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eRA/LA

,JUL 0 2 2009

Community Redevelopment Agency

of the

CITY OF LOS ANGELES

Building communities DATE /

FILE CODE /

354 South Spring Street / Suite 800

Los Angeles / California 90013-1258 . T 213977 1600/ F 213 977 1665

www.crala.org

CRA File No.

Council District: CD 9

Contact Person: David Riccitiello

Jenny Scanlin

John Lujan

(213) 977-1710

Honorable Council of the City of Los Angeles

John Ferraro Council Chamber

200 N. Spring Street

Room 340, City Hall

Los Angeles, CA. 90012

Attention: Alan Alietti, Office of the City Clerk

COUNCIL TRANSMITTAL:

Transmitted herewith, is a Board Memorandum adopted by the Agency Board on July 2, 2009

City Council review and approval in accordance with the "Community Redevelopment Agency

Oversight Ordinance" entitled:

VARIOUS ACTIONS RELATED TO:

AMEND AND RESTATE A LOAN AGREEMENT WITH 36TH STREET AND BROADWAY

APARTMENTS, L.P. FOR A $450,000 CONSTRUCTION/PERMANENT LOAN AND AN

ADDITIONAL $2,000,000 PERMANENT LOAN FOR AN AFFORDABLE HOUSING

DEVELOPMENT LOCATED AT 157-161 EAST 36TH STREET AND 4775 SOUTH

BROADWAY IN AND NEAR THE COUNCIL DISTRICT NINE CORRIDORS SOUTH OF THE

SANTA MONICA FREEWAY RECOVERY REDEVELOPMENT PROJECT AREA

DOWNTOWN REGION (CD9)

RECOMMENDATION

That City Council approve(s) recommendation(s) on the attached Board Memorandum.

ENVIRONMENTAL REVIEW

The proposed rehabilitation of the buildings is categorically exempt from the California

Environmental Quality Act (CEQA) pursuant to section 15301 (a and d) of the CRA/LA CEQA

Guidelines.

eRA/LA

Building communities

Council Transmittal

Page 2 of2

FISCAL IMPACT STATEMENT

There is no fiscal impact to the City's Gene I Fund as a result of this action

~'~~.

~ ra

V. Estolano, Chief Executive Officer

cc: Karen Kalfayan, Office of the City Clerk (Original & 3 Copies on 3-hole punch)

Lisa Johnson Smith, Office of the CAO

Ivania Sobalvarro, Office of the CLA

Helmi Hisserich, Office of the Mayor

Noreen Vincent, City Attorne~'s Office

Councilmember Jan Perry, 9 hCouncil District

THE COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF LOSANGELES, CALIFORNIA

DATE:

TO:

FROM:

RESPONSIBLE

PARTIES:

SUBJECT:

COMMITTEE

REVIEW: .

RECOMMENDATIONS

MEMORANDUM 2

JULY 2,2009

CRA/LA BOARD OF COMMISSIONERS

CECILIA V. ESTOLANO, CHIEF EXECUTIVE OFFICER

C91600

DAVID RICCITIELLO, REGIONAL ADMINISTRATOR

JENNY SCANLIN, PROJECT MANAGER

JOHN LUJAN, SENIOR HOUSING FINANCE OFFICER

AMEND AND RESTATE A LOAN AGREEMENT WITH 36TH STREET

AND BROADWAY APARTMENTS, L.P. FOR A $450,000

CONSTRUCTION/PERMANENT LOAN AND AN ADDITIONAL

$2,000,000 PERMANENT LOAN FOR AN AFFORDABLE HOUSING

DEVELOPMENT LOCATED AT 157-161 EAST 36TH STREET AND 4775

SOUTH BROADWAY IN AND NEAR THE COUNCIL DISTRICT NINE

CORRIDORS SOUTH OF THE SANTA MONICA FREEWAY

RECOVERY REDEVELOPMENT PROJECT AREA

DOWNTOWN REGION (CD 9)

APPROVED BY LOAN COMMITTEE ON MAY 27,2009

That the CRA/LA Board of Commissioners:

1) Adopt, and request that the City Council adopt, a Finding of Benefit Joint Resolution, which

finds that the use of $2,450,000 from the Council District Nine Corridors Recovery

Redevelopment Project Area Low and Moderate Income Housing Fund for the 36th Street

Apartments and Broadway Apartments is of benefit to the Council District Nine Corridors

South of the Santa Monica Freeway Recovery Redevelopment ProjectArea;

2) In the event funds from the Council District Nine Corridors South of the Santa Monica

Freeway Recovery Redevelopment Project Area are not available, adopt, and request that

the City Council adopt, a Finding of Benefit Joint Resolution, which finds that the use of

$2,000,000 from the Bunker Hill Project Area Replacement Housing Fund to be used to

fund the 36th Street Apartments and Broadway Apartments is of benefit to the Bunker Hill

Project Area;

3) Approve and adopt the Relocation Plan for the relocation of ten (10) households from 157

East 36th Street and approve and adopt the Relocation Plan for the relocation of fourteen

(14) households and four (4) businesses from 4775 South Broadway; and

4) Authorize the Chief Executive Officer to consent to the assignment of LTSC Community

Development Corporation's (ilLTSC") interest in the Loan Agreement and project sites to

LTSC - BROADWAY/36TH ~T.

(

36th Street and Broadway Apartments, L.P. where Coalition for Responsible Community

Development will become the Managing General Partner.

That the CRA/LA Board of Commissioners, subject to City Council review and approval:

5) Amend the FY10 Budget and Work Program for Council District Nine Corridors South of

the Santa Monica Freeway Recovery Redevelopment Project Area to transfer $150,000 in

budgeted line item "Commercial/lndustrial" to "Affordable Housing";

6) Authorize the Chief Executive Officer or designee to execute an Amended and Restated

Loan Agreement with 36th Street and Broadway Apartments, L.P. in an amount not to

exceed $2,450,000, of which $2,000,000 would be funded only in the event that Multifamily

Housing Program funds are not made available prior to permanent loan funding; and

7) Adopt a Resolution making the findings that an economically feasible alternative of financing

on substantially comparable terms but without subordination of the CRA/LA Deed of Trust,

covenants and use restrictions is not reasonably available, and authorize the subordination

of the CRA/LA Deed of Trust, covenants and use restrictions to the construction and

permanent loans provided for the proposed project.

SUMMARY

The recommendations pertain to a scattered-site development of twenty (20) units of affordable

housing for Transition Aged Youth ("TAY"), five (5) units for families, and a manager's unit at

each site located at 157-161 E. 36th Street and 4775 S. Broadway (the "Project"), for a total of

27 units (Site Map, Attachment "A"). One of the sites, 4775 S. Broadway, is within the

boundaries of the Council District Nine Corridors South of the Santa Monica Freeway Recove~

Redevelopment Project Area ("COg Project Area"), however, the site located at 157-161 E. 36

Street is one block outside of the COg Project Area boundaries and therefore requires the

CRNLA to make a Finding of Benefit. The Broadway Apartments will provide 10 TAY units, 5

units for very low income families and one unrestricted manager's unit. The 36th Street

Apartments will provide 10 TAY units and one unrestricted manager's unit.

36th Street and Broadway Apartments, L.P. will be the "Developer" and "Borrower" for the

Project. During predevelopment and construction Little Tokyo Service Center ("LTSC") and the

Coalition for Responsible Community Development ("CRCD") are co-general partners as the

Developer, however, once the Project is constructed LTSC will assign its interest in the

Partnership to CRCD, who will become the Managing General Partner.

According to studies conducted by the County of Los Angeles and Shelter Partnership, some of

the highest concentrations of emancipated foster care youth in the City of Los Angeles are in

the South Los Angeles and Metro Service Areas. Over 18% of the youth who age out of the

foster care system countywide are residing in South Los Angeles. In particular, these youth are

commonly counted among the transient and homeless due to their inability to find work and

stable housing. The Metro Service Area has over 17,000 homeless youth between the ages of

18 and 24, most of which came out of the foster care system. Bunker Hill is located inthe Metro

Service Area and the COg Project Area is located in the South Los Angeles Service Area. This

is--thefirsf project for Transitional-Aged Youth that has beenlunded by-eUl1erprojedarea and-

is an important step towards providing the special needs housing necessary to assist this

population in transitioning out of the foster care system to becoming fully self-reliant. This is the

first and only permanent supportive housing project focused specifically on Transitional Age

Youth in the City of Los Angeles. In addition, the Project will be rehabilitating almost 5,000

square feet of ground floor commercial space that will house the Vernon-Central Workforce

LTSC - BROADWAY/36TH ST.

Development Network, a multi-agency effort to connect low-income youth to work and school

through case management, job training, job placement services and counseling. Prospective

tenants for the

se"

Street and Broadway Apartments will primarily be referred by the County's

Department of Mental Health and Department of Children and Family Services Emancipation

Services Division as well as the Probation Department. However, the Borrower will work very

closely with local service providers Downtown and in the Vernon-Central area of the CD9

Project Area to ensure that the units are marketed to the local population of transitional-aged

youth and homeless families. For these unique reasons, CRA/LA staff believed it was important

to provide the security assurance necessary to move this Project forward without further delay

and a finding of benefit can be made to spend Low and Moderate Income Housing Funds on

this Project.

All financing for the Project has been committed, however, due to the State of California's

current fiscal problems the State of California's Housing and Community Development

Department ("HCD") is not able to issue a Letter of Commitment to the construction lender for

the Multifamily Housing Program ("MHP") funds committed to this Project. Wells Fargo Bank,

the construction lender, will not fund their construction loan unless the Developer provides

security for the $2,681,915 MHP loan to ensure that funds are available at the conversion to

permanent financing to payoff their construction loan. Wells Fargo Bank will accept the

CRA/LA's loan commitment for $2,000,000 of $2,681,915 MHP loan in the form of the

Amended and Restated Loan Agreement ("Loan Agreement") in the event HCD is not able to

honor its commitment to provide MHP funds to the Project due to another freeze on the State's

ability to sell bonds. The remaining $681,915 will be secured by the Developer by deferring

$681,915 of their Developer Fee.

March 1, 2007 - Authorization to execute an acquisition loan agreement with LTSC Community

Development Corporation in an amount not to exceed $300,000.

April 10, 2007 - City Council approval of the above action.

SOURCE OF FUNDS

CD9 Project Area Tax Increment will provide the additional $150,000 for the $450,000

construction loan. Bunker Hill Replacement Housing Funds will be used as a placeholder for the

$2,000,000 permanent loan until CD9 Project Area Low and Moderate Income Housing Funds

and/or Tax Increment is made available in Fiscal Year 2010/2011.

PROGRAM AND BUDGET IMPACT

The recommended actions will amend the proposed FY2010 Budget and Work Program to

transfer $150,000 in CD9 Project Area Tax Increment from line item "Commercial/Industrial" to

line item "Affordable Housing." Future year funds from the CD9 Project Area in Fiscal Year

2011 will be obligated to pay the $2,000,000 loan commitment at permanent financing. If debt

obligations and a reduction in resources reduces the CD9 Project Area FY2011 budget and

$2,000,000 is unavailable for the Project, Bunker Hill Replacement Housing Funds will remain

in the Project to backfill any gap. If the Project does receive its allocation of MHP funds and no

longer requires the $2,000,000 CRA/LA loan obligation, the $2,000,000 will be released back to

its respective Bunker Hill or CD9 Project Area funding source to be reprogrammed.

LTSC - BROADWAY/36TH ST. (

ENVIRONMENTAL REVIEW

The proposed rehabilitation of the buildings is categorically exempt from the California

Environmental Quality Act (CEQA) pursuant to section 15301 (a and d) of the CRA/LA CEQA

Guidelines.

BACKGROUND

Little Tokyo Service Center ("LTSC") is a nonprofit public benefit corporation formed in 1979 as

a neighborhood-based social service agency to plan, promote and support community

development projects which preserve the Japanese American and multi-ethnic culture and

history inthe Little Tokyo area, including affordable housing. LTSC has worked to develop over

600 units of affordable housing and over 130,000 square feet of nonprofit community-based

commercial real estate projects and offers on-site programs and social services for its tenants.

Projects developed include Casa Heiwa, the Far East Building, Union Center for the Arts and

the San Pedro Firm Building. The Coalition for Responsible Community Development

("CRCD") is a nonprofit public benefit corporation that focuses on neighborhood revitalization,

youth and human development, and housing and economic development in South Los Angeles.

With oversight by LTSC, CRCD currently manages an 11-unit apartment complex, thereby

building its capacity of becoming an independent property management entity.

In 2007, CRA/LA provided a $300,000 Acquisition Loan with a 55-year term to LTSC CDC for

acquisition of the 4775 South Broadway site, which was to be rehabilitated to provide office

space and 15-units of affordable housing including a Transitional Age Youth (TAY) component.

By late 2008 the Developers had secured commitments for all of the financing for the Project,

which had been expanded at the request of the lenders to include the 157 East ss" Street site.

However, Wells Fargo Bank, the construction lender, required that the Developers provide a

loan commitment in case the $2,681,915 in MHP funds committed by HCD were not released at

the time the Project's permanent financing closed. Wells Fargo Bank was concerned about a

potential repeat of the freeze on bond-funded programs such as MHP that occurred in 2008-09

due to the State of California's budget crisis. The Developer has agreed to defer $681,915 of

its developer fee, which together with the $2,000,000 CRA/LA permanent financing would cover

the MHP amount in the event HCD does not fund its loan.

The delays caused by the MHP freeze combined with the market collapse resulted in a loss of

the Project's equity partner. However, Enterprise has agreed to become the Project's new

equity partner (Commitment Letter, Attachment "B") but they cannot provide the same level of

tax credit equity previously assumed in the Project's budget. In order to make up the small

difference of $70,000, the Developer will apply for American Recovery and Reinvestment Act

funds which can be substituted for the equity. On May 22, 2009 the Developer submitted for its

bond allocation. LAHD is issuing the bonds and they expect that the allocation will be received

by the end of July 2009. It is anticipated that construction would begin in September 2009 and

be completed in September 2010. The term of the $2 million loan obligation will be the same as

that of the construction lender loan: initially 12 months with a 12 month extension. If the MHP

funds are released prior to the end of the construction and CRA/LA loan term, the Developer is

required to notify the CRA/LA in writing within ten (10) working days, at which time the CRA/LA

will release its commitment of the $2 million in permanent financing.

Site Description

The proposed Project consists of the rehabilitation of two existing buildings with a total of

18,860 gross square feet of building area and will provide 25 units of affordable housing, 4,900

square feet of social service and meeting space, and 17 surface parking spaces. The unit mix

LTSC - BROADWAY/36TH ST.

includes 12 studio units, 10 one-bedroom units, 4 two-bedroom units, and 1 three-bedroom unit.

The site consists of two non-contiguous parcels located 1.3 miles apart and totaling 22,302

square feet of land. Commercial space on the ground floor of the Broadway building will be

converted to space for social services and common area for the tenants. Integration of the

sites will occur via a shared development timetable and common supportive services program.

CRCD and LTSC CDC have signed MOU's with Community Build and LA Conservation Corps

to provide on-site supportive services for the youth at both sites.

Relocation Plan

The Project will cause the displacement of ten (10) households from the 157 East 36TH Street

site as well as fourteen (14) households and four (4) businesses from the 4775 South

Broadway site. The CRA/LA's Real Estate Division has reviewed and considered the

Relocation Plan (Relocation Plans, Attachment "C") and determined the Developer's relocation

budget of $1,147,200 is adequate. The Relocation Plan was presented to the CD9 Project

Area's Community Advisory Committee on June 9, 2009 for review and comment and the

CRA/LA has filed a copy of the Relocation Plan.

Affordability Requirements

The chart below illustrates the project's proposed unit mix and income targeting based upon the

Tax Credit Allocation Committee's ("TCAC") rental and income definitions.

Unit Type TCAC 30% TCAC 50% Other TOTAL

Studio 11 1 (Manager) 12

1-Bdrm

210

2-Bdrm 31 (Manager)

3-Bdrm 1

Total 20

2. 27

The following chart illustrates the project's proposed unit mix and income targeting based upon

HCD rental and income definitions.

Unit Type Very Low Low Moderate Other TOTAL

Studio 11 1 (Manager) 12

1-Bdrm

210

2-Bdrm 3 1 (Manager)

3-Bdrm 1

Total 20 2

227

Twenty-five (25) of the Project's twenty-seven (27) units will be restricted by covenant for

occupancy by very low-, low- and moderate income households as defined by the California

Housing and Community Development Department (HCD). Two units will be unrestricted and

will be occupied by an on-site property manager at each of the two sites.

(

LTSC - BROAOWAY

136

ST.

(

Household Income Mix

INCOME CATEGORY

of Units %

of Total

CRA/LA Required

Extremely Low «30% AMI) 20 74% 15% Min (when feasible)

Very Low (31%-50% AMI) 519% 30% Min (incl EL units)

Low (51%-80% AMI) 00%

Moderate (81%-120% AMI) 00% 30% Maximum

Unrestricted (Manager) 27%

TOTAL 27 100%

The CRA/LA Housing Policy requires that not less than 30% of the units shall be Extremely Low

and Very Low Income and the goal is that not less than 50% of those units shall be affordable

at the Extremely Low Income level whenever feasible. The proposed Project complies with this

requirement in regards to the combined Extremely Low and Very Low Income categories.

Inclusionary Production Requirements

The CRA/LA is required to comply with the inclusionary housing obligation imposed by Section

33413(b) of the California Community Redevelopment Law that requires 15% of all housing

developed in a Project Area be low- and moderate-income housing subject to long-term income

and affordability covenants, of which 40% must be affordable to persons and families of very

low-income. Based on the analysis of current housing production included in the C09 Corridors

Five-Year Implementation Plan for FY2006-FY2010, 197 units of affordable housing have been

constructed to date, meeting the California Community Redevelopment Law for inclusionary

housing requirements. Of these 197 units, 89 are affordable to very low income households in

the C09 Corridors Project Area, exceeding the requirements for the C09 Project Area by 162

units of inclusionary and 75 units of very low income.

Pursuant to the proportionality requirements of the Community Redevelopment Law that are

applicable to the use of Low and Moderate Income Housing Funds (LMIHF), no less than 43%

of C09 Corridors Project Area LMIHF must be spent on housing that is affordable to Very Low

Income households, no less than 23% of the LMIHF must be spent on housing that is

affordable to Low Income households, and no more than 34% of the LlMIF may be spent on

housing that is affordable to Moderate Income households. To date, the C09 Project Area has

spent LlMHF in the following proportions: 20% Very Low Income; 52% Low Income; and 28%

Moderate Income.

Because ten of the affordable units under covenant are outside of the C09 Project Area, only

half of those units can be counted towards the C09 Project Area's inclusionary requirement. If

Bunker Hill funds are used, the Bunker Hill Project Area will be able to count 100% of the units

towards their 3:1 replacement housing requirement. On a presumption that C09 Project Area

funds will provide the financing, the table below illustrates the number of units that can be

counted towards the CRA/LA's inclusionary requirements under California Redevelopment Law:

HCDlriclusiona

Moderate

. Income

Extrem.·· ..

eIY.Low·· •.

VerY Low

.·Ilicome' . ·Income

LTSC - BROADWAY/36TH ST. 7

2-Bedroom 0 0 0 3 14

3-Bedroom 0 1 0 0 0 1

4-Bedroom 000 0 00

Totals

20 2 3 227

of Total 0% 74% 7% 12% 7% 100%

eRA/LA Assistance Proportionality $1,960,000 $196,000 $294,000 $2,450,000

ofTotal Affordable Units 80% 8% 12% 100%

eRA/LA Inclusionarv Units* 15 2 3 20

eRA/LA Assistance Proportionality $1,837,500 $245,000 $367,500 $2,450,000

ofTotal Affordable Units 75% 10% 15% 100%

• 3f5" St. site is outside of the RDA (half of units counted)

Financing

Based on the Developer's pro forma dated May 29, 2009, the total development cost of the

project is $11,263,616 ($417,171 per unit), with CRA/LA funding comprising 21.75% if the

$2,000,000 loan commitment is included. The table below includes the sources and uses of

funding for the Project.

DEVELOPMENT COST SUMMARY

Project Name: 36th Street and Broadway Apartments

Borrower:

se"

Street and Broadwav Apartments, L.P.

PERMANENT PERMANENT

SOURCES CONSTRUCTION WITH MHP WITH

eRA/LA SUB

Bank Loan $5,700,000

4% L1HTC Equity/ARRA 788,700 2,629,000 2,629,000

LAHD Loan 2,938,772 2,938,772 2,938,772

City of Industry Loan 250,000 2,413,929 2,413,929

HCD MHP Loan 0 2,681,915

CRA/LA Loan 450,000 450,000 2,450,000

Other Deferred Costs 365,144 60,915

Deferred Developer Fee 771,000 150,000 771,000

TOTAL

11,263,616 11,263,616 11,263,616

USES TOTAL COST RESIDENTIAL

COMPONENT

LTSC - BROADWAY/36TH ST.

USES TOTAL RESIDENTIAL PER UNIT

PER SQ.

COST COMPONENT

(27 units)

FT.

(18,860 sf)

Acquisition Costs $2,645,000 $2,645,000 $97,963 140

Relocation 1,147,200 1,147,200 42,489 61

Construction Hard Costs 3,528,570 3,528,570 130,688 187

Developer Fee 771,000 771,000 28,556 41

Indirect (Soft) Costs 3,171,846 3,171,846 117,476 168

TOTAL

11,263,616

417,172 597

At the time of construction loan closing when all financing is in place for the Project, CRA/LA

will execute an Amended and Restated Loan Agreement and a separate $2,000,000

Promissory Note. The amendment is needed because the Project changed from a single site to

multiple sites, the schedule of performance needed to be updated and to provide a loan

commitment to fulfill the construction lender's requirement for a guaranty in the unlikely event

that MHP funds are not released by the State at permanent financing. The terms of the existing

$300,000 Promissory Note and Deed of Trust will add an additional $150,000 to it but otherwise

the terms will remain the same. The $2,000,000 note and deed will be cancelled if the HCD

funds the MHP loan. The affordability covenants will stay in place for fifty-five years.

The Loan now includes a construction loan in the amount of $450,000 and a permanent loan of

up to $2,450,000. The construction loan term matches that of the construction lender and

expires on October 11, 2012. The construction loan carries 3 points and a 5% interest rate due

and payable at the time of conversion to permanent. In addition, the $2,000,000 permanent

loan will have a commitment fee of $18,700. This fee will be charged at the time the loan is

called on or if MHP funds come into the Project, at the time the loan is released. The permanent

loan of either $450,000 or $2,450,000 will be for a 55 year term. CRA/LA funds will be repaid

from a pro-rata share from 50% of the Project's residual receipts during operations.

Subordination of CRA/LA Covenants

The proposed funding requires a variance from the adopted Housing Policy's Section 8.04 that

requires any CRA/LA loan be secured by a first deed of trust. The Developer anticipates

construction and permanent financing from a conventional lender as well as City of Industry and

LAHD funding which will be senior to the CRA/LA loan.

The State Redevelopment Law was amended in 1989 (Section 33334.14) to allow

subordination of income and use restrictions. The subordination is permitted when the CRA/LA

makes a finding that an economically feasible alternative method of financing or refinancing

without subordination is not reasonably available and when the CRA/LA obtains written

commitments reasonably designed to protect the CRA/LA's investment in the event of default.

Currently, no domestic lending institutions are willing to provide conventional financing without

subordination of covenants, as well as CRA/LA loans and ground leases. Prior to agreeing to

such sub()rdinati()n, the eRA/LA will require that the Subordination Agreement contains notice

and cure provisions which reasonably protect the CRA/LA's covenant in the event of the

Developer's default under any of the senior loans (Subordination Resolution, Attachment

"Off).

)

LTSC - BROAOWA Y

136

TH ST.

Finding of Benefit

State of California redevelopment law permits a redevelopment agency to spend a project

area's affordable housing funds outside of the geographic boundaries of the project area as

long as findings are made that the housing project benefits the project area acting as the

beneficiary. A Finding of Benefit Joint Resolution finds that the use of $2,450,000 from C09

Project Area for the TAY Facility will provide affordable housing opportunities that will serve the

South Los Angeles region (Finding of Benefit Resolution C09 Project Area, Attachment "E",). If

the full CD9 Project Area funds are unavailable and the $2,000,000 guarantee is called on

Bunker Hill Replacement Housing Funds will be made available for the Project. A Finding of

Benefit Joint Resolution finds the use of $2,000,000 from the Bunker Hill Replacement Housing

Fund for the TAY Facility Project will provide unique affordable housing opportunities that will

also serve the Downtown Los Angeles region (Finding of Benefit Resolution Bunker Hill,

Attachment "F").

The Project will adhere to all applicable CRA/LA policies and requirements including Prevailing

Wage and Living Wage requirements, Local Hiring Programs, Equal Opportunity and

Affirmative Outreach, insurance and design guideline standards for the Project.

The Project is consistent with, and furthers the goals of, the CD9 Project Area Redevelopment

Plan adopted by the CRA/LA. Councilmember Jan Perry and the C09 Project Area's

Community Advisory Committee both support the proposed project and recommended actions.

Cecilia V. Estolano

Chief Executi Officer

Gle . Wasserman

Chief Operating Offic r

There is no conflict of interest known to me which exists with regard to any CRA/LA officer or

employee concerning this action.

Attachments:

Attachment A - Site Map

Attachment B - Commitment Letter

Attachment C - Relocation Plans

Attachment D - Subordination Resolution

Attachment E - Finding of Benefit Resolution C09 Project Area

Attachment F - Finding of Benefit Resolution Bunker Hill

iJouncil District 9 Corridors South the Santa Monica Freeway

CERA

l A

r.c:j~v

r.!<)r:m~nl

"'*"

SITE

MAP 36th St and Broadway Apartments

{.QmnI\J~:!t;

R<!~I~':I'c1.:p·m.:!O!

/'!1"11\':'-

Attachment A

157-161 E.36th St.

4775 5 Broadway

LEGEND

CD9 Redevelopment

Project Area Bounds

Clr'/

Los Angel.,;}

~"~E ·

nterprrse

ATTACHMENT B .

ATTACHMENT 16

California Tax Credit Allocation Committee

Terms of Syndication Agreement

as"

& Broadway

Enterprise is interested in purchasing a 99.99% interest in the captioned project. It is estimated that the

$341.463 in federal credits and the $Qin state credits requested for this project would generate gross

proceeds in the amount of $2,560,715.

Estimated net syndication proceeds may be calculated by subtracting typical syndication costs from the

estimated gross proceeds as follows:

Gross Proceeds $ 2,560,715

Investor Expenses:

Investor fees (acquisition, advisory, etc.) $0

Organizational and offering expenses $0

Acquisition expenses $0

Reserves or working capital $0

Other (explain) $0

Total Investor Expenses $0

Partnership Expenses:

Legal Expenses $0

Accounting Expenses $0

Other (explain) $0

Total Partnership Expenses $0

Less

Total Expenses $ 0

Net Proceeds $ 2,560,715

Total Expenses / Gross Proceeds 0%

The estimated net proceeds are equivalent to $0.75 for each $1 of federal credit and $Qfor each $1 of state

credit reserved to the project. None of the above fees earned by the investor will be included in the project's

eligible basis.

If there are any questions regarding these estimates please contact the undersigned.

Authorized Signatory:

Name of Signatory:

Brian N. Windley

(Please Print)

Title of Signatory:

Director, Southwest Acquisitions

(Please Print)

Date:

June 11, 2009

ENTERPRISE COMMUNITY INVESTMENT, INC.

315 West 9

Street, Suite 801

Los Angeles, CA 90015

213.833.7988

III

www.enterprisecommunity.com

ATTACHMENT C

RELOCATION PLAN

FOR THE

36TH STREET PROJECT

OVERLAND, PACIFIC

CUTLER, INC.

100

WEsrBROADWAY, SUITE

500

LONG BEACH, CA

90802

PHONE:

(562) 304-2000

JANUARY

5, 2009

INTRODUCTION 1

A. PROJECT LOCATION 1

B. ASSESSMENT OF NEEDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2

C. REPLACEMENT HOUSING RESOURCES 3

D. CONCURRENT RESIDENTIAL DISPLACEMENT 4

E. TEMPORARY HOUSING 4

F. PROGRAM ASSURANCES AND STANDARDS 4

G. RELOCATION ASSISTANCE PROGRAM 5

H. RELOCATION BENEFIT CATEGORIES 6

PAYMENT OF RELOCATION BENEFITS 8

J. EVICTION POLiCy

v ,

K. APPEALS POLICY 9

L. PROJECTED DATES OF DiSPLACEMENT 9

M. ESTIMATED RELOCATION COSTS 9

N. CITIZEN PARTICIPATION/PLAN REViEW 9

TABLE OF ATTACHMENTS 10

(

The Coalition for Responsible Development (the Developer) in partnership with the Little

Tokyo Service Center (LTSC) is in the process of entering in a Disposition and

Development Agreement (DDA)withthe LosAngeles Housing Department (LAHD), County

of Los Angeles Community Development Commission (City of Industry funds) and

California State Multi-family Housing Program (MHP) to rehabilitate the existing units at 157

East 36

Street in Los Angeles and convert them to 12 units of affordable housing (the

Project). The Project involves the acquisition of one improved land parcel consisting of

approximately 12,500 square feet and the subsequent permanent relocation of 11

residential occupants; one unit is currently vacant. The proposed displacement triggers

relocation assistance obligations in accordance with the provisions of the State

Government Code Section 7260, et seq., the Code of Regulations, Title 25, Division 1,

Chapter 6 (State Guidelines); Uniform Relocation Assistance andHeal Property Acquisition

Policies Act of 1970, as amended, (Uniform Act) and the Los Angeles Municipal Code and

Rent Stabilization Ordinance (RSO). Among the various obligations of the law is the

requirementto prepare a relocation plan addressing the circumstances and needs ofthose

persons potentially displaced by the Project.

The following Relocation Plan (the Plan) has been prepared by Overland, Pacific

Cutler

(OPC) in accordance with the specific requirements set out in Section 6038 of the

Guidelines concerning projects that involve the displacement of less than 15 households.

This Plan provides the Project description, the results of a needs assessment survey

conducted among residents, a housing resource study and details of the Developer's

proposed relocation program.

A. PROJECT LOCATION

The proposed Project will take place in the City of Los Angeles (the City), approximately

three miles southwest of downtown Los Angeles. The Project is immediately accessible

from the 110 freeway.(See Attachment 1, Figure 1).

The specific Project site is located in the southwestern portion of the City, south of

Jefferson Boulevard and east of Main Street and is generally bounded by Main Street on

the west, East 35

Street on the north, Maple Avenue on the east and East 36

Street on

the south. (See Attachment 1, Figure 2).

Overland, Pacific

Cutler, Inc. (OPC) Page 1

Relocation Plan for the 36

Street Project - Coalition for Responsible Development

B. ASSESSMENT OF NEEDS

Survey information for the Plan was obtained from individual, on-site interviews conducted

in October 2006 with the affected residential households. Six of 11 potentially affected

households provided their information. One household was inthe process of eviction at the

time of the survey, and not available to be contacted, and one unit was confirmed vacant

at the time of the surveys.

The housing mix consists of 11tenant occupied studio, one-, two-, three- and four-bedroom

apartment units within three four-unit buildings, all of which are very small in size. Monthly

rents among the surveyed households range between $368 and $986; depending on the

size of the unit and tenure. Reported ethnicity among the surveyed tenant households is

100% Hispanic. All but one household consider Spanish their primary language and one

household is English speaking.

According to income standards for the County

Los Angeles adjusted for family size as

published by the United States Department of Housing and Urban Development (HUD) in

February 2008, four Project households qualify as extremely low income (30% or less of

area median), and two households qualify as low income (51%-80% of area median). There

are no senior households (head of household 62 years or older) nor households with

disabilities that could affect the relocation process. One reported disability is of a child

residing with her parents and the move should not be affected by the child's disability.

There is a total known Project population of 34 individuals, consisting of 18 adults and 16

children, most of whom are of school-age. The average household size is 4.8 persons per

dwelling unit. The standard for housing density adopted by the Developer allows two

persons per bedroom and one person in a common living area up to three bedrooms. The

Developer adheres to the state building code occupancy standard based on the square

footage of the dwelling for households larger than eight members. Based on these criteria

as compared to available tenant data, there appear to be three overcrowded units among

the subject tenant residential properties. Replacement housing referrals to the occupants

of these dwellings will reflect the need for larger accommodations.

Overland, Pacific

Cutler, Inc. (OPC) Page

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Relocation Plan for the

36/1'

Street Project - Coalition for Responsible Development

Attachment 2 summarizes individual household characteristics and replacement housing

needs. Prevailing HUD income standards as well as general demographic information for

the City are presented in Attachments 3 and 4.

C. REPLACEMENT HOUSING RESOURCES

A housing resource survey was conducted to determine the availability of replacement

housing within the City sufficient to meet the needs of Project residents. Apartment units

were considered as appropriate replacement dwelling units if they were within a five-mile

radius from the Project site. The aggregate needs, based on the respondent households

and assuming the needs equal current unit size for non-respondent households, include:

• four studio apartments

• one one-bedroom apartment

• two two-bedroom apartments

• three three-bedroom apartments

• one four-bedroom apartment

Rental housing availability survey results are summarized below in Table 1. The data

indicate sufficient availability of needed housing units to successfully relocate all

households within the City.

Bdrm Size Found (Needed) Rent Range Median

Studio 65 (4) $500-$995 $750

1 apartment 89 (1) $695-$1,475 $1,000

2 apartment 97 (2) $850-$1,595 $1,250

3 apartment 35 (3) $999-$1,895 $1,600

4 apartment 10 (1) $1,400-$2,400 $1,800

The median rent amounts shown in the table above are among the figures used to make

benefit and budget projections for the Plan. These amounts are, naturally, subject to

Overland, Pacific

Cutler, Inc. (OPC) Page

Relocation Plan for the 36'" Street Project - Coalition for Responsible Development

change according to the market rates prevailing at the time of displacement. Average

Project rents are approximately 50 percent less than respective median market rents for

surveyed replacement units.

D.· CONCURRENT RESIDENTIAL DISPLACEMENT

There are several potential development projects throughout the City affecting residential

households applying for LADH funds and the Los Angeles Unified School District is

proposing to construct four additional school sites within the next year. The Project will not

likely compete for the available housing resources since there is an abundance of units

currently on the market, therefore allowing several projects to run concurrently, if needed,

and the displacement is not likely to occur for at least three months.

E. TEMPORARY HOUSING

There is no anticipated need for temporary housing.

F. PROGRAM ASSURANCES AND STANDARDS

There are adequate funds available to relocate all households. Services will be provided

to ensure that displacement does not result in different, or separate treatment of

households based on race, nationality, color, religion, national origin, sex, marital status,

familial status, disability, or any other basis protected by the Federal Fair Housing

Amendments Act; the Americans with Disabilities Act; Title VI of The Civil Rights Act of

1964; Title VII of The Civil Rights Act of 1964; Title VIII of The Civil Rights Act of 1968; and,

the California Fair Employment & Housing Act; and the Unruh Act.

No households will be displaced without at least 90 days notice and unless comparable

replacement housing can be located. Comparable housing includes standards such as:

decent, safe and sanitary (as defined in

6008[d] of the Guidelines); comparable as to the

number of bedrooms, living space, and type and quality of construction of the acquired unit,

but not lesser in rooms or living space than necessary to accommodate the displaced

household; in an area that does not have unreasonable environmental conditions; not

Overland, Pacific

Cutler, Inc. (OPC) Page 4

(

Relocation Plan/or the 36

Street Project - Coalition for Responsible Development

generally less desirable than the acquired unit with respect to proximity to schools,

employment, health and medical facilities, and other public and commercial facilities and

services; and within the financial means of the displaced household as defined in Section

6008, subdivision (c)(5) of the Guidelines.

The relocation program to be implemented by the Developer conforms with the standards

and provisions set forth in the State Guidelines, Uniform Act and the RSO and all other

applicable regulations and requirements.

G. RELOCATION ASSISTANCE PROGRAM

A relocation representative from OPC will assist the tenants and owners to be displaced

as a consequence of the Project. OPC staff will maintain personal contact with them until

the relocation process has been completed. OPC maintains atoll-free phone number (800)

400-7356, which is attended to from 8:00 a.m. to 5:00 p.rn., Monday through Friday.

The relocation offices are located at:

100 West Broadway, Suite 500

Long Beach, CA 90802

A comprehensive relocation assistance program, offering both advisory assistance and

financial benefits will be provided to the residents subject to displacement. Specific services

will include:

Distribution of informational brochures to residential tenants

(Attachment

5);

B. Timely referrals to at least three comparable replacement units and, if

necessary, transportation will be provided to inspect potential replacement

units; and

C. Assistance with the completion, and filing of relocation claims, rental

applications and appeal forms, if necessary.

Overland, Pacific

Cutler, Inc. (OPC) PageS

Relocation Plan for the 36'" Street Project - Coalition for Responsible Development

H. RELOCATION BENEFIT CATEGORIES

Relocation benefits will beprovided inaccordance with the California Relocation Assistance

Law; the Guidelines; and, other applicable regulations and requirements. Benefits will be

paid upon submission 'of required claim forms and documentation in accordance with

approved procedures. The Developer will provide appropriate benefits for each displaced

household as required by the above-referenced laws and requirements.

Residential Moving Expense Payments

The subject households will be eligible to receive a payment for moving

expenses. Payments will be made based upon either a fixed room count

schedule, or an invoice for actual reasonable moving expenses from a

licensed professional mover.

a. Fixed Payment - A fixed payment for moving expenses based on the

number of rooms containing furniture or other personal property to be

moved. The fixed moving payment will be based upon the most recent

Federal Highway Administration (FHA) schedules maintained by the

California Department orTransportation (See Fixed Payment Moving

Schedule - Attachment 6).

-OR-

b. Actual Reasonable Moving Expense Payments - The displaced

households may elect to have a licensed, professional mover perform

the move; if so, the displacing entity will pay for the actual cost of the

move, up to 50 miles, and all reasonable charges for packing,

unpacking, insurance, and utility connection charges at the

replacement location. The payment for moving will be made directly

to the mover, or as reimbursement to the displaced household.

2. Rental Assistance/Downpayment Assistance

Residential tenants who have established residency at the Project site for a

minimum of 90 days prior to the initiation of negotiations to purchase the

Overland, Pacific

Cutler, Inc. (OPC) Page 6

Relocation Plan for the

36'10

StreetProject - Coalition for Responsible Development

property and who choose to re-rent, may be eligible to receive a Rental

Assistance Payment in addition to compensation for moving expenses.

"Initiation of Negotiations" isdefined as the first written offer by the Developer

to buy the property from which the households will be displaced.

Rental Assistance Payments will be limited to amaximum of $5,250, based

upon the monthly housing need over a 42 month period, prior to

consideration of Last Resort Housing needs. Eligible households may opt to

apply the full amount of their rental assistance eligibility toward the purchase

of a replacement dwelling.

3. Residential Tenants Relocation Tracking and Assistance

The Developer intends to fully participate in the City's new Relocation

Tracking and Assistance System, by actively monitoring the relocation

process and keeping up-to-date address records for all displaced tenants

while undergoing the construction of new units. Each tenant will be given an

option to return to the new Developer-owned units upon completion, if they

satisfy the new unit's qualification criteria. The Developer will comply with the

revised relocation assistance payment schedule as contained in the Los

Angeles Municipal Code Section 151.09 G when the schedule allows for

larger benefits than the federally-prescribed relocation assistance. The

Developer will afford displacees a two-month priority lease-up application

period prior to advertising available units to public at large and will notify the

City when the Project is 50% complete.

4. PaymentsTo Non-TenuredResidential Tenants

A residential tenant who has actually and lawfully occupied the displacement

dwelling for less than 90 days immediately prior to the initiation of

negotiations is entitled to receive a moving expense payment Additionally,

non-tenured residential tenants may qualify for a rental assistance payment

under the provisions of Last Resort Housing assistance (see Last Resort

Housing, following). Such assistance is authorized when comparable

replacement housing is not available at rental rates within the tenant's

Overland, Pacific

Cutler, Inc. (OPC) Page 7

Relocation Plan for the 36

Street Project - Coalition for Responsible Development

financial means (30% of gross monthly household income). Last Resort

Housing assistance to non-tenured households is based solely on income.

5. Last Resort Housing Payments

The displaced persons will be entitled to consideration for supplementary

benefits in the form of Last Resort Housing assistance when the computed

total of their rental or replacement housing assistance eligibility exceeds

either $5,250 in the case of tenants or $22,500 for owner-occupants orwhen

a tenant or owner-occupant does not meet applicable occupancy

requirements.

PAYMENT OF RELOCATION BENEFITS

Relocation benefit payments will be made expeditiously. Claims and supporting

documentation for relocation benefits must be filed with the Developer within 18 months

from:

i) the date the claimant moves from the acquired property; or,

ii) the date on which final payment for the acquisition of real property is made,

whichever is later.

Procedures for preparing, and filing of claims and processing and delivering of payments

are attached (Attachment 7).

EVICTION POLICY

Eviction will only be undertaken as a last resort measure in cases of nonpayment of rent,

serious violation of the rental agreement, a dangerous, or illegal act in the unit, or if the

household refuses to act after having received reasonable referrals to comparable

replacement housing. Eviction may affect the eligibility of a person otherwise entitled to

relocation benefits.

Overland, Pacific

Cutler, Inc. (OPC) Page 8

(

Relocation Plan for the 36')' Street Project - Coalition for Responsible Development

K. APPEALS POLICY

The appeals policy will follow the standards described in Section 6150 of the Guidelines.

Pursuant to this Section, displacees have the right to appeal determinations of eligibility,

payment amounts and general relocation assistance services. A copy of the Developer's

appeals policy and procedures is attached (Attachment 8).

L. PROJECTED DATES OF DISPLACEMENT

Households will receive a written 120 day notice-to-vacate before they are required to

move. Relocation is expected to be commence in spring of 2009 and be completed by the

end of July 2009.

M. ESTIMATED RELOCATION COSTS

Estimated relocation costs for the Project are $431,650, including a 10% contingency. This

figure does not include any provision for relocation administrative costs or other services

which may be necessary to carry out the Project.

Ifthe Project is implemented and circumstances arise that increase the Project budget, the

Developer will authorize the expenditure of those additional funds necessary to meet its

statutory relocation assistance obligations.

N. CITIZEN PARTICIPATION/PLAN REVIEW

This Plan will be provided to the affected households and be made available to the public

for the 30-day review period. Comments regarding this Plan and the Developer's response

will be included as a Plan Addendum (Attachment 9) prior to submission for approval

before the Los Angeles Housing Department's Board of Directors. A copy of the approved

Plan will be forwarded to the California Department of Housing and Community

Development (HCD).

Overland, Pacific

Cutler, Inc. (OPC) Page 9

Attachment 1:

Attachment

Attachment 9:

TABLE OF ATTACHMENTS

Project Site Maps

Household Characteristics and Needs

Demographic Characteristics

H.U.D. Annual Income Limitations - Los Angeles County (2008)

Sample Informational Brochure for Displaced Households

Fixed Payment Moving Schedule

Procedures for Relocation Payments and Assistance

Appeals Policy and Procedures

Plan Addendum (Public Comments and Response)

Overland, Pacific

Cutler, Inc. (OPC) Page 10

ATTACHMENT

PROJECT SITE MAPS

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ATTACHMENT

DEMOGRAPHIC CHARACTERISTICS

..i2000¢ensus POPlJlation• City of Los Angeles.& Tracf2284.10 ..

Population Tract 2284.10

Total Population 5,280

%City

100.0% 3,694,820

35.2% 1,734,036

7.3% 415,195

1.1% 29,412

0.1% 369,254

0;0% 5,915

48.7% 949,720

7.6% 191,288

91.9% 1,719,073

White 1,858

Black or African American 383

American Indian and Alaska Native

Asian

Native Hawaiian and Other Pacific Islander

Some Other Race 2,572

Two or More Races 402

Hispanic or Latino (of Any Race) 4,851

Source: U.S. Census Bureau; Race, Hispanic or Latino, and Age: 2000

100.0%

46.9%

11.2%

10.0%

25.7%

46.5%

0.8%

0.2%

5.2%

2000.CensLIsl-I()using UnitS<.·.Cityof LOs{A6gel~.s.•

l"raci2284.1() ....

Total Units

Tract 2284.10 %

Type

1,126

%City

100.0% 1,337,706

23.5% 491,882

71.3% 783,530

5.2% 62,294

13.8% 9,036

72.4% 28,529

10.3% 5,161

0.0% 4,905

3.4% 14,663

Owner-Occupied 265

Renter-Occupied

Vacant Houslnq Units

803

Available for Sale Only (of Total Vacant

Units) 8

Available for Rent· Full Time Occupancy

(of Total

Vacant Units) 42

Sold or Rented - Not Occupied

Otherwise Not Available (e.g. seasonal,

recreational, migratory, occasional use)

Other Vacant 2

Source: U.S. Census Bureau; General Housing Characteristics: 2000

100.0%

36.8%

58.6%

14.5%

45.8%

23.5%

4.6%

8.3%

7.8%

(

ATTACHMENT

HUD

ANNUAL INCOME LIMITATIONS - YEAR

2008

COUNTY OF Los ANGELES, CALIFORNIA

The following figures are approved by the U.S. Department of Housing and Urban

Development (HUD) for use in the County of Los Angeles to define, and determine

housing eligibility by income level, for the year 2008.

Extremely Very Low Low Median Moderate

Low Income Income Income Income

Income

1 Person 15,950 26,550 42,450 41,900 50,300

2 Person 18,200 30,300 48,500 47,800 57,400

3 Person 20,500 34,100 54,600 53,800 64,600

4 Person 22,750 37,900 60,650 59,800 71,800

5 Person 24,550 40,950 65,500 64,600 77,500

6 Person 26,400 43,950 70,350 69,400 83,300

7 Person 28,200 47,000 75,200 74,200 89,000

8 Person 30,050 50,050 80,050 78,900 94,800

Figures are per the California State Department of Housing & Community Development,

Division of Housing Policy Development, promulgated February 28, 2008.

ATTACHMENT 5

SAMPLE INFORMATIONAL BROCHURE

FOR

DISPLACED HOUSEHOLDS

(

ATTACHMENT

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.'.O~cupa:~t'Owns

F~mit:ure.

One room $625.00

Two rooms $800.00

Three rooms $1,000.00

Four rooms $1,175.00

Five rooms $1,425.00

Six rooms $1,650.00

Seven rooms $1,900.00

Eight rooms $2,150.00

each additional room $225.00

()~c;up~~tD6e~}NOTOVinl=umilure. .

First Room $400.00

each additional room $65.00

Source: Federal Highway Administration (effective

8/22/08)

ATTACHMENT

PROCEDURES

FOR

RELOCATION PAYMENTS AND ASSISTANCE

Claims and supporting documentation for relocation benefits must befiled with the Developerwithin

18 months from:

The date the claimant moves from the acquired property;

or,

The date on which final payment for the acquisition of real property is made,

whichever is later.

The procedure for the preparation and filing of claims, and the processing and delivery of payments

will be as follows:

1. Claimant(s) will provide all necessary documentation to substantiate eligibility for

assistance.

2. Assistance amounts will be determined in accordance with the provisions of

California Relocation Law.

3. Required claim forms will be prepared by relocation personnel in conjunction with

claimant(s). Signed claims and supporting documentation will be submitted by

relocation personnel to the Developer.

4. The Developer will review and approve claims for payment or request additional

information.

5. The Developer will issue benefit checks which will be available at the Developer

offices for pick-up by OPC, unless circumstances dictate otherwise.

6. Final payments will be issued after confirmation that the Project area premises have

been completely vacated, and actual residency at the replacement unit is verified.

7. Receipts of payment will be maintained in the relocation case file.

(

ATTACHMENT

ApPEALS POLICY AND PROCEDURES

ATTACHMENT

PLAN ADDENDUM

(PUBLIC COMMENTS AND RESPONSE)

RELOCATION PLAN

FOR THE

BROADWAY APARTMENTS PROJECT

Los Angeles, CA

PREPARED FbR

COALITION FOR REsPONSIBLE COMMUNITY DEVELOPMENT

AND

LTS C COMMUNITY DEVELOPMENT CORPORATION

OVERLAND, PAOFIC& CurLER,lNC.

100

BROADWAY,SUITE 500

LoNG BEAm, CA 90802

(562) 304-2000

January

7, 2009

(

RELOCATION P LAN FOR THE BROADW AY APARTMENTS PROJECT -

Los

ANGELES, CALIFORNIA

INTRODUCTION

The Coalition for Responsible Development (the Developer) has acquired a 16-unit

apartment complex with 14 occupied and two vacant residential units and four commercial

units for development of an affordable housing project - The Broadway Apartments Project

(Project). The Project will provide 10 units for homeless youth and six units of affordable

housing for families with income at or below 60% area median income. The ground floor

spacewiII be converted to the Developer's offices. The units will remain a mixof studio, one

and two bedroom units, ranging from 400-650 square feet. Anticipated funding for the

Project will be from multip Ie sources including Los Angeles Housing Department HOME

funds, Los Angeles County Community Development Commission CDBG funds, California

State Housing

Community Develop ment Department Multifamily Housing Program funds,

Los Angeles Community Redevelopment Agency funds and 4% Tax Credits.

All units and the building will be renovated to a decent, safe and sanitary condition. The

primary goal of the Project is to create safe affordable housing units.

This Project will ultimately require the temporary and permanent relocations of the current

residential and business occupants at 4775 Broadway Street. Income qualified tenants, who

are not overcrowded will be relocated temporarily during the unit rehabilitation and will be

able to return to the Project units. Over-income tenant households (those that are above 60%

of area median income) as well as those requiring larger accommodation than two-bedrooms

will be permanently displaced. The 4775 Broadway Street building, which is the subject of

this Plan, is located in the area generally bounded by West 47th Place on the north, Broadway

Street on the east, West 48th Street on the "south and Grand Avenue on the west, in the City of

Los Angeles, as illustrated on the Project Site Maps shown in Attachment 1.

Overland, Pacific

Cutler, Inc. (OPC), an experienced relocation consulting firm, has been

selected to prepare this Relocation Plan (the Plan). OPC will provide all required relocation

assistance to the tenant households, who will be temporarily or permanently displaced. In

compIiancewith statutory requirements, this Plan has been prepared to primarily evaluate the

present circumstances and replacement requirements of the permanent displacees. (A brief

description of the relocation assistance for which the temporarily displaced tenants will be

eligible will also be included.)

Overland, Pacific &Cutler, Inc. 2

RELOCATION P LAN FOR THE BROADW AY APARTMENTS PROJECT -

Los

ANGELES, CALIFORNIA

RELOCATION PLAN

This Relocation Plan has been prepared in accordance with the provisions of the State

Government Code Section 7260, et seq., the Code of Regulations, Title 25, Division 1,'

Chapter 6 (State Guidelines), Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, as amended, (Uniform Act) and the Los Angeles Municipal Code and

Rent Stabilization Ordinance (RSO). In addition, because the Project will utilize HOME

funds administered by the U. S. Department of Housing and Urban Development (HUD),

permanent relocation benefits may exceed the amount calculated under the Uniform Act, and

instead, be calculated as dictated by Section 104(d) of the Housing and Commun ity

Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)].

No displacement activities will take place prior to the required reviews and approval of this

Plan. In order to attain its overall development goals for the Project, it is the Developer's

intention to provide a fair and equitable relocation program for all eligible Project displacees.

A. METHODOLOGY AND ASSESSlVIENT OF NEEDS

To obtain information necessary for the preparation of this Plan, personal interviews were

conducted with the Project occupants in May 2007. At the time ofthe interviews, there were

14 occupied tenant households and four businesses. Two residential units were confirmed

vacant at the time of surveys. OPC was successful in interviewing 13 of 14 residential

households and all four businesses.

Inquiries made of the residential occupants included household size and composition, ages of

occupants, rental and income information, length and type of occupancy, ethnicity, language

first spoken in the home, disabilitieslhealth problems, and preferences related to replacement

housing and location. All information supplied by the occupants was anecdotal and not

validated by documentary evidence that otherwise would be required to comply with

relocation qualify ing criteria.

B. FIELD SURVEY DATA- ASSESSMENT OF NEEDS

The survey of the occupied displacement dwellings on the Project site resulted in the

information stated inthe Table

below, which shows some of the household characteristics

and needs of the households surveyed.

TABLE1: PROJECT HOUSEHO LDS' CHARAClERISTICS

Income Composition Current Current Bedrooms Elderly/ Language

of Adul ts/Chil dren Rent Bedrooms Needed Physically

Area Disabled

Median

19% 3/4 $642 13No Spanish

Overland. Pacific

Cutler, Inc.

((

RELOCATION PLAN FOR TIlE BROADWAY APARTMENTS PROIECT- LosANGELES, CALIFORNIA

57% 3/1

$496 0

2No Spanish

58%

2/2 $425 2

2No Spanish

102%

4/0 $965 2

2No Spanish

149%

2/0 $900 2

2No Spanish

83%

312 $725 1

2No Spanish

76%

312 $750

12No Spanish

78%

3/0 $750 1

1No Spanish

69%

3/3 $850 2

3No Spanish

17%

112 $575 0

1No English

14%

112 $850 1

1No Spanish

48%

2/3 $800

12No Spanish

36%

2/2 $588 0

2No Spanish

The table in Attachment 2 shows the most current income limits for the "extremely low",

"very low", "lower", "moderate" and "median" income categories as established for the year

2008 by HUD for Los Angeles County.

In addition to the residential tenants there are four businesses in the Project subject to

displacement should the Project proceed as planned. The following information in Table 2

reflects information gathered from personal interviews as well as observations made in the

field. Business type, reported move-in date, estimated square footage, monthly rent, number

of employees and any particular features are outlined.

TABLE2: BUSINESS USES

Business Name Est. Sq. Monthly Particular Move-in #of

Footage Rent Features Date Employees

Coolers, shelves,

Garcia Mini Market

700 $750

cash register, security

11106

cameras

American Construction

1,400 $1,475

Roll-up door, storage

03/04 2

Floor space,

ffice, shelves

Elsa del Carmen

1,300 $1,500

Second hand store

03/07

PI1o~ne

line, sect.iritY~

_._-

EI Bienvenido

700 $650

bars, merchandise

06/97 2

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PROJECT OCCUPANCY/OVERCROWDING

For pUlposes of determining whether overcrowding conditions exist, an occupancy standard

of two persons per sleeping room plus one person in a non-sleeping room was adopted.

Based on the adopted Occupancy Standard, there are eight overcrowded units on the Project

site, two of which will require three-bedroom units and since there are none in the Project,

they will be permanently relocated.

D. REPLACEMENT HOUSING RESOURCES

Based on income levels stated in Table 1, seven households are either over-income or

overcrowded and will not be able to return to the Project. One of the primary purposes of a

Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and

sanitary housing prior to the displacement of residential occupants. In order to adequately

relocate the Project households to be permanently displaced, one l-bedroom apartment unit,

four 2-bedroom apartment units and two 3-bedroom apartment units will be required.

A housing survey was made in January 2009 to identify available comparable, decent, safe

and sanitary units available for rent in close proximity to theProject site. Based on the results

of that survey, it appears that comparable replacement dwelling units will be available during

the relocation period to meet the potential needs of the households, who will be permanently

displaced. Table 3 below outlines the resource study and shows the number of available

units and their corresponding rents.

TABLE 3: AVAILABILITY AND COSTOFRENTAL HOUSING

Bedroom Size One Two Three

# Found (# needed) 59 (1) 55 (4) 29 (2)

Rent Range $800-$1,695 $850-$1,900 $1,350-$2,500

MarketMedian Rent $995 $1,350 $1,800

The availability of commercial space in the downtown Los Angeles area seems to be

abundant along Washington Boulevard, Normandie Avenue, Western Avenue, Florence

Avenue, Vermont Avenue, Vernon Avenue, Avalon Boulevard and other major commercial

streets for the four potentially displaced businesses to find replacement sites, should they

choose to continue with their current operations. Retail space identified in the survey rents

between $0.56 and $3.00 per square foot with a median price of $1.67 and warehouse/retail

space rents between $0.49 and $1.25 per square foot with a median price of $1.25.

E. CONCURRENT RESIDENTIAL DISPLACEMENT

Based on the needs of the Project, there are no concurrent displacements, which may impact

the ability to relocate the displaced households.

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F. TEMPORARY HOUSING

The Developer will respond appropriately and in conformance with all applicable laws and

requirements regarding the temporary relocations necessary for the rehabilitation of the units.

At this time, there are six households, who will be required to relocate temporarily to

remodeled on-site units. Those tenants asked to move temporarily will be afforded benefits

different and separate from those outlined in this Plan. No temporary tenant will be required

to move off-site; there will be one move: from the current unit to the completely rehabilitated

,unit.

Benefits for temporary displacees shall include, but are not limited to: covering moving

expenses to the rehabilitated unit, payment of increased housing costs, if any, the guarantee

of a suitable unit in the same building or complex, and a limitation on a rental increase at the

rehabilitated replacement unit. Assistance will also be provided to the temporarily displaced

tenants during their move and with disconnection and reconnection of utilities.

G. PROGRAM ASSURANCES AND STANDARDS

Adequate funds are available to relocate the permanently displaced households. Relocation

assistance services will be provided to ensure that displacement does not result in different or

separate treatment of households based on race, nationality, color, religion, national origin,

sex, marital status, familial status, disability or any other basis protected by the federal Fair

Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights

Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment

Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination.

No one will be permanently displaced without 120 days advance written notice and unless

"comparable" replacement housing can be made available. Generally, a comparable

replacement dwelling must satisfy the following criteri a:

(a) The unit is decent, safe and sanitary - electrical, plumbing and heating

systems in good repair - no major, observable hazards or defects. The unit

adequate in size and is comparable to the acquired dwelling with respect to

number of rooms, habitable living space and type and quality of construction,

but not lesser in rooms or living space as necessary to accommodate the

displacedperson. The unit is functionally equivalent, including principle

features.

(b) The unit is located in an area not subjected to unreasonable adverse

environmental conditions from either natural, or man-made sources, and not

generally less desirable with respec:t to public: utilities, transportation, public:

and commercial facilities, including schools and municipal services and

reasonably accessible to the displaced person's place of employment.

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RaOCA nON P LAN FOR THE BROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

of race, color, sex, marital status, religion or, national origin.

(d) The monthly rental rate is within the financial means of the displaced

residential tenant

The relocation program to be implemented by the Developer conforms to the standards and

provisions set forth under the Uniform Act and implementing regulations at 49 CFR Part 24

and by Section 104(d) of the Housing and Community Development Act of1974, (the Act)

as amended [42 United States Code, Section 5304(d)].

H. RELOCATION ASSlSTANCEPROGRAM

OPC staff is available to assist the permanently displaced households with questions about

relocation and/or assistance in relocating. Relocation staff can be contacted at (800) 400-

7356 from 9:00 a.m. to 5:00 p.m. Monday through Friday. The relocation offices are located

at: 100 West Broadway, Suite 500

Long Beach, CA 90802

A comprehensive relocation assistance program, with technical and advisory assistance, will

be provided to the households being permanently displaced. Close personal contact will be

maintained with the households. Specific activities will include:

1. Distribute appropriate written information concerning the Developer's

relocation program, including the appropriate Informational .Statement

included as Attachments 3, 4

2. Fully inform eligible project occupants of the nature of, and procedures for,

obtaining relocation assistance and benefits;

3. Determine the needs of each displacee eligible for assistance, including any

special needs of the elderly and disabled;

4. Provide an adequate number of referrals to comparable, decent, safe and

sanitary housing units, including special facilities needed for the elderly or

disabled, within a reasonable time prior to displacement, and assure that no

residential occupant is required to move without a minimum of 120 days

written notice to vacate;

5. Provide assistance that does not result in different or separate treatment due to

race, color, religion, national origin, sex, marital status or other arbitrary

circumstances;

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RELOCATION PLAN FOR THE BROADWAY APARTMENTS PROJECT-Los ANGELES, CALIFORNIA

6. Supply information concerning federal and state programs and other

governmental programs providing assistance to displaced persons;

7. Assist each eligible residential occupant to complete applications for benefits;

8. Make benefit determinations and payments in accordance with federal and

Developer adopted relocation guidelines;

9. Inform all persons subject to displacement of the Developer's policies with

regard to eviction and property management; and

10. Establish and maintain a formal grievance procedure for use by displaced

persons seeking administrative review of the Developer's decisions with

respect to relocation assistance.

1 CITIZEN PARTICIPATIONIPLAN REVIEW

This Relocation Plan will be made available to the Project households and to the public for

the mandatory 30 day review period. Comments to this Plan, if any, will be included as a

Plan addendum (Attachment 8) prior to submission to City of Los Angeles for [mal

approval.

RELOCATION BENEFIT CATEGORIES

is anticipated that nine residential tenant households will be permanently displaced by the

Project. Eligible tenant occupants will be eligible for Rental Assistance and Moving Expense

Payments. Permanent relocation benefits will be paid upon submission of required claim

forms and documentation in accordance with approved procedures. Last resort housing

payments will be made in installments or one lump sum at the discretion of the Developer.

Residential Movin2 Expense Payments

All residential occupants to be relocated will be eligible to receive a payment for moving

expenses. Moving expense payments will be made based upon the actual cost of a

professional move or a fixed payment based on a room-count schedule.

a. Actual Cost (professional Move)

Displacees may elect to have a licensed professional mover perform the move. The actual

cost of the moving services, based on at least two acceptable bids, will be compensated by

the Developer in the form of a direct payment to the moving company upon presentation of

an invoice. Transportation costs are limited to a distance of 50 miles in either case. In

addition to the actual move, costs associated with utility re-connections (i.e., gas, water,

electricity, telephone, and cable, if any), are eligible for reimbursement.

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RELOCATION PLAN FOR THE BROADWAY APARTMENTS'PROJECT-LOSANGELES, CALWORNIA

b. Fixed Payment (based on Room Count Schedule)

An occupant may elect to receive a fixed payment for moving expenses which is based on the

number of rooms occupied in the displacement dwelling. In this case, the person to be

relocated takes full responsibility for the move. The fixed payment includes all utility

connections as described in (a), above. At a minimum, the fixed schedule payment for single

occupancy efficiency units, furnished with the tenants own personal property, is $625

including all utility connections at the replacement location. The current schedule for fixed

moving payments isset forth in Table 4 following:

TABLE 4: SCHEDULE OF FIXED MOVING PAYMENTS (effective 8-22-08)

Unfurnished Dwelling

One room $625

Two rooms $800

Three rooms $1,000

Four rooms $1,175

Five rooms $1,425

Six rooms $1,650

Seven rooms $1,900

Eight rooms $2,150

each additional room $225

Furnished Dwelling

First Room $400

Each additional room $65

Rental Assistance For Tenant Occupants (URA an d 104d)

To be eligible to receive the rental assistance benefits, the displaced tenant household has to

rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one

year from the date they move from the displacement dwelling.

Based upon the available data regarding Project displacees, the displaced household may

qualify for, and may be eligible to apply for, relocation benefits under URA provisions or

Section 104(d). Rental Assistance Payments will be calculated based upon the monthly

housing need over a 60 month period for eligible occupants whose income level does not

exceed 80% of the median income for the County of Los Angeles, as established by the

United States Department of Housing and Urban Development (HUD). Recipients of 104(d)

benefits would also be eligible to receive reimbursement for security deposit and credit check

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RELOCATION P LAN FOR THE BROADW AY APAR 1MENTS PROJECT - Los ANGELES, CALIFORNIA

fees. Except in the case of Last Resort Housing situations, payments to those households

whose income level exceeds 80% of the area median income will be payable over a 42 month

period and limited to a maximum of $5,250 as stated under URA guidelines. The differences

between the two programs are explained in detail in the informational brochures provided to

each household (see Attachments 3

4).

Table 5 provides an examp le of how a 104(d) rental assistance eligib ility is determined:

TABLE 5: EXAlVIPLE COMPUf ATION OF l04(D) RENTALASSISTANCE

1. Adjusted Gross Incorre $600 30%ofHousehold's Monthly Adjusted Gross Incorre"

-or-

2. Gross lncorre $300 10% of Gross Monthly Household Income

3. Greateroflines 1 and 2 $600 Total Tenant Payrrent

Subtracted from the lesser of:

4. Actual New Rent $795 Actual New Rent (includes utilities)

-or-

5. Comparable Rent $815 Set by Developer (includes utilities)

6. Lesser oflines 4 and 5 $795

7. MonthlyNeed Amount $195 Subtract line 3 from line 6

Rental Assistance $11,700 Multiply line 7 (Monthly Need) by 60 months

Adjusted gross mcome means the total annual mcome of an individual household less the Dllowmg: (1) a

deduction of$480 Dr each dependent; (2) a deduction of$400 Dr an elderly household; (3) a deduction Dr

recuning extraordinary medical expenses; defined Dr this purpose to mean medical expenses in excess of3% of

total income, where not compensated Dr, or covered by insurance or other sources; (4) a deduction of

reasonable amounts paid Dr the care of children or sick or incapacitated family members when determined to

be necessary to employment of the head of household or spouse, except that the amount deducted shall not

exceed the amount ofincome received by the person who would not otherwise be able to seek employment in

the absence ofsuch care.

Table 6portrays the benefits determination under the URA:

TABLE 6: EXAMPLE COMPUTATION OFtlRA RENTAL ASSISTANCE

Old Rent $650 Old Rent and Utilities

2. Ability to Pay $700 30% of the Gross Household Ineorre (fur Low Income

-_.-

Households)

3. Lesser oflines lor2 $650 Base Monthly Rental

Subtracted From:

4. Actual New Rent

$750

Actual New Rent and Utilities

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RELOCATION PLAN FOR TIlE BROADWAY APAR1MENTS PROJECT- Los ANGELES, CALIFORNIA

5. Comparable Rent $775 Determined by Developer (includes utilities)

6. Lesser oflines 4 or5 $750

7. Yields MonthlyNeed: $100 Subtract line 3 from line 6

Rental Assistance $4,200 Multiply line 7 by42 months

Rental Assistance payment amounts are equal to 42 times the difference between the base

monthly rent and the Iesser of:

(i) The monthly rent and estimated average monthly cost of utilities for a comparable

replacement dwellin

or .

(ii) The monthly rent and estimated average monthly cost of utilities for the decent,

safe, and sanitary replacement dwelling actually occupied by the displaced person.

The base monthly rent forthe displacement dwelling is the lesser of:

(i) The average monthly cost for rent and utilities at the displacement dwelling fora

reasonable period prior to displacement, as determined by the Developer. For owner-

occupants or households, which paid little or no rent, fair market rent will be used as

a substitute for actual rent; or

(ii) Thirty percent (30%) of the displaced person's average, monthly gross household

income if the amount is classified as "low income" by the U. S. Department of

Housing and Urban Development's (BUD) Annual Survey of Income Limits for

the Public Housing and Section 8 Programs. HUD's Survey is shown as

Attachment 2. If a displacee refuses to provide appropriate evidence of income or is

a dependent, the base monthly rent shall be determined to be the average monthly

cost for rent and utilities at the displacement dwelling; or

(iii) The total of the amount designated for shelter and utilities if receiving a welfare

assistance payment from a program that designated the amounts for shelter and

utilities.

Tenant Relocation Assistance Under Los Angeles Municipal Code and Rent

Stabilization Ordinance

For those permanently displaced tenants whose combined payments under URA and/or

104(d) benefits that are less than the City of Los Angeles' RSO relocation assistance

payments, those benefits will operate as a credit against the fee to be paid to the tenant under

the RSO. Table 7 provides relocation amounts as determined under RSO, effective July I,

2008:

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RELOCATION P LAN FOR TIlE BROADW AY APAR1MENTS PROJECT - Los ANGELES, CALIFORNIA

TABLE 7: RELOCATION ASSISTANCESCHEDULEPERRSO

Type of Tenant Occupancy up to 3 Occupancy 3 years Income less than

years or more 80%of AMI

Eligible $7,000 $9,300 $9,300

Qualified $15,300 $17,600 $17,600

Residential Tenants Relocation Tracking and Assistance

The Developer intends to fully participate in the City's new Relocation Tracking and

Assistance System, by actively monitoring the relocation process and keeping up-to-date

address records for all displaced tenants while undergoing the construction of new units.

Each tenant will be given an option to return to the new Developer-owned units upon

completion, if they satisfy the new unit's qualification criteria. The Developer will comply

with the revised relocation assistance payment schedule as contained in the Los Angeles

Municipal Code Section 151.09 G when the schedule allows for larger benefits than the

federally-prescribed relocation assistance. The Developer will afford displacees a two-month

priority lease-up application period prior to advertising available units to public at large and

will notify the City when the Project is 50% comp lete.

Downpayment Assistance Payment to Tenants who Purchase

(URA

and 104d)

The displaced households may opt to apply the entire benefit amount for which they are

eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD

1378). There are, however, two restrictions when 104(d) regulations govern the relocation

process: (1) if the Developer (or the City of Los Angeles Housing) has a Section 8 voucher

and available comparable Section 8 housing to offer a displaced household, the household

may not opt for 60 months of replacement housing payments (the family may then select

URA coverage and receive 42 months of cash benefits) and (2) if a displaced household

decides to purchase a rep lacement dwelling, they may use their 104( d) 60 months of cash

benefits to buy a cooperative or mutual housing unit only (under URA they can choose any

type of unit, including conventional housing, but the benefits are calculated over a 42 month

period).

A disp laced household, who chooses to utilize up to the full amount of their rental assistance

eligibility (including any Last Resort benefits) to purchase a home, will have the funds

deposited in an open escrow account, provided that the entire amount is used for the

downpayment and eligible, incidental costs associated with the purchase of a decent, safe,

and sanitary.replacementhome.i..A provision shalLbe made.in. the.escrow.arrangements for

the prompt return of the Developer's funds, in the event escrow should fail to close within a

reasonable period oftirne.

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RELOCATION PLAN FOR TIlE BROADWAY APARTMENTS PROJECT-Los ANGELES, CALIFORNIA

Final determination about the type of relocation benefits and assistance for which the

household is eligible will be determined upon verification of the household's occupants and

income.

Last Resort Housing Payments

There is adequate "comparable replacement housing" available to meet the needs of the

Project occupants, according to the housing survey. However, a combination of factors,

including the income levels of the tenants, Project rents, and the higher cost of replacement

dwellings, will create the need for last resort housing..

A displaced person is entitled to Last Resort Housing assistance when, in a single residential

case, the computed totalof rental assistance eligibility exceeds $5,250. This type of situation

is likely to develop among low-income or large families or in environments where project

area rents are particularly low, or where property values for the displacement dwellings are

significantly lower than the comparable replacement dwellings.

Relocation Assistance to Commercial Tenants

Eligible businesses will have two options with respect to claims for relocation assistance

benefits:

1) compensation for actual reasonable and necessary moving and related expenses,

2) a fixed payment not to exceed $20,000.

Off-site property owners whose sole business is considered to be the rental of real property

to others are not eligible to receive a fixed payment but may file a claim for actual moving

costs and compensation for reestablishment expenses described later in this section.

Payment for Actual Reasonable and Necessary Moving and Related Expenses

Any business which qualifies as a displaced person. is entitled to payment for such

actual moving expenses, as the Developer determines to be reasonable and necessary,

including expenses for:

a. Transportation of persons and property from the present location to the

replacement location (transportation costs for a distance beyond 50 miles are

not eligible, unless the Developer determines that relocation beyond 50 miles

isjustified);

b. Packing, crating, uncrating, and unpacking personal property;

c. Disconnecting, dismantling, removing, reassembling, and installing relocated

and substitute machinery, equipment and other personal property. Includes

connection to utilities available nearby and modifications necessary to adapt

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RELOCATION P LAN FOR TI-IE BROADWAY APARTMENTS PROJECT- Los ANGELES, CALIFORNIA

such property to the replacement structure or to the utilities or to adapt the

utilities to the personal property;

d. Storage of personal property for a period not to exceed 12 months, unless the

Developer determines that a longer period is necessary;

e. Insurance of personal property while in storage or transit and the replacement

value of property lost, stolen, or damaged (not through the fault or negligence

of the displaced person) in the process of moving, where insurance is not

readily available;

f. Any license, permit, or certification required by the displaced business, to the

extent that the cost is necessary for reestablishment at the rep lacement

location. (These costs may be pro-rated based on the remaining useful life of

any existing license, permit or certification);

g. Reasonable and pre-authorized professional services, including architects',

attorneys', engineers' fees, and consultants' charges, necessary for: (1)

planning the move of the personal property; (2) moving the personal property;

or, (3) installing the relocated personal property at the replacement location;

h. Professional services performed prior to the purchase or lease of a

replacement site to determine its suitability for the business operation

including, but not limited to, soil testing, feasibility and marketing surveys;

1. The purchase and installation of substitute personal property limited to the

lesser of: (1) an amount equal to the reasonable expenses that would have

been required to relocate the property, as determined by the Developer,

subject to certain limitations, or, (2) the replacement cost, less any proceeds

from its sale or trade in;

J. Connection to available. nearby utilities from the right-of-way to

improvements at the replacement site;

k. The modification of machinery, equipment or other personal property

necessary to adapt these to the replacement location or to utilities available at

the replacement location;

Relettering signs and replacing stationary on hand at the time of displacement

that are made obsolete as a result of the move;

m. Actlll:ildjrect 10s~~1?of tangiblt':p~r1?Ol1l:ilproperty rt':1?llltirJ.gfrOIDmoving or

discontinuing a business or non-profit organization, not-to-exceed the lesser

of: (1) the fair market value of the property for continued use at its location

prior to displacement less any proceeds from sale of the property; or, (2) an

amount equal to the reasonable expenses that would have been required to

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RELOCATION PLAN FOR TIlE BROADW AvA>ARlMENTS PROIECT - Los ANGELES, CALIFORNIA

relocate the property, as determined by the Developer, subject to certain

limitations;

n. Actual and reasonable expenses incurred in searching for a replacement

business or non-profit organization location, not-to-exceed $2,500, and

including compensation for transportation expenses; time spent searching for

a reasonable location, meals, and lodging; real estate broker or agent fees;

time spent in obtainin gpermits and attending zoning hearings; and time spent

negotiating the purchase of a rep lacement site;

o. Impact fees or one-time assessments for anticipated heavy utility usage;

p. Low ValuelHigh Bulk: when the personal property to be moved is of low

value and high bulk, and the cost of moving the property would be

disproportionate to its value in the judgment of the Developer, the allowable

moving cost payment shall not exceed the lesser of: (1) the amount which

would be received if the property were sold at the site or (2) the replacement

cost of a comparable quantity delivered to the new business location.

Examples of personal property covered by this provision include, but are not

limited to, stockpiled sand, gravel, minerals, metals and other similar items of

personal property as determined by the Developer;

q. A Reestablishment allowance of up to $10,000, available to farms, nonprofit

organizations and small businesses with no more than 500 employees.

Reestablishment allowance payments are made in addition to compensation

provided for actual, reasonable and necessary moving expenses.

Reestablishment allowance expense categories include but are not limited to:

1) Repairs or improvements to the replacement property as required by

Federal, State or local law, code or ordinance;

2) Modifications to the replacement property to accommodate the

business operation or make replacement structures suitable for

conducting business;

3) Construction and installation costs for exterior signing to advertise the

business;

4) Redecoration or replacement of soiled or worn surfaces at the

replacement site, such as paint paneling or carpeting;

5) Advertisement of replacement location;

6) Estimated increased costs of operation during the first two years at the

replacement site for such items as:

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RELOCATION PLAN FOR THE BROADWAY APAR1MENTS PROJECT-Los'ANGELES, CALIFORNIA

• Lease or rental charges

• Personal or real property taxes

• Insurance premiums, and

• Utility charges, excluding impact fees

7) Other items essential to the reestablishment of the business.

Self-Moves

If the displaced business elects to take full responsibility for the move of the business,

the Developer will make a payment for the business's moving expenses in an amount

not to exceed the lower of two acceptable bids or estimates submitted to the

Developer. At the Developer's discretion, a payment for a low cost or uncomplicated

move may be based on a single bid or estimate.

Fixed Payment in Lieu of a Payment for

Actual

Reasonable Moving and

Related Expenses

The option to claim a fixed payment enables both for-profit and non-profit businesses

to receive relocation assistance compensation without providing documentation of

bids and actual expenses. The payment amount available to any individual business is

based on an average of annual net earnings over a two year period. For businesses

which have not been in operation for two years, income figures can be annualized.

The method for establishing income is through tax returns andlor certified fmancial

statements. The payment to an eligible business may not be less than $1,000, nor

more than $20,000.

To qualify for this payment, it must be determined that, a displaced business:

• owns or rents personal property, which must be moved in connection with

such displacement and for which an expense would be incurred in such move;

• is not operated at the displacement site solely for the purpose of renting the

dwelling or site to others;

• cannot be a part of a commercial enterprise having at least three other

establishments which are not being acquired by the Developer, and which is

under the same ownership and engaged in the same or similar business activities;

• must not be able to relocate without substantial loss of patronage; and

• contributed materially, as defined by the Developer, to· the income of the

displaced person during the two taxable years prior to displacement.

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K. PAYlVIENTOF RELOCATION BENEFITS

Relocation benefit payments will be made expeditiously. Claims and supporting

documentation for relocation benefits must be filed with the Developer within 18 months

from the date the claimant moves from the displacement property. Procedures for preparing

and filing of claims and processing and delivering of payments are included as Attachment

No household will be displaced until "comparable" housing is located as defined above.

Relocation staff will inspect any replacement units to which referrals are made to verify that

they meet all the standards of decent, safe, and sanitary as defined in Section 24.2 (a) (8) of

the Uniform Act. No household will be entitled to a rental assistance or replacement housing

payment if it chooses to move to a replacement unit which does not meet the standards of

decent, safe, and sanitary housing.

EVICTION POlICY

The Developer recognizes that eviction is permissible only as a last resort and that relocation

records must be documented to reflect the specific circumstances surrounding any eviction.

1. Eviction will cause the forfeiture of a displacee's right to relocation assistance

or benefits. Relocation records will be documented to reflect the specific

circumstances surrounding any eviction action.

2. Eviction may be undertaken for one, or more of the following reasons:

(a) Failure to pay rent, except in those cases where the failure to pay is

due to the owner's failure to keep the premises in habitable condition;

is the result of harassment or retaliatory action; or, is the result of

discontinuation, or a substantial interruption of services;

(b) Performance of a dangerous, and/or illegal act in the unit;

notification to correct said breach within 30 days of Notice;

(d) Maintenance of a nuisance, and failure to abate such nuisance upon

notification within a reasonable time following Notice;

(e) Refusal to accept one of a reasonable number of offers ofreplacement

dwelling'); and/or,

(f)

A requirement under State, or local law or emergency circumstances

that cannot be prevented by reasonable efforts on the part of the

Developer.

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M. APPEALS POLICY

The appeals policy will follow the standards described in section 24.10 of the Uniform Act.

Briefly stated, the displaced household will have the right to ask for review when there is a

complaint regarding any of its rights to relocation and relocation assistance, such as a

determination as to eligibility, the amount of payment, or the failure to provide a comparable

replacement housing referral. See Attachment 7 for complete Appeals Procedures.

N. IMMIGRATION STATUS

Federal legislation

(Pl.l

05-117) prohibits the payment of relocation assistance benefits under

the Uniform Act to any alien not lawfully present in the United States unless such

ineligibility would result in an exceptional and extremely unusual hardship to the alien's

spouse, parent, or child any of whom is a citizen or an alien admitted for permanent

residence. Exceptional and extremely unusual hardship is defmed as significant and

demonstrable adverse impact on the health or safety, continued existence of the family unit,

and any other impact determined by the Developer to negatively affect the alien's spouse,

parent or child.

In order to track and account for relocation assistance and benefit payments, relocation staff

will be required to seek immigration status information from each disp lacee by having them

self-certify as to their legal status.

If 104(d) rules apply to a household, based on the procurement of HOME funds for the

proposed Project, legal presence in the United States is not required in order to receive

eligible relocation assistance and benefits.

O. PROJECTED DATES OF DISPLACEMENT

All displaced .occupants will receive a 120 day notice to vacate before they are required to

move. The earliest these notices are expected to be issued is July 2009.

P. ESTIMATED RELOCATION COSTS

The estimate of total relocation assistance payments for seven permanently displaced

households,six temporarily displaced households, one not surveyed household and four

businesses is $545,290. Total moving expenses are estimated based on fixed room count for

14 residential households at $14,275. Total relocation CQslsincluding a 10% cQnting(,:ncyare

$615,550.

This estimated relocation budget does not include relocation administrative services or

provision for any other services necessary for the implementation of the Plan and Project.

Overland. Pacific

Cutler. Inc. 18

RELOCATION PLAN FOR TIiE BROADWAY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

Attachment 1:

Attachment 2:

Attachment 3:

Attachment 4:

Attachment 5:

Attachment 6:

Attachment 7:

Attachment 8:

TABLE OF ATTACHMENTS

Project Site Map

HCD Income Category Limits for Los Angeles County

Residential Informational Brochure - Uniform Act

Residential Informational Brochure - Section 104(d)

Commercia] Informational Brochure

Relocation Payment Policy Regarding Procedures for Payment of

Relocation Claims

CRA Appeals Policy

Public Review and Comments

Overland. Pacific

Cutler, Inc. 19

required by this Resolution pursuant to said Sections 33334.2 and 33334.6 shall constitute an

obligation and indebtedness of the CRA/LA for the Bunker Hill Replacement Housing Fund to

the extent of providing for the development as generally described in Section 2.

2. The City Council and the CRA/LA hereby find, determine and resolve that

the use of Bunker Hill Replacement Housing Funds outside of the Bunker Hill Redevelopment

Project area as described in this Resolution is of benefit to the Bunker Hill Redevelopment

Project Area, and that the expenditure of these funds for this purpose'will assist in achieving the

redevelopment goals of the Bunker Hill Redevelopment Project to provide high and medium

density housing close to employment and availableto all ethnic and social groups, and to make

an appropriate share of the City's low- and moderate-income housing available to residents of

the area; and that this expenditure of funds is consistent with the Five Year Implementation Plan

for the Redevelopment Project.

3. The City Council of the City of Los Angeles and the CRA/LA do hereby

commit upto $2,000,000 of Bunker Hill Replacement Housing Funds to the CD9 Project Area.

4. Such funds shall be held in the Council District Nine Corridors South of

the Santa Monica Freeway Recovery Redevelopment Project Area Low and Moderate Income

Housing Fund until expended by the CRA/LA to provide financial assistance for the

development of the 36th Street and Broadway Apartments located at 157 East 36TH Street and

4775 South Broadway in or near the CD9 ProjectArea.

5. The CRA/LA's Chief Executive Officer or designee is hereby authorized to

retain or pay all interest income earned on this appropriation into the Council District Nine

Corridors South of the Santa Monica Freeway Recovery Redevelopment Project Area Low and

Moderate Income Housing Fund. The Chief Executive Officer or designee is further authorized

to pay all other income, loan repayments, sale proceeds or revenues received by the CRA/LA

arising from the expenditure of the funds appropriated by this resolution, into the Council District

9 Corridors South of the Santa Monica Freeway Recovery Redevelopment Project Area Low

and Moderate Income Housing Fund.

PASSED AND ADOPTED THIS _ DAY OF JUNE, 2009.

I hereby certify that the foregoing Resolutions were adopted by the City Council of the City of

Los Angeles, California, at its regular meeting held ,2009.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City

of Los Angeles on this ,2009.

(

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF'lOS ANGELES, CALIFORNIA

ATTACHMENT F

THE LOS ANGELES CITY COUNCIL AND

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CA

RESOLUTION NO. _-..,._

A RESOLUTION OF THE COMMUNITY. REDEVELOPMENT

AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA AND

OF THE CITY COUNCIL OF THE CITY OF LOS ANGELES

TRANSFERING $2,000,000 FROM THE BUNKER

REPLACEMENT HOUSING FUND INTO THE COUNCIL

DISTRICT NINE CORRIDORS SOUTH OF THE SANTA MONICA

FREEWAY RECOVERY REDEVELOPMENT PROJECT AREA

LOW AND MODERATE INCOME HOUSING FUND TO

PROVIDE FINANCIAL ASSISTANCE FOR THE DEVELOPMENT

OF AFFORDABLE HOUSING LOCATED AT 157 EAST 36TH

STREET AND 4775 SOUTH BROADWAY OUTSIDE OF THE

BUNKER HILL REDEVELOPMENT PROJECT AREA AND

MAKING THE FINDING THAT THE DEVELOPMENT OF THIS

PROPOSED AFFORDABLE HOUSING PROJECT IS OF

BENEFIT TO THE BUNKER HILL REDEVELOPI\IIENT PROJECT

AREA

WHEREAS, the CRNLA desires to provide for a 3:1 replacement of units lost in

the Bunker Hill Project Area during the life of the project area; and

WHEREAS, the CRNLA adopted the Bunker Hill Redevelopment Project Area on

March 31, 1959 by Ordinance No. 113231, subsequently amended on January 12, 1968, by

Ordinance No. 135900 and on June 25, 1970 by Ordinance No. 140662 (referred to collectively

as the "Bunker Hill Redevelopment Plan"); and

WHEREAS, the CRNLA has established the Bunker Hill Replacement Housing

Fund into which funds may be appropriated and expended by the CRNLA to develop dwelling

units for very low-, low-, and moderate-income persons; and

WHEREAS, the CRNLA has established the Council District Nine Corridors

South of the Santa Monica Freeway Recovery Redevelopment Project Area Low and Moderate

Income Housing Fund into which funds may be appropriated and expended by the CRNLA to

develop dwelling units for low and moderate income families within said Project Area.

NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS

ANGELES, CALIFORNIA, AND THE CITY COUNCIL OF THE CITY OF LOS ANGELES,

CALIFORNIA DO HEREBY RESOLVE AS FOLLOWS:

1. By adopting this resolution, the City Council and the CRNLA hereby find

that the housing described in this Resolution to be located in and near the Council District Nine

Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project Area is of

benefit to the Bunker Hill Redevelopment Project Area in conformity with the legal requirements

of Health & Safety Code Sections 33334.2, 33334.6 and 33413 to the extent set forth herein.

The payment of funds into the Council District Nine Corridors South Of The Santa Monica

Freeway Recovery Redevelopment Project Area Low and Moderate Income Housing Fund as

District Nine Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project

Area Low and Moderate Income Housing Fund as required by this Resolution pursuant to said

Sections 33334.2 and 33334.6 shall constitute an obligation and indebtedness of the CRA/LA

for the Council District 9 Corridors South Of The Santa Monica Freeway Recovery

Redevelopment Project Area Low and Moderate Income Housing Fund to the extent of

providing for the development as generally described in Section 2.

2. The City Council and the CRA/LA hereby find, determine and resolve that

the use of Council District Nine Corridors South Of The Santa Monica Freeway Recovery

Redevelopment Project Area Low and Moderate Income Housing Funds outside of the Council

District Nine Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project

Area as described in this Resolution is of benefit to the Council District Nine Corridors South Of

The Santa Monica Freeway Recovery Redevelopment Project Area, and that the expenditure of

these funds for this purpose will assist in achieving the redevelopment goals of the Council

District Nine Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project

Area to provide housing for all income levels to be provided along with the preservation of

existing single family housing stock and to make an appropriate share of the City's low- and

moderate-income housing available to residents of the area; and that this expenditure of funds

is consistent with the Five Year Implementation Plan for the Redevelopment Project.

3. The City Council of the City of Los Angeles and the CRA/LA do hereby

commit up to $2,450,000 of Council District Nine Corridors South Of The Santa Monica

Freeway Recovery Redevelopment Project Area.

4. Such funds shall be held in the Council District Nine Corridors South Of

The Santa Monica Freeway Recovery Redevelopment Project Area Low and Moderate Income

Housing Fund until expended by the CRA/LA to provide financial assistance for the

development of the 36th Street and Broadway Apartments located at 157 East 36TH Street and

4775 South Broadway in and near the CD9 Project Area.

5. The CRA/LA's Chief Executive Officer or designee is hereby authorized

to retain or pay all interest income earned on this appropriation into the Council District Nine

Corridors South of the Santa Monica Freeway Recovery Redevelopment Project Area Low and

Moderate Income Housing Fund. The Chief Executive Officer or designee is further authorized

to pay all other income, loan repayments, sale proceeds or revenues received by the CRA/LA

arising from the expenditure of the funds appropriated by this resolution, into the Council

District Nine Corridors South of the Santa Monica Freeway Recovery Redevelopment Project

Area Low and Moderate Income Housing Fund.

PASSED AND ADOPTED THIS _ DAY OF JUNE, 2009.

I hereby certify that the foregoing Resolutions were adopted by the City Council of the City of

Los Angeles, California, at its regular meeting held , 2009.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City

of Los Angeles on this , 2009.

(

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA

ATTACHMENT E

THE LOS ANGELES CITY COUNCIL AND

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CA

RESOLUTION NO. _

A RESOLUTION OF THE COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA AND

OF THE CITY COUNCIL OF THE CITY OF LOS ANGELES

UTILIZING $2,450,000 FROM THE COUNCIL DISTRICT NINE

CORRIDORS SOUTH OF THE SANTA MONICA FREEWAY

RECOVERY REDEVELOPMENT PROJECT AREA LOW AND

MODERATE INCOME HOUSING FUND TO PROVIDE

FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF

AFFORDABLE HOUSING LOCATED AT 157 EAST 36TH

. STREET AND 4775 SOUTH BROADWAY OUTSIDE OF THE

BUNKER HILL REDEVELOPMENT PROJECT AREA AND

MAKING THE FINDING THAT THE DEVELOPMENT OF THIS

PROPOSED AFFORDABLE HOUSING PROJECT IS OF

BENEFIT TO THE COUNCIL DISTRICT NINE CORRIDORS

SOUTH OF THE SANTA MONICA FREEWAY RECOVERY

REDEVELOPMENT PROJECT AREA

WHEREAS, the CRA/LA desires to provide for creation of dwelling 'units

restricted to low and moderate income families during the existence of the Council District Nine

Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project Area ("CD9

Project Areal!) implementation; and

WHEREAS, the CRA/LA adopted the Council District Nine Corridors South Of

The Santa Monica Freeway Recovery Redevelopment Project Area on December 13, 1995 by

Ordinance No. 170.807; and

WHEREAS, the CRA/LA has established the Council District Nine Corridors

South Of The Santa Monica Freeway Recovery Redevelopment Low and Moderate Income

Housing Fund from which funds may be appropriated and expended by the CRA/LA to develop

dwelling units for very low-, low-, and moderate-income persons; and

WHEREAS, the affordable housing project located at 36th Street and Broadway

Apartments located at 157 East 36TH Street and 4775 South Broadway will provide very low

income housing targeted to special needs Transitional Aged Youth; and

NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS

ANGELES, CALIFORNIA, AND THE CITY COUNCIL OF THE CITY OF LOS ANGELES,

CALIFORNIA DO HEREBY RESOLVE AS FOLLOWS:

....

...•

1. By adopting this resolution,the City Council and the CRA/LA hereby find

that the housing described in this Resolution to be located near the Council District Nine

Corridors South Of The Santa Monica Freeway Recovery Redevelopment Project Area is of

benefit to the Council District Nine Corridors South Of The Santa Monica Freeway Recovery

Redevelopment Project Area in conformity with the legal requirements of Health & Safety Code

Sections 33334.2, 33334.6 and 33413 to the extent set forth herein. The use of the Council

2. The CRA/LA hereby authorizes the Chief Executive Officer ("CEO") of the

CRA/LA, or designee, to take such actions as may be necessary in order to

subordinate the CRA/LA's Income and Rent Restrictions and Deed of Trust to the

liens of the lenders providing financing for the Rental Project, but only upon

receipt by the CEO or designee of written commitments from such lenders,

reasonably designated to protect the CRA/LA's investment in the event of

default, including but not limited to the following:

right of the CRA/LA to cure a default on the loan;

b) A right of the CRA/LA to negotiate with the lender after the notice of default

from the lender;

c) An agreement that if prior to foreclosure of the loan, the CRA/LA takes title to

the property and cures the default on the loan, the lender will not exercise

any right it may have to accelerate the loan by reason of transfer of title to the

CRA/LA;

d) A right of the CRA/LA to purchase the property from the Developer at any

time after default on the loan.

ADOPTED: __

r ("

(

THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF LOS ANGELES, CALIFORNIA

Attachment D

SUBORDINATION RESOLUTION

RESOLUTION NO. __

A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY

OF THE CITY OF LOS ANGELES, CALIFORNIA REGARDING THE

SUBORDINATION OF ITS USE RESTRICTIONS AND DEED OF

TRUST PURSUANT TO SECTION 33334.14 OF THE COMMUNITY

REDEVELOPMENT LAW FOR THE 36TH STREET AND BROADWAY

APARTMENTS PROJECT.

WHEREAS, the Community Redevelopment Agency of the City of Los Angeles,

California ("CRA/LA") proposes to enter into a Loan Agreement with 36th Street and

Broadway Apartments, L.P., a California limited partnership to which the CRA/LA will

provide financial assistance to the Developer for the purposes of developing housing

that is affordable to very low-, low-, and moderate-income persons or families or

households (the "Rental Project"); and

WHEREAS, the Loan Agreement requires covenants to be recorded against the

Rental Project restricting the use of the Project by placing certain limits on the maximum

rents that can be charged, and the maximum income that can be earned by tenants

qualified to rent such housing (the "Income and Rent Restrictions"); and "

WHEREAS, the Loan Agreement requires that a Deed of Trust be recorded

against the Rental Project as security for the CRA/LA Loan; and

WHEREAS, the Developer has obtained commitments of financing from a lender

conditioned upon the subordination of the CRA/LA's Income and Rent Restrictions and

Deed of Trust;

-and

WHEREAS, there has been presented to the CRA/LA evidence sufficient on

which to find an economically feasible alternative method of financing the Rental Project

on substantially comparable terms and conditions, but without subordination, is not

reasonably available.

NOW, THEREFORE, THE COMMUNITY REDEVELOPMENT AGENCY

OF THE CITY OF LOS ANGELES, CALIFORNIA, AND THE CITY

COUNCIL OF THE CITY OF LOS ANGELES, CALIFORNIA 00

HEREBY RESOLVE AS FOLLOWS:

1. The CRA/LA hereby finds that an economically feasible alternative method of

financing the Rental Project on substantially comparable terms and conditions,

but without subordination, is not reasonably available.

RELOCA TlON P LAN FOR TIlE BROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

ATTACHMENT 8:

PUBLIC REVIEW AND COMMENTS

Overland. Pacific &Cutler, Inc. 36

(

RELOCA nON P LAN FOR THE BROADWAY APARTMENlS PROJECT - Los ANGELES, CALIFORNIA

Overland, Pacific

Cutler, Inc.

ATTACHMENT 7:

CRA APPEALS POLICY

RELOCATION PLAN FOR THE BROADWAY APAR1MENTS PROJECT-Los ANGELES, CALIFORNIA

ATTACHMENT 6:

RELOCA nON PAYMENT POLICY REGARDING PROCEDURFS

FOR PAYMENT OF RELOCAnON CLAIMS

Claims and supporting documentation for relocation benefits must be filed with the

Developer within 18 months from the date the claimant moves from the acquired property.

The procedure for the preparation and filing of claims and the processing and delivery of

payments will be as follows:

1. Claimant(s) will provide all necessary documentation to substantiate eligibility for

assistance.

2. Assistance amounts will be determined in accordance with the provisions of the

Uniform Act.

3. Required claim forms will be prepared by relocation personnel in conjunction with

claimant(s). Signed claims and supporting documentation will be submitted by

relocation personnel to the Developer.

4. The Developer will review and approve claims for payment or request additional

information.

5. The Developer will issue benefit checks which will be delivered to the Claimants by

relocation staff, unless circumstances dictate otherwise.

6. Final payments will be issued after confirmation that the Project area premises have

been completely vacated and actual residency at replacement unit is verified.

7. Receipts ofpayment will be obtained and maintained in the relocation case file.

Overland, Pacific

Cutler, Inc. 34

(

RELOCA nON P LAN FOR TI-!EBROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

ATTACHMENTS:

COMMERCIAL INFORMA nONAL BROCHURE

Overland, Pacific

Cutler, Inc.

(

RELOCATION PLAN FOR TIlE BROADW AyAp AR TMENTS PROIECT - Los ANGELES, CALIFORNIA

IX.

TAX STATUS OF RELOCATION

BENEFITS

Relocation benefit payments are not considered as income for the purpose of the Internal

Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section

17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax

law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation

Code.

:x.

ADDITIONAL INFORMATION AND ASS ISTANCE AVAILABLE

Those responsible for providing you with relocation assistance hope to assist you in every

way possible to minimize the hardships involved in relocating

a new home. Your

cooperation will be helpful and greatly appreciated. If you have any questions at any time

during the process, please do not hesitate to contact your relocation representative.

Overland, Pacific &Cutler, Inc. 32

RELOCA TlON P LAN FOR WE BROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

1. The date you move from the displacement dwelling; or

2. The date the Developer fulfills its obligation to make available comparable

replacement dwellings.

All claims for relocation benefits must be filed with the Developer within 18 months from

the date on which you move.

VI. LAST RESORT HOUSING ASSISTANCE

If comparable replacement dwellings are not available when you are required to move, or if

replacement housing is not available within the monetary limits described above, the

Developer will provide Last Resort housing assistance to enable you to rent or purchase a

replacement dwelling on a timely basis. Last Resort housing assistance is based on the

individual circumstances of the displaced person. Your relocation representative will explain

the process for determining whether or not you qualify for Last Resort assistance.

If you are a tenant, and you choose to purchase rather than rent a comparable replacement

dwelling, the entire amount of your rental assistance and last resort eligibility must be

applied toward the down-payment of the home you intend to purchase.

VII EVICTION

Eviction for cause must conform to applicable State and local law. Any person who occupies

the real property and is not in unlawful occupancy on the date of initiation of negotiations, is

presumed to be entitled to relocation benefits, unless the Developer determines that:

• The person received an eviction notice prior to the initiation of negotiations and, as a

result, was later evicted; or

• The person is evicted after the initiation of negotiations for serious or repeated

violation of material terms of the lease; and

• In either case, the eviction was not undertaken for the purpose of evading relocation

assistance regulations.

If evicted for cause, a displacee will forfeit any relocation benefits to which they may have

been entitled.

VIII APPEAL PROCEDURES - GRIEVANCE

Any person aggrieved by a determination as to eligibility for a relocation payment, or the

amount of a payment, may have his/her claim reviewed or reconsidered in accordance with

the Developer's appeals procedure. Complete details on appeal procedures are available upon

request from the Developer.

Overland, Pacific

Cutler, Inc. 31

(

RELOCATION PLAN FOR TIlE BROADWAY APARTMENTS PROlECT-LosANGELES, CALIFORNIA

If you select a fixed payment, you will be responsible for arranging for your own

move and the Developer will assume no liability for any loss or damage of your

personal property ..

B. Actual Moving Expense (Professional Move)

you wish to engage the services of a licensed commercial mover and have the

Developer pay the bill, you may claim the ACTUAL cost of moving your personal

property

to 50 miles. Your relocation representative will inform you of the number

of competitive moving bids (if any) which may be required, and assist .you in

developing a scope of services for the Developer's approval.

IV. REPLACEMENT HOUSING PAYMENT

Tenants and homeowner-occupants may be eligible for a payment

to $5,250 to assist in

renting or purchasing a comparable replacement dwelling.

A. Rental Assistance. If you wish to rent your replacement dwelling, under section

104(d) guidelines, your rental assistance benefits will be based upon the difference

over a sixty (60) month period between the rent you must pay for a comparable

replacement dwelling and your Total Tenant Payment (TIP). The TIP isthe amount

a tenant is expected to contribute towards the monthly rent.

is the highest of: I}

30% ofa family's adjusted monthly income; or 2} 10% of the family's monthly gross

income; or 3) a designated allowance under certain welfare programs. You will be

required to provide your relocation representative with monthly rent and household

income verification prior to the determination of your eligibility for this payment.

You are also eligible for assistance in paying a security deposit

your replacement

home, if applicable, and a credit check fee associated with securing your replacement

dwelling. -OR-

B. Down-payment Assistance. If you qualify, and wish to purchase a home as a

replacement dwelling, you can apply

to the total amount of your rental assistance

payment towards the down-payment and non-recurring incidental expenses to secure

a mutual housing unit or cooperative housing unit.

you wish to purchase a house

that is not mutual housing or cooperative housing, your purchase assistance would be

provided under URA guidelines an amount that may be less than the section 104(d}

amount. Your relocation representative will clarify procedures necessary to apply for

this pay ment.

V. QUAIJF1CATION FORAND FILING OF RELOCATION CLAIMS

To qualify for a Replacement Housing Payment,you must rent or purchase and occupy a

comparable replacement unit within one year from the later ofthe following:

Overland, Pacific

Cutler, Inc. 30

RELOCATION PLAN FOR THEBROAOWAYApAR1MENTS PROJECT-Los ANGELES, CALIFORNIA

IT. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING

The Developer, through its representatives, will assist you in locating a comparable

replacement dwelling by providing referrals to appropriate and available housing

units. You are encouraged to actively seek such housing yourself.

When a suitable replacement dwelling unit has been found, your relocation consultant

will carry out an inspection and advise you as to whether the dwelling unit meets

decent, safe and sanitary housing requirements. A decent, safe and sanitary housing

unit provides adequate space for its occupants, proper weatherproofing and sound

heating, electrical and plumbing systems. Your new dwelling must pass inspection

before relocation assistance payments can be authorized.

ITl. MOVING BENEFITS

If you must move as a result of displacement by the Developer, you will receive a

payment to assist in moving your personal property. The actual, reasonable and

necessary expenses for moving your household belongings may be determined based

on one, or a combination of the following methods:

A Fixed Moving Payment (Self Move)

A Fixed Moving Payment is based upon the number of rooms you occupy and

whether or not you own your own furniture. The payment is based upon a schedule

approved by the Developer, and ranges, for example, from $400 for one furnished

room to $2,150 for eight rooms in an unfurnished dwelling. Your relocation

representative will inform you of the amount you are eligible to receive if you choose

this type ofpayment.

Occu pan towns furni tu re 1 room $400.00

Occupant does NOT own furniture

1 room $625.00

2 rooms $800.00 each additional room $65.00

3 rooms $1,000.00

4 rooms $1,175.00

5 rooms $1,425.00

6 rooms $1,650.00

7 rooms $1,900.00

8 rooms $2,150.00

each additional room $225.00

Overland, Pacific

Cutler; Inc.

(

RELOCATION PLAN FOR THE BROADWAY APARTMENTS PROJECT-Los ANGELES, CALIFORNIA

ATTACHMENT 4:

RESIDENTIAL INFORMA DONAL BROCHURE- (104(D))

I. GENERAL INFORMATION

II. ASSI STANCE IN LOCATING A REPLACEMENT DWELLING

III. MOVING BENEFIT S

IV. REPLACEMENT HOUSING PAYMENT -TENANTS AND CERTAIN afHERS

V. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS

VI. LAST RESORT HOUSING ASS! STANCE

VII. EVICTION

VIII. APPEALPROCEDURES- GRIEVANCE

IX. TAX STATUS OF RELOCATION BENEFITS

X. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE

I. GENERAL INFORMATION

The building in which you now live is in an area to be improved by Coalition for

Responsible Development (Developer). As the project schedule proceeds, it

will

necessary for you to move from your dwelling. You will be notified in a timely

manner as to the date by which you must move.

Please read this information as it will be helpful to you in determining your eligibility

and the amount of your relocation benefits under the federal and/or state law. We

suggest you save this informational statement for reference.

CORE has retained the services of Overland, Pacific

Cutler, Inc., a qualified

professional relocation firm, to assist you. The firm is available to explain the

program and benefits. Their address and telephone number is:

100 W. Broadway, Suite 500

Long Beach, CA 90802

Telephone: (562) 304-2000

Spanish speaking representatives are available. Si necesita esta informacion en

Espafiol, por favor Harne a so representante.

PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO

VACATE YOUR DWELLING. However, if you desire to move .sooner than

required, you must contact your representative with Overland, Pacific

Cutler, Inc.,

so you will not jeopardize any benefits. This is a general informational brochure only,

and is not intended to give a detailed description of either the law or regulations

pertaining to the Developer's relocation assistance program.

Please continue to pay your rent to your current landlord, otherwise you may be

evicted and jeopardize the relocation benefits to which you may be entitled to

receive.

Overland, Pacific &Cutler, Inc. 28

RELOCATION P LAN FOR TIlE BROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

IX.

APPEALPROCEDURES - GRIEVANCE

Any person aggrieved by a determination as to eligibility for a relocation payment, or the

amount of a payment, may have his/her claim reviewed or reconsidered in accordance with

the Developer's appeals procedure. Complete details on appeal procedures are available upon

request from the Developer.

X TAXSTATUSOFRELOCATIONBENEmITS

Relocation benefit payments are not considered as income for the purpose of the Internal

Revenue Code of 1986 or the Personal Income Tax Law, Part 10 (commencing with Section

17001) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax

law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation

Code.

Xl LAWFUL PRESENCE REQUIREMENT

Federal legislation (PU 05-117) prohibits the payment of relocation assistance benefits under

the Uniform Act to any alien not lawfully present in the United States unless such

ineligibility would result in an exceptional and extremely unusual hardship to the alien's

spouse, parent, or child any of whom is a citizen or an alien admitted for permanent

residence. Exceptional and extremely unusual hardship is defmed as significant and

demonstrable adverse impact on the health or safety, continued existence of the family unit,

and any other impact determined by the Developer to negatively affect the alien's spouse,

parent or child. In federal projects, any member of the household who is not lawfully present

in the United States or declines to provide this information may be denied relocation benefits.

Relocation benefits will be prorated to reflect the number of household members with

certified lawful presence in the US.

XIL

ADDITIONAL INFORMATION AND ASSISTANCEAV AILABLE

Those responsible for providing you with relocation assistance hope to assist you in every

way possible to minimize the hardships involved in relocating to a new home. Your

cooperation

will

be helpful and greatly appreciated. If you have any questions at any time

during the process, please do not hesitate to contact your relocation representative.

Overland, Pacific &Cutler, Inc. 27

(

RELOCATION PLAN FOR TIlE BROADWAY APARTMENTS PROJECT-LOSANGELFS, CALIFORNIA

VII. LAST RESORT HOUSING ASSJSTANCE

If comparable replacement dwellings are not available when you are required to move, or if

replacement housing is not available within the monetary limits described above, the

Developer will provide Last Resort housing assistance to enable you to rent or purchase a

replacement dwelling on a timely basis. Last Resort housing assistance is based on the

individual circumstances of the displaced person. Your relocation representative will explain

the process for determining whether or not you qualify for Last Resort assistance.

If you are a tenant, and you choose to purchase rather than rent a comparable.replacement

dwelling, the entire amount of your rental assistance and last resort eligibility must be

applied toward the down-payment of the home you intend to purchase.

VIII. RENTAL AGREEMENT

As a result of the Developer's action to purchase the property where you live, you may

become a tenant of the Developer. If this occurs, you will be asked to signa rental agreement

which will specify the monthly rent to be paid, when rent payments are due, where they are

to be paid and other pertinent information.

Except for the causes of eviction set forth below, no person lawfully occupying property to

be purchased by the Developer will be required to move without having been provided with

at least 90 days written notice from the Developer. Eviction will be undertaken only in the

event of one or more of the following infractions:

A. Failure to pay rent; except in those cases where the failure to pay is due to the

lessor's failure to keep the premises in habitable condition; is the result of

harassment or retaliatory action or is the result of discontinuation or substantial

interruption of services;

B. Performance of dangerous illegal act inthe unit;

C. Material breach of the rental agreement and failure to correct breach within 30

days of notice;

D. Maintenance of a nuisance and failure to abate within a reasonable time following

notice;

E. Refusal to accept one of a reasonable number of offers of replacement dwellings;

F. The eviction is required by State or local law and cannot be prevented by

reasonable efforts on the part of the public entity .

Overland, Pacific

Cutler, Inc.

RELOCATION P LAN FOR THE BROADW AY

APARTMENTS

PROJECT - Los ANGELES, CALIFORNIA

1. Purchase Price Differential - An amount which, when added to the

amount for which the Developer purchased your property, equals the lesser

of the actual cost of your replacement dwelling; or the amount determined

by the Developer as necessary to purchase a comparable replacement

dwelling. Your relocation representative will explain both methods toyou.

2. Mortgage Interest Differential - The amount which covers the increased

interest costs, if any, required to finance a replacement dwelling. Your

relocation representative will explain limiting conditions.

3. Incidental Expenses - Those one time costs incidental to purchasing a

replacement unit, such as escrow fees, recording fees, and credit report

fees. Recurring expenses such as prepaid taxes and insurance premiums

are not compensable.

B. Rental Assistance Option - .If you are an owner-occupant and choose to rent

rather than purchase a replacement dwelling, you may be eligible for a rental

assistance payment in an amount not to exceed the calculated price differential

payment. The payment will be based on the difference between the fair market

.rent of the dwelling you occupy and the rent you must pay for a comparable

replacement dwell ing.

If you receive a rental assistance payment, as described above, and later decide to

purchase a replacement dwelling, you may apply for a payment equal to the

amount you would have received if you' had initially purchased a comparable

replacement dwelling, less the amount you have already received as a rental

assistance payment.

VI. QUAIJFICATION FORAND FILING OF RELOCATION CLAIMS

To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a

comparable replacement unit within one year from the later of the following:

1. For a tenant, the date you move from the displacement dwelling

2. For an owner-occupant, the date you receive [mal payment for the

displacement dwelling, or, in the case of condemnation, the date the full

amount of estimated just compensation is deposited in court, or

3. The date the Developer fulfills its obligation to make available comparable

replacement dwellings.

All claims for relocation benefits must be filed with the Developer within 18 months from

the date on which you receive final payment for your property, or the date, on which you

move, whichever is later.

Overland, Pacific

Cutler, Inc. 25

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RELOCATION P LAN FOR TIlE BROADW AY APARTMENTS PROJECT - Los ANGELES, CALIFORNIA

If you select a fixed payment, you will be responsible for arranging for your own

move and the Developer will assume no liability for any loss or damage of your

personal property.

B. Actual Moving Expense (Professional Move)

If you wish to engage the services of a licensed commercial mover and have the

Developer pay the bill, you may claim the ACTUAL cost of moving your personal

property

to 50 miles. Your relocation representative will inform you of the number

of competitive moving bids (if any) which may be required, and assist you in

developing a scope of services for the Developer's approval.

IV. REPLACEMENTHOUSING PAYMENT- TENANlS AND CERTAIN OmERS

You may be eligible for a payment of

to $5,250 to assist you in renting or purchasing a

comparable replacement dwelling.

A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling,

your rental assistance benefits will be based upon the difference over a 42 month

period between the rent you must pay for a comparable replacement dwelling and

the lesser of your current rent or 30% of your gross monthly household income if

the amount is classified as "low income" by the U. S. Department of Housing and

Urban Development's (HUD) Annual Survey of Income Limits for the Public

Housing and Section 8 Programs. You will be required to provide your relocation

representative with monthly rent and household income verification prior to the

determination of your eligibility for this payment.

OR-

B. Down-payment Assistance. If you qualify, and wish to purchase a home as a

replacement dwelling, you can apply

to the total amount of your rental

assistance payment towards the down-payment and non-recurring incidental

expenses. Your relocation representative will clarify procedures necessary to

apply for this payment.

REPLACEMENT HOUSING PAYMENT - HOMEOWNERS

A. If you owned and occupied a dwelling purchased by the Developer for at least 180

days prior to the first offer to purchase, you may be eligible to receive a payment

of up to $22,500 to assist you in purchasing a comparable replacement unit. If you

owned and occupied the displacement dwelling for at least 90 days but not more

than 180 days immediately prior to the date of the Developer's offer to purchase,

you may be eligible for a payment of up to $5,250. This payment is intended to

cover the following items:

Overland, Pacific &Cutler, Inc.

RELOCATION PLAN FOR TI-lE BROADWAY APAR1MEN1S PROJECT- Los ANGELES, CALIFORNIA

IT. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING

The Developer, through its representatives, will assist you in locating a comparable

replacement dwelling by providing referrals to appropriate and available housing units. You

are encouraged to actively seek such housing yourself.

When a suitable replacement dwelling unit has been found, your relocation consultant will

carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and

sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate

space for its occupants, proper weatherproofing and sound heating, electrical and plumbing

systems. Your new dwelling must pass inspection before relocation assistance payments can

be authorized.

ITI. MOVING

BENEFITS

If you must move as a result of displacement by the Developer, you will receive

payment to

assist in moving your personal property. There are two types of moving payments. You have

the option of selecting either one of the foIIowing typ es of moving pay ments:

A. Fixed Moving Payment

A Fixed Moving Payment is based upon the number of rooms you occupy and

whether or not you own your own furniture. The payment is based upon a schedule

approved by the Developer, and ranges, for example, from $400 for one furnished

room to $2,150 for eight rooms in an unfurnished dwelling. (For details see the table

below). Your relocation representative will inform you of the amount you are eligible

to receive if you choose this type of payment.

Occupant owns furniture Occupant does NOT own furniture

1room $625.00 1 room $400.00

2 rooms $800.00

3 rooms $1,000.00

4 rooms $1,175.00

5 rooms $1,425.00

6 rooms $1,650.00

7 rooms $1,900.00

8 rooms $2,150.00

each additional room $225.00

Overland, Pacific &Cutler, Inc.

each additional room $65.00

(

RELOCATION PLAN FOR THE BROADWAY APAR1MENTS PROIECT-LOSANGELES, CALIFORNIA

ATTACHMENT 3:

RESIDENTIAL INFORMA TIONAL BROCHURE- URA

I. GENERAL INFORMATION

II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING

III. MOVING BENEFITS

IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS

V. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS

VI. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS

VII. LAST RESORT HOUSING ASSISTANCE

VIII. RENTAL AGREEMENT

IX. APPEAL PROCEDURES - GRIEVANCE

X. TAX STATUS OF RELOCATION BENEFITS

XI. LEGAL PRESENCE REQ UIREMENT

XII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE

1 GENERAL INFORMATION

The building in which you now live is in an area to be improved by Coalition for Responsible

Development (Developer). As the project schedule proceeds, it may be necessary for you to

move from your dwelling. If you are required to relocate, you will be notified in a timely

manner as to the date by which you must move.

Please read this information as it will be helpful to you in determining your eligibility and the

amount of your relocation benefits under the federal andlor state law. We suggest you save

this informational statement for reference.

The Developer has retained the services of Overland, Pacific

Cutler, Inc., a qualified

professional relocation firm, to assist you. The firm is available to explain the program and

benefits. Their address and telephone number is:

100 W. Broadway, Suite 500

Long Beach, CA 90802

(562) 304-2000

Spanish speaking representatives are available. Si necesita esta informacion en Espafiol,

por favor Harne a su representante.

PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT ANOTICETO VACATE

YOUR DWELLING. However, if you desire to move sooner than required, you must

contact your representative with Overland, Pacific

Cutler, Inc. so you will not jeopardize

any benefits. This is a general informational brochure only, and is not intended to give a

detailed description of either the law or regulations

pertaining.to

the Developer's

rektcatioll

assistance program.

Overland. Pacific &Cutler, Inc.

RELOCATION P LAN FOR THE BROADW AY APARlMENTS PROJECT - Los ANGELES, CALIFORNIA

ATTACHMENT 2:

R un ANNUAL INCOME LIMI TAnONS

LOS ANGELES COUNTY

The following figures are approved by the U. S. Department of Housing and Urban

Development (H.U.D.) for use in the County of Los Angeles to define and determine

housing eligibility by income level.

15,950 26,550 42,450 ·41,900 50,300

18,200 30,300 48,500 47,800 57,400

3 Person 20,500 34,100 54,600 53,800 64,600

4 Person 22,750 37,900 60,650 59,800 ,800

5 Person 24,550 40,950 65,500 64,600 77,500

6 Person 26,400 43,950 70,350 69,400 83,300

7 Person 28,200 47,000 75,200 74,200 89,000

8 Person 30,050 50,050 80,050 78,900 94,800

Figures are per the Department of Housing and Community Development (California),

Division of Housing Policy Development,

February

28, 2008.

Overland. Pacific& Cutler. Inc. 21

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RELOCATION PLAN FOR THE BROADW AY APARTMENTS PROlECT - Los ANGELES, CALIFORNIA

ATTACHMENT 1:

PROJECT SITE MAPS

Co I

Figure 2:

Overland, Pacific

Cutler, Inc. 20

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