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File #: R13389    Version: 0
Type: Housing Authority Resolution Status: Passed
File created: 4/4/2023 In control: HOUSING AUTHORITY
On agenda: 4/12/2023 Final action: 4/12/2023
Effective date:    
Title: Resolution approving a Sale, Lease and Reconveyance Agreement for the Housing Authority of the City of Milwaukee Mortgage Properties 2015 Series A&B Bonds
Sponsors: THE CHAIR
Attachments: 1. Counsel Opinion-Sale Lease Reconveyance Agreement, 2. Trust Indenture-Sale Lease Reconveyance Agreement, 3. Mortgage and Security Agreement-Sale Lease Reconveyance Agreement, 4. Sale Leases and Reconveyance Agreement HACM 2015 Series AB Bonds-Redline updated 4-6-23, 5. Sale Lease and Reconveyance Agreement HACM 2015 Series AB Bonds updated 4-6-23 Changes Accepted
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/12/20230 HOUSING AUTHORITY ADOPTED

Minutes note: Fernando Aniban, HACM’s Assistant Secretary, stated current resolution is a necessary component to Agreement in B.4.
Pass4:0 Action details Meeting details Not available

Number

13389

 

Version

Original

 

Reference

 

Sponsor

The Chair

 

Title

Resolution approving a Sale, Lease and Reconveyance Agreement for the Housing Authority of the City of Milwaukee Mortgage Properties 2015 Series A&B Bonds

 

Analysis

 

Body

 

WHEREAS, the Housing Authority of the City of Milwaukee (“HACM”) was created for the purpose of providing quality housing for low-income families and individuals; and

 

WHEREAS, the Redevelopment Authority of the City of Milwaukee (“RACM”) was created for the purpose of carrying out blight elimination and urban renewal programs and projects; and

 

WHEREAS, the parties previously entered into an Intergovernmental Cooperation Agreement dated as of July 26, 2006, and an Amended and Restated Intergovernmental Corporation Agreement (Expanded HACM Activities) dated January 15, 2015, providing for the development of mixed-use properties and market-rate homes by HACM; and

 

WHEREAS, the parties now propose to enter into a Second Amended and Restated Intergovernmental Cooperation Agreement in order to restate and expand the description of RACM’s activities in order to accommodate the transfer of certain real property owned by HACM to RACM pursuant to a separate Sale, Lease and Reconveyance Agreement (the “Sale Agreement”); and

 

WHEREAS, on March 2, 2015 HACM issued its (i) Multifamily Housing Revenue Bonds, Series 2015A, is the aggregate principal amount of $13,635,000 (the “Series 2015A Bonds”) and (ii) Multifamily Housing Revenue Bonds, Series 2015B (Taxable), in the aggregate principal amount of $5,410,000 (the “Series 2015B Bonds” and together with the Series 2015A Bonds the “2015 Bonds”); and

 

WHEREAS, proceeds from the 2015 Bonds were applied, in part, to finance certain costs of renovation and improvements to HACM’s Berryland, Northlawn, Southlawn (Vet’s) Housing Developments (the “Developments”); and

 

WHEREAS, on October 30, 2017 the United States Department of Housing and Urban Development (“HUD”) issued Notice PIH 2017-21 (HA) which changed certain regulations to no longer allow HACM to be both the owner and Section 8 Contract Administrator; and

 

WHEREAS, the only way to comply with the revised regulations is to have an entity other than HACM own the Developments and such entity must be a governmental entity, such as RACM, in order to maintain the tax-exempt status of the 2015A Bonds; and

 

WHEREAS, RACM has previously taken title to real property in order to facilitate revenue bond financings and is willing to enter into the Sale Agreement and to take title to the Developments in order to assist HACM in complying with the HUD regulations; now therefore, be it

 

RESOLVED, by the Housing Authority of the City of Milwaukee, that the proper officials are authorized to execute the attached Sale, Lease and Reconveyance Agreement (HACM 2015 Series A & B Bonds), which agreement may be modified in non-substantive ways prior to execution upon advice from the City Attorney and with approval of the Executive Director.

 

Requestor

 

Drafter

Housing Management, Michael Best & Friedrich LLP, Atty Tom Gartner, 3/31/2023