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HomeMy WebLinkAboutCC RES 08-80 RESOLUTION AUTHORIZING EXTENSION OF $3,350,000 CREDIT FACILITY FROM FANNIE MAE Meeting Sheet IIIIII VIII VIII VIII VIII VIII IIII IIII 104059 Box: 31 Folder: RES 2008 Document: CC RES 08-80 RESOLUTION AUTHORIZING EXTENSION OF $3,350,000 CREDIT FACILITY FROM FANNIE MAE • ST. ANTHONY VILLAGE RESOLUTION NO. 08-080 RESOLUTION AUTHORIZING EXTENSION OF $3,350,000 CREDIT FACILITY FROM FANNIE MAE WHEREAS, on December 19, 2003, the City and the St. Anthony Housing and Redevelopment Authority ("HRA")executed a Development Agreement with Apache Redevelopment LLC, with assignment of portions of the Development Agreement to Silver Lake Homes, LLC (together, the "Developer") for redevelopment of the area now known as Silver Lake Village; and WHEREAS, according to Section 12.11 of the Development Agreement, the City and HRA agreed to obtain short term financing from Fannie Mae (the "Authority Loan") for the purpose of acquiring certain commercial properties, relocating the tenants and demolishing those properties for redevelopment; and WHEREAS, by Resolution No. 04-047, adopted June 8, 2004, the City approved entering into a loan with Fannie Mae to provide the Authority Loan; and WHEREAS, the City subsequently entered into a$3,350,000 Credit Facility with Fannie Mae on August 27, 2004 (the "Credit Facility"); and WHEREAS, on December 11, 2007 the Council adopted Resolution No. 07-081 authorizing an extension of the Credit Facility to December 12, 2008, due to delays in construction of the Phase IB Development (as defined in the Development Agreement); and WHEREAS, the Developer has granted a mortgage in favor of the HRA securing the Authority Loan (the "Mortgage"); and WHEREAS, Fannie Mae has agreed to extend the Credit Facility with principal and interest payments on the Credit Facility as follows: January 1, 2009 Interest Only April 1, 2009 Interest Only July 1, 2009 $175,000 Plus Interest October 1, 2009 200,000 Plus Interest January 1, 2010 200,000 Plus Interest April 1, 2010 200,000 Plus Interest July 1, 2010 200,000 Plus Interest October 1, 2010 200,000 Plus Interest December 1, 2010 Balance • ; and ® WHEREAS, Fannie Mae will agree to extend the Credit Facility with principal and interest payments equal to those stated above with the addition that $75,000 in principal of the outstanding amount of the Credit Facility be paid by the City upon extension of the Credit Facility; and WHEREAS, the Developer has advised the City and the HRA that it cannot make a corresponding$75,000 principal payment under the Authority Loan•until at least February 15, 2009; and WHEREAS, in consideration of the City making the required principal payment under the Credit Facility, the City is currently in negotiations with the Developer in which the City intends to specify that (i) $75,000 under the Authority Loan will be paid to the HRA on or before February 15, 2009, (ii)the Mortgage will be amended to extend it through the duration of the Credit Facility, and (iii) Developer will pay all outstanding amounts due for City, HRA and third party costs (as specified in Section 11.2(a) of the Development Agreement) on or before February 15, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Anthony as follows: 1. That the City Manager and City Attorney are hereby authorized (i) to proceed with negotiating with Fannie Mae the terms of an extension of the Credit Facility until December 31, 2010, (ii) to prepare an amendment to the Mortgage extending • it for the duration of the Credit Facility, (iii) to negotiate with the Developer for payments on the Authority Loan consistent with the Credit Facility, (iv) to prepare necessary documents which are hereby authorized to be executed by the Mayor and City Manager, and(v) to continue negotiations with Fannie Mae regarding additional revisions to terms of the Credit Facility based on the progress of the Phase IB Development. • 2 • Adopted this 8th day of December, 2008 yor ATTEST: City Cle Reviewed for Administration: City Manager • • 3