HomeMy WebLinkAboutReso 1980-10260
tt
RESOLUTION NO. 10260
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING A CONTRACT WITH THE
BANK OF AMERICA FOR F INANC IAL SERVICES RE:[,ATIVE
TO THE BLOCK GRANT HOUSING REHABILITATION AND
COMMERCIAL REHABILITATION PROGRA..'V1S
The City Council of the City of Chula Vista does
hereby resolve as follows:
WHEREAS, the City has allocated $300,000 of Community
Development Block Grant funds for Housing Rehabilitation, and $50,000
for Commercial Rehabilitation; and,
WHEREAS, by Resolution #9673, on July 10, 1979, the City
made an agreement with the Bank of America NT&SA, for services relative
to housing rehabilitation; and,
WHEREAS, both the City and the Bank of America now wish
to a~end and expand said agreement to the extent that a new, replace-
ment agreement is warranted; and,
~mEnE]'I_S, a new agreement entitled the Commercial and
Residential Property Rehabilitation Loan Agreement Comprehensive Form
is attached hereto as if fully set forth.
NOW, THEREFORE, BE IT RESOLVED that the Commercial and
Residential Property PBhabilitation Loan Agreement is hereby approved
and the Mayor authorized and directed to execute the Agreement for
and on behalf of the City of Chula Vista.
./cpproved as to form by
unlty
~~./ 1~>/'h.L)
-- _:/. I./A~-t;:, ~
~~~//~ 4/~~
George ;. Lindberg, 'City Att ney
, '.
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHl.l.A VISTA, CALIFORNIA, this 16th
19~ 0 , by the following vote, to-wit:
day of.
September
AYES:
NAYES;
ABSTAIN:
ABSENT:
COtR:ilmen
Scott, Gi11ow, Hyde, Cox, McCand1iss
Councilmen
ecu.c;lrnen
Councimen
None
None
None
&.Jill. ~t~
Mayor of the City of ChuIa Vista
ATTES;:....J~U/ '7JJCJ;?fd~L
./ /' City Clerk .
, / (
t.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF CHULA VISTA )
I, JENNE M. FULASZ, CMt, QTY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 10260
,and that the IOme has not been amended or repealed.
DATED
( seal)
City Clerk
CC-660
/DZ-(Q{J
EXH1BfT\\B(
COMMERCIAL AND RESIDENTIAL
PROPERTY REHABILITATION LOAN AGREEMENT
COMPREHENSIVE FORM
THIS AGREEMENT is made by the CITY OF CHULA VISTA, a political
subdivision in the State of California, herein called "Authority," and
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION, a national bank-
ing association, herein called "Bank."
R E C I TAL S
A. Authority has authorized a Housing Preservation Program
and a Commercial Property Rehabilitation Program as part of an adopted
Community Development Block Grant Program (as may be amended and modi-
fied from t:i1ne to t:i1ne) hereinafter collectively called "Program."
B. As part of Authority's :i1nplementation of Program, Author-
ity has requested Bank to make below-market interest rate property re-
habilitation loans ("Loans" or "Program Loans") to certain owners/tenants
of real property within Authority and approved by Authority as recipients
of Loans ("Applicants"). The purpose of the Loans will be the rehabili-
tation of real property in accordance with Program. In addition, Author-
ity has requested a choice of several types of Loans to Applicants.
C. To support these objectives, and based on an initial de-
posit of Community Development Block Grant funds, Bank is willing to pro-
vide Authority and Applicants with Collateralized Loans for Residential
Property Improvement (Part Three), Interest Subsidy Loans for Residen-
tial Property Improvement (Part Four), Collateralized Loans for Commer-
cial Property Improvement (Part Five), Interest Subsidy Loans for
d/~2.rd)
../( - 1..-/ t (.I ~/
Commercial Property Improvement (Part Six), Deferred Payment Loans (Part
Seven), and other services at rates and terms not available to the general
public or to Authority independent of this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing and
the mutual agreements made herein, and for other good and valuable con-
sideration, Authority and Bank agree as follows:
P~TO~
DEPOSIT OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS
1. Authority shall deposit up to $250,000 of Community De-
ve10pment Block Grant rehabilitation funds available to Authority under
the Housing and Community Development Acts of 1974 and 1977, as amended,
as part of this Agreement.
2. Authority's deposits of Community Development Block Grant
funds may be made in any of the following forms:
(a) A deposit to the Warehouse Account, the funds in
which are una110cated to Loans.
(b) A deposit to Collateralized Loan Account(s) which
are noninterest-bearing savings accounts which subsidize Loans
and are pledged as Loan collateral.
(c) A deposit to the Loan Subsidy Account(s). This
is an interest-bearing savings account pledged to subsidize Loan
interest rates.
(d) The purchase from Bank of time certificate(s) of
deposit, the funds of which are allocated to future Program Loans.
2
10&00
Bank will pay, at Authority's election, the highest interest rate per-
mitted by law and this Agreement on all accounts described above. If
legal interest rate limitations are removed, Bank will pay its highest
rate offered to the public.
3. Authority relinquishes the use of and control over ac-
counts described in paragraphs 2(b) and 2(c). These accounts will be
used only for the Loan purposes described in this Agreement.
4. Authority retains full accessibility to all deposits
which are unallocated to existing Program Loans.
5. Authority agrees all interest earnings will be paid to
the Warehouse Account and will become immediately available for the
subsidy of loans.
PART TWO
APPLICATION PROCEDURES
6. At the request of Authority, Bank, through its Chula
Vista Main Office, shall consider making Loans to qualified Applicants
directed to Bank by Authority. Bank shall notify the respective Appli-
cant(s) in writing of any such request it receives from Authority. The
notification shall contain the following statement: "The City of Chula
Vista has requested the Chula Vista Main Office of Bank of America Na-
tional Trust and Savings Association, 295 E Street, Chula Vista, Cali-
fornia 92010, to consider making a specific extension of credit to you."
A qualified Applicant shall be identified by Authority
or its agents, using Authority's established standards, which must con-
sider, without limitation:
3
1020 f)
(a) For each improvement Loan Applicant:
(1) Applicant is "the owner of record" of the
property subject to rehabilitation.
(2) Applicant has verifiable income(s) which
can be used to repay the proposed Loan.
(3) Authority has determined that the proposed
Loan, given Program options available, will best serve the
rehabilitation needs of Applicant and the Program objectives.
(b) In addition, each commercial improvement/rehabili-
tation Loan Applicant, if a lessee, has a lease which, with options,
extends at least six (6) months beyond the maturity of the proposed
Loan.
7. Authority shall furnish to Bank, with respect to each
Loan application:
(a) an introductory letter stating that Applicant qua-
lifies for Loan consideration, based on minimum standards in para-
graph 6, and that Authority desires Bank to consider making a Loan
to Applicant;
(b) a breakdown of the costs involved in the rehabili-
tation work to be performed on Applicant's real property;
(c) a description of the work;
(d) an estimate of the value of the real property of-
fered as security for the Loan, or a statement that the Loan is
to be unsecured;
(e) a copy of any contractor bid proposed to, or ac-
cepted by, Applicant;
4
102bO
(f) a statement including the name of the contractor
selected by Applicant who will perform the rehabilitation work~
and that Authority knows no reason to disqualify the contractor
from program participation;
and
(g) for each commercial improvement/rehabilitation
Loan, Bank shall require from Applicant:
(1) 2-year business income statements supported
by IRS income tax filings;
(2) a copy of the existing lease, if Applicant
is a property tenant; and
(3) Applicant's personal financial statement.
8. Bank shall perform its customary credit evaluation with
respect to Applicant, render its judgment with respect to the credit-
worthiness of Applicant, and recommend appropriate Loan terms.
9. Upon completion of its credit evaluation, Bank shall fur-
nish to Authority a recommendation whether to proceed with the Loan or
not, including:
(a) a recommendation as to use of either an Interest
Subsidy, Collateralized, or Deferred Payment Loan, or some com-
bination thereof; and
(b) an indication of which of the following Loans (for
which Bank assumes all or part of the credit risk, as indicated
parenthetically below) Bank is willing to make to Applicant:
(1) For residential property improvement Loans:
5
(o~~
(i) an Interest Subsidy Loan (total credit
risk for principal and partial credit risk for interest);
(ii) a 5.00% Collateralized Loan (15% credit
risk); or
(iii) a 10.00% Collateralized Loan (55% credit
risk).
(2) For commercial property improvement Loans:
(i) an Interest Subsidy Loan (total credit
risk for principal and partial credit risk for interest);
or
(ii) a 12.00% Collateralized Loan (65% credit
risk).
10. After having determined the exact nature and scope of the
rehabilitation work to be performed on Applicant's real property, Author-
ity may request Bank to grant Applicant a Loan, which either must be from
among those designated by Bank pursuant to paragraph 9(b) above or must
be a Loan pursuant to paragraph ll(a) (100% collateralized) or Part Seven
(Deferred Payment Loan).
PART THREE
COLLATERALIZED LOANS FOR
RESIDENTIAL PROPERTY IMPROVEMENT
11. Each Collateralized Loan shall be supported by a deposit,
as described below, made by Authority to a Collateralized Loan Account.
These accounts shall at all times be at least equal to:
6
( D2 ~c)
(a) 100% of unpaid principal for each 5.00% or 10.00%
Loan for which Bank has not designated Applicant (pursuant to para-
graph 9(b)(1)) as a party to whom Bank is willing to make a (par-
tially) Collateralized Loan. Bank agrees to pay 1.8% interest
annually on 100% collateral required for all 5.00% and 10.00% Loans;
(b) 85% of unpaid principal for each 5.00% Loan;
(c) 45% of unpaid principal for each 10.00% Loan;
plus, in each case, 100% of accrued unpaid interest. Authority hereby
assigns the Collateralized Loan Account to secure the Collateralized
Loans.
12. (a) Unless Authority requests one note only, each Col-
lateralized Loan shall be evidenced by two notes, effective in suc-
cession, as provided herein.
(b) The note first effective shall be a short-term com-
mercial note, the term of which shall coincide approximately with
the rehabilitation period (although all references herein to the
short-term commercial note are singular, a Loan could include more
than one short-term commercial note). The term of anyone short-
term commercial note may not exceed ninety (90) days, although the
note may be extended, renewed, or refinanced. The Loan proceeds
thereof shall be disbursed by Bank in a number of draws, each to
follow completion of an applicable state of construction, as cer-
tified to Bank by Authority. Interest shall accrue only on the
disbursed portion of the Loan.
7
{OlGO
(c) Promptly after Bank's disbursement of the final draw
under the short-term commercial note, that note shall be refinanced
by an installment note, as provided for at subparagraph (e) below
or, alternatively, as provided for in Part Seven, Deferred Payment
Loans. At the time the short-term commercial note is refinanced by
the installment note, Applicant may either pay Bank the accrued in-
terest on the short-term commercial note or may have it added to the
principal of the installment note.
(d) As part of its normal credit accommodations, Bank
will make creditor life and disability insurance available to each
Applicant. Insurance will be at Applicant's option, subject to
standard qualifications and premiums. Qualifications and premiums
are subject to change without prior notice. In the case of de-
faulted Loans, Authority agrees to guarantee unpaid premiums in
accordance with the provisions of paragraph 15 below.
(e) The term of the installment note may be determined
by Applicant for the Loan in question, but may not exceed 15 years,
and the installment note shall be amortized in equal monthly in-
stallments over its term. Interest will be calculated on a simple
interest basis for each installment note.
13. With respect to Collateralized Loans:
(a) On both the short-term commercial note and the in-
stallment note, interest and other finance charges, as defined in
the Federal Truth in Lending Act and Regulation Z thereto, shall be
such as to result in an Annual Percentage Rate, as defined in that
Act and Regulation, of 5.00% or 10.00%.
8
IbCbO
(b) The Loan shall be documented using Bank's standard
forms.
(c) Both the short-term commercial note and the install-
ment note shall, at Bank's or Authority's option, be secured by a
deed of trust covering the real property that is the subject of the
rehabilitation for which the proceeds of the Loan are to be used.
14. Authority shall make a relevant deposit to the Collateral-
ized Loan Account in the percentage of Loan amount provided for at para-
graph 11, when the commercial note and deed of trust, if any, are signed
by Applicant and when interest on a short-term commercial note becomes
added to the principal of a subsequent installment note. At the end of
each calendar month ending 180 days after Authority's first deposit here-
under, Bank shall remit to Authority the amount by which the Collateral-
ized Loan Account exceeds the paragraph 11 percentages of the unpaid
balances of Collateralized Loans. Funds that Bank thus remits to Author-
ity shall be deemed funds that Authority deposited at least 180 days be-
fore.
15. If a Collateralized Loan remains in default fo~ a cOAtinu-
ous period of ninety (90) days on account of nonpayment of any sum of
money due pursuant to the terms thereof or of any instrument or document
related thereto, Bank may withdraw from the Collateralized Loan Account,
and pay to itself, an amount equal to the then outstanding principal bal-
ance of the Loan multiplied by the same percentage as the pe~centage of
the Loan amount that was deposited to the Collateralized Loan Account
pursuant to paragraph 11, plus 100% of accrued unpaid interest on the
9
1 07-0 0
Loan, together with insurance premiums, if any, accrued through the 90th
day of default. Bank shall have no recourse against Authority or the
Collateralized Loan Account for any amounts in excess of those permitted
under this paragraph. During any ninety (90) day default period, Bank
shall perform its customary collection procedures with respect to the
Loan.
16. After a withdrawal from the Collateralized Loan Account
under paragraph 15 above, in the case of a Loan for which the deposit to
the Collateralized Loan Account under paragraph 11 was less than 100%
of the Loan amount:
(a) Bank need not assign the deed of trust to Authority
upon completion of the withdrawal, but may, for its own account,
exercise rights under the deed of trust to recover the remaining
outstanding and unpaid principal of the Loan plus accrued unpaid
interest thereon together with insurance premiums, if any, ac-
crued after the 90th day of default.
(b) At its election, Bank may assign to Authority such
rights as may be necessary for Authority to attempt to recoup any
funds withdrawn from the Collateralized Loan Account in connection
with any Loan default.
(c) If Bank subsequently recovers funds with respect to
a defaulted Loan (as, for example, but without limitation, if a
voluntary sale of the property takes place), Bank shall, after de-
ducting the previously unreimbursed percentage of Loan loss to
which Bank is entitled, plus Bank's costs of recovery, return and
pay over to Authority all amounts in excess thereof.
10
JOl0D
17. After a withdrawal from the Collateralized Loan Account
under paragraph 15 above, in the case of a Loan for which the deposit to
the Collateralized Loan Account under paragraph 11 was 100% of the Loan
amount, Bank shall assign the Loan to Authority, the assignment to be
accomplished by:
(a) the due endorsement by Bank to Authority of the
promissory note evidencing the Loan, without recourse or warranty;
and
(b) the delivery of the promissory note and the assign-
ment and delivery of the deed of trust.
18. Collateralized Loans, as described in paragraphs 11
through 17, must have an average original Loan amount of $10,000.00.
Authority's Collateralized Loans will be analyzed every 180 days from
contract approval. If average $10,000 Loan amounts are not maintained,
Bank may:
(a) increase borrower interest rates for new Loans;
(b) increase collateral requirements for new Loans; or
(c) assess an origination fee for new Loans.
P ART FOUR
INTEREST SUBSIDY LOANS FOR
RESIDENTIAL PROPERTY IMPROVEMENT
19. The interest rate for any Interest Subsidy Loan shall be
5.00% or 10.00% as designated by Authority. The term of each Interest
Subsidy Loan and the Loan terms other than interest rate shall be ap-
proved by Bank after consultation between Bank and Applicant, but may
11
loz00
not exceed 15 years. The Loans shall be documented using Bank's stand-
ard forms. All Interest Subsidy Loans shall be assets of Bank.
20. To subsidize Bank's making Interest Subsidy Loans, Author-
ity shall make deposits with Bank in savings account and time certifi-
cates of deposit as provided in Part One and paragraph 21.
21. When an Interest Subsidy Loan is made, Authority must
maintain deposits in the following form: A deposit to the Loan Subsidy
Account(s), the minimum balance of which must at all times at least equal
the total, for all Interest Subsidy Loans, of the difference between:
(a) the total interest due at Bank's target yield rate
(16.00% as of the date of execution of this Agreement) for the term
of the Loan as of the date of origination of the Loan, and
(b) total Loan interest for the term of the Loan.
22. (a) The minimum balance of the Loan Subsidy Account(s)
is hereby irrevocably committed to payment of interest subsidies
to Bank with respect to the Interest Subsidy Loans. Bank will debit
the account, and pay itself monthly, for the aggregate of the dif-
ference between Bank's target yield rate and the 5.00% or 10.00%
interest rate(s) at which the Interest Subsidy Loans are actually
made.
(b) Authority may transfer funds among the various ac-
counts referred to at paragraph 2, except that it may not effect
withdrawals from the Loan Subsidy Account(s). If Authority re-
quests a 5.00% or 10.00% Interest Subsidy Loan, and the balance of
the Loan Subsidy Account(s) is insufficient to subsidize the
12
107.-(0 0
proposed Loan, Bank may transfer to the Loan Subsidy Account(s)
any funds needed that may exist in the Warehouse Account.
(c) Bank may refuse to make new Interest Subsidy Loans
if the Warehouse Account is insufficient to provide the appropri-
ate subsidy funds.
23. (a) The interest subsidy that Authority is required to
make hereunder and the minimum required balances for the Loan Sub-
sidy Account(s) shall be adjusted for prepayment. If an Interest
Subsidy Loan is prepaid, Authority shall not be chargeable for any
interest subsidy for the resulting unused term of the Loan. The
minimum required balance of the Loan Subsidy Account(s) shall be
ratably decreased to take account of the prepayment.
(b) Authority shall subsidize, on the same ratable ba-
sis as for Interest Subsidy Loan regular payments, additional in-
terest for delinquent Loan payments. Authority shall subsidize
all delinquent Loan payments through the 90th day of delinquency.
Authority shall have no Loan liability for subsidy beyond ninety
(90) days of delinquency.
24. The target yield rate quoted in paragraph 2l(a) will be
subject to change at Bank's election 1 March 1981 and every 180 days
thereafter.
PART FIVE .
COLLATERALIZED LOANS FOR
COMMERCIAL PROPERTY IMPROVEMENT
25. Each Collateralized Loan shall be supported by a non-
interest-bearing deposit made by Authority to a Collateralized Loan
/ Dl ro 0
13
Account, an account that shall at all times be at least equal to 35% of
the unpaid principal for each 12.00% Loan, plus 100% of accrued unpaid
interest. Authority hereby assigns the Collateralized Loan Account to
secure the Collateralized Loans.
26. (a) Unless Authority requests one note only, each Col-
lateralized Loan shall be evidenced by two notes, effective in suc-
cession, as provided herein.
(b) The note first effective shall be a short-term com-
mercial note, the term of which shall coincide approximately with
the rehabilitation period (although all references herein to the
short-term commercial note are singular, a Loan could include more
than one short-term commercial note). The term of anyone short-
term commercial note may not exceed ninety (90) days, although the
note may be extended, renewed, or refinanced. The Loan proceeds
thereof shall be disbursed by Bank in a number of draws, each to
follow completion of an applicable state of construction, as cer-
tified to Bank by Authority. Interest shall accrue only on the
disbursed portion of the Loan.
(c) Promptly after Bank's disbursement of the final draw
under the short-term commercial note, that note shall be refinanced
by an installment note, as provided for at subparagraph (e) below
or, alternatively, as provided for in Part Seven, Deferred Payment
Loans. At the time the short-term commercial note is refinanced by
the installment note, Applicant may finance the accrued interest on
the short-term commercial note.
14
IOl60
!()z'O D
(d) As part of its normal credit accommodations, Bank
will make creditor life and disability insurance available to each
Applicant subject to standard qualifications and premiums, which
qualifications and premiums are subject to change without prior no-
tice. However, if Applicant elects not to use the creditor life
and disability insurance offered by Bank, Applicant shall be re-
quired to obtain a policy of Creditor Life Insurance, in a form ac-
ceptable to Bank while any part of the Loan remains outstanding,
in an amount at least equal to the amount outstanding under the
Loan to Applicant, with Bank named as beneficiary. Upon Author-
ity's request, said insurance shall be prepaid from Loan proceeds
and said amount added to the principal amount of the Loan. At Bank's
request, each Applicant shall also be required to maintain a stand-
ard policy of hazard insurance covering the real property upon which
the rehabilitation work is to be performed in effect while any part
of the Loan remains outstanding, with Bank named as beneficiary.
In the case of defaulted Loans, Authority agrees to guarantee un-
paid premiums in accordance with the provisions of paragraph 29
below.
(e) The term of the installment note shall be determined
by Bank for the Loan in question, but may not exceed ten (10) years,
and the installment note shall be amortized in equal monthly in-
stallments over its term. Interest will be calculated on a simple
interest basis for each installment note.
15
27. With respect to Collateralized Loans:
(a) on both the short-term commercial note and the in-
stallment note, interest and other finance charges, as defined in
the Federal Truth in Lending Act and Regulation Z thereto, shall be
such as to result in an Annual Percentage Rate, as defined in that
Act and Regulation, of 12.00%.
(b) The Loan shall be documented using Bank's standard
forms.
(c) Both the short-term commercial note and the install-
ment note may, at Bank's or Authority's option, be secured by a deed
of trust covering the,real property that is the subject of the re-
habilitation for which the proceeds of the Loan are to be used.
28. Authority shall make a relevant deposit to the Collateral-
ized Loan Account in the percentage of Loan amount provided for at para-
graph 25 when the commercial note and deed of trust, if any, are signed
by Applicant. At the end of each calendar month ending 180 days after
Authority's first deposit hereunder, Bank shall remit to Authority the
amount by which the Collateralized Loan Account exceeds the paragraph 25
percentage of the unpaid balances of Collateralized Loans. Funds that
Bank thus remits to Authority shall be deemed funds that Authority de-
posited at least 180 days before.
29. If a Collateralized Loan remains in default for a continu-
ous period of ninety (90) days on account of nonpayment of any sum of
money due pursuant to the terms thereof or of any instrument or document
related thereto, Bank may withdraw from the Collateralized Loan Account,
16
(CJZ GO
and pay to itself, an amount equal to the then outstanding principal bal-
ance of the Loan multiplied by the same percentage as the percentage of
the Loan amount that was deposited to the Collateralized Loan Account
pursuant to paragraph 25, plus 100% of accrued unpaid interest on the
Loan, together with insurance premiums, if any, accrued through the 90th
day of default. Bank shall have no recourse against Authority or the
Collateralized Loan Account for any amounts in excess of those permitted
under this paragraph. During any ninety (90) day default period, Bank
shall perform its customary collection procedures with respect to the
Loan.
30. After a withdrawal from the Collateralized Loan Account
under paragraph 29 above:
(a) Bank need not assign any deed of trust to Authority
unpon completion of the withdrawal but may, for its own account,
exercise rights under the deed of trust, note, or other instrument
in Bank's possession to recover the remaining outstanding and un-
paid principal of the Loan plus accrued unpaid interest thereon
together with insurance premiums, if any, accrued after the 90th
day of default.
(b) At its election, Bank may assign to Authority such
rights as may be necessary for Authority to attempt to recoup any
funds withdrawn from the Collateralized Loan Account in connection
with any Loan default.
(c) If Bank subsequently recovers funds with respect to
a defaulted Loan (as, for example, but without limitation, if a
17
/OZ0D
voluntary sale of the property takes place), Bank shall, after de-
ducting the previously unreimbursed percentage of Loan loss to which
Bank is entitled, plus Bank's cost of recovery, return and pay over
to Authority all amounts in excess thereof.
31. Collateralized Loans, as described in paragraphs 25
through 30, must have an average original Loan amount of $10,000.00.
Authority's Collateralized Loans will be analyzed every 180 days from
contract approval. If average $10,000 Loan amounts are not maintained,
Bank may:
(a) increase borrower interest rate for new Loans;
(b) increase collateral requirements for new Loans; or
(c) assess an origination fee for new Loans.
PART SIX
INTEREST SUBSIDY LOANS FOR
COMMERCIAL PROPERTY IMPROVEMENT
32. The interest rate for any Interest Subsidy Loan shall be
12.00%. The term of the Interest Subsidy Loan and the Loan terms other
than interest rate shall be approved by Bank but may not exceed ten (10)
years, and the Loans shall be documented using Bank's standard forms.
All interest Subsidy Loans shall be assets of Bank.
33. All Interest Subsidy Loans for commercial property im-
provement shall also require:
(a) as minimum Loan security, at least a second deed of
trust acceptable to Bank; and
(b) a policy of Creditor Life and Disability Insu~ance
in a form acceptable to Bank, in an amount at least equal to the
18
{OZ00
amount outstanding under the Loan to Applicant, with Bank named as
beneficiary.
(c) At Bank's request, each Applicant shall also be re-
quired to maintain a standard policy of hazard insurance covering
the real property upon which the rehabilitation work is performed
in effect while any part of the Loan remains outstanding, with Bank
named as beneficiary.
34. To subsidize Bank's making Interest Subsidy Loans, Author-
ity shall make deposits with Bank in savings accounts and time certifi-
cates of deposit as provided in Part One and paragraph 35.
35. When an Interest Subsidy Loan is made, Authority must
maintain deposits in the following form: A deposit to a Loan Subsidy
Account, the minimum balance of which must at all times at least equal
the total, for all Interest Subsidy Loans, of the difference between:
(a) the total interest due at Bank's target yield rate
(16.00% as of the date of execution of this Agreement) for the
term of the Loan as of the date of origination of the Loan, and
(b) total Loan interest for the term of the Loan.
36. (a) The minimum balance of the Loan Subsidy Account is
hereby irrevocably committed to payment of interest subsidies to
Bank with respect to the Interest Subsidy Loans. Bank will debit
the account, and pay itself monthly, for the aggregate of the dif-
ference between Bank's target yield rate and the 12.00% interest
rate at which the Interest Subsidy Loans are actually made.
19
/0700
'\
(b) Authority may transfer funds among the various accounts
referred to at paragraph 2, except that it may not effect withdrawals
from the Loan Subsidy Account. If Authority requests a 12.00% In-
terest Subsidy Loan, and the balance of the Loan Subsidy Account is
insufficient to subsidize the proposed Loan, Bank may transfer to the
Loan Subsidy Account any funds needed that may exist in the Warehouse
Account.
(c) Bank may refuse to make new Interest Subsidy Loans
if the Warehouse Account is insufficient to provide the appropriate
subsidy funds.
(d) The interest subsidy that Authority is required to
make hereunder and the minimum required balance for the Loan Sub-
sidy Account shall be adjusted for prepayments. If an Interest
Subsidy Loan is prepaid, Authority shall not be chargeable for any
interest subsidy for the resulting unused term of the Loan. The
minimum required balance of the Loan Subsidy Account shall be
ratably decreased to take account of the prepayment.
(e) Authority shall subsidize, on the same ratable basis
as for Interest Subsidy Loan regular payments, additional interest
for delinquent Loan payments. Authority shall subsidize all delin-
quent Loan payments through the 90th day of delinquency.
37. The target yield rate quoted in paragraph 35(a) will be
subject to change at Bank's election 1 March 1981 and every 180 days
thereafter.
20
I oz 00
"
PART SEVEN
DEFERRED PAYMENT LOANS
38. In the event Authority requests Bank to make a Loan, the
terms of which are other than as provided in Parts Three through Six,
Bank shall comply with Authority's request. In that case, after Bank
has obtained Applicant's note on terms Authority has requested for the
Loan, Bank shall, promptly after completion of the respective rehabili-
tation work, assign the Loan to Authority according to the same proce-
dure, and for the same price, as would be applicable under paragraphs
15 and 17 (Part Three) in the case of the assignment following default
of a Collateralized Loan for which the deposit to the Collateralized
Loan Account under paragraph 11 was 100%. Promptly after the assign-
ment, unless previously paid by Authority, Applicant shall pay to Bank
a fee to cover its internal administrative and out-of-pocket expenses,
as specified by Bank, but in no event less than THIRTY-SEVEN DOLLARS
AND 50/100 ($37.50) nor more than SEVENTY-FIVE DOLLARS ($75.00) for each
Loan so made. Such fee shall be at Applicant's expense if not recovered
from Authority.
39. Prior to the making of the first Deferred Payment Loan,
Authority shall furnish to Bank an opinion of its legal counsel:
(a) stating that Authority has established rates and
terms for its Deferred Payment Loan Program note;
(b) designating whether any Deferred Payment Loan fee
is a "charge to be financed" or a "prepaid finance charge" under
Regulation Z; and
21
lozGO
(c) that Authority has delivered this information and
note to Bank's Chula Vista Main Office.
PART EIGHT
GENERAL PROVISIONS
40. On Authority's request, Bank shall, for its customary fees
therefore, accept for collection purposes, pursuant to Bank's then cur-
rent installment procedures, a Program Loan that has been transferred to
Authority.
41. On Authority's request, Bank shall, for its customary
fees, provide foreclosure services with respect to a defaulted Program
Loan that has been transferred to Authority, in which case Bank shall be
substituted for Continental Auxiliary Company/Authority as trustee under
the applicable deed of trust.
42. (a) This Agreement shall expire 1 August 1981. This
Agreement may be terminated or amended through mutual acceptance
by either of the parties hereto at six (6) month intervals from
1 August 1980 provided written notice of intent to amend or ter-
minate is given to the other party at least fifteen (15) days
prior to the amendment or termination date.
(b) Any termination of this Agreement shall not affect
Program Loans outstanding at the time of termination.
(c) At termination, Bank shall retain the Collateral-
ized Loan Accounts and shall remit monthly to Authority the amount
by which the Collateralized Loan Accounts exceed the paragraph 11
102 be)
22
'.
. ,
(Part Three) and paragraph 25 (Part Five) percentages of the un-
paid balances of Collateralized Loans.
(d) At termination, the minimum balance for the Loan
Subsidy Account(s) shall be calculated for all existing Loans in
the manner provided in paragraphs 21 and 35. Bank shall continue
to pay itself interest subsidies from the Loan Subsidy Account(s)
as long as there is an existing Loan outstanding. As existing
Loans are retired or other-wise satisfied, Bank shall repay Author-
ity from the Loan Subsidy Account(s) the amount of unearned subsi-
dies.
43. Bank covenants and agrees that nothing in this Agreement
or any agreement made pursuant hereto shall be deemed or construed by
Bank to make Authority a surety or guarantor of any Loan, and that Bank's
rights with respect to a Collateralized Loan shall be limited to those
set forth in Part Three and Part Five hereof.
44. Authority and Bank shall comply with all applicable stat-
utes and regulations, including without limitation, where applicable,
the Federal Truth in Lending Act and Regulation Z thereto, the Consumer
Credit Reporting Act, and the Equal Credit Opportunity Act and Regula-
tion B thereto.
45. Except as specifically required by this Agreement, Au-
thority waives any right it may have to require Bank to:
(a) proceed against any Applicant or other person;
(b) proceed against or exhaust any collateral for
the relevant Loan; or
23
)07 G 0
, .
..
(c) pursue any other remedy in Bank's power;
and waives any defense arising by reason of any disability or other de-
fense of Applicant or any other person, or by reason of the cessation
from any cause whatsoever, other than full payment, of the liability of
an Applicant or any other person.
46. Bank and Authority acknowledge the "Special Purpose"
nature of the Program and Program Loans. To serve this "Special Pur-
pose," a Loan shall be considered in default after the date of a trans-
fer of the deed of trust property which, according to the provisions of
the note, make the entire principal and interest of the note due and
payable, regardless of Bank's ability or inability to enforce those
provisions of the note.
47. Any communications between the parties hereto may be
given by mailing same, postage prepaid, to Bank at its Chula Vista Main
Office, 295 E Street, Chula Vista, California 92010, and to Authority
at its Office of Community Development, City of Chula Vista, City Hall,
276 Fourth Avenue, Chula Vista, California 92010, or to such other ad-
dresses as either party may in writing hereafter indicate.
48. This Agreement and any agreement, document, or instru-
ment attached hereto or referred to herein integrate all terms and con-
ditions mentioned herein or incidental hereto, and supersede all oral
negotiations and prior writing in respect to the subject matter hereof.
In the event of any conflict between the terms, conditions, and provi-
sions of this Agreement and any such agreement, document, or instrument,
the terms, conditions, and provisions of this Agreement shall prevail.
/DZ(PO
24
. ' .
w
t. ....
49. Authority shall indemnify and hold harmless Bank against
all claims and damages, alleged or otherwise, of whatsoever nature, aris-
ing out of or in any way connected with the acts or omission of any con-
tractor performing rehabilitation work in connection with this Agreement;
provided, however, that Authority's obligations under this paragraph
shall not extend to negligent or wilful acts or omissions by Bank. All
contractors shall operate as independent contractors and nothing herein
is intended to affect such independent contractor status.
50. Bank may, at its option, decline to make additional Loans
from and after the date when the principal balance of all Loans outstand-
ing has exceeded ONE MILLION DOLLARS ($1,000,000.00).
51. This Agreement may be executed in as many counterparts as
may be deemed convenient, each of which, when executed, shall be deemed
an original.
52. The operating aspects of this Agreement, including but
not limited to target area boundaries, may be altered from time to time
through a letter of understanding, accepted mutually by Authority's
Director of Community Development and Bank's City Improvement and Res-
toration Program (CIRP) Department.
IN WITNESS WHEREOF, this Agreement is executed by Authority
acting by and through its
pursuant to Resolution No.
authorizing such execu-
tion, and by Bank.
25
(02 b ~
.
, "
.....
... ,\".
Dated this 16th day of
September
, 1980.
By
,~,4 .....
II.'A
l ~ "c~' V~\.
BANK OF AMERICA NATIONAL TRUST AND
~4-L. ~
E. Anderson
CITY OF CHULA VISTA
,
Title
Mayor of the City of
Chula Vista
Title Vice President/Statewide Head
City Improvement and Restora-
tion Program
I 00{9 (]
26