Loading...
HomeMy WebLinkAbout06/04/1996, 8 - PERFORMING ARTS CENTER SUPPLEMENTAL FUNDING 9 - Council Agenda Report - Performing Arts Center Supplemental Funding Page 2 The remaining items to be funded are placed in priority order in Exhibit A. With the exception of the acoustical clouds (which are under design but will not be ready for installation until January of 1997), the items listed should be in place for the center to open. This places a high priority on identifying supplemental funding sources that can be put in place very quickly. As noted in Exhibit A, one bright spot in funding the remaining equipment and furnishings is the donation by JBL in the amount of$1.0 million for the audio equipment. While $500,000 of this is assured in the form of a deeply discounted purchase price, the balance of the donation ($500,000) is dependent upon the installation of the acoustical clouds. This is due to JBL's desire to only be associated with the finest acoustical environment, which has been a project goal from the beginning. Funding Efforts To-Date As the Council is aware, representatives from the City, Cal Poly and the Foundation recently approached the State for loan assistance in funding the remaining costs. While this effort was not successful, it did have one positive outcome: in response to a newspaper article discussing the center's financial difficulties and the dim prospects of assistance from the State, Heritage Oaks Bank approached the Performing Arts Center Commission (the center's governing body composed of representatives from the City, Cal Poly and the Foundation) with an unsolicited offer of a loan in the amount of$1.0 million. While this will not fully fund all of the remaining items which should go forward at this time, it significantly reduces the shortfall to $298,900. If this remaining balance can not be raised, the priority ranking in Exhibit A shows those items that will have to remain incomplete when the center opens. Loan Terms Based on initial discussions with Heritage Oaks Bank, the following outlines the likely terms under which this loan would be made: ■ Term 10 years ■ Interest rate 5.5% (reflects tax-free, municipal rate) ■ Payment schedule Interest only payments for the first . two years; fully amortized payments for the next eight years. While the intent is to repay the loan as soon as possible, this schedule allows the center to be fully operational before making larger debt service payments. A detailed debt service schedule is provided in Exhibit B. ■ Borrower City of San Luis Obispo ■ Structure Lease-purchase agreement ■ Repayment sources Fund raisers, corporate donations, ticket surcharge. Ultimately,however,the City as the borrower is responsible for ensuring that payments are made. Council Agenda Report - Performing Arts Center Supplemental Funding Page 3 With the exception of the tax-exempt interest rate, these terms are very similar to those discussed previously with the State. Why does the City have to take-on this liability - why cant the other partners? As discussed above, funding through the State was the first option pursued in seeking supplemental funding for the completion of the center; the State Department of Finance has made it very clear that they will not support additional resources for this project. Our other partner in this project - the Foundation for the Performing Arts Center - is not eligible for the funding terms offered by Heritage Oaks Bank, and through their contribution of $7.6 million to this project to-date, they are have fully.exhausted the resources available to them at this time. In short, the City is the only viable entity at this point to serve as the lending conduit to the Performing Arts Center Commission. What happens if the City does not serve as the funding conduit for this loan? Given that the other two partners have fully exhausted the resources available to them at this time, there are only two options remaining if the City does not serve as the funding conduit for this loan: ■ Defer the opening of the center until other financing options can be developed and put in place. ■ Open the center without the necessary compliment of equipment, much of which is essential for the proper functioning of the center and for successfully presenting performances. The consequences of these two options are discussed under Alternatives below. Next Steps Before proceeding further with this concept, Council authorization to enter into formal negotiations with the Heritage Oaks Bank is recommended. Further, an agreement needs to be reached with the other partners in this project via the Commission guaranteeing the use of outside funding sources in making these payments. As discussed in greater detail below under Fiscal Impact, it is the staffs intent in negotiating the loan and reimbursement agreements to limit the City's role to solely that of a cost-effective conduit for the supplemental funding needed to complete this project; not to obligate the General Fund for any of the debt service payments. This will require negotiating a reimbursement agreement with the Performing Arts Center Commission that appropriately protects the General Fund. The City will be represented by the City Attorney and the Director of Finance in these negotiations. It is our understanding that our partners will be represented by: Bill Boldt and Frank Lebens from Cal Poly; Greg Hind, Myra Heslop, and Jim Knecht from the Foundation; and Ron Regier, Managing Director of the Performing Arts Center Commission. 8� Council Agenda Report - Performing Arts Center Supplemental Funding Page 4 If this approach is conceptually approved by the Council at this time, we would not expect to return to the Council with final documents with Heritage Oaks Bank and the Commission until the first meeting in July at the earliest. Agreements with both of these organizations will be brought forward for Council consideration at the same time to ensure that all issues are fully addressed concurrently. CONCURRENCES The City's two partners in this project - Cal Poly and the Foundation for the Performing Arts Center - support this approach and concur with this recommendation. FISCAL EMPACr There is no direct fiscal impact associated with this action as there is no intent to use City funds in repaying this loan. Nonetheless, it is important to stress that the City is the formal borrower of this loan, and accordingly, we will be ultimately responsible for payment if other sources are not available. As discussed above, it is only because the City is willing to accept this credit liability that Heritage Oaks Bank is willing to offer this loan under such favorable terms. As reflected in Exhibit B, the annual debt service costs for this will be $55,000 for the first two years, and range from $115,000 to $189,900 annually thereafter. While it is hoped that fund raisers and corporate contributions will be sufficient in meeting any debt service requirements, the back-up position of imposing a ticket "surcharge" to fund this cost has been conceptually agreed upon by the Performing Arts Center Commission. While more work needs to be.done in comprehensively analyzing the feasibility of this funding source, an initial review indicates that this is a viable approach. Before returning to Council with an agreement for your approval, we will fully evaluate pro formas on the fiscal operations of the center, and the impact of this encumbrance on the center's ability to cover its costs. This is especially important as the City is responsible for 50% of any operating deficits. In short, there are a number of questions about how this cost will be recovered from the operation of the center, and these will be fully answered before this matter returns for your final approval. It is important to underscore the critical role that the reimbursement agreement plays in making the loan with Heritage Oaks Bank a viable option for the City. In protecting the fiscal health of the General Fund, which serves as the primary financial base for the City's core services and programs, staff will not subsequently return to the Council with either a loan agreement with Heritage Oaks Bank or a reimbursement agreement with the Performing Arts Center Commission unless the CAO, City Attorney and Director of Finance are confident that the reimbursement agreement includes prudent terms and conditions that will reasonably protect the General Fund from vulnerability. In summary, we believe that the reimbursement agreement with the Performing Arts Center Commission can be crafted in such a manner that the General Fund will be insulated from the fiscal impacts of this loan; however, it must be understood that ultimately the City is responsible Council Agenda Report - Performing Arts Center Supplemental Funding Page 5 for the repayment of this loan. While we believe that the likelihood of this occurring is remote, it is nonetheless possible. Accordingly, if we are not prepared to take on some risk - at a reasonable level - that we may have to pay some or all of this supplemental cost, then we should not proceed with this approach. ALTERNATIVES Unfortunately, there are few if any viable alternatives to the recommended funding approach if the center is to open on time as a fully functioning concert hall. Any delays in the opening are especially troublesome as this is the only way that the center can begin to earn the revenues necessary to offset its fixed operating costs. Additionally, further fund-raising efforts are far more likely to be successful if the facility is open and operating at its fullest potential. And lastly, we have been very successful to date in marketing the center: over 120 dates have already been booked. It would be extremely unfortunate if we had to cancel events due to a delay in the opening date. In short, while it would certainly be preferable not to take on this obligation, we believe it is the best option available to us at this time in ensuring a smooth opening and a financially successful operation. EXHIBITS A. Summary of performing arts center cost to completion B. Tentative debt schedule to maturity C. Foundation newsletter discussing need for equipment funds to open the center Exhibit A SUMMARY OF PERFORMING ARTS CENTER COMPLETION COSTS As of Afty 29 1996 Funding Source Estimated PAC Direct City To be Cost Foundation Donations Loan I Determined ll�t�.S�pi : Antique ceiling - cleaning&storage 1 15,000 j 15,0001 Equipment racks 19,9001 19,9001 Stage lighting 1 116,0001 116,000 Assisted listening system 10,000 10,000 i Benches 30,000 23,000 7,0001 Baseboard throughout building 20,000 20,0001 Construction contingency 90,000 90,0001 Group 1I equipment supplement 60,000 60,0001 Audio equipment - main hall * 1,000,000 1,000,000 1 Audio equipment installation 200,0001 200,000 Acoustical clouds** 600,000 600,000 Intercom equipment&installation 40,000 25,000 15,000 Handrails at third balcony 40,000 31,100 8,900 Stage equipment 60,000 6,100 53,900 Lobby speaker system 12,000 12,000 Philips equipment 200,000 200,000 Phillps equipment installation 75,000 75,000 Performance pavilion - sprung floor 60,000 10,000 50,000 Perf pavilion - lighting infrastructure 75,000 75,000 Perf pavilion - seating&wagons 33,000 33,000 Intercom - wireless option 10,000 10,000 Furnishings - founder's lounge 19,000 19,000 Dove recital hall lighting control 15,000 15,000 Office&other furnishings 10,000 10,000 Total 2,809,900 260,000 1,251,000 1,000,000 298,900 csr> It.. Stage equipment 65,000 65,000 Dressing room furnishings 32,000 32,000 Green room furnishings 25,000 25,000 Antique ceiling installation 150,000 150,000 Choral risers 15,000 15,000 Sina a 140,000 140-000 TOTAL 3,236,900 260,000 1,251,000 1,000,000 725,900 * This equipment(valued at$1.0 million)will be offered by Harmon/JBL at a deep discount of$500,000. Depending on a number of factors,including the installation of acoustical clouds,this may be expanded to include the entire system. ** These are currently under design and will not be ready for installation until January of 1997; however,the donation of audio equipment from JBL noted above is dependent upon the acoustical clouds. HTACCOSIS O -4 Exhibit Performing Arts Center Supplemental Funding TENTATIVE DEBT SERVICE SCHEDULE Annual Debt Service Payments Through Maturity Principal Debt Service Payment Date Outstanding* Interest j Prinicpal ! TOTAL July 15 1997 $1,000,000 $55,000 $0 $55,0001 1998 1,000,000 55,000 0 55,000 1999 940,000 55,000 60,0001 115,000 . 2000 860,000 51,700 80,000 131,700 2001 760,000 47,300 100,000 147,3001 2002 640,000 41,8001 120,000 161,800 2003 500,0001 35,200 140,000 ' 175,200 2004 1 340,000 27,500 160,000 187,500 : 2005 180,000 18,700 160,000 178,700 2006 0 M-00 180,000 189,900 TOTAL 7 $397,1001 $1,000,000 $1,397,100 " After scheduled loan payment Key Assumptions • Loan funding date of July 15, 1996 • Interest Rate of 5.5%per annum • Annual payments (minimal impact on annual costs if periodic payments are made quarterly) • Ten year term • No principal payments for the first two years • Prinicpal payments begin at$60,000 in July of 1999 • Principal amounts generally increase by$20,000 each year thereafter HTACDEBT Y-7 - Ext FOUNDATION FOR THE PERFORMING ARTS CENTER A newsletter of the Foundation for the Performing Arts Center and the Performing Arts Center. May 1996 Equipment Funds Needed to Open Center Funds needed to purchase and install crucial acoustical equipment Although construction on the Performing The Center Corps, FPAC's major gifts Arts Center is nearly finished, funds are still committee, has been working to secure gifts to needed to purchase and install equipment help meet the funding needs for the Center. and furnishings.These items are needed to Many current donors have been asked to ensure that the Center can open its doors in upgrade their previous contributions by making time for the first performance of the Grand additional pledges,and individuals and Opening Festival on September 27 businesses that have not previously made commitments are being asked to contribute. In In 1993,when the bids for the Performing addition, corporations that manufacture Arts Center were received, some equipment equipment meeting the audio/visual needs of the items were removed from the construction Center,have been approached to provide in-kind budget in order to bring the project closer to contributions of equipment. the original budgeted amount. Many of the items are essential— the audio-visual Donors contributing more than$2,500 will be package, stage lighting equipment, recognized on the permanent plaques in the furnishings for the Center and other items Center. In addition, they will receive priority such as the sprung wood floor in the notice about performances and events during the rehearsal pavilion. Funds for these items are Grand now needed in order to purchase, test and Opening install them during the summer months. Festival. If you would like to •` "We have to thank all Che wonderful - teceive more community members who have contributed information to help construction the Center, but now we about gifts at ^4-„ t _ - must ask everyone to consider helping us the Second -" make the Center operational," said Greg Wave and '+ Hind, FPAC President One of the most above levels, important needs is that of a quality audio please call the system and for acoustical clouds for the main FPAC office at R hall. "With the amount of effort, time and 541-5401. money that has been put into ensuring that = the acoustical qualities of the Center are of " the highest quality, we must provide a superb The contractor is currently put*„-,mig the finishing touches on �” q ty p p the Main Hall in the Perfor7i'ing Arts Center.Seating and audio system," he added. other equipment will.b'_'installed during the summer. O �� Recent Gifts Boost Equipment Fund Since the last newsletter, a number of gifts have been made toward the Center's equipment fund from both new donors and contributors who made additional commitments. Founders Gifford W. Chapman and Gene A.Shidler Patrons Warren and Carly Baker Anne Sinsheimer Sponsors In Memory of Margaret V. Knecht Daniel and Mary Ellen Lewis In Memory of June Adelaide Scruggs Jack W. and Margaret E. Brockhouse second wave Karl and Lillian Bareither Dr. Patricia A. Brenner James H. Knecht Roxy Peck Colonel and Mrs. Alphonso A.Topp Donna Winingham, M.D. New Members of - Center Circle�- Gold Circle M. Richard and Joyce Andrews Since the last newsletter,32 Morgan Hagg and Betty Ross contributors have joined The Art Rosen Center Cirde.In addition, D.C. "Smitty" and Althea Schmidt more than 40 generous Martha J. Steward contributors became "Friends of the Center"with their donation to operations Silver Circle or construction. Warren and Dantza Anderson Judith Chumlea-Cohan Alice Parks Nelson FPAC donors at the Center Fred and Shannon Bond Carol and Dave Dickey Larry Ratner,Ph.D. Circle and Second Wave and Ur.and Mrs. Stanton Bower Valerie and Leland Endres Rocky Mountain Chocolate above levels will receive early Bfl'tish Connection Antiques Galaxy Framers/Wilda Rosene Factory of SLO notice about tickets and Meme Butler Helen and Gene Graves Daniel R. &Peggy L.Rudnick Family events for the Grand Roger arrd Shirley Camp Dave and Sharon Juhnke Walter and Leora Schroeder Opening Festival. Martha H. .Capurso Walt and Virginia Levy The Sign Place/Karen Adams Clifford W.Chapman&vC�9 q Shidler Kathryn Marcum J. Barron and Doris E.Wiley If you would like Cadyn Christianson and Walter rtiillarHelen K. Mott Susan Young and Harold Yokela information about The Audrey Mertz,M.D. Center Circle,please call the FPAC office at (805)541.5401.