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7.7 HRSR 05-01-2017Request for Action ToItem Number Housing and Redevelopment Authority7.7 Agenda Section Meeting DatePrepared by General BusinessMay 1, 2017Amanda Othoudt, EDD Item Description Reviewed by HRAFinancial Policy Annual ReviewCal Portner, City Administrator Reviewed by Action Requested Consider the changes made to the HRABlighted Properties Commercial/Industrial Forgivable Loan Program and the HRA Blighted Properties Residential Properties Forgivable Loan Program. Background/Discussion Staff, in conjunction with our attorney and financial advisor, rHRA loan programs and policies and made the following changes: Changes to the HRA Blighted Properties Commercial/Industrial Forgivable Loan Progra include: 1.Changed loan amount from $75,000 to $74,999. 2.Added that the policy requires Entity Guarantees. 3.Jobs created must be maintained for a period of 2 years from the benefit dateinstead of the date of closing as defined in Minnesota Statutes, Section 116J.993, Subdivision 4.Updated reference to MN Statutes. Changes to the HRA Blighted Properties Residential Properties Fo 1.Principal amount of the loan changed from $75,000 to $15,000. 2.Application fee increased from $100 to $500 plus legal and any o by the HRA. 3.Changes to the general terms of the program allowing a clawback property owner fails to occupy the property as their primary residence for less 4.The HRA will forgive the loan principal and interest accrued but unpaid thereon, up to 100 percent of the original loan amount, not to exceed the costs of 5 years of maintaining the property as an owner occupied dwelling. Upon request from the HRA, the property owner will provide evidence that the property has been owner-occupied for 5 years. 5.Removed the request for an extension of the loan. Financial Impact None Attachments HRA Blighted Properties Commercial/Industrial Forgivable Loan Pr HRA Blighted Properties Residential Properties Forgivable Loan P Housing and Redevelopment Authority Blighted Properties Forgivable Commercial/Industrial Loan Policy Guidelines & Application AmendedMarch, 2017 HRA Adopted City Council Adopted Original Amended:November 2015 HRA Adopted November 2, 2015 City Council Adopted: November 2, 2015 Original Adopted: September 2015 City Council Adopted: September 21, 2015 HRA Adopted: September 8, 2015 City of Elk River Housing and Redevelopment Authority 13065 Orono Parkway Elk River, MN 55330 763.635.1040 www.elkrivermn.gov Error! Bookmark not defined. ELK RIVER HOUSING AND REDEVELOPMENT AUTHORITY BLIGHTED PROPERTIES FORGIVABLE COMMERCIAL/INDUSTRIAL LOAN POLICY GUIDELINES & APPLICATION I.OVERVIEW The Housing and Redevelopment Authority for the City of Elk River (HRA) recognizes the need to stimulate private sector investment to he construction, create and retain employment opportunities and pro redevelopment of structurally substandard properties. The focus is on commercial, retail, industrial, manufacturing, and t-related industries to increase the local and state tax base and improve program can be used toward the purchase of properties deemed str substandard. II. TO APPLY Applications will be accepted on an ongoing basis. Projects will attached Application Review Worksheet. The applicant shall compl the attached application to the city, along with a processing feo cover processing expenses. Once application is deemed complete, it wil cities Executive Director and HRA (process may take up to six we III. PURPOSE The Blighted Properties Forgivable Commercial/Industrial Loan fu used for business start-ups, expansions, and relocations where jobs are created and tax base is generated. This can be accomplished by the following 1. Creation of permanent private-sector jobs in order to create above average economic growth; 2. Stimulation or leverage of private investment to ensure economic renewa and competitiveness; 3. Increase local tax base; 4. Improvement of employment and economic opportunity for citizens region to create a reasonable standard of living; and 5. Stimulation of productivity growth through improved commercial, retail, manufacturing or new technologies. IV. PROJECT ELIGIBILITY AND REQUIREMENTS The Blighted Properties Forgivable Commercial/Industrial Loan mu the following criteria: Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 2 of 1717 498473v2 JSB EL185-13 1. The minimum wage for a job to be considered a new or retained job shall be the gre of $15.00 per hour or 150% of state or federal minimum wage, whi exclusive of benefits required by law. 2. Increase in tax base 3. The project can demonstrate that investment of public dollars induces private funds; 4. The project provides higher wage levels to the community or will workforce skills; 5. The project results in the sale and/or redevelopment of properti substandard; 6. Whether assistance is necessary to retain existing business; and 7. Whether assistance is necessary to attract out-of-state business. A Blighted Properties Forgivable Commercial/Industrial Loan is r 5.). A loan cannot be made solely on a finding that the conditions in clause 5.), 6.) or 7.) exist. A finding must be made that a condition in clause 1.), 2 Blighted Properties Forgivable Commercial/Industrial Loans are a that meet all project and job requirements as outlined within. Projects are evaluated on a first-come, first-served basis and awarded based upon meeting program criteria. V. ELIGIBLE ACTIVITIES 1. Blighted Properties Forgivable Commercial/Industrial Loan may be the following activities: a. Property acquisition, demolition, soil prep, or building reconst b. VI. BUSINESSES ELIGIBILITY Any project meeting the above criteria, and located or proposed the city limits of Elk River as defined by this program, may be eligible for a Housing and Redevelopment Authority Blighted Properties Forgivable Comme Loan as further defined herein: 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. Non-Profit corporations, casino, sports facilities and sexually orie businesses are noteligible to usethe Housing and Redevelopment Authority Blighted Properties Forgivable Loan Program. VII. BLIGHTED PROPERTIES FORGIVABLE COMMERCIAL/INDUSTRIAL LOAN TERMS & CONDITIONS Loan Amount There is a maximum of $74,999 per Blighted Properties Forgivable Commercial/Industrial Loan. Federal guidelines require a minimum of one job to be Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 3 of 1717 498473v2 JSB EL185-13 created for every $15,000 requested. To receive maximum loan am applicant would need to create five new FTE positions. The minim job to be considered a new or retained job shall be the greater 5.00 per hour or 150% of state or federal minimum wage, whichever is greater, exc required by law. Loan Structure All Housing and Redevelopment Authority Blighted Properties Forg Commercial/Industrial Loans shall be structured as direct loans. Applicant must provide at least 50% of project cost through othe down payment requirements may vary depending on project and prim institution. Blighted Properties Forgivable Commercial/Industri be used as equity upon approval of primary lending institution The HRA may require additional agreements to be signed by the bo (i.e. mortgage, promissory note, security agreement, personal guentity guarantees, business subsidy agreement). Other HRA Incentives Projects can combine the Blighted Properties Forgivable Commerci Loan with all other incentives (i.e.: Micro Loan Program, Tax Ab Evaluate Building(s) Existing Condition An evaluation must be conducted to determine if the building(s) is structurally substandard by a licensed structural engineer, or city building experience in inspection and facility assessment projects. Struc shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fi adequate egress, layout and condition of interior partitions, or defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. Deliver a written narrative analysis of the property describing or does not meet the criteria as structurally substandard as e Minnesota Statutes Section 117.025, subdivision 7. Call of Loan Blighted Properties Forgivable Loan terms are set by the HRA. Pr meet the terms may be required to repay all or a portion of the the loan agreement. A job creation extension may be granted upon review of the Housing and Redevelopment Authority on a case by case basis, exc required by law. Repayment terms will vary depending on the use collateral securing the loan. Specific repayment terms will be defined in the loan agreement in the event repayment of part or the entire Blighted Forgivable Commercial/Industrial Loan is required. A loan shall payable in full if a business relocates outside of the city of Eer prior to the maturity date of the loan. Jobs created must be maintained for from the date of closing.Benefit Date as defined in Minnesota Statutes, Section Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 4 of 1717 498473v2 JSB EL185-13 116J.993, Subdivision 2. VIII. LOAN SECURITY AND GUARANTEES Applicant must secure the loan by providing the HRA with a minimum of a subordinate mortgage upon the building and/or assets or other ap Personal guarantees and entity guarantees may be made part of al Key person life insurance may be required as determined by the HRA based on loan amount and company ownership partners. VIII. TIMING OF PROJECT EXPENSES/PROJECT TIMELINE No project should commence until the Elk River Housing and Redev Authority has approved the loan application. Any costs incurred prior to the approval of the loan application are generally not eligible expe must submit project timeline with application; timeline will ass creation goal deadlines. The applicant will be responsible for all legal, recording, and other fees protection of a security interest in the loan, payable by a non-refundable $2,000 processing fee, which is paid at the time of application. In ad non-refundable $2,000 processing fee, all legal and filing fees shall be borrower at loan closing. X. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL 1. All applicants shall first contact a primary lending institution additional equity is needed, and if so, how much. 2. The applicant and the primary lender (if applicable) shall Staff to obtain information about the Housing and Redevelopment Properties Forgivable Commercial/Industrial Loan program, discuss the project, and obtain application forms. 3. The applicant shall complete and submit an application for with a non-refundable processing fee of $2,000. 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 i applicable. 4. The HRA is a governmental entity and as such must provide p public data it receives. Data deemed by Applicant to be nonpublic data under Minn. Sat. State law should be so designated or marked by Applicant. See Sections 13.59, Subd. 1, respectivelyMinnesota Statutes, Chapter 13, as amended. 5. 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: Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 5 of 1717 498473v2 JSB EL185-13 a. The availability and applicability of other governmental gr loan programs. b. Whether the proposed project will result in conformance wit and zoning codes. c. Whether it is desirous and in the best interests of the pub funding for the project. 7. The HRA Commissioners will review each application in terms of i with the goals of the Citys Comprehensive Plan and Housing and Redevelopment Authority Strategic Plan and in relation to the pr impact on the communitys economy and will evaluate the project terms of the following: a. Project Design - Evaluation of project design will include review of proposed activities, time lines and a capacity to impl b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. Appropriate ratio of private funds to the Blighted Properties Forgivable Loan funds. Sufficient cash flow to cover proposed debt service as demonstra by financial statements and projections. Ability to demonstrate 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 applicab Sufficient collateral. Certificate of Good Standing from the Minnesota Secretary of State c. All other information as required in the application and/or information as may be requested by the Housing and Redevelopment 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 of Blighted Properties Forgivable Loan Program criteria and demonst how the proposed activities will meet at least oneof the following objectives listed on page two of this application. 8. The Housing and Redevelopment Authority will recommend the appro denial, or request a resubmission. 9. A simultaneous closing with the primary lender is required to ex Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 6 of 1717 498473v2 JSB EL185-13 Blighted Properties Forgivable Commercial/Industrial Loan documents. 10. Loan proceeds will be disbursed upon execution of the Blighted P Forgivable Commercial/Industrial Loan documents at closing. OR Loan proceeds will be disbursed upon evidence of eligible demolis as incurred or paid by the borrower and upon submission of invoices supporting documentation satisfactory to the commission. 11. XI.LOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure reflected in this document are consistent with the housing and redevel authority goals set forth by the City. XII. RIGHT OF REFUSAL The Elk River Housing and Redevelopment Authority may deny any p deems inappropriate according to the guidelines established in this document. XIII. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW Each company receiving assistance in the principal amount of $74 HRA Blighted Properties Forgivable Commercial/Industrial Loan Pr subject to the provisions and requirements set forth by Minnesota Business Law Statute 116J.993 and the City of Elk River Business Subsidy All applicants will be required to submit annual progress report Redevelopment Authority until job creation requirements are met. Blighted Properties Forgivable Commercial/Industrial Loan Policy & Guidelines Page 7 of 1717 498473v2 JSB EL185-13 ELK RIVER HOUSING AND REDEVELOPMENT AUTHORITY FORVIABLE COMMERCIAL/INDUSTRIAL LOAN APPLICATION I. CONTACT INFORMATION Legal Name of Business: Project Site Address: City / State / Zip Contact Person(s) Business PhoneFax Home PhoneEmail Check One:Proprietor CorporationPartnership Federal ID #State ID # II. NATURE OF LOAN REQUEST Does your project involve the redevelopment of structurally substandard property? Yes No Amount Requested: $Total Project Cost: $ Project timeline: Please give a brief summary of your business and its products or Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 9 of 17 498473v2 JSB EL185-13 Please give a brief summary of the project and how it complies to the criteria for approval of the blighted properties forgivable commercial/industrial loan pr Please describe how this loan will impact your project: III. FINANCING Project Costs $ Land $ Site improvements $ Buildings (attach plans & costs) Equipment/Machinery/Fixtures $ (attach list and estimated costs) $ Remodeling $ Industrial Inventory/Working Capital $ Other (attach description) Total Costs$ Comments: Proposed Sources of Financing SOURCE NAMETERMS AMOUNT Bank Loan __________ $_________ Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 10of 17 498473v2 JSB EL185-13 Bank Loan __________ $_________ Other Private Funds __________ $_________ Applicant Contribution $_________ Other __________ $_________ Fed Grant/Loan __________ $_________ State Grant/Loan __________ $_________ HRA Blighted $ Properties Forgivable Commercial/Industrial Loan Program Tax Increment Financing $ Tax Abatement $ Total Financing $_________ Collateral Assignments Lien Description of Collateral Position To Bank 1 To Bank 2 To Private Sources To Other Sources To State To HRA Micro Loan HRA Blighted Properties Forgivable C/I loan Value of Collateral Book Value Cost Existing Liens Land $_________ $___________ $__________ Buildings $_________ $___________ $__________ Machinery & Equip. $_________ $___________ $__________ Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 11of 17 498473v2 JSB EL185-13 Other__________ $_________ $___________ $__________ Other__________ $_________ $___________ $__________ IV. JOB & WAGE GOALS How many employees do you currently have? Guidelines require a minimum of one job created for every $15,00 Jobs to be Created* Please provide the following information on jobs you expect to c-years. Average Are the Jobs Expected Number Hourly Annual Permanent or Hiring Job Titleof Jobs WageSalaryTemporary? Date Program Objectives (Check all that apply) _____ The project contributes to the fulfillment of the citys and adopted housing and redevelopment authority 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 exng building code violation. Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 12of 17 498473v2 JSB EL185-13 V. PROJECT CONTACTS Attorney Name Address Phone ______ Accountant Name ______ Address Phone Financing Sources (lenders, partners, etc&) Name ______ Address Phone Name ______ Address Phone Parent Company Name ______ Address Phone Others Name ______ Address Phone ______ Name Address Phone Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 13of 17 498473v2 JSB EL185-13 VI. 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 Compl During the Proposed Project Duration _______G) Letter of Commitment from the Other Sources of Financ Stating Terms and Conditions of their Participation in Project _______H) Application Fee of $2,000 _______I) Certificate of Good Standing VI. AGREEMENT 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 Hou Authority to check credit references and verify financial and ot agree to provide any additional information as may be requested by the HRA. APPLICANT SIGNATURE _______ BY DATE Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 14of 17 498473v2 JSB EL185-13 APPLICATION REVIEW WORKSHEET TO BE COMPLETED BY CITY STAFF In the event of multiple applicants, and limited funds dedicated the attached worksheet will be used to determine how the funds will be allocated The project meets the criteria set forth in Section IV of the Bl Forgivable Commercial/Industrial Loan Policy. Check those which apply. Must meet first four to score 20 points. 0 points if any of the first four boxes are unchecked. wages and benefits equal to at least $15.00/hr Creates new jobs. The mi nimum wage for a job to be considered a new or retained job shall be the greater of $15.00 per hour or 150% of state or federal minimum wage, whichever is greater, exclusive of benefits required by law. (5 Increases tax base (5 points The project can demonstrate that investment of public dollars in (5 points) The project provides higher wage levels to the community or will add value to current workforce skills. (5 points) The project results in the sale and/or redevelopment of structur properties as determined by a structural engineer. (additional 100 points given) Subtotal Section 1 (maximum 120 points) 2. Consideration of Capacity. Check those which apply. Must meet all four to score 20 points. points if any boxes are unchecked. Applicant included a realistic implementation /project schedule Applicant has the ability to administer and monitor project (5 points) Applicant has the ability to conform to city, state and federal Applicant has agreed to annual progress reports and submission o all new hires (5 points) Subtotal Section 2 (maximum 20 points) Points 3. Impact : Number of new jobs as a result of the project: *Award five points per job created up to 150 points Ratio of loan funds to jobs created/retained $15,000 or less/job 80 points $15,001-$24,999/job 60 points $25,000-$34,999/job 40 points Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 15of 17 498473v2 JSB EL185-13 $35,000 and over/job 20 points Increase in the local real estate tax base >$500,000 20 points $250,000 to $500,000 15 points <$250,000 10 points Immediacy of Impact *20 points awarded if project will begin within 6 months Subtotal Section 3 (maximum 270 points) *minimum of 60 points must come from this section in order for p Points 4. Wage Level of new jobs created Minimum hourly wage of jobs created/retained: Over $21/ hour 5 points $18-21 / hour 4 points $14-17 / hour 3 points $11-13 / hour 2 points Below $11/ hour application disqualified 5. Project size: The project will result in the construction of square feet. 80,000+ 50 points 65,000+ 40 points 50,000+ 30 points 35,000+ 20 points 25,000+ 10 point Subtotal Sections 4-5 (maximum 55 points) Sub - Total Points: of a possible 465 points. Blighted Properties Forgivable Commercial/Industrial Loan Fund A Page 16of 17 498473v2 JSB EL185-13 Document comparison by Workshare Compare on Tuesday, April 25, 2017 4:58:54 PM Input: Document PowerDocs://DOCSOPEN/498473/1 1 ID DOCSOPEN-#498473-v1- Description Elk_River_2017_BLIGHTED_COMMERCIAL_PROPERTIES_LOAN_POLICY Document PowerDocs://DOCSOPEN/498473/2 2 ID DOCSOPEN-#498473-v2- Description Elk_River_2017_BLIGHTED_COMMERCIAL_PROPERTIES_LOAN_POLICY Rendering Standard set Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deletedcell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions7 Deletions5 Moved from0 Moved to0 Style change0 Format changed0 Total changes12 Residential and Redevelopment Authority Blighted Properties Demolition & Forgivable Residential Loan Program Policy Guidelines & Application HRA Adopted February 1, 2016 City Council Adopted: February 16, 2016 City of Elk River Housing and Redevelopment Authority 13065 Orono Parkway Elk River, MN 55330 763.635.1040 www.elkrivermn.gov Blighted Properties Demolition & Forgivable Residential Loan Pro 498470v1 JSB EL185-13498470v2 JSB EL185-13 BLIGHTED PROPERTIES DEMOLITION & FORGIVABLE RESIDENTIAL LOAN PROGRAM APPLICATION TABLE OF CONTENTS Introduction Purpose/Background 1 Funding Availability 1 Deadlines/Requirements 1 Application Fee 1 Qualifying Projects 1 Eligible Applicants 2 Eligible Program Costs 2 Terms 2 Forgiveness 2 Required Appraisal/Assessment 2 Awarding Loans 3 Modifications to the Policy __________________________________________3 Preferred Score ___________________________________________________ 3 Application Cover Page_______________________________________________________4 Site Identification__________________________________________________5 Valuation ________________________________________________________5 Maps and Site Features______________________________________________5 History___________________________________________________________6 Current Conditions and Development Potential___________________________6 Cost Analysis _____________________________________________________6 Sources and Uses of Funds (Budget Table)______________________________7 Analysis of Loan Need_____________________________________________ 7 Financial Information________________________________________________8 Attachment Checklist ______________________________________________________ 9 Agreement _______________________________________________________________10 Application Review Worksheet ______________________________________________ 11 Blighted Properties Demolition & Forgivable Residential Loan Pro 498470v1 JSB EL185-13498470v2 JSB EL185-13 BLIGHTED PROPERTIES DEMOLITION & FORGIVABLE RESIDENTIAL LOAN PROGRAM POLICY INTRODUCTION PURPOSE/BACKGROUND: The city of Elk River Housing and Redevelopment Authority (HRA) has developed a program to meet the untapped need for assistance with demolition and other redevelopment activities when either there is no current development plan or where future development visions are hindered by current blight. In some cases, despite a potential for future redevelopment, hazardous conditions or other public safety factors may become a community’s immediate concern. Securing and maintaining vacant dilapidated structures is costly. Therefore, the Elk River HRA has created the Blighted Properties Demolition & Forgivable Residential Loan program to include loan funds for demolition activities when an imminent redevelopment opportunity does not currently exist. FUNDING AVAILABILITY: Availablefunding amounts vary per budget cycle. DEADLINES/REQUIREMENTS: Applications are due on the first Monday of each month. Completed applications and supporting documentationmust be received by the city by 4:30 p.m of Elk River . on the due date to be considered for funding. APPLICATION FEE: The applicant must submit an application fee of $500[plus legal and any other out-of-pocket costs incurred by the HRA]at the time of submittal. QUALIFYING PROJECTS: A project qualifies for a loan if the followingconditions are met: Upon completion of the project, the property and structures will be owner-occupied 1. dwellings; The structures constitute a threat to public safety because of inadequate maintenance, 2. dilapidation, obsolescence, or abandonment; Upon completion of the demolition, the HRA reasonably expects that the property will 3. be improved and these improvements will result in redevelopment benefits to the municipality. The structure must be defined per MN State Statue 117.025, Subdivision 7 as 4. “structurally substandard”. "Structurally substandard" means a building: that was inspected by the appropriate local government and cited for one or (1) more enforceable housing, maintenance, or building code violations; in which the cited building code violations involve one or more of the (2) following: a roof and roof framing element; (i) support walls, beams, and headers; (ii) foundation, footings, and subgrade conditions; (iii) light and ventilation; (iv) 1 498470v1 JSB EL185-13498470v2 JSB EL185-13 fire protection, including egress; (v) internal utilities, including electricity, gas, and water; (vi) flooring and flooring elements; or (vii) walls, insulation, and exterior envelope; (viii) in which the cited housing, maintenance, or building code violations have not (3) been remedied after two notices to cure the noncompliance; and has uncured housing, maintenance, and building code violations, satisfaction (4) of which would cost more than 50 percent of the estimated market value for the building, excluding land value. ELIGIBLE APPLICANTS: Eligible applicants for this program must be the owner of the property at the time of the application or before disbursement of funds. ELIGIBLE PROGRAM COSTS: the Blighted Properties Demolition & Forgivable Residential Loan program can pay up to $15,000 of the demolition costs for a qualifying site. “Demolition costs” means the costs of demolition, destruction, removal, and clearance of all structures and other improvements on the project site, including interior remedial activities, and proper disposal thereof. As used in this subdivision, “structure” has the meaning given it in section 116G.03, subdivision 11. Costs incurred before the loan is awarded are not eligible for payment. TERMS: Loans for demolition costs may be made subject to the following terms and conditions: The agreement to repay the loan must be a generalpersonalobligation of the property 1. owner, payable primarily from a dedicatedidentifiedsource of revenueincome of the property owner, or other security subject to review and approval by the HRA commission. 2.The term of the loan may not exceed 5 years; 3.The loan shall bear interest at a rate equal to two percent.; 2. If the property owner ceases to occupy the property as his/her/their primary residence 3. prior to the fifth anniversary of the closing date, the property owner will immediately repay the principal amount of the loan and accrued interest to the date of repayment; The principal amount of a loan may not exceed $15,000; 4. Loan proceeds shall be disbursed for eligible demolition costs as incurred or paid by the 5. borrower and upon submission of invoices and other supporting documentation satisfactory to the commission;. FORGIVENESS: The HRA will forgive the principal of the loan and interest accrued but unpaid thereon, if any,up to 100 percent of the original loan amount, not to exceed the costs of demolition, after 5 years of maintaining the property as an owner occupied dwelling. Upon request from the HRA, the property owner will provide evidence that the property has been owner occupied for 5 years. REQUIRED APPRAISALS OR ASSESSMENTS: Land appraisals of the current (as-is) and expected (pre-construction) value of the site are required so that the HRA can determine 2 498470v1 JSB EL185-13498470v2 JSB EL185-13 the fair market value. Both appraisals must be done by an independent appraiser using accepted appraisal methodology. In lieu of an appraisal, the applicant may use the current and projected assessed values as determined by the local assessor. Values cannot be determined in any other manner. The value of the property after the proposed development is completed is also requested. AWARDING LOANS: The HRA will award loans to projects that provide the highest return in public benefits for the public costs incurred and meet all of the statutory requirements. In order to evaluate the applications for public benefits with respect to thecosts incurred, the law specifies priorities that the HRA must consider. Awards are based on the availability of funds. SIMULTANEOUS MICROLOANS The simultaneous use of different HRA microloan programs by any one borrower or for any one project is prohibited. CALL OF LOAN A loan shall become due and payable in full if the owner-occupant relocates outside of the city of Elk River prior to the maturity date of the loan. COST OF REVIEW 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 $500 processing fee, which is paid at the time of application, [plus legal and any other out-of-pocket costs incurred by the HRA]. In addition to the processing fee, all legal and filing fees shall be paid by the borrower at loan closing. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL All applicants shall first contact a primary lending institution 1. the financing of the overall project. The applicant shall then meet with city staff to obtain information 2. program, discuss the project, and obtain application forms. The applicant shall complete and submit an application form to t 3. $1,000500 processing fee [plus legal and any other out-of-pocket costs incurred by the HRA]. The fee is used to cover processing expenses and any remaining returned to the applicant. The applicant must provide a letter conventional financing from the primary lending institution. The HRA is a governmental entity and as such must provide public 4. it receives. Data deemed by Applicantapplicant to be nonpublic data under State law should be so designated or marked by Applicant. See Minn. Sat. Sections 13.59, Subd. 1, respectivelyapplicant. See Minnesota Statutes, Chapter 13, as amended. The application will be reviewed by the city staff to determine 5. policies and ordinances and to consider the following: 3 498470v1 JSB EL185-13498470v2 JSB EL185-13 a. The availability and applicability of other governmental gr microloan programs. b. Whether the proposed project after demolition will result i building and zoning codes. c. Whether it is desirous and in the bestinterests of the public to provide funding for the project. The HRA Commissioners will review each application in terms of i 6. the goals of the citys Comprehensive Plan and Housing and Redev Strategic Plan and in relation to the projects overall impact on the communitys economy. 7. The HRA Commissioners will evaluate the project application in t a. Project Design - Evaluation of project design will include review of proposed activities, time lines and a capacity to implement the project. b. Financial Feasibility - Availability of funds, private involvement, financial packaging and cost effectiveness. Appropriate ratio of private funds to Microloan funds. Sufficient cash flow to cover proposed debt service as demonstrated by financial statements and projections. Letter of Commitment from applicant pledging to complete the pro during proposed project duration, if the loan application is app Letter of Commitment from other financing sources stating terms and conditions of their participation in the project if applicable. c. All other information as required in the application and/or a as may be requested by the Economic Development staff. . d. Project compliance with all city codes and policies e. Microloan Objectives - the applicant must demonstrate how the proposed activities will meet at least oneof the following objectives: The project contributes to the fulfillment of the citys approve economic development and/or redevelopment plans. The project prevents or eliminates slums and blight. The project brings a structure into compliance with an existing violation. 8. A written request for an extension shall be accompanied by a copy of current financial statements and a $500 upfront processing fee. The processing fe processing expenses. The application for an extension beyond th include a letter of denial from a conventional lender. 4 498470v1 JSB EL185-13498470v2 JSB EL185-13 9. The HRA Commissioners will approve, deny, or request a resubmiss of any 8. application submitted under this policy. 8.MICROLOAN POLICY REVIEW The above criteria will be reviewed on an annual basis to ensure this document are consistent with the economic development goals set forth 9. RIGHT OF REFUSAL The HRA may deny any application if it is found not consistent w Comprehensive Plan and Housing and Redevelopment Authority Strategic Plan, or Mississippi Connections Plan and in relation to the projects ov communitys economy. PREFEREDPREFERREDSCORE: 10. 9. Precedence will be placed on applications which meet a preferre fulfill this requirement of reviewing applications in an objective and fair man following criteria have been assigned maximum point values in or loans. All assigned scores will be relative to scores awarded t 5 498470v1 JSB EL185-13498470v2 JSB EL185-13 Blighted Properties Demolition & Forgivable Residential Loan Application Cover Page Applicant: Applicant Address: City: _______________________________________ Zip Code: Project Manager Contact (if different from above)___________________________________ Phone: ______-______-____________ E-mail: Mailing Address: _______________________________________________________________ Application Author __________________________________________________________ Author’s Phone & email________________________________________________________ Provide a written executive summary of the project, including the applicant’s involvement in the project to date and how the applicant intends to manage the project should a loan be awarded. 6 498470v1 JSB EL185-13498470v2 JSB EL185-13 I. SITE IDENTIFICATION AND HISTORY SITE INFORMATION 1.Name of Site: Site Address: City: Zip Code:__________________________________ Acreage of Site: Sq. Ft. of Site: 2.A. Does the applicant own the property? _________________________________________ B. If not, at what point will the applicant acquire the property? _______________________ C. What is the purchase price? _____________________________ Attach the Purchase Agreement or other evidence of the commitment of both parties. D. Is it anticipated that the property owner will retain ownership of the property once the demolition is complete? _________________________________________________ Provide 3.a legal description of the site. SITE VALUATION 4.What is the current appraised or assessed value of the Site? ___________________ Attach the appraisal or assessor’s value. 5.What is the projected appraised or assessed value after the demolition activities have been ________________________________________ completed (prior to development)? Attach the appraisal or assessor’s value. 6.What is the projected value after the proposed development is complete? _______________ MAPS AND SITE FEATURES Attach 7.an accurate and legible site and location map indicating the site showing locations of prominent and relevant site features such as buildings, retaining walls, etc. (NOTE: maps shall include property boundaries, a north arrow and bar scale). The map(s) should show the following: a)The current condition of the site including labeled structures and where and for what activities the HRA money will apply. b)The proposed potential development of the site including labeled structures if known. 7 498470v1 JSB EL185-13498470v2 JSB EL185-13 provideNote: Photographs are a very important 8.Please current photographs of the site. part of review process. HISTORY attach 9.Please a synopsis on the history and general background of the site. This includes, but is not limited to, a description of the former and current uses of the site, as well as an explanation of what has occurred on the site, leading to its current dilapidated condition. CURRENT CONDITIONS 10.How many buildings are currently on site? Residential _______ How many are occupied? ______ If vacant, for how long? 11.Year building(s) was/were built: II. COST ANALYSIS 14.How much money are you seeking from the HRA? ________________________________ (May not exceed $15,000) all 15.Fill out the budget table below indicating the uses, and amounts of funds that will be used for eligible costs as defined. The table should indicate the total project budget non- incurred costs. 8 498470v1 JSB EL185-13498470v2 JSB EL185-13 III. SOURCES AND USES OF FUNDS Demolition Uses of Funds for the Project (Budget Table) Use of Funds (Activity)AmountDate Activity Will Occur Acquisition Demolition Interior Abatement for Demolition Other: Total IV. ANALYSIS OF LOAN NEED 16.Describe how the structures on the property constitute a threat to public safety, are functionally obsolete, or are economically unfeasible to repair. 17.Describe how demolition of the site will reduce blight and improve the property’s economic vitality, functionality and aesthetics. 18.Describe how close the property is to existing sufficient public infrastructure. 21.Describe how the community is stabilized, health is improved or any environmental benefits are achieved by the demolition of the site. 9 498470v1 JSB EL185-13498470v2 JSB EL185-13 V. FINANCIAL INFORMATION Historical Financial Statements: 22. Submit Financial statements should cover the past three years. Financial Statements should include: Personal Tax Returns, Personal Financial Statement, and details on existing debt agreements. A commitment letter from the primary financial institution must accompany the application. 23.The maximum term of the loan cannot exceedAre you committed to using the property as your primary residence for at least5 years.? What is your proposed term? __________________________________ 10 498470v1 JSB EL185-13498470v2 JSB EL185-13 VI. ATTACHMENTS CHECK LIST Please attach the following: ______A) Residential Loan Program 1. Site Information 2. Site Valuation 3. Maps and Site Features 4. History 5. Current Conditions _______B) Cost Analysis _______C) Sources and Uses of Funds _______D) Analysis of Loan Need _______E) Financial Statements Three Years of Personal Tax Returns 1. Details of Existing Debt Agreements 2. _______H) Letter of Commitment from Applicant Pledging to Complete During the Proposed Project Duration _______I) Letter of Commitment from the Other Sources of Financ Stating Terms and Conditions of their Participation in Project _______J) Application Fee of $500 [plus legal and any other out-of-pocket costs incurred by the HRA] ______K) Inspection report by an appropriate local government wh the property is cited for one or more enforceable housing, maintenance, or building code violations. 11 498470v1 JSB EL185-13498470v2 JSB EL185-13 VI. AGREEMENT I / We certify that all information provided in this application my/our knowledge. I / We authorize the City of Elk River Housing and Redevelopment Authority to check credit references and verify financial and other inform additional information as may be requested by the HRA. APPLICANT SIGNATURE_________________________________________________ BY DATE 12 498470v1 JSB EL185-13498470v2 JSB EL185-13 APPLICATION REVIEW WORKSHEET TO BE COMPLETED BY CITY STAFF In the event of multiple applicants, and limited funds dedicated 1. attached worksheet will be used to determine how the funds will ated. The project meets the criteria set forth in Section IV of the Bl Forgivable Residential Loan Policy. Check those which apply. Upon completion of the project, the property and structures will-occupied dwellings; (50 points) The current primary structure constitutes a threat to public saf maintenance, dilapidation, obsolescence, or abandonment; (10 poi Upon completion of the demolition, the HRA reasonably expects th improved and these improvements will result in redevelopment benefits (10 points) The project results in the sale and/or redevelopment of structur as inspected by the appropriate local government and cited for oor more enforceable housing, maintenance, or building code violations. ; (5 points) Subtotal Section 1 (maximum 75 points) 2. Consideration of Capacity. Check those which apply. Must meet all four to score 20 points. any boxes are unchecked. Applicant included a realistic implementation /project schedule; Applicant has the ability to administer and monitor project; (5 Applicant has the ability to conform to city, state and federal Applicant has obtained a letter of commitment to finance the project from th lender; (5 points) Subtotal Section 2 (maximum 20 points) 3. Vacancy, Development Potential and Proximity to City Service 13 498470v1 JSB EL185-13498470v2 JSB EL185-13 The length of vacancy of the property; 0-1 year: 1 point o 2 years: 2 points o 3 years: 3 points o 4 years: 4 points o 5+ years: 5 points o Subtotal Section 3 (maximum 10 points) Subtotal Sections 1-3 (maximum 105 points) Sub - Total Points: of a possible 105 points. 14 498470v1 JSB EL185-13498470v2 JSB EL185-13 Document comparison by Workshare Compare on Tuesday, April 25, 2017 4:57:48 PM Input: Document PowerDocs://DOCSOPEN/498470/1 1 ID DOCSOPEN-#498470-v1- Description Elk_River_2017_BLIGHTED_RESIDENTIAL_PROPERTY_FORGIVABLE_LOAN_POL Document PowerDocs://DOCSOPEN/498470/2 2 ID DOCSOPEN-#498470-v2- Description Elk_River_2017_BLIGHTED_RESIDENTIAL_PROPERTY_FORGIVABLE_LOAN_POL Rendering Standard set Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions22 Deletions20 Moved from0 Moved to0 Style change0 Format changed0 Total changes42