HomeMy WebLinkAboutRDA Packet 2002/11/12
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CITY OF
CHUlA VISTA
TUESDAY, NOVEMBER 12, 2002 COUNCIL CHAMBERS
6:00 P.M. PUBLIC SERVICES BUILDING
(immediately following the City Council meeting)
JOINT MEETING OF THE
REDEVELOPMENT AGENCY AND CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton
CONSENT CALENDAR
The staff recommendations regarding the following item!s) listed under the Consent Calendar will be enacted
by the Agency by one motion without discussion unless an Agency member, a member of the pubiic or City
staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak Form" avaiiable in the iobby and submit it to the Secretary of the Redevelopment Agency
or the City Cierk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action
items. Items pulled by the public wiil be the first items of business.
1. APPROVAL OF MINUTES - November 5,2002
2. AGENCY RESOLUTION AMENDING THE FY 03 BUDGET TO APPROPRIATE
$63,332 FROM THE AVAILABLE FUND BALANCE IN THE MERGED
PROJECT AREA FUND FOR REPAYMENT OF ADVANCES TO THE
BAYFRONT/TOWN CENTRE I PROJECT AREA FUND AND APPROPRIATING
$63,332 FROM UNANTICIPATED REVENUES IN THE BAYFRONT/TOWN
CENTRE I PROJECT AREA FUND FOR GATEWAY CHULA VISTA PHASE I
PERMIT FEE REIMBURSEMENTS PURSUANT TO THE ADOPTED
DISPOSITION AND DEVELOPMENT AGREEMENT - Under the provisions of
the adopted Disposition and Development Agreement (DDA) for the Gateway
Chula Vista project, the project developer is entitled to reimbursement of up
to fifty percent of City permit fees (not-to-exceed $91,000) for the first
phase of the project. The developer has submitted evidence of permit fees
paid for Phase I permits totaling $126,663. These permit fee payments
have been verified and a reimbursement of $63,332 will be made with this
appropriation action. [Community Development Director]
STAFF RECOMMENDATION: Agency adopt the resolution.
3. JOINT AGENCY/COUNCIL RESOLUTION 1) APPROVING PARTICIPATION IN
THE SAN DIEGO REGIONAL REVOLVING LOAN FUND PROGRAM; 2)
APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA AND
AUTHORIZING THE CITY MANAGER TO SIGN; AND 3) AMENDING THE FY
03 BUDGET BY APPROPRIATING $124,897 FROM THE AVAILABLE FUND
BALANCE IN THE MERGED PROJECT AREA FUND FOR REPAYMENT OF
ADVANCES TO THE BAYFRONT/TOWN CENTRE PROJECT AREA FUND
AND APPROPRIATING $124,897 FROM UNANTICIPATED REVENUES IN
THE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND FOR THE SAN
DIEGO REGIONAL REVOLVING LOAN FUND - Adoption of the resolution
approves participation in a $3 million revolving loan fund program that is
funded by a $1.5 million grant from the federal Economic Development
Administration, and matching funds from the cities of National City
($250,000), Imperial Beach ($150,000), San Diego ($1,000,000), and
Chula Vista ($100,000). The purpose of the loan program is to stimulate
economic activity by providing loans to small and medium sized businesses
located specifically in low to moderate income census tract areas.
[Community Development Director]
STAFF RECOMMENDATION: Agency/Council adopt the resolution.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter
within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits
the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish
to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications
Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to
the meeting. Those who wish to speak, please give your name and address for record purposes and follow up
action.
4. DIRECTOR'S REPORTlS)
5. CHAIR/MAYOR REPORTlS)
6. AGENCY/COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to a closed session and thence to a regular meeting of the
Redevelopment Agency on November 19, 2002, at 6:00 p.m., immediately
following the City Council meeting in the City Council Chambers.
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency/City Council states otherwise at
this time, the Agency/Council will discuss and deliberate on the following item(s) of business which are
permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised
Redevelopment Agency, November 12, 2002 Page 2
should be discussed in closed session to best protect the interests of the City. The Agency/Council is required
by law to return to open session, issue any reports of final action taken in closed session, and the votes taken.
However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at
this point in order to save costs so that the Agency/Council's return from closed session, reports of finai action
taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed
Session shall be made by Noon on Wednesday following the meeting at the City Clerk's office in accordance
with the Ralph Brown Act IGovt. Code § 54957.7)
6. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION -- Pursuant to Government Code Section 54956.9(b)
One Case
7. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LlTIGATION--Pursuant to Government Code Section 54956.9(c)
One Case
8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to
Government Code Section 54956.8
a. Property: Assessor Parcel Nos. 568-071-0100
(approximately .23 acres located at 201 Third
Avenue)
Negotiating Parties: Chris Salomone (Redevelopment Agency) and Dan
Floit, owner
Under Negotiations: Price and terms for acquisition
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who
require special accommodates to access, attend, and/or participate in a City meeting, activity, or service
request such accommodation at least 48 hours in advance for meetings and five days for scheduled services
and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 1619)
691-5047 or Telecommunications Devices for the Deaf (TDD) at 1619) 585-5647. California Relay Service is
also available for the hearing impaired.
Redevelopment Agency, November 12, 2002 Page 3
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND
A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
November 5, 2002 4:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order at 5:04 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT: Agency/Councilmembers Davis, Padilla, Rindone, Salas, and
Chair/Mayor Horton
ABSENT: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Senior Assistant City
Attorney Moore, and City Clerk Bigelow
CONSENT CALENDAR
1. APPROVAL OF MINUTES - October 8, 2002
Staff recommendation: Agency/Council approve the minutes.
2. RESOLUTION NO. 1800, RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA APPROPRIATING $20,000 FROM THE MERGED
PROJECT FUND TO THE OTAY VALLEY ROAD PROJECT AREA
PROFESSIONAL SERVICES ACCOUNT (65130-6301) FOR THE PURPOSE OF
RETAINING STRADLING YOCCA CARLSON & RAUTH, A PROFESSIONAL
CORPORATION, ATTORNEYS AT LAW TO PROVIDE LEGAL SERVICES
RELATED TO THE EXPANSION OF THE CHULA VISTA AUTO PARK
The Borst/Greenwald Auto Park expansion area is located immediately east of the
existing auto dealers on Main Street and Auto Park Drive in the Otay Valley
Redevelopment Project area. It encompasses approximately 25 acres and includes the
site of the old Chula Vista animal shelter. The proposed project will include five
dealerships, a gas station, and locations for two restaurants, plus one other auxiliary use.
(Community Development Director)
Staff recommendation: Agency adopt the resolution.
ACTION: Agency/Councilmember Davis moved to approve staffs recommendations and
offered the Consent Calendar, headings read, texts waived. The motion carried
5-0.
ORAL COMMUNICATIONS
There were none.
(- I
OTHER BUSINESS
3. DIRECTOR'S REPORTS
There were none.
4. CHAIR/MA YOR REPORTS
There were none.
5. AGENCY /COUNCILMEMBEER COMMENTS
There were none.
ADJOURNMENT
At 5:06 p.m., Chair/Mayor Horton adjourned the meeting to an Adjourned Regular Meeting of
the Redevelopment Agency on November 12, 2002, at 6:00 p.m., immediately following the City
Council meeting.
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Susan Bigelow, CMC, City Clerk
Page 2 Council/ RDA Minutes (-~ 10/08/2002
PAGE 1, ITEM NO.: dJ...
MEETING DATE: 11/12/02
REDEVELOPMENT AGENCY AGENDA STATEMENT
ITEM TITLE: RESOLUTION AMENDING THE FY 03 BUDGET TO APPROPRIATE
$63,332 FROM THE AVAILABLE FUND BALANCE IN THE MERGED
PROJECT AREA FUND FOR REPAYMENT OF ADVANCES TO THE
BAYFRONT/TOWN CENTRE I PROJECT AREA FUND AND
APPROPRIATING $63,332 FROM UNANTICIPATED REVENUES IN
THE BAYFRONT/TOWN CENTRE I PROJECT AREA FUND FOR
GATEWAY CHULA VISTA PHASE I PERMIT FEE REIMBURSEMENTS
PURSUANT TO THE ADOPTED DISPOSITION AND DEVELOPMENT
AGREEMENT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~~ ç¿;
REVIEWED BY: EXECUTIVE DIRECTOR ~~"-i)¡1/
4/5THS VOTE: YES 0NOD
BACKGROUND
Under the provisions of the adopted Disposition and Development Agreement (DDA) for the
Gateway Chula Vista project, the project developer is entitled to reimbursement of up to fifty percent
of city permit fees (not to exceed $91,000) for the first phase of the project. The developer has
submitted evidence of permit fees paid for Phase I permits totaling $126,663. These permit fee
payments have been verified and a reimbursement of $63,332 will be made with this appropriation
action.
RECOMMENDATION
Approve the Resolution amending the FY 03 budget to appropriate $63,332 from the available
fund balance in the Merged Project Area Fund for repayment of advances to the BayfrontfT own
Centre I Project Area Fund and appropriating $63,332 from unanticipated revenues in the
BayfrontT own Centre I Project Area Fund for Gateway Chula Vista Phase I permit fee
reimbursements pursuant to the adopted Disposition and Development Agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
02 - (
PAGE 2, ITEM NO.:
MEETING DATE: 11 /12/02
This action appropriates funds from the Redevelopment Agency 2000 Tax Allocation Bond issue
to proyide for permit fee reimbursements for Phase I of the Gateway Chula Vista proiect. The
adopted DDA provides for up to $91,000 in fee reimbursements for the first phase. Fifty percent
of eligible permit fees are reimbursed up to this cap. Fees paid to outside agencies are not
eligible for reimbursement. Permits were recently issued for the last component of the first phase,
the "north tail" building along Third Avenue. When completed in several months, the north tail
building will include a new restaurant and additional second story leasable space. This building
will also better tie the overall project into the smaller physical scale of buildings along Third
Avenue into the downtown village area.
Remaining Agency financial commitments for Phase I include release of $209,000 in land value
being held back until a certificate of occupancy is issued for the north tail annex and up to
$300,000 in off-site improvement reimbursements, less $57,000 paid out in the short-term City
lease which ended in July, 2002. Staff have also tentatively agreed to recommend that the
Agency Board shift subsidy payments for Phase II (payments 2 and 3) for potential disbursement
upon issuance of Phase II building permit (payment 2) and certificate of occupancy (payment 3),
rather than certificate of occupancy and lease-up. A DDA amendment is proposed to
accommodate this shift and will be presented to the Agency Board in the early part of 2003.
Phase II is now underway, with demolition completed and permits in process for the Phase II
parking structure. Construction of this component of the development will take place from
January through May, 2003. Building permits are expected to be issued for the Phase II office
and retail complex in late Spring, 2003 with construction set to begin next Summer.
FISCAL IMPACT
No fiscal impacts are anticipated from this action, which appropriates funds already set-aside for
this purpose from the Agency's 2000 tax allocation bond.
ATTACHMENTS
None
J:\COMMDEY\STAFF.REP\ 11-12-02\Gateway Phase 1 Perma Fee Reimbursements.dac
07-,)""
RESOLUTION NO.
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROPRIATING $63,332 FROM THE
AVAILABLE FUND BALANCE IN THE MERGED PROJECT AREA
FUND FOR REPAYMENT OF ADVANCES TO THE
BAYFRONTfTOWN CENTRE I PROJECT AREA FUND AND
APPROPRIATING $63,332 FROM UNANTICIPATED REVENUES IN
THE BAYFRONTfTOWNCENTRE I PROJECT AREA FUND FOR
GATEWAY CHULA VISTA PHASE I PERMIT FEE
REIMBURSEMENTS PURSUANT TO THE ADOPTED
DISPOSITION AND DEVELOPMENT AGREEMENT
WHEREAS, the Gateway Chula Vista project located in the Town Centre I Redevelopment
Project Area has submitted evidence of permit fees paid and eligible for reimbursement pursuant to
the adopted Disposition and Development Agreement for the project; and
WHEREAS, all permits have now teen issued by the City for all components of the first
phase of the project, including the office/retail building, the Phase I parking structure, and the "north
tail" annex building, thereby triggering release of the reimbursement payment; and
WHEREAS, staff have verified the permit fee payments and progress of the project and have
determined that the developer is now eligible for the payment; and
WHEREAS, funds from the Agency's 2000 tax allocation bond were set aside for this
purpose and with this action will be appropriated from the Merged Project Area fund to repay
outstanding advances from the BayfronUTown Centre I fund and appropriated therein for
disbursement;
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula
Vista does hereby approve appropriating $63,332 from the available fund balance in the Merged
Project Area fund for repayment of advances to the BayfronUTown Centre I Project Area fund and
appropriating $63,332 from unanticipated revenues in the BayfronUTown Centre I Project Area fund
for Gateway Chula Vista phase I permit fee reimbursements pursuant to the adopted Disposition and
Development Agreement
PRESENTED BY APPROVED AS TO FORM BY
~~ ~
Chris Salomone
Director of Community Development
J:ICOMMDEVlRESOSIGateway Phase 1 Permit Fee Reimbursements.doc
07 -.3
PAGE 1, ITEM NO.: ..3
MEETING DATE: 11/12/02
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: RESOLUTION 1) APPROVING PARTICIPATION IN THE SAN DIEGO
REGIONAL REVOLVING LOAN FUND PROGRAM; 2) APPROVING A
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY
OF SAN DIEGO AND THE CITY OF CHULA VISTA AND
AUTHORIZING THE CITY MANAGER TO SIGN; AND 3) AMENDING
THE FY 03 BUDGET BY APPROPRIATING $124,897 FROM THE
AVAILABLE FUND BALANCE IN THE MERGED PROJECT AREA FUND
FOR REPAYMENT OF ADVANCES TO THE BAYFRONT/TOWN CENTER
PROJECT AREA FUND AND APPROPRIATING $124,897 FROM
UNANTICIPATED REVENUES IN THE BAYFRONT/TOWN CENTRE I
PROJECT AREA FUND FOR THE SAN DIEGO REGIONAL REVOLVING
LOAN FUND
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR t-. ~ ~ ez;:
REVIEWED BY: EXECUTIVE DIRECTOR ~'L--"IV
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4/5THS VOTE: YES0NOD
BACKGROUND
The City of San Diego has approached the City of Chula Vista, the City of National City, and the
City of Imperial Beach about participoting in a $1.5 million grant application to the Economic
Development Administration (EDA) to fund the San Diego Regional Revolving Loan Fund (SDRRLF)
serving businesses located in lower income census tracts within each of these respective cities. The
$1.5 million dollar grant must be matched with $1.5 million dollars from the 4 participating cities,
creating a total loan pool of $3 million. Funds will be used to provide gap loans to creditworthy
small and medium sized businesses that are unable to obtain conventional financing. Eligible loan
projects include real estate and equipment acquisition, rehab or construction of new facilities, and
working capital. The overriding goal of the loan program is to help create and retain jobs and
stimulate general economic activity.
On Sept 5, 2002, the EDA awarded the $1.5 million grant to the City of San Diego at an EDA press
conference. Mayor Horton participated in the press conference on behalf of Chula Vista, along with
the Mayors of San Diego, Imperial Beach, and National City. Although the Mayor participated in this
press conference, Chula Vista's participation is contingent upon Council/Agency approval of the
program and related funding. Prior to the press conference, a letter was provided to the City of San
Diego in which Chula Vista staff indicated that we would recommend that Council/Agency approve
the City's participation in the program and 0 contribution of $100,000 in matching loan
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PAGE 2, ITEM NO.:
MEETING DATE: 11/12/02
capitalization funds. This contribution would enable Chula Vista to leverage a total of $200,000 in
loans for Chulo Vista firms.
In addition to the loon capitalization costs, Chula Vista and the participating cities are also required
to contribute toward program açlministration costs. The participating cities' administration cost
commitments and grant matches, including staff's recommendation for Chula Vista, are shown
below:
City Contribution EDA Match Total Admin Cos1s Pre- Total Admin
Loon Pool - 3 Years Development Cos1s
cos1s
Son Diego $1,000,000 $1,000,000 $2,000,000 $350,658 $12,500 $363,158
Chulo Vista $100,000 $100,000 $ 200,000 $37,191 $12,500 $49,691
National $250,000 $ 250,000 $ 500,000 $90,321 $12,500 $102,821
City
Imperial $150,000 $150,000 $300,000 $53,150 $12,500 $65,650
Beach
Total $1,500,000 $1,500,000 $3,000,000 $531,320 $50,000 $581,320
RECOMMENDATION
Staff recommends that the Council/Agency adopt the resolution: 1) Approving participation in
the San Diego Regional Revolving Loan Fund; 2) Approving a Memorandum of Understanding
(MOU) between the City of San Diego and the City of Chula Vista and authorizing the City
Manager to sign; 3) Amending the FY 03 budget by appropriating $124,897 from the available
fund balance in the Merged Project Area Fund for repayment of advances to the Bayfront/T own
Center I Project Area Fund and appropriating $124,897 from the unanticipated revenues in the
Bayfront/Town Center I Project Area Fund for the San Diego Regional Reyolving Loan Fund
($100,000 for SDRRLF loan capitalization costs, $12,500 for reimbursement of SDRRLF
predeyelopment costs, and $12,397 for first year administrative costs.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
3-d-
PAGE 3, ITEM NO.:
MEETING DATE: 11/12/02
DISCUSSION
A. LOAN PROGRAM PARAMETERS
A revolving loan fund is a creative financing tool that provides a financing source that may
not otherwise be ayailable within a community for expanding and start up businesses. The
San Diego Regional Revolving Loan Fund (SDRRLF) will target small businesses located in
low-mod census tracts that are financially viable enterprises but have experienced difficulty
obtaining troditional financing. Initially, loans will be aimed at five targeted industries:
biotech, software, electronics, communication, and medical. These industries typically support
higher paying jobs that promote sustainable economic deyelopment. Participating cities will
be able to access their contribution plus an equal match from the EDA. In Chula Vista's case,
the City will be able to access $200,000 total - $100,000 from the City's contribution and
$100,000 from EDA.
General eligibility, underwriting criteria, and the selection process are summarized below:
. Eliaible borrowers - Companies located within low/mod income census tracts as defined
in the Comprehensiye Economic Deyelopment Strategy (CEDS) and as approved by EDA.
Company must demonstrate creditworthiness but inability to access conyentional funding.
At least 50% of all loans will go to production firms, with the balance going to commercial
and service companies. Initial targeted manufacturers include biotech, software,
electronics, communication and medical. A maximum of 25% of the loans will go to start-
up firms.
. AveraQe Loan Amount - $150,000 to $500,000; average $250,000. (Chula Vista -
$200,000 max) Loans must leverage private financing by a ratio of 2: 1 over the entire
portfolio.
. Interest Rate - Prime plus 2% (currently at 6.75%); generally paid over a 3 to 7 year term,
although terms of 10 years or more may be approved.
. Equitv/Collateral Requirements - 10% to 30% of total project cost. Personal guarantees
required in the form of a first or second deed of trust, assignment of rents, leases, or
receivables.
. Public Benefit - At least 1 job must be created or retained per $30,000 loaned.
. Loan Selection Process -Loans will be reviewed for eligibility and creditworthiness by a
Loan Administration Board (LAB). The parameters for this board are somewhat different in
the San Diego Administrative Plan submitted to EDA and the By-Laws dated Sept 12,
2002. However per both documents, the LAB will be comprised of a minimum of 5 or 10
members and a maximum of 15 members, with one non-voting government
representotiye from each of the 3 South County cities (appointed on a "consensus" basis
.3~3
PAGE 4, IIEM NO.:
MEETING DATE: 11/12/02
with each of the cities). All but these 3 members will be appointed by the San Diego City
Manger or loan program manager, and will represent expertise in financing, real estate,
accounting, and small business. Loans will be reviewed by the LAB on a first-come, first-
serve basis, and will be reviewed for creditworthiness, repayment ability, job
creation/retention, and leveraging of private financing. Highest priority will go to loans
creating high paying jobs within the targeted industries and generating the greatest overall
economic impacts.
B. CHULA VISTA FUNDING COMMITMENTS
As noted, staff has indicated to the City of San Diego that we would be recommending that
Council/Agency approve a $100,000 loan capitalization contribution resulting in an EDA
match of $100,000. Each City is also being requested to contribute $12,500, or one fourth of
the $50,000 in administrative costs already incurred by San Diego in setting up the loan
program, including acquisition of loan document software. Finally, the City of San Diego has
requested each of the participating cities to contribute a share of program administrative costs
for the 3-year life of the grant. Based upon a pro rata share of 7%, this translates to $12,397
a year, or a total of $37,191. In summary, the total recommended funding is $149,691 -
specifically, $124,897 from the current budget, and $12,397 to be requested per year in the
next two year budget cycle.
National City has agreed to pay $292,607 up front and $30,107 annually; Imperial Beach
has committed $180,210 up front and $17,710 annually; San Diego has committed
$1,129,386 and $116,886 annually.
A copy of the Aug 29th letter sent by staff to the City of San Diego expressing support
contingent on Council/Agency approval is attached as Exhibit 1. It is important to note that
in the event that all of Chula Vista's loan capitalization funds are not loaned out prior to the
end of the EDA grant 3-year period, the remaining balance will be returned to the City.
C. MOU BElWEEN CHULA VISTA AND SAN DIEGO
The proposed MOU between Chula Vista and San Diego provides for the following basic
responsibilities:
Chula Vista
. Contribute funding as summarized above and in the Fiscal Impact section
. Designate a Chula Vista staff person to be the City's primary SDRRLF contact
. Collect and periodically forward data to San Diego staff for reporting to EDA
. Meet quarterly with San Diego and other participating cities to discuss program progress
and issues
. Include San Diego in any Chula Vista SDRRLF marketing materials
.3-'1
PAGE 5, ITEM NO.:
MEETING DATE: 11 /12/02
San Dieao
. Provide technical assistance to Chula Vista businesses interested in applying for loan
funds
. Administer overall program and reporting to EDA
. Meet quarterly with Chula Vista and other participating cities
. Include Chula Vista in all SDRRLF publicity, collateral materials and outreach efforts; offer
Chula Visto the opportunity to review all materials in advance of publicotion and
distribution
. Notify Chulo Visto Economic Development staff of 011 applications received from Chula
Vista businesses in advance of a San Diego staff determination regarding eligibility to go
forward to the Loan Advisory Board
. San Diego indemnifies Chula Vista for all losses, liabilities, and costs arising out of their
actions.
The proposed MOU is attached as Exhibit 2.
FISCAL IMPACT
The total overall cost of the SDRRLF to the City is $149,691. The proposed source of funding is
unanticipated revenues from advance repayments in the Bayfront/T own Center I Project Area
Fund, to be allocated as follows:
FY 2002/2003 Budqet
. $100,000 for SDRRLF loan capitalization
. $12,500 for reimbursement to San Diego for predevelopment costs (staffing and loan
program software purchased by City of San Diego)
. $12,397 for Year I SDRRLF administrative costs incurred by City of San Diego
FY 2003/2004 and 2004/2005
. $12,397 for Year II SDRRLF administrative costs incurred by City of San Diego
. $12,397 for Year III SDRRLF administrative costs incurred by City of San Diego
AnACHMENTS
Exhibit 1 - August 29th letter
Exhibit 2 - Memorandum of Understanding (MOU) between Chula Vista and the City of San
Diego
Exhibit 3 - Program procedures, program budget, program summary, program by-laws, and
program eligibility and loan fund details.
....3-5"'
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF
THE CITY OF CHULA VISTA 1) APPROVING PARTICIPATION IN THE SAN DIEGO
REGIONAL REVOLVING LOAN FUND PROGRAM; 2) APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA
VISTA AND AUTHORIZING THE CITY MANAGER TO SIGN; AND 3) AMENDING THE FY 03
BUDGET BY APPROPRIATING $124,897 FROM TH E AVAILABLE FUND BALANCE IN THE
MERGED PROJECT AREA FUND FOR REPAYMENT OF ADVANCES TO THE
BAYFRONTITOWN CENTER PROJECT AREA FUND AND APPROPRIATING $124,897 FROM
UNANTICIPATED REVENUES IN THE BAYFRONTITOWN CENTRE I PROJECT AREA FUND
FOR THE SAN DIEGO REGIONAL REVOLVING LOAN FUND
WHEREAS, the City of Chula Vista has the opportunity to participate in a $3.0 million dollar regional
revolving loan program funded by a $1.5 million dollar grant from the Economic Development Administration
(EDA) along with $1.5 million dollars in matching funds provided by Chula Vista and the neighboring cities of
San Diego, Imperial Beach and National City; and
WHEREAS, the purpose of the regional revolving loan fund, known as the San Diego Regional
Revolving Loan Fund (SDRRLF) is to stimulate economic development in underserved areas by offering
"gap" financing and other general financial resources to viable, small businesses located in Housing
and Urban Development (HUD) designated low and moderate-income census tracts to help them
expand, purchase new equipment, purchase or rehab their property, or provide working capital: and
WHEREAS, participating in this program fills a financing gap not currently filled through
conventional banking institutions or local lending agencies; and
WHEREAS, by participating in this regional loan program, Chula Vista demonstrates its
commitment to small business development and its desire to inject financial resources into viable
enterprises located in these low and moderate income census tracts to stimulate area wide economic
rejuvenation.
NOW, THEREFORE, BE IT RESOLVED by the City Council/Redevelopment Agency of the City
of Chula Vista, do hereby (a) endorse and authorize participation in the San Diego Regional Revolving
Loan Fund, administered by the City of San Diego, (b) authorize the City Manager or his designee to
sign the Memorandum of Understanding (MOU) between the City of Chura Vista and the City of San
Diego, (c) authorize an immediate appropriation of $124,897 out of un-appropriated funds from the
Bayfront/Town Centre Merged Project Redevelopment Area for loan capitalization costs ($100,000),
predevelopment costs ($12,500), and first year administrative costs ($12,397), and (d) authorize an
appropriation of $24,794 in the next two year budget, or $12,397 for each of the next two years which is
an amount estimated at 7% of total program administrative costs, to reimburse the City of San Diego for
costs incurred with the administration of the SDRRLF.
Presented by
~h~ ~
Chris Sa mone
Director of Community Development
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OlV OF
CHUlA VISTA
COMMUNITY DEVELOPMENT DEPARTMENT
August 29, 2002
Mr. Hank Cunningham, Director
Economic Development and Community Services Department
City of San Diego
202 C Street, 9th Floor
San Diego, CA 92101
Dear Mr. Cunningham:
I am pleased to inform you that City Of Chula Vista staff will recommend that the Chul.!
Vista City Council formally approve participation in the San Diego Regional Revolving
Loan Fund (SDRRLF) program to be administered by the City of San Diego. w,~
understand that the U.S. Economic Development Department is awarding $1.5 million to
the City of San Diego, subject to a $1.5 million match from SDRRLF participants. Staff will
recommend that the Chula Vista City Council approve a $100,000 match (loan
capitalization), as well as payment of $24,897 in first year administrative costs, and
$12,397 for each of the following two years. Staff will recommend Council approval
subject to the negotiation and execution of an MOU acceptable to the City which
delineates loan program parameters, administrative procedures, and Chula Vista's and San
Diego's respective responsibilities and assurances.
The City of Chula Vista looks forward to working with the San Diego, National City and
Imperial' Beach to implement a cooperative economic development program that will
provide a valuable financial resource to the South County region's growing busines,;
community. If you have any questions, please contact me or Cheryl Dye, Economic
Development Manager at (619) 691-5047.
Sincerely,
k~
Chris Salomone
Community Development Director
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EXHIBIT 2
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THE C,TV C>F SAN DIEGC>
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF SAN DIEGO
AND THE
CITY OF CHULA VISTA
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made by and between the CITY OF
SAN DIEGO ("SAN DIEGO"), a California municipal corporation, and the CITY OF CHULA
VISTA ("CHULA VISTA"), a California municipal corporation.
WHEREAS, on July 8, 2002, the San Diego City Council authorized the City Manager, or designee,
to apply for and accept funds up to $1.5 million from the Economic Development Administration
("EDA"), to be used as part of a revolving loan fund ("RLF") to be know as the San Diego Regional
Revolving Loan Fund ("SDRRLF"). Further, the San Diego City Council authorized the City
Manager to negotiate and execute agreements with the cities ofChula Vista, National City and Chula
Vista to participate in the grant application and resulting RLF.
WHEREAS, the City of Chula Vista has agreed to participate in the RLF through an investment to
the EDA match requirement in the amount of $100,000 (being 7% of the total fund), and to
reimburse the City of San Diego on a pro rata basis for administrative costs of the RLF for a period
of three years (an amount estimated at $38,000), or until RLF program income is sufficient to cover
administrative costs, and to pay one-fourth (114) of pre development costs estimated at $50,000 (an
amount estimated at $12,500.)
WHEREAS; the City of San Diego, Community and Economic Development Department, having
administrative and reporting responsibilities to the EDA, has years of technical experience operating
RLF's, and has professional staff with in excess of20 years of service administering loans to small
business, and economic development finance, and are willing to share this expertise with Chula Vista
businesses;
The Cities of San Diego and Chula Vista mutually agree to the following regarding the SDRRLF:
1. The Cities of San Diego and Chula Vista, by each providing investment into the
SDRRLF, shall be considered partners in assisting the business community through the new RLF.
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2. The Cities of San Diego, Chula Vista, National City and Imperial Beach, ("the
Partner Cities") will be responsible for all program administration costs on a pro rata basis (cUITently
7% or $12,397 a year) equivalent to their matching contribution.
3. In the event the SDRRLF is terminated for any reason, any unused contribution match
will be returned to the Partner City, on a pro rata basis, and subject to any outstanding loans or
unpaid administrative costs or fees.
4. The City of San Diego will administer the SDRRLF and will make it available to
eligible businesses located in or to be located in a census tract as designated in the Community
Economic Development Strategy (CEDS) for the RLF, or as designed by revised 2000 national
census data, and as approved by the EDA.
5. The Partner Cities will be designated in all publicity and outreach efforts pertaining to
the RLF, and in all marketing collateral materials. Advertising and outreach will be coordinated
between the Partner Cities.
6. A designated representative of each Partner City will be a non-voting member of a
loan advisory board ("LAB"), as described in the SDRRLF Loan Advisory Board By-Laws, to be
established for the SDRRLF.
WHEREAS; San Diego and Chula Vista support regional economic development that benefits all
citizens and businesses of South County;
NOW, THEREFORE, in consideration ofthe recitals and mutual obligations of the parties as herein
expressed, San Diego and Chula Vista agree as follows:
Section I: San Diego Regional Revolving Loan Fund
San Diego and Chula Vista will coordinate and partner as related to the new SDRRLF as follows:
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SAN DIEGO:
1) The San Diego City Manager will request fÌ'om San Diego City Council a resolution
authorizing application and acceptance of an EDA grant up to $1.5 million
2) The San Diego City Manager will authorize signature and acceptance of this Memorandum
of Understanding with Chula Vista.
3) San Diego staff will coordinate and provide technical assistance to Chula Vista small
businesses seeking financing fÌ'om the SDRRLF.
4) San Diego staffwill submit all necessary reports to the EDA on behalf of the SDRRLF,
and provide copies to the Partner Cities.
5) San Diego, as SDRRLF administrator, will notifY Chula Vista of all loan applications
originating from Chula Vista companies and advise of any loans being recommended for
approval before their consideration by the Loan Administration Board (LAB).
CHULA VISTA:
1) Chula Vista City Manager will request fÌ'om the Chula Vista City Council a resolution
supporting the SDRRLF, and Chula Vista's matching funding in the amount of$IOO,OOO.
2) Chula Vista City Manager will request fÌ'om City Council a resolution authorizing payment to
the City of San Diego for one-fourth ("1/4") of the predevelopment costs for the SDRRLF.
3) Chula Vista City Manager will request fÌ'om City Council a resolution authorizing payment of
administrative costs to the City of San Diego for a period of three years, an amount equal to the
pro rata share of the matching fund participation in the RLF, or 7%, such funds to be received
by the City of San Diego within 30 days of commencement of each fiscal year, starting July 1,
2002.
4) Chula Vista will not request San Diego, as SDRRLF Manager, to recommend any Chula Vista
application for approval that would not otherwise be recommended through standard loan
underwriting and due diligence.
Section II: Loan Administration
As the EDA grantee, San Diego will assume responsibility for the administration of the RLF, which
includes coordinating and submitting all annual reports to EDA, and related administrative
responsibility, including but not limited to the following:
I) Establishing goals and objectives for the RLF.
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2) Developing and implementing marketing strategies including, but not limited to
workshops, press releases, marketing materials and business outreach.
3) San Diego and Chula Vista staff shall meet quarterly to discuss such issues as policy
changes affecting this MOU, existing and new work plans, progress and tracking of
goals and objectives, joint administrative issues and annual reporting requirements.
San Diego and Chula Vista further agree that all SDRRLF materials designed for distribution to
the public, businesses and economic development organizations shall include infonnation on
both jurisdictions whenever possible and shall be reviewed and mutually agreed to by designated
employees fTom both San Diego and Chula Vista whenever both jurisdictions are referenced.
Each city will collect and maintain pertinent data for the respective jurisdiction as required by the
EDA for annual reports and state audits, and as required by their respective City Managers and City
Councils.
Each City shall have a designated employee responsible for responding to inquiries regarding
SDRRLF program benefits, seeking and referring qualified applicants, collecting and updating data
for reporting purposes, and for additional support to the SDRRLF as required. The names and titles
of designated employees will be provided to the City of San Diego upon acceptance of this MOU.
Section III: General Provisions
I) The contract administrator for this MOU for San Diego shall be the Economic
Development Division Deputy Director, and for Chula Vista shall be the City
Manager.
2) All Exhibits referred to in this MOU are incorporated by reference and, by this
reference, made a part of this MOU as though fully set forth herein. In the event of
any discrepancy between the tenns of this MOU and any Exhibit, the tenns of this
MOU shall control.
3) This MOU is not assignable by either party.
4) This MOU is the sole and entire MOU between the parties relating to the subject
matter hereof, and supersedes all prior understandings, agreements and
documentation relating to such subject matter. Any modifications to this MOU must
be in writing and signed by both parties.
5) Upon demand, the City of San Diego will indemnifY and hold hannless the Partner
Cities fTom all losses, liabilities, costs and expenses which arise out ofthe SDRRLF
and to which the partner cities may be subject by reason of any acts or omissions of
the City of San Diego, its officers, employees, agents or contracts or, or by reason of
any acts of the partner cities taken in good faith in accordance with directions fTom
the City of San Diego, its officers, agents and employees, or acts of omission taken
by the Partner Cities omitted in good faith due to the absence of directions fTom the
City of San Diego, its officers, agents or employees unless such loss or liability is a
result ofthe partner cities negligence, willful misconduct, bad faith or breach of care.
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Section IV: Effective Date
This MOU is effective upon approval by both cities. This MOU is also contingent upon the
approval of a funding contribution to the SDRRLF by the Chula Vista City Council.
IN WITNESS THEREOF, this Memorandum of Understanding is executed by the City of San Diego, acting
by and through its Economic Development and Community Services Director, and the City of Chula Vista,
acting by and through its City Manager, on this - day of ,2002.
THE CITY OF SAN DIEGO THE CITY OF CHULA VISTA
By By
HANK CUNNINGHAM DAVID D. ROWLANDS, JR.
Director City Manager
Community and Economic
Development Department
I HEREBY APPROVE the form and legality ofthe foregoing Memorandum of Understanding this
- day of ,2002.
THE CITY OF SAN DIEGO
CASEY GWINN, City Attorney
By
LISA A. FOSTER
Deputy City Attorney
THE CITY OF CHULA VISTA
By
CITY ATTORNEY
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El'lilE!IT 3
THE CITY OF SAN DIEGO
COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT
ECONOMIC DEVELOPMENT ADMINISTRATION
REVOLVING LOAN FUND
(The San Diego Regional Revolving Loan Fund)
Administrative Plan
Original Submission Date
July 31, 2002
EDA #07-79-05269
Program Structure
The San Diego Regional Revolving Loan Fund is a public revolving loan
fund operated by the City of San Diego, Economic Development
Division on behalf of the Cities of San Diego, Chula Vista, National City,
and Imperial Beach. Guidance is provided by a Loan Advisory Board
comprised of private sector volunteers possessing broad expertise in
small business finance, and public sector representatives.
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Table of Contents
Part 1: Revolving Loan Fund Strategy Page 3
A. Economic Adjustment Program Overview Page 3
B. The Business Development Strategy Page 6
C. The Financing Strategy Page 6
D. The Financing Policies Page 8
E. Portfolio Standards and Targets Page 11
F. Loan Selection Criteria Page 11
G. Performance Assessment Process Page 12
Part 2: Revolving Loan Fund Organizational Structure and
Operational Procedures Page 12
A. Organizational Structure Page 12
I. Overview Page 12
2. The Revolving Loan Fund - Loan Administration Board Page 13
B. Staff Capacity and Responsibilities Page 14
C. Loan Selection and Approval Process Page 15
D. Standard Loan Application Requirements Page 16
E. Credit Reports/Lien Searches Page 17
1. Credit Reports Page 17
2. Uniform Commercial Code Lien Search Page 17
3. Appraisal Reports Page 18
4. Environmental Reviews Page 18
5. Standard Collateral Requirements Page 19
6. Standard Equity Requirements Page 20
7. Loan Write-up Page 20
8. Procedures for Loan Approvals Page 21
9. Loan Decline - Appeals Process Page 22
F. Loan Closing and Disbursement Procedures Page 23
I. General Closing Requirements Page 23
2. Loan Closing Documentation Requirements Page 23
3. Loan Disbursement Requirements Page 24
G. Loan Servicing Procedures Page 25
I. Loan Payments and Collection Procedures Page 25
2. Loan Monitoring Procedures Page 25
3. Late Payment Follow-up Procedures Page 25
4. Collection Procedures Page 26
5. Write-off Policies and Procedures Page 26
H. Administrative Procedures Pa~e 26
1. Procedures for Loan Files and Loan Closing Documentation Page 27
2. Procedures for Complying with EDA Reporting Requirements Page 27
3. Grantee Control Procedures Page 28
4. Plan Amendment Procedures Page 28
List of Exhibits: Page 29
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PARTT' THT? RT?VOT VTNr. T OA N T?TTNO "<TR A TT?r.V
Utilizing a grant from the Economic Development Administration, and participant
funding from the Cities of San Diego, Chula Vista, National City, and Imperial Beach, a
new revolving loan fund was developed. This fund, The San Diego Regional Revolving
Loan Fund (SDRRLF), will operate in targeted areas of the City of San Diego, and the
cities of Chula Vista, National City, and Imperial Beach. The program will supplement
private financing of new or rehabilitated buildings, fixed machinery and equipment,
working capital and soft costs in the project areas.
The following sections provide a list of key strategies and serves as a guide for
the revolving loan fund.
A. ECONOMIC ADJUSTMENT PROGRAM OVERVIEW
1. Nature and Scale of Economic Adjustment Issues: San Diego County's
rapid employment growth and changing industry structure has brought new
opportunities and challenges to the region. In particular, sixteen industry clusters
playa fundamental role in the expansion of the county's economy. Of the 16,
five industry clusters are groups of interrelated industries that drive economic
growth, primarily through the export of goods andservices. The clusters include
firms in biotechnology, software, electronics, communication, and medical
services. The RLF will target these five clusters as they represent the primary
areas of growth in the targeted census tracts. In 1999, employment in the industry
clusters comprised 395,000, or about 40 percent, of the county's 964,800 private
sector jobs. Economic and workforce development agencies are dedicating time
and resources to help these companies expand and to prepare the necessary
workforce.
2. Economic Adjustment Strategy Development: In April 2001, the San
Diego County CEDS committee met to review pending projects. Mentioned by
the local EDA representative was a revolving loan fund. The director of the
City's Community and Economic Development Department had met with staff
prior to the CEDS meeting to discuss the financing gaps in San Diego. With
encouragement from EDA, the City of San Diego began researching census tracts,
and ultimately prepared a pre-application, which was sent to EDA for review in
October of200l. After receiving favorable feedback from EDA, the City
engaged an outside consultant to prepare a regional CEDS, which would validate
and support the new RLF and related economic development goals. An invitation
to apply for a grant to support a regional RLF was received by the City of San
Diego May 6, 2002. The CEDS for the cities of San Diego, Chula Vista, Imperial
Beach, and National City was submitted to EDA and subsequently approved on
May 28, 2002.
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3. Area Resources/Assets: Resources in the San Diego region that
support the targeted cluster groups include nonprofit organizations and schools of
higher education. Organizations such as the San Diego Regional Technology
Alliance sponsor networking events and training to the biotechnology, software,
electronics, and communications clusters. The University of California San
Diego (UCSD) provides education, training and networking through the
CONNECT program. CONNECT, founded in 1985 at the urging of San Diego's
business community, is widely regarded as the nation's most successful regional
program linking high-technology and life science entrepreneurs with the resources
they need for success, technology, financing, marketing, management and support
services.
4. Strategic Adjustment Goals and Objectives: Establish an effective
network through which key financial institutions will refer otherwise credit-
worthy small businesses to the financing mechanisms available through the
region. Goals and Objectives developed in the regional CEDS, which are directly
related to the new RLF, are:
Goal 1 : Retain existing businesses and jobs in San Diego County:
Objectives:
1. Assist existing firms in their efforts to expand
2. Assist the private sector in amassing capital for
economic development projects.
Goal 2: Attract new businesses and jobs in San Diego County.
Objective:
1. Assist the private sector in amassing capital for economic
development projects.
Goal3:Foster a climate that is favorable to business
Objectives:
1. Assist existing businesses in their efforts to expand
2. Assist the private sector in amassing capital for economic
development projects.
Goal4:Increase employment of the disadvantaged and chronically
unemployed
Objective:
1. Assist existing firms in their efforts to expand
Goal 5:Divesity the local economy
Objective:
1. Construct infrastructure projects that would encourage job-
producing investments.
These regional goals and objectives are consistent with the San Diego
County's goals and objectives as defined in their Comprehensive Economic
Development Strategy 2002 annual report.
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5. Implementation Programs and Activities: The San Diego region is rich in
supporting organizations whose primary mission includes targeting the
five cluster groups identified. RLF staff will coordinate marketing and
applicant identification procedures with the partner cities, as well as work
with local business, educational, and financial groups in the RLF census
tracts. Direct contact with regional lenders, specifically the CRA
departments of major banks, will help identify programs that can be
leveraged by the new RLF, as well as to develop cooperative presentations
to local community and business groups. Specific actions steps will
include:
. Maintaining a direct and ongoing relationship and coordination of
all activities with the municipalities targeted.
. Advocacy for development and expansion of small businesses in
the targeted communities.
. Building relationships with policy makers, local government staff,
economic development, and other related organizations through
ongoing personal contact.
. Establishing an effective network through which key financial
institutions will refer otherwise credit-worthy small businesses to
financing mechanisms available throughout the region.
Other programs that support or compliment the SDRRLF's strategic
objectives include the joint Southwestern Economic Development
Corporation/City of San Diego EDA RLF Project #07-39-03351 which is
capitalized at $600,000 to operate in 23 contiguous census tracts in
southeast San Diego.
Where SDRRLF's eligible lending area overlaps the Southeastern
Economic Development Corporation/Cit of San Diego EDA Project #07-
39-03351, commonly known as the Metro Enterprise Zone RLF, the
SDRRLF will make every effort to work with and involve the other RLF
in loan participations or loan referrals, as appropriate.
Where the SDRRLF and other EDA revolving funds provide loans to the
same project, the SDRRLF will coordinate reporting to ensure that a
proportional count of jobs and private dollar leveraging is attributed to
each RLF. This will preclude double counting of jobs and private
leveraging in reports to EDA
6. Organizational Structure and Management: The new RLF will be
managed by the City of San Diego, Community and Economic
Development, Business Finance Section. Business Finance manages and
administers the EmTek Fund, a revolving loan fund targeted to technology
companies, established to address the defense industry downsizing that
occurred in San Diego County in the 90's, as well as Industrial
Development Bonds, and tax incentive programs.
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The Comprehensive Economic Development Strategy document
will be administered by the CEDS committee comprised of local Project
Activity Committee (PAC) chairs in the four communities, San Diego,
Chula Vista, National City and Imperial Beach, and government
representatives of the four cities.
The RLF Administrative Plan will be reviewed annually to
coincide with the annual certification to EDA, which requires that the RLF
plan is consistent with the local economic adjustment strategy (CEDS), as
updated.
B. THE BUSINESS DEVELOPMENT STRATEGY
The new Comprehensive Economic Development Strategy (CEDS), developed in
May of 2002, serves as the baseline strategy document for the Cities of San Diego, Chula
Vista, National City, and Imperial Beach. The strategy document references 383.9 square
miles, the geo-political areas of the four cities, and the eligible census tracts for the new
RLF. The CEDS committee, fonned in 2001, is comprised of representatives of the four
cities.
In order to improve the economies in the economically distressed areas of the four
cities, increase the numbers and level of business operations and subsequently increase
incomes and earning capacities, major efforts will be made to improve the operations of
the businesses in the sub-areas, as they currently exist, through the provision of enhanced
technical and management assistance, broaden markets of the business operations, and set
in motion a plan for diversification to take advantage of the overall San Diego County
economic growth in all sectors of its economy.
The CEDS committee's mission will be to encourage and enable local businesses
and local units of government, within the four city area of San Diego County, to assemble
and cooperate with one another, with representatives of major economic interests and
citizens to promote the health, safety, and general welfare of the citizenry and to plan for
the future economic development of the targeted areas in a way that affords a high
qualify of life.
C. THE FINANCING STRATEGY
The City of San Diego, Community and Economic Development Department
(CED) is responsible for the implementation of the EDA adjustment program. Housed in
CED is Business Finance. This section houses the EmTek Fund, as well as the
responsibility for Industrial Revenue Bonds, and other tax-exempt bonds available in the
City of San Diego.
Business Finance, under the general direction of the Economic Development
Deputy Director and the Business Finance Manager, has two professional loan staff, as
well as departmental clerical support. The Business Finance Officers are responsible for
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developing, completing, coordinating, and servicing the loans generated by the loan
programs.
1. Financing Needs: Historically, small to medium size businesses need
financing for asset acquisition and working capital. The RLF will review qualified
applications for acquisition of commercial real estate, including the commercial portions
of mixed-used buildings, equipment acquisition, and working capital. On a limited basis,
applications may be accepted to finance soft costs related to commercial development. In
addition to the types of transactions already noted, the RLF will remain cognizant of the
needs in the community for other types of business financing, such as commercial lease
guarantees.
2. Public and Private Funding Availability: An article published in the
San Diego Daly Transcript, May 31, 2002, noted that ofthe 32 major lenders in San
Diego County, only seven loaned $100,000 or less to businesses in lower-income areas
compared with similar loans to businesses in wealthier locations. However, only five of
the banks loaned funds to San Diego companies in disadvantaged neighborhoods that had
annual revenues of $1 million or less.
Recent consolidations by the banking industry could exacerbate the troubles small
businesses face, according to the article.
The San Diego Regional Revolving Loan Fund identified this gap prior to the
May 31, 2002 article, and intends to work with organizations focused on small business
development as well as making direct contact with the regional lenders to address
financing gaps, and to develop the partnerships that will improve the financing made
available to the areas targeted by the RLF.
3. The Financing Niche: As a general target, the SDRRLF expects to target
industrial/manufacturing firms with the remaining being service, technology and
technology-related companies.
The portfolio makeup will attempt to limit start-up companies to not more than
25% of the total. Given the inherent risk associated with start-up companies, high quality
secondary sources of repayment must be pledged by the company principals or other
appropriate guarantor.
Business loans will generally be made to small businesses from start-up stage to
five years old. Small business being defined as a company with annual sales of
$1,000,000 or less, or otherwise meeting the SBA's definition as a small business.
The targeted businesses will generally need financing and technical assistance.
Needs are identified via past and present small business outreach programs, referrals
horn business workshops done by the Small Business Administration (SBA), and local
economic development corporations, as well as by the City of San Diego's Office of
Small Business (OSB).
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Access to reasonably priced capital for near bankable businesses continues to be a
problem in the region. Business owners with viable operations are constrained if they
lack sufficient time in business or do not have assets that can provide an easily liquidated
source of secondary repayment. The EDA funded program will provide an additional
resource to assist these otherwise economically sound businesses.
RLF loans will serve the primary roll of providing credit to small- mid-sized
businesses that 1) are reasonably priced; 2) are matched to the useful life of the asset
financed; 3) conserve cash for continued growth; 4) allow for a reasonable return on
equity in line with industry nonns; and 5) generate acceptable public benefit such as job
creation and leveraging of private investment.
In summary, there is a need for longer-term loans, for loans with lower equity
requirements, for loans in the $150,000 to $500,000 range, for start-up capital, and for
finns without established banking relationships, such as finns that began with owner-
equity. The gap exists not because the finns are poor investments, but because they are
not the preferred investments for banks. Through careful screening ofloan applicants
and creative loan structuring, the program will reduce the reluctance of conventional
lenders to meet needs of riskier, but creditworthy finns.
4. RLF Impact: The three main impacts the RLF anticipates having on the
region are:
. Strengthening the local economy by providing financing to existing and
start-up businesses.
. Stimulate private investment through leveraging commercial financing
and referring businesses to other investors with available resources.
. Enhancing the job opportunities by providing financing to viable, long-
tenn businesses that will create stable jobs.
Specific goals to achieve the three impacts include:
. Conducting community outreach at the rate of 10 per year for the next
three years.
. Review 10 complete applications per year for the next three years.
. Complete on average four loans per year for the next three years, with the
average loan amount for the new program estimated at $250,000.
D. THE FINANCING POLICIES
1) T ,,"n ~i7P - The loan size will be i~ the $150,000 to $500,000 range.
Loans greater than $750,000 will require EDA approval.
2) Tntprp<t RMp< - Interest rates on loans will be fixed and will generally be
Prime Rate + 2. The "Prime Rate" means the rate of interest published in
the money rates section ofthe Wall Street Journal as the Prime Rate.
Concessionary interest rates may be extended if there is a compelling
economic justification. In no event will the interest rate be less than 4.00
percentage points below the current money center prime at the time the
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loan is approved, or the maximum interest rate allowed under state law,
whichever is lower, or less than 4%.
3) P"ympnt Tprm< - Payments will generally be made monthly; however,
customized payment structures will be extended to borrowers depending
upon their individual cash flow needs. In the case of multiple
disbursement loans, there may be an interest-only period until the loan is
fully disbursed - generally not more than 90 days of interest only
payments will be approved. PrincÌpal deferments will be avoided on new
loans. Deferred payments may be an option in structuring a workout plan.
4) T ""n Tprm< - Generally loans will be direct loans fully amortized over
three to seven years, however, longer loan terms will be available based
upon the borrower's needs repayment ability, and asset life. In general,
loan terms will not exceed the average useful life of the assets being
financed. Working capital loans will not carry a term in excess of seven
years. The loan term will be the lesser of the average useful life of the
asset being financed, or the borrower's ability to pay.
5) PriV"tp T pvpr"ging/P"rtir;rMi"n - The RLF may be utilized to participate
in other financing institution's loans and/or lines of credit. In addition, one
of the goals of the program will be to use funds to leverage private
investments of at least two dollars for every one dollar of RLF investment.
This leveraging requirement applies to the portfolio as a whole rather than
to the individual loan. Private investment to be classified, as leverage is
capital invested by the borrower or others or financing from private
entities such as banks.
6) P'1"ity/Rmrm"pr Tnjprti"n (1pnpr"l Rpq"irpmpnt. For each individual loan
the equity requirement will generally range from ten to thirty percent of
the total project cost. Businesses may be required to inject funds into the
project depending upon;
i. whether the business has adequate equity, generally determined to be
defined as debt-to-net worth ratio, which is 4: I or less;
ii. the overall strength of the business;
iii. collateral coverage; and,
IV. availability of cash to put into the project. These elements are all
considered in determining the equity required for each project. For
working capital loans, the injection may be in the form of net working
capital in the business equal to 10-30%, dependent upon risk and other
factors.
Exceptions may be made on a case-by-case basis depending upon the
particular project. It is the RLF's general philosophy that existing equity or
existing cash injection into the business indicates a reasonable level of
commitment to the business; therefore consideration will be given to existing
equity in determining new equity required as a result of the project being
financed.
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7) r"l1"t¡>r"1 - Collateral pledged for each loan will depend upon the loan
amount, the overall risk of the credit, and the availability of personal and
business assets to be pledged as collateral. Personal guaranties of all
owners with 20% or greater ownership in the applicant company, and may
be required to individuals with management authority and/or
responsibility. Guarantees may also be required of affiliate companies,
unless there is a sound justification given which is included in the credit
memorandum and thereby approved by the LAB. The value of pledged
collateral would be verified through a market analysis, appraisal, or other
means that are deemed appropriate for the particular project. In general as
an abundance of caution, loans will be collateral secured to the maximum
extent possible to ensure an adequate secondary source of repayment.
8) rr¡>nit M¡>mnr"nnllm< - each application will be reviewed for standard
underwriting criteria, which will be signed by the loan officer and
presented to the LAB in the form of a Credit Memorandum. Generally the
credit memo will address the following: Meets EDA eligibility criteria,
management ability, market feasibility, primary source of repayment,
secondary source of repayment, leverage, environmental issues, job
creation, credit history and the project's economic impact. All credit
memos will include an analysis on the non-substitution documentation to
verify that funds are not replacing private or commercial financing.
9) Fin"nring R¡><!rirt;"n< - Capital may not be used to:
i. Acquire an equity position in a private business;
n. Subsidize interest payments on an existing loan;
iii. Provide the equity contribution required of borrowers under other
federal loan programs;
iv. Enable a borrower to acquire an interest in a business, either through
the purchase of stock or through the acquisition of assets, unless the
need for funding is sufficiently justified and documented in the credit
memorandum;
v. Refinance debt unless:
I. there is a sound economic justification and it is sufficiently
documented in the credit memorandum that the business is not
replacing private capital solely for the purpose of reducing the
risk or loss to an existing lender(s); or
2. to lower the cost of financing to a borrower, or not use business
income sources and/or recycled funds to purchase the rights of
a prior lien holder during an in-process foreclosure action in
order to preclude a significant loss on a loan.
vi. Fund businesses that are relocating jobs ITom one commuting area to
another. The commuting area is that area defined by the distance
people travel to work in a locality of the project receiving financial
assIstance.
10 ..3. -,¿{
E. PORTFOLIO STANDARDS AND TARGETS
Program targets will be follows:
1. Types of businesses targeted:
a. Industrial/Commercial/Service - A minimum of 50% of the portfolio will
be targeted to industrial firms, with the remainder available for other commercial and
service firms. Essentially, industrial firms are businesses engaged in the production of a
product. Priority will be given to applications that have higher economic impact and
lower cost per job.
Specific emphasis will be placed on the five identified business clusters, being:
. Biotechnology
. Software
. Electronics
. Communication
. Medical services
b. Start-ups - A maximum of25% of the portfolio shall be lent to start-up
companies. Exceptions made to exceed this target shall be made only in situations
where repayment is guaranteed through a very strong collateral position.
2. Private Investment Leveraging Ratio
a. The portfolio shall maintain a private leverage ratio of 2: I or $2 of private
dollars or funds to every $1 in EDA funding.
3. Cost Per Job -
a. Everyone project shall have ajob creation or retention component
b. The portfolio shall maintain a cost per job ratio of $20,000 or less
c. The maximum cost per job for any single loan will generally not exceed
$30,000
F. LOAN SELECTION CRITERIA
Each application must demonstrate that financing is not otherwise available on terms
or conditions that would permit completion and/or the successful operation or
accomplishment of the project activities to be financed. The primary evidence for this
will be the analysis provided in the credit memo supported by outside documentation, for
example, bank decline letters.
Loans will be made on a first come first served basis and will be available to
businesses in the eligible area, if:
11 ,J-.J.:J...
I) Staff can demonstrate credit worthiness based upon the financing polices of the
plan;
2) The project is consistent with the business development strategy; and
3) The loan will meet program goals to facilitate in the creation of higher paying,
higher skilled, private sector jobs, diversifY and strengthen the economy, and stimulate
private investment. Priority will be given to those projects that provide the highest
economic stimulus relative to program goals.
4) The loan is consistent with the goal of maintaining a diversified portfolio.
G. PERFORMANCE ASSESSMENT PROCESS
The portfolio goals will be monitored at the time of reporting to EDA. If targets are
out ofline or a trend is noticed in this direction, more frequent monitoring will be done.
This will be accomplished by utilizing the current database software that is utilized to
generate the EDA report.
The EDA Administrative Plan will be reviewed annually as part of the annual
certification. Changes will be made to the plan as deemed appropriate to ensure the plan
is consistent with the area's current economic development strategy and that the RLF is
being operated in accordance with policies and procedures contained in the approved
plan. (Refer to Section VIII. D "Annual Plan Certification").
PARTTT. RJ?VOT VINe'. T OA N J?TTNO ORe'.ANT7 ATTON AT ~TRTTrTTTRJ?
A NO OPJ?R A TTON A T PRorJ?OTTRJ?S
A. ORGANIZATIONAL STRUCTURE
1. Overview
The City Council has authorized the City Manager to implement the RLF on
behalf of the grantee, the City of San Diego. The City Manager's designated chain of
command to administer the RLF is: Community and Economic Development
Department Director (strategic, resource development and accountability direction);
Economic Development Division Deputy Director (City Manager's authorized
contract signature designee); Business Finance Manager (general RLF oversight);
Senior Business Finance Officer (RLF Program Manager [day-to-day operational
management and program administration]); and, Business Finance Officers
(marketing, transaction processing, portfolio management, including administrative
and reporting duties as assigned). City staffwill be guided and supported by a
volunteer Loan Advisory Board and will contract for outside professional services as
needed. .
The San Diego Regional Revolving Loan Fund is a regional partnership ofthe
cities of San Diego, National City, Imperial Beach, and Chula Vista. The City of San
Diego will implement and manage the RLF, as outlined in the preceding paragraph.
12 ,,]-.2.3
2. The Revolving Loan Fund - Loan Administration Board (LAB)
The SDRRLF board, or the Loan Advisory Board (LAB), will include public
sector representatives from the member cities as well as private sector representatives,
and will advise the City Manager regarding loan policy and approving the extension of
credit as well as all major loan modifications (waivers) and loan foreclosure actions.
The LAB will consist of up to 15, but not less than five individuals, selected by
the City Manager, or (City Manager's authorized contract signature designee). Wherever
possible, the LAB membership will be comprised of: Three bankers from private lending
institutions; two non-bankers/small business owners; one real estate business
professional; and at least one public representative. The LAB will include ethnic
minority representation reflective of the community at large when at all possible. LAB
members will serve terms ITom four to six years. The first LAB will have staggered
membership to avoid having to acquire an entirely new board in future years.
Community outreach for selection of LAB members will be on a consensus basis among
participating City partners, with final selection authority resting with the City Manager,
or (City Manager's authorized designee.)
The Loan Board will generally schedule meetings monthly, but at least quarterly,
and will agree to review transactions requiring quick action on an "as needed" basis.
Organizational and operational matters, including loan decisions, will be made by a
majority vote ofa quorum of the Board. A quorum will exist whenever four members are
in attendance. However, at least one LAB member with financing experience (similar to
the type ofloans to be made) must be present for each loan decision. No loan will be
committed, no major loan modification or waiver agreed to, no loan foreclosure action
initiated without formal prior review and comment (in the form of LAB minutes) of the
Loan Board; however, final decision-making authority rests with the City Manager. The
LAB will also be responsible for advising regarding the pricing ofloans approved for
funding.
No officer, employee, or member of the LAB, or other board, or person related to
the officer, employee, or member of the LAB by blood, marriage, law, or business
arrangement shall receive any benefits resulting from the use ofloan or grant funds,
unless the officer, employee, or LAB member affected first discloses to the RLF on the
public record the proposed or potential benefit and receives the RLF's written
determination that the benefit involved is not so substantial as to affect the integrity of the
RLF's decision process and of the services of the officer, employee, or LAB member.
An officer, employee, or LAB member of the RLF shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor, entertainment or any other thing of
monetary value, for him or herself or for another person, from any person or organization
seeking to obtain a loan or any portion of the grant funds.
Former LAB members and/or officers are ineligible to apply for or receive loan or
grant funds for a period of one year from the date of termination of his/her services.
13 J-~ý
In addition, LAB members and staff will comply with all federal, state, and local
conflict of interest codes and requirements.
B. STAFF CAPACITY AND RESPONSIBILITIES
Staffwill generally originate, screen, process, structure, service, and monitor all
loans; however, outside service providers may be contracted as needed. . Staff will also
act as liaison with other funding agencies for borrowers. The primary program related
activities ofRLF staff will be as follows:
. Publicize objectives and availability
. Work with prospective borrowers to help them prepare and complete loan
requests
. Prepare loan and credit reviews and make final recommendations to loan
board (LAB)
. For approved loans, ensure proper execution of documents, compliance with
all appropriate regulations, timely loan closing and implementation of
project(s)
. Monitor ongoing operations of loan recipients
. Loan servicing and accounting
. Loan collections with assistance from attorney, including asset liquidation if
any; and
. Prepare and provide financial reports as needed, including individual account
status reports and required EDA and local jurisdictional report requirements
The operating system will be conducted as follows:
1. Evaluation/Screening:' Staff will work to evaluate, screen and package
prospective loan applications.
2. Processing: Staff will process individual loans, including filling out any
necessary forms, preparing loan packages, working with prospective
borrowers and private lenders.
3. Closings: Staff will work with an assigned attorney to perform any necessary
functions related to closing specific loans.
4. Disbursing and Servicing: Staff will be directly responsible for loan
disbursement; however, outside providers may be used for servicing.
5. Accounting: Staff will be responsible for accounting matters with the
assistance of the City Auditor.
6. Marketing Responsibilities: Staff will promote the RLF and make every
attempt to reach eligible applicants in targeted areas, utilizing the following
tools:
. Development of a close relationship between the program partners (San
Diego, Chula Vista, National City, and Imperial Beach);
. Promote program to conventional financial institutions;
. Work with community specialists including:
14 .3 -.,¿$
. Chambers of Commerce
0 Hispanic Chamber
0 Filipino American Chamber
0 San Diego African American Chamber
0 Greater San Diego Chamber
. SCORE (Service Corp of Retired Executives)
. Asian Business Association
. Greater San Diego Business Association
. Latino Business Association
. National Association of Women Business Owners
. San Diego Women in Business
. Small Business Development & International Trade Center
Business Finance Section staff will work with economic development officials
throughout the region to publicize the RLF and to identify eligible applicants, and
will:
. Contact commercial and industrial brokers
. Attend business networking conferences on a regular basis
. Develop public service announcements and/or program literature and other
forms of advertising
. Prepare and public an announcement as soon as possible after receipt of notice
of grant award
. Publish at least one article per year in a local newspaper or periodical noting
the availability of the RLF, its intent and how to access it
. Market the RLF through the partner cities and other internal and external
publications as they become available.
C. LOAN STRUCTURE AND APPROVAL PROCESS
Borrowers shall be approved based upon a reasonable assurance and
determination ofrepayment ability and potential economic benefits to the community,
i.e., number of jobs they will create, amount of taxes to be paid, relation to other
businesses and services.
Potential loan projects shall meet the general intent and purpose of the RLF in
evaluation of applicants, the Program Manager will consider whether the project/loan:
. Meets the targeting criteria
0 Is in one of the five targeted cluster industries
. Demonstrates a reasonable assurance of repayment
. Is consistent with the portfolio job/cost ratio established for the RLF
. Leveraging of private dollars (minimum of2:l target)
. Higher wage, higher skilled jobs
. Overall economic impact
15 .,3- ~
Loan requests will be reviewed and screened by staff using the criteria contained
in D as follows.
D. STANDARD LOAN APPLICATION REQUIREMENTS
Each potential borrower will be required to complete a Loan Application.
Potential borrowers are required to submit the following documents with their
application:
>- Three years of business and personal tax returns, all schedules
0 IRS Form 8831 (Request for Transcript) may be required
>- Three years of business financial statements, to contain as a minimum,
balance sheets and profit & loss statements (quarterly and/or monthly
>- statements may be required as appropriate).
Personal financial statement dated not more than three months prior to the
loan application. Required for each principal with 20% or more ownership in
the applicant company, and may be required for individuals with management
responsibilities.
>- Business plan with financial projections
>- Proof of hazard and liability insurance
>- Accounts receivable and accounts payable aging schedules, dated the same
date as most recent business financial statement;
>- Schedule of debts to include: 1) original amount of debt; 2) current balance
outstanding; 3) Payment amount(s); 4) interest rate; 5) collateral; 6) status
>- (current/delinquent).
Three year projections, generally to include: 1) a projected cash flow for a
minimum of 12 months; 2) projected balance sheet and income statement for
at minimum of 12 months; 3) other as may be necessary to adequately assess
the application.
The following list of requirements constitutes a checklist, which will be made a
part of the credit file and initialed by the Business Finance Program Manager.
The Loan Agreement shall contain covenants that shall require the borrower to:
a) The business must be located in an eligible census tract, as
approved by EDA;
b) Comply with all Federal civil rights requirements, which prohibit
discrimination against employees or applicants for employment or providers of
goods and services based on race, color or national origin, sex, age, handicap or
religion. .RLF borrowers will be required to provide Form 612 or comparable
information on employee data.
c) Comply with flood insurance purchase requirements of Section
102(1) of the Flood Disaster Protection Act of 1973, Public Law 93234, 87 Stat.
16 .3~.J-7
975, approved December 31,1976. Section 102(a) requires, on and after March
2,1975, the purchase of flood insurance in communities where such insurance is
available as a condition for the receipt of any federal financial assistance for
construction or acquisition purposes for use in any area that has been identified by
the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial assistance" includes
any form ofloan, grant, guaranty, insurance payment, rebate, subsidy, disaster
assistance loan or grant, or any other form of direct or indirect federal assistance.
d) Comply through the Lender with Section 106 ofthe National
Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order
11593, and the Archeological and Historical Preservation Act of 1966 (16 use
469a-l et seq.): I) by consulting with the State's Historic Preservation Officer on
the conduct of investigation, as necessary to identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to
adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Lender
of the existence of any such properties; and 2) by complying with all requirements
established by the Lender to avoid or mitigate adverse effects.
e) Comply with Section 2, of the Public Works and Economic
Development Act, as amended, which states that under the provisions of this Act,
new employment opportunities should be created by developing and expanding
new and existing facilities and resources rather than by merely transferring jobs
from one labor area to another. It shall be an event of default and the loan shall
be called if it is determined that I) the business used RLF loan proceeds to
relocate jobs from another commuting area or 2) the economic activity financed is
moved outside the commuting area to the detriment of local workers.
SECTION E. CREDIT REPORTS and LIEN SEARCHES
1. Credit Reports
Standard credit reports on all principals owning 20% or more of a business
under consideration for a loan and the business will be ordered and reviewed.
Credit reports for individual employees with management responsibility may
also be required. Adverse credit deficiencies that would cause the underwriter
to question the ability and or willingness of the potential borrower to repay the
loan will be deemed a valid reason for declining the request. A summary
review of the results of the credit reports shall be a part of the L,?an Write-up.
Costs of credit reports shall be for the account of the borrower, whether or not
the loan is approved.
2. Uniform Commercial Code (UCC) Lien Search
Where personal property is being taken as security (i.e. equipment, or business
assets), a UCC search shall be completed to determine any existing liens. A real
17 .3 -;L~
estate title report will be required in those instances where real property is being
taken as collateral.
3. Appraisal Reports
Where existing fixed assets and/or real properties are being used as primary
collateral, appraisal or other valuation determinations will normally be obtained.
Appraisals will utilize qualified appraisers having expertise appropriate to the
assets being pledged. The cost of these appraisal(s) shall be for the account of the
borrower, whether or not the loan is approved.
4. Environmental Reviews
The City of San Diego has an environmental review process in accordance with
the intent of the National Environmental Policy Act (NEP A) of 1969, as amended
(P.L. 91-190), as implemented by the "Regulations" ofthe President's Council on
Environmental Quality (40 CFR, Parts 1500-1508), as listed in Section D,
paragraph 10, of Title IX Economic Adjustment Program, RevoJving Loan Fund
Grants, Standard Terms and Conditions, December 1998. This review process
will include the following:
The borrower will be required to comply with applicable laws and statutes,
including, but not limited to,
a. The Clean Air Act, as amended (42. USC. 749) et seq);
b. The Federal Water Pollution Control Act, as amended (33 U.S.C.
1251, et seq.);
c. The Coastal Zone Management Act of 1972, P.L. 92-583, as amended
(16 U.S.c. 1451, et seq.);
d. Executive Order 11988, Floodplain Management (May 24, 1977), and
regulations and guidelines issued thereunder by the Economic
Development Administration;
e. Executive Order 11990, Protection of Wetlands (May 24, 1977);
f. The Endangered Species Act of 1973 P.L. 93-205, as amended (16
U.S.C. 1531, et. seq.);
g. The Safe Drinking Water Act, P. L. 93-523, as amended (42 U.S.c.
300f-300j-0);
h. The Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271, et seq.);
1. The Resource Conservation and Recovery Act of 1976, P.L. 94-580, as
amended (41 U.S.c. 6901)";
j. The Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), P.L. 96-510, as amended, by
Superfund Amendments and Reauthorization Act of 1986 (SARA) (41
U.S.C. 9601, et. seq.)
k. The National Historic Preservation Act P.L. 89-665 (16 U.S.c. 470, et
seq.), (36 CFR Part 800);
18 .3 -;2.-1
1. Coastal Barriers Resources Act P.L. 97-348 (16 U.S.c. 3501, et seq.);
and
m. All state and local environmental review requirements with all
applicable Federal, state and local standards. The RLF will ensure that
potential borrowers' environmental submittal is reviewed.
>- A site inspection of the property by a qualified inspector will
be conducted, as well as an environmental audit, as
appropriate.
>- Loans that will lead to alteration of the physical environment
(i.e. construction) will require compliance with the California
Environmental Quality Act (CEQA), PRC Section 21000, et
>- seq.
A determination will be made whether a Phase I or Phase II
environmental assessment is warranted for hazardous waste,
given the size of the loan versus whether an unsecured position
>- in a contaminated property is an acceptable risk for the RLF,
A mechanism to mitigate adverse impacts.
The LAB will disapprove any loan project that would adversely (without
mitigation) impact flood plains, wetlands, significant historic or archeological properties,
drinking water resources, or nonrenewable nature resources.
The SDRRLF will utilize the services of qualified personnel to review
environmental questionnaires for compliance with the above.
S. Standard Collateral Requirements
Loans will be secured to the fullest extent possible to protect the interests of the
RLF as a secondary source of repayment. The RLF will obtain a perfected interest in a
borrower's assets, including outside assets of related parties, as appropriate. Loans may
be secured with the following types of assets:
>- Real property
>- Machinery & equipment
>- Inventory
>- Accounts Receivable
>- Stock pledges
>- Patents and other intellectual properties
>- Securities
>- Intangibles
>- Personal and/or corporate guarantees
A personal guarantee will normally be required of any principal having at 20% or
more ownership in the company being considered; it shall also be required of the
principal(s) trust(s) deemed to be controlled by him or her. Personal guarantees may be
collateralized with liens or property. Appropriate hazard and liability insurance shall be
19 .3-.3-<J
required, and key many life insurance shall be considered depending on the size and
nature of the transaction and the health and ages of the principals. The SDRRLF shall be
named as a Loss Payee on the appropriate insurance policies. Trust deeds will be
obtained and supported by lenders title policies in those cases where real property is
pledged as collateral. Liens on personal property will be perfected by UCC filings where
other assets and/or "soft assets" are taken as collateral.
6. Standard Equity Requirements
The range for equity requirements will generally be 10-30% depending on risk or
other factors.
Business acquisition and start-up company loans normally require 20-30%
minimum equity participation or investment by new owners with exceptions approved by
the Program Manager where circumstances warrant. Assets (e.g. equipment), which are
added to a project, may be considered part of the equity investment, provided they are
free of lien.
7. Loan Write-Up
Written loan presentations to the Loan Administration Board will contain at a
minimum the following information:
1. Borrower is in an eligible lending area, approved by EDA.
2. Borrower: Detailed description of the borrower; i.e., is it a corporation,
partnership, sole proprietorship, Subchapter S? List owners and their percentage
of the business.
3. Guarantors: List the names and relationships of the guarantors to the owners of
the business as appropriate.
4. Business: Briefly describe the business and list it's SIC (now NAICS) code.
(a) Loan Request: State the amount of the request, the monthly
amortization, and term.
(b) Interest: Indicate the rate and whether it is fixed or floating.
(c) Fees: The maximum fee charged will be 2%. Applicants shall be
responsible for any outside costs incurred for processing, such as
appraisals, environmental reports, credit reports, etc. These fees
may be financed.
5. Collateral: Describe the collateral pledged for this loan, and indicate the secured
position of the RLF. Ifproperty is being pledged, show the present market value
and the net equity available for all properties pledged. Date of appraisal, name of
appraiser and loan to value must also be included.
6. Purpose: Describe in detail the purpose of the loan, i.e., fixed asset financing,
working capital, etc. Be specific about sources and uses of proceeds to complete
the project. Any proposed exceptions to loan policies need to be explained.
7. Public Benefit: Describe the benefit of this loan in terms of jobs retained and/or
created. Indicate the value of this borrower to the community. If it is located in
20 .3 -3(
an enterprise zone or revitalization zone, indicate which one. Jobs saved are
defined as jobs that would be imminently lost without SDRRLF assistance.
8. Job/Cost Ratio: Divide the total loan amount by the number of jobs saved,
created, and combined as a result of this loan.
9. Necessary and Appropriate: A borrower is not eligible for RLF financing if credit
is otherwise available on terms and conditions that would permit completion
and/or the successful operation or accomplishment of the project activities to be
financed. This section describes the reason why credit is not available- elsewhere
and should indicate what supplemental evidence supports this representation. The
second part of this section will state why this loan is an appropriate use of funds.
] O. Background and History of Business Operation: Describe the history and
background ofthe business, including a brief industry analysis.
II. Financial Analysis: Indicate the source of information for the analysis. Describe
the Company's financial performance as reflected by its financial statements, with
special emphasis on revenues and operating income, leverage, cash flow, and debt
capacity. Projection should be consistent with historical performance unless there
is an extraordinary event such as a new contract. Any significant changes in
financial positions or performance of the company will be explained.
12. Personal Financial Analysis: Write an analysis of the principal's and guarantor(s)
personal financial statements. Any significant changes in financial position or
performance will be explained.
13. Credit Report: Indicate the results of the credit reports obtained on the principals,
guarantors, and company.
] 4. EnvironmentaI Problems. Discuss the results of a site visit by an environmental
expert and relate any problems stemming from this visit or the environmental
forms completed by the borrower. Indicate what actions the borrower must take.
15. Recommendation: Support funding recommendation based on analysis of the
Company's industry, its place in that industry, financial analysis, and ability to
repay.
16. Findings: Indicate if borrower is eligible, under criteria established in the RLF
Plan and EDA Grant Agreement.
Accompanying this Loan Write-up will be spread sheets of the Company's
financial statements, most recent years' financial statement (if financial statements are not
available, tax returns should be included), personal financial statements of the Principals,
and financial projections.
8. Procedure for Loan Approvals
When a loan is approved, the SDRRLF staff shall sign "Approved" on the first
page ofthe Loan Write-up, and obtain the signature of the chair or acting chairperson of
the Loan Administration Board. The minutes of the' LAB meeting shall reflect this
approval and be circulated to all members of the Loan Board. SDRRLF staff shall be
directed to prepare and send a commitment letter with a time expiration date signed by
the Business Finance Manager to the prospective borrower, stating the terms and
conditions of the committed loan consistent with the Loan Write-up presented, and any
21 3-3~
provisions or changes recommended by the LAB. It shall also state "this commitment is
based on the fact that there have been no material adverse changes in the credit condition
of the borrower since statements and infonnation has been submitted to the SDRRLF. If
any such material adverse changes have taken place, this commitment is void and not in
effect"
In accordance with the EDA Revolving Loan Fund Standard Tenns and
Conditions, the following shall apply.
(a) The SDRRLF shall not make RLF funds available to a business entity if the
owner of such entity or any owner of an interest in such entity is related by
blood, marriage, law or business arrangement to the RLF or an employee of
the RLF or any member of the RLF LAB, or a member of any other Board
(hereinafter referred to as "other Board") which advices, approves,
recommends or otherwise participates in decisions concerning loans or the use
of grant funds.
(b) No Officer, employee, or member of the RLF LAB, or other board, or person
related to the officer, employee, or member of the board by blood, marriage,
law, or business arrangement shall receive any benefits resulting from the use
ofloans or grant funds, unless the office, employee, or board member affected
first discloses to the RLF written detennination that the benefit involved is not
so substantial as to affect the integrity of the RLF's decision process and of
the services of the officer, employee or board member.
(c) An officer, employee or board member of the RLF shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor, entertainment or any other thing
of monetary value, for himself or for another person, from any person or
organization seeking to obtain a loan or any portion of the grant funds.
(d) Former board members and/or officers are ineligible to apply for or receive
loan or grant funds for a period of one year from the date of termination of
his/her services. Fonner board members and/or officers are ineligible to apply
for, or receive loan or grant funds for a period of one year from the date of
tennination of his/her services.
(e) Loan Board members that have other professional relationships (i.e., banker
with loan to borrower) with a prospective borrower cannot be present for
deliberations, but may respond to questions from other members of the Loan
Board, in order to avoid the appearance of a conflict of interest All Loan
Administration Board members will be required to comply with local and
state conflict of interest policies and filing requirements.
9. Loan Decline - Appeal Process
The LAB will act upon recommendations for loan approval with the knowledge
that the due diligence and underwriting on each loan has been completed, and upon
reliance that the financial exhibits provided in the application are correct
If the LAB declines a loan, the applicant may appeal with a letter to the City
Manager, describing the basis for the appeal. The SDRRLF Program Manager will
22 .,3-33
review the appeal and present it to the Business Finance Manager, and the LAB, as
appropriate. The applicant will be notified of the appeal outcome. Ifreconsideration is
given to the original request, the applicant may be required to provide additional
information in the areas deemed to be weak, or lack depth, or areas, which resulted in the
original decline. If, after review, the application is not to be considered for
reconsideration, or if it is not approved, the applicant will be provided with the reasons
for the decline, and referred to other financing resources, if appropriate.
F. LOAN CLOSING AND DISBURSEMENT PROCEDURES
1. General Closing Requirements
(a) Proof of equity, such as current bank account statements showing the
needed funds on deposit, will be required for all loans requiring an equity
injection;
(b) If existing debt is being converted to equity, or subordinated, evidence
such as a subordination agreement, the original note, the conversion
agreement, corporate resolutions and copies of shares issued wíll be
required.
(c) Where another lender is involved in the financing of a business an inter-
creditor agreement setting forth the respective rights of the parties shall be
required where appropriate for the protection for the RLF.
2. Loan Closing Documentation Requirements
(a) All loans will require a promissory note and a loan agreement.
(b) Sole proprietorships using a "doing business as/dba" will be required to
provide copies of fictitious name filings.
(c) Partnerships will be required to provide copies of the partnership
agreements and buyout agreements if applicable.
(d) Corporations will normally be required to provide copies of the Articles of
Incorporation, By Laws, certificates of good standing, and corporate
resolution to borrow.
(e) All loans will require a security agreement where personal property
secures a loan.
(f) Perfection of collateral will require UCC filings on equipment and
fixtures, inventory and receivables, recording deeds of trust on real
property, and certificates oftitle or stock registration, as appropriate.
(g) UCC searches will be perforn:ed before loan board review to determine
position. UCC searches may also be performed after loan closing and
UCC filings to confirm that the desired lien position was actually
obtained.
(h) Lenders Title insurance will normally be required.
(i) Vehicle titles will show the holder SDRRLF as lien holder. If a third party
owns the collateral, hypothecation and assignment agreements shall be
required.
23 3-3tJ
(j) All principals with 20% or more ownership shall be required to provide
continuing guarantees, and subordination agreements, as appropriate.
(k) Inter-creditor Agreement, if necessary, to preclude prior lien holder ftom
increasing debt, and/or to delineate collateral and responsibilities of
lenders.
(1) At closing, the borrower will present the required hazard and liability
insurance policies, and any other insurance coverage such as key life
insurance, as required.
(m)Lease assignments will be taken as appropriate.
(n) Legal review by outside counsel.
3. Loan Disbursement Requirements
(a) The borrower will certify in the loan agreement that the funds are to be
used for the purposes intended as specified in the loan application.
(b) If the proceeds are for reimbursement of working capital utilized to
perform technological changes or retooling of equipment, a positive
covenant shall be included in the loan agreement stating the purpose ofthe
loan; breach of this covenant shall be deemed an event of default and the
loan may be called.
(c) If the proceeds are for the purchase of equipment, fixtures, or vehicles, the
borrower must show original invoices and the check will be made payable
to the vendor or jointly to the vendor or business. For working capital
loans, cash flow projections or other documentation will be required to
determine the loan amount and the schedule for loan disbursement.
(d) When a Closing Date has been determined, a request for Grant funds will
be forwarded to the EDA. This request will arrive at the EDA offices not
less than 14 business days prior to the agreed upon Disbursement Date. A
wire transfer into a designated bank account with an approved Bank will
be made for the proceeds of the loan. On the Disbursement Date the funds
will be made available in accordance with the loan disbursement
instructions. In the event the Disbursement Date is delayed for
insufficient documentation presented on the Closing Date, funds will be
wired back to the EDA within thirty (30) calendar days and a new
Disbursement Date will be set.
Note: Loans up to $100,000 must be deposited in an FDIC insured bank account. Funds
in excess of $1 00,000 should be collateral secured in a bank account whenever possible.
Interest earned on Federal draws (prior to subsequent disbursements) shall be returned to
the government quarterly, less the maximum amount allowed per year which may be
retained by tlÏe RLF.
In instances where construction is in progress, a building control account will be
established as necessary to avoid mechanics liens.
24 ...3 - 3-~
Section G. Loan Servicing Procedure
1. Loan Payment and Collection Procedures
Initially, the City will contract with a local bank to invoice borrowers monthly,
receive and deposit loan and interest payments into an interest bearing RLF bank
account, and advise SDRRLF staff when funds are received. Monthly reports of
disbursements, receipts of interest and principal and any past due accounts will be
provided. Timely notification of any payment due and not paid will be provided. The
City Auditor will provide control and audit functions.
Late fees (which will be incorporated in the body of the Promissory note) shall be
5% of the payment outstanding and begin accruing on the next calendar day after the
payment is due. Checks received and returned NSF shall result in a charge of$25. If
funds are not made good within 5 business days, late fees shall commence.
2. Loan Monitoring Procedures
(a) Annual financial statements (defined to include balance sheet, profit and loss
statement, cash flow statement, compiled or certified by the chief financial
officer and president) shall be required on all loans; quarterly financial
statements shall be required during the recovery stage or as appropriate;
monthly statements shall be optional as the situation demands. SDRRLF staff
shall monitor these and other dated requirements such as insurance renewals,
and UCC renewals. If documents are not received on a timely basis,
designated staff will be responsible for correcting the deficiency. Provisions
will be made in the Loan Agreement that audited statements may be required.
(b) SDRRLF staff will be required to contact borrowers at least monthly for the
first six months and determine whether the company is on line with its
business plan.
SDRRLF staff will schedule visits with each borrower on a quarterly basis. This
visit will be documented by memorandum, and will contmn a summary of the progress
the business is making from a marketing and financial perspective, as well as an
assessment of the business' future. This report shall be provided to the LAB.
Twice a year job retention and creation data will be compiled by RLF staff and
supplied to the EDA as part of the required reports. All required loan documentation and
special provisions would be monitored.
3. Late Payment Follow-up Procedures
(a) Upon being advised that a payment due was not made, RLF staff will contact
the borrower promptly to determine the problem, if any exists.
25 ,3-U
(b) The servicing bank will send a written notice of delinquent payment 5
working days after due date with notification of late penalty, and will notify
the RLF staff in writing.
(c) SDRRLF staff will send a second written notice 30 days after the due date.
(d) SDRRLF staff will send a third written notice 60 days after the due date.
(e) SDRRLF staff will send a fourth written notice 90 days after the due date.
(f) During the first 30 days of delinquency, written and oral communication, as
well as site visits by SDRRLF staff will be utilized to resolve the delinquency.
(g) If, after 90 days a delinquency still exists and the loan has not been
renegotiated or brought current, the loan will generally be determined to be in
default and recovery of the security will commence.
(h) If at any time during this 90-day period, the Business Finance Program
Manager believes that the borrower cannot or will not bring the loan current,
with Loan Administrative Board approval, SDRRLF staff can declare the loan
in default and begin recovery against collateral, if deemed appropriate.
4. Collection Procedures
The SDRRLF staff will work to exercise all rights and privileges of a lender in order
to collect the proceeds on delinquent loans. To ensure that the delinquent loan is
collected in an appropriate, efficient, and timely manner, staff will:
(a) Prepare a plan of action with guidance by the Loan Administrative Board for
collecting the loan and taking action against the collateral.
(b) Make sure all required loan documentation is in order.
(c) If appropriate, contact the City's internal counsel to coordinate collection efforts
and to insure that no laws or regulations will be violated by the collection effort.
(d) Immediately contact all other co-lenders of the delinquency.
(e) Notify the guarantors of the default and put them on notice that they are expected
to make payment, in full, upon demand.
(f) Begin collection procedures and/or asset liquidation process.
S. Write-off Policy and Procedures
Loans with an outstanding balance that have been placed in default and remain
outstanding after 180 days will generally be written off. In the event a loan is written off,
collection efforts will continue until determined not to be cost effective or prospects for
recovery no longer exist. A reasonable loss through defaults will be considered without
establishing a loan loss reserve.
ADMINISTRATIVE PROCEDURES
1. Procedures for Loan Files and Loan Closing Documentation
(a) All original primary loan documents will be maintained in the Loan/Collateral
file, which will be stored in a fireproof safe. This file will contain the original note(s),
loan agreement, collateral perfection documents (UCC filings, deeds of trust, etc.), all
26 J -.!3 Î
other original legal documents, and will include the document checklist signed by the
SDRRLF staff member conducting the closing.
(b) The Credit File will contain copies of the appropriate legal documents
needed to monitor the loan, as well as the original loan Write-up, financial statements
and tax returns, credit reports, personal financial statements, a copy of the commitment
letter, copies of proof of insurance, site visit memorandum, job reports, and any other
correspondence relating to the relationship between the borrower and the SDRRLF. A
chronological record shall be maintained recording all significant events by date with a
brief description.
(c) Application File: The application file shall be established to contain the
original application, business plan, financials, business plan evaluation, and any other
documentation provided to evaluate the application. Best efforts will be made to
maintain confidentiality of applicant records/applications.
(d) Record Retention: Loan files and related documents and records must be
retained for the life of the loan and for a three year period from the date of final
disposition of the loan. The date of final disposition of the loan is defined as the date of:
i. Full payment of the principal, interest, fees, penalties, and other costs
associated with the loan; or
ii. Final settlement or write-off of any unpaid amounts associated with
the loan
(e) Administrative records: The RLF Program Manager must:
i. Maintain adequate accounting records and source documentation
to substantiate the amount and percent of RLF income expended
for eligible RLF administrative costs.
ii. Retain records of administrative costs incurred for activities and
equipment relating to the operation of the RLF for three years from
the actual submission date of the last semi-annual or annual report
which covers the period that such costs were claimed, or for five
years from the date the costs were claimed, whichever is less.
(f) Make any retained records, even those retained for longer than the period
described, available for inspection. The record retention periods, described in
Chapter III, Part 316, Sec. 308.13, are minimum periods and such prescription is not
intended to limit any other record retention requirement of law or agreement. In any
event, EDA will not question claimed administrative costs that are more than three
years old, unless fraud is an issue.
2. Procedures for Complying with EDA Reporting Requirements
A collection account will be established and maintained in coordination with the
City Attorney and the City Treasurer in accordance with City regulations governing
collections.
27 ..3-.3~
3. Grantee Control Procedures
SDRRLF staff shall, periodically review collateral files and credit files to
determine if they are consistent, complete and correct. All accounts, books, records and
loan files shall be reviewed and audited in accordance with City Auditor standards, and
Federal Administrative and Audit Standards.
4. Plan Amendment Procedures
Any changes to this Administrative Plan shall be submitted to the EDA in writing
for approval consistent with requirements in the EDA Administrative Manual.
28 4-..3-9
T T~T OF FYHTRTTS'
Exhibit A: Organizational Chart Page 30
Exhibit B: Loan Administration Board Bylaws Page 31
Exhibit C: Application Checklist Page 38
Exhibit D: Applicant Worksheet Page 3
Exhibit E Sample Commitment Letter Page 3
Exhibit F: Sample Loan Closing Worksheet Page 4
Exhibit G: Loan File List Sheet Page 4
Exhibit H: Sample Servicing Report Page 4
Exhibit I: Sample Delinquent Letters Page 4
29 ..3-,-/-0
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30 .3-c.¡/
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T o~n Arimin;<tr~tion Ho~rri Hy T ~w<
SAN DIEGO REGIONAL REVOLVING LOAN FUND
LOAN ADVISORY BOARD
BYLAWS
ARTICLE I - THE ADVISORY BOARD
H. Section 1. Name of Advisory Board
The name of the advisory board shall be the "SDRRLF Loan Advisory Board"
(hereinafter refeITed to as the "LAB").
Section 2. Purpose
These SDRRLF LAB By-Laws must conform with and be consistent to the adopted
administrative procedures of the San Diego Regional Revolving Loan Fund ("RLF") and all State
and City laws.
The LAB shall provide a means for private citizen advice to the RLF on matters
relating to the implementation of the RLF in the project areas. In order to accomplish the
purpose, the LAB shall:
(I) Serve as a loan advisory board to RLF administrative management and staff.
(2) Identify RLF small business candidates and refer them to RLF administrative
management and staff as appropriate.
(3) Advise RLF administration and staff, when requested, in the loan decision-
making process by reviewing and evaluating loan applications/presentations and making
advisory recommendations as necessary and appropriate.
(4) Advise RLF administrative management and staff on loan/program policy
matters which deal with the planning and provision of small business loans through the
San Diego Regional Revolving Loan Fund.
Section 3. Membership
A romrn<itinn
The LAB shall consist of members in the numbers and categories as set forth
below:
1. Lending/Finance professionals in the area of small business lending
2. Real Estate professionals in the area of commercial real estate sales and/or
development
31 ..3-41
3. Small business owners with sufficient expertise and success in the
operation of a small to mid-sized business to be aware of the issues faced
by small business applicants.
4. Other professional and regional participants as are deemed necessary and
desired for operational of a well-rounded loan advisory board.
5. One representative from each partner city, which shall not have voting
authority on loans being reviewed for funding or review.
R Q"~lifirMinn<
(I) LAB members shall be qualified in their area of expertise, and when asked to
do so, will provide RLF administrative management and staff with
supporting resumes, etc.
(2) LAB members shall represent the diversified economies and ethnic mix of
the San Diego region.
(3) Any LAB member who is not or is no longer included in a designated
category from which he or she was elected shall resign or be subject to
removal from the LAB. Nothing shall prevent a person who is included in
two or more such categories from being eligible to be elected and to serve on
this LAB, provided that he or she is and remains included in that category
ITom which he or she was elected.
(' Prnj"rt Ar"~ Rnllnlhri,,<
The Project Area boundaries of the RLF are those census tracts that have been selected and
approved by the Economic Development Administration (EDA).
~p..tion J r AR Mpmhprohip
The LAB shall have a total often (10), but not more than fifteen (15) members
elected and appointed according to the following categories (and numbers):
a). Two (2) Commercial loan/finance professionals
b). Two (2) Commercial real estate agent/development professionals
c). Two (2) Accounting professionals
d). Two (2) Small business owners (may be retired, but active in community)
e). One (I) government representative from each of the partner cities of San
Diego, National City, Imperial Beach, and Chula Vista
f). Three (3) other community professionals as may be deemed appropriate and
beneficial to operation of a well-rounded LAB
~p..fion'::; TprminQtion of MpmhPr<hip
Membership in the LAB shall terminate, subject to the procedures described in Section 6 of
Article I, in the event that
(I) The member shall not be, or shall no longer be, qualified in the category to which he or she
was elected; or
32 .3 - {-2-
(2) The member shall have been absent from the number of LAB meetings specified in
these Bylaws; or
(3) The member has engaged in conduct inconsistent with and counterproductive to the
purposes and responsibilities of the LAB or Iris or her membership thereon.
Section 6. Removal of Memhers
A member may be removed by a vote of at least two-thirds (2/3) of the total
membership-of the LAB qualified and eligible to vote.
Section 7. Resignation
Any LAB member may resign at any time by giving written notice to the
Chairperson. Any such resignation will take effect upon receipt or upon any date
specified therein. The acceptance of such resignation shall not be necessary to make it
effective.
Section 8. Filling of Vacancies
In the event a vacancy occurs on the LAB by reason of death, resignation or removal, such
vacancy shall be filled by a majority vote ofthe remaining LAB members, with new members so
selected having to meet the qualifications set forth in Article I, Section 3 B.
For vacancies of seats of designated community organizations, the designated community
organization shall nominate a replacement person to fill the vacancy and that person shall fill the
seat only if ratified by vote of the LAB.
ARTICLE II - OFFICERS
I. Section 1. Officers
The officers of the LAB shall consist of a Chairperson, a Vice Chairperson, and a
Secretary and shall be elected in the manner set forth in this Article II.
J. Section 2. Chairperson
The Chairperson shall preside at all meetings of the LAB and shall submit such
agenda, recommendations and infonnation at such meetings that are reasonable and
proper for the conduct of the. business affairs and policies ofthe LAB. The Chairperson
shall sign all resolutions, approved minutes, and other legal documents of the LAB.
Section 3. Vice Chairperson
The Vice Chairperson shall perfonn the duties of the Chairperson in the absence
or incapacity of the Chairperson. In the event of the death, resignation, or removal of the
33 .3-</3
Chairperson, the Vice Chairperson shall assume the Chairperson's duties until such time
as the LAB shall elect a new Chairperson.
Section 4. Secretary
The Secretary shall keep the records of the LAB, shall act as secretary of the
meetings of the LAB, and with the support of RLF staff, shall record all votes, and shall
keep a record of the meetings in ajournal of proceedings. The Secretary shall attest to
and/or countersign all resolutions, approved minutes, contracts, and other legal
documents of the LAB.
Section 5. Additional Duties
The officers of the LAB shall perform such other duties and functions as may
from time to time be required by the LAB, the Bylaws or other rules and regulations, or
which duties and functions are incidental to the office held by such officers.
Section 6. Election
The Chairperson, Vice Chairperson, and Secretary shall be elected by the LAB at
its initial meeting and at each annual meeting, from among the members of the LAB.
Such officers of the LAB shall hold office for four, but not more than six, years or until
their successors are elected and qualified. Such officers shall not be prohibited from
succeeding themselves.
Section 7. Vacancies
Should the offices of the Chairperson, Vice Chairperson, or Secretary become
vacant, the LAB shall-elect a successor from among the LAB members at the next
regular or special meeting, and such office shall be held for the unexpired term of said
office.
ARTICLE III - MEETINGS
Section 1. Annual Meetings
Annual meetings shall be held in July on the fourth Thursday of the month of each year
unless otherwise designated. At the annual meeting officers shall be elected; reports of the affairs
of the LAB shall be considered; and any other business may be transacted which is within the
. purposes of the LAB.
Section 2. Regular Meetings
The LAB shall meet regularly on the fourth Thursday of each month, unless otherwise
designated. In November and December, the regular meeting date will be near a legal holiday,
therefore, the regular meeting shall be held on the second Thursday of those months.
34 J-4<f
Section 3. Special Meetings
Special meetings may be held upon call of the Chairperson, or of the majority of the
membership of the LAB, for the purpose of transacting any business designated in the call, after
notification of all members of the LAB by written, or electronic notice, personally delivered or by
mail at least 24 hours before the time specified in the notice for a special meeting. Such written
notice may be dispensed witb as to any member who at or prior to the time the meeting convenes
notifies the Secretary or RLF staff designate that they will be unable to attend the special
meeting. Additionally, RLF staff or Chairperson shall be responsible for the posting of said
notice at least 24 hours prior to the time specified in the notice for the meeting. At such special
meeting, no business other than that designated in the call shall be considered.
Section 4. Adjourned Meetings
Any meeting of the LAB may be adjourned to an adjourned meeting without the need for
notice requirements of a special meeting providing the adjournment indicates the date, time, and
place ofthe adjourned meeting. RLF staff or the Chairperson of the adjoumed meeting shall
notifY LAB members absent from the meeting at which the adjournment decision is made.
Section 5. All Meetings to Be Open and Public
All meetings of the LAB are subject to the Ralph M. Brown Act. These meetings shall be
open and public to the extent required by law. All persons shall be permitted to attend any such
meetings except as otherwise provided by law. Nothing contained in these Bylaws shall be
construed to prevent the LAB from holding closed sessions during a meeting concerning any
matter pennitted by law to be considered in closed session provided the LAB complies with the
conditions and procedures provided by law for closed sessions.
Section 6. Quorum
The powers of the LAB shall be vested in the members thereof in office from time to time. A
majority of the total number of filled seats of the LAB shall constitute a quorum for the purpose
of conducting the LAB's business, exercising its powers and for all other purposes, but less than a
majority of the LAB membership may adjourn the meeting from time to time until a quorum is
obtained. With a quorum, a majority of legal votes cast excluding blank votes and abstentions
shall be required for approval of any question brought before the LAB. Exact accounting of all
affirmative, negative, and abstaining votes shall be recorded in the minutes. Abstaining votes
shall include the name of the member.
Section 7. Absences
If a member shall be absent from the LAB from three (3) consecutive meetings, whether
regular or special, or from three (3) meetings within six (6) calendar months consecutively, such
absence shall effect the termination of the membership of the absenting member. Minutes of
LAB meetings shall display the attendance record for LAB meetings of each member for the
subject six-month period.
35 ..3 -4 ~
Section 8. Order-or-Business
The following shall be the order of business at regular meetings of the LAB:
I) RollCall.
2) Approval of Agenda.
3) Approval of Minutes.
4) Public/Member Comment on Non-agenda Items.
5) Chair and Subcommittee Reports.
6) Old Business (un-concluded, postponed, or tabled business from the prior
meeting).
6) New Business (loan applications, etc.).
7) Next Meeting Agenda.
9) Adjournment.
Any of these items above need to be detailed on the agenda in order to comply with the
Brown Act
Section 9. Resolutions
Resolutions of the LAB shall be in writing and shall be designated by number, reference to
which shall be inserted, in the minutes of the meetings at which they are approved. Approved
resolutions shall be filed in the official book of resolutions of the
ARTICLE IV - SUBCOMMITTEES
Section I. Establishment
The LAB shall have the authority to, and may, establish subcommittees as necessary to
accomplish the purposes set forth in Section 2 of Article I of these Bylaws.
Section 2. Membership
Each subcommittee shall only be comprised of members of the LAB. Each subcommittee
shall be composed of at least one (I), but not more than seven (7) members of the LAB.
Subcommittee meetings at which there is a possibility of attendance by a quorum of the LAB, as
well as any subcommittees which has a continuing subject matter or a regular meeting time, must
be noticed and comply with all other requirements of the Ralph M. Brown Act.
Section 3. Appointment of Members
The Chairperson ofthe LAB with the approval of the LAB shall appoint members on a'
subcommittee.
Section 4. Officers and Meetings
Subcommittee Chairpersons shall be designated by the Chairperson of the LAB, or at
the direction ofRLF administrative management or staff through election by the LAB
members appointed to the subcommittee. Each subcommittee shall elect a Vice
36 .3 -~ '"
Chairperson and such other officers as necessary, and shall establish the date, time and
place for meetings to conduct the subcommittee's business.
Section 5. Subcommittee Reports
From time to time, the subcommittee shall submit reports to the LAB, which reports
summarize the subcommittee's activities, findings and/or recommendations on matters for which
the subcommittee was established.
ARTICLE VI - AMENDMENTS
Section I. Amendment of Bylaws
The Bylaws of the LAB may be amended upon the affirmative vote of at least two-
thirds (2/3) ofthe total membership of the LAB qualified and eligible to vote at a regular
or special meeting, but no such amendment shall be adopted unless at least seven days
written notice there of has previously been given to all members of the LAB. Notice of
amendment shall identiJY the section or sections or the Bylaws proposed to be amended.
SDRRLFLABBylaws
Revision No.: 1
Date: October 17, 2002
37 ..3 -c/1
li'yhihit r. Applir"tinn "nil finp fiiligpnrp rhprkli.t~
SAN DIEGO REGIONAL REVOLVING LOAN FUND-
APPLICATION CHECKLIST
Business Profile: Product/service description; form of business organization;
missIOn; affiliates; location, etc.
- Business Plan: Introduction, product/services, market, operations, financial
viability, and conclusion.
- Prnjprtin...' Provide annual income and expense projections for the term of the
loan. Include monthly projections until breakeven is achieved and annual
projections thereafter. Include detailed supporting written assumptions.
- r".h li'lnw !i<t"tpmpnt. To support the company's projected performance, prepare
a monthly cash flow statement through breakeven.
Business Financial Statements: Fiscal year-end financial statements for the past
three years, as well as current (less than 60 days old) monthly interim financial
statements (Balance Sheet and Profit & Loss).
- Business Federal Income Tax Returns: For the prior 3 years, including all
schedules.
- Affiliate Information: For any affiliated company, including those 20% or more
owned by applicant principals, provide financial statements and tax returns as
called for above
Schedule of All Business Debt: Form provided.
Shareholder Schedule: Provide names, amounts invested, number of shares held,
share pnce paid, special rights, percentage ownership and purchase dates.
Arrnnnt< R..r..iv"hl.., Arrnnnt< P"y"hl.., "nil T"y... P"y"hl.. Aging' Provide
aging as of the most recent fiscal year end and interim statements. For accounts
receivable, provide copies of invoices or master listing for all major accounts; for
accounts payable list vendors' names and addresses and any special terms
provided; for taxes payable, provide details of quarterly tax liabilities, including
any unpaid periods, liens, or workout agreements. NOTE: SDRRLF requires
all delinquent taxes to be paid prior to funding.
Copies of Contracts: Major purchase orders, license agreements, exclusives,
trademarks, copynghts, leases etc.
- li'mp'nyp" T i<t. Provide job titles, full or part time status, and current annual
salaries. (Complete form provided).
SUPPORTING INFORMATION
Use of Proceeds Statement: Provide a detailed breakdown of pro¡:osed
expenditures of loan proceeds, with explanation and timing of eac .
- Priv"tp M"trhing li'nnll.. SDRRLF requires at least a matching amount of
private/leverage capital. Explain need/strategy to attract concurrent outside
capital and target amount sought.
38 ..3-4~
Nnn-Oi...I....nrp T pttpr' Directed to the City of San Diego (sample provided).
Credit Report Authorization: Complete, sign, and return form provided.
- Appli..Minn ]<pp' Provide a (non-refundable) $250 check payable to the City of
San Diego prior to processing.
PERSONAL INFORMATION
For each principal active in management holding 20% or more in company stock, please
submit the following:
~ For officers who are key to the daily management ofthe company.
Personal Financial Statement: Complete attached form or similar format, with
Information less than 60 days old.
- Ppr.n..,, ]<pilPr,,1 Tn..nmp T"y Rptnrn.: For the prior 3 years, including all
schedules and K-l's if applicable.
Questions regarding this material may be directed to:
Trish Hughes-Raber, Senior Business Finance Officer (619) 533-7454 emai1:
phr"hpr@."nilipgn gnV
..3-49
39
Exhibit D:
APPLICANT WORKSHEET:
Review Item Received/Comment
A. Corporate Organization
I. Articles of Incorporation
2. Bylaws
3. Recent Changes in Corporate Structure
4. Certificate of Good Standing
5. Shareholder List
a) Show Number of Outstanding Shares and Percent Owned
b) Stock Option or Share Appreciation Rights Plans
6. Parent, Subsidiaries and Affiliates
7. Shareholder's Agreements
8. Minutes of the Board of Directors
B. Business Information
1. Product Offering
2. Depreciation Method
3. Patents
4. Management Information System
C. Marketing
I. Pricing Strategy
2. Patents Held
2.a. Trademarks
3. Distribution Channels
4. Promotion Methods
5. Customer Base
40 ....3 - .s.-o
a) Top Ten Customers By Product Line - Showing Volume
b) Market Share By Product Line
D. Business Plan
I. Most Recent Five Year Business Plan
2. Prior Business Plan
E. Financial Statements
1. 5 Years of Historical Audited Statements
a) Income Statement
b) Balance Sheet
c) Funds Statement
d) Change in Equity Statement
2. Year-to-Date Internally Generated Monthly Statements
3. Most Recent Five Year Projections
4. Monthly Sales Projections Taking Seasonality Into
Account
F. Tax Status
I. Historical Tax Rate
2. Net Operating Losses
G. Operating Data
I. Accounts Receivable
a) Turnover or Days
b) Aging
c) Control and Credit Policy
d) Seasonality
2. Inventory
a) Turnover or Days
41 J -S-f
b) Obsolescence Policy
c) Sources of Supply
d) Valuation Method
3. Backlog
a) By Product Line
b) Five Year History
c) Current
d) Seasonal Issues
H. Contracts
I. List Major Contracts by Product Line
2. Terms
I. Capital Expenditures
1. Last Five Years
2. Five Year Gross Projection
3. Detailed Priority List With As Much Analysis as Possible
I. Equipment
1. List
2. Age
3. Appraisal
a) Orderly Liquidation Value
b) Replacement Value
J. Debt and Leases
1. Lender
2. Terms
3. Interest Rate
42 ....ß - S' d...
4. Payment Schedule
K. Litigation
1. Current
a) Description
b) Potential Damages
2. Potential
a) Description
b) Potential Damages
L. Property
1. Description
2. Recent Acquisitions or Spin-Offs
3. Expansion Plans
M. Insurance
1. Property
2. Liability
3. Workman's Compensation
4. Other
N. Competition
1. By Product Line
a) Name, Address and Phone Number
b) Size of Overall Company
c) Size of the Business Unit that is the Competitor
d) Market Share
e) Competitive Advantages and Disadvantages
2. Trade Publications
a) Name, Address and Phone Numbers
43 J-s3
O. Management
1. Organizational Chart
2. Resumes
3. Ownership Interest
4. Compensation and Contracts
5. Performance Evaluation Criteria
6. Profit or Gain Sharing Policies
P. Employee Relations
1. Unions
a) Name of Union
b) Name of Local President, Address and Phone Number
c) Copy of Contract
d) Date of Last Election of Officers
e) Date of Last Contract Ratification
f) Term of Contract
2. Number of Employees by Job Category
3. Wage Rates
4. Benefits
5. Profit or Gain Sharing Policies
Q. Pension Plans
1. Funding Status
2. Balance Sheet Treatment
3. Ten Year Projected Cash Expense
R. Retiree Medical Benefits Liabilities
I. Funding Status
2. Balance Sheet Treatment
44 ...J - ~-Ý
3. Ten Year Projected Cash Expense
S. Environmental Liabilities
1. Description
2. Phase One Studies
3. Phase Two Studies
4. Five Year Projected Remediation Cost
5. Five Year Projected Compliance Cost
T. Last Corporate Transactions
1. Description of Each
2. Purchase and Sale Agreement of Each
45 ,J-sS-
I<'"hóhòt 1<'.
S"mp]p ('ommitmpnt T pttpr
Date
Borrower
Re: Loan Approval/Intent to Lend
Dear Borrower:
This commitment letter will confirm that on behalf of the San Diego Regional
Revolving Loan Fund, the Loan Board of the SDRRLF approved a commitment to make
funds available to you substantially upon certain terms and conditions. This approval
was made on
1. Amollnt "nn N"tnrp ofT o"n. Loan Amount ($000,000.00) associated with
the acquisition of the commercial property at
2. £urpose. The loan funds will be used solely for the acquisition of the
commercial equipment, and related soft costs.
3. M"tllrity "nn P"ympnt ofT o"n. The amortization ofloan will be fifteen
(15), with a 60-month call, and will be payable as follows: Principal and Interest
payments, with interest commencing ITom date of note, with interest accruing at
~% fixed. The estimated payment amount is $ per month, with first
payment due the first day of the month following the original note date.
4. Interest. The stated interest rate on the loan will be percent
<-%). Following any default, the interest rate shall increase to the maximum rate
allowed by State of California Law after any default. Interest will be calculated based
upon a 365-day year.
In the event any payment is more than fifteen (15) days past due, you will be
assessed a late charge of five percent (5%) of the amount of such payment for each thirty
(30) day period for which the payment is overdue.
5. Fvinpnrp of OhligMion. The loan will be evidenced by a promissory note
executed by you, together with the documents necessary to create and perfect security
interests described herein.
46 J-SCc
6. F",,< "nrl Fvp"n<,,<. You shall pay all out-of-pocket expenses incurred by
the SDRRLF in connection with this transaction, including legal fees and disbursements
of counsel and including by way of illustration, but not limited to appraisal costs, title
insurance premiums and other related title company costs, escrow fees, UCC search fees
and all recording fees, even in the event the transaction is not consummated.
7. S"rnrity Arr"ng"m"nt<. The loan will be secured by a second position
deed of trust on the commercial real property located at ; a
first security filing on equipment of , guarantees of
, and ; deed of
trust on personal residence at ;
and deed of trust on personal residence at
8. rnnrlitinn< nO "nrling The loan will be conditioned upon satisfaction of
all required elements, for example, the following:
(a) Execution by you of all documents required by the SDRRLF to
evidence the loan or any of the security interests described herein.
(b) Approval by the SDRRLF of the results ofa title report and lien
searches on equipment and fixtures.
(c) The availability of funds from grants made by the federal
government to the City of San Diego on behalf of the San Diego Regional Revolving
Loan Fund.
(d) The absence of any adverse change in your business or financial
condition.
(e) The SDRRLF is satisfied that no hazardous waste or substances,
toxic, waste, substances or pollutants are or have been used, generated, stored or removed
on or from the real property to be covered by the deeds of trust described herein in
violation of any federal, state or local law, rule or regulation. You will be required to
indemnifY the SDRRLF against any such violations.
(f) Your obtaining irrevocable written commitments from other
lenders and providing such additional funds as are reasonably necessary in the discretion
of the SDRRLF to permit you to complete the acquisition and purchase of the property
located at:
(g) Your provision of evidence satisfactory to the SDRRLF that
is organized and qualified to do business in this state and that all
transactions to be entered into on behalf of the corporation and Limited Liability
Company have been duly authorized.
(h) Payment ofa commitment fee for $150.00 within the time
provided for execution and return delivery ofthis letter.
47 ..,3-57
(i) Payment ofa loan fee in an amount equal to one percent (1%) of
the loan at closing.
9. ('mIPnont<. In connection with the loan, you will be required to comply
with all of the following:
(a) Within time periods established by the Authority you will be
required to provide annual, CPA compiled financial statements; quarterly in-house
financial statements; annual personal financial statements and personal tax returns, with
all schedules, for borrower, guarantors, and affiliate companies, and provide a copy of
the borrowers Letter of Engagement between the company and the accounting firm
preparing such statements.
(b) You will be required to provide evidence of adequate liability and
property damage insurance in an amount and with a company satisfactory to the RLF.
10. Default. The Loan Agreement and other loan documents will contain
provisions making any breach of any term or condition thereof a default.
II. Mi<rplI..npoll<.
(a) Funds used by the RLF to make the loan will be provided in part
by the Economic Development Administration, (EDA), and as a consequence will be
subject to certain restrictions and requirements, all of which will be described in the Loan
Agreement.
(b) You will not have any right to assign the loan or any of your
interest therein.
(c) Time is of the essence in the performance of all of your obligations
hereunder.
(d) This letter and the loan shall be construed and interpreted in
accordance with the laws of the state of California.
(e) ORAL AGREEMENTS, PROMISES, OR COMMITMENTS
TO LOAN MONEY, EXTEND CREDIT, MODIFY OR AMEND ANY TERMS OF
THE LOAN, RELEASE ANY GUARANTOR, FORBEAR FROM ENFORCING
REPAYMENT OF THE LOAN OR EXERCISING ANY REMEDY UNDER THE
LOAN DOCUMENTS, OR MAKE ANY OTHER FINANCIAL
ACCOMMODATION PERTAINING TO THE LOAN ARE NOT
ENFORCEABLE UNDER CALIFORNIA LAW.
This commitment is conditioned upon the preparation, execution and delivery of legal
documentation in form and substance satisfactory to the SDRRLF and to its counsel,
which documentation in addition to incorporating substantially the terms set forth above
will include such other terms as are customary for transactions of this type. This
commitment is further conditioned upon the strict compliance by the Borrower with all
requirements of this commitment letter before the expiration date hereof.
48 J - ~-f
Please evidence your approval of the foregoing to signing and returning the lender
the enclosed copy (accompanied by the commitment fee referred to above) on or before
. If such executed copy (and fee) is not received by the SDRRLF by
such date, then this commitment shall automatically expire and be of no further force or
effect.
Very truly yours,
SAN DIEGO REGIONAL
REVOLVING LOAN FUND
By:
Its: Administrator
Accepted this - day of -' 2002.
BORROWER:
By:
Its:
49 ..3 - S-~
Exhibit F: Sample Closing Checklist
if:;ostNe',€ïm€KlIJIs'lii
A~~nl1nt Nßmp'
Apprnvpif.
TTli'M R1i'QTJf~li'.\1
Re uired Received/Com lete
Yes No Yes No
A. Documents:
Lease
1. Escrow /Di s bursem ent Instructions
50 J- G..O
2. Copv of lender( s)
annroval/commitment/decline letter
3. Tenant and owner lease
aGreements received
4. Title Commitment
4. (a) Title Policv #
Contact Name:
5. Organizational documents and
borrowinn resolutions
6. Liability and fire protection insurance
binders
7. Flood Hazard Determination
8. Copy of purchase agreement/and
amendments
9. Bills/invoices to be paid from escrow
10. Copies of architect, engineer, and .
construction contracts
11. Receipt of performance bond, as
renuired
12. Copies.of all construction lien releases
13. Copies of all reports, certificates, or
other documents furnished by
construction lender
14. Real estate appraisal and all addendum
15. A certified survev with a legal
16. Evidence thatreQuired equity has
17. Other (list bel.ow)
51 ....7-(.",(
17. Other (list below)
17a. Order check for closing
17b. Final review of documents
l7c. All insurance binders received
l7d. Prenare data entrv sheet
iD. DOCUMENTS TO BE REVIEWED AND/OR MODIFIED
Review Renuired? Rewrite Renuired?
Yes No Yes No
1. Promissorv Note
2. Security Agreement
3. LoanAQTeement
3.a. UCC Filings
4. Participation Agreement
5. Continuing Guarantv
6. Other documents
7. Warrant Agreement
8. Conies of Subordinated Debt
9. Conies of Other Notes/Warrants
10. Inter-creditor Agreement
Date Loan Closed: Staff:
52 ..J-"~
]i'"h;h;f r.. T "ßn ]i'ilp f"hp"ld;d
SAN DIEGO REGIONAL REVOLVING LOAN FUND PROGRAM CHECK
LIST
APPLICANT:
-
MAILING ADDRESS:
CONTACT: PHONE ( ):
PHONE ( ):
FAX:
PROJECT ADDRESS:
( ) Application ( ) Business Plan ( ) Balance Sheet & ( ) Tax Returns
Income Statement
ro'ected
( ) Interim ( ) Projected ( ) Personal Financial Statement
Statements Cash Flow (12)
months
( ) Personal Tax return ( ) Business Tax return ( ) Personal credit report
( ) Business credit report ( ) Purchase & sale agreement () Construction schedule
( ) Bid or cost estimates ( ) Appraisal or valuation ( ) List of other collateral
( ) Legal or Parcel Numbers ( ) Organizational documents ( ) List of existing loans,
commitments, or equity
investment
( ) Copies of tenant leases ( ) Copies of building leases () Environmental
uestionnaire
( ) NEPNCEQA or other ( ) Completed loan write-up () Other
environmental reporting
re mre ts.
J -'3
53
)cyhihit H.
S"mr1p Sprvicing Rprnrt
STARTUP LIST OF EXISTING AND PROJECTED JOBS:
JOBS REPORTS DUE: Semi-annual/Start date:
JOB CREATION OBJECTIVE: L-.J MET: (Date)
JOB RETENTION OBJECTIVE: L-.J MET: (Date)
Job CreationlRetention Reports Received:
Date: Emnlovee Status:
Date: Emnlovee Status:
Date: Emnlovee Status:
Date: Emnlovee Status:
Date: Emnlovee Status:
Insurance Certificate with the RLF listed as Loss Payee Required on:
( ) FF&E ( ) Vehicles ( ) Real Estate ( ) Inventory
( ) Personal Residence ( ) Key Man Life Insurance
Other ( ) General Liability
Company Name:
Collateral Covered:
Agent Name: .Agent Phone:
Expires:
Company Name:
Collateral Covered:
Agent Name: Agent Phone:
Expires:
Comments on Expirations/Change of Coverage:
54 ...3-"-'1
PROJECT SITE VISIT: FILE REVIEW
ONLY?
ORlGINALLÖANPURPOSE
LOAN AGREEMENT IN
COMPLIANCE
ColJlents
MinoritylEthnic Group
er week: Asian Pacific Islander
55 J-fcS--
FyhihH T.
""mrl" 0,,1;,,']",,"1 T "tt""
Date +QO n"y T pttpr
Borrower
RE: San Diego Regional Revolving Loan Fund, Loan #
Dear:
You are hereby notified that due to your failure to make the monthly payments
due December, ; January, February, March, April and May, 2000, each in
the amount of $ , pursuant to the terms of that certain Promissory Note dated
in the original principal amount of $ (the Note)
given to you by the San Diego Regional Revolving Loan Fund (SDRRLF), you are in
default under the terms of the Note.
Pursuant to the terms of the Note, the Authority hereby demands that you pay all
payments now due, together with accrued interest, late charges, and any costs or fees
incurred by the Authority in connection with the default as provided in the Note.
The current principal balance of the Note is $ as of
with interest accruing on the principal balance ÍÌom , the date of your
default, at the rate of ~%) per annum. In addition, you are
required to pay a late charge equal to five percent (5%) of the amount of the monthly
payment due for each thirty day period after fifteen days from the due date of such
payment. Late charges due as of the date of this letter total $
Payment of all amounts due, which total $ , must be made to the
SDRRLF at 600 B Street, Fourth Floor, San Diego, CA 92101.
You are being given 30 days from the date of this letter to bring these payments
current. Failure to do so will result in legal action against the corporation, and you
personally.
Very truly yours,
Senior Business Finance Officer
ADMinManuaiFinal073102V er2
10/17/20029:43 AM
56 J -to (p
13-Months O-Months 8 %
pmjected Actual Variance Variance
Income Accounts
Bank Interest 8 8 8 0%
Investment Intarest 8 8 8 0%
Portfolio Intarest 8 8 8 0%
85DDxB A lI..tlon/Late Fees 8 3,00000 8 8 3,000.00 0%
Totsllncome 8 3,000.00 8 8 (3,000.00) 0%
Expense Accounts
Parsonnel Expense
Em 10 ee Sala,'es 8 B7,3DD.DD 8 8 (B7,3DDDD 0%
Em 10 ee Filn e Benefits 8 27,50000 8 8 27,SDD.DD) 0%
Subtotal 8 124,BDD.DD $ $ (t24,BDD.DD 0%
Non Personnel Expense
Misc. Maiketln ISu lies $ 2,300.00 $ $ 2,300.00 0%
Loan Pmce,,'n IClosln $ 24,000.00 $ $ 24,00000 0%
Pilntsho Se",lces $ 3,000.00 $ $ (3,00000 0%
Advertlsln IMa,ketin $ 3,000.00 $ $ (3,00000 0%
T"os oilatlon Allowance $ 3,000.00 $ $ 3,000.00 0%
T"'n'n IMt s/Netwolkln events $ 2,000.00 $ $ 2,000.00) 0%
Tiavel Dthar than T,alnln $ $ $ 0%
TiavellTialnln $ $ $ 0%
Tialnln In Town $ $ $ 0%
Membe",hI s $ $ $ 0%
Accountln $ $ $ 0%
Indleect Costs (Utility & Dve"'ead $ 15,00000 $ $ 15,000.00 0%
Fumltuee/E ul menUSu lies $ $ $ 0%
Subtotal NPE $ 52,300.00 $ $ (52,300.00) 0%
RLF PeeOevelo ment Costs $ 50,000.00 $ tS,DDD.DD $ 3S,DDD.DD 30%
Totsl Expenee . Personnel/NPE/Oevetopment 8 227.100.00 8 15,000.00 8 (212,100.00) 7%
Dpmtlno Su,plus $ (224,tDD.DD) $ (15,00000) $ 2DB.tDD.DD 7%
Qthe, Revenues fo, Admlnlstlatlon
33% Redevelopment $ 5B,443.DD $ $ (sBA43.DD) 0%
33%+Leoal Buslne.. FInance $ 7D,B43DD $ $ 0%
7%+Leoal Chula Vista $ 24,BB7.DD $ $ (24,BB7.DD) 0%
17%+Leoal National City $ 42,BD7.DD $ $ 0%
10%+Legal Imperial Beach $ 3D,2tDDD $ $ 0%
Total Otha, Revenue $ ts4,2B3DD $ $ (154,2B3DD) 0%
Qthe' Expenee $ $ $ 0%
Net OperatIng Su'l>lua IncludIng Oth.. Revenue 8 (69,B17.00) 8 (15,000.00) 8 54,B17.00
PmOlam Giant Allocation Match AdmIn $ PlOdevelop. 8 Totsl Expenee
San Oleoo 6B% 81,000,000 8 116,B8B 8 12,500 8 129,38B
Chula VIsta 7% 8100,000 8 12,307 8 12,500 8 24,897
National CIty 17% 8250,000 8 30,107 8 12,600 8 42,B07
Imperial Beach 1D% lliQ.QQ!I 8 17,710 8 12.500 8 30,210
100% 81,500,000 8 177,100 8 50,000 8 227,100
.3- -" 7
PURPOSE and BACKGROUND
The San Diego Regional Revolving Loan Fund (SDRRLF) can supplement private
financing of new or rehabilitated buildings, fixed machinery and equipment, working capital and
soft costs, in the RLF project area. Project area is defined as eligible census tracts in the cities of
San Diego, Chula Vista, National City, and Imperial Beach. The RLF is funded by a grant from
the Federal Economic Development Administration (EDA) and matching funds from the Cities
of San Diego, National City, Imperial Beach, and Chula Vista. The City of San Diego,
Economic Development Division, a division of the Community and Economic Development
Department administer the loans.
1. Eligibility:
To be eligible for assistance under the San Diego Regional Revolving Loan Fund, a
business must:
a. Be located in an eligible project area census tract. The project area is defined by
census tracts that fall into areas of eligibility as defined by EDA.
b. Create new employment opportunities.
c. Have firm financial commitments for other components of the project to be
financed.
d. Be willing to comply with all regulations, guidelines, policies, and requirements,
as they relate to the program.
e. Demonstrate that financing is not otherwise available on terms or conditions that
would permit completion and/or the successful operation or accomplishment of
the project activities to be financed.
f. Demonstrate credit worthiness and the ability to repay the loan.
..3-~8
2. Uses:
The applicant must demonstrate that RLF funds are necessary for project
implementation, as RLF funds are not designed as a substitute for conventional lending
sources. This fund is designed to fill gaps in existing financial markets or to attract
capital which otherwise would not be available. Approved loans are made available on a
pro-rata basis with other financing to the project, to the extent feasible. Direct loans,
which are not gap, may be approved on a case-by-case basis, after confirmation that no
other sources of financing are available to the applicant.
a. Rehabilitation of existing buildings, including related soft costs.
b. New construction, including related soft costs.
c. Property acquisition and improvements, including related soft costs.
d. Fixed equipment or machinery.
e. Working capital, either permanent or interim, and inventory (up to 50% of the
loan amount). Note: All working capital and inventory loans will be secured by
long-term fixed assets. Working capital and inventory loans are limited to 50% of
the RLF portfolio, so this type of financing may not be available at all times.
f. Commercial lease guarantees.
g. Other, as deemed beneficial to the goals of the program.
3. Public Benefit:
a. Job creation
i. New jobs are allocated at the rate of $30,000 per for the RLF.
(Example: 6 new jobs created would allow funding up to $180,000 for a single
project)
b. Job retention
(Job retention must be supported by documents that detail the reason the company
would leave the area, loose jobs, etc. EDA's job retention requirement does not
allow for a company to move from one part of the county/city to another to
qualify for jobs being retained because the mileage driven by the employee would
not be substantial. However, if an employer is moving from another county, those
jobs being saved by moving to a qualified RLF census tract would count as
retained.)
4. Financing:
The City of San Diego and its regional partners will have discretion to establish
loan terms that meet project needs and the intentions of the program. The following
conditions will guide the selection ofloan commitments:
Thursday, October 17, 2002 2..3 -(;, c¡ Sa nDiegoRegional RLFSummaryDoc
a. Loan Amount
1. The RLF loan cannot exceed 33% of the total eligible project costs.
Projects requiring greater than 33% ofRLF participation will be
considered on a case-by-case basis, and may require an additional approval
from EDA. Priority may be given to projects with less than 20% RLF
participation.
2. Loan amounts will be from $150,000 to $250,000, in general, with the
capacity to loan up to $750,000 with EDA approval.
b. Term
1. Generally loans will be direct loans fully amortized over three to seven
years, however, longer loan terms will be available based upon the
borrower's needs, repayment ability, and asset life. In general, loan terms
will not exceed the average useful life of the assets being financed.
Working capital loans will not carry a term in excess of seven years.
General terms based on asset being financed are: :
Fixed Asset financing: Up to 10 years
Commercial Building Rehab. Up to 7 years
Permanent Working Capital Up to 7 years
c. Rate
The rate will be fixed at the time the loan is closed, based on rates established by
the program. In general, loan rates will be at or near market rates, generally at prime plus
+2%. In no event will the interest rate be less than 4.0 percentage points below the
current money center prime at the time the loan is approved, or the maximum interest rate
allowed under state law, whichever is lower, or less than 4%.
d. Fees assessed in conjunction with this project are:
Non-refundable Application Fee: $250
Commitment Fee (90-day commitment): $150
Commitment Extension Fee
Thursday, October 17, 2002 3 ...3 -70 Sa nDiegoRegional RLFSummaryDoc
(One time option): $250 for additional 180 days
Or: $500 for additional 270 days
Or:
Loan Fee: 1 % of amount borrowed, plus
out of pocket costs.
Loan Rewrite or Modification Fee: 1/2 of I % of outstanding
balance, and out of pocket costs.
5. Equity Requirements:
For each individual loan, the equity requirements will generally range from ten to thirty
percent ofthe total project cost. Higher equity requirements may be required, depending
on the project being financed by the RLF.
6. Collateral:
Personal guarantees of all owners of20% or more of the business, or active in
management, are generally required. In addition, one or more of the following will be
required as security for the loan:
a. A first or second Deed of Trust on real property, owned by the business or
guarantor.
b. Assignment of rents, leases, and/or receivables.
c. Security interest in equipment, inventory, and/or other assets.
d. Assignment of life insurance policies (key man insurance) on owners
and/or key management personnel.
e. Deed of Trust on personal residence of key management personnel.
f. Revenue participation in the form of royalties, warrants, or other.
7. Processing Procedures:
Potential applicants can initiate a loan application by contacting the City of San Diego,
Economic Development Division at 619-533-7454.
Thursday, October 17, 2002 4 ..3-71 San DiegoRegional RlFSummaryDoc
APPENDIX
SPECIAL REQUIREMENTS FOR
PROJECTS INVOLVING CONSTRUCTION
This loan program utilized funds from the Economic Development Administration (EDA).
Construction projects financed in whole or in part by these funds are subject to all applicable
requirements* for:
1. Equal Employment Opportunity (EEO);
2. Minority and Women-Owned Business Enterprises, and
3. Federal Labor Standard Provisions.
The first item sets goals for minority and female participation in the construction work force.
The second item sets goals for subcontracting work by minority- and women-owned businesses.
The third item sets prevailing wage standards for the construction work force.
Prior to the submission of your application, you are encouraged to contact the Program
Administrator and/or assigned loan officer at 619-533-7454, to discuss these requirements as
they apply to your project. We will gladly assist you in developing a program to meet these
requirements.
* References:
1. Equal Employment Opportunity -- Executive Order 11246, as amended by
Executive Order 11375.
2. Minority Business Enterprise Policy -- United States Department of Housing and
Urban Development (HUD), Region X.
3. Federal Labor Standards Provisions - United States Department of Housing and
Urban Development (HUD).
4. All other Federal and/or local requirement.s related to the project being financed.
Thursday, October 17, 2002 5 ...3 - 7 J..... SanDiegoRegionalRLFSummaryDoc
SAN DIEGO REGIONAL REVOLVING LOAN FUND
LOAN ADVISORY BOARD
BYLAWS
ARTICLE I - THE ADVISORY BOARD
Section 1. Name of Advisory Board
The name of the advisory board shall be the "SDRRLF Loan Advisory Board"
(hereinafter referred to as the "LAB").
Section 2. Purpose
These SDRRLF LAB By-Laws must conform with and be consistent to the
adopted administrative procedures of the San Diego Regional Revolving Loan Fund
("RLF") and all State and City laws.
The LAB shall provide a means for private citizen advice to the RLF on matters
relating to the implementation of the RLF in the project areas. In order to accomplish the
purpose, the LAB shall:
(I) Serve as a loan advisory board to RLF administrative management and staff.
(2) IdentifY RLF small business candidates and refer same to RLF administrative
management and staff as appropriate.
(3) Advise RLF administration and staff, when requested, in the loan decision-
making process by reviewing and evaluating loan applications/presentations and making
advisory recommendations as necessary and appropriate.
(4) Advise RLF administrative management and staff on loan/program policy
matters which deal with the planning and provision of small business loans through the
San Diego Regional Revolving Loan Fund.
Section 3. Membership
A. Composition
The LAB shall consist of members in the numbers and categories as set forth
below:
1. Lending/Finance professionals in the area of small business lending
2. Real Estate professionals in the area of commercial real estate sales and/or
development
lof7 -.3 - 73
3. Small business owners with sufficient expertise and success in the
operation of a small to mid-sized business to be aware of the issues faced
by small business applicants.
4. Other professional and regional participants as are deemed necessary and
desired for operational of a well-rounded loan advisory board.
5. One representative from each partner city, which shall not have voting
authority on loans being reviewed for funding or review.
B. Qualifications
(1) LAB members shall be qualified in their area of expertise, and when
asked to do so, will provide RLF ad~inistrative management and staff
with supporting n;sumes, etc. ..
(2) LAB members shall represent the diversified economies and ethnic
mix of the San Diego region.
(3) Any LAB member who is not or is no longer included in a designated
category from which he or she was elected shall resign or be subject to
removal from the LAB. Nothing shall prevent a person who is
included in two or more such categories from being eligible to be
elected and to serve on this LAB, provided that he or she is and
remains included in that category from which he or she was elected.
C. Project Area Boundaries
The Project Area boundaries of the RLF are those census tracts that have been
selected and approved by the Economic Development Administration (EDA).
Section 4. LAB Membership
The LAB shall have a total often (10), but not more than fifteen (15) members
elected and appointed according to the following categories (and numbers):
a). Two (2) Commercial loan/finance professionals
b). Two (2) Commercial real estate agent/development professionals
c). Two (2) Accounting professionals
d). Two (2) Small business owners (may be retired, but active in community)
e). One (I) government representative from each of the partner cities of San
Diego, National City, Imperial Beach, and Chula Vista
f). Three (3) other community professionals as may be deemed appropriate and
beneficial to operation of a well-rounded LAB
Section 5. Termination of Membership
Membership in the LAB shall terminate, subject to the procedures described in
Section 6 of Article I, in the event that:
(I) The member shall not be, or shall no longer be, qualified in the category to which he
or she was elected; or
10f? ...J - 7 c.j
(2) The member shall have been absent from the number of LAB meetings specified in
these Bylaws; or
(3) The member has engaged in conduct inconsistent with and counterproductive to the
purposes and responsibilities of the LAB or his or her membership thereon.
Section 6. Removal of Memhers
A member may be removed by a vote of at least two-thirds (2/3) of the total
membership-of the LAB qualified and eligible to vote.
Section 7. Resi2nation
Any LAB member may resign at any time by giving written notice to the
Chairperson. Any such resignation will take effect upon receipt or upon any date
specified therein. The acceptance of such resignation shall not be necessary to make it
effective.
Section 8. Fillin2 of Vacancies
In the event a vacancy occurs on the LAB by reason of death, resignation or
removal, such vacancy shall be filled by a majority vote of the remaining LAB members,
with new members so selected having to meet the qualifications set forth in Article I,
Section 3 B.
For vacancies of seats of designated community organizations, the designated
community organization shall nominate a replacement person to fill the vacancy and that
person shall fill the seat only if ratified by vote of the LAB.
ARTICLE II - OFFICERS
Section 1. Officers
The officers of the LAB shall consist of a Chairperson, a Vice Chairperson, and a
Secretary and shall be elected in the manner set forth in this Article II.
Section 2. Chairperson
The Chairperson shall preside at all meetings of the LAB and shall submit such
agenda, recommendations and information at such meetings that are reasonable and
proper for the conduct of the business affairs and policies of the LAB. The Chairperson
shall sign all resolutions, approved minutes, and other legal documents of the LAB.
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Section 3. Vice Chairperson
The Vice Chairperson shall perform the duties of the Chairperson in the absence
or incapacity of the Chairperson. In the event of the death, resignation, or removal of the
Chairperson, the Vice Chairperson shall assume the Chairperson's duties until such time
as the LAB shall elect a new Chairperson.
Section 4. Secretary
The Secretary shall keep the records of the LAB, shall act as secretary of the
meetings of the LAB, and with the support ofRLF staff, shall record all votes, and shall
keep a record of the meetings in a journal of proceedings. The Secretary shall attest to
and/or countersign all resolutions, approved minutes, contracts, and other legal
documents of the LAB.
Section 5. Additional Duties
The officers of the LAB shall perform such other duties and functions as may
from time to time be required by the LAB, the Bylaws or other rules and regulations, or
which duties and functions are incidental to the office held by such officers.
Section 6. Election
The Chairperson, Vice Chairperson, and Secretary shall be elected by the LAB at
its initial meeting and at each annual meeting, from among the members of the LAB.
Such officers of the LAB shall hold office for four, but not more than six, years or until
their successors are elected and qualified. Such officers shall not be prohibited from
succeeding themselves.
Section 7. Vacancies
Should the offices of the Chairperson, Vice Chairperson, or Secretary become
vacant, the LAB shall-elect a successor from among the LAB members at the next
regular or special meeting, and such office shall be held for the unexpired term of said
office.
ARTICLE III - MEETINGS
Section 1. Annual Meetin¡¡s
Annual meetings shall be held in July on the fourth Thursday of the month of each
year unless otherwise designated. At the annual meeting officers shall be elected; reports
of the affairs of the LAB shall be considered; and any other business may be transacted
which is within the purposes of the LAB.
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Section 2. Regular Meetings
The LAB shall meet regularly on the fourth Thursday of each month, unless
otherwise designated. In November and December, the regular meeting date will be near
a legal holiday, therefore, the regular meeting shall be held on the second Thursday of
those months.
Section 3. Special Meetings
Special meetings may be held upon call ofthe Chairperson, or of the majority of
the membership of the LAB, for the purpose of transacting any business designated in the
call, after notification of all members of the LAB by written, or electronic notice,
personally delivered or by mail at least 24 hours before the time specified in the notice
for a special meeting. Such written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes notifies the Secretary or RLF staff designate
that they will be unable to attend the special meeting. Additionally, RLF staff or
Chairperson shall be responsible for the posting of said notice at least 24 hours prior to
the time specified in the notice for the meeting. At such special meeting, no business
other than that designated in the call shall be considered.
Section 4. Adjourned Meetings
Any meeting of the LAB may be adjourned to an adjourned meeting without the
need for notice requirements of a special meeting providing the adjoumment indicates the
date, time, and place of the adjourned meeting. RLF staff or the Chairperson of the
adjourned meeting shall notify LAB members absent from the meeting at which the
adjournment decision is made.
Section 5. All Meetings to Be Open and Public
All meetings of the LAB are subject to the Ralph M. Brown Act. These meetings
shall be open and public to the extent required by law. All persons shall be permitted to
attend any such meetings except as otherwise provided by law. Nothing contained in
these Bylaws shall be construed to prevent the LAB from holding closed sessions during
a meeting concerning any matter permitted by law to be considered in closed session
provided the LAB complies with the conditions and procedures provided by law for
closed sessions.
Section 6. Quorum
The powers of the LAB shall be vested in the members thereof in office from time
to time. A majority of the total number of filled seats of the LAB shall constitute a
quorum for the purpose of conducting the LAB's business, exercising its powers and for
all other purposes, but less than a majority of the LAB membership may adjourn the
meeting from time to time until a quorum is obtained. With a quorum, a majority of legal
votes cast excluding blank votes and abstentions shall be required for approval of any
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question brought before the LAB. Exact accounting of all affirmative, negative, and
abstaining votes shall be recorded in the minutes. Abstaining votes shall include the
name of the member.
Section 7. Absences
If a member shall be absent from the LAB from three (3) consecutive meetings,
whether regular or special, or from three (3) meetings within six (6) calendar months
consecutively, such absence shall effect the termination of the membership of the
absenting member. Minutes of LAB meetings shall display the attendance record for
LAB meetings of each member for the subject six-month period.
Section 8. Order-or-Business
The following shall be the order of business at regular meetings of the LAB:
1) Roll Call.
2) Approval of Agenda.
3) Approval of Minutes.
4) Public/Member Comment on Non-agenda Items.
5) Chair and Subcommittee Reports.
6) Old Business (un-concluded, postponed, or tabled business from the prior
meeting).
6) New Business (loan applications, etc.).
7) Next Meeting Agenda.
9) Adjournment.
Any of these items above need to be detailed on the agenda in order to comply with the
Brown Act
Section 9. Resolutions
Resolutions of the LAB shall be in writing and shall be designated by number,
reference to which shall be inserted, in the minutes of the meetings at which they are
approved. Approved resolutions shall be filed in the official book of resolutions of the
ARTICLE IV - SUBCOMMITTEES
Section 1. Establishment
The LAB shall have the authority to, and may, establish subcommittees as
necessary to accomplish the purposes set forth in Section 2 of Article 1 of these Bylaws.
Section 2. Membership
Each subcommittee shall only be comprised of members of the LAB. Each
subcommittee shall be composed of at least one (1), but not more than seven (7) members
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of the LAB. Subcommittee meetings at which there is a possibility of attendance by a
quorum of the LAB, as well as any subcommittees which has a continuing subject matter
or a regular meeting time, must be noticed and comply with all other requirements of the
Ralph M. Brown Act.
Section 3. Appointment of Members
The Chairperson of the LAB with the approval of the LAB shall appoint members
on a subcommittee.
Section 4. Officers and Meetines
Subcommittee Chairpersons shall be designated by the Chairperson of the LAB, or at the
direction ofRLF administrative management or staff through election by the LAB
members appointed to the subcommittee. Each subcommittee shall elect a Vice
Chairperson and such other officers as necessary, and shall establish the date, time and
place for meetings to conduct the subcommittee's business.
Section S. Subcommittee Reports
From time to time, the subcommittee shall submit reports to the LAB, which
reports summarize the subcommittee's activities, findings and/or recommendations on
matters for which the subcommittee was established.
ARTICLE VI - AMENDMENTS
Section I. Amendment of Bylaws
The Bylaws of the LAB may be amended upon the affirmative vote of at least two-thirds
(2/3) of the total membership of the LAB qualified and eligible to vote at a regular or
special meeting, but no such amendment shall be adopted unless at least seven days
written notice there of has previously been given to all members of the LAB. Notice of
amendment shall identify the section or sections or the Bylaws proposed to be amended.
SDRRLFLABBylaws
Revision No.: 1
Date: October 17,2002
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SAN DIEGO
REGIONAL REVOLVING LOAN FUND
PURPOSE and BACKGROUND
The San Diego Regional.Revolving Loan Fund (SDRRLF) can supplement private
financing of new or rehabilitated buildings, fixed machinery and equipment, working capital and
soft costs, in the RLF project area. Project area is defined as eligible census tracts in the cities of
San Diego, National City, Imperial Beach, and Chula Vista.
1. Eligibility. The applicant must meet the following eligibility criteria to apply for
funding.
a. Be located in an eligible project area census tract. The project area is defined by
census tracts that fall into areas of eligibility as defined by EDA.
b. Create new employment opportunities.
c. Have firm financial commitments for other components of the project to be
financed.
d. Be willing to comply with all regulations, guidelines, policies, and requirements,
as they relate to the program.
e. Demonstrate that financing is not otherwise available on terms or conditions that
would permit completion and/or the successful operation or accomplishment of
the project activities to be financed.
f. Demonstrate credit worthiness and the ability to repay the loan.
2. Uses: The applicant must demonstrate the need for RILF funding:
a. RLF funds are necessary for project implementation (RLF funds are not designed
as a substitute for conventional lending sources). Specific uses include:
(1) Rehabilitation of existing buildings, including related soft costs.
(2) New construction, including related soft costs.
(3) Property acquisition and improvements, including related soft
costs.
1. Fixed equipment or machinery.
2. Working capital, either permanent or interim, and inventory.
3. Commercial lease guarantees.
4. Other, as deemed beneficial to the goals of the program.
3. Public Benefit:
a. Job creation
i. New jobs are allocated at the rate of $30,000 per for the RLF.
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(Example: 6 new jobs created would allow funding up to $180,000 for a single
project)
b. Job retention (Job retention must be supported by documents that detail the reason
the company would leave the area, loose jobs, etc. EDA'sjob retention
requirement does not allow for a company to move ITom one part of the
county/city to another to quality for jobs being retained because the mileage
driven by the employee would not be substantial.)
4. Financing. The following conditions will guide the selection ofloan commitments:
a. Loan Amount
1. The RLF loan cannot exceed 33% of the total eligible project costs.
Projects requiring greater than 33% of RLF participation will be
considered on a case-by-case basis, and may require an additional approval
from EDA. Priority may be given to projects with less than 20% RLF
participation.
Example: Project Size: $500,000
Loan Approval: $300,000 (60%)
Equity: $50,000 (10%)
Gap: $150,000 (30%)
2. Loan amounts will be from $150,000 to $250,000, in general, with the
capacity to loan up to $750,000 with EDA approval.
b. Term
1. Generally loans will be direct loans fully amortized over three to seven
years, however, longer loan terms will be available based upon the
borrower's needs, repayment ability, and asset life. In general, loan terms
will not exceed the average useful life of the assets being financed.
Working capital loans will not carry a term in excess of seven years.
General terms based on asset being financed are:
Fixed Asset financing: Up to 10 years
Commercial Building Rehab. Up to 7 years
Permanent Working Capital Up to 7 years
c. Rate
The rate will be fixed at the time the loan is closed, based on rates established by
the program.
In general, loan rates will be at or near market rates, generally at prime plus +2%.
In no event will the interest rate be less than 4.0 percentage points below the current
money center prime at the time the loan is approved, or the maximum interest rate
allowed under state law, whichever is lower, or less than 4%.
Thursday, October 17, 2002 2 ..3 -$1 ( SDRRLF Eligibility and Details
d. Fees assessed in conjunction with this project are:
Non-refundable Application Fee: $250
Commitment Fee (90-day commitment): $150
Commitment Extension Fee
(One time option): $250 for additional 180 days
Or: $500 for additional 270 days
Or: $750 for additional 365 days
Loan Fee: 1 % of amount borrowed, plus
out of pocket costs.
Loan Rewrite or Modification Fee: 1/2 of I % of outstanding
balance, and out of pocket costs.
5. Equity Requirements:
For each individual loan, the equity requirements will generally range from ten to
thirty percent of the total project cost. Higher equity requirements may be required,
depending on the project being financed by the RLF.
6. Collateral:
Personal guarantees of all owners of 20% or more of the business, or active in
management, are generally required. In addition, one or more of the following will be
required as security for the loan:
a. A first or second Deed of Trust on real property, owned by the business or
guarantor.
b. Assignment of rents, leases, and/or receivables.
c. Security interest in equipment, inventory, and/or other assets.
d. Assignment oflife insurance policies (key man insurance) on owners and/or
key management personnel.
e. Deed of Trust on personal residence of key management personnel.
7. Processing Procedures:
Potential applicants can initiate a loan application by contacting the City of San Diego,
Economic Development Division at 619-533-7454.
Prepared by the City of San Diego, Community and Economic Development Department 9/02
Thursday, October 17, 2002 3 J - 'if d--. SDRRLF Eligibility and Details