Subject: 18975/CNE/Rental Rehabilitation Date: Wed, 5 Dec 1990 13:16:00 -0500 RESOLUTION NO. 18975 A RESOLUTION APPROVING THE SALE BY CHATTANOOGA NEIGHBORHOOD ENTERPRISE, INC. OF VARIOUS RENTAL REHABILITATION LOAN-ASSISTED PROPERTIES TO CNE AFFORDABLE HOUSING LIMITED PARTNERSHIP AND APPROVING SUBORDINATION TO FIRST MORTGAGE OF PRIME LENDER FOR THE PURPOSE OF COMPLETING THE FINANCIAL STRUCTURE OF A LOW-INCOME HOUSING TAX CREDIT SYNDICATION DEMONSTRATION PROJECT INITIATED WITH THE ASSISTANCE OF THE TENNESSEE HOUSING DEVELOPMENT AGENCY AND THE ENTERPRISE SOCIAL INVESTMENT CORPORATION. WHEREAS, Chattanooga Neighborhood Enterprise, Inc. (hereinafter "CNE") is the owner of certain residential properties within the City of Chattanooga which it has improved using a combination of resources, and which it intends to manage as rental units for persons of limited resources; and WHEREAS, CNE has received funding from the Tennessee Housing Development Agency ("THDA") to be used as a part of a demonstration project involving the syndication of certain CNE properties as low-income rental properties qualifying for the advantages of low-income housing tax credits pursuant to the provisions of the Internal Revenue Code; and WHEREAS, the City of Chattanooga has approved loans to CNE of Rental Rehabilitation Program funds which were used to improve certain of the rental properties (the description of which and the loan amounts applied are as shown by the Deeds of Trust attached hereto as Exhibit A), which loans are forgivable over their 10-year maturity providing that the conditions of the loans are met and the properties used for residential purposes; and WHEREAS, CNE has caused an appropriate syndication structure to be formed which established CNE Affordable Housing Limited Partnership as the vehicle to properly utilize the advantages of the low-income housing tax credit allocation with Chattanooga Affordable Rental Enterprise, Inc. as its General Partner (the shareholders of which are CNE and Inner-City Development Corporation, both local housing oriented nonprofit Section 501(c)(3) corporations); and WHEREAS, the tax credit syndication structure should allow the leveraging of new sources of funds not otherwise available for the development of the project as rental units for persons of limited resources, and therefore, should result in a lower average monthly rental rates and the recycling of resources over a shorter time period allowing expansion of this and similar programs for our citizens of more limited means; and WHEREAS, the syndication structure requires the transfer of the properties described in Exhibit A from CNE to CNE Affordable Housing Limited Partnership for a minimum of 18 years to be dedicated for rental by our qualifying citizens of limited means; and WHEREAS, such transfer requires the approval of the City of Chattanooga as lender of the Rental Rehabilitation Program funds and the same approval to subordinate the security interest of the City of Chattanooga evidenced by the attached Deeds of Trust to the security interest of the prime lender for the syndication; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, as follows: (1) That the transfer from Chattanooga Neighborhood Enterprise, Inc. to CNE Affordable Housing Limited Partnership of the properties described in the Deeds of Trust attached to this Resolution as Exhibit A be and the same is hereby approved; and (2) That the security interest of the City of Chattanooga evidenced by the Deeds of Trust attached to this Resolution as Exhibit A may be subordinated for the purposes of this project to the security interest of the prime lender for the project, and the subordination thereof for the purposes of this project is hereby expressly approved, and by this Resolution the City of Chattanooga hereby waives its option to declare the amounts owing on the Rental Rehabilitation Program promissory notes due and payable because of the transfer and actions herein described and expressly approved; and (3) That the Mayor of the City of Chattanooga, be and hereby is authorized to execute such documents on behalf of the City as are necessary and appropriate to accomplish the purposes of this Resolution. ADOPTED: April 2, 1991