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Resolution 3981 - Approve Leveraging Agreement with First Federal104 RESOLUTION NO. 3981 A RESOLUTION APPROVING A LEVERAGING AGREEMENT NEGOTIATED BY THE PLANNING, ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT WITH FIRST FEDERAL SAVINGS BANK AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEVERAGING AGREEMENT. WHEREAS, the City of Kalispell through the Planning, Economic and Community Development Department is the recipient of certain income through the Tax Increment Funds, UDAG Program Income, Community Development Block Grant, and other federal and state programs; and WHEREAS, the City under Montana law and City ordinances is authorized to utilize income received and budgeted to leverage funds made available through financial institutions for commercial and residential development and re -development, and WHEREAS, the Planning, Economic and Community Development Department has in the past negotiated a Leveraging Agreement with First Federal Savings Bank providing for the administration of budgeted funds to be used for residential rehabilitation loans and grants, attached hereto as Exhibit "A" and thereby made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Leveraging Agreement negotiated by the Kalispell Planning, Economic and Community Development Department with First Federal Savings Bank (Exhibit "A") is hereby approved. SECTION II. That the City Manager is hereby authorized to execute said Leveraging Agreement on behalf of the City of Kalispell, provided that the funds so obligated for leveraging have been budgeted and set aside for that purpose. SECTION III. This Resolution shall take effect immediately upon passage by the City Council and approval by the Mayor. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 6th DAY OF May g91. Douglag D. Rauthe, Mayor ATT T: Amy H. Robertson Finance Director 1 EXHIBIT "A" 10 5 L E V E R A G I N G A G R E E M E N T This agreement made this 15th day of April 1991 by and between First Federal Savings Bank, 202 Main Street', Kalispell, Montana 59901, herein known as the "LENDER" and the City of Kalispell, a Municipal Corporation, herein known as the "CITY". The parties desire to achieve maximum benefit from the use of Community Development Block Grant funds available to the CITY through leveraging of these funds with funds made available by the LENDER. The purpose of this leveraging is to provide for rehabilitation of housing units located within the boundaries outlined on the attached map, marked Exhibit "A". Parties agree: I. The CITY shall: A. Deposit with "LENDER" the sum of One Hundred Thousand Dollars ($100,000.00) into interest bearing savings accounts for the purpose of: 1. Providing prepaid interest subsidies to the LENDER for approved loans. These subsidies along with the 3% interest rate charged to the borrower will equal an interest rate which will be set at 3% below the interest rate being charged by LENDER on similar type loans. The subsidy charged will be the difference between the loan rate and the 3% interest rate paid by borrowers on owner -occupied properties, or 6% interest rate by borrowers of non -owner occupied properties. 2. Interest -earned by the CITY on the loan guarantee account will be left in that account. Any interest that is earned on the interest subsidy account, loan processing account, and the grant account will also be transferred to the loan guarantee account. 1 Loan Guarantee Account (a) The sum of approximately Twenty -Three Thousand Five Hundred Dollars ($23,500.00) already deposited in a Certificate. Account No.01- 01017647 plus any interest earned from the Grant and Interest -Subsidy Account, the Loan Processing Cost Guarantee Account, and the Grant Account will be used to "buy back" loans made under this agreement whenever such loans have twice become delinquent for 90 days. Grant and Interest SubsidyiDelinguency Account: (b) The sum of One ($100,000.00) shall separate statement 5h% interest per interest therein sh subsidy and to Hundred Thousand Dollars be deposited by CITY in a account bearing the rate of annum. This sum and the all be used to pay interest cure the initial 90 day delinquencies. In the event of prepayment of the loan, LENDER shall rebate to this account the amount of the unearned interest. Upon the making of a loan, the subsidy (that is, the percentage rate of interest which is 6% below the current market rates as defined in A-1) shall be deposited immediately into a separate interest bearing account. Interest earned in this account will be credit to, and become an integral part of the loan guarantee account. 106 To effect such purposes, the CITY will pay from such account the sums necessary to being current any loan that has been 90 days delinquent. If the loan again becomes 90 days delinquent, the CITY, upon request, shall immediately purchase such loan from LENDER. All payments to be made from the above mentioned funds of the CITY on deposit with the LENDER. A. Be solely responsible for preliminary applications, inspections and cost estimates. B. Perform all work write-ups on the project and solicit invitations for bid on behalf of the borrower. C. Make final determination of the loan (through committee review) and notify the applicant of determination upon loan recommended by LENDER pursuant to Community Development guidelines. D. Retain responsibility for compliance with the lead -based paid regulations, the Department of Housing and Urban Development's noise Assessments and other requirements. II. The LENDER shall.: A. Make available for loans to eligible applicants approximately Two Hundred Thousand Dollars ($200,000.00) or such amount allowable in relation to the balance in the "Interest -Subsidy Account". In the event that the funds in the Interest -Subsidy Account should be depleted prior to the expiration of this agreement, CITY shall, at its own discretion transfer funds from the Grant Account into the Interest -Subsidy Account. LENDER then will make available for loans to eligible applicants, additional amounts allowable in relation to the balance in the "Interest -Subsidy Account". The maximum loan amount will be Twenty Thousand Dollars ($20,000.00) and shall be amortized according to the following schedule. Any exceptions to the schedule will be dealt with on an individual basis. AMORTIZATION SCHEDULE LOAN.AMOUNT TERM $1,000 2 years $2,000 3 years $30000 4 years $4,000 5 years $5,000 6 years $6,000 7 years $7,000 8 years over $8,000 10 years The interest rate on loans made to Owner Occupied loans will remain the same during the life of the loan. Non - Owner Occupied loans which are written for a term longer than 5 years shall be subject to an annual adjustment of interest rate during years 6-10. . The interest rate charged will never be less than that rate charged during years 1-5. If adjusted, the rate charged during years 6- 10 will be set at 3% over the yield on a one year U.S. Treasury security. If the rate is increased during years 6-10, the borrower will be responsible for any increase in interest rate, and their payments will be modified and increased accordingly. The CITY'S subsidy during years 6--10 would remain unchanged. B. Complete application to each property owner who is referred by the CITY, including credit reports; after` preliminary application, inspection and preliminary cost estimates by the CITY. 1 107 C. D. E. Make recommendations based on Community Development guidelines on each loan. Disburse funds to property owner and the contractor as agreed to in the contract and inspect percentage of completion for work having been performed. Cause waiver of liens to be obtained for labor and materialmen for work performed and authorized by LENDER and owner. III. The CITY and the LENDER will jointly: A. Review and select bids for construction. B. Review all loans. C. Inspect work in progress. D. Do final inspection before loan settlement. IV. LENDER shall make said funds available to the CITY immediately pursuant to the terms of this agreement. This AGREEMENT shall remain in force for a period of twelve (12) months from the date hereof, or until all funds are obligated, whichever date is the sooner. . V. All interest earned from the guarantee loan account will remain in the account. The guarantee loan account will remain active until such time as the LENDER releases the guarantee, but in any event said guarantee loan account shall be closed on July 1, 2002. VI. CITY and LENDER agree that HUD, or any of their duly authorized representatives have right to examine and audit all work data, documents, proceedings and activities related to all loans made under this agreement. FIRST FEDERAL SAVINGS BANK OF MONTANA r-B, 4ZCL= Pursuant to resolution by the City of Kalispell Bruce Williams, City Manager City of Kalispell, Montana ATTEST: Amy H Robertson TITLE: Finance Director