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07. Commercial Rehabilitation Loan Agreement ProposalsPlanning, Economic & Community Development Department P.O. Box 1997 Kalispell, MT 59903-1997 iheCityoiKalispell Incorporated 1892 Memorandum Date: July 11, 1995 To: Larry Gallagher, PECD Director From: Ross Plambeck, Redevelopment Manager �--� Subject: Commercial Rehab Loan Prograrn/KDC Recommendations 248 Third Avenue East (406) 758-7740 (406) 758-7739 (office fax) (406) 758-7758 (City Hall fax) As you will recall, back in 1980, the initial funding for the Commercial Rehab Loan Program was an economic development grant from HUD through the CDBG program. The federal regulations required the $100,000 grant for interest subsidy be awarded to a non-profit development corporation (KDQ and deposited in a bank for leveraging private capital. Norwest Bank took the risk to participate in a new and unique program that was a first of its kind for HUD, and administered the program for the last 15 years. In 1988, the City began using Tax Increment Funds to subsidize interest rates down to 3%. The use of TIF now allows more flexibility in the program than the original HUD program. At the KDC Executive Board meeting on July 11, 1995, my memo summarizing the proposals was discussed by the committee members. Several of the members suggested that the City make the program available to any of the Kalispell banks that wanted to participate in the program. All of the banks with officers present at the meeting agreed the program could be offered to Kalispell banks, allowing the loan applicants to work directly with the bank of their choice. Paul Wachholz, chairmen of the loan review committee, suggested the program have a rate and loan amount fixed by the City. He felt different rates and loan amounts established by each bank would cause confusion with the loan applicants as they tried to put their application together. He felt the integrity of the program needed to be maintained with a standardized rate for all applicants while allowing them to work with their own bank. Paul Wachholz made the motion: "On behalf of the KDC, recommend to the Kalispell City Council that the Commercial Rehab Loan Program be shared by the Kalispell banks that submitted a proposal per the July 5, 1995 RFP. The City will maintain a list of participating banks, and given to the applicants. The interest rate and loan limit to be established by the City Council." Motion seconded by Gordon Pirrie, and passed unanimously. Recommendations: As a way to increase the flexibility of the program by allowing the applicant to apply to the bank of their choice for the 3% loan, the City should establish the interest subsidy rate, and enter into -an agreement with those Kalispell banks that submitted a proposal. It is also recommended to maintain the existing $40,000 loan limit per applicant with a 5 year payback as has been adopted by the Architectural Review Committee for the past several years. fU:;�; r.JUSEIx> OPPORTUNITY iheCit�otKalispell Incorporated 1892 Planning, Economic & Community Development Department P.O. Box 1997 Kalispell, MT 59903-1997 Date: July 10, 1995 To: Larry Gallagher, PECD Director From: Ross Plambeck, Redevelopment Manager Subject: Request For Proposals/Commercial Rehab Loan Program Submittals: 248 Third Avenue East (406) 758-7740 (406) 758-7739 (office fax) (406) 758-7758 (City Hall fax) Eight banks were sent an RFP, sample draft Agreement and a 15 year summary Status Report. Six Kalispell banks indicated their interest in participating in the Commercial Rehabilitation Loan Program by submitting a proposal. As the table indicates below, there are a few variations in the proposals, but overall, they are all quite similar. PROGRAM INTEREST LOAN AMT NAME OF BANK AMOUNT RATE MAX TERM BankWest $400,000 9.50% $40,000 5 years First Interstate Bank $1,000,000 Prime +.50% $500 to $50,000 Up to 60 months Less than 36 months Prime + 1.0% (Loan Fee $150) More than 36 months First Security Bank $300,000 9.75% $25,000 5 years Glacier Bank $700,000 At prime as $200,000 5 years quoted in Wall Street Journal and fixed at time of closing for the term of the loan. Norwest Bank $400,000 10% $40,000 5 years Valley Bank $300,000 9.75% $50,000 5 years Whitefish Credit Union NO PROPOSALS SUBMITTED Security Federal DECLINED OFFER/NO COMMERCIAL LOAN OFFICER Comments on the Proposals: o The City will commit a fixed amount for one year of $100,000 to the program for interest subsidy. Two of the banks propose a variable rate tied to prime. While this approach will not affect the fixed 3% loan rate made to the applicant nor the monthly payments made, the variable rate will vary the actual Program Amount the bank will commit as interest rates fluctuate. o $40,000 is the current maximum loan amount. The proposals vary from $500 to $200,000. While the program has never had a minimum amount set, most loans are $5,000 and up. At the other end of the range, a $200,000 maximum would mean only 3 or 4 loans could be made each year. o First Security Bank's proposal commits $300,000 for principal loan amount. Based on their quoted interest rate and calculations, the City would expend $58,000 in interest subsidy. They make a suggestion that the remaining $42,000 be leveraged with another bank for additional loans. o Only one bank, First Interstate, included what the loan processing fee would be to the applicant. While the RFP didn't ask for those fees, the dollar amount may be an issue for further discussion. I would imagine the other banks may also charge a fee, and the amount could be significant to the program's overall success. It is extremely important that the integrity of the program be maintained. Any revisions to the program need to continue to achieve such positive results of leveraging capital, improving the appearance of downtown, extending the functionality of older buildings, and keeping the employment and tax base healthy in the CBD. The Commercial Rehabilitation Loan Program is nationally known and award winning for its tremendous success with a 10 to 1 leveraging ratio and positive acceptance by the merchants and property owners. Because the program initially began as a HUD Program for economic development, the Feds required an agreement with one bank to deposit the grant funds. Because the City now uses TIF money for the interest subsidy and no initial deposits are made, a greater amount of flexibility is available to the program. Over the past 15 years, many an applicant has asked if they could use their own bank for the 3% loan program. As the table shows, the proposals are all very similar, and maybe, as First Security Bank suggests, other banks could also participate. A.J. King at Valley Bank also suggested this approach in a telephone conversation last week. This Agreement made this day of , 1995 by and between Kalispell, Montana 59901, herein known as the "LENDER", and the City of Kalispell, a municipal corporation, herein known as the "CITY". The parties to this Agreement desire to achieve maximum benefit from the use of Tax Increment Funds available to the CITY through leveraging of these funds with funds made available by the LENDER. Parties Agree: I. The CITY SHALL: Commit a total sum of One Hundred Thousand Dollars ($100,000) to be used to subsidize the interest on bank loans provided by private lending institutions participating in the CITY's Commercial Rehabilitation Loan Program. The interest subsidy is intended to leverage and stimulate commercial lender participation and the private reinvestment in and redevelopment of commercial property located within the boundaries of the Kalispell Downtown Redevelopment Plan's Project Area and to encourage job opportunities. A. Prepay the interest subsidy to the LENDER for approved loans, which interest subsidy shall allow the borrower to fully amortize a commercial loan provided by LENDER charging a maximum loan rate not to exceed 9.5 percent annually for a loan term not to exceed 60 months. (Applicant's loan rate is 3 percent; therefore, the interest subsidy is 6.5 percent.) B. The CITY, through an Architectural Review Committee appointed by the Kalispell Development Corporation and approved by the Mayor and the City Council, will review and approve all applications meeting the goals and guidelines of Kalispell's Downtown Redevelopment Plan (Ordinance No. 933). C. The CITY's Planning, Economic and Community Development Department will be solely responsible for the preliminary applications for commercial loans. The Planning, Economic and Community Development staff will present all loan applications to the Architectural Review Committee with all documentation. D. The CITY shall make final determination of the applicant's eligibility to participate in the Commercial Rehabilitation Loan Program (through the 1 Architectural Review Committee) and notify the applicant of determination pursuant to Planning, Economic and Community Development Department guidelines. II. The LENDER SHALL: Following the intent of the Community Reinvestment Act, the participating LENDER will make interest subsidized loan funds available to eligible applicants only for qualified and approved improvements to real estate located within the Kalispell Downtown Redevelopment Plan commercial district. A. The maximum loan amount will be $40,000 for a five (5) year period. The maximum interest rate to be charged by LENDER will be 9.5 percent per annum for loans originated between July 1, 1995, and June 30, 1996. B. The LENDER will provide all credit investigations in regard to these loans and make all credit decisions as to credit worthiness. C. The LENDER will assure all concerned that the City of Kalispell will be held harmless for any and all losses which may occur as a result of this program. D. The participating LENDER agrees that there is a definite market for this type of commercial property rehabilitation/redevelopment loans and that they will greatly enhance the business community, particularly the aesthetics and safety of commercial real estate in the area. The LENDER can foresee that the provisions of these interest subsidized loans to commercial property owners and their tenants with a security interest in the real estate will be merely a start, as many of them will match or exceed the low interest loans with additional loans to be utilized for expansion or remodeling of commercial real estate . This in turn will create more jobs for the low and moderate income residents of the area and help create a healthier business community. E. The LENDER will service all loans, providing final processing, notification, closing, collection, and all other normal banking procedures. F. The LENDER'S loan file on these loans will be open to inspection for municipal auditing purposes. G. The LENDER will be entitled to collect those fees incidental and necessary to process the loan including title insurance, appraisals, recording and reconveyance fees, and loan closing fees. The loan closing fee shall not exceed $75.00 per loan application. All fees and costs are the responsibility 2 of the loan applicant and are not an eligible item that can be included in the loan. Ill. The CITY and the LENDER agree to the following: A. That the use of the committed funds will be used to subsidize the interest rate to the agreed upon rate. Upon loan closing by the LENDER, the LENDER will notify the CITY of the total amount of the loan and the interest subsidy on that portion of any loan qualified for the interest subsidy. The LENDER will submit a statement showing the loan amount amortized at both the 3 percent rate and the 9.5 percent rate to determine the interest subsidy dollar amount for the difference not to exceed 6.5 percent on the qualified portion of the total loan. The CITY will process a voucher for payment to the LENDER for the specified interest subsidy and forward it to the LENDER within two weeks of the date the request is received by the CITY. B. This Agreement shall remain in force for the period of the CITY's 1996 fiscal year (July 1, 1995 to June 30, 1996). C. Loans will be made on a first come, first served basis. Once the CITY has expended the total interest subsidy amount contained in their fiscal year budget, pending loans will have to remain pending until the CITY makes a determination whether to provide additional funds for the interest subsidy. ATTEST: Bruce Williams, City Manager City of Kalispell Bank Officer 3