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HomeMy WebLinkAboutR6- Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION ACTION FROM: BARBARA J.LINDSETH SUBJECT: FARAH DEVELOPMENT Acting Director INTERNATIONAL-ARCO AM/PM DATE: February 1, 1995 ------------------------------------------------------------------------------------------------------------------------------------------- Svnopsis of Previous Commission/Committee Action(s): On February 17, 1992,the Community Development Commission approved the loan of$64,000 to Farah Development International,Inc.,to complete the ARCO AM/PM project located at California and Highland Avenues. On November 10, 1994,the Redevelopment Committee received and filed a memorandum directing staff to continue its analyses of the project,or in the alternative,give staff specific directions regarding the request for refinancing as deemed appropriate. ------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) (Recommendation of Councilwoman Valerie Pope-Ludlam) MOTION: That the Community Development Conmiission approve a loan guarantee in the amount not to exceed a maximum of$320,000 plus interest to Farah Development International,Incorporated,and authorize the Acting Director to execute all documents. ' /.;•'- �_;��.�c,, i` /,,,.;.tip /�') Administrator BARBARA J.LINDSETH I Acting Director ------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Barbara J.LindsedVEmily Wong Phone: 5081 ProjectArea(s): Northwest(NW) Ward(s): One (1) Supporting Data Attached: Staff Report, Note and Lender Letter:Translation-,List of Working Capital/Financing Expenses,Western Community Bank Letter Valley B,nk Letters FUNDING REQUIREMENTS: Amount: $320.000 Source: Tax Increment Budget Authority: Requested ------------------------------------------------------------------------------------------------------------------------------------------- Commission Notes: ------------------------------------------------------------------------------------------------------------------ BJI,:EMW:am-pm.edc COMMISSION MEETING AGENDA MEETING DATE: 2/06/1995 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------ Farah Development International -- Arco AM/PM Background On February 17, 1992, the Community Development Commission approved a loan in the amount of$64 ,000 at 9% interest over two years to Farah Development International Incorporated in order to complete the development of the ARCO AM/PM project located at California and Highland Avenue. To date, Farah has paid interest only payments; however,payment of the principal balance of$64,000 was due March 26, 1994 and is currently in default. Farah has made interest payments of$483 monthly,up through September 1994. No further payments have been received to date, based upon the understanding that new refinancing was imminent. Ln addition, other outstanding loans relative to this project include an approximate $870,000 SBA loan as well as a third loan in the amount of approximately $68,084 (plus $20.27 per diem interest) with Western Community Bank which was recently taken over by the FDIC. Furthennore, $130,000 is needed to reduce stockholder advances for unforeseen construction costs and$54,000 is needed for working capital as well. Staff has received a letter from Valley Bank indicating and confinning the outstanding balance and current status of the SBA loan. We have also received confirmation from FDIC on their loan of $68,084. At this time, Mr. Ghassan Farah of Farah Investments International,wishes to refinance and consolidate two (2)loans and reduce stockholder advances under one (1) loan transaction with Valley Bank. Therefore,he has requested a loan guarantee from the Agency to Valley Bank in the amount of$320,000 for the following purposes: $ 65,000(+ int) Repay existing Agency loan $ 71,000(+ int)* Repay existing debt with FDIC $130,000* Reduce stockholder advances 54,000* Working capital/financing costs $320,000 (+int) * Docurnentation verifying the actual amounts of the outstanding notes is attached along with a list of projected working capital needs/expenses. Valley Bank has indicated that it will require a demand statement from the lender prior to disbursing funds. Farah Investment Internationals' original request was for a $1.2 million loan for a terns of 20 years. At this tune, all parties have agreed not to refinance the SBA loan thereby reducing the loan request and Agency exposure to $320,000. ------------------------------------------------------------------------------------------------------------------ BJL:EMW:am-pm.cdc COMMISSION MEETING AGENDA MEETING DATE: 2/06/1995 Agenda Item Number: _ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Farah Development International -Arco AM/PM February 1, 1995 Page Number -2- ------------------------------------------------------------------------------------------------------------------ ANALYSES Staffs review of Mr. Farah's financials indicate that the project was profitable as of fiscal year ending January 30, 1993 with a positive gross funds flow of$86,335. Assuming a similar or better cash flow for year ending 1994, Farah Investments appears to be in a strong gross funds flow position. The project has a strong working capital position of$98,222 as well as an equity position of$688,715. However, by repaying and reducing stockholders advances by $130,000, the currently strong equity position of$688,715 would thereby be reduced to $558,715, which reduces the debt to equity ratio from 1.53 : 1.00 down to 1.23 : 1.00. The new loan of$320,000 would effectively consolidate his entire debt service, secure additional working capital funds,repay personal debt, and repay the Agency's loan balance. The terms of the proposed Valley Bank loan are provided below: Loan Amount: $320,000 Interest Rate: Bank of America Prune Rate plus 3.00%, adjusted daily Fees/Costs: Two Points ($6,400)plus any out-of-pocket costs as incurred Repayment Terms: 120 monthly principal payments in the amount of$2,666.67,plus interest Maturity: Ten (10)years from date of note. Collateral: 1) Second Deed of Trust on real estate located at 1933 West Highland Avenue; 2) First Security Interest in all business assets of the ARCO AM/PM Mini-Mart Guarantors: Ghassan Farah and the Redevelopment Agency of the City of San Bernardino. The terms of the proposed Agency loan guarantee are provided below: Guarantee Amount: $320,000 (+interest, contingent upon Valley Bank loan approval) Term of Guarantee: 10 years Collateral: Third Deed of Trust on real estate located at 1933 West Highland Avenue Guarantors: Ghassan Farah ------------------------------------------------------------------------------------------------------------------ BJL:EMW:am-pm.cdc COMMISSION MEETING AGENDA MEETING DATE: 2/06/1995 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Farah Development International -Arco AM/PM February 1, 1995 Page Number -3- ------------------------------------------------------------------------------------------------------------------ By providing a loan guarantee for this project, the Agency will be taking steps to assist the continued operation of a viable and beneficial service to the community. In addition, the proposed loan will pay off the Agency's direct loan and free up funds for potential assistance to other projects. Based on the foregoing, Councilwoman Pope-Ludlam recommends adoption of the form motion. .z 1 BARBARA J. LINDSETH, Acting Director Economic Development Agency ------------------------------------------------------------------------------------------------------------------ BJL:EMW:am-pm.cdc COMMISSION MEETING AGENDA MEETING DATE: 2/06/1995 I Agenda Item Number: o VALLEY BANK °J SIY Sf Q�' SINCE ti VALLEY BANK MORENO VALLEY OFFICE y 1960 c°MM�� January 11, 1995 Mr. Ghassan Farah, President Farah Investments International, Inc . 102 East Grand Blvd. Corona, CA 91719 Dear Mr. Farah: Valley Bank has reviewed your request for the financing needs of the AM/PM Mini-Mart at 1933 West Highland Avenue, San Bernardino, CA and is willing to provide you with a commitment, as follows : BORROWER Farah Investments International , Inc . LOAN AMOUNT $320, 000 INTEREST RATE Bank of America Prime Rate plus 3 . 00%, adjusted daily FEES/COSTS Two Points ($6, 400) plus any out-of- pocket costs as incurred REPAYMENT TERMS : 120 monthly principal payments in the amount of $2 , 666 . 67 , plus interest MATURITY Ten (10) years from date of note PURPOSE $136, 000 - Repay existing debt with FDIC and San Bernardino RDA $130, 000 - Reduce Stockholder Advances $ 54 , 000 - Working Capital/Financing Costs $320, 000 - Total Loan Request COLLATERAL Second Deed of Trust on real estate located at 1933 West Highland Avenue, along with a UCC Financing on business assets GUARANTORS Ghassan Farah and the Redevelopment Agency of the City of San Bernardino 24010 SUNNYMEAD BLVD., CA 92553 • (909)242-1174 • FAX(909)242-1903 •P.O. BOX 188, MORENO VALLEY, CA 92556-0188 �j, This commitment is contingent upon the Bank ' s ability to obtain the appropriate positions in the collateral as outlined above. If you are in need of any further information, please do not hesitate to contact either John Stenz or the undersigned at (909) 242-1174 . E ly, Nugent esident/ for Lending Officer cc: Ms . Emily Wong Redevelopment Agency of the City of San Bernardino r ILe Farah Investments International, Inc. 102 E. Grand Blvd, Corona, Ca. 91719 Tel: (909)278-0816 January 26-5th, 1995 Tim Steinhause 2- RDA City of San Bernardino i ; it3 cic� F Re: Loan with Farah Investments International, Inc. Dear Tim, At your request I am providing you with an explanation and a reason for our delinquent loan with your agency. As the maturity of our loan with you came closer, and the balloon payment came due, we started looking for a lending institution to consolidate our debts into one business loan. We received commitment letters from one of the institutions and opened escrow with them expecting disbursement of the money in February 1994. However the mortgage company we were working with filed bankruptcy and the deal was stopped. At that time, it was too late find any money to cover our due loans at their maturity dates, so we contacted the parties that we had matured loans with and asked for extensions. The RDA loan was one of them. Until November of 1994, and the first meeting of the council that we were planning to<kc on the agenda for, we kept our payments to the RDA. So until today, we are only three month behind and that is because we believed that this will be handled through escrow when the loan goes through. Respectfully, Kal Fara 02-01-1995 02:2-PM FROM Va l l ey Bank C?.!,C:F! 9556 TO 3845135 P.05 i SINCE VALLEY ANK I VMUYSMK ADlv7HV1STRATlOJV 1960 January 2f, 1995 Tim Steinhaus, Agency Administrator City of San Bernardino Economic Redevelopment Agency ll 201 North "E" Street Saa Bernardino, CA 92401-1507 I 1 Dear Mr. Steinhaus: Pursuant to our telephone conversation of Jan. .24, 1995, following is a summary of what we discussed. Farah Invc-stnent : You inquired as to the investigation Valley Bank performed on the personal note to be paid off from the proceeds of the new Loan. , As we discussed, Valley Bank will recxsire a demand. statement from i the ].ender prior to disbursing funds. Valley Bank will. then payoff the lender directly. In discussing the validity of the l existing debt I stated that some credence must be given to what the borrower states he is going to do with the funds_ The decision to make the loan is, or should be based on character, .credit, and ability to repay. If you are questioning whether the borrower is being honest concerning the use of the proceeds, you are questioning the borrower's character. it is not always possible to Lie 100 sure 04-.at the borrower is using the lean proceeds as previously stated. Furthermore, if you find out later that the borrower was not completely honest with you theta you have a case of fraud. Concerning the SBA loan we have contacted the bank that holds the SBA loan. They have info-rmed us that the loan is current . We have given this information to Gene Wood. I b+-t�lieve he will be providing Fms.ly Wong with this and other information requested within a few days. {j Valley Bank looks forward to a mutually beneficial relationship, and is willing to provide assistance whenever possible. If you have any questions, please do not Hesitate to contact me. sincerely, Mark A. Nugent V.P. /Sr. Lendin fficer I I I i 24010 SUNNYM.FAD BLVD., GA O,-5W • (903}242-7859 + FAX(905")242-1903 *F.D.BOX 180,MORPNO VAUIDI CA TOTAL F.uT5 02-01-1995 11:5�M FROM Malley Bank h1•asCA 92556 TO 8845135 P.01 VALLEY BANK ��,tvse SI�iCE � v�efrs;n�K Post-ie Fax Note 7871 D� ASR Tcr January 25, 19 94 N Go.C1a"` i4 lC�it ColDept. � Phone#+ Pixxie FZ# Fax# i Gene Wood E.H. Wood & Associates I Dear Mr. Wood: Pursuant to our telephone conversation orz Jan. 24, 1995 I concerning Farah Investment fallowing is the information yov requested. On Jan. 24, 1995 we spoke with General Bank, Craig Lee coricern:ing Lb(zt SSA loan of Farall Investment . Mr. Lee informed us that the loan is current and that the outstanding balance is $856,741.09. i I I hope that this information will be of benefit to you and I answers your concerns. If you have any questions, please do not hesitate to contact me. i Very Truly Yours, ` Mare A. Nugent V.P. /Sr_ Lending offIcer I I I i i I i I i 24010 6UNIVYf,#EAD BLVD,,CA 92556 . y,Yk9/242-1959 + rAx(3Q9)242-1993 °P0.Srr_?,z. 1&%R OMEN VAL 1_F-Y, (,-A 4y55€Tt7 iFE� TOTAL F'.01 OX X FDIC Federal Deposit Insurance Corporation Western Service Center Mail Stop J-71 OA-70, PO Box 7649 Newport Beach, CA 92868 (7141263.7868 ♦ FAX(714)283-7879 Via Fax (909) 734-4808 January 11, 1995 Mr. Ghassan S. Farah Subject: Western Community Bank, 4615 Corona, CA - In Receivership LAMIS Number: 501272941 Asset Name: G. Wayne Wickstrom Dear Mr. Farah: Per your request, the following is the amount owed on the above-referenced loan: Principal Balance $64,348.88 Accrued Interest to January 11, 1995 $3,735.32 Total $68,084.20 Per Diem Interest $20.27 Should you have any questions, please call me at (714) 263-7859. Very truly yours, Vincent Fiawone Account Officer Real Estate Loans l� From CHOCOFA_TEL09944394 PHONE No. 09944048 Jan. 12 1995 6:19PM P01 e l m c,� Cis; aLli 14 ;a►:; ,l ii :�ti]1 �_ ,,1 �Y,ya Ali *t9WJI-AZ .J3AJ .Nx r,,.11 CSs.l1 J.LAJ r LS.* ► i ierne-c 1:4-14--,J Suhavl Farah Beirut i"._ 5/1/95 Only 180000. 00 U. S. Dollars On the date 1 2/?7/q1 and by t h:1 not e we tiav i n Beirut to Buildina and Construction Inc. the amount, abovF of one hundred and eighty thousand U. S. Dollars with interest yearly 3n 1h4-? islmc.unt c,f 22. 00% in thf {c:jlir:wjncl orris„ P ZIVM$-r-,± monthly Jr) thr, „^nuunt. c,i three thousand three hundred U. S. Dollars 1aE't (�z1Vf11,-f t Ir, l.tle Z Piiuirrst o7 one hundred and eiqhty thousand U. S. Dollars at tht, d tit- t'.i m, �::uhavl Farah H « !n Noi r Suhavl Farah '7it--'7 Beirut i .- 5/1/95 Only 180000. 00 U. S. Dollars On the date 12/?7/y] ar:d tiv th.3 note we nay in Beirut 1,_, Building and Construction. Inc. the amount above of one hundred and eighty thousand U. S. Dollars with interest yearly i -: t he ,.:rnount of 22. 00% in t};F• of loWi ncl o1'dt-? Pavmeni monthly in t Y,c- :_^;count. ai three thousand three hundred U. S. Dollars iast (,avlff'z-nt i„ 1.ne ar;;ount. o7 one hundred and eighty thousand U. S. Dollars at tho dut, is i mo=. Suhavl Farah I, Hani W. Gabriel, hereby certify that I have translated the attached writing, that I am competent to translate such document and that to the best of my knowledge and belief, the above translation is true and correct. Dated: . { Hani W. Gabriel From CHICICIDFA-TEL09944394 PHOHE Hc). 09944048 Jan. 26 1995 11:31AM F'Cll 0 - 1 BUILDING & SUPPLIES , Co. J J A ox 4 ,w ej.. VS,,qAl )Yjl I A ol-il Iu "Mk-j�j jS Awj 94 al jV1 Z' Lz FT-cm CHOCOFH_TEL09944394 FHOHE Pdo. : O '344046 26 1995 11:47AH P1 BUILDING & SUPPLIES , Co. . J. f- O'N' 4 t January 26, 1995 Fax No.: 001-909-7366862 To Whom It May Concern; This lottor has been faxed et the request of Mr. Souhail Farah. We ArO A i'AMPAtly f:11l1(tAIt7.Pf{itl lending innn1PF to the building indurtry and itr,Runpllek Mr, Souhail Farah borrowed u total of US$ 180,000.00 from our company for a project in the USA Mohammad Kame1 President JAN-31-1995 14:15 SABO SAN BERNAR P.01 I i I Building and upplies Company j The signer o the Contract Suheil Farah, the City Beirut, Due May 1, 1995. i i Only 180,000 U.S. Dollars. In the date of December 27, 1991 and in accordance with this document!we pay in Beirut to BuOing and Supplies Company The amount Pown above in the amount of one hundred and eighty thousand U.S. dollars with annual interest in the amount of 22% in the following manna r A monthly payment in the amount of three thousand and three hundred Q-S. dollars A final payment in the amount of one hundred and eighty thousand U.S. dollars at°the due date. Suheil Farah . i • j I i , I i I i i i I i i i i I i TOTAL P.01