5.12. & 5.13. SR 12-18-1995ITEM 5.12 .
ity of MEMORANDUM
lk TO: Mayor & City Council
River
FROM: William Rubin, ED Coordinatop
DATE: December 18, 1995
SUBJECT: A: Modification to Resolution 95 -32
AND 5.13.
(TIF District No. 12)
B: Contract for Private Development
(TIF District No. 12)
C: Tax Increment Revenue Note
Introduction
At its meeting on December 18, 1995, the Elk River City Council will be
asked to adopt a resolution which modifies and expands upon the above -
referenced resolution. In addition, the City Council will be asked to execute
a development agreement by and among the City of Elk River, its EDA,
• Breagan Corporation, and Neos, Inc. An integral component of the
development agreement is a Tax Increment Revenue Note and the final
requested action is to authorize this Note as of December 18, 1995.
Background
Following a public hearing on June 19, the Elk River City Council approved
a tax increment financing request relating to the construction of a 12,000
square foot precision machining facility in the McChesney Industrial Park.
All parties agree that it is beneficial to execute a contract for private
development under the existing TIF rules and regulations. Execution of a
development agreement also enables the county auditor to certify the legal
description as being in a TIF District.
In approving the TIF Plan, the City Council adopted Resolution 95 -32 which
now requires some modifications. The modifications relate to an additional
finding that is necessary for new districts seeking certification after the last
legislative session. In addition, the modification eludes to the election by the
city/EDA to make a qualifying local contribution in lieu of a local government
aid/HACA reduction associated with the establishment of TIF District No. 12.
This election is consistent with previous discussion at the City Council and
EDA level.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
• The development agreement spells out the terms and conditions by which the
developer will be reimbursed the TIF principal equal to the lesser of the
project costs or 15 percent of the assessed market value of the project as of
January 2, 1997. Because this is structured as a pay -as- you -go economic
development project, 1998 is the first year the developer will obtain TIF
reimbursements. Reimbursements to the developer will continue until the
lesser of the project costs or 15 percent of the assessed market value have
been paid. Thereafter, TIF District No. 12 will be decertified.
An exhibit of the development agreement relates to the Tax Increment
Revenue Note, whereby the City of Elk River acknowledges that it is
indebted to, and promises to pay, the developer of the precision machining
facility.
On December 11, the Elk River EDA authorized its president and executive
director to sign the agreement. Therefore, it is appropriate for the city to also
execute this agreement.
Action Requested
• The City Council is asked to:
1. Adopt a resolution modifying and expanding upon Resolution 95 -32;
2. Authorize the mayor and city administrator to execute the
development agreement; and,
3. Authorize a Tax Increment Revenue Note, dated December 18, 1995.
is
RESOLUTION 95 -
46 A RESOLUTION FOR THE CITY OF ELK RIVER
A RESOLUTION MODIFYING AND EXPANDING UPON
RESOLUTION 95 -32 RELATING TO THE ESTABLISHMENT OF TAX
INCREMENT FINANCING DISTRICT NO. 12 AND THE ADOPTION
AND APPROVAL OF THE TAX INCREMENT FINANCING PLAN
RELATED THERETO
BE IT RESOLVED by the City Council (the Council) of the City of Elk
River, Minnesota (the City) that Resolution 95 -32 is modified and expanded
upon as follows:
Section 2. - FIndings for the Establishment of Tax Increment
Financing District No. 12
2.07. The Council further finds, determines, and declares that the
increased market value of Tax Increment Financing District No. 12 that
could reasonably be expected to occur without the use of tax increment
financing would be less than the increase in the market value estimated to
result from the proposed development after subtracting the present value of
• the projected tax increments for the maximum duration of Tax Increment
Financing District No. 12 permitted by the Tax Increment Financing Plan for
Tax Increment Financing District No. 12.
Section 5. - Local Government Aid/HACA Reduction
In accordance with the laws of Minnesota for 1995, Chapter 264,
Article 5, the City of Elk River and the EDA accept the option of making a
qualifying local contribution in lieu of a Local Government Aid/HACA
reduction associated with the establishment of Tax Increment Financing
District No. 12.
Adopted by the City Council of the City of Elk River, Minnesota, this 18th
day of December, 1995.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
CONTRACT FOR PRIVATE DEVELOPMENT BETWEEN
AND AMONG THE CITY OF ELK RIVER, THE ECONOMIC
DEVELOPMENT AUTHORITY FOR THE CITY OF ELK RIVER,
BREAGAN CORPORATION AND NEOS, INC.
THIS AGREEMENT entered into this day of December, 1995, between and
among the City of Elk River ( "City ") and the Economic Development Authority for the City of
Elk River ( "EDA ") and Breagan Corporation, a Minnesota corporation ( "Developer ") and
NEOS, Inc., a Minnesota Corporation ( "NEOS ").
WHEREAS, Minnesota Statutes, Section 469.090, et sea., authorizes cities and counties
to establish Economic Development Authorities for the purpose of furthering the economic
development objectives of the respective city or county; and
WHEREAS, the City of Elk River, Minnesota, established the Economic Development
Authority for the City of Elk River ( "EDA ") in 1987; and
WHEREAS, Minnesota Statutes, Section 469.174, etsea., (the "Tax Increment Financing
Act ") enables an Economic Development Authority to undertake certain housing projects,
redevelopment projects, and economic development projects with the use of Tax Increment
Financing; and
• WHEREAS, Developer and NEOS applied to the EDA for Tax Increment Financing
Assistance ( "TIF ") for development of the property located at 12797 Meadowvale Road, Elk
River, Minnesota (the "Development Site ") into an office and manufacturing facility to be
constructed and owned by Developer with a substantial portion thereof to be leased to NEOS
(the "Project "); and
WHEREAS, the majority stockholders of NEOS and Developer are one in the same and,
therefore, TIF assistance provided to Developer is of substantial benefit to NEOS; and
WHEREAS, NEOS will be the primary tenant and employer at the Development Site;
and
WHEREAS, the TIF assistance was requested to provide Developer with partial
reimbursement for site acquisition and site preparation costs (the "Development Costs "); and
WHEREAS, City staff prepared a Tax Increment Financing Plan ( "TIF Plan ") for the
Project which proposed maximum reimbursement for Development Costs to Developer in the
amount of fifteen percent (15%) of the assessed market value of the Project as of January 2,
1997; and
WHEREAS, the EDA held a public hearing on the TIF Plan on June 12, 1995, and
• approved the TIF Plan on that date; and
WHEREAS, the City Council held a public hearing on the TIF Plan on June 19, 1995,
is and approved the TIF Plan on that date; and
WHEREAS, an Economic Development Tax Increment Financing District ( "TIF
District ") was established on the Development Site, legally described as follows:
Lots 6 and 7, Block 1, McChesney Industrial Park
; and
WHEREAS, the Tax Increment Financing Plan for the TIF District provides for the
Developer to be reimbursed, in an amount up to fifteen percent (15 %) of the assessed market
value of the Project as of January 2, 1997, over a series of years upon evidencing payment of
annual real estate taxes; and
WHEREAS, the 1998 real estate tax year is the first year Developer is eligible for a
reimbursement payment, based on the January 2, 1997, value of the Project;
NOW, THEREFORE, BE IT RESOLVED that the City, the EDA and the Developer
agree on the following terms and conditions for reimbursement of the Development Cosm:
I. The EDA hereby pledges the Tax Increment it receives from the TIF District to
the City of Elk River to enable the City to reimburse Developer for the
• Development Costs identified in the TIF Plan.
2. Payments shall be made by the City to Developer, in a total amount not to exceed
Developer's actual Development Costs or fifteen percent (15 %) of the assessed
market value of the Project as of January 2, 1997, whichever is less, pursuant to
the terms of the Note attached as Exhibit A to this Agreement (the "Note ").
3. The sole source of funds for payment of the City's obligations under the Note
shall be the tax increment generated by the TIF District. If taxes are not paid,
or taxes paid are not sufficient to generate tax increment, no payment on the Note
shall be due from the City.
4. The annual tax increment payment will be determined by the City's Finance
Director, and will take into consideration the original tax capacity of the
Development Site prior to the construction of the Project.
5. If Developer fails to make real estate tax payments prior to the date when said
taxes are due to Sherburne County, an Event of Default under this Agreement
shall exist. No payments shall be made to Developer under the terms of the Note
if an Event of Default occurs, and payments shall not be resumed until the
0 PXB RKW45.02
2
Default is remedied. The Default shall be deemed remedied upon evidence of
41 receipt of payment for real estate taxes from Sherburne County.
6. After reimbursing Developer for the principal sum of Developer's actual
Development Costs as defined in this Agreement, or fifteen percent (15%) of the
assessed market value of the Project as of January 2, 1997, whichever is less, no
further payments shall be due under this Agreement and the City shall request that
Sherburne County decertify the TIF District.
7. Developer shall complete construction of the Project by December 31, 1996.
Failure to complete construction of the Project by this date shall be an Event of
Default under this Agreement and City and EDA shall have the right to terminate
this Agreement and their obligations hereunder.
8. Developer shall, prior to January 2, 1997, provide City with evidence acceptable
to City of Developer's expenditures for Development Costs.
9. Pursuant to Minnesota Statutes, Section 116J.991, City and EDA have
established, and NEOS has agreed, to the following Job Creation and Wage Level
Goals (the "Goals "):
Job Creation:
Wage Level:
10. NEOS agrees to meet the Job Creation and Wage Level Goals on or before
September 1, 2000. Failure to meet the Goals by this date shall be a Default
under the terms of this Agreement. In addition to such other remedies as City
and EDA may have, if NEOS defaults by not meeting the Job Creation and Wage
Level Goals, Developer shall immediately repay to City all amounts paid to
Developer pursuant to this Agreement.
11. NEOS shall report to EDA no later than September 1st of each year that this
Agreement is in effect:
• Actual jobs created since first payment received under this
Agreement.
• Actual average hourly wage paid to employees hired since first
payment received under this Agreement.
• II,B ,(KW5.t)2 3
IN WITNESS WHEREOF, the City of Elk River, the Economic Development Authority
for the City of Elk River, Developer and NEOS have caused this Development Agreement to
be executed as of the date and year first above written.
CITY OF ELK RIVER
By:
Henry Duitsman, Mayor
By:
Patrick D. Klaers
City Administrator
ECONOMIC DEVELOPMENT AUTHORITY
FOR THE CITY OF ELK RIVER
4—J�liO
Elk iver 40
is
By:
William Rubin, Executive Director,
Elk River EDA
BREAGAN CORPORATION
NEOS, INC.
:
ON
0 rxa RX445.02 4
EXHIBIT A
TAX INCREMENT REVENUE NOTE
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER, MINNESOTA
TAX INCREMENT REVENUE NOTE
The City of Elk River, Minnesota (the "City "), hereby acknowledges itself to be indebted
and, for value received, hereby promises to pay to Breagan Corporation, or its assigns (the
"Owner "), an amount equal to the lesser of the Project costs incurred by Owner or fifteen
percent (15 %) of the assessed market value as of January 2, 1997 of the Project identified in the
Contract for Private Development between and among the City of Elk River, the Economic
Development Authority for the City of Elk River, Breagan Corporation, and NEOS, Inc., in the
manner, at the times, from the sources of revenue, and to the extent hereinafter provided.
The unpaid principal on this Note shall be payable on September 1, 1998 and on each
December 15 and July 15 thereafter, or within ten (10) days of receipt by City of the tax
settlement from Sherburne County, whichever comes later, to and including December 15, 2005
(the "Payment Dates "). On each Payment Date the City shall pay by check or draft mailed to
the Owner of this Note an amount equal to the lesser of (1) the principal then due on this Note;
or (2) the Tax Increment received and retained by the City pursuant to the City of Elk River Tax
Increment Financing Plan for Tax Increment Financing District No. 12.
The amounts due hereon shall be payable solely from Tax Increments paid to the City
and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections
469.174 through 469.179, as the same may be amended or supplemented from time to time.
This Note shall terminate and be of no further force and effect following the last Payment Date
defined above, on any date upon which the City shall have terminated the Development
Agreement, or on the date that the principal payable hereunder shall have been paid in full,
whichever occurs earliest.
The City makes no representations or covenants, express or implied, that the Tax
Increment received by the City will be sufficient to pay, in whole or in part, the amount due and
payable hereunder.
The City's payment obligations hereunder shall be further conditioned on the fact that
there shall not have occurred and be continuing on the Payment Date a Default under the terms
of the Contract for Private Development by and between the City of Elk River, the Economic
Development Authority for the City of Elk River, and NEOS, Inc., but such unpaid amounts
shall become payable if said Event of Default shall have been cured. If, pursuant to the
occurrence of a Default under the Development Agreement, the City elects to terminate the
r1
Development Agreement, the City shall have no further debt or obligation under this Note
whatsoever.
This Note is a special, revenue obligation of the City and not a general obligation of the
City and is payable by the City only from the courses and subject to the qualifications stated or
referenced herein. Neither the full faith and credit nor the taxing powers of the City are pledged
to the payment of this Note, and no property or other asset of the City, save and except the
above - referenced Tax Increment, is or shall be a source of payment of the City's obligation
hereunder.
Except as hereinafter qualified, this Note may be assigned but upon such assignment the
assignor shall promptly notify the City in care of the office of the City Administrator by
registered mail, and the assignee shall surrender the same to the City either in exchange for a
new note or for transfer of this Note on the records for the Note maintained by the City. Each
permitted assignee shall take this Note subject to the foregoing conditions and subject to all
provisions stated or referenced herein.
IN WITNESS WHEREOF, The City of Elk River, Minnesota, by its City Council, has
caused this Note to be executed by the manual signatures of its Mayor and its City Administrator
and has caused this Note to be issued on and dated December , 1995.
P \B RK1445.02
CITY OF ELK RIVER
Henry Duitsman, Mayor
By:
Patrick D. Klaers
City Administrator