HomeMy WebLinkAboutR-91-0910ap
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J-91-860
10/21/01
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RESOLUTION NO•
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO PREPARE AND SUBMIT AN
APPLICATION TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD"), IN
SUBSTANTIALLY THE PORN! ATTACHED AND
ACCEPTABLE TO THE CITY ATTORNEY, FOR A $2.4
MILLION LOAN UNDER THE HUD SECTION 108
PROGRAM FOR THE PURPOSE OF REFINANCING A
PRIVATE DEBT EXTENDED TO THE MIAMI RIMER INN
PROJECT; FURTHER DIRECTING THE CITY MANAGER
TO BRING THE HUD APPROVED LOAN BACK TO THE
CITY COMMISSION FOR FINAL APPROVAL TO
DETERMINE ADEQUACY OF COLLATERAL PROPFERED TO
THE CITY BY THE OWNER OF THE MIAMI RIVER INN
PROJECT.
WHEREAS, the City of Miami is committed to assist
private investments that will create new jobs and remove slum and
blight in the designated Community Development Target areas; and
WHEREAS, the Miami River Inn project ("Project") is a
privately initiated effort, trying to revitalize a number of
historically significant buildings, and converting them into
apartments and a bed and breakfast house; and
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WHE1 E�,5, the RIX has recalled the loan and is hOt
offfarinq any alternative refinancing plans;
WHP.R9AS, the project attempts to rOfinanoe its' hain
obligation -with the ,RTC has not generated any interest from OVOr
twenty local"and out of town financial institutions; and
WHEREAS, the RTC is planning to initiatO .the
foreclosure proceedings. in case the loan is not paid by the due
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date;
WHEREAS, it is to the City's interest' to see this
private effort succeed and expand; and
WHEREAS, the ,United States Department of Housing 'wand
t ban'Development has established the Section 108 Loan program to
,
assist projects located in the Community' Development- target
areas; and,
WHEREAS, repayment of the HUD Section 108 Loan shall be
made by the;revenues';generated from the lProject.
WHEREAS, the City will use its future Community
Development Block Grant allocations as 'collateral for the said;
loan; and
WHEREAS; the owner of the Project will'pledge personal
assets as _ collateral to the City in: the event, of default on;`the
loan;
NOW, THEREFORE, BE IT RESOLVED' BY THE COMMISSION OF THE
CITYYOF MIAMI,'FLORIDA:
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SECTION 1 The City Manager is hereby authorized.tlo
prepare and submit an application, in substantially the fo�n
attached and eeptabl-e to the City Attorney, to the United
Stites Department of Mousing and Urban Developiment for.. a 166n
under the HUD Section 108 program in an amount not to exceed $264
million for the purpose of refinancing a private debt extended to
the Miami river Inn Project.
SECTI01� .Z . The -City Manager is hereby, further directed
to bringthe MUD approved loan back to the City Commission 'for
final approval to determine the adequacy of the collateral
proffered to the City by the owner of the Miami River Inn Project'
in the event of default of the loan.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 5th day of
December
, 1991.
MAYOR
XAVIER L.-S E ,
ATTEST:
COMMUNIT E'tl
NT REVIEW
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MAT Y URAI, CITY CLERK
FRIMK'CASTANEDA,
DIRECTOR
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�LJl3 i Ate REVIEW
AND APPROVALFINANCIALRNVISW ANCI APPROVAL
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LIN A K. KE SON
CITY AT 0 EY
ASSISTANT CITY ATTORNEY
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Applic&tiont
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city of Miami, Plotida
Section 108 than Guarantao Application `.
Miami River Inn p rojoct
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Applicants City of Miami., Florida, a municipal}#
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corporation _ a
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Amount of Funds 3
Loam Repaymenti s interest only during first three years, '
payable semiannually; principal and
interest:during years four through ten,
payable semiannually, at the interest x,
rate specified by US HOD pursuant to its
offering
National Objectives: Creation of 60 full-time equivalent
jobs, of which at least 75% ,woul& be f`s
low -toy -moderate income persons
570,702 (b)(2) Prgct Deseion: The City of Miami ( "Applicant") pro--
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poses to use the $2,400,000 of Section 108 loan fund to refinance r
a $2,000,00..construction loan originally extended by a private
financial institution to the Miami River Inn ("Project' and a,
new loan for $400,000 toward the completion of a restaurant which
is an integral part of the overall development.
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The Magic City Enterprises ("Partnership"), owner of the project, {k'
is.a. general Florida partnership that ;obtained a loan from Firsa
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Investor's:of Florida ("Lender") for the ,purpose of developing'
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fifteen'units_of residential apartments, forty -room bed and
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breakfast house and a,supporting restaurant. The project is., 4'
located in the East little Havana CD target area, along the Miami {
River. The project location.'also:falls in the State of Florida r'f
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Enterprise Zone.
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The Project has been in existence forfiveyears. To date all
residential apartments are completed and occupied, the forty. unit
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bed and breakfast house has been` completely renovated and is ?vr
currently in use. Site acquisition and some of the renovation;
work for the restaurant have been done, nevertheless additional ;' {r�
ry 3
Funding is necessary for completion.
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The lied for the` financing o� the
original loan agreement ca
including the restaurant. the ier�der.00nsid
nti a d0vel6'pment
Bred the `pos6ibill of converting the
cofistructio�t lcsan t� a
riiortgage, ne��a the less, the Atesoldtion Trust corpctatidn { " t' �'!
f infindial institution and Is seeking red a�tient
has taken over the ,
of the entire, lean.
The Partnership has contacted over twenty five financial iinstitu�-
tions to refinance the loan, however in light of the current
new regulations, the project
crises in the, banking industry and
has not received any interest fromany
of the financial instituW
tions to ``date .
The proceeds of the'proposed'108 Loan
the'RTC
will be'used to; 1) pay off
and 2) finance. the comple-
the outistanding;'$2 million :to
tion of the "restaurant 'that will play
a key role for the . overall
sdccess`.`of project.
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city Of nami.t Florida
3@ctLon l08 toani Guarantee Application
Miami River Rift Pro jeCt
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Page 5
14¢tid,Y�ni�itt.. Schedul : The
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Applicant's loan to the Partnership stipulates a ten (10) year
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term from date of disbursement, interest only for the first three
yearn, payable semiannually at the rate of interest specified by
US HUD. For the years four (4) through ten (10), interest and'
principal payments amortized for six (year) period, payable
quarterly at the same initial interest rate specified by US HUD.
In the event that the Partnership repays the loan prior to the
end of the tenth year, the Applicant proposes to utilize the
Sect -ion 108' Iran fun:is in a revolving loan fund for other eligi-
ble community redevelopment projects.
The interest and principal payments for the Section 108 Loan w'11
be paid by thn Partnership; or by subsequent partnerships, corpo-
rations, persons if applicable. The applicant reserves the right
to pay interest as well as principal payments from any other
source of funds available at the time. Additionally, the Appl-
cant reserves the right to acquire the assets of the Partnership,
through foreclosure:if necessary, and to liquidate the same in
the event of a default on the Partnership's loan, and to utilize
`
the proceeds of the liquidation sale to repay if any other source
of funding engaged to make interest and/or principal payments.
Any deficiency which may result shall be pursued by the Applicant-
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aga�inst.the Partnership` under the terms of the Loan Agreement b
and between the Applicant and Partnership.
Community Development Block Grant ("CDBG") funds serve only as
the guarantee to the US HUD. The'Applicant does not intend or"
•
expect -to utilize CDBG funds for interest or'principa'1 payments
for repayment of'the Section 108 Loan. The Applicant has:re-
viewed the project' request and, based upon, the information:pres-
ently available, believes* that the proposed loan is- appropriate
to, further'the redevelopment efforts of the Applicant in the East
Little Havana Community Development; Target Area.
Applicant shall obtain a first lien (mortgage) on ttie building:'
improvements, furniture,fixtures, equipment, ,and: inventor y.
'located° ,upon the premises now and' during the loan term as secure-
ty for its loan.,
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city of Miami. t Florid&
Section 10g toast Guarant+ae Application
�tia�t diver lrttt P'rc��+aot
`Page 5
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57010261612 -'. r' posod Ropttytnent.cmd Repayment Sthgo ult The
.,.
Applicant's loan to the'Partnership stipulates a ten (10) year
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term from dat:- of disbursement, interest only for the first three
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years, payable somiainnually at the rate of interest specified by
US HUD. For 'the' 'years four (4) through ten (i0) , 'interest and
principal payments amortized for six (year) poriod payable
quarterly at the 'same initial interest rate specified by US HUD.
In the event that'the Partnership repays the loan prior to the
end of the tenth year, the Applicant proposes to utilize the
Section 108 roan funds in a revolving loan fund for other eligi-
ble community redevelopment projects.
The interest and principal payments for the Section 108 Loan will
'
be paid by thn Partnership, or by subsequent partnerships, corpo-
rations, persons if applicable. The applicant reserves the right
to pay interest as well as principal payments from any other
source of funds available at the time. Additionally, the Appli-
cant reserves the right to acquire the assets of the Partnership,
through foreclosure i.f necessary, and to liquidate the same in
the event of a default on the Partnership's loan, and to utilize
the proceeds of the liquidation sale to repay if any other source
of funding engaged to make interest and/or principal payments.
Any deficiency which may result shall be pursued by the Applicant
against the Partnership under the terms of the Loan Agreement by
and between the Applicant and Partnership.
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Community Development Block Grant ("CDBG") funds serve only as
the guarantee to the US HUD. The Applicant does.not intend or
expect to utilize CDBG funds for interest or principal payments
for repayment of the Section 108 Loan. The Applicant has -re-
viewed the project request and, based upon the information pres-
ently available, believes that the proposed loan is appropriate
to further the redevelopment efforts of the Applicant in the East
Little Havana Community Development Target Area.
Applicant shell obtain a first lien (mortgage) on the building`
improvements, furniture, fixtures, equipment, and 'inventory,
located upon the premises now and during the loantermas securi-
ty for its lean.
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City of Miami, Florida
Section 108 Loan Guarantee Application
Miami River Inn Project
Page 4
ontpliartcc .mWi 10-208 _• Jobs 0-datio,t: The Partnership has indica-
ted that the Proposed completion of the restaurant resulting from
the financial assistance.being provided by the Applicant will
3
create approximately60 full -time jobs, primarily benefiting low-
to -moderate income persons. in order to meet the national
objective of creating the jobs to benefit low=to-moderate income
persons, the Parrnermhip will work closely with local nonprofit
job placement agencies such as Private industry council, city of
Miami Neighborhood Jobs Program, etc.
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