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Transmittal - 3/29/2023 SALT LAKE CITY CORPORATION 451 SOUTH STATE STREET, ROOM 118 WWW.SLC.GOV · WWW.SLCRDA.COM P.O. BOX 145518, SALT LAKE CITY, UTAH 84114-5518 TEL 801-535-7240 · FAX 801-535-7245 MAYOR ERIN MENDENHALL Executive Director DANNY WALZ Director REDEVELOPMENT AGENCY of SALT LAKE CITY STAFF MEMO DATE: March 29, 2023 PREPARED BY: Tracy Tran, Senior Project Manager RE: Proposed amendment to distribute funds in a lump sum at closing and temporarily extend the lock in the base interest rate for the RDA loan to Bicycle Collective REQUESTED ACTION: Consider a request to disburse loan funds at closing and temporarily extend the lock in the base interest rate to align with New Markets Tax Credit requirements for the continued construction of the Bicycle Collective’s nonprofit headquarters located at approximately 901 S Gale Street POLICY ITEM: Granary Project area development. BUDGET IMPACTS: Up to $2,250,000 from the revolving loan fund. EXECUTIVE SUMMARY: The Bicycle Collective (“Applicant”), a nonprofit organization, received an amendment to their loan approval in October 2022 from the RDA Board of Directors (“Board”) through the Redevelopment Agency of Salt Lake City (“RDA”) Loan Program Policy for the construction of the Applicant’s new headquarters located at approximately 901 S Gale Street (“Property”), as illustrated in Attachment A: Site Map. The Project will contain about 15,000 square feet for a multi-use building that will house the retail, programming, and operations space for the Bicycle Collective (“Project”). The loan approved by the RDA would help fill the Project’s financing gap as construction costs and interest rates continue to rise. The Project began construction in January 2023 and the Applicant was able to use fundraising resources through their capital campaign to start this construction while they waited to close on the RDA loan. In the early years of planning for the project, the Applicant contemplated the use of the New Markets Tax Credit (“Tax Credits”) for the Project, but opportunities for the Tax Credits did not exist as the Project worked towards finalizing their sources of funds last year. As the Applicant worked towards closing on the RDA loan, an opportunity arose for the Project to apply for the Tax Credits early this year. The Project received a commitment for the Tax Credits on February 16, 2023, which would provide a Tax Credits equity contribution of around $1,000,000 for the Project and would provide for a reduction in the amount the Applicant would need to borrow through the RDA loan. 1 The Tax Credits program is complex scheme with an intricate set of requirements. For the Applicant to receive both the RDA loan and Tax Credits, the Applicant has requested certain modifications to the RDA loan terms as detailed in this memo. Since the Tax Credits are based on specific geographic areas and because the Bicycle Collective has other locations throughout Utah, to use the Tax Credits financing for this Project, the program requires the Applicant to form a new legal entity specifically for this transaction for a 7-year compliance period. While the new entity will be legally separate from the Applicant, the new entity will nevertheless be controlled by the Applicant. The Applicant would lease the land for a nominal amount to the new entity to receive the Tax Credits benefits and ensure completion of the construction. The Applicant will make payments to the new entity (which will ultimately go back to the Applicant to cover debt payments). The RDA’s security would be placed on the land and the improvements to be constructed on the property. At the end of the compliance period and given all obligations have been met, the Tax Credit structure would unwind and the new entity that was created would be taken out. The structure for the Tax Credits require that the RDA loan be disbursed at closing as leverage for the Tax Credits allocation. In addition, the Applicant is asking to extend the lock on the interest rate as it expires April 11, 2023. The Applicant anticipates closing on the Tax Credits and RDA loan no later than May 4, 2023 to meet the conditions for the Tax Credits. BACKGROUND: In November 2017, the RDA offered the Property through a request for proposals (“RFP”) process and selected the Bicycle Collective with which to negotiate for the development of the Property. In August 2018, the Board approved a land write-down for the property in exchange for incorporating public benefits within the development. The project will be maintained as the headquarters of the Bicycle Collective, a community serving non-profit, and include public art, high quality façade materials and will be designed to at least a LEED Silver standard or equivalent level. In May 2022, the RDA Board of Directors (“Board”) approved a $1,750,000 primary loan to the Bicycle Collective. Due to construction cost increases and supply-chain issues that delayed the construction of their development, the Applicant sought an additional $500,000 in primary financing, totaling $2,250,000 and requested to lock in their base interest rate for six months to help them manage costs, which the Board approved in October 2022. Since then, the RDA conveyed the Property to the Applicant in late 2022 and the Applicant used their fundraising capital to start construction on the Property in January 2023. As the Applicant worked to close on the RDA loan, an opportunity arose for the Tax Credits, which would allow for additional equity in the Project and a reduction in the amount the Applicant would need to borrow from the RDA. ANALYSIS & ISSUES: An overview of 1) Property details, 2) loan modification request, 3) RDA loan program policy alignment, 4) Granary District project area alignment 5) proposed loan terms, 6) capability for loan repayment, and 7) Applicant’s experience is as follows: 1. Property Details The .26 acre property is currently owned by the Applicant (the land was transferred from the RDA to the Applicant in November 2022). The Property is vacant and is zoned D-2 (Downtown Support) District. However, during the seven-year Tax Credits compliance period, the Property will be transferred to and owned by a new legal entity that will be majority controlled by the 2 Applicant. Once the compliance period is complete, the Property will be transferred back to the Applicant. 2. Loan Modification Request The proposed changes to the loan request are summarized below: • Under the current Board-approved loan terms, the RDA would have distributed the loan through construction draws. However, the Tax Credits requires the RDA loan funds to be disbursed in one lump sum at closing to leverage the funds required for the Tax Credits. Both the funds raised by the Applicant through their capital campaign and the RDA loan funds must be held in an investment fund under the newly created entity to leverage the Tax Credits. To ensure oversight during construction, the RDA will receive reports from a third-party consultant for each construction draw. • Under the current Board-approved loan terms, the Applicant received a lock on the base interest rate for six months, or until April 11, 2023. The Applicant is now requesting an extension for the lock in the base interest rate to help them manage costs and to ensure they are able to close by the May 4, 2023 deadline. Though the RDA loan is anticipated to be reduced to about $1.4 million, RDA staff recommends to maintain the original requested loan amount in case the Applicant is unable to close on the Tax Credits financing before the expiration date. If for some reason, the Tax Credits portion of this Project is unable to close, the previously amount approved for the RDA would help ensure the Project is completed. 3. Policy Alignment: RDA Loan Program This loan request aligns with RDA Loan Program Policy (“Program”), as adopted by the RDA Board, except for the request to lock in an interest rate prior to closing (which required a waiver from the Board) and with a clarification that although the loan amount is technically sized appropriately (using debt service coverage ratio and/or loan to value calculations) as per the Program, the projected repayment of the loan is based on the ability for the Applicant to adequately fundraise to cover the loan balance at the end of the term. The Program states that “the base interest rate shall be fixed at 300 basis points (3%) plus the US Treasury Yield Curve Rate, as determined by the term of the loan, at loan closing.” Since the request would lock in a rate prior to closing, this change required a waiver from the Board, which was approved in October 2022. Locking in the interest rate would provide more certainty for the Applicant to understand their repayment capacity in an environment of continuous rising interest rates. Resolution R-14-2022 approved the interest rate lock for 6 months which expires on April 11, 2023. The Applicant would like to ensure the interest rate is locked at the same rate when closing is anticipated to occur on the Tax Credits and RDA loan, which is anticipated to occur by May 4, 2023. In regards to loan disbursement, the Program states that “As established by administrative policies and procedures, RDA staff shall ensure that each loan is services in accordance with procedures used in prudent loan administration.” Since the Tax Credits will require disbursement of the RDA loan at closing, RDA staff will require 3rd party construction draw reports to ensure funds are adequate to complete construction. 3 The reliance on fundraising to cover the loan made this project riskier than others. The Applicant continues fundraising efforts to receive donations throughout construction. The Tax Credits equity reduces the amount the Applicant would need to borrow from the RDA (from $2,250,000 to ~$1,400,000), which reduces the amount of debt service on the Applicant and decreases the risk from the previous structure. The Applicant has requested an interest rate reduction to acknowledge four public benefits provided by the Project: • Public Amenities: The Project is located along 9 Line Corridor that connects the east with the west side neighborhoods. The Project will also include a public art amenity. • Transit Alternatives: The mission of the Bicycle Collective is to promote cycling as an effective and sustainable form of transportation. Additionally, the Project will include employee showers and lockers. • Architecture and Urban Design: The Project participated in an RDA design review process that reviewed the buildings materials, how the project fits in the with surrounding neighborhood, and how the project will enhance the public realm. • Sustainability: The Project will be an all-electric building that will include rooftop solar and the Project has been designed to a LEED-Silver equivalent standard. The Bicycle Collective was also recently awarded a Blue Sky Grant from Rocky Mountain Power. 4. Policy Alignment: Granary District Redevelopment Project Area Plan The Project aligns with the RDA’s goals for the neighborhood, as adopted through the Granary District Redevelopment Project Area Plan, as follows: • Commercial Objectives: o Provide a broad mixture of small and medium commercial tenants representing a variety of uses. o Promote commercial development on a neighborhood scale with an emphasis on specialty stores and neighborhood services. • Neighborhood Revitalization: o Return underutilized land to a productive use through a reduction in the number of neglected buildings and vacant lots to reduce crime and improve the physical environment of the neighborhood. • Housing Objectives: o Create attractive neighborhood environments that will reinforce the sense of community. o Require active, friendly, and public-oriented ground-level uses that contribute to the pedestrian environment and serve the neighborhood. • Transportation Objectives: o Pedestrian and Bicyclist Circulation: Provide access with an emphasis on a friendly and safe environment for bicycles and pedestrians. • Urban Design o Create a pedestrian friendly streetscape that will establish a sense of neighborhood. 4 5. Summary of Proposed Loan Terms • Amount: With the Tax Credits, the loan amount will be sized up to $1,400,000. Without New Markets Tax Credit (“Tax Credits”), the loan amount will be sized to the lower of $2,250,000 or a maximum of a 90% of value as per an as-completed appraisal. o Interest Rate: RDA Loan Program Base Rate (U.S. Treasury Yield plus 3%) 5.66%* Public Benefits Interest Rate Reduction**: • Public Amenities • Transit Alternatives • Architecture and Urban Design • Sustainability -0.5% -0.5% -0.5% -0.5% Final Interest Rate*** 3.66% *Base interest rate shall be locked at this 5.66%, as opposed to the rate at closing. This rate is based on the U.S. Treasury Yield Curve Rate, as determined by the term of the loan. **To be eligible for interest rate reductions, the project will be required to meet the criteria outlined in section 3. *** The final interest rate will be based on 5.66% base interest rate minus eligible interest rate reductions. • Term: 5 years. • Amortization: 20 years. • Lien: A first position lien on the property. 6. Loan Repayment The loan repayment for this Project is based on fundraising. The Project is projected to pay off the loan through their capital campaign that will seek donations from individuals, organizations, and foundations. The Applicant has raised a large portion of funds and anticipates additional donations throughout construction. These donations are expected to cover the debt service for the loan. The addition of the Tax Credits equity reduces the amount of debt needed for this project, which reduces the risk of this loan. 7. Developer’s Experience The development team consists of four members from the Applicant’s Building Committee with a range of experience in executive, project, and construction management. PREVIOUS BOARD ACTION: • October 2022: The RDA Board approved an increase in the amount of the primary loan to $2,250,000 to the Bicycle Collective and approved a base interest-rate lock. (R-14-2022) • May 2022: The RDA Board approved a $1,750,000 primary loan to the Bicycle Collective for construction of the Project. (R-6-2022) 5 • August 2018: The RDA Board approved a land write-down for the property in exchange for incorporating public benefits within the development (R-28-2018). ATTACHMENTS: A. Site Map B. Site Photos C. Project Renderings D. Term Sheet E. Resolution from October 2022 (R-14-2022) F. Resolution 6 ATTACHMENT A: SITE MAP 7 ATTACHMENT B: SITE PHOTOS 8 ATTACHMENT C: PROJECT RENDERINGS & ELEVATIONS 9 10 11 ATTACHMENT D: TERM SHEET APPLICANT Bicycle Collective (“Applicant”), a nonprofit entity ADDRESS Property located at approximately 901 S Gale Street PROPOSED LOAN TERMS • Amount o With New Markets Tax Credit: loan amount will be sized up to $1,400,000 o Without New Markets Tax Credit: $2,250,000 • Eligible Uses: Construction costs • Interest Rate: RDA Loan Program Base Rate (U.S. Treasury Yield plus 3%) 5.66%* Public Benefit Interest Rate Reduction: • Public Amenities** • Transit Alternatives*** • Architecture and Urban Design**** • Sustainability***** -0.5% -0.5% -0.5% -0.5% Final Interest Rate****** 3.66% RDA staff will confirm the Project qualifies for the applicable interest rate reductions. Any changes to the project could result in changes to the interest rate reductions: * Base interest rate shall be locked at this 5.66%, as opposed to the rate at closing. This rate is based on the U.S. Treasury Yield Curve Rate, as determined by the term of the loan, and shall be valid for 3 months. **To be eligible for this interest rate reduction, the project will include a public art amenity ***To be eligible for this interest rate reduction, the project will be required to provide employee shower, locker, and bicycle facilities as part of their overall development. ****The project participated and received approval through an RDA Design Review process. *****The project will be an all-electric building that will include rooftop solar and the Project has been designed to a LEED-Silver equivalent standard. ****** The final interest rate will be based on 5.66% base interest rate minus eligible interest rate reductions. • Term: 5 years • Amortization: 20 years LOAN TERM SHEET Bicycle Collective 12 • Payments: Hard repayments with balloon payment due at the end of the term. • Security: A first position lien on the property. • Disbursement: With New Market Tax Credits, Loan proceeds shall be disbursed at closing. Without New Market Tax Credits, loan proceeds shall be disbursed through construction draws. CONDITIONS FOR LOAN CLOSING Prior to loan closing, the Applicant will complete the following: • RDA approves all terms of the loan. • Obtain all required City approvals. • Execute loan documents (e.g. promissory notes, loan agreements, security documents, and guarantees) as deemed necessary by the RDA and its legal counsel. • Receive approval from the RDA and its legal counsel of all matters pertaining to title, legality of the loan, and the legality, sufficiency, and the form and substance of all documents that are deemed reasonably necessary for the loan transaction. • Provide evidence of insurance in such amounts and with such coverage as deemed necessary by the RDA for the Property. • Such other terms as recommended by the RDA’s legal counsel and staff. OTHER CONDITIONS • The Project shall operate as the intended use over the term. • The Project shall remain in good financial and legal standing over the term. 13 ATTACHMENT E: RESOLUTION FROM OCTOBER 2022 (R-14-2022) 14 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO. ------- Amending Loan Terms and Approving an Exception to the Loan Policy for a Loan to Bicycle Collective RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY APPROVING AN AMENDED TERM SHEET AND AN EXCEPTION TO THE LOAN POLICY FOR A LOAN TO THE BICYCLE COLLECTIVE FOR A COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APPROXIMATELY 901 SOUTH GALE STREET WHEREAS, the Redevelopment Agency of Salt Lake City ("RDA") was created to transact the business and exercise the powers provided for in the Utah Community Reinvestment Agency Act. WHEREAS, the RDA has a revolving loan fund to provide construction loans for projects located in its project areas that it manages in accordance with the RDA Loan Program Policy Policy"). WHEREAS, the Policy provides that the base interest rate for loans will be set at the closing of the loan. WHEREAS, on May 10, 2022, in accordance with the Policy, the RDA Board of Directors the "Board") approved resolution R-6-2022 allocating the funding and approving terms of a loan in the amount of $1,750,000 to Bicycle Collective, a Utah nonprofit entity (the "Developer"), in connection with the a commercial development to house its headquarters (the "Project") on the property consisting of approximately 0.26 acres located at approximately 901 South Gale Street. WHEREAS, the Developer has requested to increase the loan amount to $2,250,000 and requested an exception to the Policy to set the base interest rate as the rate of 5.66% as reflected in Exhibit A: Term Sheet. WHEREAS, on September 21, 2022, the RDA Finance Committee ("Committee") reviewed Developer's requested changes to the loan terms and interest rate exception. WHEREAS, based on the Committee's recommendations, the RDA staff recommends the Board approve the attached amended set of terms (the "Term Sheet") forthe loan to the Developer, as borrower, for the Project. Additionally, the RDA staff recommends approving an exception to the Policy to set the base interest rate at the rate stated in the Term Sheet and such exception shall be valid for six months from the date of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of Salt Lake City that it approves the loan outlined in the Term Sheet attached hereto, subject to revisions that do not materially affect the rights and obligations of the RDA hereunder. The Board authorizes the waiver of the Policy to set the base interest rate at the rate stated on the Term Sheet, which waiver shall be valid for six months from the date of this 14 of 2022 15 resolution. The Board authorizes the Executive Director to negotiate and execute the loan agreement and any other relevant documents consistent with the Term Sheet, and incorporating such other terms and agreements as recommended by the City Attorney'soffice. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this day of October, 2022. Ana Valdemoros, Chair Approved as to form: --',,._=----_ ____,_,:::.._ _________ _ Salt Lake City Attorney'sOffice Allison Parks Date: September 23, 2022 The Executive Director: does not request reconsideration requests reconsideration at the next regular Agency meeting. Erin Mendenhall, Executive Director Attest: City Recorder 11th Allison Parks (Oct 12, 2022 14:29 MDT) Oct 12, 2022 Ana Valdemoros (Oct 15, 2022 14:42 MDT) Erin Mendenhall (Oct 20, 2022 10:42 MDT) 4 16 EXHIBIT A: LOAN TERM SHEET APPLICANT Bicycle Collective (“Applicant”), a nonprofit entity ADDRESS Property located at approximately 901 S Gale Street PROPOSED LOAN TERMS Amount: $2,250,000 Eligible Uses: Construction costs Interest Rate: RDA Loan Program Base Rate (U.S. Treasury Yield plus 3%) 5.66%* Public Benefit Interest Rate Reduction: Public Amenities** Transit Alternatives*** Architecture and Urban Design**** Sustainability***** 0.5% 0.5% 0.5% 0.5% Final Interest Rate****** 3.66% RDA staff will confirm the Project qualifies for the applicable interest rate reductions. Any changes to the project could result in changes to the interest rate reductions: Base interest rate shall be locked at this 5.66%, as opposed to the rate at closing. This rate is based on the U.S. Treasury Yield Curve Rate, as determined by the term of the loan, and shall be valid for 6 months. To be eligible for this interest rate reduction, the project will include a public art amenity To be eligible for this interest rate reduction, the project will be required to provide employee shower, locker, and bicycle facilities as part of their overall development. The project participated and received approval through an RDA Design Review process. The project will be an all-electric building that will include rooftop solar and the Project has been designed to a LEED-Silver equivalent standard. The final interest rate will be based on 5.66% base interest minus eligible interest rate reductions. Term: 5 years Amortization: 20 years Payments: Hard repayments with balloon payment due at the end of the term. Security: A first position lien on the property. Disbursement: Loan proceeds shall be disbursed through construction draws. CONDITIONS FOR LOAN CLOSING Prior to loan closing, the Applicant will complete the following: RDA approves all terms of the loan. LOAN TERM SHEET Bicycle Collective -RDA LOAN RDA LOAN PROGRAM 17 Obtain all required City approvals. Execute loan documents (e.g. promissory notes, loan agreements, security documents, and guarantees) as deemed necessary by the RDA and its legal counsel. Receive approval from the RDA and its legal counsel of all matters pertaining to title, legality of the loan, and the legality, sufficiency, and the form and substance of all documents that are deemed reasonably necessary for the loan transaction. Provide evidence of insurance in such amounts and with such coverage as deemed necessary by the RDA for the Property. Such other terms as recommended by the RDA’s legal counsel and staff. OTHER CONDITIONS The Project shall operate as the intended use over the term. The Project shall remain in good financial and legal standing over the term. 18 ATTACHMENT F: RESOLUTION 19 REDEVELOPMENT AGENCY OF SALT LAKE CITY RESOLUTION NO. _______________ Amending and Restating Loan Terms and Extending a Limited Waiver of the Loan Policy for a Loan to the Bicycle Collective RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF SALT LAKE CITY APPROVING AN AMENDED AND RESTATED TERM SHEET AND EXTENDING A LIMITED WAIVER TO THE LOAN POLICY FOR A LOAN TO THE BICYCLE COLLECTIVE FOR A COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APPROXIMATELY 901 SOUTH GALE STREET WHEREAS, the Redevelopment Agency of Salt Lake City (RDA) was created to transact the business and exercise the powers provided for in the Utah Community Reinvestment Agency Act. WHEREAS, the RDA has a revolving loan fund to provide construction loans for projects located in its project areas that it manages in accordance with the RDA Loan Program Policy (Policy), which provides that the base interest rate for loans will be set at the closing of the loan. WHEREAS, on May 10, 2022, in accordance with the Policy, the RDA Board of Directors (Board) approved resolution R-6-2022 allocating the funding and approving terms of a loan in the amount of $1,750,000 to the Bicycle Collective, a Utah nonprofit entity (the Developer), in connection with the a commercial development to house its headquarters (the Project) on the property consisting of approximately 0.26 acres located at approximately 901 South Gale Street in the RDA’s Granary Project Area. WHEREAS, on October 11, 2022, in accordance with the Policy, the Board approved resolution R-14-2022 modifying the terms of the originally approved loan to increase the amount of the loan to $2,250,000 and waive a portion of the Policy to lock in the base interest rate of 5.66% for six months. WHEREAS, due to Developer’s receipt of financing through New Markets Tax Credits, the Developer has again requested modifications to the loan terms to modify how the loan is distributed and extend the limited waiver of the Policy to lock in the base interest rate of 5.66% for another three months as reflected in Exhibit A: Amended and Restated Term Sheet. WHEREAS, the RDA Finance Committee (Committee) reviewed Developer’s requested changes to the loan terms and interest rate waiver and had no concerns. WHEREAS, based on the Committee’s input, the RDA staff recommends the Board approve the attached amended and restated set of terms for the loan to the Developer, as borrower, for the Project. Additionally, the RDA staff recommends approving a limited waiver of the Policy 20 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Redevelopment Agency of Salt Lake City that it approves the loan outlined in the Amended and Restated Term Sheet attached hereto, subject to revisions that do not materially affect the rights and obligations of the RDA hereunder. The Board authorizes the waiver of the Policy to set the base interest rate at the rate stated on the Term Sheet, which waiver shall be valid for three months from the date of this resolution. The Board authorizes the Executive Director to negotiate and execute the loan agreement and any other relevant documents consistent with the Amended and Restated Term Sheet, and incorporating such other terms and agreements as recommended by the City Attorney’s office. Passed by the Board of Directors of the Redevelopment Agency of Salt Lake City, this _day of April, 2023. _________________________________ Alejandro Puy, Chair Approved as to form: __________________________________ Salt Lake City Attorney’s Office Allison Parks Date:____________________________ The Executive Director: ____ does not request reconsideration ____ requests reconsideration at the next regular Agency meeting. ________________________________ Erin Mendenhall, Executive Director Attest: _______________________ City Recorder March 29, 2023 21 EXHIBIT A: AMENDED AND RESTATED LOAN TERM SHEET APPLICANT Bicycle Collective (“Applicant”), a nonprofit entity ADDRESS Property located at approximately 901 S Gale Street PROPOSED LOAN TERMS • Amount o With New Markets Tax Credit: loan amount will be sized up to $1,400,000 o Without New Markets Tax Credit: $2,250,000 • Eligible Uses: Construction costs • Interest Rate: RDA Loan Program Base Rate (U.S. Treasury Yield plus 3%) 5.66%* Public Benefit Interest Rate Reduction: • Public Amenities** • Transit Alternatives*** • Architecture and Urban Design**** • Sustainability***** -0.5% -0.5% -0.5% -0.5% Final Interest Rate****** 3.66% RDA staff will confirm the Project qualifies for the applicable interest rate reductions. Any changes to the project could result in changes to the interest rate reductions: * Base interest rate shall be locked at this 5.66%, as opposed to the rate at closing. This rate is based on the U.S. Treasury Yield Curve Rate, as determined by the term of the loan, and shall be valid for 3 months. **To be eligible for this interest rate reduction, the project will include a public art amenity ***To be eligible for this interest rate reduction, the project will be required to provide employee shower, locker, and bicycle facilities as part of their overall development. ****The project participated and received approval through an RDA Design Review process. *****The project will be an all-electric building that will include rooftop solar and the Project has been designed to a LEED-Silver equivalent standard. ****** The final interest rate will be based on 5.66% base interest rate minus eligible interest rate reductions. • Term: 5 years • Amortization: 20 years LOAN TERM SHEET Bicycle Collective 22 • Payments: Hard repayments with balloon payment due at the end of the term. • Security: A first position lien on the property. • Disbursement: With New Market Tax Credits, Loan proceeds shall be disbursed at closing. Without New Market Tax Credits, loan proceeds shall be disbursed through construction draws. CONDITIONS FOR LOAN CLOSING Prior to loan closing, the Applicant will complete the following: • RDA approves all terms of the loan. • Obtain all required City approvals. • Execute loan documents (e.g. promissory notes, loan agreements, security documents, and guarantees) as deemed necessary by the RDA and its legal counsel. • Receive approval from the RDA and its legal counsel of all matters pertaining to title, legality of the loan, and the legality, sufficiency, and the form and substance of all documents that are deemed reasonably necessary for the loan transaction. • Provide evidence of insurance in such amounts and with such coverage as deemed necessary by the RDA for the Property. • Such other terms as recommended by the RDA’s legal counsel and staff. OTHER CONDITIONS • The Project shall operate as the intended use over the term. • The Project shall remain in good financial and legal standing over the term. 23