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HomeMy WebLinkAboutR15-Redevelopment Agency - fI'" '" ,..-' II" ~, /'l " ,./ ..... ....'... '---- --/ DBVBLOP"BRT DBPART"BRT OF TUB CIn OF SAK BERlWUlII'IO REOUEST FOR COMMISSIOR/COURCIL ACTIOR From: KENNETH J. HENDERSON Executive Director Subject: FIRST AMEI'IDMBI'IT TO LOAK AGREBI'IEK'l - AKITA'S BADRY Date: July 6, 1992 ------------------------------------------------------------------------------- SvnoDsis of Previous Commission/Council/Committee Action(s): On May 19, 1987, the Mayor and Common Council adopted Resolution No. 87-168, whereby the City accepted assignment of a loan, on behalf of the Economic Development Council, made to the Buttercup Bakery. ------------------------------------------------------------------------------- Recommended Motion(s): (Mavor And Common Council) MOTIOR That the Mayor and Common Council authorize the Mayor of the City of San Bernardino to execute the attached amendment which extends the loan amortization period and assigns additional payors to a loan agreement between the City of San Bernardino and Anita's Bakery (formerly the Buttercup Bakery). .1".,,, RSOI'I or ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Jav Munoz Phone: 5081 Project Area(s): Mt. Vernon (MTV) Ward(s) : One (1) Supporting Data Attached: Staff ReDort. Amendment FUNDING REQUIREMENTS: Amount: $ N/A Source: N/A Budget Authority: N/A ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------- KJH:AJM:tnt:0042h COMMISSIOR MBBTIl'IG AGEKDA Meeting Date: 07/06/1992:) Agenda Item l'Iumber: ) - , <. r I" '" ,r) " -..... ".-"'. DEVELOPMENT DEPARTMERT OF TIIB CIn OF SAIl IlBUARDIJIO STAFF RBPOU First AalPntlMent to Loan ARreement At a meeting of the Mayor and Common Council held on May 19, 1987, the Council adopted Resolution Number 87-168. This Resolution caused the City of San Bernardino to become the sssignee of the Economic Development Council (EDC) with regard to its small business loan to the Buttercup Bakery. Conditions of the loan agreement stipulate that Mr. Ortiz (the original borrower) is to make monthly installments, including both principal and interest, in the amount of $920.83 commencing on June 1, 1985, and continUing through July 1, 1992. This amortization schedule will leave a balloon payment with an approximate outstanding balance of thirty-five thousand dollars ($35,OOO.00) on July 1, 1992, at which time, the entire principal balance, plus interest, shall become due and payable. The agreement also provides that the note shall become immediately due and payable upon transfer of title of the bakery for any reason. On February 14, 1992, Mr. Ortiz contacted staff and inquired about the possibility of refinancing his small business loan. He informed staff that he would not be able to make the final loan payment. In the ensuing conversation with Mr. Ortiz, it was determined that he no longer owns the bakery for which he received the loan. Mr. Ortiz sold the bakery to Ricardo and Herminia Sam on June 16, 1989. Mr. Ortiz and the subsequent owners have an agreement by which Mr. and Mrs. Sam do not assume the obligation with the City, but instead make the monthly payments of $920.83 to Mr. Ortiz who then remits same to the City. It should be noted that upon transfer of title to its second owner, the unpaid balance of the note became due and payable. In further discussions with Mr. Ortiz and the present owners of the bakery, it was expressed to staff that both parties wished that the present owners be allowed to assume the loan and that Mr. Ortiz be released from his obligation. The present owners have been making the monthly payments without a problem since they bought the bakery and assure staff that they could continue to do so if the City allows them to assume the loan. --------- K.JH :AJM: tnt: 0042h COIm:SSIOR IID1'IIIG AGDDA Meetinc Date: 07/06/1992 Aal!llda It. lI1aber: h .;'+: ' " " ,r~. " j-'j " DBVELOPMDT DnD:;:C:lTAYF IlBPORT FIRST AftuJJl'll5lllY TO AGREBMBBT Jul7 6, 1992 Paae __ber -2- -... '-' Staff has deterained that it would be advantageous to extend the loan to September 1, 1995, and amortize the outstanding balance, thereby allowing the bakery to remain in operation. However, due to the fact that Mr. Ortiz was remiss in not informing the City as to the sale of the bakery, staff recommends the following conditions: (a) that Mr. Ortiz be retained as a borrower and obligee under said note; (b) that the real property located in Baldwin Park pledged as security for the note should remain so pledged; (c) that Mr. and Mrs. Sam be added as borrowers to the note, and; (d) that all of the business assets located within Anita's Bakery (formerly the Buttercup Bakery) at 739 North Mt. Vernon Avenue also be pledged as security for the note. (e) that as a result of the restructuring, the loan be paid down from $35,000 to $30,000 and that a 1.5% loan fee be charged. These items have already been paid by the borrowers. The resulting loan would be as follows: AaoUllt: rem: ADDual Interest Rate: Monthly P&yllent: $30,000.00 38 IIOntha 9.0% $910.25 All parties agree to the above refrenced terms and conditions subject to Common Council approval. Staff recommends adoption of the form motion. Dl'IRKTII :.T. RSOlf, Executive Director Develo~ent Department ----------------- KJB:AJM:tnt:0042h COIlIIISSIOR IIDTmG AGBlIDA Meetina Date: 07l06/l912r-/ Aaenda Its Rumber: ...L2.. - r f" " ,r- " f) "'" 8 9 10 II 12 13 J4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - '-' .---. ..., I 2 3 4 5 6 jS1111I111 mIS FIRST AtmRlJm;Itr TO LOAK AGREEKEKr is lIade and entered into all of this ll1b day of ~, 1992, by and between PEQRO R. ORTIZ, an individual, hereinafter referred to as "Borrower," RICARDO AND HERMINIA SAM, husband and wife, hereinafter referred to aa "Assignees," and the CITY OF SAR BERNARDINO, i a Charter City, as assignee of the San Bernardino Economic Development Council, hereinafter referred to as "City." VITID:SSImI: WHEREAS, on August 2, 1984, Borrower entered into a certain Loan Agreement with the San Bernardino Economic Development Council regarding a business located in the City of San Bernardino, and WHEREAS, on June 19. 1987, the San Bernardino Economic Development Council did assign said loan to City which aasignment waa accepted by City by' Resolution No. 87-16g dated Mav 19. 1987, and WHEREAS, Borrower desires now to assign the loan to Assignees, NOW, THEREFORE, the parties hereto agree as follows: 1. Said Loan Agreement is hereby amended to add Ricardo and Herminia Sam, husband and wife as borrowers thereunder. 2. Pedro R. Ortiz shall be retained as a borrower and obligee under said Loan Agreement, and the real property pledged for repayment under said Loan Agreement shall remain so pledged. 3. The due date of the loan shall be extended to September 1, 1995. 4. Except as amended herein said Loan Agreement shall remain in full force and effect. 1 I~ -, ',-, c_ ...."I ,r--~ , I' \. FIRST Armftlll'lllilU TO LOO Ac:u&Iuuu H: PEDRO R. ORTIZ the First Amendment is executed on the dsy and CITY OF SO BBIlKARDIJro BY: W.R. HOLCOMB, MAYOR PEDRO R. ORTIZ ,r. '" RI CARDO SAM HERMINIA SAM ,J~ " 2 /5