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HomeMy WebLinkAboutR11-Redevelopment Agency . . . -r.. II~ . . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REOUEST FOR COMMISSION/COUNCIL ACTION FROM: BARBARA J. LINDSETH Acting Director SUBJECT: STEWARD LOAN AMENDMENT GAS COMPANY BUILDING DATE: February 15,1995 SynQPsis of Previous Commission/Council/Committee Action(~): On November 21, 1994, the Community Development Commission continued the attached matter for ninety (90) days. Recommended Motionls): (Community Development Commission) MOTION: That the Community Development Commission direct staff to work with Mr. Steward to restructure the financing for the building; that staff proceed with the Commission's adopted policy regarding delinquency letters and notices of default; and that staff keep the Commission advised as to the status of events in this matter until restructured financing is brought forward for consideration. Adf~tor (;{GaA:v~~1ti BARBARA J. LINDSETH Acting Director Contact Person(s): Barbara J. Lindseth/John B Hoeger Phone: 5081 Project Area(s): Central City North (CCN) Ward(s): One (J) Supporting Data Attached: StaffR~ort. FUNDING REQUIREMENTS: Amount: $ N/ A Source: N/A Budget Authority: N/ A Commission/Council Notes: -------------.-----------------------------.----------------------------------.------------------------.-------.-- BJL:JBH:lag:02-20-03.cdc COMMISSION MEETING AGENDA MEETING DATE: 02/20/1995 Agenda Item NumberR / ( . . . -I I rr r . . ECONOMIC DEVELOPMENT AGENCY STAFF REPORT -------------------------------------------------------------------------------------------------------~---------- Steward Loan Amendment (Gas Company Building) On November 21,1994, the Community Development Commission continued the attac ed matter. In the meantime, policies exist regarding the treatment of delinquencies and noti es of default. Payment on the bridge loan was due on November 29,1994. Payment was not made an the loan is in default. The required delinquency letters have been sent to Mr. Steward but no res onse has been received. The Commission's adopted policies direct that a technical notice of defa It now be filed which will start a 120 period during which Mr. Steward can perform under the loa, avoiding foreclosure. If the notice is sent now, the Commission can take any final action on the atter during early June 1995. The Commission can, however, extend the notification period a any time during the 120 days. The Commission can also drop all foreclosure proceedings if it is s tisfied with Mr. Steward's performance. If the Commission takes no action, the staffwill conti ue to follow prior Commission direction. Mr. Steward indicates that he may bring forth additional information prior to the Commi sion meeting. Staff will forward any material that is received. Based upon the prior information, staff recommends adoption of the form motion. tf~(MD-C\( ~j~/tf BARBARA J. LINDSETH, Acting Director Economic Development Agency BJL:JBH:lag:02-20-03.cdc COMMISSION MEETING A ENDA MEETING DATE: 02/20/1995 Agenda Item Number: --~ II fT' . . . February 15, 1995 STEIIVARD .so .ASSOCI.A TES COMMERCIAL REAL ESTATE Mr Tim Steinhaus Agency Director Economic Development Department City of San Bernardino 201 N "E" Street Street, 3rd Floor San Bernardino, CA 92401 j";.)~r:-' L lrJr;{;]rJr-- _, I,:;__~~,'--n'~ II ,,:r,r'.::;}ffi! 1'.lf .... ....~-, \i'J>D ',:"".."" c. g' Ill;; "' ..-......,,; I c:la PEa 1 . i995 i~ 1 ~ l,/,y OF S.Ll~f , .. i'!.!::!J r-CONOMIC 0['/', 13':f?:VAFi'CiNu ~[l.Oflr\lrrVf ,-, J,: ,[(,,'(; ~ Re: 570 W Fourth Street San Bernardino Dear Mr, Steinhaus: As of today, February 14, 1995, we are still waiting for the green light from the FDIC for the amount they are going to discount the loan on the old gas company building on 4th Street. They have completed the appraisals, they have done their environmentals on the building and I am waiting patiently for them to take this project through their process. The pace at which they work amazes me as we have been in negotiations for nearly a year now. . We have secured preliminary financing approval on the building, awaiting a response from the FDIC. I am requesting a sixty day extension on the loan and agree to pay 8% interest only for the next sixty days In have not secured financing in order to pay the RDA the money owed, I will either pay you the balance or work out a payment plan with you I have been stymied by the FDIC. Even though I have a verbal agreement that they will discount the loan to somewhere in the area of $900,000, I must have the agreement in writing before the bank will go forward. I am in the process now ofleasing the balance of the building (approximately 3,000 feet) to Concorde College, which will make the building 100% leased. This is quite a feat for downtown San Bernardino. I 11 keep ~ncerelY, ou posted on a weekly basis as to the progress being made. I I Steward . ABS/ks 4th2.U.lC 1887 Business Center Drive. Suite 3 San Bernardino, California 92408 Tel. (909) 381-9922 FAX (909) 381-2481 ;! . . . DEVELOPMENT DEPARTMENT OF THE CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY REOUEST FOR COMMISSION/COUNCIL ACTION FROM: BARBARA 1. LINDSETH Acting Executive Director SUBJECT: STEWARD LOAN AMENDMENT - GAS COMPANY BUILDING DATE: November 17,1994 SvnoDsis of Previous CommisslonlCounciVCommittce Action(s): On February 15, 1993, the Commission approval a $1.3 million loan guarantee plus a subordinate loan of$350,OOO. On May 13, 1993, the Community Development Commission approval a bridge loan of$139,746 for 90 days. On November 15, 1993, the ConuIll.mity Development Commission retroactively approved a 12 month extension of the bridge loan from August 19, 1993 to August 31,1994. On September 6, 1994, the Community Development Commission again retroactively extended the bridge loan from Soptember 1,1994 to November 29,1994. Recommended Motlon{s): . (Communltv Deve.DDmen. Commission) MOTION: That the Community Development Commission direet sta1Ito work with Mr. Steward to restructure the frnancing for the building; that sta1I proceed with the Commission's adopted policy regarding delinquency letters and notices of default; and that staffkeep the Commission sdvised as to the status of events in this matter until restructured financing is brought forward for consideration. :~~ r ! I ' C'I ,'/ F" / l: l' ~;:r,,- \(1 ,'<::",' "1..... (: :" BARBARA J. LINDSETII Acting Executive Director Contact Person(s): Stafford W. Parker/John B. HoelZer Phone: 5081 Project Area(s): Central City North ICCNl Wardes): Onem Supporting Data Attached: StaffReoort- Letter:from Mr. Steward- Mans FUNDING REQUIREMENTS: Amount: ~ Source: N/A Budget Authority: N/A Commission/Council Notes: " . ;\ (II' \, \ \ ~ .. i ~ " ,,I -,- I \ ." A."",' _ ,;/ /' J -----------------------~:~-~~~~~-~-----------------:---L-~~~#7L<~--------------- BJL:lag: 11-21-05.edc COMJl1lS~ION MEETING AGENDA MEETING DATE: 11121/1994 '/'/ / ~gen~a Item Number. 1 II II II . . . DEVELOPMENT DEPARTMENT ECONONUCDEVELOPMENTAGENCY STAFF REPORT Steward Loan Amendment - Gas Company Bnildin!! The Agency has four financial instruments that result from its relationships with Mr. Steward in the former Gas Company Building located at 570 West Fourth Street. The first is a guarantee of a $1,300,000 first trust deed, the second is a subordinate loan of$350,000 not yet due and the third is a bridge loan in the original amount of$138,000 which has been in default twice, extended twice, and is now due in full on November 29,1994. As a result of the Agency taking on $1,788,000 of the risk in the project, it has received a 25% share of the project's equity under the terms of an executed Owner Participation Agreement. Staff has been informed in the attached letter of November 16, 1994, that Mr. Steward does not intend to make payment on the bridge loan and is requesting another extension. He indicates that he would like to extend the loan for approximately 120 days to April 1, 1995. The full amount of principal and interest due on November 29, 1994, is $161,542.48. . Mr. Steward indicates that he is negotiating a restructuring ofthe senior loan held by the FDIC and guaranteed by the Agency. If obtained, a reduced payoff of the senior loan would facilitate refinancing of the project which could then pay off at least a portion of the Agency's bridge and subordinate loans. The FDIC staff person handling this matter was not in the office for the remainder of this week. However, the attached letter of August 4, 1994, indicates the willingness of FDIC to consider a discounted payoff. Moreover, another staff member at FDIC looked at computer notes on the case which indicated that a decision was pending and expected by month's end. The Commission must effectively decide between granting the 120 day extension or, in the alternative, beginning a 210 day process required before foreclosure can take place. Unless otherwise waived, the policy adopted by the Commission on June 20, 1988, provides that notification letters be sent for a 90 day period after a loan becomes due. After that 90 day period a technical notice of default is filed and an additional 120 day time period is started. This second 120 day period may be extended by the Commission at any time during the process. The proceedings may also be dropped in their entirety if the Commission is satisfied with other arrangements approved during the 210 day period. The costs are small and cover title company costs to record the proper notices and take the required steps as trustor. On the other hand, if an extension is granted then the such proceedings will not be commenced. In that case, no foreclosure could not take place until 210 days after the new due date. (With an extension to April 1, 1995, foreclosure could not take. place until approximately November 1, 1995.) BJL:lag: 11-21-0S.cdc COMMISSION MEETING AGENDA MEETING DATE: 11121/1994 . Agenda Item Number: ( I , I ,--rr-- . . . DEVELOPMENT DEPARTMENT STAFF REPORT November 16, 1994 Page Number -2- Agency staff confirmed with banking sources that the initiation of technical foreclosure proceedings would not produce problems in obtaining refinancing so long as the Agency and City remain in a posture of supporting Mr. Steward's efforts to refinance the building. The refinancing bank will understand that the proceedings are technical steps which are necessary to start the waiting periods that are required before any action Can eventually take place. This is appropriate so that the Agency has a backup position in the event refinancing eventually does not succeed. Meanwhile, the Agency and City's cooperation are both necessary and appropriate to produce a successful refinancing for the property. The following analysis may be helpful to the Commission in considering Mr. Steward's request for this third extension. . ! EFFECT IF ! EFFECT IF FACTOR ! EXTENSION GRANTED ! EXTENSION DENIED e-------------------------------t-------------------------------+------------------------------- Immediate payment ! No payment required now. ! No payment required now, if requirement! ! technical default is allowed to , , I I proceed -------------------------------t-------------------------------t------------------------------- .. I I Payment reqUIred In 120/210 I $161,542 plus fees and 120 : $161,542 plus fees and 210 days ! days add'l interest if paid ! days add'l interest if paid to , , I when due I cure -------------------------------t-------------------------------t------------------------------- , , Position of Agency in I Unable to foreclose I Able to foreclose, it cannot , , 120/210 days: I cure. -------------------------------t-------------------------------t------------------------------- Ability to refinance ! Able to refinance with ! Able to refinance with I . I . I Agency's cooperatIOn I Agency's cooperation -------------------------------t-------------------------------t------------------------------- , , Agency's equity share during I Twenty Five Percent 1 Twenty Five Percent , , 120/21 0 days I I -------------------------------t-------------------------------t------------------------------- . I I . Effect on tenants and leases If I No effect on leases, Mr. I No effect on leases, Agency IS refinancing does not succeed ! Steward is landlord ! landlord until buyer is found and debts remain unpaid at I ! , , 120/21 0 days I : ------------...---------------------------------.................-....--.................-......---------....---..-------------- BJL:lag:II-21-0S.cdc COMMISSION MEETING AGENDA MEETING DATE: 11/21/1994 . Agenda Item Number: / f I . . . DEVELOPMENT DEPARTMENT STAFF REPORT November 16, 1994 Page Number -3- Because Mr. Steward has been unable or unwilling on three consecutive occasions to make payment when due, it is prudent for the Commission to allow notification letters to be sent and, at the appropriate time, a technical notice of default to be filed. This will start the time periods but not require actual foreclosure. Staff will keep the Commission advised as to the status of the proceedings. Meanwhile, Mr. Steward will have a minimum of210 days in which to obtain new financing or, alternately, to make payment on the bridge loan. Additionally, the Commission would have the ability to extend the 2 I 0 day period ifit should wish to grant additional time during this period. If the Commission were to grant Mr. Steward's request for an extension then the following terms and conditions would be appropriate for such an extension. 1. Extension until April I, 1995. 2. The Agency's amendment fee of$7,500 to be paid in cash prior to granting the extension. Loan origination/extension fee to be waived. 3. Accumulated interest and fees of approximately $21,800 be paid in cash prior to granting the extension. . 4. Interest at 10-1/2%. It is not necessary, however, to grant a formal extension in order to give Mr. Steward time in which to finish his proposed refinancing. If the extension is not granted, staff will simply send notification letters for the next 90 days or about March I, 1995. At that time a notice will be filed if the refinancing has not succeeded which will still allow an additional four months in which to complete the financing (approximately July I, 1995). Alternately, Mr. Steward could pay the $138,000 plus interest. STAFF RECOMMENDATION In order to protect the Commission's interests and still provide flexibility, staff recommends that the Commission direct staff to work with Mr. Steward to restructure the financing for the building; that staff proceed with the Commission's adopted policy regarding delinquency letters and notices of default; and that staff keep the Commission advised as to the status of events in this matter until restructured financing is prought forward for consideration. ~ ( /'!. 'J,( I . ,:{.I"i,.. f"')1 ~~../ '''''''' ...., BARBARA J. LINDSETH, Acting Executive Director Development Department ------------------------------------------------------------------------------------------------------- B.lL:lag:II.21-0S.cdc COMMISSION MEETING AGENDA MEETING DATE: 1lI21/1994 . Agenda Item Number: II 1'1 iH II Tl' . . . ~W.~W.:llt~;l~~__ ";t~~~1,("m:1r-~,.,Q:!jc ~ i November 16, 1994 STEIIVARD & ASSDCIA TES COMME~CIAL t:iEAi.. ESTATE 1~~~~~:~~mJlni ], I. ! NOV 1 6 1994 U CITY' OF SAN SfIWARC:r;o ECONOMIC DEVfl0i'M(NT AGEr~cy Tim Steinhaus Economic Development Agency City of San Bernardino 201 N. E. Street - 3rd Floor San Bernardino, CA 92401 RE: 570 W. Fourth Street San Bernardino, CA Former Southern California Gas Company Building Dear Mr. Steinhaus: . We have been working with the FDIC for five months in order to have them discount the loan we presently have with them in the amount of $1.3 million to approximately $900,000.00. They have been amenable to this proposition. Our only problem is that the FDIC requires considerable work to accomplish this and they must have two appraisals on the property. The latest appraisal by the FDIC was completed only last week. My intention is to get a loan and completely payoff the RDA. Not just the note that is due but approximately $350,000.00 that is owed but not currently due to the RDA. At present we have everything ready to submit to an interested bank but, until the FDIC gives us the green light in writing, we have to hold off pursuing the loan. I feel we can have everything accomplished that we need accomplished by April I, 1995. Currently the city is adding interest to the loan and obviously that will be paid also. I would like to reiterate some of the problems we have had with this building. As you know soon after purchasing the building from American Commerce Bank, the FDIC seized the institution. We were promised by American Commerce Bank to finish the tenant improvements and what work was left on the building. The FDIC completely refused to do anything after American Commerce Bank was seized. That is when we borrowed approximately $145,000.00 from the RDA and at present I have in excess of $400,000.00 myself in the project. . 1887 Business Center Drive, Suite 3 San Bernardino, California 92408 Tel. (909) 381.9922 FAX (909) 381-2481 \ I ( '1'" . . . Mr. Tim Steinhaus November 16, 1994 Page 2 I will need the extension in order to wrap everything up on this building and I am presently negotiating With tenants for the balance of the space. Consequently, in order to get the space ready for tenants, I will need to put up another $75,000.00 of my personal money for the tenant improvements for these tenants. This building has been a very problematic building, although we feel the building is on its way to being a break even building in the next six months. The city has two options. They can foreclose on the building and deal with the FDIC, the tenants themselves and problems that come up daily on the building or your can give me the extension that I need. I have never lost a building due to foreclosure and my credit report reflects that I have always covered by obligations in a very timely manner. I have no intention of not going forward with whatever this building needs in order to make the building successful. I have not failed on a building yet and do not intend to start now. . I am hopeful that the RDA and City Council will approve my extension as this is not a problem brought on by me or any kind of gift by the city. This is a project that, due to no fault of my own, developed into a very difficult situation. ThankGg you in advance, I remain / : Tf Aui . Steward President, CEO Steward & Associates . II 11 \ If . . . II II . . -- -~ ~ . t7141263-7100 . FAX 17141263.7242 Jlugust 4. 1994.. FILE Hr. Allan Steward Allan Steward, Inc. c/o Steward and 1\esoclates leS7 Business Center Drlve San Bernardino, CA 92408 SUBJECT: AMERICAN COMMERCE NATIONAL BANK, Anaheim, CA - In Receivership LAIUS 110. 501121231 ALLAN STEWARD. INC. 4576 Sul>jed f- I I- .~,L , OIAeSlHltt:l11le j PMI..;rllle/9qWtlP'd7llD' Dear Mr. Steward: As discussed today, the terms of the above-referenced note called for an interest rate of 4\ for the first yea~ and 8n interest rate of Bank Prime plus l' for the remainder of the note term, with interest payable monthly. ~dditionally, monthly principal payments of $10,250 W~re to commonce on April 2, 1994. The FDIC agreed to allow you to cure the interest arrearage b)' paying $10,000 cash in December 1993 plus $2,000 over and above your regularly scheduled nlonthly payment until the arrearage was brought current. It is unfortunate that there was a misunderstanding over those terms and that the loan is still in arrears. " he FDIC will consider a discounted payoff or loan workout/restructure offer to resolve .he above-referenced asset. The basic criteria for a diScounted payoff or workout i. financial distress, i.e. an inability on the part of the debtor or guarantor to honor the terms of the oblJgation. The following infclrmation must be submitted to support any offer other than full payoff: 1. Current personal financial statement 'for Allan and Kathleen Steward (FDIC form enclosed) - notari~ed signatures 2. Current financial statement for 1\,llan Steward, Inc. 3. Current financial statement for the guarantor, Redevelopment Agency of the City of San Bernardino ~. Copies ot federal tax returns for the debtor and guarantors for 1992 and 1993 S. Income and expense information for the collateral property ~he information and offer must be received in thIs office no later than 5 p.m. on September 15, 1994. In the event your offer requires takeou~ refinancing, A commitment letter from the financial institution must be included in the information. If the obligation is still delinquent as of that date and an offer Supported by the required information is not being considered by the FDIC~ then collection action will recommence. The FDIC will arrange for an appraisal on the collateral property and will provide Spencer Brown's name as the contact person. As discussed tOday, the appraisal information will be confidential to the FDIC. The data will be used in our financial analysis of your offer. The City of San Bernardino Redevelopment Agency will be sent a copy of this letter. Your financial Situation, the value of the collateral property and the financial ability of the f I . . . -! II . . Page Two August 4, 1994 guarantors will all be .considered in analyzing the feasibility of your offer. It 1s assumed that the Hedevelopment Agency of the City of San Bernardino executed the guaranty in good faith and 1s prepared to honor its obligation if~necessary. Please contact thE: under.iqned at (7.14) 263-7192 to discus. this matter further if you have any questiont or comments. Very truly yours, , {l~OCt...- Pat~lcia Bolster Credit Specialist ~, CC: Guarantors: Allan and Kathleen Steward Redevelop~en~ Agency of the City of San Bernardino .;;~. , I I r