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5. EDSR 11-08-2010REQUEST FOR ACTION To Item Number Economic Development Authority 5 , Agenda Section Meeting Date Prepared by November 8, 2010 Catherine Mehelich, Director of Economic Develo ment Item Description Reviewed by Consider EDA Micro Loan Application - Promo Products, LLC Reviewed by Action Requested The EDA is asked to consider the EDA Finance Committee's recommendation for approval with conditions. • $25,000 Micro Loan to Promo Products, LLC Background/Discussion The attached staff report to the EDA Finance Committee and November 4, 2010 committee meeting minutes provide background regarding the Micro Loan request. The applicant is anticipated to be at the EDA meeting to respond to any questions about the proposed project. Financial Impact The Micro Loan Fund has a current cash balance of approximately $1,042,254. The Finance Committee is recommending EDA approval of the following Micro Loan and term: Applicant: Promo Products, LLC (Andy Isle, President and Duane Hass, Director) Structure: Participation loan with First National Bank of Elk River Loan Terms: $25,000 at 3% interest, up to 20-year amortization/5-year balloon Purpose: Assist in financing building improvements and fixtures including HVAC, lights, flooring and office remodel Security: 3rd position mortgage on real estate at 19228 Industrial Blvd, Elk River; and personal guarantee from owners Attachments • EDA Finance Committee Meeting Minutes dated November 4, 2010. • EDA Micro Loan Fund Policy and Guidelines • Staff report to EDA Finance Committee re: Promo Products, LLC, November 4, 2010. Action Motion by Second by Vote Follow Up N:\Departments\Community Development\Economic Development\Micro Loan Fund\LOANS\Promo Products\11.8.10 EDA Action Requested.doc MEETING OF THE EDA FINANCE COMMITTEE HELD AT THE ELK RIVER CITY HALL THURSDAY, NOVEBMER 4, 2010 Members Present: Chris Carlson, Cliff Lundberg, Paul Motin, Nate Ovall, Dan Tveite, Larry Toth and Chad Vitzthum (proposed member) Members Absent: none Staff Present: Economic Development Assistant Annie Deckert, Director of Economic Development Catherine Mehelich, Accountant Lori Stich Consider Micro Loan Request- Promo Products. LLC Ms. Mehelich summarized the Micro Loan application from Promo Products, LLC. She indicated the applicants, Duane Hass, Director of the company, and Andy Isle, President c>f the company, were applying for an EDA Industrial Incentive Micro Loan in th~~ amount of $2~1,~)Ul)-X25,000 to assist in financing interior remodeling, including an HVAC unit, Iibhting and flooring. "l he loan is proposed to be structured as a participation loan with First National Bank of Elk River and the Ll ).1 ~c~ould obtain a 3~` mortgage lien position on the real estate, in addition t~. ~ c>htaining personal guarantees from the company owners. Promo Products, LLC provide custom Pad printing, silk sere°c~nin~;, hot stamping, multi-color heat transfers and packaging for industrial, medical and promotional products. In operation since 2000, and currently located in Ramsey, the compan} is interested in purch;isin~ a ~-acant 10,000 square feet building located at 19228 Industrial Park Blvd (former L & (_) "1`001 building). "1'hC company currently has eight employees and plans on creating two jobs within the nett tiro ac,lrs. The applicants were in attendance at the meetult; a.nd presented an overview of their company and remodeling plans. They indicated they have met with Elk River Municipal Utilities to discuss rebate options and plan on closing in late. December, with an anticipated move-in date of late February. Their existing lease in Ramscti- is up 'March 15, 2011. Mr. Haas and '~lr. lsl.e were excused fi~~>>n the ~~eeting following this discussion. The finance committee discussed the application and loan terms. MOVED BY TVIETE AND SECONDED BY MOTIN, THE FINANCE COMMITTEE RECOM)<TENDS THAT THE EDA CONSIDER APPROVING THE MICRO LOAN REQUEST FOR PRO1~10 PRODUCTS, LLC, IN THE AMOUNT UP TO $25,000) AT A 3% FIXED INTEREST RATE; GIVING STAFF THE FLEXIBILITY TO NEGOTIATE THE LOAN TERM UP TO 20 YEARS (10 YEAR IS PREFERRED) WITH 5 YEAR BALLON WITH THE EDA TAHING A THIRD MORTGAGE LIEN POSITION ON THE REAL ESTATE IN ADDITION TO OBTAINING PERSONAL GUARANTEES FROM THE COMPANY OWNERS. THE MOTION CARRIED 6-0. 3. Micro Loan Status Updates Updates were provided on Roma Tool, Waterfall and Ethanol Tech Micro Loan applications. Staff will continue to work with the state, attorney and primary lender on these applications. Mr. Ovall suggested staff take a more aggressive stance on loans in default, by attaching judgments to the guarantees or negotiating a forbearance. Staff will discuss these options with City attorneys. EDA Finance Committee Minutes November, 4, 2010 Page 2 of 2 Page 2 4. Discuss Amendments to the Micro Loan Programs and Policies Ms. Mehelich presented potential amendments to the Micro Loan Programs and Policies including; expanding the boundaries of the Downtown Rehabilitation Loan program to include businesses north of HWY 10, increasing the fee for direct loans (not participation loans), include loan review by the Small Business Development Center and consider a new program to provide low cost-financing assistance for energy efficiency improvements in commercial and industrial buildings. Staff also suggested including leasehold improvements on The Bluffs and Jackson square commercial space. The Committee suggested including a guideline and threshold to loan amount at which life insurance would be requested. Mr. Motin stated that because of the HWY 10 improvement study, he was not in favor of expanding the boundaries of the downtown program at this time, however because of the recent City visioning session, it may be appropriate to look at expanding into other areas after the downtown filled up to help achieve the City's visioning goal of beautifying the City's m<lin c~,rridors. The committee would have the option to approve or deny applications based on future road ilnpr_o~ ements. It was the Committees consensus to work with tl~ic'''SBDC to renew future loan applications and that the written comments provided by the SBDC were sufficient in eu of SBDC staff being present at the committee meeting. Mr. Vitzthum suggested the applicants pro~ride responses to the SBDC comments. The committee discussed expanding the downtown program to include the Bluffs and Jackson Place commercial space and indicated their interest to consider applic.~ri~ nls ~~ hich requested funds for leasehold improvements and equipment purchases but in a smaller loan amount to mitigate risk. Ms. Mehelich discussed looking into various esi~ti,.ig cnergy`efhcient improvement programs and indicated staff would c~~n~c hack m the commit~ec with proposed amendments to the policy and guidelines. She asked nc~ c~~mnurtee to submit additional comments to her via email on any other proposed amendments. 4. Closing The P.DA Finance Committee t~~cctin~ ended at 8:16 a.m. Respectfully submitted by, Annie Deckert Economic Development Assistant N:\Departments\Community Development\Economic Development\Micro Loan Fund\Finance Committee\2010\Minutes\11.4.10.doc fiver MEMORANDUM TO: EDA Finance Committee Lori Stich, Accountant City Finance Dept FROM: Catherine Mehelich, Director of Economic Development DATE: November 4, 2010 SUBJECT: Consider Micro Loan Application -Promo Products, LLC Issue A meeting of the EDA Finance Committee will be held at City Hall on Thursday, November 4, 2010 at 7:00 am to review a Micro Loan application from Promo Products LLC. Background Attached is the Micro Loan application submitted by Duane Hass, Director and Andy Isle, President of Promo Products, LLC. Promo Products LLC provides custom pad printing, silk screening, hot stamping, multi-color heat transfers and packaging for industrial, medical and promotional products. The company is currently located in approximately 6,800-SF of leased space in Ramsey, MN and has been in operation since 2000. The company has a total of 8 employees and proposes to create 2 additional jobs within two-years of completing the project. The owners axe interested in purchasing a vacant 10,000-SF manufacturing building located at 19228 Industrial Blvd in Elk River (the former E&O Tool building) and remodeling the building for the company's relocated and expanded operations. The proposed improvements include HVAC, lights, flooring and office remodeling. In order to supplement conventional and SBA504 financing, the company is requesting $24,000 from the Economic Development Micro Loan "Industrial Incentive Program". The loan is proposed to be structured as a participation loan with First National Bank of Elk River, in which the EDA would obtain a 3Ld mortgage lien position on the real estate. In addition the EDA would obtain personal guarantees from the company owners. Depending on the appraised value of the real estate, the EDA may wish to identify additional sources of collateral fox security. Consider EDA Micro Loan Application -Promo Products, LLC November 4, 2010 EDA Finance Committee Meeting Page 2 of 2 With permission from the owners, a copy of the company's Micro Loan application and business plan has been provided to the Small Business Development Center (SBDC) for review and comment. A representative from Promo Products LLC will be present at the Finance Committee meeting to discuss the project in further detail. In addition to the financial criteria that must be considered, the Finance Committee must also consider to what degree the applicant satisfies the criteria set forth in the Micro Loan Fund policies outlined below: Micro Loan Criteria • Max. Loan Amount: $100,000 • Interest Rate: fixed, 2 pts below prime or 3% floor • Equity: 10% of project • Private Financing: 50% of project • 1 job created per $20,000 loaned • Minimum wage of $10 per hour Promo Products, LLC Application • Amount Requested: $24,000 • Interest Rate: fixed, 3% • Equity Proposed: 5% of project o (Applicant proposes to utilize Micro Loan to supplement 10% equity required for SBA financing). • Private Financing: 90% of project • 1 job to be created per $12,000 loaned (2 new jobs total) • Proposed wage of $11 per hour Requested Action The EDA Finance Committee is asked to provide a recommendation to the EDA for action on of the Micro Loan Application with the following terms and conditions: Participation Loan: Loan Amount: Interest Rate: Term: Security: Attachments First National Bank of Elk River $24,000 fixed, 3% 20-year amortization; 5-year balloon 3rd position lien on real estate • Micro Loan Fund Policy & Guidelines • Promo Products, LLC Micro Loan Fund Application and related attachments N:\Departments\Community Development\Economic Development\Micro Loan Fund\LOANS\Promo Products\11.4.10 Finance Comm.doc ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND APPLICATION I. CONTACT INFORIVIATI®N ('(~uM~ ~R~ (~~c!`S ALL Legal Name of Business: r .-~dclress: 7 iv ( n •- l `/ 5 ~.~~ ~ ~-~ lbw S~;•r~ City / SCate /lip ~ h~ ~ /11 5 ~-- y /~) /`N . 5 .S .'3 ~ ~3 Contact Person(s) 1•_) V ~ ,~.'~ /--~/t S j ~ r ~2 ~Z ~% 02~~ N 1/ ~ TS ~-~' ~_11' 2 ~ .$ , ~)v~,~-7) Business Phone ~ ~' .~3 ~ j ~ G -- ~/G' ~j O Fax 1 ~ ~ ~ ri 7 ~ •--- `~`7~~7' ~~ L ,iLL !~ / 1Phone 7~ ~ ~,~ 1 ~-~ 4~~ 5^~ ]~mail_-~l ~~ S S c~ ~v~ ~ ~vS' S ~~ ~-y~, GC/j-t Checl; One: nr~,,,-ier~r ,X _ __Corporation Partnership Social Security No. ---~~ ~ % ,~ ~ ~ ~ / State ID # ~J of ~r j yC ~ s IT. NATURE OF LOAN REQUEST ~`Vhich 1\4icro-I..oan Program are you applying for? ~`~ Industrial Incentive Program Rehabi.Liation T'i~ancing Program Downtown Busiiess Revitalization Loan Program Amount Requested: ~ ~ ~~ Ga ~ Total Project Cost: $~~/ b'~~'•- ~~~ C,oo Type of project: New construction for a start up business. New construction for an existing business, On site expansion I~quipmcnt purchase _~ Remodeling: (circle u~~eJ Commercial /Retail / Industrial Refinancing existing debt Other ~4icro Loan Fund .\pplirition ~ Payc 9 of 14 ;lmcnded Not~cmber 2006 Please give a brief summary of your business and its products or service: :!~uv~Jr C', v~7'o~'1 /~,4~ ~;~rN/iNJ `.S,</-; - I 1S~Nt Sc.:,~ N ,~ -~ - n U S 7 /~ , r:~ ~ M ,1?. ~ , C. R:J~~ `J C. ~ ~/ t G F .5~ ~%.N ~ N /, /~ h/ % ~ 1~. " M ~.r i U/„ r} c ~~n~~l7~ ~~s•. Please give a brief summary of the project. .. ~1 c. F{ n S .; /y1 .~ N C, t/'in L i ~. /~, r % ,6 ~ ~ ~ ~ » r :~ .J f1- j 1 `t ~.,? S' 5 r r r,- ~ ~it-o .~'. h e Pl e ase descr ibe how this loan will unpact your Project: / ~ n ~^ I (' ~ ~ ~ , 1"~' k' T` I ~" /1 N c i ~l ~ I~ 5 -S r S 7 flr i" ~- v? /Cu U 1.~: >/ r2 /2 S !~ ~ !' J ~ nn1~M~ /moo ;J~c: j ~~ rN ~~/;~c!.. r^'~ ~~~( S' ~~a/h I 1~ n G.ISF{-ni ~j III. FIfVANCING .. Project Costs 1.~and Site: improvements $ / ~ Buildings (attach plans & costs) ~ "~ ~- 5 ~ CU ~ ~' I/gtupment/Machinery/Pictures ~ U ~~' ~ (attach List and estimated costs) ~ / ~ ~ O i R d l ~ ~~ cmo e . ng Industrial Inventory/Working Capital Ocher (attach description) "Total Costs ~ ~ ~ 5 a ~ d Comments: n{ecru Loan Fund Applical'ion Page 10 of 1-t r\m~nded No~~ember 2000 Prouosed Sources of Finaneinr_> SOURCI~ NAMT~ p ~lut( ~ 1 TI/RMS AMOUNT > iSi N.~Y~cN~ T3ank Loan C ~ ~t 1-( I\ i .J f f. ` ~~ ;L `'j~ ~ -:~ c~ ~ c, o n Bank Loan ~ n) /`~' `-{, 5 `~ ~~' Y2 ~ (' % ,;2~ o c ~ Other Private T'unds l~- ni~ .Y ~~ S L a' Applicant Contribution ~~ ~ ~ ~' 1~ f -(,n ~ 5 ~ ~~ ~''~ ~' Other Red Grant/Loan State Cirant/Loan BDA Micro Loan ~~ /~ ~ ~ v ~ ~ ~ ~ ~ ~° s y2 ~ ~ I o d ~~ "1'ax Tncrement l,inancing f$ ~l,ax Abatement $$ Total Financing ~ ~~ ~~' ` Collateral Assi~mments Lien Description of Collateral Position ToIJanl.1 ~~~~ ~~~N3 ~%! IT ~}y~~~ ,~ . °1'o I3anlt 2 ~ S l5 /~-~ I' 02. .. 1'o Private Sourc To Other Source 1'0 l,ederal Govt "!,o State "I'o L-?DA Micro Loan 1 `~ ~~' ~'~ 7' ~i ~~ ~~ ~ , ."'~' 3 1\licro loan Fund ilppliai[ion P.~be 11 of 1<} amendecl November 2006 Value of Collateral Book Value Cost land ~ ~ .qI ° ~~ O o a Buildings ~ ~ J ~' ~ v ~' 1\'fachinery & Lcluip. Other Other 1/xisting Liens i(/ ~ i/ ~ IV. JOB & WAGE GOALS c ~ ~ D ~l Present # of )/mployees 0 Total Payroll ~~ ~ '~ 5^~ ~ / ~ <~~/y,2) Jobs To Be Created* Please t~rovide the following? information on robs you expect to create Within 2-years. Job "hide Number of Jobs Average 1-Iourly Wage Annual Salary Are the Jobs Permanent or Temporary? )/xpectecl Hiruig Date -;~iNll/! ,~ ''~/( ~,2~ ~~J 2 ft-Nr N/ 1/12c /-l,~'1_c~ ~l ~'~It loan is for job retention only, please explain in Business Plan. Program Objectives (Chcclc all that apply) "hhe project contributes to the fulfillment of the city's approved and adopted econonuc development and/or redevelopment plans. The project prevents or eliminates slums and blight. / The project increases the local tax base. "1"he project brings a structure into compliance with an existing building code V101aClOn. Micro Loan Rund i\hpl.icau°n Page 12 of l~l .Amcnclyd Novcm~cr 20oG TV. PI~UJ~CT COIVT'AC7S Attorney Name C(-~/~ ~ /~ _ 2 ~% L G r M,i N Address ~~ (-~ :,~.~•Tf' ~~h/V~~~ S ~~1/O S'T CL~•~D i1~1 ~, ] hone Accountants Name V 11 c ~ ;1 S• Address _2c~ ~ - / y ~ ~.•~ ,~ ~~ ,N w ST ~ (',~~, ; r .~ ,~ Phonc Financing Sources (lenders, partners, etc.,. Name ~, ~ S r' N ~1-?r ~ ~-., ~ `'>:q .~ ~ ~ 60•,x, 11217 /,_~. r[ > >4'S' < L~ Adclress / 1~ / / 5~ 'fi A ~'1 h j ~' n S ~ ~~=% U ~s'u Gl~ s ~~ /y Phone 7` ~ ~~~1.~-•- ~ %`~~ 5 S~~`~ Name I~ddrf:SS Pho Parent Compan Name ~1~ (<~/~-~e {~ feu ().,x,7.5 ~-L C Address l / y I - ~`~~ l: ~ ~y ~ /U W ST ~ /\~1 M 5~ ~ y ~~~S~" ,~ Phone ) ~ .~ ,~ ~ 7 ~ •- `7 ~ ~ J Others Name Address Phone Name 1lddress Phone Micro Lo.ui I^und ~\pplicati°n Page 13 of 1.1 .lmended Novcmher 2006 V. ATTACHMENTS CHECK LIST Please attach the following: A) Written Business Plan: 1. Description of Business 2. Ownership 3. Management 4. Date Established 5. Products/Services 6. Future Plans ~ B) Financial Statements for Past Two Years X C) Financial Projections for "hwo Years !~ D) Resume of Owner/Management X E) Personal Financial Statements of Proprietor, Partners, Guarantors %ti~ Letter of Commitment Erom Applicant Pledging to Complete During the Proposed Project Duration ~G) Letter of Commitment from the Other Sources of Financuzg, Stating Terms and Conditions of their Participation in Project c~ ~ yv _ H) Fee (1% of amount of loan request). ( ~ y;~. ,~~ ~ ~'v ~~ ~ LI~ ~~va'~ ~ ~/J C,~`y VI. AGREEMENT I / We certify that all information provided in this application is true and correct to the best of my/our knowledge. I / We authorize the City of Elk River and the Finance Committee to check credit references and verify Fulat~cial and other information. I / We agree to provide any additional information as may be requested by the City and the Finance Committee. APPLICANT SI NATURE /~~~~ ' \ ~~~~ ~Y v~~~ DATE /~ ~ ~ I ~ '~ ~ 5 S ~~~~ tllicro I.,o:tn Fund Application Page 1~# of 1-t Amended November 2000 aty of El: The Lightlndustrial Hub of the Northwest Metro Economic Development Micro Loan Fund Policy & Guidelines And Application Amended: November 2006 Amended: May 2006 Amended: June 2004 Adopted: September 1999 Ciry of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY & GUIDELINES I. PURPOSE The Economic Development Authority for the City of Elk River (EDA) recognizes the need to stimulate private sector investment into manufacturing facilities and equipment in order to create new jobs, boost productivity and retain existing jobs for local residents. Additionally, the need exists to encourage investment in the expansion and/or rehabilitation of commercial and retail buildings in order to maintain the economic viability of Elk River's Downtown District . Subsequently, the purpose of this program is to provide low interest, long-term (i.e. greater than one year) loans as incentives for industrial development within the City of Elk River and to encourage commercial and retail business owners in the Downtown District to rehabilitate their existing buildings. II. LOAN PROGRAMS In order to meet the economic and community development objectives of the EDA, two distinct loan programs exist within the Micro Loan Fund to promote business growth in Elk River. Industrial Incentive Program Purpose: The purpose of the Industrial Incentive Program is to encourage industrial and high technology business development that supports the tax base and brings quality jobs to the city. Amount: Up to $100,000 of secondary financing not to exceed 20% of the project cost. Equity: Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Rate: Fixed; 2 points below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 3%, whichever is greater. Term: Financing with a balloon payment in 5-years. The balloon payment must not be longer than the balloon payment of the participating bank. Loans may be amortized up to the following limits: 20-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Micro Loan Fund Policy & Guidelines Page 2 of 14 Amended November 2006 Criteria: 1. Borrower must be an industrial or high technology firm and create one new full-time job for each $20,000 loaned within 2 years. Said jobs must pay a minimum wage of $10.00 per hour excluding benefits required by law. Loans in excess of $75,000 shall meet the attached City of Elk River Business Subsidy Policy for the creation of new jobs at a minimum wage of $15.00 per hour excluding benefits required by law, as well as a 5-year location requirement. In the case where the multiple sources of public financing are requested (e.g. Micro Loan and Tax Increment Financing) job creation goals shall not be double-counted. 2. Borrower must comply with the provisions of the city's Industrial and Business Park zoning ordinances as applicable. Downtown Rehabilitation Financing Program Purpose: The Downtown Rehabilitation Financing Program is available to business and property owners in the Downtown District (DD) for the rehabilitation and restoration of their buildings. Amount: Up to $75,000 of secondary financing (not to exceed 40% of the project cost. Equity: Must have private-sector commitments for 50% of the project cost. Borrower must provide 10% or more of project financing. Rate: Fixed at 2%. Term: Financing with a balloon payment in up to 5-years. Loans may be amortized up to the following limits: 20-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Criteria: 1. At a minimum, 20% of Micro Loan dollars must be used for the improvement of the building facades. 2. Rehabilitation loans in the Downtown District are exempt from job creation and wage goals since the loan amount does not exceed $75,000 and does not qualify as a business subsidy by state law. 3. Borrower must be located in the Downtown District (DD) (see attached map). Micro Loan Fund Policy & Guidelines Page 3 of 14 Amended November 2006 III. USES 1. Permitted Fund Uses: a. Building construction b. Land acquisition c. Machinery d. Furniture, fixtures, and equipment (FF&E) e. Renovation and modernization of buildings £ Exterior renovation of retail, commercial and industrial buildings g. Public infrastructure needed for economic development expansions h. Investment real estate with a minimum of 50% of the space pre-leased 2. Ineligible Fund Uses: a. Expenditures for the construction and/or renovation of residential units b. Working capital c. Refinancing of existing debt d. Inventory IV. BUSINESSES ELIGIBILITY Any project meeting the above criteria, and located or proposed to be located within the city limits of Elk River as defined by this program, may be eligible for an Economic Development Micro Loan as further defined herein: • Business must be afor-profit corporation, partnership, or sole proprietorship. • Business must be a small business as defined by the Small Business Administration (SBA). • Business must have a positive net worth. • Religious, political, and pornographic enterprises are not eligible to use the Economic Development Micro Loan Fund. V. MICRO LOAN FUND TERMS & CONDITIONS 1. Loan Structure All Economic Development Micro Loans will be structured as participation loans and will be serviced by the project's primary lending institution. Such an arrangement allows for the central distribution and collection of funds and simplifies the financing process for all parties involved. A participation agreement will be signed by the borrower, primary lender and the EDA. The agreement will include the following provisions, among others: If Borrower does not meet the job and wage goals specified in the Subsidy Agreement, the interest rate will change to 2 points above the participating bank's rate, effective from the two year anniversary of the loan closing. Upon subsequent achievement of the jobs and wage goals, the interest rate will revert back to the rate when the loan was originated, effective from the date of attainment of the job and wage goals. Micro Loan Fund Policy & Guidelines Page 4 of 14 Amended November 2006 • If Borrower defaults on the loan, the EDA will collect all further payments during the default based on a pro-rata basis with the participating bank excluding the distribution of proceeds resulting from the foreclosure on collateral. The EDA may require additional agreements to be signed by the borrower (i.e. security agreement, personal guarantees, subsidy agreement). 2. Simultaneous Micro Loans The simultaneous use of different Micro Loan Fund Programs by any one borrower or for any one project is prohibited. 3. Call of Loan A loan shall become due and payable in full if a business relocates outside of the city of Elk River prior to the maturity date of the loan. 4. Late Payment Charge A late payment charge of 8% of the installment amount may be enforced. VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS All buildings which public funds will be used for construction or renovation are to be brought into conformance with city ordinances and state building codes. Repairs may include the following systems and portions of real property: a. Mechanical heating, plumbing, and electrical b. Structural; including the facade of the structure and energy related improvements. c. Hook-up to city services (i.e. water, sewer) d. ADA (Americans with Disabilities Act) improvements VII. LOAN SECURITY AND GUARANTEES Applicant must be able to secure the loan by providing the EDA with a minimum of a subordinate mortgage upon the building and/or assets or other approved collateral. Applicant must demonstrate the financial means to repay the loans, as determined by the Economic Development Authority. Whenever possible, personal guarantees will be made part of any loan agreement. VIII. TIMING OF PROJECT EXPENSES No project should commence until the Elk River Economic Development Authority has approved the loan application. Any costs incurred prior to the approval of the loan application axe generally not eligible expenditures. No building construction should commence until the required City permits are secured. Micro Loan Fund Policy & Guidelines Page 5 of 14 Amended November 2006 The applicant will be responsible for all legal, recording, and other fees required for protection of a security interest in the loan, payable by anon-refundable 1% processing fee, which is paid at the time of application. IX. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL 1. All applicants shall first contact a primary lending institution to determine if additional equity is needed, and if so, how much. The applicant and the primary lender shall then meet with City Staff to obtain information about the Micro Loan program, discuss the project, and obtain application forms. The applicant shall complete and submit an application form to the City, along with a processing fee of 1% of the loan request. (The fee is used to cover processing expenses and will be returned only if application is denied.) The applicant must provide evidence of their ability to meet the equity requirements or provide a letter of commitment for conventional financing from the primary lending institution. 4. The application will be reviewed by the City staff to determine if it conforms to all City policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or loan programs. b. Whether the proposed project will result in conformance with building and zoning codes. c. Whether it is desirous and in the best interests of the public to provide funding for the project. The EDA Finance Committee and EDA Commissioners will review each application in terms of its consistency with the goals of the City's Comprehensive Plan and Economic Development Strategic Plan and in relation to the project's overall impact on the community's economy. Rehabilitation Loan applications will also be reviewed by an HRA member in conjunction with the EDA Finance Committee. They will also evaluate the project application in terms of the following: a. Project Design -Evaluation of project design will include review of proposed activities, time lines and a capacity to implement. b. Financial Feasibility -Availability of funds, private involvement, financial packaging and cost effectiveness. • Appropriate ratio of private funds to Micro Loan funds. • Sufficient cash flow to cover proposed debt service as demonstrated by financial statements and projections. Micro Loan Fund Polity & Guidelines Page 6 of 14 Amended November 2006 • Business must show a positive net worth. • Letter of Commitment from applicant pledging to complete the project during proposed project duration, if the loan application is approved. • Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. • Sufficient collateral. c. All other information as required in the application and/or additional information as may be requested by the Economic Development Authority. d. Project compliance with all city codes and policies. Program Objectives - In addition to quality job and wage creation/retention requirements, the applicant must meet all Micro Loan Fund criteria and demonstrate how the proposed activities will meet at least one of the following objectives: • The project contributes to the fulfillment of the city's approved and adopted economic development and/or redevelopment plans. • The project prevents or eliminates slums and blight. • The project increases the local tax base. • The project brings a structure into compliance with an existing building code violation. 6. A written request for an extension shall be accompanied by a copy of current financial statements and a $500 upfront processing fee. The processing fee is used to cover processing expenses and will be returned if request is denied. The application for an extension beyond the original term should include a letter of denial from a conventional lender. Refinancing will not be allowed solely for the purpose of reducing the interest rate due to lower market interest rates. 7. The EDA Finance Committee will recommend the approval, denial, or request a resubmission. A recommendation from the Finance Committee will be forwarded to the EDA for final action. Micro Loan Fund Policy & Guidelines Page 7 of 14 Amended November 2006 X. LOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure that the policies reflected in this document are consistent with the economic development goals set forth by the City. XI. RIGHT OF REFUSAL The Elk River Economic Development Authority may deny any project which it deems inappropriate according to the guidelines established in this document. XII. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW Each company receiving assistance in excess of $75,000 from the EDA Micro Loan Fund shall be subject to the provisions and requirements set forth by Minnesota State Statute 116J.993 and the attached City of Elk River Business Subsidy Policy. Micro Loan Fund Policy & Guidelines Page 8 of 14 Amended November 2006