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6.0. EDSR 05-10-2004 ITEM # 6. • City of Elk River MEMORANDUM TO: Economic Development Authority FROM: Catherine Mehelich, Director of Economic Development DATE: May 10, 2004 SUBJECT: Tax Rebate Financing Request - Badger Ventures, LLC (Gradient Technology) Attachments • City of Elk River Micro Loan Policy Background At its March 8, 2004 meeting the Economic Development Authority and City Council approved the attached Revised Preliminary Expansion Siting Proposal and that Gradient Technology be considered for receiving Tax Rebate (Abatement) Financing. At its April meeting the City Council held a public hearing on the tax abatement request and business subsidy. The EDA and Council took no action on the request due to several unresolved issues related to the abatement application. The unresolved issues included: • Identification of a bank lender and proposed project financing terms • The possibility of an EDA Micro Loan request of up to $100,000 • Identification of the amount and source of eligible equity • Completion and review of a but for analysis Project Description Gradient Technology (G.D.O., Inc.) demilitarizes munitions for various branches of the military. None of the demilitarization is performed at the company's Minnesota facility, but rather at Crane Naval Service Warfare Center in Crane, Indiana. The Minnesota facility will be used for Gradient Technology's business office and for providing chemical engineering design services and equipment fabrication. The company will also have a lab for conducting research and development. The company currently employs 13 full-time staff,including 7 based in Minnesota and 6 in Indiana and elsewhere. The positions have an hourly wage between $16-75.00 per hour. The company anticipates creating up to 5 new positions at the Minnesota facility within 2-years. The new positions will likely consist of management and engineers. • Tax Abatement Request—Badger Ventures,LLC May 10,2004 EDA Meeting Page 2 of 2 • Staff has been in contact over the past one and a half years with Eric Haehn,Vice President/CFO of Gradient Technology. The company currently leases space in Blaine, MN and is seeking a suitable location within the northwest metro area to relocate. Badger Ventures,LLC proposes to construct a 13,000-square foot light industrial/business park building for lease to Gradient Technology's office,research&development, and equipment fabrication operation. Badger Ventures proposes to purchase 2.05-acres within the Elk River Business Park and has requested that the city and county consider a write down of the land cost ($143,770) to $0 through a pay-as-you-go note to the limited liability company. Status At this time the company has selected a bank lender and proposed financing terms. The financing proposal includes that the company apply for an EDA Micro Loan in the amount of$100,000 to supplement sources of private and public financing. The company is currently completing the Micro Loan application for consideration by the EDA Finance Committee, and recommendation to the EDA at its June meeting. The attached Micro Loan Policy describes that loan amounts up to $100,000 through the Industrial Incentive Program is for the purpose of encouraging industrial development that supports the tax base and brings quality jobs to the city. The loan is provides at a rate of 4 points below prime, or a 2% floor,whichever is greater. The criteria includes that the borrower must locate in the West Business Park. Gradient Technology's site proposal is for the Elk River Business Park, located on • northeast Highway 169. Staff requests the EDA's feedback on the concept to amend the criteria for the Industrial Incentive loan program to industrial businesses located at any location in the city. • • cityof Elk ....,,,), Ri. , • The Light Industrial Hub of the Northwest Metro Economic Development Micro Loan Fund Policy & Guidelines And Application Revised: April 2003 September 1999 • City of Elk River Economic Development Authority 13065 Orono Parkway,P.O. Box 490 Elk River,MN 55330 (763) 441-7420 ELK RIVER ECONOMIC DEVELOPMENT MICRO LOAN FUND POLICY & GUIDELINES • Revised April 2003 PURPOSE The Economic Development Authority for the City of Elk River (EDA) recognizes the need to stimulate private sector investment into manufacturing facilities and equipment in order to create new jobs,boost productivity and retain existing jobs for local residents.Additionally, the need exists to encourage investment in the expansion and/or rehabilitation of commercial and retail buildings in order to maintain the economic viability of Elk River's central business district. Subsequently, the purpose of this program is to provide low interest,long-term (i.e. greater than one year) loans as incentives for industrial development within the City of Elk River and to encourage commercial and retail business owners in the central business district to rehabilitate their existing buildings. II. LOAN PROGRAMS In order to meet the economic and community development objectives of the EDA, three distinct loan programs exist within the Micro Loan Fund to promote business growth in Elk River. Supplemental Financing Program Purpose: The Supplemental Financing Program is designed for industrial firms who have maximized their conventional financing and equity resources and subsequently would be unable to complete a project without EDA assistance. Amount: Up to $50,000 of secondary financing (not to exceed 40% of the project cost. Equity: Must have private-sector commitments for 50% of the project cost. Borrower to provide 10% or more of project financing. Rate: Fixed; 1 point below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 2%,whichever is greater. Term: Financing with a balloon payment in up to 3-years. Loans may be amortized up to the following limits: 15-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of three years, the • loan may be extended up to two additional years at a market rate of interest. Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 2 of 8 Criteria: 1. Borrower must create one new full-time job for each$20,000 loaned within two years. Said jobs must pay a minimum wage of$9.00 per • hour plus benefits. Borrower will also be required to meet certain provisions of the City's Business Subsidy Policy. 2. Borrower must be an industrial firm and comply with the provisions of the city's industrial and business park zoning ordinances. Redevelopment Financing Program Purpose: The Redevelopment Financing Program is available to business and property owners in the central business district (CBD) for the rehabilitation and restoration of their buildings. Amount: Up to $50,000 of secondary financing (not to exceed 40% of the project cost. Equity: Must have private-sector commitments for 50%.of the project cost. Borrower to provide 10% or more of project financing. Rate: Fixed;2 points below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 2%,whichever is greater. Term: Financing with a balloon payment in up to 3-years. Loans may be • amortized up to the following limits: 15-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of three years,the loan may be extended up to two additional years at a market rate of interest. Criteria: 1.At a minimum, 20% of Micro Loan dollars must be used for the improvement of the building's facade. 2. Borrower must be located in the Central Business District (see attached map). Industrial Incentive Program Purpose: The purpose of the Industrial Incentive Program is to encourage industrial development that supports the tax base and brings quality jobs to the city. Amount: Up to $100,000 of secondary financing (not to exceed 40% of the • project cost. Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 3 of 8 Equity: Must have private-sector commitments for 50% of the project cost. Borrower to provide 10% or more of project financing. • Rate: Fixed;4 points below the lowest prime rate published in the Wall Street Journal the day the loan is closed, or 2%,whichever is greater. Term: Financing with a balloon payment in up to 5-years. Loans may be amortized up to the following limits: 15-years on real estate uses; 10-years on equipment uses. Extension: In the event that the Borrower is unable to obtain conventional financing to replace the Micro Loan at the end of five years, the loan may be extended up to two additional years at a market rate of interest. Criteria: 1. Borrower must be an industrial firm and create one new full-time job for each $20,000 loaned within 2 years. Said jobs must pay a minimum wage of$10.00 per hour plus benefits. Loans in excess of$75,000 shall meet the City's Business Subsidy Policy for new job and wage goals, as well as location requirements. 2. Borrower must locate in the West Business Park (see attached 411 map)and comply with the provisions of the city's industrial and business park zoning ordinances. III. USES 1. Permitted Fund Uses: a. Building construction b. Land acquisition c. Machinery d. Furniture, fixtures, and equipment (FF&E) e. Renovation and modernization of buildings f. Exterior renovation of retail, commercial and industrial buildings g. Public infrastructure needed for economic development expansions h. Investment real estate with a minimum of 50% of the space pre-leased 2. Ineligible Fund Uses: a. Expenditures for the construction and/or renovation of residential units b. Working capital c. Refinancing of existing debt d. Inventory IV. BUSINESSES ELIGIBILITY iAny project meeting the above criteria, and located or proposed to be located within the city limits of Elk River as defined by this program, may be eligible for an Economic Development Micro Loan as further defined herein: Elk River Economic Development Authority • Micro Loan Fund Policy&Guidelines Page 4 of 8 • Business must be a for-profit corporation,partnership, or sole proprietorship. • • Business must be a small business as defined by the Small Business Administration (SBA). • Business must have a positive net worth. • Religious,political, and pornographic enterprises are not eligible to use the Economic Development Micro Loan Fund. V. MICRO LOAN FUND TERMS & CONDITIONS 1. Loan Structure All EDA Micro Loans will be structured as participation loans and will be serviced by the project's primary lending institution. Such an arrangement allows for the central distribution and collection of funds and simplifies the financing process for all parties involved. A participation agreement will be signed by the borrower,primary lender and the EDA. The EDA may require additional agreements to be signed by the borrower (i.e. security agreement,personal guarantees,job performance agreement). 2. Simultaneous Micro Loans The simultaneous use of different Micro Loan Fund Programs by any one borrower or for any one project is prohibited. 3. Call of Loan • A loan shall become due and payable in full if a business relocates outside of the city of Elk River prior to the maturity date of the EDA loan. 4. Late Payment Charge A late payment charge of up to 8% of the installment amount may be enforced. VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS All buildings which public funds will be used for construction or renovation are to be brought into conformance with city codes and policies. Repairs may include the following systems and portions of real property: a. Mechanical heating,plumbing, and electrical b. Structural;including the facade of the structure and energy related improvements. c. Hook-up to city services (i.e.water, sewer) VII. LOAN SECURITY AND GUARANTEES Applicant must be able to secure the loan by providing the EDA with a minimum of a subordinate mortgage upon the building and/or assets or other approved collateral. Applicant must demonstrate the financial means to repay the loans, as determined by the Economic Development Authority. • Whenever possible,personal guarantees will be made part of any loan agreement. Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 5 of 8 VIII. TIMING OF PROJECT EXPENSES • No project should commence until the Elk River Economic Development Authority has approved the loan application. Any costs incurred prior to the approval of the loan application are generally not eligible expenditures. No building construction should commence until the required City permits are secured. The applicant will be responsible for all legal,recording, and other fees required for protection of a security interest in the loan,payable by a 1%processing fee,which is paid at the time of application. IX. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL 1. All applicants shall first contact a primary lending institution to determine if additional equity is needed, and if so,how much. 2. The applicant and the primary lender shall then meet with City Staff to obtain information about the Micro Loan program, discuss the project, and obtain application forms. 3. The applicant shall complete and submit an application form to the City,along with a processing fee of 1% of the loan request. (The fee is used to cover processing expenses and will be returned if application is denied.) The applicant • must provide evidence of their ability to meet the equity requirements or provide a letter of commitment for conventional financing from the primary lending institution. 4. The application will be reviewed by the City staff to determine if it conforms to all City policies and ordinances and to consider the following: a. The availability and applicability of other governmental grants and/or loan programs. b. Whether the proposed project will result in conformance with building and zoning codes. c. Whether it is desirous and in the best interests of the public to provide funding for the project. 5. The EDA Finance Committee and EDA Commissioners will review each application in terms of its consistency with the goals of the Growth Management, Strategic, and Economic Development Plans and in relation to the project's overall impact on the community's economy. Redevelopment Loan applications will also be reviewed by an HRA member in conjunction with the EDA Finance Committee. They will also evaluate the project application in terms of the following: a. Project Design - Evaluation of project design will include • review of proposed activities,time lines and a capacity to implement. Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 6 of 8 b. Financial Feasibility-Availability of funds,private involvement, financial packaging and cost effectiveness. • • Appropriate ratio of private funds to Micro Loan funds. • Sufficient cash flow to cover proposed debt service as demonstrated by financial statements and projections. • Business must show a positive net worth. • Letter of Commitment from applicant pledging to complete the project during proposed project duration,if the loan application is approved. • Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. • Sufficient collateral. c. All other information as required in the application and/or additional information as may be requested by the Economic Development Authority. d. Project compliance with all city codes and policies. e. Program Objectives - In addition to quality job and wage creation/retention requirements, the applicant must meet all Micro Loan Fund criteria and demonstrate how the proposed activities will meet at least one of the following objectives: • The project contributes to the fulfillment of the city's approved and adopted economic development and/or redevelopment plans. • The project prevents or eliminates slums and blight. • The project increases the local tax base. • The project brings a structure into compliance with an existing building code violation. 6. A written request for an extension shall be accompanied by a copy of current financial statements and a $500 upfront processing fee. The processing fee is used to cover processing expenses and will be returned if request is denied. The application for an extension beyond the original term should include a letter of denial from a conventional lender. Refinancing will not be allowed solely for the • purpose of reducing the interest rate due to lower market interest rates. Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 7 of 8 7. The EDA Finance Committee will recommend the approval, denial, or request a resubmission. A recommendation from the Finance Committee will be • forwarded to the EDA for final action. X. LOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure that the policies reflected in this document are consistent with the economic development goals set forth by the City. XI. COMPLIANCE WITH STATE STATUTES Each company receiving assistance in excess of$75,000 from the EDA Micro Loan Fund shall be subject to the provisions and requirements set forth by Minnesota State Statute 1161993 and the City's Business Subsidy Policy summarized below: Progress Reports The borrower shall file a report annually for two years after the closing of the loan or until all goals set forth in the application have been meet,which ever is later. Reports shall be completed using the format drafted by the State of Minnesota and shall be filed with the City in March of each year for the previous year. Maintain Facility The borrower agrees to maintain and operate its facility at the site where the loan is used for a period of 5-years after the date the loan is closed. Goal Attainment In addition to attaining or exceeding the jobs and wages goals set forth in Section IV of the Application, the borrower agrees to achieve at least one of the goals for community development set forth in Section Iii,part 5, subdivision (e) of the Micro Loan Fund Policy. Redevelopment loans in the central business district are exempt from job creation and wage goals stated in Section Iii,part 5, subdivision (e) provided the loan amount does not exceed 50%of the project cost. Failure to Comply Businesses failing to comply with the above provisions will be subject to fines, repayment requirements in accordance with the state statute,and be deemed ineligible by the State to receive any loans or grants from public entities for a period of 5-years. XII. RIGHT OF REFUSAL The Elk River Economic Development Authority may deny any project which it deems inappropriate according to the guidelines established in this document. • • Elk River Economic Development Authority Micro Loan Fund Policy&Guidelines Page 8 of 8 i • C 186TH AV> > i '.._. � 16 NW ' iii I. ,,,,,7-----411 ill , LLJ x El MI MIR MI MIMI . PI well . go ow lo MIHNiMIMEN BUSINE.S CENTER DRIVE COUNTY BUS COURT CR( ;_LK PAT LATER OU TLC E s CE HOUSE A � �S11dEs 183RD liNIIIIIMra s NM gg • um Pili TOWNlR TH a - w >. L_I q NW It . OP m .. ,„_.., ,,, , 182ND A Nu 0 .51 N w JRSE 111o Q zApilk was II &,,,'`) ■�� R I E '' �iirc ti RV I ■ ,.. ,1:J, Lil I I 111 I INI R'71141/INS I 41.6111 IIII I. U-) laN 1111 ' 1111111 Alli : < A D 0 I I I I I MI- LTA 11 RI imiQi 7 ,--_ , .7Q • �► o14a x rt.,, 4 Location Map N .4%1 I 1 7J 4 0 City of El -�-1 River Case Number: WEST BUSINESS PARK ibl 5 1 /2 Irea =I 5TH -` ST. ow 0 N(17 Rs z Ps-P • 0 -0) 5"?'" . s0 s (i- _ NEN ritrowsl?\- A '49 )-6 MIMI › ,& -4.m.irr NEN9 WIN 1° 4TH S . 1101pill ) II STREET< - "411111 111: 11 11111 (74, MI in 0 mbs OF; STREET E, cS Or Mtilii4 ,1-• IN 1111112 iirM 7- Ilti ilttliiaRltl°,D\ D 0INE=2 ..,. s I , NOM 1111011111111 Iry .......... 1.11 I 1 111,.. , si um _ ; Intaimso lar6 ;I' III 4 111 ,Aiila i im INIIMillora...-.4111/i *IN\ lall SIRE' [ -......, lipil VIE Vli , '\ I nod ADD a IMP , : 1 - , 411 11 glis I r 11 Ei of ....., l4-- _, Location Map —`-- Case Number: CENTRAL BUSINESS DISTRICT River N ELK RIVER ECONOMIC DEVELOPMENT • MICRO LOAN FUND APPLICATION I. CONTACT INFORMATION Company: Address: City / State / Zip Contact Person(s) Business Phone Fax Home Phone Email Check One: Proprietor Corporation Partnership Social Security No. Federal ID # State ID # 1110 II. NATURE OF LOAN REQUEST Which Micro-Loan Program are you applying for? Supplemental Financing Program Redevelopment Financing Program Industrial Incentive Program Amount Requested: $ Total Project Cost: $ Type of project: New construction for a start up business. New construction for an existing business. On site expansion Equipment purchase Remodeling: (circle one) Commercial / Retail / Industrial Other Please give a brief summary of your business and its products or service: S Please give a brief summary of the project: I Please describe how this loan will impact your project: III. FINANCING Project Costs Land $ Site improvements $ 4110 Buildings (attach plans & costs) Equipment/Machinery/Fixtures (attach list and estimated costs) $ Remodeling $ Industrial Inventory/Working Capital $ Other (attach description) $ Total Costs $ Comments: S Elk River Economic Development Authority Micro Loan Fund Application Page 2 of 7 Proposed Sources of Financing • SOURCE NAME TERMS AMOUNT Bank Loan $ Bank Loan $ Other Private Funds $ Applicant Contribution $ Other $ Fed Grant/Loan $ State Grant/Loan $ EDA Micro Loan $ Total Financing $ Comments: • Collateral Assignments Lien Description of Collateral Position To Bank 1 To Bank 2 To Private Sources To Other Sources To Federal Govt To State To EDA Micro Loan Comments: S Elk River Economic Development Authority Micro Loan Fund Application Page 3 of 7 Value of Collateral • Existing Book Value Cost Liens Land $ $ $ Buildings $ $ $ Machinery& Equip. $ $ $ Other $ $ $ Other $ $ $ Comments: IV. JOB & WAGE GOALS Present # of Employees Total Payroll Jobs To Be Created* • Please provide the following information on jobs you expect to create. Average Are the Jobs Expected Number Hourly Annual Permanent or Hiring Job Title of Jobs Wage Salary Temporary? Date *If loan is for job retention only, please explain in Business Plan. Job Creation Timetable Please indicate on the table below when individual jobs will be added to the firm. Number Qtr. Qtr. Qtr. Qtr. Qtr. Qtr. Qtr. Qtr. Job Title of Jobs 1 2 3 4 5 6 7 8 O Elk River Economic Development Authority Micro Loan Fund Application Page 4 of 7 IV. PROJECT CONTACTS Attorney Name Address Phone Accountant Name Address Phone Financing Sources (lenders, partners, etc...) Name Address Phone Name Address Phone Name Address Phone • Name Address Phone Parent Company Name Address Phone Others Name Address Phone Name Address Phone • Elk River Economic Development Authority Micro Loan Fund Application Page 5 of 7 V. ATTACHMENTS CHECK LIST Please attach the following: A) Written Business Plan: 1. Description of Business 2. Ownership 3. Management 4. Date Established 5. Products/Services 6. Future Plans B) Financial Statements for Past Two Years C) Financial Projections for Two Years D) Resume of Owner/Management E) Personal Financial Statements of Proprietor, Partners, Guarantors F) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration 11111 G) Letter of Commitment from the Other Sources of Financing, Stating Terms and Conditions of their Participation in Project H) Other I) Other J) Fee (1% of amount of loan request) i Elk River Economic Development Authority Micro Loan Fund Application Page 6 of 7 VI. AGREEMENT 110 I / We certify that all information provided in this application is true and correct to the best of my/our knowledge. I / We authorize the City of Elk River and the Finance Committee to check credit references and verify financial and other information. I / We agree to provide any additional information as may be requested by the City and the Finance Committee. DATE APPLICANT NAME BY BY • Elk River Economic Development Authority Micro Loan Fund Application Page 7 of 7