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2D. Authorize Agreements to Continue Bank Participationto: Clarence Krepps, City Manager from: Ross Plambeck, Redevelopment Manager" subject: Agreements for Bank Participation in Commercial Rehab Loan Program date: August 28, 1996 Seven Kalispell banks have responded to the City's request for participation in the loan program for FY97. Six of the banks participated last year and Montana First has submitted an agreement now that they have a charter. The banks wanting to participate are: Bankwest First Interstate Bank First Security Bank of Kalispell Glacier Bank Montana First Bank Norwest Bank Valley Bank The language, rates and terms of the participation agreements are the same as last year: $40,000 maximum loan at 3% with a 5 year payback. The banks rate is set at 9.5%; therefore, the City will subsidize 6.5% on the loans. A sample agreement is attached for reference. FY96 was a productive year for the program with the following statistics: Number of Loans: 14 Loan Amount: $277,073 Interest Subsidy: $50,693 Total Private Investment: $581,306 Leverage Ratio: 1147% In addition, there are five loans pending authorization of the new agreements. Recommendation: At the September 9, 1996 meeting, please request the City Council's authorization for you to sign the agreements. Thank you. FTt'300131k This agreement Is made this day of , 199___, 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 the sum of One Hundred Thousand Dollars ($100,000) to the total rehabilitation loan program to be used as interest leveraging to stimulate the economy, encourage job opportunities in the Commercial and Central Business District in the Kalispell Downtown Redevelopment Plan. A. Provide prepaid interest leveraging to the LENDER for approved loans, which subsidy shall be paid to provide the LENDER a return of 9.5 percent upon such loans. (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 of Kalispell'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 fmal determination of the loan's eligibility (through the 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 LENDER will make funds available for the principal for improvement loans in the Kalispell Downtown Redevelopment Plan commercial district to eligible applicants. A. The maximum loan amount will be $40,000 for a five (5) year period. The present rate of interest will be 9.5 percent. B. The LENDER will handle all credit investigations in regard to these loans and make all credit decisions as to credit worthiness. C. The LENDER will ensure all concerned that there will be no losses incurred on behalf of the City of Kalispell, Montana. D. The LENDER in participating in this loan program agrees that there is a definite market for these type of loans and that it will greatly enhance the business community, particularly in the aesthetic and safety areas. The LENDER can foresee that these moneys to various businesses will be merely a start, as many of them will match or exceed the low interest loans with other loans to go for expansion or remodeling. This in turn will create more jobs for the low and moderate income person for a healthier business community. E. The LENDER will service all loans to the final processing, notification, closing, collection, and all other normal banking procedures. F. The record 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 575.00 per Ion aRpligation, All fees and costs are the responsibility of the loan applicant and gfg i1 an eligible item that can be included in the loan. III. 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 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 of 6.5 percent. The CITY will process a voucher for payment to the LENDER for the specified interest subsidy and forward it to the LENDER. B. This Agreement shall remain in force for the period of the City's 1997 fiscal year (July 1, 1996, to June 30,1997). 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. Clarence W. Krepps, City Manager City of Kalispell Bank Officer ATTEST: