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HomeMy WebLinkAboutCC RES 04-016 RESOLUTION RELATING TO THE NORTHWEST QUADRANT/APACHE PLAZA REDEVELOPMENT, APPROVING A LOAN FOR PROPERTY ACQUISITION Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104472 Box: 31 Folder: RES 2004 Document: CC RES O4-016 RESOLUTION RELATING TO THE NORTHWEST QUADRANT/APACHE PLAZA REDEVELOPMENT, APPROVING A LOAN FOR PROPERTY ACQUISITION • CITY OF ST. ANTHONY VILLAGE RESOLUTION 04 - 016 A RESOLUTION RELATING TO THE NORTHWEST QUADRANT/ APACHE PLAZA REDEVELOPMENT, APPROVING A LOAN FOR PROPERTY ACQUISITION WHEREAS, funds were sought to assist the developer for the Northwest Quadrant area to acquire commercial property; and WHEREAS, to that end, Fannie Mae has approved a$3,350,000 non-revolving line of credit(the "Loan")to the City of St. Anthony Village; and WHEREAS, the terms upon which Fannie Mae is prepared to make available the Loan are set forth on the Term Sheet attached hereto. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby approves an agreement with Fannie Mae for a loan to be used to assist in acquiring commercial property in the Northwest Quadrant area. BE IT FURTHER RESOLVED, that the City Council of the City of St. Anthony hereby approves the • terms regarding said loan, as set forth on the Term Sheet attached hereto. BE IT FURTHER RESOLVED, that the Mayor of the City is hereby authorized and empowered at any time and from time to time hereafter in the name and on behalf of the City to execute, deliver and furnish to Fannie Mae all promissory notes, assignments, loan agreements,pledge agreements, and any other instruments, documents, certificates or agreements to be executed, delivered and/or furnished under or in connection with the Loan or as may now or hereafter be required by Fannie Mae to evidence and/or secure the obligations of the City to Fannie Mae under or in connection with the Loan. BE IT FURTHER RESOLVED, that the City is authorized to establish a collateral account at a financial institution on the amount of$837,500 and grant to Fannie Mae a continuing first priority security interest in and to such collateral account. Adopted this day of Ja :tt , 2004. c ayor ATTEST: City Clerk • Reviewed for Administration: City Manager Page 2 of 3 • City of St. Anthony Village, Minnesota Line of Credit October 2003 City: City of St.Anthony Village ("City") Rating of City: Long-term General Obligation Bonds Rated"Al" by Moody's Investment Services ('Moody's") on 09/18/03 Type of Financing: Non-revolving line of credit ("Loan") Loan Amount: $3,350,000 Maturity: 36 months;no advances during the final six months of the Loan. Tax Status: Taxable Use of Proceeds: The City will use the proceeds of the Loan to acquire property for the Apache Plaza/Northwest Quadrant Redevelopment. Projects Eligible For Funding: All funds will be used for costs and expenses incurred in connection with the acquisition of property in the Apache Plaza/Northwest Quadrant Redevelopment Area to be used for the development of for-sale townhomes and flats. Closing costs associated with the Loan are also eligible uses. Interest Rate: Variable interest rate based on 3 month LIBOR(as published in The ball Street Journa� + 175 basis points. The initial interest rate will be set on the closing date. Interest Rate Reset: Interest rate will be reset quarterly on the first day of each calendar quarter (January 1,April 1,July 1,and October 1). Interest Payment: Quarterly payments of interest to be paid in arrears on the first day of each calendar quarter and calculated on an actual/360 basis. • "This term sheet is provided solely as a basis for discussion and is subject to change;it should not be construed as a binding commitment,but merely presented for review and consideration.— Page 2 of 3 Principal Payment: Principal repayment will occur with the issuance of tax increment bonds on or before Spring 2007. In no event shall the repayment date of any advance exceed the maturity date of the Loan. Draw Period Expiration: Six months prior to Loan Maturity. Prepayment: Prepayment may occur at any time. Security/ Recourse: Full recourse to the City's assets. Collateral: $837,500 (25% of the Loan amount). Loan Covenants: No Fannie Mae Foundation grants,loans or investments may be used by the City to repay or facilitate the repayment of the Loan. The City will make timely payments of principal and interest. The City will obey and comply with all laws, ordinances and regulations that may adversely affect its corporate existence or that may be ordered by a court or other governmental body. The City will pay all of its debt obligations in accordance with the terms set forth in those obligations. The City will notify Fannie Mae in writing of any event of default within three days after obtaining knowledge of the event. Within thirty days of the commencement of a lawsuit that may materially impact the City, the City will notify Fannie Mae in writing of the suit. The City will provide such information as Fannie Mae map request with reasonable promptness. The City will maintain proper books and records. The City will maintain a rating of Al from Moody's for its Long-Term General Obligation debt throughout the term of this Loan. If the General Obligation rating from Moody's is reduced to A2,then the interest rate on the Loan shall be increased by 25 basis points. If the General Obligation rating from Moody's is reduced to A3, the Loan shall become due and payable. Legal Fees: All legal fees to be paid by the City at closing. Legal fees shall be paid whether or not the Loan closes. • Origination Fee: 100 basis points of the Loan amount, due and payable at closing. "This term sheet is provided solely as a basis for discussion and is subject to change;it should not be construed as a binding commitment,but merely presented for review and consideration.— Page 3 of 3 Standby Fee: The City shall pay a standby fee (the "Standby Fee") to Fannie Mae on the • "Undrawn Portion" of the Loan, which is an amount equal to the Loan less the outstanding unpaid principal balance of the promissory note evidencing the Loan at the time of calculation. The Standby Fee shall be an amount, per annum, equal to fifteen (15) basis points calculated on the Undrawn Portion, and shall be calculated each month on the Undrawn Portion and payable quarterly. Reporting Requirements: Within one hundred eighty days (180) of the end of the fiscal year, City must submit audited Financial Statements for the fiscal year. Within 30 days (30) of the date it is due, City will submit its annual tax increment financing reportrequired by the State of Minnesota. City will forward any report it receives from the developers of the property it acquires with the proceeds of the Loan within 30 days (30) of receipt thereof. • "This term sheet is provided solely as a basis for discussion and is subject to change;it should not be construed as a binding commitment,but merely presented for review and consideration.— Minnesota Partnership a 386 Wabasha Street N • Fal-InieMae Suite 1026 Saint Paul,MN 55102 651726 0900 651 726 0926(fax) October 20,2003 Michael Momson City Manager 3301 Silver Lake Road St.Anthony,Minnesota 55418-1699 Re:$3,350,000 Loan to City of St.Anthony Village Dear Mr.Momson: We are pleased to inform you that Fannie Mae has conditionally approved a $3,350,000 non-revolving line of credit (the "Loan"), the proceeds of which will be used to fund the acquisition of property pursuant to the terms of the documents evidencing the Loan. The terms upon which Fannie Mae is prepared to make available the Loan are set forth on the term sheet attached hereto. The closing of the Loan must take place on or before May 31,2004. If the closing does not occur on or before such date,the terms set forth on the term sheet may be revoked by Fannie Mae without additional notice. Upon receipt of a copy of this letter counter-signed by you,we will instruct outside counsel to prepare the necessary loan documents for this transaction. Your signature indicates you agree to pay Fannie Mae's legal fees in connection with the Loan whether or not the Loan • actually closes. Fannie Mae's obligation to enter into the Loan is subject to satisfactory completion of due diligence, full execution of the loan documents in form and substance acceptable to Fannie Mae on or before May 31,2004, and satisfaction of any conditions set forth in the attached term sheet. Additional conditions may need to be satisfied as required by Fannie Mae counsel. Please be advised that no agreement shall be binding as to Fannie Mae unless and until the parties execute a formal written agreement. We look forward to working with you. So that we may begin to prepare the necessary documentation for this transaction, kindly sign below and return the counter-signed copy of this letter within 45 days of the date hereof to the undersigned by fax (651-726-0926) and regular or overnight mail. Should you have any questions or if you would like to discuss any items set forth herein, please feel free to contact Katy Lindblad at 651-726-0919. Sincerely, Q 64WA- 4_-._ Cindy M.Holler Katy Sears Lindblad Community Development Director Community Development Manager Agreed: By: • cc: Missy Thompson Tammy Melander Stacie Kvilvang Roger Larson