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HomeMy WebLinkAboutResolution 26-82 Authorizing the Approval of the Loan Agreement for the Fairway Commons ProjectCITY OF F'ALCON HEIGHTS COUNCIL RESOLUTION September 23,2026 No.26-82 RESOLUTION AUTHORIZING THE APPROVAL OF THE LOAN AGREEMENT FOR THE F'AIRWAY COMMONS PROJECT WHEREAS, Fairway Commons is a proposed I l0-unit age-restricted multifamily rental housing development located at 1670 Larpenteur Avenue West, intended to serve low- and moderate-income households in alignment with the City's comprehensive plan and regional housing goals; and WHEREAS, Fairway Commons, Limited Partnership ("Borrower")-affiliated with MWF Properties/Velair Development Company, requested that the City ("Lender") submit for a Livable Communities/LCA Development Grant, which the Metropolitan Council awarded on August 12,2026 in the amount of $63 I ,100, including $88,500 for environmental cleanup and $542,600 for general construction; and WHEREAS, Fairway Commons has requested that the City enter into a Master Disbursement Agreement ("MDA") and Master Subordination Agreement ("MSA") to structure access to funding sources and to establish loan priority among various lenders involved in the development;and WHEREAS, the City is required to enter into a Grant Agreement with the Metropolitan Council to receive and administer these Livable Communities Demonstration Account funds, with the Grant Agreement expected to be provided to the City in the near future; and WHEREAS, in order to distribute the grant funds to Fairway Commons, a Loan Agreement- evidenced by a Promissory Note and secured by a Mortgage-is necessary, with Fairway Commons required to provide a mortgage to the City as a condition of disbursement along with additional required documentation; and WHEREAS, the Loan Agreement limits the loan amount to the grant proceeds received, capping disbursement at the lesser of the loan amount or the amount disbursed by the Metropolitan Council;and WHEREAS, the Loan Agreement requires the City to disburse the loan once all conditions established in the Loan Agreement are met; and WHEREAS, the Loan Agreement gives the City the right, but not the obligation, to inspect and audit the Borrower's records related to the loan proceeds, enforce the Loan Agreement and 119 attached documents, declare default remedies, recover enforcement costs, and require reimbursement for costs related to the Agreement; and WHERLAS, the City is required to perform certain obligations under the Loan Agreement, including coordinating with the Metropolitan Council, submitting required documentation, completing formal municipal actions, and administering the Grant Agreement; and WHEREAS, the Fairway Commons development will be subject to long-term income and rent restrictions, including requirements that at least 40% of units be occupied by households at or below 60% of AMI, along with additional affordability requirements under an extended-use agreement related to federal low-income housing tax credits; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: L The City Council hereby approves the Loan Agreement for the Fairway Commons development and authorizes the Mayor and City Administrator to execute said agreement and all related financing documents on behalf of the City, including completion of final documents prior to closing so long as revisions do not materially adversely affect the City. Moved by: \i aSS-",r\:*-3 GUSTAFSON MAY MIELKE MOGEN WASSENBERG Approved In Favor Attested by: Against Administrator IC Mayor 5 J 120