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HomeMy WebLinkAboutExhibit 9PARROT JUNGLE SECTION 108 LOAN TERM SHEET 1. City will assume 80% of the outstanding principal and future interest under the Section 108 Loan commencing August, 2007. 2. Pursuant to a Note Modification Agreement, Parrot Jungle shall not be required to make any payments under its note in favor of the County (the "PJ Loan") from August 2006 through and including the payment due in August 2011 (the "Deferral Period). All payments due to HUD during the Deferral Period, totaling approximately, $17,277,000 (the "Deferred Amount") shall be made by the City and the County, with the City being responsible for 80% of such payments. A schedule of payments is attached. 3. The Note Modification Agreement will require Parrot Jungle to pay the Deferred Amount to the City and the County in 10 annual installments, commencing on the maturity date of the PJ Loan, and provided the PJ Loan has been fully paid. The Deferred Amount shall bear interest at the rate of 5% from the maturity date of the PJ Loan until paid and shall be secured by the same collateral securing the PJ Loan. . 4. In August 2006 the County made a loan to Parrot Jungle in the amount of $4,702,000. This loan represents all amount due by Parrot Jungle to the County under the PJ Loan (and paid by the County to HUD) through February, 2006. The County also made a loan/grant to Parrot Jungle, in the amount of $2.5 million, $1 million of which the County requires to be repaid. The County has agreed not to accept payment of these loans until after the PJ Loan has been paid in full. 5. The County has agreed to cure/waive all existing defaults of Parrot Jungle under the PJ Loan, except for the payment of $2 million toward the Zoo Aviary, which the County has agreed to defer until 2020. The County has further agreed to recommend a waiver of this obligation if the PJ Loan and the $4,702,000 loan described in paragraph 4 above, are fully paid by the year 2011. 6. Upon HUD's approval of the transaction (evidenced by HUD's execution of the Pledge and Assumption Agreement) the County shall have no recourse against the. City if the City fails to remit to the County 80% of payments due by the County to HUD. Instead, the City's obligations shall be enforced by HUD by a reduction of the City's CDBG allocation. 7. Parrot Jungle's obligations shall be further secured by a key man life insurance on Bern Levine and a Guarantee from Bern Levine in favor of the City and the County in proportion to each party's prorata share responsibility under the Section 108 loan. 8. The City will specifically waive satisfaction of 2 of the conditions precedent to the City's assumption of the Section 108 under the JPA (that the PJ loan must be current and that all PJ loan documents be assigned to the City). ors:Document 82512 1 Payment Date Total Payment 80 Percent (City) 20 Percent (County) August 1, 2006 $1,665,914 $1,332,731 $333,183 February 1, 2007 889,177 711,341 177,835 August 1, 2007 1,889,177 1,511,341 377,835 February 1, 2008 853,077 682,461 170,615 August 1, 2008 2,103,077 1,682,461 420,615 February 1, 2009 807,964 646,371 161,593 August 1, 2009 2,307,964 1,846,371 461,593 February 1, 2010 753,979 603,183 150,796 August 1, 2010 2,698,979 2,159,183 539,796 February 1, 2011 681,547 545,238 136,309 August 1, 2011 2,626,547 2,101,238 525,309 TOTAL $17,277,403 $13,821,922 $3,455,481