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8.1 HRSR 05-04-2015 Request for Action To Item Number Housing and Redevelopment Authority 8.1 Agenda Section Meeting Date Prepared by Work SessionMay 4, 2015Colleen Eddy, Economic Development Specialist Item Description Reviewed by Update on Demolition Loan Policy Amanda Othoudt, EDD Reviewed by Suzanne Fischer, Director COD Cal Portner, City Administrator Action Requested After the regular meeting, the HRA will adjourn to a work session to discuss a Demolition Loan Application and Policy. Background/Discussion Discussions at previous HRA meetings included the challenges associated with redevelopment and reinvestment. The Commission considered implementing a demolition loan policy to facilitate the process. Staff has researched two Demolition Loan Program Policies and Applications. One is offered through DEED, and the other is offered through a local community. Information from both documents was compiled and submitted to our attorney, who in turn drafted the attached for further discussion at the HRA work session. Financial Impact N/A Attachments  Demolition Loan Policy DEMOLITION LOAN APPLICATION INSTRUCTIONS The following documents are attached to the application and must be completed, signed, and returned to the City of Elk River HRA (“HRA”):  Loan Application (Individual or Business)  Addendum to Application  IRS Form 4506-T  Authorization to Release Information  Data Privacy Act The following documents are required and must be submitted with the application:  Current Photo ID : Copy a state-issued photo ID (i.e., Minnesota driver's license) from all adult household members. ID Number must be legible on the copy.  Proof of ownership : For example: Deed, Warranty Deed, Quit Claim Deed, or Certificate of Title. If you have purchased your home/commercial building on a Contract for Deed, submit a copy of the Contract for Deed. A Title Commitment showing all ownership interests and encumbrances against the property is also required.  Income Verification : All household members who receive wages from employment must submit copies of the two (2) most recent and consecutive pay stubs. Household members receiving Social Security must submit the most recent Social Security Benefit Letter. Household members who are self-employed must provide all related schedules from your last two (2) years Federal Income Tax Returns and a year- to-date income statement for the business. Documentation of child support and all other forms of income must be submitted.  Federal Income Tax Returns : All owners must submit copies of the two (2) most recent Federal Income Tax Returns including all W-2's, 1099's and all other Forms and Schedules. Please re-sign the copy of each tax return for our records.  Property Tax Statement : A copy of your most recent Sherburne County Property Tax Statement.  Mortgage Verification : A copy of the most recent monthly statement from all mortgages, second mortgages, home equity loans and lines of credit - verifying the outstanding principal, monthly payment amount and that the mortgage payments are current (no unpaid late charges). If your mortgage has been in Modification, please submit a copy of the Modification Agreement with all required signatures.  Credit Report Fee : $15.00 per married couple; $15.00 per non-married borrower. Please make check payable to City of Elk River. The fee is non-refundable. Please mail the above documents to the City of Elk River HRA at 13065 Orono Parkway, Elk River, MN 55330. 181302v1 1 ELK RIVER DEMOLITION LOAN OTHER REQUIRED DOCUMENTS The following documents must be submitted by the Applicant to the City of Elk River HRA before the Applicant can receive final approval for the program and the Loan can be closed:  Applicants are encouraged to first consider the Elk River Fire Department's house burning/training program demolition option.  Plans and Specifications for the New Home/Commercial Building that comply with all applicable City ordinances, rules and regulations and is equal to or greater in square footage than the Current Home/Commercial Building.  Construction Contract for the construction of the New Home/Commercial Building on the Property on which the Owner intends to demolish the Current Building which shall include the cost of demolition of the Current Home/Building.  Evidence that the Owner has sufficient funds to construct the New Home/Commercial Building according to the Plans and Specifications and the Contract.  Evidence that the Owner has sufficient income to pay the first mortgage on the New Home/Commercial Building and the Elk River HRA Mortgage.  Three demolition bids by contractor(s). Contractor bids, proposals or estimates are the Applicant's responsibility. Applicant should call licensed contractors and obtain written bids. The bids must be written by a licensed contractor and contain the following items: Contractor's name, address, license number, telephone number, and the date; Applicant's name and project address; Detailed description of the work to be done including brand names, quantities and all costs; Contractor's signature; A space for the Applicant's dated signature. Do not sign the bid until closing on the loan.  Contractor Acknowledgement (attached). Each contractor Applicant intends to hire must fill out and sign the Contractor Acknowledgement. Applicant does not need this form signed by the other contractors who only gave you bids but will not be doing the work. DELIVER COMPLETED DOCUMENTS TO: City of Elk River HRA 13065 Orono Parkway Elk River, MN 55330 Phone: 763.635.1000 181302v1 2 Housing and Redevelopment Authority (HRA) DEMOLITION LOAN CRITERIA The purpose of the HRA Demolition Loan Program is to provide loans to demolish blighted single-family, duplex or commercial properties in Elk River. Loan Amount The HRA loan (“Loan”) may be up to $15,000 and be evidenced by a Promissory Note (“Note”) in favor of the HRA. Loan Security The Note will be secured by a mortgage on the Applicant’s Property (“Property”) in favor of the City (“Mortgage”). The Mortgage may be subordinate in position behind the Applicant’s first mortgage on the Applicant’s Property. Interest Rate The interest rate shall be a fixed rate at 3%. The monthly payment shall be fixed at time of Closing. Loan Term The maximum term of any Loan shall be 10 years; however, the Loan shall become due upon sale, transfer of title, death or refinancing of the Applicant’s first mortgage, whichever occurs first. Loan Documents All Loan Documents, including the Note and Mortgage shall be in a form and substance acceptable to the HRA. Eligible Properties Elk River single-family, duplex or commercial properties that qualify as blighted. See the Blight Qualification standard below. Demolition Bids Applicants are encouraged to first consider the Elk River Fire Department's house burning/training program demolition option. If that option is not feasible, applicants must obtain three demolition bids. The demolition contractor will be required to obtain all necessary City permits, pay applicable fees and provide for appropriate handling and abatement of any hazardous materials encountered. All contractors must be licensed and insured. Blight Qualification (for Demolition Loan Only) Once an Applicant’s application is received, Elk River Code Enforcement/Housing Inspector will arrange, by appointment, an inspection of the applicable property of the Home/Commercial Building to establish if the Property is in a blighted condition according to the City’s criteria (“Blighted Condition”). In addition, the inspector will make a determination as to the potential presence of hazardous materials on the property and will obtain a statement from the Applicant about any knowledge of the property's use for production, storage, deposit, or disposal of any toxic or hazardous wastes or substances or asbestos products whatsoever, during the time the Applicant owned the property and before the date the Applicant purchased the property. If a property satisfies the City’s criteria for Blighted Condition, the application process can continue. If the property does not meet the City’s criteria of Blighted Condition, the City will notify the Applicant in writing indicating the reasons why the property cannot be considered as being in a Blighted Condition. 181302v1 3 APPLICATION & LOAN DISBURSEMENT PROCESS The City of Elk River HRA (“HRA”) is the program administrator. Please call the City of Elk River at 763.635.1000 to answer any questions about Elk River’s loan program and/or your project. DO NOT SIGN ANY CONTRACTS OR START YOUR PROJECT UNTIL THE HRA HAS APPROVED THE APPLICATION AND ALL DOCUMENTS REQUIRED BY THE HRA INCLUDING, BUT NOT LIMITED TO, A NOTE AND MORTGAGE, HAVE BEEN PROPERLY EXECUTED AND THE LOAN CLOSING HAS TAKEN PLACE. ANY PROJECT BEGUN BEFORE A LOAN CLOSING HAS TAKEN PLACE WILL BE INELIGIBLE FOR PARTICIPATION IN THE PROGRAM. Application Process : Completed applications will be processed by the HRA on a first-come, first-served basis, as funds are available until all program funds are committed. A Loan will be closed and funded after the Loan has been approved and all applicable Loan Documents necessary in the opinion of the HRA have been executed by the Applicant and HRA. Rehabilitation Consulting : City staff will be available to advise all Applicants about proposed projects and conduct an optional initial inspection of the Applicant’s property and the house and/or commercial property and will review bid(s) for reasonableness. Loan Costs : A credit report fee paid by Applicant at time of application; mortgage registration tax and filing fee and title policy shall be paid by the Applicant at the closing of the Loan. The title policy in favor of the HRA may be financed from the Loan proceeds. Contractors & Permits : Contractors must be properly licensed by the State of Minnesota when required. All permits required by the City of Elk River must be obtained prior to the start of construction. Total Project Cost : It is the Applicant's responsibility to obtain the amount of funds necessary to finance the entire cost of the demolition of the building on the Property and the construction of the New Home or other building proposed for the Property. If the final cost exceeds the loan amount, the borrower must obtain the additional funds. Borrower's contribution to project cost must be paid prior to release of loan funds. Work Completion : Weather permitting, work must be completed within six months of the date of the loan closing. Disbursement Process : Loan funds will be held in escrow at one of the Banks that the City of Elk River utilizes or by the Title Company issuing the Title Policy to the HRA until the work has been completed in accordance with the applicable contract and the following items have been received by the HRA: Final Invoice 1. from each contractor showing all amounts paid and due. Lien Waiver 2. . Original from each contractor. Completion Certificate 3. signed by each contractor and the borrower. Permits Closed 4. . Have the inspector sign the permit card, or have the inspector leave a message at the City of Elk River 763.635.1000. Final Inspection 5. and approval by City of Elk River staff. It may take up to 10 business days after receipt of above items to prepare checks. Payment checks to contractors must be countersigned by the borrower. Lien waivers must be provided before the funds will be released. 181302v1 4 DEMOLITION LOAN APPLICATION (Individual) I. APPLICANT INFORMATION APPLICATION DATE: Applicant Name: Street Address: City State Zip Applicant Birthdate: Applicant Social Security Number: Home Telephone: Work Telephone(s): E-mail Address: Disabled Household: Yes No Marital Status: Married Not Married Separated  Co-Applicant Name: Co-Applicant Birthdate: Co-Applicant Social Security Number: Property Address of Proposed Demolition: Elk River 55330 II. OTHER HOUSEHOLD MEMBERS EXCLUDING APPLICANT AND CO-APPLICANT NAME DOB RELATIONSHIP STUDENT SOCIAL SECURITY NUMBER (MM/DD/YY) (Child, Friend, Parent) (Y/N) ________________________ _________ _______________ ________ _________________________ ________________________ _________ _______________ ________ _________________________ ________________________ _________ _______________ ________ _________________________ ________________________ _________ _______________ ________ _________________________ Ill. INCOME INFORMATION Sources of income include but are not limited to: wages, salaries, overtime, tips, bonuses, commissions, self-employment, cash for work, regular pay for the armed forces, welfare (MFIP, GA, MSA), workers compensation, unemployment benefits, pensions, severance pay, child support, alimony, education grants, scholarships, VA student benefits, disability/social security payments, retirement benefits, death benefits, annuities, life insurance dividends, lump sum payments, net income from rental property, regular cash contributions. * Income is to be projected for the upcoming 12 months. * Include all full time, part time, sporadic, and/or seasonal income. * List separately all sources of current and anticipated income for one year following the date of the application. * All household members 18 and over receiving income must be included. 181302v1 5 Name Sources and/or Anticipated Occupation Projected Gross Sources of Income Annual Income: ________________________ ______________________ __________________ $________________ ________________________ ______________________ __________________ $________________ ________________________ ______________________ __________________ $________________ ________________________ ______________________ __________________ $________________ IV. EMPLOYMENT INFORMATION Applicant Employment Information : _____________________________ Self-employed? Yes No (If self-employed, an interim statement  Applicant Name must be submitted detailing income and expenses for the year-to-date) _____________________________ _________________________________________________________ Employer Name Employer Address __________________ ______________________ ______________________ ______________________ Date of Employment HR Contact Name Phone Number Fax Number Co-Applicant Employment Information : _____________________________ Self-employed? Yes No (If self-employed, an interim statement  Co-Applicant Name must be submitted detailing income and expenses for the year-to-date) _____________________________ _________________________________________________________ Employer Name Employer Address __________________ ______________________ ______________________ ______________________ Date of Employment HR Contact Name Phone Number Fax Number V. CREDIT INFORMATION (attach additional sheet if necessary) Financial Institution/Creditor Current Balance Monthly Payment Mortgage(s): ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ Auto(s): ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ Credit Cards: ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ 181302v1 6 Other Loans: ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ VI. PROPERTY INFORMATION 1. Is the dwelling an owner-occupied single family home or duplex or commercial building located within Elk River? Yes No  2. Are you the owner of record on this property? (check one) Yes No  List all other owners of record: ______________________________________________________ If no, do you hold a contract for deed? (check one) Yes No  3. Year home was built: ____________ 4. Year home was purchased: ____________ 5. Purchase price: $____________ 6. Are you current on your mortgage payments? Yes No  If no, is/has your loan been modified? Yes No  If your loan has been modified please send the modification agreement signed by both lender and yourself. 7. What is (are) the outstanding balance(s) on mortgage(s)? $____________ Monthly payment: $____________ 8. No loan will be granted to properties with an existing reverse amortization mortgage, interest-only option mortgage or other negative amortization mortgage product or products. Does your existing mortgage fall into one of these categories? (check one) Yes No  9. Do you have any other outstanding liens on the property? (check one) Yes No  If yes, what are they and what are the current balances? ________________________ 10. Is any portion of the dwelling rented? (check one) Yes No  11. Is a home occupation conducted from the residence? (check one) Yes No  12. Have your property taxes and/or any special assessments been paid up to date? (check one) Yes No  13. If you are recently divorced and retained the property, has a Quit Claim Deed been filed? (check one) Yes No  VII. PROJECT FINANCING Name and Address of Bank: _______________________________________ Contact:________________________________ _______________________________________ Phone:_________________________________ _______________________________________ Email:__________________________________ 181302v1 7 PROJECT SUMMARY : Requested Loan Amount: $__________________________________ Total Project Costs: $__________________________________ Project Start Date:___________________________ Expected Completion Date:__________________________ BRIEFLY DESCRIBE PROJECT :___________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ PROJECT DETAILS : Applicant $$ Private $$ Loan $$ Total Cost Total Project Costs and HRA Funds PROJECT FINANCING DETAILS: Applicant Bank Loan Loan Other Other Contribution Amount $ $ $ $ $ % of Total % % % % % Term of Loan Yrs Yrs Yrs Yrs Yrs Interest Rate % % % % % Monthly $ $ $ $ $ Payment Lien Position stndrd (1, 2, 3) Has this funding been approved? 181302v1 8 VIII. DEMOLITION  Applicants are encouraged to first consider the Elk River Fire Department's house burning/training program demolition option or submit three demolition bids. IX. CERTIFICATION Have any of the owners ever gone through bankruptcy? Yes No  If yes, when? __________________________________ Are all current and previous taxes due paid in full for the property and owners? Yes No  If no, please identify business/property for which there is delinquent taxes and the circumstances surrounding the delinquency: ____________________________________________________________________________________________ X. SIGNATURES By signing this form, I/we acknowledge that I/we have been informed of my/our rights regarding information collected from and about me/us for the purpose of determining my/our eligibility for the Elk River Program and its ongoing administration. I/We understand that the information in this application will be used to determine eligibility for the Elk River Program and that this information will be verified. I/We, the undersigned, certify, subject to penalty under Federal law, that the above information is true and correct to the best of my/our knowledge and belief, and I/we understand, accept and agree to the above provisions. PLEASE SIGN BELOW: _________________________ __________ _________________________ __________ Applicant Date Co-Applicant Date 181302v1 9 DEMOLITION LOAN APPLICATION (Business) I. APPLICANT INFORMATION APPLICATION DATE: Applicant Name: Title: SSN: Name of Business: Ownership:_____ Proprietorship:_____ Partnership:_____ Corporation:_____ Non-Profit:_____ Business Address: City State Zip Phone: Email: Website: Co-Applicant Name: Title: SSN: Phone: Email: Website: Business License #: Federal Tax ID#: Legal Structure of Business: (Sole Proprietorship, Partnership, S-Corp, C-Corp, LLC) Landlord (if applicable): Phone: Landlord Address: City State Zip Terms of Lease: Property Address of Proposed Demolition: Elk River 55330 II. CREDIT INFORMATION (attach additional sheet if necessary) Financial Institution/Creditor Current Balance Monthly Payment Mortgage(s): ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ Auto(s): ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ Credit Cards: ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ 181302v1 10 Other Loans: ___________________________ ____________________ ________________________ ___________________________ ____________________ ________________________ III. PROPERTY INFORMATION 1. Is the dwelling an owner-occupied single family home or duplex or commercial building located within Elk River? Yes No  2. Are you the owner of record on this property? (check one) Yes No  List all other owners of record: ______________________________________________________ If no, do you hold a contract for deed? (check one) Yes No  3. Year home was built: ____________ 4. Year home was purchased: ____________ 5. Purchase price: $____________ 6. Are you current on your mortgage payments? Yes No  If no, is/has your loan been modified? Yes No  If your loan has been modified please send the modification agreement signed by both lender and yourself. 7. What is (are) the outstanding balance(s) on mortgage(s)? $____________ Monthly payment: $____________ 8. No loan will be granted to properties with an existing reverse amortization mortgage, interest-only option mortgage or other negative amortization mortgage product or products. Does your existing mortgage fall into one of these categories? (check one) Yes No  9. Do you have any other outstanding liens on the property? (check one) Yes No  If yes, what are they and what are the current balances? ________________________ 10. Is any portion of the dwelling rented? (check one) Yes No  11. Is a home occupation conducted from the residence? (check one) Yes No  12. Have your property taxes and/or any special assessments been paid up to date? (check one) Yes No  13. If you are recently divorced and retained the property, has a Quit Claim Deed been filed? (check one) Yes No  IV. PROJECT FINANCING Name and Address of Bank: _______________________________________ Contact:________________________________ _______________________________________ Phone:_________________________________ _______________________________________ Email:__________________________________ 181302v1 11 PROJECT SUMMARY : Requested Loan Amount: $__________________________________ Total Project Costs: $__________________________________ Project Start Date:___________________________ Expected Completion Date:__________________________ BRIEFLY DESCRIBE PROJECT :___________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ PROJECT DETAILS : Applicant $$ Private $$ Loan $$ Total Cost Total Project Costs and HRA Funds PROJECT FINANCING DETAILS: Applicant Bank Loan Loan Other Other Contribution Amount $ $ $ $ $ % of Total % % % % % Term of Loan Yrs Yrs Yrs Yrs Yrs Interest Rate % % % % % Monthly $ $ $ $ $ Payment Lien Position stndrd (1, 2, 3) Has this funding been approved? 181302v1 12 V. DEMOLITION  Applicants are encouraged to first consider the Elk River Fire Department's house burning/training program demolition option or submit three demolition bids. VI. CERTIFICATION Have any of the owners ever gone through bankruptcy? Yes No  If yes, when? __________________________________ Are all current and previous taxes due paid in full for the property and owners? Yes No  If no, please identify business/property for which there is delinquent taxes and the circumstances surrounding the delinquency: ____________________________________________________________________________________________ VII. SIGNATURES By signing this form, I/we acknowledge that I/we have been informed of my/our rights regarding information collected from and about me/us for the purpose of determining my/our eligibility for the Elk River Program and its ongoing administration. I/We understand that the information in this application will be used to determine eligibility for the Elk River Program and that this information will be verified. I/We, the undersigned, certify, subject to penalty under Federal law, that the above information is true and correct to the best of my/our knowledge and belief, and I/we understand, accept and agree to the above provisions. PLEASE SIGN BELOW: _________________________ __________ _________________________ __________ Applicant Date Co-Applicant Date 181302v1 13 ADDENDUM TO APPLICATION Information for Government Monitoring Purposes The information being requested below is for determining compliance with federal equal credit opportunity, fair housing and home mortgage disclosure law. You are not required to furnish this information, but are encouraged to do so. The law provides that a Lender may not discriminate on the basis of this information, or on whether you choose to furnish the information. If you choose not to furnish this information and you have made the application in person, we are required to note ethnicity, race and sex on the basis of visual observation or surname. Please check below if you choose not to furnish the inforn1ation. DATE OF APPLICATION:____________________ APPLICANTCO-APPLICANT APPLICANT NAME: CO-APPLICANT NAME: o o I do not wish to furnish this information I do not wish to furnish this information ETHNICITY: (select only one) ETHNICITY: (select only one) o o Hispanic or Latino Hispanic or Latino o o Not Hispanic or Latino Not Hispanic or Latino oo oo GENDER: Female Male GENDER: Female Male RACE: (select one or more) RACE: (select one or more) o o White White o o Black/African American Black/African American oo Asian Asian oo American Indian/Alaska Native American Indian/Alaska Native oo Native Hawaiian/Other Pacific Islander Native Hawaiian/Other Pacific Islander o o American Indian/Alaska Native & White American Indian/Alaska Native & White o o Asian & White Asian & White o o Black/African American & White Black/African American & White o o American Indian/Alaska Native & Black/African American Indian/Alaska Native & Black/African American American o o Other Multi Racial Other Multi Racial ______________________________________ ___________________________________ APPLICANT SIGNATURE CO-APPLICANT SIGNATURE This Section For Lender Use Greater Metropolitan Housing Corporation Application received by:  mail  face-to-face interview  telephone Staff Name: ___________________________________________ Date:_____________________________ 181302v1 14 THIS FORM MUST BE SIGNED AND RETURNED WITH THE APPLICATION AUTHORIZATION TO RELEASE INFORMATION I have applied for a loan through the Elk River HRA. As part of the application process, city staff may verify information contained in my/our loan or grant application and in other documents required in connection with the loan. This verification process can be conducted either prior to closing or subsequent to closing, and may be performed either by city staff or by independent third parties, as a part of the origination, processing, underwriting, closing or quality control programs. I authorize you to provide to the City of Elk River and to any investor to whom the city may sell my loan, to any servicer or any funder of the program for which I have applied, any and all information and documentation that they request. Such information includes, but is not limited to employment history, income; bank, money market and other financial account balances; credit history; copies of income tax returns and property information. A copy of this authorization may be accepted as an original. Your prompt reply is appreciated. Thank you. ___________________________________ XXX-XX-_______ _____________ Print Name Social Security # (last 4 digits) Date ___________________________________ Signature NOTE: Use a separate form for each individual who is an applicant, guarantor or other individual whose Only one person signs each form information is considered in the application. . 181302v1 15