East Bay Economic Development Alliance > Focus Area & Issues > ARRA Stimulus 2009-2010 > Stimulus - Recovery Zone Facility Bonds

 

Stimulus Recovery Zone Facility Bonds (RZFBs)

 

click here for a printable PDF of this information

Click here for a Alameda County Facility Bond Application PDF Form

Click here for a Alameda County Facility Bond Application Word 2003 Doc Form

The American Recovery and Reinvestment Act of 2009 (ARRA) authorized the issuance of a new type of tax-exempt private activity bonds called Recovery Zone Facility Bonds (RZFBs), that allow designated projects to be financed with lower borrowing costs, promote job creation and economic recovery in areas affected by employment decline.

Alameda County has been issued a volume cap allocation of $12,966,000 for Recovery Zone Facility Bonds and two cities in Alameda County have Facility Zone Allocation available: Hayward, $2,750,000; and Oakland, $7,581,000. 

 If this allocation is used up, there are re-allocated funds that it is possible to obtain from the State in July or August  - the bond team can assist in that application (see contacts below) and Alameda County can issue those bonds on behalf of businesses in the County, as well.

A recovery zone would need to be established in Contra Costa County and/or by the cities of Richmond and Concord who received allocation in order for projects to be submitted for Contra Costa projects, and projects would compete for remaining allocation from CDLAC

 

Applications for Alameda County allocation should be submitted before June 1, 2010

Bonds sold before 11/30/2010 and capital expenditures made before 1/1/2011

Recovery Zone Facility Bonds - Tax-Exempt Financing for capital expenditures for businesses with almost no use restrictions


Eligible Users:

Any trade or business, with the exception of residential rental, golf courses, country clubs, massage parlors, hot tub and suntan facilities, racetracks, facilities primarily used for gambling businesses or any store, the principal business of which is the sale of alcoholic beverages for off-premise consumption.

Eligible Uses:

Any depreciable property that:

    1.   The original use of the equipment or facility must occur within the recovery zone;

    2.   Was acquired after the date of designation of a recovery zone (Alameda County’s was January 10, 2010) and before January 1, 2011;

    3.   Substantially all of property must be used by a qualified business in the active conduct of its business; and

    4.   Existing property (facilities) are eligible for purchase, but not land purchase costs – but the land could be financed with equity or taxable bonds.

Tax-Exempt Financing Credit Requirements and Size Limitations

 

Because these bonds are sold with a bank Letter of Credit guarantee (“publicly” sold facility projects or very large equipment purchases) or smaller equipment only (“private” placement with the bond purchaser (like a leasing company), the business has to qualify for conventional bank financing (that are currently quite stringent) and projects have to be large enough to be feasible.

 

1.    Credit worthiness - The business must be able to meet the “current” credit requirements of a 
        financial institution or bond purchaser that typically are:

a.    Business has been profitable for the last 2-3 years;

b.    Existing cash flow is sufficient to accommodate the additional debt service; and

c.    Able to provide 25-30% equity on facilities and 10% for equipment.

 

2.    Project size - there is a cost effective minimum for bond sales:

a.    $2 million minimum for variable rate “public” placements with bank Letters of Credit
                    Minimum

b.    $1 million for fixed-rate, shorter-term equipment bonds that are “privately” sold); 

c.    Maximum – Alameda County and it's city allocation establish the
                   maximum in tax-exempt bonds currently available, though the County’s allocation
                   could be used to supplement a City’s allocation, and a taxable bond can be
             issued to cover additional project costs.  The re-allocation project maximum is $20 million
.

Tax-exempt Interest Rates and Financing Terms

The bonds are sold as weekly variable rate, long-term “public placements”, with a bank Letter of Credit (LOC) guarantee (facilities and equipment) or as fixed rate, shorter “private placements” bonds directly to bond purchaser (like a leasing company).

Buildings (land costs paid for with equity or covered with a taxable bond) with equipment - 25-35 year term, weekly variable rate bonds

  • Interest rates averaged 2.7% for the last 15 years! - Less than 1% for the last year
    • 4.2% APR  with 1.5% Bank Letter of Credit Guarantee
    • Small local, business friendly banks can provide the Letter of Credit (LOC) with & new Federal
          Home Loan Bank guarantees!
    • These tax-exempt bonds will have the same interest rates as IDBs
         
      Averaging less than 1% since Jan 2009, 2.72% over the last 15 years! Historical Chart
    • Interest savings offset closing costs of 2.5% to 3.5% within a year
  • Flexible Structure
    • Can be converted to fixed rate and back to variable
    • No restriction on ownership structure
    • Transferable - upon sale of building, bonds can be assumed provided new user is able to obtain a LOC
  • No prepayment penalty
    • Additional principal payments can be made without premium or penalty
  • Can be closed within 2-3 months - Must be closed by Nov 31, 2010
    • Equipment only projects – 7 to10 years, fixed rate (about 4.6%)

    Contact

    Walter Vennemeyer, Progressive Capital, 415.388-1535  procap@jps.net

    Keith Sutton, Business Development Director, East Bay EDA  510.272-3885 keith@eastbayeda.org