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HomeMy WebLinkAboutResolution SEDA2023-06 06/26/2023 SPRINGFIELD ECONOMIC DEVELOPMENT AGENCY (SEDA) RESOLUTION NO. SEDA2023-06 A RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS RELATED TO THE SEDA ACQUISITION AND PREDEVELOPMENT LOAN CONTRACT #2827 WHEREAS, in April 2021, the Springfield Economic Development Agency (SEDA) entered into a Memorandum of Understanding with Blue McKenzie Apartments, LLC, regarding construction of a new eight-story mixed use building with market-rate residential units and ground floor commercial uses in Downtown Springfield (the"Project"); WHEREAS, the Project's goals are to create a proof of concept to communicate viability and profitability of a new construction type/height in Springfield; to provide a market rate high-density, housing project to serve as a comparable to financial institutions approving similar future projects; and to create a dense development in downtown which spurs subsequent private, taxable, development and increases market rate housing stock; WHEREAS, in May 2021, SEDA entered into the Acquisition and Predevelopment Loan Contract #2827 ("Loan Contract") with Blue McKenzie Apartments LLC for the purpose of providing up $400,000 for Blue McKenzie Apartments, LLC to acquire the property east of 7t" Street and north of A Street (Map Number 17-03-35-42, Tax Lot 2300) (the "Property"), and an additional $1,600,000 to fund predevelopment costs of the Project; WHEREAS, the Loan Contract was amended in November 2022 to provide a six-month extension until May 2023 to allow more time for Blue McKenzie Apartments, LLC to secure construction financing, and in February 2023 to add $100,000 for building permit submittals to occur while negotiations for construction financing were underway; WHEREAS, the market and lending conditions have changed significantly since the Project predevelopment work began in Spring 2021 due to factors outside the parties'control, and these conditions have continued to worsen in 2023; WHEREAS, construction costs have risen more than ten percent since May 2021 and have continued to increase in 2023, which increases the cost to construct the Project; WHEREAS, in 2023, the Federal Reserve has raised interest rates an additional 0.75% to a fifteen- year high of 5.25%, which impacts SEDA's ability to issue indebtedness to provide a construction loan for the Project and impacts Blue McKenzie Apartment LLC's ability to secure construction financing; WHEREAS, SEDA remains committed to the goals of the Project but recognizes that recent market volatility and changed lending conditions may make construction of the Project, as envisioned in the Loan Contract, to be infeasible, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SEDA, AN URBAN RENEWAL AGENCY OF THE CITY OF SPRINGFIELD, AS FOLLOWS: Section 1: The City Manager or a person designated by the City Manager is hereby authorized to declare the Project as described in the Acquisition and Predevelopment Loan Contract #2827 to be infeasible, if in the judgment of the City Manager or person designated by the City Manager, the construction of said Project has become impractical and not in the best interests of the Springfield Economic Development Agency. Section 2: The City Manager, City Finance Director, City Attorney, or any person designated by the City Manager, are authorized to take any actions under the Acquisition and Predevelopment Loan Contract #2827 or the loan documents as defined therein, which are desirable to enforce SEDA's rights under the Contract. Such actions may include but are not limited to forgiving the principal of the loan in exchange for a deed to the Property, or issuing a notice of default and instituting foreclosure of SEDA's deed of trust. Section 3: This Resolution will take effect immediately upon adoption. ADOPTED by the Board of SEDA, an Urban Renewal Agency of the City of Springfield this 26th day of June , 2023, by a vote of 8 for and 0 against. ATTEST: Allie Camp, SEDA Staff Liaison REVIEWED&APPROVED AS TCI FORM Kri4t'a vt m,Kra IM DATE' 6/2.612.3 SPRINGFIIRD f.ITY ATTORNEYS OFFICE Resolution No. SEDA2023-06