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5.0. 6.0. 7.0. 8.0. HRSR 03-27-2000 ity of MEMORANDUM AkiRiverTO, Housing & Redevelopment Authority FROM: Marc Nevinski, Acting Director of Economic Development DATE: March 27, 2000 SUBJECT: HRA Meeting Agenda 5. King & Main Purchase Agreement Attached is a draft of the purchase agreement for King & Main by the First National Bank of Elk River. In lieu of a separate development agreement, the purchase agreement includes conditions for the development of the site, such as minimum building size and construction commencement and completion dates. Staff recommends that the HRA close on the site after the April 24, 2000 • HRA meeting, where the purchase agreement will be presented for final review. Although the sale of the site is not considered to be a business subsidy, as the site is being sold at market value, state law does require that a public hearing be held on the sale of city owned land. Subsequently, a public hearing on the sale of the site will be held at the April 24 meeting. Action Requested Staff asks that the HRA review the purchase agreement and provide comment. 6. Public Hearing—Revised Tax Increment Financing Policy The new state statues regarding business subsidies mandates that cities modify their current incentive and subsidy policies to include provisions stipulated by the business subsidy law. The law also requires that the city hold a public hearing on such modified policies before providing subsidies. The primary modification to the tax increment financing policy includes the addition of a ratings scale for various project applicants. Such a ratings scale will enable staff, as well as the HRA, EDA, and City Council, to better analyze a given project for its eligibility to utilize TIF. Staff presents this ratings scale under the assumption that every project that requests TIF may • not necessarily qualify for it under these guidelines. For applicants who do 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425 • not qualify based upon the rating method, tax abatement may be a potential financing alternative. At its February meeting, the EDA reviewed a draft of the proposed policy modifications, provided comments and recommendations on the policy, and directed staff to complete the modifications for a public hearing and final approval. On March 13, 2000 the EDA and City Council held public hearings on the revisions and then adopted the new policies. Action Requested Staff recommends that the HRA consider any input provided at the public hearing and then adopt the revised TIF policies. 7. Tax Abatement (Tax Rebate Financing) Policy As directed by the EDA at the March 13 meeting, staff has completed a draft of a tax abatement policy. Tax abatement differs from TIF primarily in that each political body is given the option to "abate" its portion of the project's property taxes. Generally, this will result in less dollars being generated for the project than with TIF, although abatement is easier and less costly to administer. The tax abatement policies that staff has drafted are very similar to the • revised TIF policy, and also include a ratings worksheet. The tax abatement policy emphasizes industrial development, however, certain redevelopment and commercial projects will be eligible to utilize tax abatement as well. The use of tax abatement for residential projects is not allowed under the proposed policies. However, it is staff's recommendation that a separate set of residential criteria be drafted for the use of tax abatement in certain situations. The primary difference between the two policies is that no minimum threshold for building value or size is stipulated in the tax abatement policy. This is due to the fact that the smaller amount of dollars generated with tax abatement, combined with less administrative time and costs, will make tax abatement more appropriate for smaller scale projects. It should also be noted that staff is proposing that tax abatement be referred to as Tax Rebate Financing (TRF), which more accurately reflects how the tool functions. Sherburne County, which is also drafting a tax abatement policy, is considering a similar name modification to avoid confusing the tool with other, more established forms of tax abatement. • Requested Action • Staff asks that the HRA review the proposed draft of the tax abatement policy and provide comments. 8. Other Business Staff has received the verbal resignation of Commissioner Hinkle from the HRA. Although the position is a mayoral appointment, the HRA may wish to provide the mayor with recommendations for filling the vacancy. . PURCHASE AGREEMENT ttor THIS PURCHASE AGREEMENT (the "Purchase Agreement") is made this day of March, 2000, by and between First National Bank of Elk River, National Association ("Buyer"), and the Housing and Redevelopment Authority in and for the City of Elk River, a public body corporate and politic ("Seller"). In consideration of the mutual covenants and undertakings contained herein the parties agree as follows: 1. Sale and Purchase of Property. Seller agrees to sell, and Buyer agrees to purchase, certain real property situated in the County of Sherburne, State of Minnesota, consisting of certain land legally described on Exhibit A attached hereto and made a part hereof, together with all the appurtenant rights, mineral rights, privileges, and easements belonging thereto (the "Property"). 2. Purchase Price. Buyer agrees to pay to Seller, as the purchase price for the Property (the "Purchase Price"), the sum of $175,000.00 which shall be paid in cash at closing. 3. Title. As soon as reasonably possible after Buyer's acceptance of this • Purchase Agreement, Seller shall deliver to Buyer a commitment for an owner's title insurance policy issued by a title company to be determined by Seller, naming Buyer as the proposed owner-insured of the Property in the amount of the Purchase Price (the "Commitment"). Buyer will be allowed 10 days after receipt of the Commitment for examination thereof and for making any objections to the marketability of the title to the Property, said objections to be made by written notice delivered to Seller within said 10 day period or to be deemed waived. If any objections are so made to the marketability of the title to the Property, Seller shall be allowed 90 days after the making of such objections by Buyer to cure such objections and make the title to the Property good and marketable of record in Seller. Pending the correction of the title, the Closing Date and the payments hereunder required shall be postponed, but upon correction of the title and within 15 days after written notice of such correction given by Seller to Buyer, Seller and Buyer shall perform this Purchase Agreement according to its terms. If the title to the Property, as evidenced by the Commitment, is not good and marketable of record in Seller and is not made so within 90 days after the date on which the Buyer delivers written objections thereto to Seller, or is not good and marketable of record in Seller at the Closing Date, Buyer may either: a. Terminate this Purchase Agreement by giving written notice to Seller in which event this Purchase Agreement shall become null and • • void and neither party shall have any further right or obligation hereunder; or b. Elect to accept the title in its unmarketable condition by giving written notice to Seller, in which event Buyer shall proceed to close the purchase of the Property in accordance with the terms of this Purchase Agreement and without any reduction in the Purchase Price. 4. Inspection. At Buyer's expense, Buyer, its agents and designees, are hereby granted the right at any time or times after the date hereof to enter upon and inspect, analyze, and test the Property. Buyer shall hold Seller harmless from any liability resulting from the entering upon the Property or the performing of any of the tests or inspections referred to in this Section 4 by Buyer, its agents or designees. 5. Covenants and Warranties of Seller. Seller covenants and warrants to Buyer as follows: a. To the best of Seller's knowledge, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or the Property, or any interest therein, which could adversely affect the Property or title thereto, and Seller has no • knowledge of any reasonable basis for the commencement of any such action, litigation, investigation, condemnation or proceeding. Seller shall give Buyer prompt written notice if any such action, litigation, investigation, condemnation, or proceeding is commenced on or prior to the Closing Date. b. Seller certifies that to the best of Seller's knowledge there are no wells on the Property. c. Seller states that to the best of Seller's knowledge there is no individual sewage treatment system, as defined in Minn. Stat. 115.55. Buyer acknowledges that Buyer will be purchasing the Property relying only on such investigations, testing and inquiries of and regarding the Property as Buyer shall have chosen to make. Except as specifically set forth in this Purchase Agreement, the Seller has not made, and shall not be deemed to have made, and Buyer hereby disclaims any reliance on, any warranty or representation, oral or written, express or implied, regarding the Property, the condition of the Property, the soil conditions existing on the Property, the environmental conditions on the Property, the zoning or other laws and ordinances applicable to the Property, the uses to which the Property may be put, or any other thing or matter relating to the Property. • -2- • 6. Closing. The closing shall take place on May 1, 2000, or such other date as is mutually agreed upon. Such date, or such other date as this transaction actually closes, is herein referred to as the "Closing Date". The closing shall take place at Elk River City Hall, 13065 Orono Parkway, Elk River, Minnesota 55330, or such other location as the parties shall mutually agree upon. At the closing, Seller shall deliver to Buyer: a. A warranty deed properly executed and in recordable form with all applicable transfer taxes paid and stamps, if any, affixed thereto, conveying the Property to Buyer and warranting title thereto subject to: real estate taxes and installments of special assessments due and payable in 2000 and thereafter; building and zoning laws and ordinances; State and Federal rules and regulations; and restrictions, reservations, rights and easements of record. b. All certificates, instruments and other documents necessary to permit the recording of the warranty deed. c. A Seller's Affidavit containing statements as to the knowledge of Seller with respect to judgments, bankruptcies, tax liens, mechanics liens, parties in possession, unrecorded interests, • encroachment or boundary line questions, and related matters, properly executed on behalf of Seller. d. An affidavit of Seller in form and content satisfactory to Buyer stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue code; e. Such other instruments and documents as are necessary to vest title to the Property in Buyer. Upon delivery of the foregoing items, Buyer shall deliver to Seller the Purchase Price payable under Section 2(b) of this Purchase Agreement. 7. Conditions Subsequent. Notwithstanding anything to the contrary contained in this Agreement, the consummation of the transaction contemplated by this Agreement and the closing provided in Paragraph 6 hereof shall be contingent upon Buyer satisfying the following conditions subsequent: a. Buyer shall commence construction of a building on the Property (the "Building") by April 1, 2001. If Buyer has not commenced construction of the Building by April 1, 2001, Seller may, at any time before substantial construction has commenced, repurchase the property • -3- • by tendering the Purchase Price to Buyer. Buyer shall close on the repurchase by Seller within 30 days. b. Buyer shall complete construction of the Building and receive a certificate of occupancy for the Building no later than December 31, 2001. c. The Building shall meet the following criteria: (i) Maximum size of the Building shall be 32,000 square feet (24,000 finished, 8,000 basement). Minimum finished square feet shall be 20,000; (ii) Minimum number of parking spaces constructed on the Property for the Building shall be 40. The Building shall be parked at one space per 600 square feet of finished space; (iii) The Building may not be set back more than 15 feet from either Main or King Streets. A zero lot line is preferred; (iv) No access to the Property will be permitted onto Main Street. • Access will be from King Street; (v) The Building shall be constructed of brick and glass, preferably with a flat roof. 8. Real Estate Taxes. Real estate taxes due and payable in 1999 and all prior years shall be paid by Seller. Real estate taxes due and payable in 2000 shall be prorated as of the Closing Date based upon the parties' respective period of ownership and possession of the Property in the calendar year of closing. On or prior to the Closing Date, Seller shall pay all special assessments, whether or not then due, then levied against the Property. Seller shall pay on the date of closing any deferred real estate taxes, including "Green Acres" taxes, or special assessments, the payment of which is required as a result of the closing. Seller makes no representation concerning the amount of future real estate taxes or future special assessments. 9. Expenses, Possession. Seller agrees to deliver possession of the Property to Buyer on the Closing Date. In the event Buyer chooses to obtain title insurance or in the event Buyer's lender requires the issuance of title insurance, Buyer shall be responsible for any costs associated with closing with a title company including, but not limited to, the closing fee and all premiums for issuance of either the owner's policy or the lender's policy of title insurance. • -4- 10. Notices. All documents to be delivered and all correspondence and notices to be given in connection with this Purchase Agreement shall be in writing and given by personal delivery or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Buyer: First National Bank of Elk River Attention: If to Sellers: Elk River Housing and Redevelopment Authority Attention: Executive Director 13065 Orono Parkway, Elk River, Minnesota 55330 With a copy to: Gray, Plant, Mooty, Mooty & Bennett Attention: Peter K. Beck 3400 City Center 33 South Sixth Street Minneapolis, Minnesota 55402 • Each such mailed notice or communication shall be deemed to have been given to or served upon, the party to whom it is addressed three days after the date the same is deposited in the United States registered or certified mail, return receipt requested, postage prepaid, properly addressed in the manner above provided. Either party hereto may change such party's address for the service of notice hereunder by written notice of said change to the other party hereto, in the manner above specified ten (10) days prior to the effective date of said change. 11. Assignment. This Purchase Agreement shall be binding upon and inure to the benefit of each of the parties hereto, their respective successors and assigns. The foregoing notwithstanding, Buyer shall not assign or convey its rights in the Property or this Purchase Agreement without first obtaining the consent of Seller and any such assignment or conveyance purportedly made without Seller's consent shall be null and void. Any such assignment or conveyance shall be specifically subject to the Conditions Subsequent set forth in Paragraph 7. 12. Commissions. Seller warrants and represents that it has dealt with no realtors or brokers in connection with this transaction and that it will indemnify, defend and hold harmless Buyer against any claim made by an agent or broker for a commission or fee based on acts or agreements of Seller. Buyer warrants and represents that it has dealt with no realtor or broker in connection with this transaction -5- • and that it will indemnify, defend and hold harmless Seller against any claim made by an agent or broker for a commission or fee based on acts or agreements of Buyer. 13. Default. Should Buyer default in the performance of its obligation to purchase hereunder, Seller's shall be entitled to cancel and terminate this Purchase Agreement in accordance with Minn. Stat. 559.21 , as amended. 14. Survive Closing. All of the covenants, warranties, and provisions of this Purchase Agreement shall survive and be enforceable after the closing of this transaction. 15. Complete Agreement. This is a final agreement between the parties and contains their entire agreement and supersedes all previous understandings and agreements, oral or written, relative to the subject matter of this Purchase Agreement. 16. Time of the Essence. Time is of the essence in the performance of this Purchase Agreement. 17. Controlling Law. This Purchase Agreement has been made and entered into under the laws of the State of Minnesota, and said laws shall control the interpretation hereof. • 18. Captions. The paragraph headings or captions appearing in this Purchase Agreement are for convenience only, are not a part of this Purchase Agreement, and are not to be considered in interpreting this Purchase Agreement. 19. Binding Effect. This Purchase Agreement shall be binding upon and enforceable against each of the parties hereto when and only if executed by the party against whom enforcement of this Purchase Agreement is sought. IN WITNESS WHEREOF, the parties have executed this Purchase Agreement on the date first above written. • -6- 0 Seller: HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ELK RIVER By Its Buyer: FIRST NATIONAL BANK OF ELK RIVER, NATIONAL ASSOCIATION By Its III • -7- • Exhibit A Legal Description Parcel I: Lots 3 and 4, Block 1, Village of Elk River, except the North 60.00 feet thereof, according to the plat thereof on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota. Parcel II: The North 60.00 feet of Lots 3 and 4, Block 1, Village of Elk River, Together with the right to use, in common with others, for driveway purposes, the North 15.00 feet of Lot 5, Block 1, Village of Elk River, according to the plat thereof on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota. Parcel III: Lot 5, Block 1, Village of Elk River, according to the plat thereof on file and of record in the office of the County Recorder in and for Sherburne County, Minnesota • GP:670608 v1 • • City of Elk River, Minnesota Tax Increment Financing Policy & Application Adopted: August, 1991 Revised: March, 2000 • • Table of Contents • I. Policy Purpose 3 II. Objectives of Tax Increment Financing 3 III. City of Elk River Policies for the Use of TIF 4 IV. Qualifications 5 V. Subsidy Agreement & Reporting Requirements 6 VI. Application Process 7 VII. Application 8 Applicant Information 8 Project Information 9 Public Purpose 9 Sources & Uses 10 Checklist &Additional Information 11 VIII. Application Review Worksheet 12 • IX. Exhibits 14 A Corporation/Partnership Description B Project Description C Shareholders D But-for Analysis E Prospective Lessees • 2 I. POLICY PURPOSE For the purposes of this document, the term"City"shall include the Elk River City Council, Economic Development Authority, and Housing and Redevelopment Authority. • The purpose of this policy is to establish the City of Elk River's position relating to the use of Tax Increment Financing (TIF) for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax increment assistance. The fundamental purpose of tax increment financing in Elk River is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TIF. The City of Elk River is granted the power to utilize TIF by the Minnesota Tax Increment Financing Act, as amended. It is the intent of the City to provide the minimum amount of TIF at the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on city services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of TIF to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. II. OBJECTIVES OF TAX INCREMENT FINANCING • As a matter of adopted policy, the City will consider using TIF to assist private development projects to achieve one or more of the following objectives: • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. • To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off' development. • To facilitate the development process and to achieve development on sites which would not be developed without TIF assistance. • To remove blight and/or encourage redevelopment of commercial and industrial areas in the city that result in high quality redevelopment and private reinvestment. • To offset increased costs of redevelopment (i.e. contaminated site clean up) over and above the costs normally incurred in development. • • To create opportunities for affordable housing. 3 • To contribute to the implementation of other public policies, as adopted by the city from time to time, such as the promotion of quality urban or architectural design, energy conservation, and • decreasing capital and/or operating costs of local government. III. POLICIES FOR THE USE OF TIF a. When possible, TIF shall be used to finance public improvements associated with the project. The priority for the use of TIF funds is: 1. Public improvements, legal, administrative, and engineering costs. 2. Site preparation, site improvement, land purchase, and demolition. 3. Capitalized interest, bonding costs. b. It is the City's policy to establish the following types of TIF districts: 1. Economic Development Districts • It is desired that the project result in a minimum creation of one full time job per $25,000 of TIF. 2. Redevelopment Districts • The market value of a redeveloped site shall increase by a minimum of 50% of the current market value. Other types of TIF districts, along with specific criteria, may be considered on a case by case basis. c. TIF assistance will be provided to the developer upon receipt of the increment by the City, otherwise referred to as the pay-as- you-go method. Requests for up front financing will be considered on a case by case basis. d. A maximum of ten percent (10%) of any tax increment received from the district shall be retained by the City to reimburse administrative costs. e. Any developer receiving TIF assistance shall provide a minimum of twenty percent (20%) cash equity investment in the project. f. TIF will not be used in circumstances where land and/or property price is in excess of fair market value. g. Developer shall be able to demonstrate a market demand for a proposed project. TIF shall not be used to support purely • speculative projects. 4 h. TIF will not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. • i. TIF shall not be used for projects that would place extraordinary demands on city services or for projects that would generate significant environmental impacts. j. The developer must provide adequate financial guarantees to ensure completion of the project, including, but not limited to: assessment agreements, letters of credit, personal guaranties, etcetera. k. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. 1. For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. IV. PROJECT QUALIFICATIONS All TIF projects considered by the City of Elk River must meet each of the following requirements: a. To be eligible for TIF, a project shall result in: i. The new construction of a minimum of 25,000 square feet; ii. A minimum increase of$25,000 per year in property taxes; and, iii. Have a market value of at least $1,000,000 upon completion. b. The project shall meet at least one of the objectives set forth in Section II and satisfy all the provisions set forth in Section III of this document. c. The developer shall demonstrate that the project is not financially feasible but-for the use of TIF. d. The project must be consistent with the City's Comprehensive Plan, Land Use Plan, and Zoning Ordinances. • 5 e. The project shall serve at least two of the following public purposes: • Creation of jobs with livable wages and benefits. • • Increase of tax base. • Enhancement or diversification of the city's economic base. • Industrial development that will spur additional private investment in the area. • Fulfillment of the City's Strategic Plan for Economic Development. • Removal of blight or the rehabilitation of a high profile or priority site. V. SUBSIDY AGREEMENT & REPORTING REQUIRMENTS All developers/businesses receiving tax increment financing assistance from the City of Elk River shall be subject to the provisions and requirements set forth by state statute 116J.993 and summarized below. All developers/businesses receiving TIF assistance shall enter into a subsidy agreement with the City of Elk River that identifies: the reason for the subsidy, the public purpose served by the subsidy, and the goals for the subsidy, as well as other criteria set forth by statute 116J.993. The developer/business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application • and performance agreement have been meet, whichever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Elk River no later than March 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the city within 30 days of meeting the requirements. The developer/business owner shall maintain and operate its facility at the site where TIF assistance is used for a period of five years after the benefit is received. In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the applicant shall meet the qualifications set forth in Section IV of this document. Developers /Businesses failing to comply with the above provisions will be subject to fines, repayment requirements, and be deemed ineligible by the State of Minnesota to receive any loans or grants from public entities for a period of five years. • 6 VI. APPLICATION PROCESS 1. Applicant submits the completed application along with all 10 application fees. 2. City staff reviews the application and completes the Application Review Worksheet. 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, the Tax Increment Financing Plan, along with all necessary notices, resolutions and certificates are prepared by City staff and/or consultants. 5. Notices are published and sent to the county and school board. 6. Public hearing(s) on the proposed project are held. 7. The EDA or HRA recommends approval or denial of the project to the City Council. 8. The City Council grants final approval or denial of the proposal. • • 7 VII. APPLICATION FOR TAX INCREMENT FINANCING • A. APPLICANT INFORMATION Name of Corporation/Partnership Address Primary Contact Address Phone Fax Email On a separate sheet, please provide the following: • Brief description of the corporation/partnership's business, including history, principal product or service, etc... Attach as Exhibit A . • Brief description of the proposed project. Attach as Exhibit B. • List names of officers and shareholders/partners with more than • five percent (5%) interest in the corporation/partnership. Attach as Exhibit C. • A but-for analysis. Attach as Exhibit D. Attorney Name Address Phone Fax Email Accountant Name Address Phone Fax Email Contractor Name Address Phone Fax Email Engineer Name Address Phone Fax Email • Architect Name Address Phone Fax Email 8 B. PROJECT INFORMATION The project will be: Industrial Greenfield: New Construction Expansion • Commercial Redevelopment: New Construction Rehabilitation Industrial Redevelopment: New Construction Rehabilitation Other The project will be: _Owner Occupied Leased Space If leased space,please attach a list names and addresses of future lessees and indicate the status of commitments or lease agreements.Attach as Exhibit E. Project Address Legal Description Site Plan Attached: Yes No Amount of Tax Increment Requested for: Land Purchase $ Public Improvement $ Site Improvement $ Current Real Estate Taxes on Project Site: $ • Estimated Real Estate Taxes upon Completion: Phase I $ Phase II $ Construction Start Date: Construction Completion Date: If Phased Project: Year % Completed Year % Completed C. PUBLIC PURPOSE It is the policy of the City of Elk River that the use of Tax Increment Financing should result in a benefit to the public. Please indicate how this project will serve a public purpose. Job Creation: Number of existing jobs Number of jobs created by project Average hourly wage of jobs created New industrial development which will result in additional private investment in the area. Enhancement or diversification of the city's economic base. The project contributes to the fulfillment of the City's Strategic Plan for Economic Development. Removal of blight or the rehabilitation of a high profile or priority • site. Other: 9 D. SOURCES & USES • SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Equity $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Increment $ ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Ill Contingencies $ TOTAL $ • 10 E. ADDITIONAL DOCUMENTATION Applicants will also be required to provide the following documentation. • A) Written business plan, including a description of the business, ownership/management, date established, products and services, and future plans B) Financial Statements for Past Two Years Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date D) Two Year Financial Projections F) Personal Financial Statements of all Major Shareholders Profit & Loss Current Tax Return G) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration • H) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project I) Application fee of$5000 (to be returned upon project completion.) Note: All Major shareholders will be required to sign personal guarantees if up front financing of the project is required. The undersigned certifies that all information provided in this application is true and correct to the best of the undersigned's knowledge. The undersigned authorizes the City of Elk River to check credit references and verify financial and other information. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name Date By Its • 11 TAX INCREMENT FINANCING PROPOSAL REVIEW WORKSHEET • 1. The project meets the criteria set forth in Section III of the City's Tax Increment Financing policy. a) Meets minimum thresholds for size, value, and tax capacity. b) Meets at least one of the objectives in Section III and satisfies the provision set forth in Section IV. c) Demonstrates need for TIF with the but-for analysis. e) Consistent with all city plans and ordinances. f) Serves at least two public purpose as defined in Section IV. 2. Ratio of Private to Public Investment in Project: Points: $ Private investment 5:1 5 $ Public Investment 4:1 4 Ratio Private : Public Financing 3:1 3 2:1 2 Less than 2:1 1 3. Job Creation in the City of Elk River: Points: Number of new jobs as a result of the project. 40+ 5 Number of existing/retained jobs divided by 10. 30+ 4 Total 20+ 3 10+ 2 • Less than 10 1 4. Ratio of TIF to new jobs created: Points: $ TIF request $15,000 or less 5 Number of new jobs created $20,000 or less 4 $ of TIF per new job created $22,000 or less 3 $25,000 or less 2 Over $25,000 1 5. Wage Level of jobs created: Points: Average hourly wage Over $21/hour 5 of jobs created: $18-21 /hour 4 $14-17 /hour 3 $10-13 /hour 2 Under $10 /hour 1 6. Project size: Points: The project will result in the construction 80,000+ 5 of square feet 65,000+ 4 50,000+ 3 35,000+ 2 • 25,000+ 1 12 7. Type of Project: Points: • 100% Owner Occupied 5 Mix Owner Occupied & Investment 4 Investment Property 3 8. Use: Points: Manufacturing 5 Research & Development 4 Commercial Redevelopment 3 Warehouse/Distribution 2 Housing 1 9. The project will pay annual Points: property taxes in the first fully 85,000+ 5 assessed year of$ 70,000+ 4 55,000+ 3 40,000+ 2 25,000+ 1 10. Likelihood that the project will result in Points: unsubsidized, spin-off development. High 5 Moderate 3 • Low 1 Sub - Total Points: of a possible 45 points. 9. Bonus Points Bonus Points: The project will be 100%Pay-as-you-go TIF. 3 points The project contributes to the goals of Energy City. 2 points • Product promotes sensible use of energy, OR • Project utilizes significant energy efficient design&/or materials in construction. Total Points: Overall project analysis: High 45-38 points Moderate 37-29 points Low 28-20 points Not Eligible 19-0 points • 13 EXHIBIT A Description of the corporation or partnership • EXHIBIT B Description of the proposed project EXHIBIT C Names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership. EXHIBIT D But-for analysis EXHIBIT E Prospective Lessees • • 14 • City of Elk River, Minnesota Economic Development Tax Rebate Financing Policy & Application Adopted: , 2000 D ' AT • Table of Contents iI. Policy Purpose 3 II. Difference Between TRF & TIF 3 III. Objectives of Tax Rebate Financing 3 W. City Policies for the Use of TRF 4 V. Project Qualifications 5 VI. Subsidy Agreement & Reporting Requirements 6 VII. Application Process 6 VIII. Application 7 Applicant Information 7 Project Information 8 Public Purpose 8 Sources & Uses 9 Checklist &Additional Information 10 • IX. Application Review Worksheet 11 X. Exhibits 13 A Corporation/Partnership Description B Project Description C Shareholders D But-for Analysis E Prospective Lessees • 2 I. POLICY PURPOSE For the purposes of this document, the term"City"shall include the Elk River City • Council, Economic Development Authority, and Housing and Redevelopment Authority. The purpose of this policy is to establish the City of Elk River's position relating to the use of Tax Rebate Financing (TRF), otherwise referred to as Tax Abatement, for private development above and beyond the requirements and limitations set forth by State Law. This policy shall be used as a guide in the processing and review of applications requesting tax rebate assistance. The fundamental purpose of tax rebate financing in Elk River is to encourage desirable development or redevelopment that would not otherwise occur but for the assistance provided through TRF. The City of Elk River is granted the power to utilize TRF by the Minnesota Tax Abatement Act, as amended. It is the intent of the City to provide the minimum amount of TRF, as well as other incentives, at the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case by case basis, taking into consideration established policies, project criteria, and demand on city services in relation to the potential benefits from the project. Meeting policy criteria does not guarantee the award of TRF to the project. Approval or denial of one project is not intended to set precedent for approval or denial of another project. • II. DIFFERENCE BETWEEN TRF & TIF The primary difference between Tax Rebate Financing (TRF) and Tax Increment Financing (TIF) is way in which the dollars are awarded to the project. When TIF is awarded to a project by the city, the other political subdivisions (the school district and the county) are required to contribute their portion of the increased taxes to the project. Conversely, when TRF is requested, each political subdivision has the option of granting its portion of the increased taxes to the project. Subsequently, the dollars generated for the project with TRF are generally less than the dollars generated with TIF. III. OBJECTIVES OF TAX REBATE FINANCING As a matter of adopted policy, the City will consider using TRF to assist private development projects to achieve one or more of the following objectives: • To retain local jobs and/or increase the number and diversity of jobs that offer stable employment and/or attractive wages and benefits. • To enhance and diversify the city of Elk River's economic base. • • To encourage additional unsubsidized private development in the area, either directly or indirectly through "spin off' development. 3 • To facilitate the development process and to achieve development on sites which would not be developed without TRF assistance. • To remove blight and/or encourage redevelopment of commercial and industrial areas in the city that result in high quality redevelopment and private reinvestment. • To offset increased costs of redevelopment (i.e. contaminated site clean up) over and above the costs normally incurred in development. • To create opportunities for affordable housing. • To contribute to the implementation of other public policies, as adopted by the city from time to time, such as the promotion of quality urban or architectural design, energy conservation, and decreasing capital and/or operating costs of local government. IV. POLICIES FOR THE USE OF TRF a. TRF assistance will be provided to the developer upon receipt of taxes by the City, otherwise referred to as the pay-as-you-go method. Requests for up front financing will be considered on a case by case basis. • b. Any developer receiving TRF assistance shall provide a minimum of twenty percent (20%) cash equity investment in the project. c. TRF will not be used in circumstances where land and/or property price is in excess of fair market value. d. Developer shall be able to demonstrate a market demand for a proposed project. TRF shall not be used to support purely speculative projects. e. TRF will not be utilized in cases where it would create an unfair and significant competitive financial advantage over other projects in the area. f. TRF shall not be used for projects that would place extraordinary demands on city services or for projects that would generate significant environmental impacts. g. The developer must provide adequate financial guarantees to • ensure completion of the project, including, but not limited to: assessment agreements, letters of credit, personal guaranties, etcetera. 4 h. The developer shall adequately demonstrate, to the City's sole satisfaction, an ability to complete the proposed project based on • past development experience, general reputation, and credit history, among other factors, including the size and scope of the proposed project. i. For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, environmental, or other data requested by the City or its consultants. V. PROJECT QUALIFICATIONS All TRF projects considered by the City of Elk River must meet each of the following requirements: a. The project shall meet at least one of the objectives set forth in section IV of this document. b. The use of TRF will be limited to: • Industrial development, expansion, redevelopment, or rehabilitation; • Commercial redevelopment or rehabilitation; • Class A& B office buildings... • Residential development and redevelopment may be • eligible for TRF under a separate set of guidelines and only with the recommendation of the HRA. • New commercial or retail development is not eligible for TRF. c. The developer shall demonstrate that the project is not financially feasible but-for the use of TRF. d. The project shall comply with all provisions set forth in the state's Tax Abatement Law, statues 469.1812 to 469.1815, as amended. e. The project must be consistent with the City's Comprehensive Plan, Land Use Plan, and Zoning Ordinances. f. The project shall serve at least two of the following public purposes: • Job creation. • Increase of tax base. • Enhancement or diversification of the city's economic base. • • Development or redevelopment that will spur additional private investment in the area. 5 • Fulfillment of defined city objectives, such as those identified in the Strategic Plan for Economic Development or the city's Comprehensive Plan, among others. • • Removal of blight or the rehabilitation of a high profile or priority site. VI. SUBSIDY AGREEMENT & REPORTING REQUIRMENTS All developers/businesses receiving Tax Increment Financing assistance from the City of Elk River shall be subject to the provisions and requirements set forth by state statute 116J.993 and summarized below. All developers/businesses receiving TRF assistance shall enter into a subsidy agreement with the City of Elk River that identifies: the reason for the subsidy, the public purpose served by the subsidy, and the goals for the subsidy, as well as other criteria set forth by statute 116J.993. The developer/business shall file a report annually for two years after the date the benefit is received or until all goals set forth in the application and performance agreement have been meet, whichever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City of Elk River no • later than March 1 of each year for the previous calendar year. Businesses fulfilling job creation requirements must file a report to that effect with the city within 30 days of meeting the requirements. The developer/business owner shall maintain and operate its facility at the site where TRF assistance is used for a period of five years after the benefit is received. In addition to attaining or exceeding the jobs and wages goals set forth in the Subsidy Agreement, the borrower shall achieve at least one of the objectives set forth in Section IV of this document. Developers/Businesses failing to comply with the above provisions will be subject to fines, repayment requirements, and be deemed ineligible by the State to receive any loans or grants from public entities for a period of five years. VII. APPLICATION PROCESS FOR TRF A. CITY OF ELK RIVER 1. Applicant submits the completed application along with all • application fees. 6 2. City staff reviews the application and completes the Application Review Worksheet. • 3. Results of the Worksheet are submitted to the appropriate governing authorities for preliminary approval of the proposal. 4. If preliminary approval is granted, all necessary notices, resolutions and certificates are prepared by City staff and/or consultants. 5. Public hearing(s) on the proposed project are held. 6. The EDA or HRA recommends approval or denial of the proposal to the City Council. 7. The City Council grants final approval or denial of the proposal. B. APPLICATIONS TO OTHER POLITICAL SUBDIVISIONS It is recommended that applicants intending to seek TRF from Sherburne County and/or School District 728 make their applications to those bodies concurrent with their application to the City of Elk River. For more information on applying for TRF through Sherburne • County and/or School District 728, contact: Alex Wikstrom Sherburne County Budget/Economic Development Coordinator 763-241-2700 School District 728 763-241-3400 • 7 VII. APPLICATION FOR TAX REBATE FINANCING • A. APPLICANT INFORMATION Name of Corporation/Partnership Address Primary Contact Address Phone Fax Email On a separate sheet, please provide the following: • Brief description of the corporation/partnership's business, including history, principal product or service, etc... Attach as Exhibit A . • Brief description of the proposed project. Attach as Exhibit B. • List names of officers and shareholders/partners with more than • five percent (5%) interest in the corporation/partnership. Attach as Exhibit C. • A but-for analysis. Attach as Exhibit D. Attorney Name Address Phone Fax Email Accountant Name Address Phone Fax Email Contractor Name Address Phone Fax Email Engineer Name Address Phone Fax Email • Architect Name Address Phone Fax Email 8 B. PROJECT INFORMATION 1. The project will be: • Industrial Greenfield: New Construction Expansion Class A or B Office which conforms to business park standards Commercial Redevelopment/Rehabilitation Industrial Redevelopment/Rehabilitation Other 2. In addition to the City of Elk River, the project will be requesting TRF funds from: Sherburne County School District 728 3. The project will be: _Owner Occupied Leased Space If leased space,please attach a list names and addresses of future lessees and indicate the status of commitments or lease agreements.Attach as Exhibit E. 4. Project Address Legal Description 5. Site Plan Attached: Yes No 6. Amount of TRF Requested: $ over number of years. • 7. Current Real Estate Taxes on Project Site: $ Estimated Real Estate Taxes upon Completion: Phase I $ Phase II $ 8. Construction Start Date: Construction Completion Date: If Phased Project: Year % Completed Year % Completed C. PUBLIC PURPOSE It is the policy of the City of Elk River that the use of Tax Rebate Financing should result in a benefit to the public. Please indicate how this project will serve a public purpose. _Job Creation: Number of existing jobs Number of jobs created by project Average hourly wage of jobs created New industrial development which will result in additional private investment in the area. _Enhancement and/or diversification of the city's economic base. The project contributes to the fulfillment of the City's Strategic Plan for Economic Development. _Removal of blight. Rehabilitation of a high profile or priority site. Other: 9 D. SOURCES & USES • SOURCES NAME AMOUNT Bank Loan $ Other Private Funds $ Equity $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Tax Increment $ ID Bonds $ TOTAL $ USES AMOUNT Land Acquisition $ Site Development $ Construction $ Machinery & Equipment $ Architectural & Engineering Fees $ Legal Fees $ Interest During Construction $ Debt Service Reserve $ Contingencies $ • TOTAL $ • 10 E. ADDITIONAL DOCUMENTATION Applicants will also be required to provide the following documentation. • A) Written business plan, including a description of the business, ownership/management, date established, products and services, and future plans B) Financial Statements for Past Two Years Profit & Loss Statement Balance Sheet C) Current Financial Statements Profit & Loss Statement to Date Balance Sheet to Date D) Two Year Financial Projections F) Personal Financial Statements of all Major Shareholders Profit & Loss Current Tax Return G) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration • H) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project I) Application fee of$5000 (to be returned upon project completion.) Note: All Major shareholders will be required to sign personal guarantees if up front financing of the project is required. The undersigned certifies that all information provided in this application is true and correct to the best of the undersigned's knowledge. The undersigned authorizes the City of Elk River to check credit references and verify financial and other information. The undersigned also agrees to provide any additional information as may be requested by the City after the filing of this application. Applicant Name Date By • Its 11 TAX REBATE FINANCING PROPOSAL REVIEW WORKSHEET 1. The project meets the criteria set forth in Section V of the Tax Rebate Financing policy. a) Meets minimum thresholds for size, value, and tax capacity. b) Meets at least one of the objectives in Section IV. c) Demonstrates need for TRF with the but-for analysis. e) Consistent with all city plans and ordinances. f) Serves at least two public purpose as defined in Section V. 2. Ratio of Private to Public Investment in Project: Points: $ Private investment 5:1 5 $ Public Investment 4:1 4 Ratio Private : Public Financing 3:1 3 2:1 2 Less than 2:1 1 3. Job Creation in the City of Elk River: Points: Number of new jobs as a result of the project. 25+ 5 Number of existing/retained jobs divided by 10. 20+ 4 Total 15+ 3 10+ 2 Less than 10 1 • 4. Ratio of TRF to new jobs created: Points: $ TRF request $8,000 or less 5 Number of new jobs created $10,000 or less 4 $ of TRF per new job created $12,000 or less 3 $15,000 or less 2 Over $15,000 1 5. Wage Level of jobs created: Points: Average hourly wage Over $21/hour 5 of jobs created: $18-21 /hour 4 $14-17 /hour 3 $10-13 /hour 2 Under $10 /hour 1 6. Project size: Points: The project will result in the construction 50,000+ 5 of square feet 40,000+ 4 30,000+ 3 10,000+ 2 10,000 or less 1 • 12 7. Type of Project: Points: 100% Owner Occupied 5 IllMix Owner Occupied & Investment 4 Investment Property 3 8. Use: Points: Industrial 5 Redevelopment 4 Class A or B office 3 Commercial Redevelopment 2 9. The project will pay annual Points: property taxes in the first fully 35,000+ 5 assessed year of$ 25,000+ 4 15,000+ 3 10,000+ 2 $10,000 or less 1 10. Likelihood that the project will result in Points: unsubsidized, spin-off development. High 5 Moderate 3 Low 1 • Sub - Total Points: of a possible 45 points. 9. Bonus Points Bonus Points: The project will be 100%Pay-as-you-go TRF. 3 points The project contributes to the goals of Energy City. 2 points • Product promotes sensible use of energy, OR • Project utilizes significant energy efficient design &/or materials in construction. Total Points: Overall project analysis: High 45-38 points Moderate 37-29 points Low 28-20 points Not Eligible 19-0 points • 13 EXHIBIT A • Description of the corporation or partnership EXHIBIT B Description of the proposed project EXHIBIT C Names of officers and shareholders/partners with more than five percent (5%) interest in the corporation/partnership. EXHIBIT D But-for analysis EXHIBIT E Prospective Lessees • . 14