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09-1397Council File # 6� Green Sheet # 3091376 RESOLUTION CITY OF,SAINT Pre:ented bv L, MINNESOTA l� RESOLliTIO\ AtiTHORIZI\G THE CH.ARGE-OFF O� A STAR LOA\ WHEREAS, the CiTy of Saint Paul ("City") has under[aken a process to �deniity STAR loans in the portfolio that hace not been performin�; and _ W HEREAS. City staff with the counci] of the Ciry Attomey Office has determined tlirough a rieorous collection effort that this loan is uncollectable, and City has applied a nsk raung to this loan and rated this Loan as loss, the loan being described as foLlows� (1) Wm� Heog, Inc., Kevin Lam in tlie unpaid principal amount of $299.223.00: and WHEREAS, the CiCy staff recommends that d�e loan be charged-off in the amount listed above together with mterest. NOW, THEREFORE BE IT RESOLVED, the C�ty Council hereby takes the fotlowing action: ( L) That the write off of the Loan as being uncollect�ble is in fhe public's interest, does not constitute gif[s_ and is m conYormity with generally accepted accounting procedures for the maintenance of accounts concerned with defaulted, uncollechble and foreclosed loans. (2) The City staff is auth�r�zed and directed to effect the charge off of the Loao. Yeas Nays Absent Bo5trom j / Carter � Harris Helgen � Lantry � Stark Thune � � Adopted by Council: Date �������% Adoption Certified by Coun 1 Secretary BY� ! f //o//i/ �.iJ�F1/�O/J Approvecj.b'�Mayo Date � (Q p � . , n By: (>4i�� (/ � Requested by Deparf�nent of: �•. BY . ; - Approved t Office �an� erm� / By: �� I Y � �� Form Approv ey By: � , Form A oved b M� r fo ssion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet nc�,���i� � � DepartmenUOffice/Council: Date Initiatetl: v � PE _Planning & Economic 10 DEC 2009 Green Sheet NO: 3091376 Development Contact Person & Phone: Deoartment Sent To Person InitiallD TOm Si� � 0 lannin & Economic Develo me PED Accountin 266-6686 1 lanoin & Economic Develo me De arhnent Directar A55ign 2 inancialServices Mar aretKellv Must Be on Council Agenda by�Date): Number 3 a or's Office Ma or For Routing 4 ouucil Kath Lan Doc. Type: RESOLUTION Wl�v Order 5 i Clerk �� TRANSACTION � E-DOCUment Required: Y Document ConYact: Kelly Bauer ConWct Phone: 266-6604 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of a charge off on an uncollectable STAR loan issued to Wing Heng, Inc, Kevin Lam. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1, Has this person/frm ever worked under a coniract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Foreclosure and bankruptcy have eliminated the collectablity of this loan. Advantages If Approved: Confornvs with generally accepted accounting practices. �- Disadvantages If Approved: None. Disadvantages If Not Approved: The Ciry would keep a valuless asset on the books. Total Amount of Transaction: $29g�2Z3.00 CostlRevenue eudgeted: Funding Source: STAR �OAN pctivity Number: Financial Information: Acct#77535 (Explain) December 11, 2009 2:49 PM Page 1 DEPART'MENT OF PLANNING & ECONOMIC DEVEIAPMEPIT Cecite Bedor, Director CI'TY OF SAINT PAIJL Christopher B. Colem¢rt, Ivtayor 25 7/est Fow'th Street Saint Pm�l, MN55102 To: STAR Board From: Thomas Sitz Date: November 18, 2009 RE: Wing Heng, Inc., Kevin Lam STAR Loan #O1-122 Account # 77535 e� �[��� Q Telephone: 651-266-6700 Facsim i(e: 651-228-3220 This loan has an outstanding principal balance of $299,223.00. The business is a La Quinta Inn located at 1800 Old Hudson Road. The properry is owned by Kevin Lam. The property is in foreclosure by the first mortgage holder, Brickwell Bank of Woodbury. It is being operated through a receivership. The first mortgage exceeds the value of the property. The STAR second mortgage is being eliminated through the foreclosure. The STAR loan originated iu June 2003 in the amount of $375,000. The original borrower has a Staz bound Hotel owned by Dr. Chen of California. In June 2007, Dr. Chen soid the hotel to Kevin Lazn of St. Paul. Mr. Lam assumed the STAR loan which had a balance of $302,649.23 and Dr. Chen was released from liability. Kevin Lam personally guaranteed the STAR loan. Mr. Lam has filed Chapter 7 banlcrnptcy which has rendered the guazantee to be worthless. There remains no collection altemarive available to collect the STAR loan. I am asking the STAR board to approve this chazge-off prior to presenting the charge-off to the City Council for final acfion. The PED credit committee has akeady approved this charge-off. TS:kp AN AFFIRMATNE ACTION EQUAL OPPORTLJNITY EMPLOYER