordability Period shall not exceed the amount allowed for a LIHC unit. (4) CCH shall prepare an annual report to be submitted to AGENCY by February 28'of each year during the Affordability Period.The report shall contain information on the income levels of the households occupying each unit, the rent charged by CCH for each unit, and any other project information that is required by State redevelopment law and reasonably requested by AGENCY. E. Non-Discrimination Restrictions. All units constructed under this Agreement shall be open, upon rental of any portion thereof,to all persons regardless of race,color,religion,national origin,or ancestry.All contractors and subcontractors utilized to construct any portion of the Project Acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California, Inc. Page 8 shall provide equal opportunity for employment,without discrimination as to race,sex,marital status, color, religion, national origin, or ancestry. All leases utilized for the developed units shall contain the following language: The Lessee herein covenants by and for himself or herself, his or her heirs, executors,administrators,and assigns,and all persons claiming under or through him or her, that this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure,or enjoyment of the premises herein leased nor shall the Lessee himself,or any person claiming under or through him or her,establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use,or occupancy,of tenants, lessees, sublessees,subtenants, or vendees in the premises herein leased. F. CCH shall not initiate any action that results in the displacement of any residents or businesses residing in the existing improvements on the Property without the prior written consent of the AGENCY. CCH shall advise any subsequent post-acquisition tenants residing in the existing improvements on the Property that the Property has been acquired for the Project and that they will not be eligible to receive relocation assistance upon termination of tenancy. G. It is anticipated by the Parties that displacement of residents will occur as part of the rehabilitation of the Project. CCH shall coordinate Project activities and relocation activities so as to ensure compliance with all applicable Federal, State, and local relocation laws and regulations, including without limitation,compliance with the Uniform Relocation Assistance Act,the California Relocation Assistance Law,California Government Code Section 7260 et.seq.,and all Federal,State, and local regulations implementing such laws. The proceeds of the Relocation Loan shall be used exclusively to pay costs incurred in carrying out relocation activities that are incurred following execution of this Agreement, but in no event shall the AGENCY's and CITY's total aggregate assistance of loans and grants to CCH under this Agreement exceed $2,600,000. H. Developer Fee. CCH shall be entitled to collect the Developer Fee(as defined in Title 4, California Code of Regulations, Section 10327 (c)(2)) in an amount not to exceed Four Hundred Thousand Dollars ($400,000) as shown in Exhibit 5 hereto. I. Architectural/Design Review. Within thirty (30) of execution of this Agreement,CCH shall provide preliminary exterior elevations and design concepts to the AGENCY for the AGENCY's review and approval. The CITY MANAGER shall have fifteen (15)days from CCH's submission to review and approve the preliminary exterior elevations and design concepts. • Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 9 If the CITY MANAGER does not approve of these elevations and design concepts, the CITY MANAGER shall provide a reason for its disapproval. CCH shall then submit revised elevation and design concepts withing fifteen (15) days and the CITY MANAGER shall have fifteen (15) days following CCH's resubmission to approve or deny these revised elevations and design concepts. 7. COMPLIANCE WITH LAWS. CCH shall comply at all times during the term of this Agreement with all applicable laws and requirements, including any applicable Federal, State, or local laws or regulations, and shall secure at their full cost and expense any and all permits, applications or other requirements in connection therewith. 8. INSURANCE. A. CCH shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with CCH's operation and use of the premises. The cost of such insurance shall be borne by CCH. (1) Minimum Scope of Insurance: Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage(occurrence form CB 0001). Claims made form is also acceptable. (2) Minimum Limits of Insurance: CCH shall maintain limits no less than General Liability - $1,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit or$2,000,000. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the Risk Manager of the City of Redding. At the option of the Risk Manager, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the AGENCY, the CITY, its officers, officials, employees and volunteers; or CCH shall procure a bond guaranteeing payment of losses and related investigations, claims administration, and defense expenses. (4) Other Insurance Provisions: The general liability policy is to contain, or be endorsed to contain, the following provisions: (a) The AGENCY,the CITY,its officers,officials,employees,agents,and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of CCH; products and completed operations of the CCH; premises owned, occupied, or used by the CCH. The coverage shall contain no special limitations of the scope of protection afforded to the AGENCY, the CITY, its officers, officials, employees, agents, or volunteers. Acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 10 (b) CCH's insurance coverage shall be primary insurance as respects the AGENCY,the CITY,its officers,officials,employees,agents,and volunteers.Any insurance or self- insurance maintained by the AGENCY, the CITY, its officers, officials, employees, agents, or volunteers shall be excess of CCH's insurance and shall not contribute with it. (c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty(30) days prior written notice has been given to the entity. (5) Hazard Insurance: CCH shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,"and such other hazards as the AGENCY and the CITY may require and in such amounts for the full term of the Agreement. All insurance policies and renewals thereof shall be in form acceptable to the AGENCY and shall include a standard mortgage clause in favor of and in form acceptable to the AGENCY and the CITY. Subject to the rights of the holder of a prior deed of trust, the AGENCY and the CITY shall have the right to hold the policies and renewals thereof,and CCH shall promptly furnish to AGENCY and CITY all renewal notices and all receipts of paid premiums. In the event of loss,CCH shall give prompt notice to the insurance carrier and AGENCY and CITY. AGENCY and CITY may make proof of loss if not made promptly by CCH. (6) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. (7) Verification of Coverage: CCH shall furnish the Risk Manager of the City of Redding with certificates of insurance and original endorsements effecting coverage required by this clause.The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the Risk Manager of the City of Redding before funds are disbursed under this Funding Agreement. 9. INDEMNITY/HOLD HARMLESS. A. CCH shall indemnify and defend the AGENCY,the CITY,and their officials,officers, employees, agents, and volunteers against and hold them harmless from any and all claims, losses, damages, and liability for damages,including attorney's fees and other costs of defense incurred by the AGENCY, the CITY, and their officers, employees, agents, or volunteers, whether for damage to or loss of property or injury to or death of person, including properties of the AGENCY and the CITY and injury to or death of the AGENCY's or CITY's officials, officers, employees, agents, or volunteers arising, directly or indirectly out of, or resulting from CCH's activities hereunder or the Project described herein or the construction of the Project,unless such damage, loss, injury or death is caused by the negligence or willful misconduct of the AGENCY, the CITY, and their officials, officers, employees, agents or volunteers. • Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 11 B. The AGENCY and the CITY shall indemnify and defend CCH and its officials, officers,employees,agents,and volunteers against and hold them harmless from any and all claims, losses, damages, and liability for damages, including attorney's fees and other costs of defense incurred by CCH, its officials,officers,employees,agents, or volunteers, whether for damage to or loss of property, or injury to or death of person, including properties of CCH and injury to or death of CCH's officials,officers,employees,agents,or volunteers arising directly or indirectly out of,or resulting from the AGENCY's or CITY's activities hereunder or the Project described herein or the construction of the Project,unless such damage, loss, injury or death is caused by the negligence or willful misconduct of CCH, its officials, officers, employees, agents, or volunteers. 10. DEFAULT OR BREACH. The occurrence of the following shall constitute a breach or default of this Agreement by the parties: Failure to perform any provision of this Agreement if the failure to perform is not cured within sixty(60)days after notice of the failure has been given to the defaulting party. If the breach or default cannot be reasonably cured within sixty (60) days, the defaulting party shall not be in breach or default of this Agreement if the defaulting party commences to cure the breach or default within the sixty (60) day period and diligently and in good faith continues to cure the default. Notices given under this Section shall specify the alleged breach or default,and shall demand that the defaulting party perform the provisions of this Agreement within the applicable time period, or the Agreement is terminated. No such notice shall be deemed a termination of this Agreement unless the non-defaulting party specifically so elects in the notice. The non-defaulting party,at any time after defaulting party commits a breach or default of this Agreement, can cure the breach or default at the defaulting party's cost. If the non-defaulting party, at any time,by reason of the defaulting party's breach or default, pays any sum or does any act that requires the payment of any sum, the sum paid by the non-defaulting party shall be due immediately from the defaulting party to the non-defaulting party at the time the sum is paid, and if paid at a later date shall be subject to interest at an annual rate of ten percent (10%). The sum, together with any accrued interest, shall be an additional sum owed to the non-defaulting party pursuant to this Agreement. 11. STATUS OF PARTIES. CCH is an independent contractor for purposes of this Agreement. Neither party to this Agreement is, or may represent itself to be, an agent, partner, employee, or joint venturer of or with the other party by reason of this Agreement. Neither party is authorized to enter into agreements or create any debts or obligations on behalf of the other party. 12. NONRECOURSE OBLIGATION. Neither CCH nor any partner ofCCH shall have any direct or nondirect personal liability for payment of the principal of, or interest on, the Acquisition and Pre-Construction Loan or the performance of the covenants of CCH under the Deeds of Trust securing such loans. The sole recourse of the AGENCY and the CITY with respect to the principal of, or interest on, the Acquisition and Pre-Construction Loan and defaults by CCH in the Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 12 performance of its covenants under the applicable Deeds of Trust shall be to the property described in the Deeds of Trust. 13. ENTIRE AGREEMENT. This Agreement, which includes all exhibits attached hereto and incorporated herein by reference, contains all the representations and the entire understanding and Agreement between the parties pertaining to the loan of AGENCY and CITY funds to CCH for the Project or any other matters connected therewith. All correspondence, memoranda, or oral or written Agreements pertaining to the loan of AGENCY and CITY funds to CCH for the Project,which originated before the date of this Agreement are null,void and no longer in force and with no effect,and are replaced in total with this Agreement unless otherwise expressly stated in this Agreement. This Agreement shall not be altered, amended, or modified except by a writing signed by the AGENCY, he CITY, and CCH. 14. INVALID PROVISIONS. In the event any covenant,condition,or provision of this Agreement is held invalid by any court of competent jurisdiction,the invalidity of the same shall in no way affect any other covenant, condition, or provision thereof, provided that the validity of any such covenant,condition,or provision does not materially prejudice the AGENCY,the CITY or CCH in their respective rights and obligations contained in the valid covenants,conditions,and provisions. 15. NOTICE. Any notices or demands that may be given by either party hereunder shall be deemed to have been fully and properly given when made in writing, enclosed in a sealed envelope,and deposited in the United Stated Post Office, certified mail,postage prepaid,addressed as follows: REDDING REDEVELOPMENT CHRISTIAN CHURCH HOMES OF AGENCY and CITY OF REDDING NORTHERN CALIFORNIA, INC. Executive Director, Redding Redevelopment Executive Director Agency and Christian Church Homes of Northern City Manager, City of Redding California, Inc. 777 Cypress Avenue 303 Hegenberger Road, Suite 201 P.O. Box 496071 Oakland, California 94621-1419 Redding, California 96049-6071 With a copy to: M. David Kroot Goldfarb & Lipman 1300 Clay Street, 9th Floor Oakland, CA 94612 16. ATTORNEY'S FEES. In any dispute between the parties to this Agreement, the prevailing party shall be entitled to recover from the other party all reasonable costs, including without limitation, reasonable attorney's fees. "Prevailing party" shall include without limitation, a party who dismisses an action for specific performance or for damages in exchange for sums • Acquisition and Pre-Construction runding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 13 allegedly due,performance for covenants allegedly breached or consideration substantially equal to the relief sought in the action,or which receives from the other party,in connection with any dispute, performance substantially equivalent to any of these. No sum for attorney fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorney fees. 17. BINDING. Subject to the restrictions against assignment contained in this Agreement, this Agreement is and shall be binding upon the parties hereto and their successors and assigns, and shall remain in full force and effect until terminated as provided in this Agreement. 18. AUTHORITY OF SIGNATORIES. The undersigned individuals represent and warrant that they each have full authority to enter into and be bound by this Agreement on behalf of themselves and each entity on whose behalf they execute this Agreement. Don H. McCreary is authorized to execute this Agreement on behalf of CCH by resolution of CCH's board of directors, a true and correct copy of which is attached hereto as Exhibit 6 and incorporated herein by reference. 19. ASSIGNMENT. Neither this Agreement nor any interest in this Agreement will be assignable by any party without the prior written consent of the other party. CCH shall not cause or permit any sale,assignment,conveyance,lease,or transfer in any other form of or with respect to this Agreement,or the Property, or any part thereof or any interest therein,or contract or agree to do any of the same, without the prior written approval of AGENCY and CITY. Any sale, assignment, conveyance, lease, or transfer without AGENCY's written consent constitutes a breach of this Agreement. Notwithstanding the above, CCH may assign, transfer, lease, or convey its interest in the Property to an affiliated nonprofit corporation controlled by CCH or to a limited partnership in which CCH or its subsidiary nonprofit corporation is the managing general partner for purposes of applying for the LIHC. 20. HEADINGS,REFERENCE,JOINT&SEVERAL LIABILITY,GOVERNING LAW. The captions heading the various sections of this Agreement are for convenience and shall not be considered to limit, expand, or define the contents of the respective sections. Masculine, feminine,or neuter gender,and the singular and the plural number shall each be considered to include the other whenever the context so requires. If any party consists of more than one person, each such person shall be jointly and severally liable.This Agreement shall be interpreted under California law and not in favor of or against any party. 21. NO PARTY DEEMED DRAFTER. In the event of a dispute between the parties to this Agreement over the meaning of this Agreement, no party shall be deemed to have been the drafter of this Agreement,and the principle of law that contracts are construed against the drafter shall not apply. 22. TIME OF ESSENCE. Time is of the essence in this Agreement. Failure to comply in a timely manner with the provisions of this Agreement shall be deemed a breach of the Agreement. • Acquisition and Pre-Construction Funding Agreement Redding Redevelopment Agency,City of Redding and Christian Church Homes of Northern California,Inc. Page 14 23. DATE OF AGREEMENT. The date of this Agreement shall be the date the Agreement is signed by the AGENCY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives on the days and year set forth below. AGENCY: REDDING REDEVELOPMENT AGENCY Dated: PAT KIGHT, Chairman ATTEST: APPROVED AS TO FORM: KURT STARMAN, Secretary David E. Tranberg, Assistant City Attorney CITY: CITY OF REDDING Dated: DAVID L. MCGEORGE, Mayor ATTEST: APPROVED AS TO FORM: Connie Strohmayer, City Clerk W. LEONARD WINGATE, City Attorney CCH: CHRISTIAN CHURCH HOMES OF NORTHERN CALIFORNIA, INC. Date: DON H. MCCREARY, Executive Director Exhibit 1 Legal Description and Site Map ALL THAT CERTAIN REAL PROPERTY SITUATE IN CITY OF REDDING, COUNTY OF SHASTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 4, 5 AND 6 IN BLOCK 38, AS SHOWN ON THE MAP OF TOWN OF REDDING, RECORDED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 25, 1872 IN BOOK OF OLD PLATS AT PAGE 65, SHASTA COUNTY RECORDS. ASSESSOR'S PARCEL NUMBER 101-120-19 AW:„ 04` a 11 a, 51 • 00 Iiiiii. 0 Illklt 11111 0 .:' I I Redding Hotel Isk 0 .., ,...; os • ...is a la'A 'c , i 1•ittY1 • �o,•WO 1* N Redding Hotel LEGAL DESCRIPTION.%%pd Exhibit 2 PRE-DEVELOPMENT TASKS AND ACTIVITIES Land Option $ 3,000 Engineering/Architectural Services 30,000 Survey 4,000 Soil Analysis 4,000 Phase I Environmental Analysis 2,000 Attorney Fees 3,000 Preliminary Relocation Plan 5,000 Market Study 10,000 General Administration 5,000 Contingency 10,000 TOTAL $ 76,000 N:\Redding Hotel'\.Eahibit 2.wpd • - I Exhibit 3 Pre-Construction Costs Title Cost for Initial Acquisition $ 10,000 Architectural and engineering 200,000 to 240,000 (1/2 to be expended by June 15) 120,000 Survey 4,000 Environmental Phase 1 (update) 1,000 Consultant 9,000 Attorneys 18,000 -Option document -Initial Partnership -DDA -Nonprofit Plan Check and Other Fees to the City 10,000 Relocation Plan 12,000 Market Residential Study(update) 1,000 Administrative 24,000 Tax Credit Application and Reservation Fee 17.000 226,000 Contingency 24.000 $ 250,000 N:'Redding Hotel\E,hibit 3.wpd . EXHIBIT 4 BUDGET APARISION FACILITY ..EDDING • NO. OF UNITS 77 BUDGET PUPA INCOME 5122 POTENTIAL RENTS (0277,200 • 3,600 5140 COMMERCIAL RENTS (z) 30,240 393 5170 PARKING 0 5220 VACANCIES (6(129,600) (1,683) 5240 COMMERCIAL VACANCIES @) (4,500) (58) NET RENTAL INCOME 173,340 2,222 OTHER INCOME 5410 INTEREST INCOME 5910 LAUNDRY 720 9 5921 TENANT SERVICES 0 5930 CLEANING 0 5990 MISC. INCOME 0 5995 CITY SUBSIDY (c)225,000 TOTAL OTHER INCOME 225,720 2,894 TOTAL INCOME 399,060 5,116 • EXPENSES ADMINISTRATIVE 6210 ADVERTISING 400 5 6250 MARKETING 500 6 6310 OFFICE SALARIES 22,560 293 6311 OFFICE EXPENSES 1,200 16 6320 MANAGEMENT FEE (6)38,110 495 6325 SOCIAL SERVICES 5,000 65 6326 SOCIAL SERV. SUPPORT 0 6328 SOCIAL SERV. SUPPLIES 200 3 6330 ADMINISTRATIVE SALARIES 32,400 421 6331 EMPLOYEE SUITE 0 0 6332 COMMERCIAL TENANT CONCESS. 0 6340 LEGAL 11,000 143 6350 AUDIT 4,500 58 6351 BOOKKEEPING FEE (7)4,620 60 6360 TELEPHONE 2,240 29 6370 BAD DEBT EXPENSE 0 0 6390 MISC. BUSINESS EXPENSE 600 8 6391 SOCIAL PROGRAM 200 3 6392 DUES & MEMBERSHIPS 0 0 6393 TRAVEL & CONFERENCE 1,000 13 6394 COMPUTER EXPENSE 3,000 39 TOTAL ADMINISTRATIVE 127,530 1,635 • BUDr-COMPARISION • FACILITY AEDDING NO. OF UNITS Ti BUDGET PUPA UTILITIES 6450 ELECTRICITY 42,320 550 6451 WATER 5,000 65 6452 GAS (%) 24,000 312 TOTAL UTILITIES (9) 71,320 914 OPERATING &MAINTENANCE 6515 BUILDING SUPPLIES 2,500 32 6510 JANITOR/CLEANING PAYROLL 12,500 162 6517 JANITORIAL CONTRACTS 0 0 6519 EXTERMINATOR 2,000 26 6525 RUBBISH REMOVAL (to) 6,300 82 6530 SECURITY 3,000 39 6531 EMERGENCY STANDBY 3,600 47 6536 LAWN, GROUNDS 0 6537 GROUNDS CONTRACT 0 6540 MAINTENANCE PAYROLL 26,000 338 6541 REPAIRS MATERIALS 5,000 65 6542 REPAIRS CONTRACT (Ii) 35,000 455 6544 WINDOW WASHING 0 0 6545 ELEVATOR 6,000 78 6546 HEATING/COOLING 8,000 234 6560 PAINTING & DECORATING 2,000 26 6561 DRAPERY REPL, CLEANING 750 10 6562 CARPET REPL., CLEANING 3,000 39 6563 MINOR FURNISHING & EQUIP 1,000 13 6570 EQUIPMENT&TOOLS 1,000 13 6571 MAINT. EQUIP. OPER. & REPAIR 0 0 6590 MISC. OPERATING 2,000 26 6591 CABLE OPERATING 0 0 TOTAL OPER. & MAINT. 129,650 1,662 INSURANCE &TAXES 6710 PROPERTY TAX 1,500 19 6711 PAYROLL TAXES 7,425 96 6712 UNEMPLOYMENT INS 971 13 6719 MISC. TAXES, LICENSES 200 3 6720 PROPERTY INS. (IL) 9,625 181 6721 BOND INSURANCE 220 3 6722 WORKER'S COMP (1 ) 4,580 38 6723 HEALTH & DISABILITY 17,596 229 6724 PENSION 0 0 6729 OTHER INSURANCE 1,200 16 i TOTAL INSURANCE & TAXES 46,003 590 TOTAL EXPENSES 374,503 4,801 NET BEFORE DEBT SERVICE 24,557 315 BUDG' 'OMPARISION FACIUTY :DOING NO. OF UNITS n BUDGET PUPA DEBT SERVICE 6820 MORTGAGE INTEREST 25,760 330 6821 MORTGAGE PRINCIPAL 0 6823 RESERVE FOR REPLACEMENT 0 6824 OTHER RESERVE 0 6850 MORTGAGE INS. PREMIUM 0 TOTAL DEBT SERVICE 25,760 330 NET AFTER DEBT SERVICE (1,203) (18) 7051 CAPITAL EXPENDITURES 0 Hotel Redding Budget FOOTNOTES 1. $300/ per month x 77 units total 2. Commercial space = 20% of total of 21,000 sq. Ft. 4,200 sq. ft. X .60 sq.ft. = $2,520 per month x 12 = $30,240 3. 36 vacant units x $300 x 12 months + 10% vacancy 4. Estimated at 15% based upon Lorenz Hotel experience 5. Commitment from the City of Redding 6. $3,200 per month or $41.56 pupm 7. $5 pupm accounting/bookkeeping fee (5 x 77 x 12) 8. Estimated gas cost increased by 50% (3/01) 9. Based upon the assumption that commercial units are separately metered and paid for. 10. Based upon the assumption that the Hotel will pay rubbish removal for commercial tenants. 11. Includes $30,000 for initial repairs to bring building up to code, rekey, and bring to a safe, decent standard. 12. Based upon current premiums for Lorenz Hotel plus an anticipated 25% increase. S:\SHARED\OPS\NC\TEAM\W END Y\FOOTNO TE.RED Exhibit 5 • Pro Forma Budget Page 1 Redding Hotel-TCAC 9%Credits Summary 3/27/01 9:58 AM A B C D E F G 1 CHRISTIAN CHURCH HOMES: Redding Hotel 2 Permanent During Const Rate 3 City Operating Grant 225,000 225,000 4 AHP 175,500 175,500 0.00% 5 City Acquisition Loan 900,000 900,000 3.00% 6 City Loan 1,475,000 1,475,000 1.00% 7 Investor Capital Contributions 3,824,130 8 Sponsor Equity/Deferred Developer Fe 6,226 Net Dev. Fee 393,774 9 TOTAL SOURCES 6,605,856 10 11 Total Required During Constr. 6,204,151 12 Construction loan 3,428,651 subsidy as a%of dev c 38.6% 13 Construction period 12 plus two months post c.o. 14 Average%Outstanding 55% 15 Rate 9.50% _16 17 CALCULATION OF CREDIT AMOUNT 18 Basis 4,006,298 19 Deduct any grant amounts 0 20 Eligible Basis 4,006,298 21 High cost factor 4,006,298 100.00% 22 Applicable fraction 4,006,298 100.000% 23 Federal Credit Amount 338,532 8.45% 24 State Credit Amount 1,201,889 30.00% 25 26 Equity from Federal Credit 2,877,524 85.00% 0.8336502 27 Equity from State Credit 1,021,606 28 Total Equity 3.899,130 29 Syndication Costs 75,000 30 Net Equity 3,824,130 31 32 33 Maximum Basis 4,006,298 34[Actual Basis per Costs 4,767,544 i '.••• Rage 2, • Redding M 1C 9%Croats Cacti 3/27/01 I . r � . A I 0 I C I D I E 1 ¢ '• 1 SOURCES AND USES OF FUNDS TOTAL COST COrutruCf on BASIS FOR _ " 2 Period 9%CREDIT ._ _ 3 LAND COST/ACQUISITION . 4 Lord Cost or Value 0 • - 5 Demoittlon 0 0 • . ; • 6 Lepel 5,000 5,000 . 7 Total Land Cost or Value 5,000 . . .. . . B Exitng Improvements Value 1.125.000 1,125,000 t 9 Off-Ste improvements 0 10 Told AcquWBon Cost 1,130.000 1,130.000 - . 11 REHABlUTATION ,. 12 ate Work 50000 50000 50000 .• . 13 Structures 2.912.116 2,912.116 2912116 - • ' •• . 14 Asbestos Removal 150.000 150.000 15000) e ' - 15 General Requirements 0 t ' . • - 16 Contractor Overhead 0 i 17 Contractor Proftt 0 - 18 Total Rehablltal cn Cost 3,112116 3,112,116 F • _ 19 NEW CONSTRUCTION 20 Slte Wont 0 0 21 Strictures-Housing. 0 0 1�7 • - • . , 22 Structures-Chid Care 0 - 23 General Requirements 0 - 24 Contractor Overhead 0 , 25 Contractor Proftt 0 0 • . 26 TotalNew Construction Costs 0 0 _• " 27 ARCH/TEC/URAL FEES ' 28 Design 150.000 150.000 150.000 t•..t _ 29 Supervision 40.000 40,000 40,000 • - 30 Total Architectural Cosh 190,000 190,000 Corstr.Loa' 31 Survey and Engineering 15,000 15,000 15,000 Interest Post - _ - • 32 CONSIR.INTEREST dFEES Corutrucilor •' 33 Corot.Loan Interest(Conventional) 233.434 233.434 179.147 54.287 '' : • _• 34 Const.Loan Interest(Soft Loans) 0 0 0 r . 35 Redevelopment Interest 0 0 0 36 Origination Fee 25.715 25,715 25.715 - ' 37 Credit Enhancement&Application Fee 0 38 Bond Premium 0 0 • 39 Taxes 15,000 15,000 15,000 40 insurance 20.000 20.000 20.000 41 Otte and Recording 10,000 10,000 10.000 • . • - - 42 Total mtr Cauctfon Interest and Fees 304.149 304.149 e .. . 43 PERMANENT FINANCING • 44 Loan Fees 3,936 1,969 _ '. . 45 Crede Enhancement 5;Appacatfon Fee 0 0 - . 46 Tate and Recordhp 5,000 . 47 Other 0 0t - • 48 Total Pea Permanent Financing Costs 8.938 1.969 r• 49 LEGAL FEES • =' .• .. .. • 50 Lender Legal Costs Paid by App4cant 6,000 6.000 5,000 51 Other-Owner Legal 25,000 25,000 25.000 i . . 52 Total Attorney Costs 33,000 33,000 . • 53 RESERVES • 54 Rent Reserves 59,736 55 Other - . 56 Total ROwrve Costs 59.736 0 • . . 57 Total Appraisal and Market Study Costs 6,000 6,000 6,000 • 58 Total Cartsfitsc50n Contingency Costs(12%) 376,546 376,566 376,566 - . 59 OTHER 60 lax Credit App./Alias./Manttortnp fees 32.351 32.351 - . 61 Entitlement/Misc.Studies 10,000 10,000 10,000 '• . 62 Local Development Impact Fees 0 0 • 63 PertNt Processing Fees 25,000 23.000 25,000 . ! .. 64 MiscellaneoMiscellaneousStudies 5,000 5,000 5,000 ... .. • 65 Marketing 25,000 26,000 . .. 66 Relocation Expenses 603.303 600,000 300.01]0 7 67 Furntstings 10,000 10.000 10,000 ' 68 Operating Losses during hording/cone.Period 225,000 225.000 69 Sott Cost Contingency 35,000 35.000 35.000 70 Total Other Costs 970,351 970351 ' . 71 Told Protect Cost 6,205.856 6,139,151 4.367.544 T 72 DEVELOPER COSTS .. • 73 Developer Overhead/Profit 400.003 50,000 400.000 •- , 74 Cororltant/Processkp Agent 0 _ • IS Protect AQrnkkstrattart • _ . . 76 Broker Fees paid by owner . 77 Construction Management Oversight 78 Other . . • 79 Total Developer Costs 400.000 53000 400,000 _ - BO •• 81 TOTAL PROJECT COST 6.605.856 6.189,151 4.767.544 • 82 Syndication Costs • • 53 Legal-Syndlcanon 36.000 • . B4 Audit 10,000 B5 Consultant-Syndication 30,000 15,000 t • ' 86 Bridge Loan Interest 0 0 . 87 Total Syndication Costs 75.000 15.000 _ •. t- Exhibit 6 CHRISTIAN CHURCH HOMES OF NORTHERN CALIFORNIA, INC. CORPORATE AUTHORIZING RESOLUTION At a duly constituted meeting of the Board of Directors of Christian Church Homes of Northern California, Inc., a California 501(c)3 nonprofit public benefit corporation (the "Corporation"), the following resolution was adopted on February 20, 2001. WHEREAS the Board of Directors of the Corporation desires to rehabilitate the Hotel Redding in Redding, CA in order to create approximately 40 units of affordable housing for low- income seniors; WHEREAS the Board of Directors of the Corporation deems it to be in the best interests of the Corporation to purchase the Redding Hotel, manage the facility, and relocate the existing tenants during the rehabilitation period; WHEREAS the Board of Directors of the Corporation deems it to be in the best interests of the Corporation to obtain an allocation of tax credits from the California Tax Credit Allocation Committee for the rehabilitation of the Hotel Redding; and WHEREAS the Board of Directors of the Corporation deems it to be in the best interests of the Corporation to enter into any and all documents, including but not limited to a deed of trust, a promissory note, a loan agreement, a regulatory agreement, and any other types of agreements necessary to consummate the grants and loans required for this development; NOW THEREFORE, BE IT RESOLVED: That the Corporation shall submit an application for obtain an allocation of tax credits from the California Tax Credit Allocation Committee in connection with the development of this project; FURTHER RESOLVED: That the Corporation shall submit an application for funding from the Redevelopment Agency of the City of Redding; FURTHER RESOLVED: That either Donald H. McCreary, President and Chief Executive Officer of the Corporation, or Win Marshall, Chief Finance Officer, shall be authorized and directed, on behalf of the Corporation, to execute any and all documents, including but not limited to option agreements, a deed of trust, a promissory note, loan agreements, etc., and shall take any and all further actions necessary to consummate the activity described in the foregoing resolution. M , ... t I, the undersigned, hereby certify that the foregoing is a true copy of the Resolution adopted by the Board of Directors of the above-mentioned Corporation, and that said Resolution is in full force and effect. Dated: a7 Y UwILi2001 By: �_� .� �: / {signature) v Anne 11/457W,66-- (print name) Its: ,/,, r. viii ./ (title) S S1SHAREDNOPSDe.eioprte aktel ReddinglDmaeraCC iBnrMWAR4,.aoc