legal financing

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NATIONAL AMERICAN INDIAN HOUSING COUNCIL LEGAL SYMPOSIUM Las Vegas, NV December 10-12, 2009 Leveraging Indian Housing Block Grants: Two Successful Case Studies Brian L. Pierson Godfrey & Kahn, S.C. 780 N. Water St. Milwaukee, WI 53202 414 287 9456 bpierson@gklaw.com KIISHKIMAAN • Lac du Flambeau Reservation, Wisconsin • 24 Units of Elder Housing, located next to Wellness Center and new clinic • Developer: Lac du Flambeau Chippewa Housing Authority (CHA) • Managing Member and Property Manager: CHA Kiishkimaan • Construction begun June 2008 • Completion January 2009 Kiishkimaan • Sources of Financing: – $771,600 USDA Section 515 Loan – $500,000 Subordinated mortgage loan from CHA at Applicable Federal Rate – $300,000 Federal Home Loan Bank (Proceeds loaned by CHA at Applicable Federal Rate) Kiishkimaan • Sources of Financing (cont.) – $44,286 CHA Deferred Developer Fee – $287,730 CHA capital contribution – $2,074,008 Tax Credit Equity $3,977,624 TOTAL PROJECT COST Kiishkimaan • CHA’S DEVELOPER FEE: $518,000 • DEFERRED PORTION $44,286 • NON-DEFERRED DEVELOPER FEE: $474,000 Kiishkimaan • CHA’S NET INVESTMENT – $287,730 Capital Contribution – $500,000 Loan – $787,730 – ($474,000) Undeferred Developer Fee – $313,730 Investment ( Increased by portion of developer fee used to pay consultant, accounting, legal and other expenses that can’t be financed.) Red Cliff Housing Development Phase I, LLC • 24 Single Family Homes with Purchase Option After 15 Years • Red Cliff Chippewa Reservation, Wisconsin • Developer: Red Cliff Chippewa Housing Authority (RCCHA) • Managing Member: RCCHA • Property Manager: RCCHA RCCHA • Sources of Financing – $750,000 Section 184 Loans (14 homes) – $541,372 HOME Funds (10 homes) – $200,000 Federal Home Loan Bank AHP RCCHA • Sources of Financing (cont.) – $330,502 Loan From RCCHA – $480,000 Loan from RCCHA (for purchase of Leaseholds; no cash outlay) – $3,700,000 Tax Credit Equity $6,000,000 Total Development Cost RCCHA • RCCHA’s Total Investment: – $330,000 – ($766,000) – Net: $436,000 – Significant portion goes to pay consulting, accounting, legal and other expenses that can’t be financed. Anything left over is real profit.

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