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<br />. <br /> <br />CITY OF RIVERSIDE <br /> <br />COUNCIL/AGENCY MEMORANDUM <br /> <br />Honorable Mayor & Agency Members <br />and Redevelopment Agency <br /> <br />Date: <br />Item No.: <br /> <br />November 21,2000 <br />6 <br /> <br />Subject: Request Authority to Approve the Second Amendment to the Riverside Marketplace <br />Development Cooperation Agreement to Extend Sales Tax Transfer Agreement Between the <br />City and Redevelopment Agency for the Merged University Corridor -Sycamore Canyon <br />Project Area Through FY 2027-28 <br /> <br />Background <br /> <br />Several years ago, the City and Redevelopment Agency entered into a Marketplace Sales Tax Agreement which <br />provided for project sales taxes in combination with tax increment be used to retire the Agency's Section 108 <br />Loan and its City note. These obligations were incurred by the Agency to finance the Marketplace project. <br /> <br />The agreement has been amended once in order to increase repayment resources by adding adjoining parcels <br />located immediately adjacent to Marketplace project. The amendment was an interim step to help address the <br />Marketplace project's cash flow deficiencies stemming from a skewed repayment schedule, which required <br />especially large payments toward the end of the amortization schedule. The amendment also anticipated that the <br />Agency would seek to secure a note modification from HUD to lengthen the term of the Section 108 Note <br />repayment schedule and eliminate the FY 2000 balloon payment. It was hoped that HUD would allow the <br />modification which would have lowered annual cash flow requirements by extending the term of the note. <br /> <br />After several letter requests and phone calls to both local and federal HUD officials, staff was unsuccessful in <br />obtaining a note modification. Officials at the HUD office indicated that due to a manpower shortage in their <br />financing division, they were not equipped to deal with this type of request. Committee members may recall it <br />took over 2 years to obtain the Mission Village Section 108 funds after the City received notice of the grant <br />award. HUD's financial division is still experiencing personnel shortages. The Agency has repaid the Section 108 <br />obligation using available project sales tax, tax increment and the merged project area fund balance. <br /> <br />In traditional redevelopment projects and activities, an Agency's investment is usually recaptured by increased tax <br />increment due to rising property values resulting from the enhanced investment. This allows additional bonding <br />capacity to the Agency to further its redevelopment activities. In the case of this project, extraordinary <br />environmental issues and clean up costs, litigation costs pertaining to condemnation cases and the general real <br />estate recession, all contributed to a cash flow deficiency of the Marketplace project making it unable to perform <br />as initially envisioned when undertaken by the Agency. If HUD had extended the amortization schedule for the <br />Marketplace 108, the Sales Tax Agreement would have automatically been extended to correspond to the Section <br />108 term. <br /> <br />Analysis <br /> <br />The cash flow strictly generated from the Marketplace project was insufficient to meet the Section 108 debt <br />service requirements. It was necessary to use merged Sycamore Canyon/Central Industrial Project Area fund <br />balance to assist and these amounts were included each year in the annual budget. Unfortunately, this placed an <br />extreme cash flow hardship on the merged project area's fund balance and its finances for future projects. <br /> <br />6-1 <br /> <br />