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HomeMy WebLinkAbout13-015 CDBG Loan Taylor Made LLC Resolution 13-015 Pagel of 3 RESOLUTION NO. 13-015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, WASHINGTON AUTHORIZING EXECUTION OF DOCUMENTS AND DISBURSEMENT OF FUNDS FOR A LOAN OF COMMUNITY REDEVELOPMENT BLOCK GRANT FUNDS PURSUANT TO RESOLUTION NO. 09-012 OF THE CITY OF PORT TOWNSEND TO TAILOR MADE, LLC WHEREAS,the City Council for the City of Port Townsend previously authorized Resolution 09-012, establishing the terms and limits for certain loans of Community Redevelopment Block Grants for sidewalk improvements and other improvements to historic properties in the City; and; WHEREAS, pursuant to Resolution 09-012, the minimum loan amount is $1,000 and the maximum loan amount is $40,000; and WHEREAS,the Community Redevelopment Block Grant Fund currently contains in excess of$47,000.00; and WHEREAS, the Community Redevelopment Block Grant Fund is a revolving loan fund intended to encourage downtown reinvestment and rehabilitation, preservation, and restoration of historic properties; and WHEREAS,TAILOR MADE, LLC, a Washington Limited Liability Company, hereinafter referred to as `Borrower,"has applied to the City's Main Street Redevelopment Loan Fund Committee("Committee") for a loan in the amount of$18,933.00 for replacement of the roof of the Terry Building located at 923 Washington Street in Port Townsend, Washington; and WHEREAS, for the purposes of full disclosure, the manager and "owner" of TAILOR MADE, LLC is David Peterson, the City Engineer; and David Peterson having previously discussed this matter with City Manager David Timmons and City Attorney John Watts, whose opinion was that since the HUD loan committee makes an independent recommendation concerning the approval of any HUD loans, this would avoid the appearance of any conflict of interest given David Peterson's position as both an employee of the City and a HUD loan applicant; and WHEREAS, the Committee has reviewed the application by Borrower for funds for qualifying historic restoration projects and the members present unanimously approved the request as being consistent with Resolution 09-012 (noting that Mark Cole was excused so as to avoid any potential conflict of interest, due to his being a tenant in the Terry Building); and WHEREAS, the City Council has reviewed the loan proposal previously approved by the Committee, and the terms of the loan, Resolution 13-015 Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Townsend that a loan of Community Redevelopment Block Grant Funds in the amount of $18,933.00 to Borrower pursuant to the terms of Resolution 09-012 is hereby approved, subject to the following conditions: 1. Funds shall be disbursed by the City Finance Department/Director upon completion of construction after verification to the City's satisfaction of the amounts expended and satisfactory completion of the work. Borrower shall present receipts and other evidence of expenditures to the City Finance Department/Director to support disbursement of the funds. 2. Interest at the rate of 5 percent per annum shall accrue upon all funds disbursed from the date of disbursement. 3. The loan transaction shall be in accordance with a Truth in Lending Disclosure Statement, Promissory Note, Deed of Trust, and such other documents necessary to close the transaction, in a form approved by the City Attorney. 4. Borrower is required to provide title insurance in the amount of the loan in favor of the City. 5. The Promissory Note shall provide for annual payments beginning 6 months after disbursement of the loan proceeds, in self-amortizing payments, together with interest at the rate of 5 percent per annum, payable in full within 10 years. 6. Interest charges shall be rebated as follows: a. all interest charges will be rebated for loans paid off within 12 months of date of recorded lien; b. all interest charges in excess of 1 percent will be rebated for loans paid off within 24 months of recorded lien; c. all interest charges in excess of 2 percent will be rebated for loans paid off within 36 months of recorded lien; d. all interest charges in excess of 3 percent will be rebated for loans paid off within 48 months of recorded lien; e. all interest charges in excess of 4 percent will be rebated for loans paid off within 60 months of recorded lien. BE IT FURTHER RESOLVED, the City Council authorizes the City Manager to execute any and all documents necessary to close the loan, and the City Finance Director shall issue the City's warrant or warrants for the loan from the Community Redevelopment Block Grant Fund account for the total amount of$18,933.00. Resolution 13-015 Page 3 of 3 ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 6th day of May 2013. David King, Mayoli Attest: Approved as to form: -V Pamela Kolacy, MMC JohnP. Watts City Clerk City Attorney