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<br />In a normal market, banks might be willing to lend LCOG additional funds based on LCOG’s cash flow; <br />but in this restricted credit environment, banks do not want to lend beyond 80% of the real estate value. <br />For the purchase of the Schaefers Building in 1993, where LCOG found itself in a similar situation, <br />Lane County issued revenue bonds as a source of financing. The approach worked well and was an <br />efficient method for LCOG to secure the loan. The proposed City guarantee of the Park Place Building <br />improvement loan is a similar arrangement, although the City is providing a guarantee rather than <br />borrowing the money itself. <br /> <br />Under this agreement, LCOG will borrow $550,000 over a 10-year period through a private placement <br />bank loan. LCOG will fund a reserve in the amount equal to one-year of principal and interest payments <br />at the time of closing on the loan, which is equal to about $70,000. If LCOG makes all of its debt <br />payments on time, the City will not have to do anything. <br /> <br />If LCOG fails to make payments on the loan, and, as a result, the debt service reserve account is <br />emptied, the City will be required to re-fill the reserve account. The timing on the notification is such <br />that the City will be able to consider which funds to use to make the payment during its annual budget <br />process. The initial place to look for funding for fulfilling the loan guarantee would be the Urban <br />Renewal Agency’s Downtown Revitalization Loan Program. If there are not sufficient funds in that <br />program, the City will need to identify other funds. Any funds advanced by the City will become a <br />secured loan to LCOG, which will need to be repaid with interest. <br /> <br />The collateral for the loan guarantee are positions on LCOG’s real estate. The Park Place Building is <br />assessed at $7.2 million with available equity of $1.7 million. LCOG also has approximately $1.1 <br />million in available equity in the Schaefers Building. Both properties will be pledged as security for the <br />loan guarantee, along with a UCC filing on LCOG’s equipment and an assignment of rents in the same <br />properties. <br /> <br />LCOG has agreed to pay the City’s out-of-pocket costs for entering into the loan agreement and has <br />agreed to partially compensate for the staff time spent on this transaction by providing the City with 10 <br />hours of LCOG staff assistance on grant-writing projects. <br /> <br /> <br />RELATED CITY POLICIES <br />The City’s debt policies do not contemplate this type of situation. <br /> <br /> <br />COUNCIL OPTIONS <br /> <br />The council may choose to approve the loan guarantee or not approve the loan guarantee. If the council <br />chooses to not approve the loan guarantee, LCOG will not be able to close on a loan to fund the Park <br />Place Building improvements prior to the end of the fiscal year. This may result in an audit finding for <br />LCOG on its annual financial report. <br /> <br /> <br />CITY MANAGER’S RECOMMENDATION <br /> <br />The City Manager recommends approval of the resolution. <br /> <br /> Z:\CMO\2009 Council Agendas\M090511\S0905116.doc <br /> <br />