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CC - Item 4E - Request for Subordination, Gavey Wholesale Beverage Itee ° staf f eport TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: NOVEMBER 17, 1999 RE: REQUEST FOR SUBORDINATION, GARVEY WHOLESALE BEVERAGE On November 25, 1997, the City Council approved an economic development loan to Garvey Wholesale Beverage in order to expand business operations. This economic development loan was for $50,000 and the principal and interest were deferred for ten (10) years, providing that the owner remained in business and continued to own the site. At the end of the ten (10) year period, the owner would be eligible for full forgiveness of the loan and interest if the owner met the loan obligations for the full ten (10) years. This economic development loan was junior (subordinated) to a building purchase loan made by Omni Bank in May 1996. Since the loan was made, Garvey Wholesale Beverage has remained an owner/occupant of the premises and has maintained the premises in accordance with requirements. Garvey Wholesale Beverage desires to refinance the original building purchase debt. The original loan between Garvey Wholesale Beverage and Omni Bank was for a non-amortized loan at nine percent (9%) for ten years with a balloon payment due at the end of the term. The proposed loan between Garvey Wholesale Beverage and Citizens Business Bank is for a fully-amortized loan at eight percent (8%) interest for fifteen (15) years, with no balloon payment. CCDNCIL AGENDA NOV 231999 ITEM No. • &+ !-E Request for Subordination, page 2 Citizens Business Bank has asked the City to subordinate its loan to the proposed loan, in order to retain first position. Staff has reviewed the request and recommends that the City subordinate its position in order to allow the owner to refinance the original building purchase loan for the following reasons: 1. The proposed loan would replace an existing first loan (by Omni Bank) and the City would remain in its current position; 2. The proposed loan by Citizens Business Bank offers a better interest rate, longer term and full amortization, thereby improving Garvey Wholesale Beverage's economic position. If the City does not subordinate its loan, Citizens Business Bank will not make the proposed refinance loan; 3. The original economic development loan is deferred and was made for the purpose of retaining an owner/occupant of the site for ten (10) years. There are still eight (8) years left on the agreement/loan. If the City requires that the loan be repaid, then the covenants governing owner/occupancy will be eliminated; 4. There is no cash to the owner. The proposed loan is only for the balance of the loan due to Omni Bank. RECOMMENDATION Staff recommends that the City Council agree to subordinate its deferred economic development loan to the proposed loan by Citizens Business Bank and that the City Manager be authorized to execute documentation approved as to form by the City Attorney.