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INFORMATION #1 EDSR 03-13-2006INFORMATION rover MEMORANDUM TO: Economic Development Authority FROM: Heidi Steinmetz, Assistant Director of Economic Development DATE: March 13, 2006 SUBJECT: Incubator Tenant K-Netica Relocation Update Background K-Netica became an Incubator tenant in May of 2002, subleasing 2,267 SF of space. The company has developed a universal human language translator utilized through computer software. The software has a number of key applications fox commercial, government, military, and personal use. The EDA has granted K-Netica six sublease extensions: one fox 9 months, four fox 6 months and most recently one fox two months due to the sale of the Incubator building. Issue Below is a timeline of staffls involvement with the company's relocation efforts. • February 8, 2006 -Staff provided IC-Netica with a list of seven available business park space opportunities. • February 9, 2006 -Staff arranged/attended a tour with the company CEO of the Briggs Properties space. • February 21, 2006 -Staff arranged/attended a tour with the company CEO of space in the Oxluck building. The company CEO indicated that he was not interested in additional site tours. • March 2, 2006 -Recruiter Pete Myxvik of Kfoxce (experienced in recruiting the type of employees needed by K-Netica) contacted K-Netica per staffs request. • March 6, 2006 -Staff informed the company CEO of the option to extend the sublease with the EDA until May 15, 2006 and of the potential opportunity to sign a lease with the future building owner. The company CEO responded with the following update: • I{-Netica will more than likely sign a short-teen lease next week in the Twin Cities at a significantly reduced rent with great expansion potential. • The company has toured six Elk River locations. • The main factor of the relocation is the term, cost, space size, or the expansion oppartunity issues. • The secondary factor is that the company is having trouble getting J2EE axchitectaral programmers/developers to commute ox xe-locate to Elk River. • The third factor is that the company's customers axe in the metro and the company virtually "lives" with them as solutions axe integrated. An 80-mile round trip in traffic at any time in the day really impacts their efficiency. It is important that the EDA know that there is a location commitment clause in the Memo of Understanding document held between the EDA and K-Netica. The clause reads as follows: "Location Commitment: Mandatory Repurchase: Put Options. So long as EDA is owner of any Shares of Company stock, the Company's headquarters and administrative facilities shall be located within the City of Elk River. In the event that the Company no longer maintains ALL such facilities within the City of Elk River, the EDA shall have the option to require the Company to repurchase the Shares owned by EDA within 30 days of written demand. The repurchase price shall be the last price per share offered in any private or public offering authorized by the Board of Directors of the Company, but not less than twice the price used to calculate Shares provided to the EDA under 2.1.(A) of this Agreement." Staff will provide the EDA with a recommendation regarding K-Netica's relocation upon formal written notification from the company.