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HRA Regular Session 5. 1.
<br />Meeting Date: 06/25/2013
<br />By: Diana Lund, Finance
<br />Information
<br />Title:
<br />Request by Flaherty & Collins to Restructure Loan Agreement Pertaining to The Residence at The COR
<br />Background:
<br />The City of Ramsey - HRA has received a written request (attached) from Ryan Cronk of Flaherty and Collins
<br />(F &C) in regard to a proposal of restructuring the initial loan agreement per the Development Agreement that was
<br />entered into by F &C Ramsey, LLC ( "Developer "), F &C Ramsey Member, LLC ( "Borrower "), The Housing and
<br />Redevelopment Authority in and for the City of Ramsey, Minnesota (the "HRA ") and the city of Ramsey,
<br />Minnesota (the "City ").
<br />The requests proposes a restructuring of Note #2 ($6,916,000 debt issuance) in regard to the prepayment plan stated
<br />in Section 8.5 of Article VIII of the Development Agreement. Per Section 8.5 Prepayments: Borrower may
<br />prepay Loan #2, in whole or in part, at any time and, if in part, from time to time, during the term of Loan #2. All
<br />payments shall be applied first to the payment of accrued, unpaid late charges, then to accrued, unpaid interest, if
<br />any, with the balance, if any, applied to the reduction of principal. If Borrower prepays $2,000,000 or more on or
<br />before before the date 12 months after the date of the first disbursement of proceeds of Loan #2, the HRA shall
<br />forgive $250,000 of the principal amount of Loan #1 (TIF #1 loan of $1,420,000), such forgiveness to be effective
<br />as of the date Borrower has prepaid at least $2,000,000.
<br />To date, F &C has prepaid $500,000 (November 2012). To take advantage of the $250,000 "Forgiveness" towards
<br />Loan #1 F &C needs to pay $1,500,000 by July 16, 2013 (12 months after date of first disbursement of proceeds of
<br />Loan #2).
<br />F &C proposal is requesting that the Loan agreement be amended to allow a reduction in the prepayment amount
<br />that F &C is required to meet in order to receive the $250,000 "Forgiveness" on the principal amount of Loan #1.
<br />F &C's proposal is to reduce the required prepayment amount from $2,000,000 to $1,000,000 and thus reduce the
<br />received "Forgiveness" from $250,000 to $125,000.
<br />Notification:
<br />Written Proposal Request from Ryan Cronk of Flaherty & Collins, received June 11, 2013 and Summary of status
<br />of the two Loans with F &C.
<br />Observations /Alternatives:
<br />HRA Options:
<br />Accept F &C Proposal - Development Agreement and Loan Agreement will need to be amended. All legal and
<br />adminstrative costs should be paid by F &C. Makes a contribution towards reducing the outstanding principal on
<br />Loan #2. If $1M total proposal is accepted, the principal balance of debt will be reduced by $588,670 ($411,330 of
<br />accrued interest).
<br />Don't Accept F &C Proposal - The incentive was set at $2,000,000 as F &C only had $1M in their own equity in the
<br />project. The $2m prepayment incentive was created to reduce the city's liability and risk. Concern over setting
<br />precedence. E.g., Will other contracts ask to be re- opened /amended? By not meeting the incentive date, F &C
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