CR 05-016 Lien Subrodination - Meadow Creek
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CITY Op
January 11, 2005
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NOPKINS
Council Report 2005-016
REQUEST FOR LIEN SUBORDINATION - MEADOW CREEK CONDOMINIUMS
Proposed Action
Staff recommends adoption of the following motion: Move to approve a request to
subordinate the Citvof Hopkins' lien on Meadow Creek Condominium assets for the
purpose of financinq window and patio door replacements.
With this motion staff will work with the Meadow Creek Association and their lender in
executing a subordination(s) of the City of Hopkins' lien on Association assets.
Overview
In 1995 the City of Hopkins provided Meadow Creek condominium owners with
financing to make common area improvements through the creation of a housing
improvement area. As security against default, the City of Hopkins required a first
position lien on Association assets.
Recently, the Meadow Creek Association developed a program to provide financing to
owners for window and patio door replacement. Under the program, the Association
coordinates a group purchase and installation of windows and patio doors resulting in
cost savings. The owners pay for the improvements up front or finance the
improvements through the Association. The Association would like to secure a private
loan to replenish Association money used for this financing program, however, the
lender is requiring a lien on Association assets ahead of the City of Hopkins' lien, and
has requested a subordination.
The collection of housing improvement area fees has been adequate and staff feels
there has been enough history to feel confident that collection will continue to be
sufficient. In addition, staff feels there is benefit in continuing to improve the property
through the window and door replacement program, Therefore, staff is recommending
the request for subordination of the City's lien position be granted.
Primary Issues to Consider
. What is the status of the Meadow Creek bond issue?
ek Condominium Association representatives
ent Coordinator
Financial Impact: $_0 Budgeted: Y/N
Related Documents (CIP, ERP, etc.):
Notes:
Sou rce:
CR 05-016
Page 2
Primary Issues to Consider:
. What is the status of the Meadow Creek bond issue?
The original bond issue for this project was $815,000 and the current balance is
$510,000. It is very likely that all debt will be retired early (originally scheduled for 2012)
as the City has been able to pre-pay the principal and are paid through the 2005
payment. In addition, there is a reserve fund balance of $299,324. There have been no
significant collection issues to date,
The City Finance Director has reviewed the request and is comfortable with
subordinating our lien position for the proposed purpose.
Alternatives:
The City Council has the following alternatives regarding this issue:
· Grant the subordination request as proposed.
· Limit subordination to only those funds already lent to owners (approximately
$47,000)
· Elect not to grant the request.
Meadow Creek
Condominiums
823 Old Settlers Trail, Suite 101 · Hopkins, MN 55343
(952) 935-9565
Fax (952) 935-9269
E-mail: office@meadowcreekcondos.com
August 17, 2004
Ms,}CerstenElverum
Housing and Development Coordinator
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Re: Request for Lien Subordination
Housing Improvement Area No. 1
Dear }Cersten:
Please accept this as the formal request of Meadow Creek Condominiums that the City of
Hopkins subordinate its lien on the assets of the Association to the lien of a banle
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The purpose of the bank loan would be to finance the replacement of unit windows and
patio doors for individual Meadow Creek owners. The Association has currently made
approximately $47,000 of loans to Meadow Creek owners to finance window and door
replacements, and the Association would like to replace the funds that it has committed to
these loans with a bank loan. From the inquiries that the Association has made with its
primary bank, Western Bank, the bank will require a first lien on the assets of the
Association in order to make a loan to the Association.
As background, Meadow Creek's window and patio door replacement program works as
follows:
1. The Association found that by purchasing replacement windows and patio doms
for a large group of owners at the same time and by making the replacements in
the middle of the winter, savings of 40% or more could be realized.
2. On this basis, the Association began a group purchasing and installation program
in the winter of 2002-03 and repeated the program last winter. Approximately
II % of the units have now had their windows and patio doors replaced.
3.
Owners can pay for the cost of the windows and patio doors up front, or the
Association will loan them the amount of that cost. The loans are for 5 years at an
interest rate one percent higher than the bank interest rate for a 5-year, ,fixed-rate
loan. '
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Managed by Dunbar Strandness, Inc.
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N'lEMRI":R
OPPORTUNITY
4. The Association's loans are secured by an assessment agreement. The form of
agreement (copy enclosed) was developed by the Association's legal counsel.
Under the terms of the agreement, an owner agrees that the cost of the window
and patio door replacements represents an assessment by the Association on the
owner's unit. If the owner does not pay, the Association can then foreclose on
this assessment, a much simpler process than foreclosing on a mortgage.
5. In addition to the assessment agreement, an owner is also required to agree to
automatic loan payments, With this agreement, the Association is able to deduct
the loan payments from the owner's bank account on a set day each month,
As indicated above, the Association would like to obtain a bank loan of approximately
$47,000 to finance the portfolio of loans that it has made to individual Meadow Creek
owners. In addition, the Association expects to continue with the group purchasing
program for windows and patio doors, and the' Association would like the option of
financing the loans made to individual owners with a bank loan. The Association would
like the general agreement of the City to subordinate its lien to a lien or liens for the
purpose of financing window and patio door replacements. However, it is certainly
acceptable to the Association if the City would like to limit its agreement to the currently
outstanding amount and then consider extending its agreement to future amounts on an
annual basis.
Please let me know if you have any questions or need any additional information. Please
let me know how long you expect that it will take for the City to consider and respond to
this request.
Thank you for your consideration,
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Douglas . Strandness
Property Manager
cc. Board of Directors
ASSESSMENT REPAYMENT AGREEMENT
This Assessment Repayment Agreement ("Agreement") is made and entered into this
22th day of December, 2003 by and between, Meadow Creek Condominiums alk/a Westbrooke
Condominium Association, a Minnesota non-profit corporation ("Association"), and
("Owner").
(PLEASE PRINT NAMES OF ALL LEGAL OWNERS\
WHEREAS, the Association is responsible for the administration of the common interest
community legally known as Westbrooke Condominium including all of the units therein
("Complex"); and
WHEREAS, the Owner is an owner of a unit commonly: known as
No. _ Hopkins, MN 55343 ("Unit") within the Complex; and
(PLEASE PRINT ADRESS OF UNIT]
WHEREAS, certain window sash and/or patio door components of the Unit require
repair and replacement by installation of new window sash and/or patio door components. It
has been determined by the Association, that the Owner is responsible for payment of certain
sums associated with the repair and replacement of the window sash track, the patio door and/or
related components on the Unit. The Association will provide for the repair and replacement of
these components, but the costs thereof will be paid by the Owner. In conjunction with this
Agreement, the Association has properly levied an assessment as described below against the
Owner and the Unit with respect the costs of this repair and replacement ("Assessment"); and
WHEREAS, the Owner desires that the Assessment be repaid over time in accordance
with the terms and conditions hereof and the Association has agreed to such repayment terms
provided that the Owner strictly complies with the terms hereof.
NOW, THEREFORE, for one ($1,00) dollar and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as
follows:
1. Each of the above recitals is true and correct and is herein incorporated by this reference.
2. The Assessment with respect to the Unit is:
Dollars. The Assessment is effective as of the first day of
and~ 100 ($
,2004.
)
3. The Assessment shall be repaid as follows: The balance of the Assessment shall be paid in
monthly installments of and 00/100 ($ ) Dollars per month
(including interest and principal) beginning on the 5th day of , 2004 and
continuing on the same date of each month thereafter until the Assessment has been paid in
full. The Assessment shall bear interest at the rate of seven-and-one-half (7.5%) percent per
annum until paid in full.
4, The monthly installments shall be paid through the automatic payment program of the
Association. The Owner agrees that the Owner shall sign the automatic payment agreement
and provide the required documentation, so that monthly installments can be collected in
this manner. If any installment of the Assessment is not collected by the Association by the
fifth (5th) day of each month in which it is due, the Owner and the Unit shall be assessed a
late fee in the amount of $15 for each late Assessment installment along with a penalty in
the amount of $15 for non-sufficient funds. The Owner agrees that if any installment of the
Assessment is not collected by the Association when due, using the automatic payment
program of the Association, the Owner shall immediately take whatever steps are necessary
to immediately ensure that monthly installments plus the late fee and penalty can be
collected by the Association, or the Owner shall immediately pay the remaining balance of
the Assessment in full.
5. The entire remaining balance of the Assessment and any and all related interest, fees,
assessments or charges shall be due and payable in full on March 5, 2009.
6. The entire remaining balance of the Assessment including accrued but unpaid interest, fees,
assessments or charges shall be due and payable upon any sale or other conveyance of the
Unit or upon the Owner's failure to pay when due any other assessments, including annual
or special assessments, fines or other charges that may be owing to the Association. In the
event of such a failure to pay when due, the Association may accelerate all balances owing
to the Association including the Assessment amounts described in this Agreement in
accordance with Minnesota Statutes 9 515B.3-115 (h).
7. Notwithstanding the foregoing to the contrary, however, the Owner's successors in interest
may assume the personal obligation to pay the Assessment, provided that the Association
consents in writing and in advance of the assumption. Prior to granting its consent,
however, the Association shall require the execution of an Assessment Repayment
Agreement by the successor(s) in interest and further shall require that the Owner or the
Owner's successor in interest pay for all related paperwork including the Association's
reasonable legal fees and costs, if any. Moreover, the Association through its Board of
Directors, or its designee, in the sole discretion of the Board of Directors, shall approve each
successor's financial ability to pay the Assessment prior to granting its consent. The Board
of Directors may withhold its consent to an assumption for any reason,
8. All the terms of the Agreement shall be binding upon and inure to the benefit of and be
enforceable by the successors, heirs 'and assigns of the parties hereto.
9. This Agreement is being executed in and is intended to be performed in the State of
Minnesota, and shall be construed and enforced in accordance with the laws of such state.
10. This instrument contains the entire agreement between the parties, with respect to the
covenants and promises contemplated herein, and may be amended only in writing, signed
by the parties. Notwithstanding anything to the contrary herein, it is acknowledged that
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the Association has certain rights of collection of the Assessment under the Declaration for
Condominium, Westbrooke Condominium, which has been filed against the Unit
("Declaration"). The Owner acknowledges that the Association shall be entitled to collect
the Assessment pursuant to the terms of the Declaration and Minnesota law. In the event of
a default hereunder, the Association at its sole option may pursue any of its available legal
or equitable remedies with respect to sums payable by the Owner. The parties hereto
expressly agree that notwithstanding anything to the contrary, however, the terms of this
Agreement shall supercede any conflicting terms of the Declaration.
11. If any of the terms hereof prove to be invalid or unenforceable under any of the laws of the
State of Minnesota, said invalidity or unenforceability shall not affect the validity or
enforceability of any of the other provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
ASSOCIATION:
MEADOW CREEK
CONDOMINIUMS, a/kla
Westbrooke Condominium
Association, a Minnesota
non-profit corporation
By:
Its:
OWNER:
Owner
Owner
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