1987-043-RES WHEREAS, the City Council of the City of Paris did heretofore authorize application for a loan from the
RESOLUTION NO. 87-043
WHEREAS, the City Council of the City of Paris did
heretofore authorize application for a loan from the
National Preservation Loan Fund in the amount of $50,000 for
Main Street Market Square Development Project which required
the obtaining of matching funds; and,
WHEREAS, the required matching funds have been obtained
in the form of a grant and the loan agreement with National
Preservation Loan Fund should be accepted and agreed to
using the form of loan agreement attached hereto as Exhibit
A; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, as follows:
1. That Billy Joe Burnett, Mayor of the City of
Paris, be, and he is hereby authorized and directed to
execute on behalf of the City of Paris the loan agreement in
the form attached hereto as Exhibit A.
2. That W. E. Anderson, Director of Finance,
he is hereby authorized to serve as the City's
officer to receive funds for purposes of this Main
Market Square Development Project.
3. That Sue Smith, Main Street Project Manager, be,
and she is hereby appointed contact person for Main Street
Market Square Development Project.
be and
fiscal
Street
Passed and adopted this 13th day of April, 1987.
~~e~JI' -
Bi e Burnett, Mayor
ATTEST:
~~" \..~ ~\. \~~i:&~f~~~>\
Mattie Cunning am, it erk
, 1fl~
T. K. Haynes, City Attorney
April 13, 1987
Billy Joe Burnett
. Mayor
City of Paris
City Hall
Paris, Texas 75460
Re: National Preservation Loan Fund -- $50,000 Loan to the
City of Paris MaIn Street Project, Paris, Texas
Dear Mayor Burnett
The National Trust for Historic Preservation In the United States (the "National
Trust") Is pleased to advise you that the application of the City of Paris Main
Street Project ("the City") for financial assistance from the Financing Main
Street Preservation progran of the National PreservatIon Loan Fund (the "Fund")
has been approved. The National Trust will provide financial assistance to the
CIty upon the terms and conditions hereinafter set forth:
1. Nature of Assistance, The National Trust will make a loan to the City
In the principal ffilOUnt of Fifty Thousand Dollars ($5D,DOD) (the "Loan") for the
purpose of assisting In the construction of permanent sheds for the CIty's
historic Market Square Fanners' Market (the "Property"). This activity Is
hereinafter referred to as the "Project". The Loan Is to be adnlnlstered In
accordance with the purposes set forth In your Application for Fund Assistance
dated April 1, 1986 (the "Application"). In the event of a conflict between
this Agreement and the Application, the provisions of this Agreement shall
govern,
2. Loan Provisions
A. The Loan shall be for a tenm of five (5) years from the date of
disbursement and shall bear Interest on the principal sum at the rate of eight
percent (8%).
B, The Loan shall be repayable as follows: Interest, at the rate
specified, shall be payable on the unpaid principal balance of the Loan
quarterly, commencing on the fIrst (1st) day of the fourth (4th) month following
disbursement of the Loan and continuing on the first (1st) day of each third
(3rd) month thereafter until the first (1st) day of the fourth (4th) month
following the first (1st) anniversary of disbursement of the Loan. Commencing
on such date, principal and Interest shall be payable In sixteen (16) equal
quarterly Installments, based on a four (4) year amortization, until the final
quarterly payment when the entire unpaid principal balance, and all accrued and
unpaid Interest thereon, shall be due and payable In full.
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Page T~
C. The City shall have the right at any time and from time to time to
prepay all or part of the principal sum without premium or penalty upon the
payment of accrued Interest to the date of such prepayment.
3. Matching Funds Requirement. The Loan shall be conditioned upon and made
available to the City at the rate of one (1) National Trust dollar for each one
(1) dollar provided by the City for use In the Project. Only funds to be used
specifically for capital costs for the construction of the Property are eligible
to meet the matching requirement. This match shall be satisfied by a resolution
from the Paris City Council stating that adequate funds to complete the project
have been approved. Such evidence must be satisfactory to the National Trust,
4. Loan Disbursement
A. The Loan shall be disbursed within one (1) year from the date of
acceptance of this commitment for financial assistance In Increments of not less
than Twenty-five Thousand Dollars ($25,OOD) each, Such disbursements shall be
made, In the ratio of National Trust funds to funds raised by the City
as provided for In paragraph 3, upon your written request and submission of
evidence of your receipt of such funds.
Disbursement of any undisbursed portion of the Loan shall be conditioned upon
your meeting all of the requirements set forth In this letter and there being no
default In any Loan documents Issued In conjunction herewith. If not exercised,
or to the extent not exercised, this Loan commitment shall tennlnate and shall
be null and void one (1) year from the date of acceptance. The Loan Is to be
closed at no expense to the National Trust.
B. The Loan shall be evidenced by a Promissory Note on the principal
amount, or so much thereof as shall have been advanced by the National Trust and
remains unpaid, and secured by a loan guaranty, certificate of deposit, or other
security deemed acceptable by the National Trust. If the security is In the
fonn of real estate, disbursement of the Loan will be made contingent upon
approval by the National Trust of an appraisal. The Promissory Note, security
Instruments, and other legal matters pertaining to the Loan shall be approved as
to fonn and substance by the National Trust's Special Counsel, Financial
Services prior to Loan disbursement. The adequacy of collateral and any
substitution of collateral shall be detennlned by the National Trust In Its sole
discretion, An opinion of the City's legal counsel, satisfactory In fonn and
substance to the National Trust, will be required In connection with the
disbursement of the Loan.
5. Use of Funds. The proceeds of the Loan shall be used exclusively for
construction of permanent sheds and other capital costs associated with the
development of the City's Market Square Farmers' Market and shall not be used for
defraying administrative or any other expenses of the City or for any other
purpose.
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Page Three
G. Approval of Plans and Specifications
A. The National Trust must approve the final design of the Market Square
project prior to commencement of Project work.
B, Prior to commencement of Project work, the City shall obtain written
approval from the State Historic Preservation Officer for all plans and
specifications used In the Project. The SHPO shall approve the historic site
treatment, particularly with respect to Its Impact on potential archeological
data.
C, The City must ensure that all architectural services necessary for
design and construction are perfonmed adequately. This Includes, but Is not
limited to, such services as site Inspections; historical, archeologIcal and
architectural research; and preparation of architectural plans and technIcal
specifications.
D. The City must arrange for competent architectural, engineering and, If
appropriate, archeological supervision at the construction site to ensure that
the work conforms to the approved plans and specifications.
E, The construction work must be completed In accordance with the approved
plans and specifications. Any changes that substantially alter the scope of
work must be approved In advance In writing by the State Historic Preservation
Officer and the National Trust,
7, Reportlnq Requirements
A. Written reports on the activities Involving Fund monies shall be
submitted to the NatIonal Trust quarterly with the fIrst report due one (1)
month after the end of the quarter In which this letter was signed (quarters are
January-March, April-June, July-September and October-December). Therefore,
reports shall be due on May I, August I, November 1 and February 1.
The reports should Include a description of the progress made by the CIty; a
status report on the Project Including specific Infonmatlon on other
preservation projects Implemented as a result of the Project and the terms and
conditions of leases signed for use of the market stalls; a complete financial
summary with respect to the Project; an update on fund raising for the Project;
and any other pertinent Infonmatlon.
B. A work completion report also shall be submitted to the National Trust
when the Project has been completed. The report shall Indicate In narrative and
pictorial (color slides and black and white photographs) fonn that all approved
work has been completed satisfactorIly, It also shall Include a statement
summarizing the benefits of the Project, lessons learned, future plans for the
site and the Main Street Program, a full accounting of preservation activity
resulting from the Project, a complete financial statement for the Project and
any other Infonmatlon requested by the National Trust.
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Page Four
8. FInancIal Statements. The City shall submIt to the National Trust current
fInancIal statements withIn ninety C9D) days of the end of each fiscal year
during the period of Fund financial assistance. This InformatIon should consist
of a balance sheet and an Income and expense statement. These statements
preferably should be audIted and certifIed by an Independent certified publIc
accountant.
9. Acknowledgement of Support. The Trust's loan commItment shall be
publIcized widely. Promotional materials and publications related to the
Project should contain an appropriate acknowledgment of the NatIonal Trust's
partIcipatIon using the following statement: "ThIs project has been
accomplIshed In part as a result of financIal assIstance from the National Trust
for HistorIc Preservation," A constructIon sIgn shall be displayed prominently
at the site acknowledgIng the National Trust's financIal assistance to the
Project,
ID. Nonassignablllty. This fInancial assIstance commItment Is Issued on the
condition that the NatIonal Trust's obligatIon hereunder shall In no event be
assignable wIthout its prior wrItten approval.
11. OrganizatIonal AuthorizatIons and Changes
A, The National Trust will require at the time of the disbursements of the
Loan a certIfication by the CIty that the borrowIng has been properly authorized
and that the appropriate officers of the City have been authorized to execute
the closing documents,
B, DurIng the tenm of the Loan, the CIty shall Immediately notIfy the
NatIonal Trust of any contemplated materIal change In Its organization such as,
but not lImited to, a change In management personnel, governing Instruments or
fInancial status.
Please evidence your acceptance of this commitment by duly executing the
orIginal of this letter In the IndIcated space below and returnIng It to the
National Trust to the attentIon of DIrector, FInancial Services. Your signature
should be attested by an officer of the corporation. FaIlure to accept wIthin
sixty CGD) days from the date hereof shall render thIs offer for financial
assistance null and void. The signed copy of thIs letter Is for your records.
If you have any questions concernIng thIs commitment, please feel free to
contact Ms. Lyn Howell MoriarIty, Program Officer,
The National Trust is pleased to offer this assIstance to the City of Paris Main
Street Project to help further Its preservation efforts,
SIncerely,
J. Jackson Walter
PresIdent
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Page Five
The foregoing financial assistance commitment Is accepted and agreed to this
13th day of April , 1987.
(Corporate Seal)
CITY OF PARIS
ATTEST:
Mattie Cunningham, City Clerk
By:
Billy Joe Burnett, Hayor
cc: SHPO
Regional and Field Offices
Anlce Read
Bill Parrish