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CDC - Item 3A - RCDC Note Payable to Low & Moderate Income Housing FundROSEMEAD COMMUNITY DEVELOPMENT COMMISSION STAFF REPORT TO: HONORABLE CHAIRMAN AND COMMISSIONERS FROM: JEFF STEWART, INTERIM EXECUTIVE DIRECTOR DATE: APRIL 28, 2009 SUBJECT: ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION (RCDC) NOTE PAYABLE TO THE LOW & MODERATE INCOME HOUSING FUND SUMMARY On October 1, 2008 the Governor signed budget trailer bill AB 1389 that includes a $350 million Education Revenue Augmentation Fund (ERAF) shift from redevelopment agencies to the State. The payments to the State are due by May 10, 2009 and Rosemead's share of the shift is $297,178. As with past ERAF contributions, an agency can borrow up to 50% of the contribution from its current year deposit into the Low and Moderate Income Housing Fund (LMIHF) and repay the fund over 10 years. Staff is requesting Commission approval to borrow $148,589 (50% of the total ERAF contribution) from the LMIHF. STAFF RECOMMENDATION Staff recommends that the Commission: Approve Resolution 2009-12 authorizing a loan from the LMIHF secured by a Promissory Note with the terms listed below, and Direct the Commission Chairman to execute the Promissory Note. ANALYSIS Inasmuch as the law allows the RCDC to borrow up to 50% of its ERAF contribution from the current year RCDC tax increment transfer to the LMIHF, the following terms are recommended for a loan from the LMIHF to the RCDC: 1. Date: May 9, 2009 2. Principal: $148,589 3. Rate : 0.0% annually 4. Term: 10 Years -5. Payment: Principal due on May 8, 2019 ITEM NO. ~~A~ APPROVEDFOR COMMUNITY DEVELOPMENT COMMISSION AGENDA: Community Development Commission Meeting April 28, 2009 Also attached is the Promissory Note, the Repayment of Advance schedule and Resolution No. 2009-12 authorizing the Promissory Note. The LMIHF has idle cash sufficient to make the loan to RCDC without creating an adverse impact on the fund. It is therefore recommended that the loan be executed. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Steven Brisco Finance Director Attachments: (1) Promissory Note (2) Repayment of Advance schedule (3) Resolution No. 2009-12 ATTACHMENT 1 PROMISSORY NOTE $148,589 Date: May 9, 2009 For value received, the undersigned Rosemead Community Development Commission (the "Borrower"), at 8838 East Valley Boulevard, Rosemead, California 91770, promises to pay to the order of the Low and Moderate Income Housing Fund, (the "Lender"), at 8838 East Valley Boulevard, Rosemead, California 91770, (or at such place as the Lender may designate in writing) the sum of $148,589 without interest. The accrued interest only shall be payable in annual installments of $0.00 beginning on May 9, 2010, and continuing until May 9, 2019, (the "Due Date"), at which time the remaining principal and interest shall be due in full. THE BORROWER UNDERSTANDS THAT THE PAYMENT OF THE ABOVE INSTALLMENT PAYMENTS MAY NOT FULLY AMORTIZE THE PRINCIPAL BALANCE OF THE NOTE, AND THREFORE, A BALLOON PAYMENT MAY BE DUE ON THE DUE DATE. All payments on this Note shall be applied first in payment of accrued interest and any remainder in payment of principal. This Note shall be construed in accordance with the laws of the State of California. Signed this day of , at 8838 East Valley Boulevard, Rosemead, California 91770. Borrower: Rosemead Community Development Commission By: Margaret Clark, Chairperson ATTACHMENT 2 Outstanding Principal 5/9/2009 $ 148,589.00 5/9/2010 5/9/2011 5/9/2012 5/9/2013 5/9/2014 5/9/2015 5/9/2016 5/9/2017 5/9/2018 5/9/2019 CITY OF ROSEMEAD Repayment of Advance Principal Payments 0.00% Interest Payments Total Payments $ 148,589.00 - 148,589.00 $ 148,589.00 $ - $ 148,589.00 ATTACHMENT 3 RESOLUTION NO. 2009-12 RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION (RHDC), CALIFORNIA AUTHORIZING THE EXECUTION OF A PROMMISSORY NOTE IN THE AMOUNT OF $148,589 TO THE LOW AND MODERATE INCOME HOUSING FUND WHEREAS, On October 1, 2008 the Governor signed budget trailer bill AB 1389, and WHEREAS, included in the bill was a required $350 million shift from local redevelopment agencies to the State Education Revenue Augmentation Fund (ERAF), and WHEREAS, the RHDC's obligation to the ERAF fund is $297,178, and WHEREAS, Half of the ERAF obligation can be borrowed from the Low and Moderate Income Housing Fund's current year transfer from RHDC for payment to the ERAF. NOW THEREFORE, BE IT RESOLVED, that the Commission does authorize the execution of a Promissory Note dated May 9, 2009 to the Low and Moderate Income Housing Fund in the in the amount of $148.589 at an interest rate of 0.0% per annum for a term of 10 years. PASSED AND ADOPTED, by the Rosemead Community Development Commission, County of Los Angeles, of the State of California on April 28, 2009. (Chairman) ATTEST: (Commission Secretary)