Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Application for Long-Term Tax Abatement
Purpose: Construction of 40-unit residential affordable housing project
Entity Name: HELP New Jersey Development Co., LLC
Entity Address: 5 Hanover Square, 17th Floor, New York, New York 10004
Abatement Period: 15 years
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( x ) n/a
List of Property:
(Address/Block/Lot/Ward)
711-715 Broadway, Block 729, Lots 36.01-36.09, North Ward
Additional Information:
Body
WHEREAS, as authorized under the New Jersey Housing and Mortgage Finance Agency Law of 1983, as amended and supplemented, N.J.S.A. 55:14K-1 et seq. (the "HMFA Law"), HELP New Jersey Development Co., LLC, 5 Hanover Square, 17th Floor, New York, New York 10004 (the "Entity") submitted an application for the approval of a plan for the construction of a 40-unit residential affordable housing project on the following properties:
Block 729, Lots 36.01-36.09 711-715 Broadway, Newark, New Jersey
(collectively referred to herein as the "Property"); and
WHEREAS, the project will be subject to the HMFA Law and the mortgage and other loan documents executed between the Entity and the New Jersey Housing and Mortgage Finance Agency (the "HMFA"); and
WHEREAS, the Entity is seeking a long term tax abatement for the project pursuant to the provisions of the HMFA Law; and
WHEREAS, the Municipal Council has determined that the project meets an existing need, and has further determined that the project is an improvement made for the purpose of construction, improvement or rehabilitation of housing projects as set forth in the HMFA Law; and
WHEREAS, in accordance with Ordinance No. 6PSF-a 050411 adopted May 4, 2011 (Pay-to-Play), the Entity has filed with the City a sworn statement that it has not made any contribution in violation of said ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The application of HELP New Jersey Development Co., LLC, 5 Hanover Square, 17th Floor, New York, New York 10004 (the "Entity") for the construction, development, maintenance and operation of the 40-unit residential affordable housing project described in the application is hereby approved.
2. The Municipal Council does hereby adopt the Resolution and makes the determination and findings herein contained by virtue of, pursuant to, and in conformity with the provisions of HMFA requirements with the intent and purpose that the HMFA rely thereon in making a mortgage loan to the Entity, which shall construct, own and operate the project.
3. The Municipal Council understands and agrees that the revenue projections set forth in the application are estimates and that the actual payments in lieu of taxes to be paid by the Entity to the City shall be determined pursuant to the Financial Agreement to be executed between the Entity and the City of Newark.
4. The exemption shall take effect for a period of fifteen (15) years, but shall not extend beyond the date in which the HMFA loan on the project is paid in full, and the Entity shall be subject to the provisions and conditions of the HMFA Law and the Financial Agreement annexed hereto.
5. The project is approved subject to any approvals that may be required by the Department of Community Affairs of the State of New Jersey and the HMFA.
6. The Mayor of the City of Newark is hereby authorized to execute, on the City's behalf, the Financial Agreement in the form attached hereto, subject to the provisions contained in Section 14(f) hereof.
7. An executed copy of the Financial Agreement authorized by this Resolution shall be filed and maintained with the City Clerk.
8. The project, when completed, will conform with all State laws and ordinances of the City of Newark relating to its construction and use.
9. The Affirmative Action Program now on file in the Office of the City Clerk is declared to be a material condition of the Financial Agreement authorized by this Resolution.
10. The Entity shall in the operation of the project comply with all laws so that no person shall be subject to any discrimination because of race, religious principles, color, national origin or ancestry.
11. The Entity shall file an employment report (herein described below) with the Office of Affirmative Action who shall forthwith after receiving the report send a copy thereof to the City Clerk. The Office of Affirmative Action shall forthwith investigate the matters contained therein and report its findings to the Municipal Council.
12. As of the Annual Service Charge Start Date (as defined in the Financial Agreement), the Entity shall pay an estimated quarterly service charge of $6,108.50 to the City until the correct amount due from the Entity is determined by the City's Director of Finance based upon the auditor's report that is required to be submitted under the Financial Agreement. After the auditor's report required under the Financial Agreement has been accepted by the City's Director of Finance, and within 90 days thereafter, the City and the Entity will adjust any over or under payment so made or needed to be made for the particular period covered by the auditor's report.
13. The annual service charge shall be calculated based on 6.28% of the annual gross project revenues and 15% of all other income derived from the project, including but not limited to parking, laundry room, vending machines, and the like.
14. The following occurrences and requirements are express conditions of the granting of this tax exemption, to be performed by the Entity, and the failure to comply with any of these requirements will result in the cancellation of the tax exemption:
a) The Entity shall pay full taxes on the land and improvements of the project until the annual service charge becomes effective;
b) The Entity shall not, without prior consent of the Municipal Council, sell, lease, assign, encumber, subordinate, convey, mortgage or transfer all, or any part of the project, so as to sever, disconnect or divide the improvements from the land embraced within the project;
c) The Entity, pursuant to the Revised Ordinances of the City of Newark, 10:24-1 et seq., as amended, shall be deemed to agree that if the Entity operates, controls or manages the project that it will in good faith assist the City of Newark in its goal of having 50% of all new jobs arising out of the businesses conducted on the project site after the issuance of the certificate of occupancy and during the period of the of the tax exemption, dedicated to Newark residents, of which 25% of such all new employees shall be minority residents;
d) The Entity shall concomitantly with the submission of the annual report required of it by paragraph 12 above, attach an employment report under oath, with particulars, stating the manner and the extent to which it has complied with Section 14(c) above. This employment report shall, like the annual report, be filed with both the Director of Finance and the Clerk of the City of Newark;
e) The Entity shall pay all outstanding taxes and all outstanding water and sewer charges within thirty (30) days of the adoption of this Resolution;
f) The Property shall be conveyed to the Entity in accordance with the terms of the Agreement of Sale contained in the Entity's Application for Long Term Tax Abatement, prior to the execution by the City of the Financial Agreement authorized hereby;
g) To the extent deemed necessary by the Department of Economic and Housing Development, the Entity shall obtain revised site plan approval from the Central Planning Board within thirty (30) days of the adoption of this Resolution, reflecting a corrected description of the Project consistent with the description contained in the Entity's Application for Long Term Tax Abatement;
h) The Entity shall submit any and all non-residential lease agreements and/or subleases entered into with related or third parties for the use and occupancy of space made available by the Entity to the Law Department and the Division of Tax Abatements & Special Taxes. The obligation to submit lease agreements shall be a continuing obligation during the period of the Financial Agreement. All lease agreements shall be subject to review by the City for the purpose of determining the validity thereof and to ensure that lease agreements are executed as part of an arms length transaction;
i) The Entity shall secure all financing prior to the commencement of any construction;
j) The Entity shall obtain fee simple ownership to the Property within thirty (30) days of the adoption of this Resolution and submit a filed copy of the deed to the Office of Assessment and Law Department within five (5) days of conveyance.
15. The Entity shall submit to the City of Newark's Department of Economic and Housing Development or its assigned agent all documentation which is required to submit and maintain in accordance with the terms and conditions of the financing provided by the New Jersey Housing and Mortgage Finance Agency and the New Jersey Department of Community Affairs (DCA) and all other sources of funding received.
16. The Entity shall submit to the City of Newark's Law Department copies of the mortgage and all other loan documents executed between the Entity and New Jersey Housing and Mortgage Finance Agency within 30 days of the closing.
17. The City Clerk's Office of the City of Newark shall forthwith submit a certified copy of the Resolution approving the tax exemption and the proposed Financial Agreement to the Director of the Division of Local Government Services.
STATEMENT
Long Term Tax Exemption granted to HELP New Jersey Development Co., LLC, 5 Hanover Square , 17th Floor, New York, New York 10004, pursuant to the New Jersey Housing and Mortgage Finance Agency Law of 1983 (N.J.S.A. 55:14K-1 et seq.) for a term of fifteen (15) years for a 40-unit residential affordable housing project located on the following properties:
Block 729, Lots 36.01-36.09 711-715 Broadway, Newark, New Jersey 07104