Legislation Details

File #: 24-3518    Version: 1 Name:
Type: Contract - Award Status: Passed
File created: 5/29/2024 In control: Commissioners Court
On agenda: 6/4/2024 Final action: 6/4/2024
Title: Request by Housing and Community Development for approval to conditionally award up to $4,528,000 of American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to purchase the land for the Lost Oaks for the Harris County Housing Finance Corporation with a maximum purchase price of $2,850,000 and to negotiate and execute a loan agreement of up to $1,678,000 in ARPA State and Local Fiscal Recovery Funds for eligible development costs for the Lost Oaks project.
Attachments: 1. 24-3518 HCD-COVID19-Lost Oaks.pdf

Department: Housing and Community Development

Department Head/Elected Official: Thao Costis, Executive Director

 

Regular or Supplemental RCA: Supplemental RCA

Type of Request: Contract - Award

 

Project ID (if applicable): Lost Oaks

Vendor/Entity Legal Name (if applicable): Mark-Dana Corporation

 

MWDBE Contracted Goal (if applicable): N/A

MWDBE Current Participation (if applicable): N/A

Justification for 0% MWDBE Participation Goal:  N/A - Goal not applicable to request

 

Request Summary (Agenda Caption):

title

Request by Housing and Community Development for approval to conditionally award up to $4,528,000 of American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds to purchase the land for the Lost Oaks for the Harris County Housing Finance Corporation with a maximum purchase price of $2,850,000 and to negotiate and execute a loan agreement of up to $1,678,000 in ARPA State and Local Fiscal Recovery Funds for eligible development costs for the Lost Oaks project.

end

 

Background and Discussion:

On March 26, 2024, Mark-Dana Corporation previously requested and was conditionally awarded up to $3,100,000.00 in ARPA State and Local Fiscal Recovery Funds for the acquisition and development of a new multi-family affordable housing development called Lost Oaks located at 810 Oak Street, Houston 77018.  Mark- Dana Corporation was awarded 9% LIHTC Tax Credits by Texas Department of Housing and Community Affairs (TDHCA) in 2023. The total development costs for Lost Oak are $26,044,410.

 

Pursuant to the statutory requirements under TDHCA, Harris County Housing Finance Corporation is limited in the amount it can earn from ground lease payments on each round of 9% tax credits awarded. Harris County Housing Finance Corporation is limited to $3,000,000 for projects awarded 9% LIHTC Tax Credits in 2023, and it has reached that limit on other projects currently in progress.  TDHCA did not give Harris County Housing Finance Corporation a waiver on this cap requirement. As a result, both Mark-Dana Corporation and Harris County Housing Finance Corporation agreed to restructure the deal and will need to proceed under a ground lease only structure. The Harris County Housing Finance Corporation will not receive Equitable Title. Under the ground lease only structure, the developer will not receive a tax exemption which will require more ARPA funding to fill the resulting gap in capital stack. Therefore, Mark-Dana Corporation needs to increase its initial request for ARPA State and Local Fiscal Recovery Funds to $4,528,000.00.

 

 

The Lost Oaks will create 78 new Multi-Family Affordable Housing Units. The unit mix will consist of 11 units for those making 30% or less of Area Median Income, 32 units for those making between 31%-50% of Area Median Income, and 35 units for those making between 51%-80 Area Median Income, The Project will consist of 23 one-bedroom units, 50 two-bedroom units and 5 three-bedroom units. The HCHFC will own the land and the Project will enter a 99-year ground lease, which will keep the project affordable for 99-years.

 

Expected Impact:

The expected fiscal impact is to transfer $2,850,000.00 in ARPA State and Local Fiscal Recovery Funds to the HCHFC to acquire the land for the Lost Oak Project and give a conditional commitment of $1,678,000 in ARPA State and Local Fiscal Recovery Funds to Mark -Dana Corporation for eligible development cost for the Lost Oaks Project.

 

Alternative Options:

The alternative option is that the project will not move forward.

 

Alignment with Goal(s):

_ Justice and Safety

_ Economic Opportunity

X Housing

_ Public Health

_ Transportation

_ Flooding

_ Environment

_ Governance and Customer Service

 

Prior Court Action (if any):

Date

Agenda Item #

Action Taken

03/26/2024

16

On March 26, 2024, Mark-Dana Corporation previously requested and was conditionally awarded up to $3,100,000.00 in ARPA State and Local Fiscal Recovery Funds for the acquisition and development of a new multi-family affordable housing development called Lost Oaks located at 810 Oak Street, Houston 77018

 

Location:

Address (if applicable): 810 Oak Street, Houston 77018

Precinct(s): Precinct 1

 

Fiscal and Personnel Summary

Service Name

 Affordable Rental Housing

 

 

Current Fiscal Year Cost

Annual Fiscal Cost

 

Labor

Non-Labor

Total

Recurring Expenses

Funding Sources

 

Existing Budget

 

 

 

 

2651 - American Rescue Plan 2021

$

$4,528,000.00

$4,528,000.00

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Current Budget

$

$4,528,000.00

$

$

Additional Budget Request (Requires Fiscal Review Request Form)

 

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Choose an item.

$

$

$

$

Total Additional Budget Request

$

$

$

$

Total Funding Request

$

$4,528,000.00

$4,528,000.00

$

Personnel (Fill out section only if requesting new PCNs)

 

Current Position Count for Service

-

-

-

-

Additional Positions Request

-

-

-

-

Total Personnel

-

-

-

-

 

Anticipated Court Date: June 4, 2024

 

Anticipated Implementation Date (if different from Court date): N/A

 

Emergency/Disaster Recovery Note: COVID-19 related item

 

Contact(s) name, title, department: Sam Borders, Director, Multi-Family Housing Development, Harris County Housing and Community Development

 

 

Attachments (if applicable):  Court Order