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03-1085Council File # � � — ,� � V Resolution # RESOLUTION OF SAINT PAUL, MINNESOTA � C Presented By Referred To Green Sheet k �vv���� � Commictee: Date RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF LOAN AGREEMENT IN CONNECTION WITH LOAN FROM THE SA1NT PAUL FOUNDATION TO FI JND THE TSFP/HOUSING 5000 BELOW MARKFT RATE (BMR") LOAN PROGRAM 1 A. WHEREAS, the City of Saint Paul, Minnesota (the "City") proposes to enter into a Loan 2 Agreement with the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the 3 "Authority") and The Saint Paul Foundation, Incorparated, a Minnesota not-for-profit corporation (the 4 "Lender"); 5 B. WF3EREAS, Minnesota Statutes, Chapter 462C (the "Act") confers upon cities, or housing 6 and redevelopment authorities authorized by ordinance to exercise on behalf of a city, the power to 7 develop and administer programs for the purposes of planning, administering, making or purchasing loans 8 with respect to one or more multi-family housing project developments within the boundaries of the city; 9 C. WHEREAS, the City has delegated to the Authority, by ordinance, the power to exercise, 10 on behalf of the City, the powers conferred by Minnesota Statutes, Section 462C.010 to 462C.081; 11 D. WHEREAS, the Lender has indicated that it is willing to make a loan or loans to the City 12 from time to time in the maximum outstanding principal amount of $2,500,000 (the "Loan"), on the terms 13 and conditions set forth herein, to be used by the Authority to make loans far affordable housing projects 14 in the City; 15 E. WHEREAS, the Authority and City desire to enter into this Agreement to obtain funds to 16 help finance affordable housing projects in connection with the Saint Paul Housing 5000 Initiative, and the 17 Lender desires to assist the City and Authority in accomplishing its goals under the Saint Paul Housing 18 SOOOInitiative; 19 F. WHEREAS, the City estimates that the Loan will allow the Authority, as agent for the City, 20 to originate loans for affardable housing projects in the City which projects are expected to have total 21 development costs in excess of $17,000,000; and 22 G. WHEREAS, the Lender has required, as security far the Loan, that the City enter into a 23 Deposit Account Control Agreement (the "Deposit Agreement") and a Pledge Agreement (the "Pledge 24 AgreemenP') both of even date herewith pursuant to which the City has pledged certain funds as security 25 for the Loan; and 26 H. WHEREAS, in order to close the Loan in December 2003, the City accepts $500,000 from 27 the Authority to temporarily secure the Deposit Agreement and Pledge Agreement and it is the City intent 03- /D$S 1 to allocate the first $500,000 of the City's 2004 Housing 5000 STAR funds to the Authority next fall after 2 review and comment by the STAR Board; 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, Minnesota 4 (the "Council"), as follows: 5 Section l. The City hereby finds, deternunes and declares that it is in the public interest of the 6 residents of the City of Saint Paul that the Proj ect be undertaken in order to further the public purposes of 7 increasing the supply of affordable rental housing in the City. 8 Section 2. The Council hereby approves the Loan Agreement in substantially the form submitted, and 9 the Mayor and Clerk aze hereby authorized and directed to execute the Loan Agreement on behalf of the 10 City. The Mayor, or his designee, of the City is hereby authorized to negotiate and agree to any 11 amendments, deletions or revisions to the Loan Agreement prior to its execution which do not 12 substantially change the rights or obligations of the Authority, the City or the Lender under the Loan 13 Agreement. 14 Section 3. The authority to approve, execute and deliver future amendments to the Loan Agreement 15 after their execution is hereby delegated to the Mayor, or his designee, subject to the following conditions: 16 (a) such amendments do not materially adversely affect the interests of the City; (b) such amendments do 17 not contravene or violate any policy of the City; and �) such amendments are acceptable in form and 18 substance to the Saint Paul City Attorney or other counsel retained by the City to review such amendments. 19 Section 4. The authorization hereby given shall be further construed as authorization for the execution 20 and delivery of such certificates and related items as may be required to demonstrate compliance with the 21 agreement being authorized and the terxns of this Resolution. The execution of any instrument by the 22 Mayor shall be conclusive evidence of the approval of such instruments in accordance with the terms 23 hereof. In the absence of the Mayor, any instrument authorized by this paragraph to be executed and 24 delivered may be executed by the officer of the City authorized to act in his place and stead. 25 Section 5. The Council hereby accepts the Program Guidelines in Exhibit A and delegates to the 26 Authority the authority to make loans on behalf of the City to assist for the next twelve years to assist in 27 the financing of affordable housing projects. [►�y 03 - Io�S � 2 3 4 Adopted by the City Council of the City of Saint Paul, Minnesota this day of December, 2003. Adoption Certified by Council Secretary � . By: Approved by M �: Date� 1� � l�7 By: Requested by Department of: . . �g' ' � ' � j � �_� :Lll�/ � ,' � ��r� ', i� Form Approved by City torney By: Approved by Byc AA-ADA-EE� Employec Adopted by Council: Date //1��, �/�07/�/�3 Approved by Director, Office of Financial Services � By: � t� AA-ADA-EEO Employer 03 - /o�s E�ibit A - Program Guidelines TSPF/HOUSING 5000 BELOW-MARKFT RATE (`BMR") LOAN PROGRAM -$2.SM Terms of The Saint Paul Foundation ("TSPF" Partici�ation in Housine 5000 TSPF will provide City/IIRA with 52.5 million revolvin� 12 year Line of Credit ("LOC") for low-interest rate construction loans, �uarantees and term loans for Housing 5000 projects that meet TSPF criteria for affordable housing. This LOC maintained by TSFP is eligible for Saint Paul Housing 5000 projects that have at least 20% of the units affordable to households with incomes at or below 50% of the area median income, with at least half of those units (10%) affordable to households with incomes at or below 30% of area median income. Pro�am funds of $2.5 million (and related loan repayments) through this revolving LOC will be used for 12 year, by the City, through its HRA, to originate construction loans, loan guarantees, and term loans. The HRA will originate below-market rate loans to assist the projects that meet TSFP criteria. TSFP LOC will be secured by City funds of $SOQOOQ ($1 of City funds to each $5 of TSPF fixnds). City collateral funds will be deposited with a local bank acceptable to TSPF. The City annually, through its HRA, will make repayments to TSFP from third party Developer of interest and principal drawn from the LOC. The short term BMR loan will be at a 1% interest rate (construction loans/guarantees for less than 2 years). The term BMR loan rate will also be 1% (20 - 30 year amortization schedule and with balloon payxnent in 6 or fewer years). L,oans to housing projects using TSPF funds originated by the HRA will be subordinate to first lien debt. HRA staff will originate HRA Board approved loans to third party Developers after taking them through normal PED Resource Team and Credit Committee review including establishing a loan risk rating. To reduce administration for TSPF, there will be an annual report prepared by City's PED Department which will provide to TSPF results of the program to date, status of BMR loan originations, fund balances, affordable projects assisted, Vendor Outreach and Affirmative actions goals etc. Benefits of the 12 year TSPF/Housing 5000 BMR Loan Program anclude: 1) The Program would generate $17 million ofhousing loans and $22.6 million of total development costs. The initial program funds of $2.5 million would leverage loans in excess of 6.8 toL City leverage on Yhe collateral is estimated at 34 to 1. 2) Program savings on BMR loans would be over $2.0 million. 3) Minunal administration required by the TSPF staff. City, HRA and TSPF will enter into an Loan, Pledge and Deposit Agreements outlining the conditions above and responsibilities of the City and IIRA for accessing and repaying TSPF funds over the life of the program. � 03 - /0 8s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet I Departmerrtloffice/wuncil: � Date Initiated: ; PE -P,�;�g&��o���..e��„�„t � 02-DEG03 � Green Sheet NO: 3008614 � � i Deoar6nent SeM To Person I' te i Conqct Person & Phone: � � i Bob Geurs i � 0 lannin & Economic Develo Bob Geursll'om Me er I i 266-6653 � quj9n 1 lanoin & Economic Devdo � De ariment Director � i � Must Be on Council qgenda by (Date): I Number Z itv Attomev i ' 10.DEG03 For Routing 3 inanci Services Ordef 4 avor's Office I Mavor/Assisffint I 5 ouncil � 6 ,Ciri Clerk CiN Clerk i � i Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of City Council Resolution approving execution of a loan agreement with The Saint Paui Foundation for $2.SM. This will create a new Housing 5000 Below Mazket Rate Loan Program to assist affordable projects in St. Paul for the next 12 yeazs. City will provide $500,000 in collaterai to secure the Line of Credit. Recommendations: Approve (A) or Reject (R): Personal Service ContrncGs Must Mswer the Following Questions: � Planning Commission 1. Has this person/firm ever worked under a confract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? i Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Saint Paul Foundarion wishes to assist City's Housing 5000 by providing a revolving Line of Credit for affordable projects at 1% � for the next twelve yeazs. I AdvanWqes If Approved: I Addirional low cost capital to assist with Housing 5000. DisadvanWpes If Approved: None that aze laiown. I Disadvantages If Not Approved: ! I l i i ToWi qmount of 500000 CostlRevenue Budgeted: y I Transaction: � � Funainq source: HRA General Fund Activity Number: �� Financial information: (Explain)