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112706 EDA AgP CITY OF SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, NOVEMBER 27,2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately Following Regular Council Meeting AGENDA 1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING A. Roll Call President Love Lizee Turgeon _ Callies Wellens B. Review Agenda 2. APPROVAL OF MINUTES A. EDA Minutes of September 11, 2006 (Att.- Minutes) 3. NEW BUSINESS A. Refinancing Bonds for Public Safety Facilities (Att. - Executive Director's memorandum) 4. ADJOURN CITY OF SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, SEPTEMBER 11,2006 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS Immediately Following Regular Council Meeting MINUTES 1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING President Love called the meeting to order at 7:53 P.M. Present: President Love; Boardmembers Callies, Executive Director Nielsen, Assistant Treasurer Wellens; Assistant Attorney DeVolve A. Roll Call Absent: None B. Review Agenda Without objection from the Board, President Love for the 2. APPROVAL OF MINUTES 4. of July 24, 2006, as A. EDA Minutes of July 24, Wellens moved, Turgeon seconded, presented. Motion passed 5/0. 3. NEW A. of Project Completion Wellens and Motion of $27,851.67 to the Excelsior Fire District with regard to the Use of Bond Proceeds. Approving the Verified Claims List. Motion passes 5/0. Turgeon moved, Meeting of September Adjourning the Shorewood Economic Development Authority at 7:57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, President ATTEST: Craig W. Dawson, Executive Director 1#2A I SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM TO: FROM: DATE: SUBJECT: Economic Development Authority Board Craig W. Dawson, Executive Director November 22,2006 Refinancing Bonds for Public Safety Facilities With a very favorable interest rate environment currently, there is a timely opportunity to refinance most or all of the bonds issued for the Public Safety facilities. Net savings compared to the current obligations would be $300,000+ for the fire facilities and more than $200,000 for the police facility. Anticipated interest rates would be one full percentage point lower than the existing issues. In the mechanics of the structure, existing bonds would be paid until their call dates in 2009 and 2010, and then the new bonds with the lower interest rates would replace the remaining years of the original bond issue. Under the terms of the various bond documents, leases, and subleases, five parties must agree to go ahead with the financing. Technically, they would need to agree to amendments to the terms of financing contained in the leases and subleases. . Excelsior Fire District (EFD), as sub-lessee and affected by the 2002A, 2002C, and 2003A issues, has approved a resolution giving preliminary authorization to the EDA to refinance subject to certain net savings be achieved at a minimum. . South Lake Minnetonka Police Department (SLMPD), as sub-lessee and affected by the 2002B and 2003B issues, has approved a resolution giving preliminary authorization to the EDA to refinance subject to certain net savings be achieved at a minimum. . The City of Deephaven, as lessee and affected by the 2002C issue, has approved a resolution giving preliminary authorization to the EDA to refinance subject to the net savings identified by the EFD being achieved, and that the sale occur by April 1, 2007. . The City of Shorewood, as lessee and affected by the 2002A, 2002B, 2003A, and 2003 issues, will have considered a resolution giving preliminary authorization to the EDA to refinance subject to the net savings identified by the EFD and SLMPD being achieved. Amount To Be Refinanced: Refinancing the 2002 issues would be approximately $8.2 million, while refinancing all of the bonds would be $10 million. The other parties have authorized the EDA to refinance either amount. Closing on the bonds would occur in 2007. $10 million is a key threshold. An entity may issue up to $10 million in a calendar year and have them "bank-qualified", which receives a more favorable tax treatment for bondholders. Above $10 million, they are no longer bank-qualified and will incur a higher interest rate for the issuer. This premium may vary based on the quality of the issuer and market conditions, but generally it adds .05% - .25% to the interest rate. Refinancing Bonds for Public Safety Facilities November 27,2006, EDA Meeting Page 2 For purposes of the Internal Revenue Service, the City of Shorewood is an issuer whether it is as the City or as the EDA. If the EDA were to refinance the entire $10 million, then any additional bonds issued by the City would not be bank-qualified. Staff does not foresee the need to issue any bonds for City purposes during 2007, and would recommend that the EDA issue the full $10 million. It is, of course, the Council's/EDA Board's decision whether it wishes to retain flexibility for the City and refinance only the 2002 issues (approximately $8.2 million). Method of Sale: There are two methods of sale: 1) A competitive bid, which is the process the City has used for the past two water revenue bonds. This process takes more time than a negotiated sale. 2) A negotiated sale, which is the process that was used for the 2002 and 2003 issues. This process is better suited to a transaction as complex as the one involving this refinancing, and can be fine-tuned to achieve the minimum net savings amounts from the refinancing. It results in more-certain interest rates and terms than what may be submitted based on market conditions on the bid date in a competitive sale. Staff and consultants would recommend a negotiated sale for the refinancing. Costs: With the exception of staff time, work in preparation of the refinancing would be done at no cost. No fees related to preparation and issuance would be paid unless and until the refinancing happens. If the market is not favorable, the refinancing would be postponed until favorable conditions returned and the minimum net savings would be achieved. Timeframe: Pricing for the refinancing could be secured in mid-December if all of the parties give their pre-authorization act in accordance with the one in the attached memorandum (dated November 9,2006). Once pricing is secured, each of the five parties will need to adopt resolutions authorizing the sale, and may require special meetings before the holidays. EDA Board Action: The Board should adopt the attached resolution setting the terms for authorizing the sale of bonds for refinancing of the Public Safety Facilities. Within the resolution, the Board must identify: a) To refinance the 2002A-C issues only, or the entirety of the 2002A-C and 2003A-B issues; and b) Whether the refinancing will be done by competitive bid or negotiated sale. ...... ...... --- ...... VI W o o 0'\ ,....,Zt"""'O ~ g. 1] ~ e. CIl ell Z i:>l >-r:1 ~ g. 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N \0 o "0 o o ,j::. r--.~1..J Vl _ W .Vl 0 Vl 0"0"0 000 000 '-' ~ - o "0 o o "0 o o ,-.., _ N N Vl o 0 '0 "0 o 0 o 0 '-' ~ ~ ::j' ~ ~ 7Jl f"> '"= ~ ~ ;; t=)& ., ~ e' .... ~ ~ Q .... !. ~ ~ ::j' ~ ~ 7Jl f"> '"= ~ ~ ;; ri- .., ~ e' N ~ \0 00 -.J o "0 o o ~ Q .... !. nCfj ""l 0 o ::: I:Jl _ I:Jl =- o ~ ~ ~ 6:~ -< .... S 5 ~ ~ ~ g ~~ j:l.. ::: S' g: ~ h' CfjCfj Q ~ .... ""'" = 1"0 ~. -< o "r.l I:Jl ~ n .... I-' .... q SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO ISSUANCE OF REFUNDING BONDS RELATED TO CERTAIN PUBLIC SAFETY FACILITIES BE IT RESOLVED By the Board of Commissioners ("Board") of the Shorewood Economic Development Authority (the "Authority") as follows: Section 1. Recitals; The West Side Fire Proiect. 1.01. The Excelsior Fire District ("District"), in conjunction with the City of Shorewood, Minnesota ("Shorewood") and the Authority financed a portion of the cost to construct a fire facility located in the City of Shorewood (the "West Fire Side Project"), through issuance by the Authority of its $3,865,000 Public Safety Fire Facility Lease Revenue Bonds, Series 2002A (City of Shorewood, Minnesota Lease Obligation) (the "Series 2002A Bonds"), pursuant to a Trust Indenture dated as of September 1, 2002 (the "West Side Indenture") between the Authority and U.S. Bank National Association, as trustee (the "Trustee"). 1.02. The District, in conjunction with Shorewood and the Authority, financed additional costs of the West Fire Side Project through issuance by the Authority of its $1,195,000 Public Safety Fire Facility Lease Revenue Bonds, Series 2003A (City of Shorewood, Minnesota Lease Obligation) (the "Series 2003A Bonds") pursuant to the West Side Indenture as modified by a First Supplemental Trust Indenture dated as of April 15,2003 (the "Supplemental Indenture"). 1.03. The District and the South Lake Minnetonka Police Department (the "Department") lease certain property to the Authority pursuant to the Ground Lease (West Side) dated as of September 1, 2002, as amended by a First Amendment to Ground Lease (West Side) dated as of April 15, 2003 (the "West Side Ground Lease"), and the Authority leases such property, together with the buildings, structures or improvements now or hereafter located thereon, to Shorewood pursuant to a Lease Purchase Agreement (West Side Fire Facilities) between the Authority and Shorewood dated as of September 1, 2002, as amended by a First Amendment to Fire Facility Lease-Purchase Agreement dated as of April 15, 2003 (the "West Side Fire Facility Lease"). 1.04. With the Authority's consent, Shorewood entered into a Sublease Purchase Agreement (West Side Fire Facilities) with the District dated as of September I, 2002 (the "West Side Fire Sublease"), under which the District undertakes Shorewood's obligations under the West Side Fire Facility Lease. 1.05. Pursuant to an Assignment and Security Agreement dated as of September 1, 2002, as amended by a First Supplemental Assignment and Security Agreement dated as of April 15, 2003 (the "West Side Assignment"), the Authority assigned to the Trustee all of the Authority's right, title and interest in and to the West Side Ground Lease, the West Side Fire Facility Lease, the West Side Fire Sublease, and the Lease Payments to be made by the District thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 2002A Bonds and the Series 2003A Bonds. 1.06. The outstanding principal amount of the Series 2002A Bonds is subject to optional redemption on February 1, 2009 and any date thereafter; and the outstanding principal amount of the Series 2003A Bonds is subject to optional redemption on February 1, 2010 and any date thereafter. Section 2. Recitals; The West Side Police Proiect. 2.01. The Department, in conjunction with Shorewood and the Authority, financed a portion of the cost to construct a police facility located in the City of Shorewood (the "West Side Police Project"), through issuance by the Authority of its $4,025,000 Public Safety Police Facility Lease Revenue Bonds, Series 2002B (City of Shorewood, Minnesota Lease Obligation) (the "Series 2002B Bonds"), all pursuant to a Trust Indenture dated as of September 1, 2002 (the "West Side Indenture") between the Authority and U.S. Bank National Association, as trustee (the "Trustee"). 2.02. The Department, in conjunction with Shorewood and the Authority, financed additional costs of the West Side Police Project through issuance by the Authority of its $1,220,000 Public Safety Police Facility Lease Revenue Bonds, Series 2003B (City of Shorewood, Minnesota Lease Obligation) (the "Series 2003B Bonds"), pursuant to the West Side Indenture as modified by a First Supplemental Trust Indenture dated as of April 15,2003 (the "Supplemental Indenture"). 2.03. The Department and the Excelsior Fire District ("District") lease certain property to the Authority pursuant to the Ground Lease (West Side) dated as of September 1, 2002, as amended by a First Amendment to Ground Lease (West Side) dated as of April 15,2003 (the "West Side Ground Lease"), and the Authority leases such property, together with the buildings, structures or improvements now or hereafter located thereon, to Shorewood pursuant to a Lease Purchase Agreement (West Side Police Facilities) between the Authority and Shorewood dated as of September 1, 2002, as amended by a First Amendment to Lease-Purchase Agreement dated as of April 15, 2003 (the "West Side Police Facility Lease"). 2.04. With the Authority's consent, Shorewood entered into a Sublease Purchase Agreement (West Side Police Facilities) with the Department dated as of September I, 2002 (the "West Side Police Sublease"), under which the Department undertakes Shorewood's obligations under the West Side Police Facility Lease. 2.05. Pursuant to an Assignment and Security Agreement dated as of September 1, 2002, as amended by a First Supplemental Assignment and Security Agreement dated as of April 15, 2003 (the "West Side Assignment"), the Authority assigned to the Trustee all of 2 the Authority's right, title and interest in and to the West Side Ground Lease, the West Side Police Facility Lease, the West Side Police Sublease, and the Lease Payments to be made by the Department thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 2002B Bonds and the Series 2003B Bonds. 2.06. The outstanding principal amount of the Series 2002B Bonds is subject to optional redemption on February 1, 2009 and any date thereafter; and the outstanding principal amount of the Series 2003B Bonds is subject to optional redemption on February 1,2010 and any date thereafter. Section 3. Recitals; The East Side Fire Proiect. 3.01. The District, in conjunction with the City of Deephaven ("Deephaven") and the Authority, financed the costs to construct a fire facility located in the City of Deephaven (the "East Side Fire Project"), through issuance by the Authority of its $2,060,000 Public Safety Fire Facility Lease Revenue Bonds, Series 2002C (City of Shorewood, Minnesota Lease Obligation) (the "Series 2002C Bonds"), pursuant to a Trust Indenture dated as of September 1,2002 between the Authority and the Trustee (the "East Side Indenture"). 3.02. The District leases certain property from Deephaven pursuant to the Ground Lease (East Side) dated as of September 1, 2002 (the "East Side Ground Lease"), and the District in turn subleases that property to the Authority pursuant to the Sub ground Lease (East Side) dated as of September 1, 2002 (the "East Side Subground Lease"); and the Authority leases such property, together with the buildings, structures or improvements now or hereafter located thereon, to Deephaven pursuant to a Lease Purchase Agreement (East Side) between the Authority and Deephaven, dated as of September 1,2002 (the "East Side Fire Facility Lease"). 3.03. With the Authority's consent, Deephaven entered into a Sublease Purchase Agreement (East Side) with the District dated as of September 1, 2002 (the "East Side Sublease"), under which the District undertakes Deephaven's obligations under the East Side Fire Facility Lease. 3.04. Pursuant to an Assignment and Security Agreement dated as of September 1, 2002 (the "East Side Assignment"), the Authority assigned to the Trustee all of the Authority's right, title and interest in and to the East Side Ground Lease, the East Side Subground Lease, the East Side Fire Facility Lease, the East Side Sublease, and the Lease Payments to be made by the District thereunder (other than certain rights to indemnification and payment of expenses) as security for the Series 2002C Bonds. 3.05. The outstanding principal amount of the Series 2002C Bonds is subject to optional redemption on February 1,2009 and any date thereafter. 3 Section 4. Refunding Authorized. 4.01. In order to realize debt service savings, the District and the Department have proposed that the Authority issue one or more series of advance refunding bonds in order to refund all or a portion of the Series 2002A Bonds, Series 2002B Bonds, Series 2002C Bonds (together, the "Series 2002 Bonds") and Series 2003A Bonds and Series 2003B Bonds (together, the "Series 2003 Bonds"). 4.02. The Authority authorizes and requests, Shorewood, Deephaven, the District and the Department and their consultants to take all steps necessary to issue advance refunding bonds to refund the Series 2002 Bonds and the Series 2003 Bonds, subject only to the following terms and conditions: (a) The Authority and Shorewood may determine in their joint discretion whether to refund all the Series 2002 Bonds and Series 2003 Bonds ("Scenario 2"), or only the Series 2002 Bonds ("Scenario 1 "), based on Shorewood's determination regarding the total amount of bonds expected to be issued in calendar year 2007 and Shorewood's desire to issue bonds on a "bank qualified basis" under Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. (b) The Authority, in consultation with its financial advisor, may issue refunding bonds on a negotiated or competitive basis, as they determine to be in the best interest of the District and the Department. (c) Authority staff and consultants are authorized to take all actions necessary to sell refunding bonds under either Scenario 1 or Scenario 2, in consultation with Shorewood, and to bring before this Board for approval the final terms of sale and all related documents, provided that the Board will authorize bids or enter into a bond purchase agreement for each series of bonds only if the refunding bonds meet the following parameters: Minimum Net Debt Service Savings* Scenario 1: Fire Facilities (East and West) Combined savings for Series 2002A and 2002C $299,557 Police Facilities Savings for Series 2002B $213,316 Scenario 2: 4 Fire Facilities (East and West) Combined savings for Series 2002A, 2003A and 2002C $328,573 Police Facilities Combined savings for Series 2002B and Series 2003B $242,672 *Debt service savings are net of any savings related to defeasance of a portion of Series 2002C with unspent proceeds. Insert the following if Deephaven City Council does not act on November 20: (d) The approval with respect to refunding the bonds issued for the West Side Fire Project and the East Side Fire Project (i.e., Series 2002A, Series 2002C and Series 2003A) is conditioned upon approval of such refunding by Deephaven under terms substantially similar to those set forth in this resolution. Approved by the Board of Commissioners of the Shorewood Economic Development Authority this 27th day of November, 2006. SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY President ATTEST: Secretary 5 SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM TO: Excelsior Fire District Board South Lake Minnetonka Police Department Coordinating Committee Deephaven City Council Shorewood City Council Shorewood Economic Development Authority Board FROM: DATE: RE: Craig W. Dawson, Executive Director November 9, 2006 Potential Refinancing of Bonds for Public Safety Facilities The EDA has brought the possibility of refunding the bonds issued for the Excelsior Fire District stations and the South Lake Minnetonka Police station. The intent is to secure lower interest rates after the 2009 call date on the 2002 issues, and possibly the 2010 call date on the 2003 issues as well. As has been the case throughout this project, the EDA will take action regarding financing only on the authorization of the EFD and SLMPD governing boards, and will do so to the extent that it does not adversely affect the EDA/City of Shorewood. Below is the process to be followed. September 27 EFD Board discussed the matter; gave preliminary go-ahead October 18 SLMPD Coordinating Committee discussed the matter; gave preliminary go-ahead Interim Staff/consultants develop parameters that must exist in order for the sale to proceed, for EFD and SLMPD, to consider and approve/modify. These parameters would also need to be approved by the city councils of Deephaven and Shorewood, but would agree with EFD and SLMPD. November 15 EFD and SLMPD boards review parameters and approve/modify them, and make their decisions about whether to request and authorize the EDA to adopt a resolution to proceed with the sale. The EFD and SLMPD decision to proceed would be made in a preliminary authorizing resolution, in which the parameters for the sale - the specific minimum net savings and present value thresholds to that must be attained. The resolution will include a proposal to direct the Executive Director of the EDA to execute the Bond Purchase Agreement with Northland Securities upon attaining the savings goals. In the absence of such a provision, the EFD and SLMPD Boards, the Deephaven and Shorewood city councils, and the EDA Board would need to meet on very short notice to authorize the sale Potential Refinancing of Bonds for Public Safety Facilities November 9,2006 Page 2 If a decision is not made on November 15, then a subsequent meeting(s) would be scheduled and final go/no-go decision made. Other subsequent actions (assuming EFD and SLMPD boards approve on November 15): November 20 Deephaven City Council adopts resolution to agree to make amendments to pertinent leases and subleases as related to financing November 27 Shorewood City Council adopts resolution to agree to make amendments to pertinent leases and subleases as related to financing November 27 Shorewood EDA adopts Resolution setting terms for authorization of sale of bonds If the refinancing is a negotiated sale, as was the original financing: Week of December 11 - Pricing secured By December 20 - Special meetings for final approvals ofEFD, SLMPD, Deephaven, Shorewood, and EDA January 2007 - Closing on the bonds Ifthe refinancing is done by a competitive sale: January 2007 (at earliest) - bids received Subsequent: Special meetings for final approvals ofEFD, SLMPD, Deephaven, Shorewood, and EDA Closing on the bonds Approval by each city council is not required for the refinancing to proceed. Caveat: If all of the bond issues (three in 2002 and two in 2003) are refinanced, the anticipated refinancing would total $10 million. In order for bonds to be "bank -qualified", and hence have better interest rates, an issue must reasonably expect not to issue more than $10 million in a calendar year. The issuer of the bonds technically is considered to be the City of Shorewood, through its EDA. If the sale occurred in 2006, only the 2002 issues could be refinanced as Shorewood has issued $1.5 million in 2006. If the full amount were refinanced in 2007, then any other bonds issued by Shorewood in 2007 would not be bank-qualified. Consequently, it would be prudent to plan only to refinance the 2002 issues. NORTHLAND SECURITIES 45 South ill Street Suite 2500 Minneapolis, MN 55402 (800) 851-2920 (612) 851-5900 Fax (612) 851-5918 E X T ERN A L M E M 0 RAN DUM DATE: November 2,2006 TO: Mr. Craig Dawson, Executive Director Ms. Bonnie Burton, Finance Director City of Shorewood EDA FROM: Paul R. Donna Northland Securities RE: Refunding Feasibility Summary - South Lake Minnetonka Public Safety Facilities The unique relationship among long term and short term interest rates we are currently experiencing coupled with a probable credit rating on new refunding bonds provides an opportunity to refinance the Excelsior Fire District Bonds and the South Lake Minnetonka Police Station Bonds for significant interest cost savings. The series of bonds considered for refunding include the following: Refunded Bonds: Issue(s): Scenario 1 Lease Revenue Bonds, Series 2002A Lease Revenue Bonds, Series 2002B Lease Revenue Bonds, Series 2002C Scenario 2 Lease Revenue Bonds, Series 2002A Lease Revenue Bonds, Series 2002B Lease Revenue Bonds, Series 2002C Lease Revenue Bonds, Series 2003A Lease Revenue Bonds, Series 2003B I I !2/2006 N()I~TI It \ND SECURITIES, INC'. P!:BI.IC FINANe'F SOUTH Issuer: City of Shorewood Economic Development Authority, Minnesota The Bonds are limited obligations secured by the obligation of the City of Shorewood to make rental payments pursuant to a lease agreement. The City Shorewood collects sublease payments from the member cities of the Fire District and Police Department. Security: Call Date: Series 2002A - February 1, 2009 Series 2002B - February 1, 2009 Series 2002C - February 1, 2009 Series 2003A - February 1, 2010 Series 2003B - February 1, 2010 The old bonds would be refinanced via a "crossover advance refunding" whereby the proceeds from the new issues are escrowed to the respective call dates at which time the escrow matures and pays off the principal balance of the existing bonds to be called. The escrow is invested in a portfolio of U.S. Government Bonds and verified by a qualified certified public accounting firm. A crossover advance refunding allows the issuer to lock in current borrowing rates and eliminate future market exposure. Par Amount Refunded Net Financing Costs Funds on Hand Total New Issue A vg. Rate Old Ave. New Rate Net Savings P.V. Savings Net P.V. Benefit* ./\vg, Annual Negative Arbitrage Savin s Structure 5UrvUvlARY ()FREFUNDINC 51'A115T1C5 Scenario 1 Scenario 2 Fire Police Total Fire Police Total $4,825,000 $3,275,000 $8,100,000 $5,710,000 $4,180,000 $9,890,000 125,000 95,000 220,000 140,000 110,000 250,000 (140,000) (140,000) (140,000) (140,000) $4,810,000 $3,370,000 $8,180,000 $5,710,000 $4,290,000 $10,000,000 5.47% 5.47% 5.47% 5.47-5.05% 5.47-5.06% 5.47-5.06% 4.12% 4.12% 4.12% 4.12% 4.12% 4.12% $ 37'1,769 $ 206,462 S 581,231 S 416,8.19 S 246,771 $ 663,620 $ 217,395 $ 144,793 $ 362,188 $ 245,576 $ 170,502 $ 416,078 4.45';~l! 4.711;\-, 4,46';'0 4SI':;, 4.29'\. S3671 'I S14,828 $51,542 S 17 $13 $.57:395 Level Level Level Level Level Level * For a general obligation crossover refunding, the State of Minnesota requires the Net Present Value benefit to equal 3% or more. Dividing the present value of the savings by the present value of the refunded debt service derives the calculation. The discount rate is equal to the yield on the new refunding bonds. Although this refunding is not a general obligation bond, the 3% threshold savings test is benchmark most issuer's use for advance refunding. A Net Present Value Benefit of 3.00% would equate to approximately $412,000 of total net savings for Scenario 1 and approximately $493,000 of total net savings for Scenario 2. I 1/2/2006 N(WIIII As of October 26, 2006, the Bond Buyers Index (BBI) is back at 4.30%. The BBI is a national index of 20 General Obligation Bond Yields with a 20-year maturity, rated AA2 by Moody's Investors Service. Over the last 40 years, this yield has only been lower for brief periods of time in 2005 and in September 2006. In addition, short-term treasury rates are now relatively high compared to long-term rates resulting in a "flattening" of the yield curve. This combined effect has had a very positive result on all financings but particularly advance refunding's because the spread mitigates negative arbitrage. Please note the BBI graph is only provided to illustrate the trend of tax - exempt interest rates and is not an indication of interest rates for this particular financing. Refunding bonds for the Public Safety Facilities have credit and term characteristics different than those bonds included in the BBL As indicated in the table above, we would expect the average interest rate on the refunding bonds to be less than that of the BBL The graphic of the BBI Index is illustrated on the next page. GRAB BBWK20GO Index GY I~Y 260CT06 16: 38 4,30 % M ir;] lI!!Ii n e for P81'iodHl. LJeeklid I'lO'cl i ng Aver'Cllles _QI:J [lJppel' ChaTt: .,- 1.--- ..... ... -.-. -. ... .a.-. . · I - ..:.. .... . .: iII'l:! IIt'~'--.'I."'. _11:1 4.70 .--.. ..... I 11 II. ..11- _ . .-. I .50 .:..=.. -. II.. .-..1 .--. .11 -... .- - - . II .. "J II . - -. ..... ... . M . 1-,. .- · -.. .-. ~.... ..' , . - .., II ~. - : - .' "'._ III . ___ ~:. .;._ .- - .111.. "__. · - ..~. . . ~I ! I - -. .. .. - I_ II II pi .. .'". · :. J .r. BI'II riI ':1 l. I. - · =' · II l1li; - -. ... .-1 ,1_ -.I,. . 1.1 .. _-,1.1 .=. · .uu ~ -111'.... II IC .:-. .. III ..1'.-. ,. T idpe II rli d IIi ne ,00 .30 .20 Aust:t-all<1 61. 2 9777 8600 8roaz 11 5511 3049 4500 E~lrope 44 20 7330 ?500 Gerl'iloilY 49 69 920410 Hon~ Kon'l B52 2977 bOOO J~p~n 81 33201 8900 Si~~~po..~ b56212 1000 U.S. 1 212318 2000 CGI,y..i~i'\; 200b 81oor,\I'."~ L_P. H143-1169-1 01-Nov-06 11.19'56 'JI lIIIIu sPll!'l~ Oc1: No'V [:lee In,HI Ft;!b M.3r ~'" r MI!III. un 2005 II 200 e ul A.I"III. sm. Oct M-. un I I !2!2006 NORfHLAND SECURITIES, INC. PUBL.IC FINANCE Method of Sale The EDA has the option of issuing the refunding bonds via a competitive public sale or a negotiated public sale. There are advantages and disadvantages to either method. We recommend the negotiated method of sale for this refunding specifically because of the flexibility it allows the EDA in terms of market timing of the sale and the ability to make changes to the structure of the refunding should they be necessary in order to enhance the net debt service savings. In a negotiated public sale we believe the advantages are as follows: . Flexibility - The structure of the issue or timing of the sale can be adjusted as necessary to respond to changing market conditions. Hence, the issue can be modified to meet changing investor needs while attaining the goals of the EDA. It is important that we receive a favorable interest rate on the debt while also receiving a favorable interest on the investments in the escrow fund to payoff the debt. Market flexibility will allow the EDA to maximize both sides of the market. . Pre-Sale of the Bonds - A greater incentive exists for the underwriter (Northland) to engage in pre-sale marketing activities to assess investor interest in an issue, as well as demand for certain structures or maturities. Pre-selling of the bonds creates competition amongst the investors, which enhances the EDA's position resulting in aggressive or low interest rates. . Net Savings Threshold - The negotiated process allows for the establishment of minimum savings threshold for the refunding which will provide guidance for staff and Northland when effecting the transaction. (1) What is our exposure or risk? - Aside from the staff and elected officials time, we believe there is no monetary risk should the proposed refunding be canceled for any reason. There are essentially three parties to a refunding transaction that will have time and resources committed prior to closing - Northland Securities, Kennedy & Graven (Bond Attorney) and the rating agency Moody's Investors Service. Northland Securities and Kennedy & Graven will only be compensated upon the successful closing of the financing. Moody's Investors Service will bill the EDA upon the acceptance of the rating. We can manage the rating process to avoid financial exposure. (2) What happens if interest rates for the escrow account are lower than projected? - Based upon current market conditions, we expect the yield on investments in the escrow to be equal to the permitted yield of the escrow. The permitted yield of the escrow is the actual yield on the new refunding bonds. To the extent the actual yield in the escrow is lower, it could negatively affect the economic benefit of the refunding. However, their is no future interest rate risk because the escrow is priced at the same time the bonds are priced and upon successful consideration by the EDA, the interest rates are locked in for the entire term of the escrow. Additionally, an independent certified public accountant will provide a verification report essentially opining upon the sufficiency of the escrow. 11/2/2006 NcmTlTL:\NI) SECUfUIlE:S, INC. PUBLIC FINANCE