7.4. SR 05-18-2015 �j
Elk = - Request for Action
River
To Item Number
Mayor and City Council 7.4
Agenda Section Meeting Date Prepared by
Public Hearin May 18, 2015 Amanda Othoudt, EDD
Item Description Reviewed by
Resolution Approving Property Tax Abatements Cal Portner, City Administrator
and Authorizing Execution of a Tax Abatement Reviewed by
Agreement for GATR of Sauk Rapids, Inc.
Action Requested
1. Open public hearing to consider comment on the proposed tax abatement for GATR of Sauk Rapids,
Inc.
2. Following the public hearing, the Council is asked to consider adoption of the attached Resolution
Approving Property Tax Abatements and Authorizing Execution of a Tax Abatement Agreement for
GATR.
Background/Discussion
The City Council must hold a public hearing and invite comments for any business subsidy in the amount
greater than $150,000.
The attached staff report provides background on the project as considered by the EDA on May 18 for
land sale and tax abatement.
Financial Impact
Up to $546,814 in city tax abatement assistance, to be distributed "pay as you go" for 15 years. This
abates the entire city share of taxes on the property.
Attachments
• May 18, 2015, EDA Staff Report
• April 28, 2015, EDA Finance Committee Staff Report
• GATR Property Tax Abatement Application
• Springsted Analysis
• Resolution Approving Tax Abatement
• Property Tax Abatement and Subsidy Agreement
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�j
Elk = - Request for Action
River
To Item Number
Economic Development Authori 6.1
Agenda Section Meeting Date Prepared by
General Business Aril 28, 2015 Amanda Othoudt, EDD
Item Description Reviewed by
GATR of Sauk Rapids, Inc. Property Tax Cal Portner, City Administrator
Abatement Financing Reviewed by
Action Requested
Approve, by motion, and provide a recommendation to City Council for Tax Abatement Assistance for
GATR of Sauk Rapids, Inc.
Background/Discussion
The Finance Committee reviewed and recommended the EDA approve GATR's application for Property
Tax Abatement financing.
GATR is requesting a 15 year pay-as-you-go Tax Abatement from the City of Elk River for up to
$546,814. The tax abatement will allow GATR to purchase the property and provide operating flexibility.
The county also received a tax abatement application that they considered at their April 21s` County
Board meeting with formal review and a public hearing anticipated for May 19. The EDA and City
Council recently approved an amendment to the Business Subsidy Policy, allowing business subsidies for
service and retail commercial businesses.
The proposed project would consist of a 42,912 square foot facility with an estimated taxable value of
approximately $3.9 million. The project is estimated to generate $160,500 in total property taxes per year
upon completion. The city share of the property taxes abated per year equal approximately $36,454.
The project scored 43, at the higher end of the desirability range. Based on the analysis provided by
Springsted, it appears that GATR would not proceed with the project without assistance.
A public hearing has been scheduled for the May 18 City Council meeting to invite comments from the
public. A public hearing must be held for any business subsidy in the amount greater than $150,000.
Financial Impact
Up to $546,814 in city tax abatement assistance, to be distributed "pay as you go" for 15 years. This
abates the entire city share of taxes on the property.
Attachments
• Tax Abatement Application
• EDA Finance Committee Staff Memo
• Springsted Analysis (April 23, 2015)
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�j
Elk = - Request for Action
River
To Item Number
Economic Development Authority Finance Committee 4.1
Agenda Section Meeting Date Prepared by
General Business Aril 28, 2015 Amanda Othoudt, EDD
Item Description Reviewed by
GATR of Sauk Rapids, Inc. Tax Abatement review Jeremy Barnhart, Deputy Director, CODD
Reviewed by
Action Requested
Consider and provide recommendation to the EDA on the following GATR of Sauk Rapids, Inc. tax
abatement application.
Background/Discussion
The City has received an application for tax abatement for GATR of Sauk Rapids, Inc. The County has
also received a tax abatement application;they have considered that application at their April 21s` County
Board meeting with formal review and a public hearing anticipated for May 19d'. The EDA and City
Council recently approved an amendment to the Business Subsidy policy, allowing business subsidies for
service and retail commercial businesses.
GATR is a full-service heavy duty and medium duty truck dealer with locations in Cedar Rapids and Des
Moines, Iowa and Sauk Rapids, Minnesota which employ approximately 200 people. The proposal for
this project site is to provide new and used truck sales, rental, leasing parts and service. GATR Truck
Center would be a unique business in Elk River with no direct competitors within Sherburne County.
GATR is proposing to build a facility in Elk River in order to better provide service to customers in the
southeastern corner of their market area. Total sales generated from the property are expected to exceed
$20 million by 2017 and $30 million by 2023.
If approved, this would be the first project to break ground in Elk River's City Owned Nature's Edge
Business Center 2nd Addition. The proposed project would consist of a 42,912 square foot facility with an
estimated taxable value of approximately $3,900,000. The project is estimated to generate an approximate
$160,500 in property taxes per year upon completion. The company has applied for a 15 years of tax
abatement financing from the City of Elk River in the amount of$546,814. The tax abatement will allow
GATR of Sauk Rapids, Inc. to purchase the property and provide operating flexibility.
Tax Abatement
The attached memo from Springsted summarizes the analysis completed to date. The project includes
the creation of 63 new jobs. The project scored 43, at the higher end of the desirability range. Mikaela
Huot will be at the meeting on Tuesday to verbally support the analysis.
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Staff's review assumes abating taxes of the entire property for 15 years. Based on the analysis provided by
Springsted, it appears that GATR of Sauk Rapids, Inc.would not proceed with the project without
assistance.
Attachments
• Springsted Analysis (April 23, 2015)
• Tax Abatement Application
In accordance with MN State Statute 3.591 BUSINESS DATA. Subdivision 1, the following data,
that are submitted to a government entity by a business requesting financial assistance or a benefit
financed by public funds, are private or nonpublic data: financial information about the business,
including credit reports; financial statements;net worth calculations; business plans; income and
expense projections;balance sheets; customer lists; income tax returns;and design, market, and
feasibility studies not paid for with public funds are not included in this packet.
N:APublic Bodies\Agenda Packets\05-18-2015\Final\x7.4 at2 GATR EDA Finance Committee Staff Reportdocx
ilk 2015 Financial Incentive Application
River Tax Abatement
I. PROIOCT INFORMATION
Proper PropeW In orm tion
O le as ep6 w) Q 0105
Address: L o S I Art B i l o K I Parcel Number: 75 -
Z1k P a
Q_
e, N,t�vras :��c BN51nc55 CP"4VK 15 8z�b olla C
The project w ll be: ^p
_ Indus[ al: ` New Construction _ Expansion _Redevelopment / Rehab.
_Office/ -esearch facility mat confunns to Business Park zoning standards
Q Comm rcialRedevelopmentorRehabibtation (new Consi&mc4'ton) TuAckSAles Wrpr ivuilolll
Other trily e0.rnit+ea in incios4t -;AI unCS
In addition
The project
Total Amot
Current Real
City of Elk River, applicant is requesting Tax Abatement from:
Sherburne County School District 728
11 be: � Owner Occupied _ Leased Snace Qk o
I OZ�b rr
of Tax Abatement Requested: $� 19 5 a 0 t�
over ' C 1v ars..
City Portion: Annual $_ G , 4 54 Total $fiinn 6 n 1 �Q
County Portion: annual $ Total $__4
ISD 728 Portion: Annual $ T tal $
?state Taxes on Project Site: $
Estimated Re it Estate Taxes upon Completion: Phase I $ 1 6D, 5h bPhase II $
Construction Start Date Nh � 15 Construction Completion Date No" Z p 15
Percent of pr jest complete on December 31, current year. 1 0 0 o /°
II. CON ACT INFORMATION
Name:
Address:
(Pleare print)
= I K Koit
o b 5 who w-k
Phone
E- mailaddress: Oil'h 0V
�( = lkt -;vtti MN 5533n
City, Statc Zip Code
Legal Name 4 of Business: V A T K 01 S a n I/\ / � O pi a� f ( M o
Check One: Proprietor X Corporation Partnership
Federal Ill
State ID #
C:\ tkcrs \11'imOf�cc \Ucskb,p \UaycAlan Grnnp\rlu nt > \I(CUN DP; \' \Spurtcch, Inc \FxpanA4aa \Fours from City \FDA tax almtownt
appl;cadanJocs 2/3/1)15 Last Modificd
At,ent I nforr iation (print) Same as Property Owner 0 Different, as below It (Check one)
Name: o I t Dt C k-C FJ _ E -mail address: M N un it P d -eg.. k-Ln n o uP. LCD wl
Address: q IZ Ms1iN GJt NW G V14V 2-60 MN 5,5,3 ?0
Strce City State 'Lip Code
Phone (w):
III. SIGNATURE
I certify that &A T R T W r k e tis dd of ed as a small business, For - Profit and is not a religious,
(Business name)
political, casin , sports facility, or pornographic enterprise. I further certify that all information provided in
this application is true and correct to the best of my knowledge. I authorize the city of Elk River and the
Finance Committee to check credit refers :s ate« ifs �:aii.cial -aiid other information. I further agree, if
approved, tot he loan security and guarantees required by the Subsidy policy. I agree to provide any
additional information as may be requested by the city and the Finance Committee.
Agreement to Pay Costs of Review
It is the policy of the City of Elk River to require applicants to pay costs incurred by the City in reviewing and
acting upon a plications, so that these costs are not borne by the taxpayers of the City. These costs include
all of the City' out -of- pocket costs for expenses, including the City's costs for review of the application by
the City's Financial Consultant and City Attorney, or other consultants, recording fees, and necessary
publication colts.
The application processing fees cover anticipated costs; costs incurred above the application fee will be
invoiced as they are incurred, and payment will be due within thirty (30) days. Application fees are not
refundable, though any unused portion is returned at the request of the applicant. If payment is not received
as required by this agreement, the City may suspend the application review process and may deny the
application foi failure to comply with the requirements for processing the application. Payment for costs will
be required wl ether the application is granted or denied.
The undersigr ed has received the City's policy regarding the payment of costs of review, understands that
reimburseme to the City of costs incurred in reviewing the application will be required, agrees to reimburse
the City as rec uired in the policy and make payment when billed by the City, and agrees that the application
maybe denied p
for failure to reimburse the City for costs as provided in the olicy.
Note: All Maj r shareholders will be required tasign personal guarantees and a minimum assessment
agreement if front financing of the project i quired.
APPLICAN SIGNATURE
TITLE O V11 P Ft �' j d e ht DATE v u r r-, ( Z Q
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application.docx
2/3/2015 Last Modified
IV. PUBLIC PURPOSE
It is the policy of the City of Elk River that the use of Tax Abatement should result in a benefit to
the public. Please indicate how this project will serve a public purpose:
�Ljob Creation /Retention (Complete table in Section V)
_N w industrial development which will result in additional private
in estment in the area. New Lpvv+v+%�rLCAAJ deJ�lOPv\ -,e►.�
Et hancement and /or diversification of the City of Elk River's economic base.
A_T e project contributes to the fulfillment of the City's Economic Development
St ategic Plan.
Re oval of blight.
Rehabilitation of a high profile or priority site.
J:Si'ificantly increase the City's tax base.
V. JOB'& WAGE GOALS N ple�dse see
oij.k} ovlod de.}�►i I Avel�o►t�e
�i�.lY bPl�rh�5
Hourly Wage
(excluding j
Benefits)
A. Existing
Jobs Retained
B. (New) Full-
time Job
Creation
within 2 years
C. (New)
Part -time Job
Creation
within 2 years
Total Jobs
(A +B +C)
Hourly Value of
Health
Insurance
Hourly Value of
Non - Health
Insurance
Benefits
$9.00 to $10.99
$
$
$11.00 to $12.99
$ 4.16
$
$13.00 to $14.99
$ 4 3 �
$
$15.00 to $16.99Q
$ 9•.53
$
$17.00 to $18.99
U
$ qr-
$
$19.00 to $20.99
Z 6
$ 7 I
$
$21.00 to $22.99
$
$
$23.00 to $24.99
`
$
$
$25.00 to $26.99 11
$ 5.4 O
$
$27.00 to $28.99
$
$
to $36.99
F$29.00
$31.00 and higher
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application. docx
2/3/2015 last Modificd
VI. SOURCES & USES
Generally, coi
financial assis
Calculations, 1
returns. Wh(
Income and I
not paid for 1
directly to the
�spondence to and from Staff is considered public information. Specific data related to a
nce request is deemed not public: Financial Information, Financial Statements, Net Worth
zsiness Plans, Income and Expense projections, Balance Sheets, Customer Lists, Income Tax
public financial assistance is received, only the following remains not public: Business Plans,
pense projections, Customer lists, Income tax returns, design, market, and feasibility studies
th public funds. The city does allow an applicant to submit sensitive financial information
:ity's financial consultant, for additional security.
NAME
Bank
Private Funds
Cash Equity
Fed C
rant /Loan
State
rant /Loan
EDA
Micro Loan
Tax
batement
ID B
nds
TOT
LanTevelooff
cquisid
Site
-ry & Equipment
:tural & Engineering Fees
MlL-451 Jnd?-vtfvlt`(
During Construction
rvice Reserve
pnY as ou o
AMOUNT
$ 51 Zoo, 000
$
$
$
$
$
$_15,Z49 °►5
AMOUNT
$ i,316, b15
$ I, 400. 000
D o Z
1.� 00X000
$
$
$ IJ5Qoj 000
$ 13 Z4p °
\Tim0ffice\ Desktop \Dec1Jan (;roup \Clients \IsCONI)EV \sportech, Inc \F,xpansion \Forms from City\FDA tax abatement
application.docx
2/3/2015 Last Modified
DRAFT MEMORANDUM
TO: Amanda Othoudt, Economic Development Director
FROM: Mikaela Huot, Vice President/Consultant
DATE: April 24, 2015
SUBJECT: GATR Proposed Tax Abatement – Project Analysis
The City of Elk River has asked Springsted to evaluate a tax abatement request for assistance submitted by the
developer, GATR Truck Center. (GATR). The developer proposes to purchase land from the Economic Development
Authority of the City located within the 2nd phase of the Nature’s Edge Business Center and construct an approximate
42,912 square foot facility. GATR Truck Center is a full service heavy and medium truck dealership. The proposal
for this project site is to provide new and used truck sales, rental, leasing parts and service. GATR anticipates
having 100-150 trucks in inventory, with customer and service trailers stored on the lot periodically. The purchase
price of the land from the City is $2.25/SF for a total of $1,316,695. According to the applicant, the tax abatement
assistance will be used as annual cash flow to support debt service on the approximate $13.25M project to be
financed with a combination of debt and equity.
The purpose of this memo is to summarize the analysis that Springsted prepared, including the estimate of tax
abatement revenues for the project and to assist with determining whether the project as proposed is likely to
proceed “but for” the requested tax abatement assistance. The analysis is based on our review of the project
components and financials and general rationale for assistance as submitted by the developer.
There are several methods available to determine if a project would proceed “but for” the assistance. An analysis
comparing the rates of return with and without assistance is a common method used to analyze the “but for” test.
However, in some cases, a review of the project’s sources and uses of funds and operating cash flow performance is
done to determine if an operating gap exists or if the project performance is not expected to meet minimum financing
requirements and return thresholds to assist with determining that a project meets the “but for” test. If, following the
review, it is determined that the project has a shortage of debt, cash, and/or equity based on the projected value of
the project upon completion and net operating income available to support debt service, it can be determined that the
project would not proceed “but for” the assistance. It is important to note that tax abatement does not statutorily
require a “but for” analysis to determine if the project would proceed without assistance, however it must be
determined that the project is in the public interest and that the benefits outweigh the costs and the City’s current tax
abatement policy requires this finding be made.
Springsted Incorporated
380 Jackson Street, Suite 300
Saint Paul, MN 55101-2887
Tel: 651-223-3000
Fax: 651-223-3002
www.springsted.com
City of Elk River, Minnesota
GATR request for Tax Abatement
April 24, 2015
Page 2
Tax Abatement Assumptions
Springsted made certain assumptions to calculate the estimated amount of tax abatement revenue generated by the
proposed new project. Those assumptions include the following:
City of Elk River proposed tax abatement
o Abate incremental land & building value:
o PID: 75-828-0110
o EMV as of Jan. 2, 2014 for taxes payable 2015 is $7500
Assumed to be ‘base’ value of abatement
Value estimate provided by Sherburne County website
o EMV as of Jan. 2, 2016 for taxes payable 2017 is $3,900,000
Land: $1,550,000
Building: $2,350,000
Total Value: $3,900,000
Value estimate provided by County Assessor
Abatement term and participation
o City for up to 15 years
First Year of Abatement
o Taxes payable 2017
o Construction complete by December 31, 2015
2015 tax rates remain constant through term (Rates Provided by Sherburne County)
o City : 47.190%
Class rates remain constant through abatement term
Fiscal disparities contribution - NA
0% annual market value inflator assumed
Present Value Assumptions
o 4% Discount Rate
o Dated Date of December 31, 2015
Tax Abatement Revenue Estimates
GATR
Abatement Project City Abatement
Estimated Annual Tax Abatement Revenue $36,454
Total Estimated Tax Abatement Revenues (15 Years) $546,814
Estimated Present Value of Total Revenues $389,722
City of Elk River, Minnesota
GATR request for Tax Abatement
April 24, 2015
Page 3
The above table illustrates the projected net revenues that tax abatement would generate for the proposed term of 15
years for the City. The company has also requested tax abatement assistance from the County for a term of 12
years. The estimated total abatement revenues as requested from the County are equal to $481,848. The maximum
abatement term for the City is up to 20 years if only 1 or 2 entities participate in the abatement or the City receives
written denial of participation from one of the other taxing entities (County or School District). All participation levels
and amounts would be subject to individual policy and Board decisions following anticipated public hearings.
Revenues captured through tax abatement and provided as reimbursement to the property owner for certain costs
must be used only for those properties that benefit from the tax abatement.
Developer Request for Tax Abatement Assistance
The developer submitted a request for tax abatement assistance from the City of Elk River and Sherburne County to
assist with financing the proposed $13.25 million acquisition and subsequent construction of City-owned property
located in the 2nd phase of the Nature’s Edge Business Center. The developer has requested approximately
$546,810 in abatement assistance over 15 years from the City and $481,848 over 12 years from the County.
The Developer’s submittal includes a preliminary total project budget of $13,249,495 as shown in the table below.
Project Costs Total Cost Sources of Funds Total Sources
Land Acquisition $1,316,695 Bank Loan $5,200,000
Site Development $1,400,000 Equity $8,049,495
Construction $5,450,000
Machinery & Equipment * $1,082,800
Parts/Inventory * $1,500,000
Contingency $2,500,000
Total Costs $13,249,495 Total Sources $13,249,495
* assumed to be business costs, as opposed to real estate investment costs
Project Financing
There are generally two ways in which assistance can be provided for most projects, either upfront or on a pay-as-
you-go basis. With upfront financing, the City would finance a portion of the Developer’s initial project costs through
the issuance of bonds or as an internal loan. Future revenues would be collected by the City and used to pay debt
service on the bonds or repayment of the internal loan. With pay-as-you-go financing, the Developer would finance
all project costs upfront and would be reimbursed over time for a portion of those costs as revenues are available.
Pay-as-you-go-financing is generally more acceptable than upfront financing for the City because it shifts the risk for
repayment to the Developer. If revenues are less than originally projected, the Developer receives less and therefore
bears the risk of not being reimbursed the full amount of their financing. However, in some cases pay as you go
financing may not be financially feasible. With bonds, the City would still need to make debt service payments and
City of Elk River, Minnesota
GATR request for Tax Abatement
April 24, 2015
Page 4
would have to use other sources to fill any shortfall of revenues. With internal financing, the City reimburses the loan
with future revenue collections and may risk not repaying itself in full if revenues are not sufficient. The form of
financial assistance proposed in this case is pay-as-you-go financing.
Developer Proforma “But For” Analysis
In approving an abatement project, the Elk River EDA has requested that a finding be made that the proposed project
would not reasonably be expected to occur solely through private investment within the reasonably foreseeable
future. The developer has provided a “but-for” argument stating that the financial assistance from the City is
necessary to provide sufficient project cash flow and market returns to investors that will achieve project feasibility.
The developer has stated the assistance is necessary due to the costs of developing the site and inability of the
project to fully support those costs upon completion. The current estimated project costs are in excess of the
estimated future value of the building upon development as provided by the County. Based on this analysis, the EDA
could be justified in determining that the project meets the “but for” test and would not proceed without assistance.
As stated tax abatement does not statutorily require a “but for” analysis to determine if the project would proceed
without assistance. A city, county or school district may grant a tax abatement, by contract or otherwise, of the
taxes imposed by the city on a parcel of property, which may include personal property and machinery, or defer the
payments of the taxes and abate the interest and penalty that otherwise would apply, if:
● it expects the benefits to the city of the proposed abatement agreement to at least equal the costs to the city
of the proposed agreement or intends the abatement to phase-in a property tax increase, as provided in
clause (2)(vii); and
● it finds that doing so is in the public interest because it will:
o increase or preserve tax base;
o provide employment opportunities in the political subdivision;
o provide or help acquire or construct public facilities;
o help redevelop or renew blighted areas;
o help provide access to services for residents of the political subdivision;
o finance or provide public infrastructure;
o phase-in a property tax increase on the parcel resulting from an increase of 50 percent or more in
one year on the estimated market value of the parcel, other than increase attributable to
improvement of the parcel; or
o stabilize the tax base through equalization of property tax revenues for a specified period of time
with respect to a taxpayer whose real and personal property is subject to valuation under
Minnesota Rules, chapter 8100.
The developer has indicated that the abatement revenues are necessary to ensure business sustainability and
support projected annual debt service. The implication being that “but for” abatement assistance the project will not
proceed.
City of Elk River, Minnesota
GATR request for Tax Abatement
April 24, 2015
Page 5
The Developer’s submittal includes a 15 year financial and cash flow projection and proforma with and without
abatement assistance. The 15 year financial and cash flow projection indicates negative income before taxes for the
first 8 years, and increasingly stabilizing each year, followed by positive income for the remaining 7 years. The
proforma with and without tax abatement is an analysis of the developer’s use of the annual abatement revenues to
reduce the mortgage liability on the property and increase the projected return on equity for the project. The analysis
indicates the tax abatement assistance will have a positive impact on the return.
Conclusion
The developer has requested assistance in the amount of $546,810 from the City of Elk River and that the project
would not be feasible without assistance as demonstrated by the return on equity comparisons. There are several
methods to determine if a project would proceed “but for” assistance. Based on the available information, in this case
a debt service and project cash flow gap analysis was utilized to test the viability of the project. The tables as
provided in the application indicate that the tax abatement assistance reduces the annual debt service burden on
project cash flows and improve the projected return on equity. “But for” abatement assistance, a reduction in
operating and/or borrowing costs, or increased revenues or some combination of the above, the developer has
indicated the project as proposed would not go forward. In addition, it is important to note that the developer has
indicated that the project will aid in the creation of 63 new jobs in the City of Elk River.
Thank you for the opportunity to be of assistance to the City of Elk River. Please contact me at 651-223-3036 or
mhuot@springsted.com with any questions or to discuss.
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2
TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT
BY AND BETWEEN
CITY OF ELK RIVER, MINNESOTA
AND
GATR OF SAUK RAPIDS, INC.
461344v3 JSB EL185-32
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS............................................................................................. 1
Section 1.1 Definitions........................................................................................ 1
ARTICLE II REPRESENTATIONS AND WARRANTIES ............................................. 3
Section 2.1 Representations and Warranties of the City....................................... 3
Section 2.2 Representations and Warranties of the Developer ............................. 3
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY...................................... 5
Section 3.1 Construction of Project and Reimbursement of Tax Abatement
PropertyCost.................................................................................... 5
Section 3.2 Limitations on Undertaking of the City............................................. 5
Section 3.3 Commencement and Completion of Construction............................. 5
Section 3.4 Damage and Destruction................................................................... 5
Section 3.5 Change in Use of Project .................................................................. 5
Section 3.6 Prohibition Against Transfer of Project and Assignment of
Agreement........................................................................................ 5
Section 3.7 Real Property Taxes.......................................................................... 6
Section 3.8 Business Subsidies Act..................................................................... 6
Section 3.9 Duration of Abatement Program....................................................... 8
ARTICLE IV EVENTS OF DEFAULT.............................................................................. 9
Section 4.1 Events of Default Defined................................................................. 9
Section 4.2 Remedies on Default......................................................................... 9
Section 4.3 No Remedy Exclusive ...................................................................... 9
Section 4.4 No Implied Waiver........................................................................... 9
Section 4.5 Agreement to Pay Attorney's Fees and Expenses............................ 10
Section 4.6 Release and Indemnification Covenants.......................................... 10
ARTICLE V ADDITIONAL PROVISIONS................................................................... 11
Section 5.1 Conflicts of Interest........................................................................ 11
Section 5.2 Titles of Articles and Sections......................................................... 11
Section 5.3 Notices and Demands ..................................................................... 11
Section5.4 Counterparts................................................................................... 11
Section 5.5 Law Governing............................................................................... 11
Section5.6 Duration ......................................................................................... 12
Section 5.7 Provisions Surviving Rescission or Expiration................................ 12
-i-
4613440 JSB EL185-32
TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT
THIS AGREEMENT, made as of the day of June, 2015, by and among the City of
Elk River, Minnesota (the "City"), a municipal corporation and political subdivision of the State
of Minnesota, and GATR of Sauk Rapids, Inc., a Minnesota corporation (the "Developer").
WITNESSETH:
WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the
City has established a Tax Abatement Program; and
WHEREAS, the City believes that the development and construction of a certain Project
(as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the
City, will result in preservation and enhancement of the tax base, provide employment
opportunities and are in accordance with the public purpose and provisions of the applicable state
and local laws and requirements under which the Project has been undertaken and is being
assisted; and
WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section
I I6J.993 through I I6J.995, apply to this Agreement; and
WHEREAS, the City has adopted criteria for awarding business subsidies that comply
with the Business Subsidy Law, after public hearings for which notice was published; and
WHEREAS, the Council has approved this Agreement as a subsidy agreement under the
Business Subsidy Law.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein
shall have the following meanings unless a different meaning clearly appears from the context:
Agreement means this Tax Abatement and Business Subsidy Agreement, as the same
may be from time to time modified, amended or supplemented;
Benefit Date means the date on which a Certificate of Occupancy for the Project is issued
by the City;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
City means the City of Elk River, Minnesota;
4613440 JSB EL185-32
County means Sherburne County, Minnesota;
Developer means GATR of Sauk Rapids, Inc., a Minnesota corporation, its successors
and assigns;
Event of Default means any of the events described in Section 4.1;
Project means the construction of an approximate 42,912 square foot full service heavy
and medium truck dealership to be located within the 2nd phase of the City's Nature's Edge
Business Center located in the City;
RAN Properties means RAN Properties, L.L.C., a Minnesota limited liability company,
its successors and assigns;
State means the State of Minnesota;
Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815;
Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes,
Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project;
Tax Abatement Propert y means all and any portion of the real property currently
identified as Lots 1 and 2, Block 1, 2nd Phase Nature's Edge Business Park, Parcel ID # 75-828-
0110, located in the City;
Tax Abatements means the City's share of annual real estate taxes on the Tax Abatement
Property above the current land value of$7,500, abated in accordance with the Tax Abatement
Program.
4613440 JSB EL185-32
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties of the City. The City makes the following
representations and warranties:
(1) The City is a municipal corporation and a political subdivision of the State and
has the power to enter into this Agreement and carry out its obligations hereunder.
(2) The Tax Abatement Program was created, adopted and approved in accordance
with the terms of the Tax Abatement Act.
(3) To finance the costs of the Project to be undertaken by or on behalf of the
Developer, the City proposes, subject to the further provisions of this Agreement, to convey the
Tax Abatement Property to the Developer and apply the Tax Abatements to reimburse the
Developer for a portion of the costs of the Tax Abatement Property as further provided in this
Agreement.
(4) The City has made the findings required by the Tax Abatement Act for the Tax
Abatement Program.
Section 2.2 Representations and Warranties of the Developer. The Developer makes the
following representations and warranties:
(1) The Developer has the power to enter into this Agreement and to perform its
obligations hereunder and is not in violation of its articles, operating agreement or member
control agreement or any local, state or federal laws.
(2) The Developer is a corporation validly existing under the laws of this State and
has full power and to enter into this Agreement and carry out the covenants contained herein.
(3) The Developer will construct the Project or cause the Project to be constructed in
accordance with the terms of this Agreement and all local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, energy conservation, building code and
public health laws and regulations).
(4) The Developer will obtain or cause to be obtained, in a timely manner, all
required permits, licenses and approvals, and will meet, in a timely manner, all requirements of
all applicable local, state, and federal laws and regulations which must be obtained or met before
the Project may be lawfully constructed
(5) The construction of the Project would not be undertaken by or on behalf of the
Developer, and in the opinion of the Developer would not be economically feasible within the
reasonably foreseeable future, without the assistance and benefit to the Developer provided for in
this Agreement.
4613440 JSB EL185-32
(6) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(7) The Developer will cooperate fully with the City with respect to any litigation
commenced with respect to the Project but only to the extent that the City and the Developer are
not adverse parties to the litigation.
(8) The Developer will cooperate fully with the City in resolution of any traffic,
parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Project.
4613440 JSB EL185-32
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1 Construction of Project and Reimbursement of Tax Abatement Property
Cost.
(1) The costs of the Tax Abatement Property and the construction of the Project shall
be paid by the Developer or RAN Properties and none of such costs shall be paid by the City
except as reimbursed as specifically provided in this Agreement. The Developer will construct
the Project or cause the Project to be constructed in accordance with the approved construction
plans and at all times prior to the termination of this Agreement will operate and maintain,
preserve and keep the Project or cause the Project to be maintained, preserved and kept with the
appurtenances and every part and parcel thereof, in good repair and condition.
(2) Upon submission to the City of paid invoices for site development costs of the
Tax Abatement Property in an amount not less than the Reimbursement Amount, the City shall
reimburse the Developer for site development costs of the Tax Abatement Property actually
incurred in an amount not to exceed $546,814 (the "Reimbursement Amount") pursuant to the
Abatement Program as provided in Section 3.9.
Section 3.2 Limitations on Undertaking of the City. Notwithstanding the provisions of
Section 3.1, the City shall have no obligation to reimburse the Developer for the site
development costs of the Tax Abatement Property, if the City, at the time or times such payment
is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a
result of an Event of Default which has not been cured.
Section 3.3 Commencement and Completion of Construction.
The Developer shall complete the Project or cause the Project to be completed by
December 31, 2015. All work with respect to the Project to be constructed or provided by or on
behalf of the Developer shall be in conformity with the construction plans as submitted by the
Developer and approved by the City.
Nothing in this Agreement shall be deemed to impair or limit any of the City's rights or
responsibilities under its zoning laws or construction permit processes.
Section 3.4 Damage and Destruction. In the event of damage or destruction of the
Project the Developer shall repair or rebuild the Project or cause the Project to be repaired or
rebuild.
Section 3.5 Change in Use of Project. The City's obligations pursuant to this Agreement
shall be subject to the continued operation of the Project by the Developer.
Section 3.6 Prohibition Against Transfer of Project and Assignment of Agreement. The
Developer represents and agrees that prior to the termination date of this Agreement the
4613440 JSB EL185-32
Developer shall not transfer the Project or any part thereof or any interest therein, except
between the Developer and RAN Properties, without the prior written approval of the City. The
City shall be entitled to require as conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and financial responsibility,
in the reasonable judgment of the City, necessary and adequate to fulfill the obligations
undertaken in this Agreement by the Developer.
(2) Any proposed transferee, by instrument in writing satisfactory to the City shall,
for itself and its successors and assigns, and expressly for the benefit of the City, have expressly
assumed all of the obligations of the Developer under this Agreement and agreed to be subject to
all the conditions and restrictions to which the Developer is subject.
(3) There shall be submitted to the City for review and prior written approval all
instruments and other legal documents involved in effecting the transfer of any interest in this
Agreement or the Project.
Section 3.7 Real Property Taxes. The Developer shall, so long as this Agreement
remains in effect, pay or cause to be paid all real property taxes with respect to all parts of the
Tax Abatement Property acquired, owned or leased by it or acquired and owned by RAN
Properties which are payable pursuant to any statutory or contractual duty that shall accrue
subsequent to the date of its acquisition of title to the Tax Abatement Property (or part thereof)
and until title to the property is vested in another person. The Developer agrees that for tax
assessments so long as this Agreement remains in effect:
(a) It will not seek administrative review or judicial review of the
applicability of any tax statute relating to the ad valorem property taxation of real
property contained on the Tax Abatement Property determined by any tax official to be
applicable to the Project or the Developer or raise the inapplicability of any such tax
statute as a defense in any proceedings with respect to the Tax Abatement Property,
including delinquent tax proceedings; provided, however, "tax statute" does not include
any local ordinance or resolution levying a tax;
(b) It will not seek administrative review or judicial review of the
constitutionality of any tax statute relating to the taxation of real property contained on
the Tax Abatement Property determined by any tax official to be applicable to the Project
or the Developer or raise the unconstitutionality of any such tax statute as a defense in
any proceedings, including delinquent tax proceedings with respect to the Tax Abatement
Property; provided, however, "tax statute" does not include any local ordinance or
resolution levying a tax;
(c) It will not seek any tax deferral or abatement, either presently or
prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or
federal law, of the ad valorem property taxation of the Tax Abatement Property so long
as this Agreement remains in effect.
4613440 JSB EL185-32
Section 3.8 Business Subsidies Act.
(1) In order to satisfy the provisions of Minnesota Statutes, Sections 1161993 to
1161995 (the "Business Subsidies Act"), the Developer acknowledges and agrees that the
amount of the "Business Subsidy" granted to the Developer under this Agreement is the value of
a portion of the Tax Abatement Property, which is approximately $546,814, and that the
Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to
undertake without the Business Subsidy. The public purpose of the Business Subsidy is to
increase the tax base in the City. The Developer represents that it currently has in the state 230
full-time equivalent permanent employees and they agree that it will meet the following goals
(the "Goals"): it will create at least 15 full time jobs in connection with the development of the
Development Project at an hourly wage of at least $19.00 per hour, excluding benefits, within
two years from the Benefit Date, which is the date the Developer or RAN Properties receives a
certificate of occupancy for the Project.
(2) If none of the Goals are met, the Developer agrees to repay all of the Business
Subsidy to the City, plus interest ("Interest") set at the implicit price deflator defined in
Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date,
compounded semiannually. If the Goals are met in part, the Developer will repay a portion of
the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a
fraction, the numerator of which is the number of jobs in the Goals which were not created at the
wage level set forth above and the denominator of which is 15 (i.e. number of jobs set forth in
the Goals).
(3) The Developer agrees to (i) report its progress on achieving the Goals to the City
until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals
are not met, until the date the Business Subsidy is repaid, (ii) include in the report the
information required in Section 116J.994, Subdivision 7 of the Business Subsidies Act on forms
developed by the Minnesota Department of Employment and Economic Development, and (iii)
send completed reports to the City. The Developer agrees to file these reports no later than
March 1 of each year commencing March 1, 2016, and within 30 days after the deadline for
meeting the Goals. The City agrees that if it does not receive the reports, it will mail the
Developer a warning within one week of the required filing date. If within 14 days of the post
marked date of the warning the reports are not made, the Developer agrees to pay to the City a
penalty of$100 for each subsequent day until the report is filed up to a maximum of$1,000.
(4) The Developer agrees to continue operations of the Project for at least five (5)
years after the Benefit Date.
(5) Other than the Tax Abatements and comparable tax abatements from the County,
there are no other state or local government agencies providing financial assistance for the
Project other than the City and the County.
(6) There is no parent corporation of the Developer.
4613440 JSB EL185-32
Section 3.9 Duration of Abatement Program. The Tax Abatement Program shall exist
for a period of up to 15 years beginning with real estate taxes payable in 2017 through 2031. On
or before February 1 and August 1 of each year commencing August 1, 2017 until the earlier of
the date that the Developer shall have received the Reimbursement Amount or February 1, 2032
the City shall pay the Developer the amount of the Tax Abatements received by the City in the
previous six month period. The City may terminate the Tax Abatement Program and this
Agreement at an earlier date if an Event of Default occurs and the City rescinds or cancels this
Agreement.
4613440 JSB EL185-32
ARTICLE IV
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean whenever it is used in this
Agreement any one or more of the following events:
(1) Failure by the Developer to timely pay or cause to be paid any ad valorem real
property taxes, special assessments, utility charges or other governmental impositions with
respect to the Project.
(2) Failure by the Developer to construct or cause the construction of the Project to be
completed pursuant to the terms, conditions and limitations of this Agreement.
(3) Failure by the Developer to observe or perform any other covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section
4.1 occurs and is continuing, the City, as specified below, may take any one or more of the
following actions after the giving of 30 days' written notice to the Developer citing with
specificity the item or items of default and notifying the Developer that it has 30 days within
which to cure said Event of Default. If the Event of Default has not been cured within said 30
days:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement.
(b) The City may cancel and rescind this Agreement.
(c) The City may take any action, including legal or administrative action, in
law or equity, which may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant of the Developer under this
Agreement.
Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the
City is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof but any such right and power may be exercised from
time to time and as often as may be deemed expedient.
Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by the other party, such waiver shall be
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limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the City shall employ attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer herein contained, the Developer agrees that
they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such
other expenses so incurred by the City.
Section 4.6 Release and Indemnification Covenants.
(1) The Developer releases from and covenants and agrees that the City and its
governing body members, officers, agents, servants and employees shall not be liable for and
agrees to indemnify and hold harmless the City and its governing body members, officers,
agents, servants, and employees against any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the Project.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of
the following named parties, the Developer agrees to protect and defend the City and its
governing body members, officers, agents, servants and employees, now or forever, and further
agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding
whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of
the obligations of the Developer under this Agreement, or the transactions contemplated hereby
or the acquisition, construction, installation, ownership, leasing, maintenance and operation of
the Project.
(3) The City and its governing body members, officers, agents, servants and
employees shall not be liable for any damages or injury to the persons or property of the
Developer or its officers, agents, servants or employees or any other person who may be about
the Project due to any act of negligence of any person.
(4) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City in the individual capacity thereof.
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ARTICLE V
ADDITIONAL PROVISIONS
Section 5.1 Conflicts of Interest. No member of the governing body or other official of
the City shall participate in any decision relating to this Agreement which affects his or her
personal interests or the interests of any corporation, partnership or association in which he or
she is directly or indirectly interested. No member, official or employee of the City shall be
personally liable to the City in the event of any default or breach by the Developer or successor
or on any obligations under the terms of this Agreement.
Section 5.2 Titles of Articles and Sections. Any titles of the several parts, articles and
sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 5.3 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
(1) in the case of the Developer is addressed to or delivered personally to:
GATR of Sauk Rapids, Inc.
218 Stearns Drive
PO Box 367
Sauk Rapids, MN 56379
Attention: Robert Neitzke
(2) in the case of the City is addressed to or delivered personally to the City at:
City of Elk River
Elk River City Hall
13065 Orono Parkway
Elk River, MN 55330-5600
Attn: Director of Economic Development
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section.
Section 5.4 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 5.5 Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State of Minnesota.
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Section 5.6 Duration. This Agreement shall remain in effect through the earlier of the
date the Developer receives the Reimbursement Amount or February 1, 2032, unless earlier
terminated or rescinded in accordance with its terms.
Section 5.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising out
of any event, occurrence or circumstance existing prior to the date thereof.
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IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and on its behalf, and the Developer has caused this Agreement to be duly executed in its
name and on its behalf, on or as of the date first above written.
GATR OF SAUK RAPIDS, INC.
By
Its
By
Its
This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between
the City of Elk River, Minnesota and GATR of Sauk Rapids, Inc.
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CITY OF ELK RIVER, MINNESOTA
By
Its Mayor
By
Its City Clerk
This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between
the City of Elk River, Minnesota and GATR of Sauk Rapids, Inc.
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City of
Elk CITY OF ELK RIVER
River
RESOLUTION #2015-
APPROVING PROPERTY TAX ABATEMENT FOR
CERTAIN REAL PROPERTY IN THE CITY PURSUANT TO
MINNESOTA STATUTES, SECTIONS 469.1812 TO 469.1815
AND SPECIFYING THE TERMS THEREOF
WHEREAS, the City of Elk River, Minnesota (the "City") is authorized by Minnesota Statutes,
Sections 469.1812 to 469.1815 (the "Abatement Act") to grant a property tax Abatement (as defined in
Section 3 of this resolution) in order to achieve one or more public purposes identified in the
Abatement Act;
WHEREAS, the City has reviewed a proposal by GATR of Sauk Rapids, Inc. (the
"Developer") to construct an approximate 42,912 square foot full service heavy and medium truck
dealership (the "Facility") to be located within the 2nd phase of the City's Nature's Edge Business
Center located in the City on the property identified as Lots 1 and 2,Block 1, 2nd Phase Nature's Edge
Business Park,tax parcel number 75-828-0110 (the "Development Property");
WHEREAS,the Development Property is not located in a tax increment financing district;
WHEREAS, the City and the Economic Development Authority of the City of Elk River (the
"EDA") have also determined that is reasonable and necessary to provide certain financial assistance to
Developer in order to facilitate Developer's plans for the Facility and the Development Property, and to
that end, the City will consider approving a Tax Abatement and Business Subsidy Agreement between
the City and Developer (the "Abatement Agreement");
WHEREAS, among other things, the proposed Abatement Agreement will provide that the
City will assist the Developer in financing a portion of the cost of the Facility, subject to certain terms
and conditions, including the adoption of this resolution (the "Abatement Assistance"); and the
Developer will construct the Facility, subject to certain terms and conditions;
WHEREAS, on the date hereof, the City conducted a duly noticed public hearing on the
Abatement at which the views of all interested persons were heard;
WHEREAS, all capitalized terms in this resolution have the meanings provided in the
Abatement Agreement unless context clearly requires otherwise;
NOW, THEREFORE, BE IT RESOLVED BY the City Council (the "Council") of the
City of Elk River, Minnesota as follows:
1. Benefits Equal Costs. It is hereby found and determined that the benefits to the City
from the Abatement will be at least equal to the costs to the City of the Abatement for the following
reasons:
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(a) The Abatement will stimulate commercial development and therefore will increase the
tax base.
(b) The Facility will generate significant City tax revenues after termination of the
Abatement,which revenues will far exceed the amount of the Abatement itself.
2. Public Purposes. It is further found and determined that the Abatement will serve the
following public purposes set forth in Section 469.1813, subdivision 1 of the Abatement Act:
(a) The Abatement will stimulate commercial development and therefore will increase
the tax base.
(b) The Abatement will provide employment opportunities in the City.
3. Abatement Approved. The Abatement is hereby approved and adopted subject to the
following terms and conditions:
(a) "Abatement" or "Abatements" means the City's share of annual real estate taxes on
the Tax Abatement Property above the current land value of$7,500 for a term of up to 15 years in a
principal amount not to exceed $546,814 with interest as provided in the Abatement Agreement.
(b) The City will pay the Abatements in the amount, at the time, and in accordance with
all the terms and conditions set forth in the Abatement Agreement and as further provided in the
Pledge Agreement,which are incorporated herein by reference.
(c) The Abatement is subject to modification in accordance with the Abatement Act, but
only to the extent so permitted under the terms of the Abatement Agreement.
(d) In accordance with Section 469.1815 of the Abatement Act, the City will add to its levy
in each year during the term of the Abatement the total estimated amount of current year Abatement
granted under this resolution.
(e) The City makes no warranties or representations regarding the amount or availability of
the Abatements.
( In accordance with Section 469.1813, subdivision 8 of the Abatement Act, in no case
shall the Abatement, together with all other abatements approved by the City under the Abatement Act
and paid in any one year exceed the greater of 10% of the City's net tax capacity for that year or
$200,000.
5. Execution of Documents. The City Council hereby approves the Abatement
Agreement and any related documents necessary in connection therewith (collectively, the
"Documents") and, the Mayor and City Clerk are hereby authorized and directed to execute the
Documents to which the City is a party on behalf of the City and to carry out, on behalf of the City,
the City's obligations thereunder. In the event of absence or disability of the officers, any of the
Documents authorized by this Resolution to be executed may be executed without further act or
authorization of the Council by any duly designated acting official, or by such other officer or
officers of the City as, in the opinion of the City Attorney, may act in their behalf.
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6. Finalizing Documents. The approval hereby given to the Documents includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by legal counsel to the City and by the officers authorized herein to
execute said Documents prior to their execution; and said officers are hereby authorized to approve
said changes on behalf of the City. The execution of any instrument by the appropriate officers of
the City herein authorized shall be conclusive evidence of the approval of such Document in
accordance with the terms hereof.
7. Conflicting Provisions. In the event of a conflict between the content of this resolution
and the Documents,the terms of the Documents shall prevail.
8. Effective Date. This resolution is effective upon execution in full of the Abatement
Agreement.
Approved by the City Council of the City of Elk River this 18th day of May, 2015.
Mayor
ATTEST:
City Clerk
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