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CR 92-228 Suboridination Agreement ~ . November 4, 1992 \ "( y 0 G '" ~ ,y " o P K \ ~ Council Report 92-228 SUBORDINATION AGREEMENT Proposed Action. staff recommends the adoption of the following motion: "Move to atlprove execution of a subordination agreement between the City and Harold/Gerald steile." Adoption of this motion will allow staff to execute a subordination agreement between the City and Harold/Gerald Steile. overview. In 1987, Harold and Gerald steile borrowed $50,000 from the City under the City's Commercial Rehab. Loan Program for improvements to 804-808 Mainstreet. (Broadway Pizza) Presently the principal amount of that loan is $33,339.00. The remaining $33,339.00 Commercial Rehab. Loan is secured by a 2nd mortgage on the property, behind an existing 1st mortgage of approximately $70,000. The present request is for the city to subordinate it's position to $86,000. The request is a result of refinancing of the . property. Over the past 5 years the Steile's have completed additional improvements to the property by collateralizing these improvements with other properties which they own. Now that they are undertaking a refinancing of 804-808 Mainstreet, they wish to payoff debt borrowed against those other properties, and roll it all into a 1st mortgage on 804-808 Mainstreet. Primary Issues to consider. o What additional amount of debt is the city subordinating to? o Would this loan still qualify under our current program guidelines? o What are the loan terms? ~5~- Paul T. steinman Community Development Specialist Subordination Agreement . steile Page 2 Analysis of the Issues. Based on the above information the HRA has the following issues to consider: o what additional amount of debt is the city subordinating to? Currently the city's $33,339.00 loan is secured by a 2nd mortgage behind a 1st mortgage of approximately $70,000. The steile's are now requesting the city subordinate it's $33,339.00 loan by a 2nd mortgage behind a 1st mortgage of $86,000. Upon subordination, the city would be in a 2nd position behind an additional $16,000. Staff has reviewed an appraisal of the property which was completed in August of 1992, which indicates a value of $175,000. The financing breakdown would occur as follows: o o $86,000 $33.339 1st position (bank) 2nd position (City) $119,339 Total mortgages on the property $175,000 Appraised value .Total mortgages on the property equal 68% of the value. o Would this loan still qualify under current program guidelines? The steile's would still qualify under our current loan program guidelines. state Statute requires that the amount borrowed against the property can not be greater than 80% of the value of the property. As explained above, total loans on the property will be only 68% of the value of the building, which is well within the state requirements. For this reason staff feels the loan is in a secure position. Staff has also reviewed steile's past payment history and found no delinquencies since the loan was made in July of 1987. o What are the loan terms? The loan terms will remain the same as they are currently. Original amount of the loan was $50,000. The interest rate is 6%, and the loan is to be paid off in 1999. Current principal balance is $33,339. Alternatives. Based on the above information, the Council has the fOllowing alternatives to consider: . 1. Adopt the motion as presented by staf~. 2. Deny the motion. 3. Continue for further information.