Financing to Promote Economic Development March 2011 Participating - - PowerPoint PPT Presentation
Financing to Promote Economic Development March 2011 Participating - - PowerPoint PPT Presentation
Using Section 108 Loan Guarantee Financing to Promote Economic Development March 2011 Participating in the Webinar Call will last approximately 90 minutes. All callers are muted due to the high number of participants. The
Participating in the Webinar
- Call will last approximately 90 minutes.
- All callers are “muted” due to the high number of participants.
- The slides will be posted on the CDBG Program pages
shortly.
- Webinar will be recorded for future use and made available
for viewing/downloading.
Participating in the Webinar
- Please call into the webinar using the audio information, and
log into the viewing portion using the Live Meeting link.
- If you have questions on the material that is covered today,
you are welcome to submit them throughout the presentation using the “Q&A” function on the Live Meeting toolbar.
- A resource advisor will forward some questions to presenters
to answer at the end of the webinar.
- HUD will be developing additional guidance on Section 108
loan guarantee financing.
Using Section 108 Loan Guarantee Financing to Promote Economic Development March 2011
SECTION 108 LOAN GUARANTEE PROGRAM
- ADMINISTERED AS PART OF CDBG
PROGRAM
- 24 CFR § 570.700-570.711
SECTION 108 LOAN GUARANTEE PROGRAM OVERVIEW
WHAT IS SECTION 108?
- Financing tool that allows communities and
States to expand size of their CDBG programs (as much as 5 times their CDBG allocations)
- If activities meet CDBG requirements and loan
meets Section 108 underwriting criteria, State
- r locality issues note for HUD’s guarantee
- Notes are repaid with CDBG funds, program
income, and/or other revenues
SECTION 108 SUMMARY
- Over 1,800 commitments, totaling $8.5
billion
- $2.4 billion in loans outstanding
- Approximately 60% of Section 108
commitments are allocated to economic development
- 100,000 jobs created or retained
WHY SECTION 108 IS NECESSARY
- Communities have “Main Street” development
projects which need long-term, affordable financing
- CDBG funds aren’t available because they are
- bligated to other uses
- Private sector investors (“Wall Street”) are willing to
provide financing for projects, but are unwilling to bear project risk
- Section 108 is a vital resource for matching the needs
- f Main Street with the financing from Wall Street
ADVANTAGES OF SECTION 108
- LEVERAGE: $1 of CDBG creates $5 of Section 108
borrowing capacity
- RECEIVE FUNDS NOW not pay-as-you-go
- SPREAD COSTS over multi-year period
- LONG-TERM, FIXED-RATE FINANCING at AAA rates
- NOT A GENERAL OBLIGATION for debt purposes
SECTION 108 FLOW OF FUNDS (KEY PLAYERS)
HUD
Borrower* Wall Street (Private
Lenders/Investors)
Main Street Project
The Eligible 108 Activity (Borrower or Third Party Borrower)
* “Borrower” in this case denotes all eligible community recipients
SECTION 108 FLOW OF FUNDS (CONT.)
HUD
Borrower applies to HUD for Section 108 Guarantee and Offers Pledge of CDBG
* “Borrower” in this case denotes all eligible community recipients
Main Street Project
The Eligible 108 Activity (Borrower or Third Party Borrower)
Wall Street (Private
Lenders/Investors)
Borrower*
SECTION108 FLOW OF FUNDS (CONT.)
HUD
Pledge of CDBG HUD Section 108 Guarantee
* “Borrower” in this case denotes all eligible community recipients
Main Street Project
The Eligible 108 Activity (Borrower or Third Party Borrower)
Wall Street (Private
Lenders/Investors)
Borrower*
SECTION 108 FLOW OF FUNDS (CONT.)
HUD
Project $ Project $ Pledge of CDBG HUD Section 108 Guarantee
* “Borrower” in this case denotes all eligible community recipients
Main Street Project
The Eligible 108 Activity (Borrower
- r Third Party
Borrower)
Wall Street (Private
Lenders/Investors)
Borrower*
Project $ Security Project $
SECTION 108 FLOW OF FUNDS (CONT.)
HUD
Assignment
- f Additional
Loan Security Pledge of CDBG HUD Section 108 Guarantee
* “Borrower” in this case denotes all eligible community recipients
Main Street Project
The Eligible 108 Activity (Borrower
- r Third Party
Borrower)
Wall Street (Private
Lenders/Investors)
Borrower*
Project $ Security Project $
SECTION 108 FLOW OF FUNDS (CONT.)
HUD
Repayment $ Assignment
- f Additional
Loan Security Pledge of CDBG HUD Section 108 Guarantee
* “Borrower” in this case denotes all eligible community recipients
Main Street Project
The Eligible 108 Activity (Borrower
- r Third Party
Borrower)
Repayment $
Wall Street (Private
Lenders/Investors)
Borrower*
PROJECT EXAMPLE: OXFORD PLAZA AND DAVID BROWER CENTER (Berkeley, CA)
- Oxford Plaza
- 41 spaces of
ground-level parking
- 8,100 square
feet of retail
- 97 units of
affordable housing
- David Brower Center
- 33,000 square feet of rental office space for non-profit organizations
- 7,400 square foot auditorium and conference center
- 3,000 square foot restaurant
PROJECT EXAMPLE: ADRIAEN’S LANDING— HARTFORD, CT
- 36-acre area-based
development
- Housing
- Retail
- Entertainment
- Hotel
- Convention Center
- Recreation
SECTION 108 LOAN GUARANTEE PROGRAM BASICS
WHO CAN APPLY?
- Entitlement Communities (Cities and Urban Counties)
that receive CDBG funds directly
- Non-Entitlement communities eligible to receive CDBG
funds under the HUD-Administered Small Cities CDBG program
- Non-Entitlement public entities assisted by states that
administer block grants
- States (for use in non-entitlement areas)
- Insular areas (American Samoa, Guam, Northern
Mariana Islands, and the Virgin Islands)
HOW CAN SECTION 108 LOAN FUNDS BE USED?
- Real property acquisition
- Rehabilitation of publicly owned real property
- Relocation
- Clearance/demolition
- Site preparation
- Housing rehabilitation
- Economic development
- Public facilities/improvements
- Issuance costs
- Interest costs
- Debt service reserves
TYPICAL ECONOMIC DEVELOPMENT USES OF SECTION 108 FINANCING
- Commercial Development
- e.g., retail, offices, restaurants
- Industrial Development
- e.g., manufacturing, warehouses, bio-medical facilities
- Working Capital
NATIONAL OBJECTIVES
LOW/MOD BENEFIT SLUM/BLIGHT URGENT NEED
Job creation/retention Area Benefit Limited Clientele Area Spot
- Any national objective is possible, depending
- n purpose of Section 108-assisted
development
PUBLIC BENEFIT STANDARDS
- Mandatory for:
- Special economic development projects --
§570.203
- Community economic development
projects (by CBDO) -- §570.204, and
- Public improvement or facility projects
classified under Low/Mod Job Creation/Retention where more than $10,000/job in CDBG assistance
OTHER REQUIREMENTS
Section 108 activities must comply with all CDBG rules
- 70% LMI Targeting
- Other Federal Requirements
- Environmental review
- Davis Bacon
- Uniform Relocation Act
- Office of Management and Budget circulars
(as applicable—A-122, A-87, A-21)
- Fair housing/equal opportunity
- Lead Based Paint
SECTION 108 LOAN GUARANTEE PROGRAM FINANCING
SECTION 108 FINANCING SPECIFICS
- Amount up to five times annual CDBG
award
- Entitlement
- State
- Maximum Term 20 years
- Taxable
SECTION 108 LOAN-GUARANTEE FINANCING
HUD Guarantee Guarantee Investor (Permanent Lender) Investor (Interim Lender) Locality/State Loan Proceeds Loan Proceeds Pledge of CDBG Funds
TYPES OF FINANCING
- Interim – variable interest rate
- Permanent – fixed interest rate
INTERIM LOANS
- Interim loan available until public offering
- Fiscal Agent arranges sale of HUD-guaranteed note and
services loan
- Interest rate: Variable 90 day London Inter Bank
Offered Rate (LIBOR) + 20 basis points, paid quarterly
- HUD guarantees repayment of borrower’s loan to
investors
- Interim Lender currently a Money Market Fund
(Federated Investors)
PERMANENT LOANS
- Permanent – fixed interest rate
- Public offering provides long-term, fixed-interest
rate financing
- “Public offering” conducted annually by Section 108
underwriting team
- Interest rates—fixed; benchmarked on U.S. Treasury
yields
- Fees—includes underwriting, legal and printing
costs
- Loans serviced by trustee
COMPARISON OF INTEREST RATES (March 2011)
- Prime Rate (variable) –3.25%
- Section 108: fixed (due 8/1/2031)** – 3.85%
- Section 108: variable – 0.51% (LIBOR OF 0.31%
plus 20 basis points)
**If public offering were held in March
SECTION 108 UNDERWRITING
- Debt coverage ratio, as applicable
- Credit Reform Act
- HUD estimates “subsidy rate” for Section 108
- HUD establishes loss reserve
- CDBG grants and additional loan security
FORMS OF ADDITIONAL SECURITY
Examples include:
- Assets created from use of Section 108
guaranteed loan (project-based security)
- Real Property
- Portfolio income
- Equipment
- Parking revenue
- Special tax revenue
PROJECT BASED SECURITY
Examples include:
- Lien on real property (in name of HUD
Secretary) based on appraised value
- Tax increment revenues
- Assignment of interest on third-party (e.g.,
business) loans
- “Additional Security” (negotiated on a case-by-
case basis)
SOURCES OF REPAYMENT OF SECTION 108 LOANS
Examples include:
- Payments from third-party borrowers
- Tax Increment Financing (TIF) revenues
- Program Income
- CDBG program grant funds
KEY STEPS
Screen potential project Apply to HUD for loan guarantee Receive approval from HUD and close loan Disburse and service loan
KEY SECTION 108 STEPS
Underwrite project
STEP 1: SCREEN THE PROJECT
- Grantees screen projects prior to HUD application
to determine:
- 1. Eligibility of use
- Activity Eligibility
- National Objectives Compliance
- Public Benefits Standards (as applicable)
- Other federal requirements
- 2. How the Section 108 loan will
be repaid
STEP 2: GUIDELINES FOR UNDERWRITING ECON DEV PROJECTS
See guidelines at 24 CFR 570.209(a):
- Project costs are reasonable
- Sources of funding are committed
- CDBG/Section 108 not to be substituted for
non-federal funds
- Project financially feasible
- Return on owner’s equity not unreasonably
high
- Pro-rata disbursement
STEP 3: APPLY TO HUD
- 1. Presubmission requirements
- 2. Submission requirements
- 3. HUD Review
BEFORE SUBMITTING
1. Presubmission and citizen participation requirements
- Proposed application includes:
- Community development objectives to be met by use of loan
guarantee financing
- Description of activities and national objectives to be met, and costs
- Citizen Participation
- Publish community-wide proposed Section 108 loan guarantee
application for citizen review and comments
- After consideration of citizen comments, make final copy of
proposed Section 108 loan guarantee application available to citizens
- Consolidated Plan
- Follow community’s Consolidated Plan for substantial
amendments and citizen participation requirements
APPLICATION SUBMISSION
- 2. Submission Requirements
- Project and activity description, including costs
- Eligibility category, including public benefit
standards (as applicable)
- National objective
- Repayment schedule
- Certifications
HUD REVIEW
- 3. Review
- HUD Field Office
- HUD Headquarters
STEP 4: RECEIVE APPROVAL AND CLOSE
- HUD approves & issues commitment
- Close Section 108 loan
- HUD prepares loan documents
- Delivery of documents to investor (thru Fiscal
Agent or Trustee)
STEP 5: DISBURSE AND SERVICE THE LOAN
- Trustee/Fiscal agent wires funds to account
- Custodial Accounts
- Guaranteed Loan Funds Account
Borrower disburses funds for activity costs Borrower disburses to 3rd party for carrying out approved activities
- Loan Repayment Account
- Important Development Tool
- Wide range of eligible uses
- Addresses CDBG national objectives
- Non-competitive and rolling process
- Leverages scarce resources
- $5 for every $1 of CDBG
- if underwritten properly, will not be a drain to
CDBG program
- Important source of funding for larger projects
- Flexible repayment schedule
- Long-term, reasonably priced financing
SECTION 108 SUMMARY
CONCLUSION AND LIST OF RESOURCES
- E-mail box for questions
CDBGEDquestions@hud.gov
- CDBG Statute and the Code of Federal Regulations
http://www.hud.gov/offices/cpd/lawsregs/index.cfm
- Federal Register Notices on Job Relocation and Eminent Domain
http://www.hud.gov/offices/cpd/economicdevelopment/toolkit/Job_Pirating_Fina l_Rule.pdf http://edocket.access.gpo.gov/2006/pdf/06-6258.pdf
- Economic Development Toolkit
http://www.hud.gov/offices/cpd/economicdevelopment/toolkit/index.cfm
- Join Us for the Next Webinar: “Open Forum/Question and Answer Discussion
- n CDBG and Section 108 Economic Development (for states
and entitlements)” – Wednesday, March 30, 2011
Your Feedback is Important to Us!
- Join Us for the next webinar on Wednesday,
March 30, 2011: “Open Forum/Question and Answer Discussion on CDBG and Section 108 Economic Development (for states and entitlements)” Please take a minute to answer a quick 15-Question survey on this HUD Presentation.
- Link: http://www.surveymonkey.com/s/CDBG2