RES 16-68CITY OF ELK RIVER
RESOLUTION #2016 - 68
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; and
WHEREAS, the City has reviewed a proposal by Apex Embroidery Design, Inc. (the
"Business") to construct and equip an approximately 13,312 square foot manufacturing facility to
be owned by SBH Properties, LLC (the "Owner") and leased to the Business (the "Facility") to
be located in the City on the property identified as Lot 5, Block 1, Renner Fourth Addition,
Sherburne County, Minnesota, parcel identification number 758110125 (the "Development
Property"); and
WHEREAS, the Development Property is not located in a tax increment financing district;
nTo of
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 the Owner in order to facilitate Business'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 the Owner (the "Abatement Agreement"); and
WHEREAS, among other things, the proposed Abatement Agreement will provide that the
City will assist the Owner 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
Owner will construct the Facility, or cause the Facility to be constructed, subject to certain terms
and conditions; and
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; and
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:
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I . 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:
(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 Development Property for a term of up to 12 years in a principal amount not to exceed
$85,167, or such lesser amount as approved by the City Council.
(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, 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.
(f) 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.
4. 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
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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. In
accordance with Section 116J.994, Subd. 3(d) of the Business Subsidy Act, the City further
approves a Loan Agreement between the Economic Development Authority of the City of Elk
River (the "EDA") and the Owner for the provision of a forgivable loan in the amount of
$200,000 from the EDA to the Owner, and consents to the EDA entering into the Loan
Agreement and related documents with the Owner.
5. 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.
6. Conflicting Provisions. In the event of a conflict between the content of this
resolution and the Documents, the terms of the Documents shall prevail.
7. 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 17t1 day of October, 2016.
1��W�
Jo J. D etz, M or
ATTEST:
Tina Allard, City Clerk
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