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R18-111 1 RESOLUTION NO. R18-111 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER OR 5 DESIGNEE TO SIGN ANY DOCUMENTS RELATED TO 6 SECURING A LOAN FROM DOUGHERTY FUNDING 7 LLC., TO PROVIDE FUNDS TO FINISH THE 8 RENOVATION OF THE HIGH SCHOOL FOR AN 9 ESTIMATED LOAN AMOUNT OF $6.85M; PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, as part of the Town Square redevelopment,the City began renovating the 14 High School in FY 16/17 with an estimated cost of$11M; and 15 16 WHEREAS, the renovation began with $3M dollars of funding and the intent to 17 secure New Market Tax Credits of approximately $2.5M and secure a loan for the balance of 18 $5.5M ($11M-$3M-$2.5m); and 19 20 WHEREAS, repayment of the loan would come from the City's capital program that 21 is funded by the recent sales tax increase in the County that is to be used for deferred 22 maintenance and infrastructure needs and from CRA funding; and 23 24 WHEREAS, as staff learned more about the New Market Tax Credits as far as the 25 availability, timing and what was required to be established and maintained if the tax credits 26 were secured, it became apparent that the tax credits were not going to be a preferred source 27 of funding for this project; and 28 29 WHEREAS, the City and Developer (E2L) has worked with Dougherty Financial in 30 Minnesota as part of the Town Square Project in connection with CFP issuing the bonds for 31 the municipal improvements in Town Square; and 32 33 WHEREAS, Doughtery Funding has provided the City with a proposal for a three (3) 34 year loan in the amount of approximately $6.85M to provide the needed funding to finish the 35 high school renovations. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 38 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 40 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 41 42 Section 2. The City Manager or designee is authorized to sign any documents 43 related to securing a loan from Dougherty Funding LLC., to provide funds to finish the 44 renovation of the High School for an estimated loan amount of$6.85M. C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Dougherty_Funding_- _Reso.Docx 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this 7th day of August, 2018. 47 CITY OF BOYNTON BEACH, FLORIDA 48 49 YES NO 50 51 Mayor— Steven B. Grant 52 53 Vice Mayor—Christina L. Romelus 54 55 Commissioner—Mack McCray 56 57 Commissioner—Justin Katz 58 59 Commissioner—Joe Casello 60 61 62 VOTE S- 63 64 ATTEST: 65 66 *-64 6' 68 Judit 1A . Pyle, CM j 69 City erk 70 71 72 73 (Corporate Seal) 74 DOUGHERTY FUNDING LLC DRAFT For discussion purposes only July 24, 2018 Mr.Tim Howard Assistant City Manager City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach, FL 33435 RE: $6,850,000 TERM LOAN CITY OF BOYNTON BEACH,FL Dear Mr.Howard, Dougherty Funding LLC ("DF" or"Lender") is interested in pursuing with you a Term Loan to be used to complete the rehabilitation of the high school in Boynton Beach, FL. Based upon the information you provided to DF,we have outlined below the Loan we would propose to provide for this transaction. This proposal is preliminary and should not be construed as a commitment to make the Loan. This proposal is subject to further due diligence by DF and must be approved by the DF loan committee. Any commitment of DF to make the Loan will only be made in writing. Proposed Financing Terms Loan Amount: The Loan Amount will be $6,850,000. The Loan will be fully funded at closing and held by DF. Funds will be advanced to the Borrower as costs are incurred. The Loan will include an Interest Reserve in the amount of $337,000 which will be used to pay interest on the Loan during the first 12 months of the Loan Term. Loan Term: The Loan will mature on September 30,2021. Interest Rate: The Interest Rate will be fixed at 4.85% during the Loan Term. Interest will be calculated based on the actual number of days in a 360-day year. 90 Socmi SEVENTH Smsrr• SUITE 4300•MINNEAPOLIS,MINNESOTA 55402-4108 612.3172000• 800.227-0786 Mr.Howard July 24,2018 Page 2 Amortization/Repayment: The Loan will be payable monthly on an interest-only basis during the Loan Term with additional payments principal in the amounts of$2,500,000 due on September 30, 2019 and $2,500,000 due on September 30, 2020. The outstanding principal balance and all other amounts due and owing will be due on the maturity date. Prepayment Provisions: The Loan will be pre-payable in whole during the first 12 months accompanied by a prepayment premium of the interest that would have been earned during that period had the Loan remained outstanding. Thereafter, the Loan will be pre-payable at any time without premium. The Borrower must provide no less than 5 days written notice to DF. Purpose: Loan proceeds will be used to pay for certain development costs incurred by the Borrower in connection with the rehabilitation of the high school in the Town Square Redevelopment in Boynton Beach,FL. Borrower: The City of Boynton Beach,FL. Loan Structure: The Loan will be structured as a full-recourse general obligation of the Borrower in a form acceptable to DF. Loan Fee: A Loan fee of $102,750 (1.50% of the Loan Amount) will be earned and payable by Borrower to DF at the earlier of Loan closing or expiration of a Loan commitment. Expenses: The Borrower will be responsible for payment of all costs incurred by DF in connection with the Loan including, but not limited to the following: • Legal fees • Other miscellaneous out-of-pocket expenses (travel, printing,credit reports,etc.) We believe this proposal represents the significant issues relative to the proposed financing. Upon receipt of a signed copy of this letter,DF will immediately begin preparation of a detailed loan application. DOUGHERTY FUNDING LLC 90 SOUTH SEVENTH STREET• SUITE 4300 •MINNEAPOLIS,MINNESOTA 55402 (612)376-4000 PHONE• (612)317-2045 FAx