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HomeMy WebLinkAboutR7- Development Director ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: RONALD WINKLER Subject: INFRASTRUCTURE IMPROVEMENTS DEVELOPMENT DIRECTOR FOR NEW PINE AVENUE Date: October 5, 1995 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On August 7, 1995, the Mayor and Common Council discussed the need to identify a funding source for the New Pine Avenue project. On September 5, 1995, the Mayor and Common Council and the Community Development Commission approved loans from the Sewer Line Maintenance Fund, the Sewer Line Construction Fund and the Economic Development Agency for the construction of New Pine Avenue. Recommended Motion(s): (Mayor and Common Council) (Community Development Commission) MOTION: That the Mayor and Common Council and the Community Development Commission approve a loan agreement between the City and the Agency in the amount of $500,000 for the construction of New Pine Avenue, authorize staff to execute the loan agreement and increase the Agency's budget accordingly. Administrator RONALD W R DEVELOP NT DIRECTOR ------------------------------------------------------------------------------- Contact Person(s) : Adam Eliason; Ron Winkler Phone: 5081 Project Area(s): N/A Ward(s): Fifth (5) Supporting Data Attached: Staff Report; Loan Agreement Funding Requirements: Amount: $500,000 Source: Line of Credit Budget Authority: Requested ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------- RW:BJL:2106A COMMISSION MEETING AGENDA Meeting Date: 10/16/1995 Agenda Item Number: ANN 0 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO STAFF REPORT -------------------------------------------------------------------------------- Infrastructure Improvements for New Pine Avenue On September 5, 1995, the Mayor and Common Council and the Community Development Commission approved funding sources for the construction of New Pine Avenue, between Kendall Drive and Irvington Avenue. The cost to construct New Pine Avenue was estimated at $1,133,000. The following sources were identified and approved to finance the construction of New Pine: 1. Sewer Line Maintenance Fund $316,500 2. Sewer Line Construction Fund 316,500 3. EDA Loan through Line of Credit 500,000 Total $1,133,000 The terms of the attached Loan Agreement between the City and the Agency are such that the Agency will be advanced the amount of $500,000 from the Agency's Line of Credit at Wells Fargo Bank, and will in turn loan the funds to the City. The loan to the City will be at an _. interest rate of 6% p g per annum and will be repaid through the annual levy on the parcels or from the sale of each home on a proportionate share (44%) with the other two (2) loans according to the outstanding original principal balances. It is anticipated that at the close of escrow on the first 42 homes, $402,000 will be proportionately repaid on the three (3) loans; the Agency will be repaid approximately $176,880 from the sale of the first 42 homes. The balance will have the option of being paid at the time of close of escrow on the remaining 54 homes, or over a 25 year period commencing at the time of the formation of the assessment district. Based on the foregoing, staff recommends adoption of the form motion. Ronald �� W nkler Development Director -------------------------------------------------------------------- RW:BJL:2106A COMMISSION MEETING AGENDA Meeting Date: 10/16/1995 Agenda Item Number: 7 0 0 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO LOAN AGREEMENT NEW PINE AVENUE THIS LOAN AGREEMENT is entered into as of the day of , 1995, by and between the Economic Development Agency of the City of San Bernardino (the "Agency") and the City of San Bernardino (the "City") with reference to the following facts: RECITALS A. The Agency is a redevelopment agency, a public body, corporate and politic within the State of California, organized and existing pursuant to the Community Redevelopment Law (Part 1 of division 24) commencing with Section 33000 of the Health and Safety Code of the State of California (the "Act"). B. The City of San Bernardino, California, is a municipal corporation and a charter city duly created and existing pursuant to the Constitution of the State of California. C. The City desires to construct New Pine Avenue, between Kendall Drive and Irvington Avenue, within the City limits for an estimated cost of $1,133,000. D. The costs of the infrastructure improvements consisting of the construction of New Pine Avenue will exceed the amounts identified. The Sewer Line Maintenance Fund will contribute $316,500 and the Sewer Line Construction Fund will contribute $316,500 towards the construction of New Pine Avenue, for a total of $633,000. E. The Agency and the City deem it desirable for the Agency to borrow funds against the Agency's established Line of Credit with Wells Fargo Bank, and to loan these certain monies to the City in order to fund a portion of the costs of undertaking those certain infrastructure improvements required for the construction of New Pine Avenue. NOW, THEREFORE, in connection of the foregoing and the mutual covenants and conditions set forth herein, the parties hereto agree as follows: 1. Agency Loan. The Agency hereby agrees to loan to the City (the "Loan") certain monies, attributable to the Agency's established Line of Credit with Wells Fargo Bank, to fund a portion of the costs of certain infrastructure improvements necessary for the construction of New Pine Avenue. The Loan shall be established on the following terms: a. The principal amount of the Loan to be repaid to the - 1 - Loan Agreement - New Pine Avenue Agency is $500,000, plus accrued interest. b. The Loan proceeds will be used exclusively by the City for the purpose of causing the undertaking of the infrastructure improvements required for the construction of New Pine Avenue and to pay any incidental costs attributable thereto. Funds received from the Sewer Line Construction Fund and the Sewer Line Maintenance Fund will be drawn and used before the Loan proceeds from the Agency. The Loan proceeds will be drawn by the City based upon Developer requests received and approved by the City. c. The amortized principal amount of the Loan shall be due, together with accrued interest thereon, thirty (30) days after the collection of the annual levy or thirty (30) days after the sale of each home. The City shall have the right to prepay all or part of the Loan plus accrued interest without penalty. d. Interest shall accrue at the rate of six (6) % per annum from the date that funds representing Loan proceeds are advanced to the City and will continue until the Loan is paid in full. 2. Repayment. The City agrees to repay the Agency for the Loan created pursuant to this Agreement. All funds received through the annual levy or through the sale of each home shall be paid to the Agency thirty (30) days after the collection of the levy or the sale representing principal and accrued interest. The funds received through the annual levy or from the sale of each home shall be proportionately distributed to the Sewer Line Maintenance Fund, the Sewer Line Construction Fund and the Agency according to the original outstanding loan balances. The Agency's share shall be equal to 44% of the collection of the annual levy or the sale of each home. The maximum length for repayment of the loan will be 25 years from the formation of the assessment district. In the event that the assessment district is not formed and the annual levy does not occur, the City agrees that repayment of the outstanding principal balance and interest will be subject to agreed upon terms. 3. Miscellaneous. a. This Loan Agreement shall bind and inure to the benefit of the successors and assigns of each of the parties hereto. b. Each party agrees to perform any further acts and execute and deliver any documents which may be necessary to carry out the provisions or intent of this Loan Agreement. c. This Loan Agreement may be amended at any time by the written agreement of the parties hereto. No amendment or waiver of the terms hereto shall be valid unless contained in writing and executed by the parties to this Loan Agreement. d. The parties hereby agree that this Loan Agreement has been executed and delivered in the State of California and shall be construed, enforced and governed by the laws thereof. - 2 - 0 Loan Agreement - New Pine Avenue e. In the event that any provision in the Loan Agreement shall be held invalid or unenforceable, such provision shall be severable from, and such invalidity or unenforceability shall not be �... construed to have any effect on, the remaining provisions of this Loan Agreement. f. This Loan Agreement contains the entire agreement between the parties hereto pertaining to the subject matter hereof, with the exception of the other agreements reference explicitly or implicitly herein. The Loan Agreement supersedes all prior and contemporaneous agreements and understandings of the parties with respect to the matters resolved herein, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as set forth or referred to herein. IN WITNESS WHEREOF, the parties have signed this Loan Agreement as of the date first above written. ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Development Director Attest: Now, By: Secretary APPROVED AS TO FORM AND CONTENT: By: Agency Counsel CITY OF SAN BERNARDINO By: Attest; By: City Clerk APPROVED AS TO FORM AND CONTENT: By: City Attorney 2105A - 3 -