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8.1. HRSR 07-06-2021 �J etyof ElkRequest for Action River To Item Number Housing and Redevelopment Authority =8.1 Agenda Section Meeting Date Prepared by Work Session July 6, 2021 Colleen Eddy, Economic Development Specialist Item Description Reviewed by Center for Environment and Energy (CEE) Programs Brent O'Neil, Economic Development Director Discussion Reviewed by Cal Portner, City Administrator Action Requested Receive information on the various programs offered through CEE. Background/Discussion At the June 7, 2021, HRA meeting,the commission discussed the HRA Rehabilitation Loan Program regarding the current program guidelines and the impacts it might have on new applications.Jim Hasnik,Director of Lending Services at CEE,will discuss the various programs offered through CEE to better understand how and if the HRA's rehabilitation loan program could be modified. Financial Impact N/A Mission/Policy/Goal The goal of the HRA is to improve existing housing stock by offering incentives or programs to repair and maintain residential properties. Attachments ■ HRA Rehab Loan Program Policy ■ CEE Programs Presentation ■ Administrative Contract The Elk River Vision A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity ,g /` UR EXHIBIT A PROGRAM GUIDELINES This document includes guidelines for the REVOLVING LOAN PROGRAM Exhibit A Page I Agreement between Elk River HRA and Center for Energy and Environment CITY of ELK RIVER REVOLVING LOAN PROGRAM GUIDELINES The Elk River Housing and Redevelopment Authority has funds available for homeowners to make improvements to their properties. The Elk River Revolving Loan Program is designed to supplement existing loan programs available from MHFA, CEE, private lenders and other housing resources. This program is not intended to be the sole source of improvement funds available to the City. Center for Energy and Environment shall serve as the administrator for the Elk River Loan Program and will secure the most beneficial financing based on the borrower's needs independent of the funding source. Interest Rate: 4% Revolving Loan Program Amortization Type: Amortizing (Monthly Payments Required). Loan Amount: Minimum of $5,000 and Maximum of $25,000. Loan term: Generally, one year per $1,000 borrowed. This will be somewhat flexible depending on the size of the loan and the borrower's ability to repay the loan. $5,000 to $15,000 — up to 10 years $15,001 to $25,000 — up to 15 years Eligible Properties: 1.4 unit owner -occupied properties located within the geographical boundaries of the City of Elk River AND the Urban Services District. A recent water and sewer utility bill may be used to verify the borrower is in the Urban Services District. If applicant does not have a utility bill a letter of eligibility from the City of Elk River can be used. Townhomes, Condominiums and properties held in a Trust are eligible. The property must be at least 20 years old. Property must not be in a flood plain. Ineligible Properties: Dwellings with more than four units, cooperatives, manufactured homes, and properties used for commercial purposes. Properties located in a flood plain. Properties NOT located in the Urban Services District. Eligible Borrowers: All borrowers must be legal residents of the United States, as evidenced by a social security number, Including: U.S. Citizens, Permanent Resident Aliens, Non -Permanent Resident Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE. Ineligible Borrowers: Including but not limited to: - Foreign Nationals, Non -Occupant Co -Borrowers, and business entities. Ownership/Occupancy: Owner- occupied only. Exhibit A page 2 Agreement between Elk River HRA and Center for Energy and Environment Loan - to - Value Ratio: The ratio of all loans secured by the property, including the new loan, should not exceed 100% of the property value. Half of the improvement value may be added to the initial property value. Income Limit: No maximum income limit. Debt - to - Income Ratio: Applicant must have the ability to repay the loan. An applicant who has a debt to income ratio in excess of 43%will be ineligible to receive financing. Credit Score Requirement: All borrowers must have a minimum of a 620 credit score. Credit Requirements: 1) All mortgage payments must be current and reflect no 30 day late payments history in the past 12 month period (without reasonable explanation). 2) All real estate taxes must be current. 3) No outstanding judgements or collections. 4) Bankruptcy must have been discharged for at least 24 months prior to loan closing. 5) The redemption period on prior foreclosures must have occurred at least 24 months prior to the loan application date. 6) Generally, no more than two 30 -day late payments on credit report in the past year (without reasonable explanation). Any 30 day late requires a documented explanation and reasonable reasons; medical, unemployment, divorce. 7) No defaulted government loans. Multiple Loans per Property: More than one loan per property is allowed, however, the outstanding balances) cannot exceed the maximum program limit and previous loans are current and have an acceptable payment history. Eligible Use of Funds: Loans may be used to finance most permanent interior and exterior improvements including, but not limited to: roofing, siding, doors/windows, plumbing, electrical, HVAC, insulation, solar, garage, driveways, sidewalks/steps, painting, flooring, additions, landscaping, etc. Ineligible Use of Funds: Payment for work initiated prior to the loan being approved and closed, unless due to emergency. Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment, saunas, whirlpools, etc.), furniture, non -permanent appliances(unless part of a full kitchen remodel), and funds for working capital, debt service, homeowner labor or refinancing existing debts are NOT allowed. Bids: Only one estimate is required. All contractors must be properly licensed. Sweat Equity Homeowner Labor: Work may be performed by property owners on a "sweat equity" basis. Loan funds may be used only for the purchase of materials and to rent tools/ equipment, but not to compensate for labor. Remodeling Advisor Visit (RAV): The Remodeling Advisor Visit provides rehabilitation and/or remodeling advice upon request of the resident. The intent is to help residents improve their homes by providing technical assistance before and during the bidding and construction process. All "Eligible Properties" are eligible for this service. This visit is not required and would be paid by the borrower(s). Exhibit A Page 3 Agreement between Elk River HRA and Center for Energy and Environment Post Installation Inspection: Permits must be obtained and signed off by a City inspector where required; when not required, a post installation inspection will be performed by a City of Elk River representative to ensure the work has been completed before any funds will be released. Loan Security: All loans will be secured with a mortgage in favor of the Elk River Housing and Redevelopment Authority. Borrower will pay all applicable title and filing fees, which may be financed in the loan amount. Borrower Fees: Borrower will be responsible for a 1% origination Fee, $50 Document Preparation Fee, mortgage filing and service fees, flood certificate, credit report fees and any other applicable closing costs, all which may be financed in the loan amount. Underwriting, Decision: Applicants must have acceptable credit history (see Credit Requirements). CEE will approve or deny loans based on a credit report, income verification and other criteria as deemed necessary through CE E's underwriting guidelines. CEE shall refer to the Elk River HRA for any questionable situations. All borrowers must have a credit score of at least 6201. Work Completion: All work must be completed within 120 days of the loan closing. However, when warranted, CEE may authorize exceptions on a case by case basis. General Program Conditions Application Processing_ Loans will be distributed on a first come first serve basis as borrowers qualify. Applicants must provide a completed application package including, but not limited to: Completed and signed application form Proof of income Bids or estimates for proposed projects Valid Identification Other miscellaneous documents CEE may require. Program Costs: Loan origination and other administrative fees will be paid out of the Program Budget. Loan program marketing efforts will be billed directly to the City of Elk River Housing and Redevelopment Authority. Should the HRA choose to commission CEE for marketing support it will be a separate expense. Total Proiect Cost: It is the borrower's responsibility to obtain the amount of funds necessary to finance the entire cost of the work. In the event the final cost exceeds the original loan amount, the borrower must obtain the additional funds and show verification of the additional funds in order to be approved for the loan. Disbursement Process: Payment to the contractor (or owner in sweat equity situations) will be made upon completion of work. An inspection will be performed by a city inspector and/or representative to verify the completion of the work. The following items must be received prior to final disbursement of funds: • Final invoice or proposal from contractor (or materials list from supplier); • Final inspection verification by a City Inspector or representative; Exhibit A Page 4 Agreement between Elk River HRA and Center for Energy and Environment ■ Completion certificates) signed by borrower, contractor and city inspector or representative (if a permit is not required); • Lien waiver for entire cost of work; • Evidence of city permit (if required) Exhibit A Page 5 Agreement between Elk River HRA and Center for Energy and Environment •ar•ussaaaawwwwwwrrarsassssu urwwwararrrrrrrrrrrrrssrrrrwaaawaawaawurrr• ••sa sssssssawwwwwwaaasssssawss wawwrwwssrrararrwrw sww wwwwwawawwawwwswwrrrr• •aa ssssssassssswwaasassas w wa wwwww•wasaaaaawwswwwwwwwwawswwwswaw aws• rwwwrwrruruarrwrrrrrrrrrrrrrrrrrrr••rrrrrrrrrrrrrrrwrrrrrr•rrrsrrsrwar.rrrr ur ••ssrrrrsrssrsswwssssrrrrrrrrrrrrrrrrrssssrsrrrrrrrrrrrrrrrrrrssssssssrrrrrrrrr• July 6, 2021 •aaaaaaaasu waaaaasrrsssaaaaowwwwu••rrrrrrrrrrau orwrausuurraaaarsra ••sssssssssssssssassssssassssss wssw•sassrsssawrwwrwwwrrssrsarwwsarrssss• •sssasassssswawarsssssssss•uas uaaw•ssssasssswuaaaasssrrsrsuwrwwawasaa urs• •sasassaaasaaaaas••ssssssassssswwaassssssssaauau sssssruwwwaaaawrarr•u•r• rssssssssssawwwrrarsssssssssssss•wwsrrr•sarrsrwwws•wswwraawarwwwrwrrrrr• •w wswss wwswawaassssswwwaw sawwwwasassaaawwwasssswwwwwawawawwrarrrr• •aaaraas u•uaaaaaaaasarsrsra�arHaauuu•wwrrMwraaarsrrarawurAuwwaaa••aaa• u•aasssasasrasarsaaaasssssrssrrrrra•uu••srrrwwrrrusssrrerrrwrwwrrrrwrr••rer• ••sssssssssssrrsrsssrsrrrrrrrrrrrrrrsswsssrsrrsrrrrrrrrrrrrrrsrsrasswswwwrrssrs• rrrrarraasaswawaasrap rrrssr•usaaauaasarssrsswwrraraarrrsor»arwwarwaaasssss saararrsssssawwas••saarsassrssrwsrsrsarrsrrrrrr••rrrrrrarsrrrraaaaaaawwasaarar• ••rsssasssssrwwsawrraasraswsssr uawrrrrssrrrrrrwrwwww wwwrwaaaaaawwswwrrrrr• CENTER FOR ENERGY AND ENVIRONMENT Minneapolis, MN Jim Hasnik Director of Lending Services cee:'D Center for Energy and Environment Lending Center Staff LI big Jim Hasnik Brenda Yaritz Cristina Lussio Jackie Flom DeShaun James Director of Lending Services Lending Supervisor Loan Services Supervisor Loan Services Assistant Loan Officer Y LeAnne Karras Marco Landoni Gillian Molland Talia Sheldon-Desjardins Lecam Trang _.�,r Loan Servicing Specialist Loan ) o vices�,ss�stant Loan Officer Loan Servicing Processor cee Pg. 2 Center for Energy and Environment Lending Center Partners • CEE administers programs in partnership with : MN Department of Commerce MN Housing Financing Agency 18 Cities Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Coon Rapids, Crystal, Edina, Elk River, Fridley, Minnetonka, Mounds View, New Hope, Richfield, Roseville, St. Paul, St. Louis Park and Minneapolis Ramsey County Utilities CenterPoint Energy, Xcel Energy and Great River Energy cee Center for Energy and Environment Elk River Loan Activity • Closed 2 city loans for $40,252 .22 in 2019 • No city loans closed in 2020 or 2021 • Closed 5 CEE Loans (EZPAY, Solar and Home Improvement) for $61 , 863 since 2019 • Closed 9 MHFA loans for $ 181 , 820 since 2019 • Currently have 1 loan in process cee ' Dg Center for Energy and Environment Elk River Loan Program • 4% • $5, 000 to $ 15, 000 up to 10 years • $ 15, 001 to $25, 000 up to 15 years • Property must be at least 20 years old • Debt to Income Ratio of 43% • Loan to Value Ratio of 100% • No Income Limits cee ' Center for Energy and Environment Energy Programs Funded by MN Department of Commerce, CEE, City of Minneapolis & MHFA Financing can be used for Energy Efficiency Projects such as: HVAC, Heat Pumps Water Heating Windows / Exterior Doors Insulation and Air Sealing Rates range from 0% - 3. 125% (adjusted quarterly) Up to $25,000 and up to 10 year term Debt to Income Ratio 48% Loan to Value Ratio 110% for secured loans No Income Limits ceeF gt Center for Energy and Environment Solar Program Funded by CEE and MN Department of Commerce Rates from 2.5% - 4.5% (determined by credit score and loan term) Up to $50,000 Up to 15 year term Debt to Income Ratio of 43% Loan to Value Ratio of 100% No Income Limits cee Dg. Center for Energy and Environment CenterPoint EZPAY Loan Program Financing can be used for Energy Efficiency Projects such as: HVAC Water Heating Insulation and Air Sealing 6.5% Up to $20,000 and up to 10 year term No Debt to Income or Loan to Value Ratio requirements No Income Limits Minimum credit score requirement of 620 cee ; Center for Energy and Environment Home Improvement Programs • Home Improvement Funded by CEE and MHFA Rates range from 2.5% - 4.625% Up to $75,000 Up to 20 year loan terms Rates range from 0% - 4.625% Debt to Income Ratio of 48% (MHFA), 43% (CEE) Loan to Value Ratio of 110% (MHFA), 100% (CEE) MHFA income limit of $156,700 (qualifying income) and no income limit for CEE Program Unsecured options available cee ,. Center for Energy and Environment Commercial Loan Programs • Up to $100,000 • Up to 10 year loan terms • For-profit entities Rates from 1 % - 7% • Non-profit entities (501 c3) 0%-1 % loan for Xcel OSES Lighting Projects • Eligible projects include upgrades to: Geothermal Lighting technology HVAC controls Refrigeration equipment Envelope air sealing and insulation Solar cee0 Fg. 0 Center for Energy and Environment •ar•ussaaaaaaaaaarrarswssssu urwwwararrrrrrrrrrrrrssrrrrsraaaaaawaawurrr• ••sa sssssssaassaasawwsssssasss warty•wassrrwrarrarwsw wwwwasassaaassasrrrr• •aa ssssssasssssssaasassasws ws ws wssw sssaswwwaasswsw ws wswa wsraswsaassss as ass• rrrrrrrruruarrarrrrrrrrrrrrrrrrrrr••rrrrrrrrrrrrrrrrrrrrrr•rrrsrrsrrar.rrrr ur ••ssrrrrsrssrssrsssssrrrrrrrrrrrrrrrrrssssrsrrrrrrrrrrrrrrrrrrssssssssrrrrrrrrr• ••aa uaaaaaasauaaaaaasassaaaa urrwraru••ssuraraaaaaaarrarra•••usaaaasaasaa• •aaaaaaaasu waaaaasrrsssaaaaowwwwu••rrrrrrrrrrau orwrausuaarraaaarsa• wssssaassssssaaawwssssssaaasssswwwwassaswwwwuwu•wwwwasssaaraawwsrrsa• ••sssssssssssssssassssssassssssasssw•sassrssswwwwwww wswrwssrsarrrsarrssssr •sssasasssssaaaarsssssssss•uas uaaw•ssssassssruaaaasssrrsrsuwrssarasaa urs• •sasassaaasaaaaas••ssssssassssswwaassssssssaauau sssssruwwaaaaararr•u•r• rssssssssssasaarrarsssssssssssss•wasrrr•sarrsrwwws•w•aswraaaaaaaasrarrrrr• •w wssss wsssasaassssswwwas sassswasassaawawwwsssswswwwwaawsaasrarrrr• •aaaraas u•uaaaaaaaasarsrsra�arHaauuu•wwrrMwwaaarsrraruurrar••aaaa••aaa• u•aasssasasrasarsaaaasssssrssrrrrra•uu••swwwrwrrrussswwewrrarrarrsaarr••rer• ••sssssssssssrrsrsssrsrrrrrrrrrrrrrrssssssrswwsrrrrrrrrrrrrrrwrsrasssrrrsrrwsrs• rrr••••ra.J•aaaaaaaHpMaar••aaaaarraa N rrrr••rrrriiiraarrrff••r••aiarraaaaa H• saararrsssssaaaas••saarsassrssrwsrsrsarrsrrrrrr••rrrrrrawsrrrraaaaaaaaaasaararr ••rsssasssssrsasaarwwwsraswsssw uarrrrrssrrrrrrwrwwwwswwrwaaaaaaaasaarrrrra THAN V Jim Hasnik 6 cee:9 Center for Energy and Environment LOAN ORIGINATION AGREEMENT This LOAN ORIGINATION AGREEMENT ("Agreement") is made by and between The City of ELK RIVER HOUSING and REDEVELOPMENT AUTHORITY, with offices at 13065 Orono Parkway, Elk River, MN 55330 ("Authority"), and CENTER FOR ENERGY AND ENVIRONMENT, with offices at 212 3rd Avenue North, Suite 560, Minneapolis, Minnesota 55401 ("CEE"). RECITALS A. The Authority has a need for certain professional services and desires to retain CEE to provide said services, all subject to the terms and conditions contained in this Agreement. CEE is qualified to provide the desired professional services and desires to provide said services for the Authority, all subject to the terms and conditions contained in this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained in this Agreement, the parties agree as follows: 1. Services/Scope of Work 1.1 CEE shall in conjunction with the Authority develop and deliver the City of Elk River Home Improvement Loan Program (hereinafter the "Program") and more fully described in Exhibit A attached hereto. All activities delivered under the Program shall be coordinated with the Authority's designated Economic Development Director. 1.2 CEE shall assist the Authority staff in marketing the Program. CEE shall insure that the Authority's sponsorship of the program is a prominent part of any marketing effort. 1.3 The funding source is exclusively from the Authority and the program will be referred to as the Authority Funded Program. 2. Compensation 2.1 The Authority shall compensate CEE for services provided under this agreement according to the following schedule and more fully described in Exhibit 6 attached hereto: Loan Set Up Fee $1,500 The Authority shall pay CEE a one time loan set-up fee. This shall compensate CEE for time and labor to create the loan program. Loan Origination Fee $550.00 The Authority shall pay CEE an Origination Fee for each loan closed using the Authority Funded Program. The Origination Fee shall compensate CEE for assisting borrowers with CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 1 loan applications, preparation of loan documents, loan closing and other direct costs of processing loans. Mortgage filing, title work, credit report, flood, origination fee, document preparation fee and other applicable closing costs shall be paid by the borrower. CEE shall provide a copy of closing documents including the loan note and mortgage as documentation of the loan closing. Annual Administrative Fee $500.00 This shall be due January 15' of each calendar year the contract is in effect. To begin in the year 2020. The Authority shall compensate CEE only for services completed. Upon request, CEE will provide marketing services for the following fees: CEE Labor $65 per hour Hourly rates are inclusive of all overhead expenses and will be charged only for hours directly related to marketing. CEE will be reimbursed by the Authority for any non -labor, out-of-pocket expenses, relating to these services on a dollar -for -dollar basis with no mark-up. There is no cost for creating a program information sheet, creating links to our website and assisting in writing articles to promote the program. 2.2 CEE shall invoice the Authority not more than two times each month for the principal of loans and administrative fees. The Authority shall pay CEE within 20 days of receipt of the invoice. 3. CLIENT's Obligations 3.1 If requested by CEE, the Authority shall make reasonable efforts to respond promptly to requests from CEE for information and approvals regarding the services to be provided under this Agreement. 3.2 If requested by CEE, the Authority shall make reasonable efforts to obtain information and or permission for access from clients which may be necessary for CEE to provide the services under this Agreement. 3.3 The Authority shall provide sufficient funding to fund eligible Authority funded loans. The Authority shall determine the amount of funds allocated to the Program. 3.4 The Authority shall establish eligibility for the Authority Funded Program and shall provide these criteria in writing to CEE prior to commencement of any marketing efforts. 3.5 The Authority shall make reasonable efforts to respond promptly to requests from CEE for information and approvals regarding the services to be provided under this Agreement. CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 2 4. CEE's Obligations 4.1 CEE shall use its best efforts to provide services under this Agreement in a professional manner consistent with the care and skill used by reputable members of CEE's profession. 4.2 CEE, and all of its employees or agents, shall comply with all statutes, ordinances, rules, regulations and other laws applicable to the provision of services under this Agreement. 4.3 CEE shall secure all permits and licenses required for performance of the services under this Agreement. 4.4 CEE shall not engage in discriminatory employment practices against any employee or applicant for employment and shall in all respects comply with all federal, state and local laws, regulations and orders, including without limitation, Chapter 363 of the Minnesota Statutes, as amended from time to time. Failure to comply with the provisions hereof shall be deemed a material default under this Agreement. 5. Term and Termination 5.1 Unless earlier terminated as provided in the following paragraphs, this Agreement shall become effective on Ttia 4,2DI I and continue through 12/31/2021. 5.2 This Agreement may be terminated by either party, for any reason or no reason, immediately upon written notice to the other party. In the event this Agreement is terminated by CEE prior to the expiration of the term set forth in paragraph 5.1, the Authority shall compensate CEE for all services delivered up the date of termination and CEE shall provide the Authority with such information as the Authority may request regarding the status of the Authority Funded Program. 5.3 Any termination of this Agreement shall not release either party from their respective obligations under sections 7 and 8 of this Agreement. 6. Insurance 6.1 During the term of this Agreement, CEE will obtain and maintain insurance in the amounts listed below: General Liability Automobile Liability Excess Liability Workers Compensation 7. Liability and Indemnification $2,000,000 Aggregate Limit $1,000,000 Combined Single Limit $1,000,000 Aggregate Limit Statutory Limit CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 3 7.1 CEE represents that the services to be provided under this Agreement are reasonable in scope and that CEE has the experience and ability to provide the services. 7.2 CEE warrants that any services provided hereunder shall be done in a professional and workmanlike manner. 7.3 CEE shall indemnify, defend and hold harmless Authority and its officers, directors, employees and agents from and against any and all claims, damages, losses, injuries and expenses (including attorneys' fees and damages for death, personal injury and property damage) which Authority may incur as a result of any act or omission by CEE in providing services under this Agreement. 7.4 Authority shall indemnify, defend and hold harmless CEE and its officers, directors, employees and agents from and against any and all claims, damages, losses, injuries and expenses (including attorneys' fees and damages for death, personal injury and property damage) which CEE may incur as a result of any act or omission by Authority in discharging its duties under this Agreement. 8. Confidentiality Unless otherwise agreed by Authority in writing, CEE shall maintain in confidence and not disclose to any third party any information obtained regarding the Authority and/or any of Authority's clients for which CEE is providing services; provided, however, that this obligation to maintain confidentiality shall not apply to: a) Information in the public domain at the time of disclosure; b) Information which becomes part of the public domain after disclosure through no fault of CEE; or c) Information which CEE can demonstrate was known by it prior to the date of this Agreement. Notwithstanding the foregoing, CEE shall be entitled to disclose the documents or client information covered by this paragraph to governmental authorities to the extent CEE reasonably believes it has a legal obligation to make such disclosures and to the extent CEE reasonably deems to be necessary; provided, however, that if CEE believes that any such disclosure is required by law, it shall provide advance notice to the Authority to provide the Authority with a reasonable opportunity to attempt to obtain an injunction or other protective order preventing such disclosure. 9. Relationship of Parties CEE will provide services as an independent contractor under this Agreement. Neither CEE, nor any of its employees or agents, shall be considered employees of the Authority for any purpose, and neither shall CEE be eligible for any compensation or benefits which the Authority may provide to its employees from time to time. CEE shall be solely responsible for all employment and other taxes applicable to providing CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 4 services hereunder, and the Authority will not withhold any taxes or contributions from the compensation payable to CEE under this Agreement. 10. Notices All notices, requests, demands and other communications required to be given in writing under this Agreement shall be given to the other party in person or by mail as provided in this section. If delivered personally, notice shall be deemed to have been duly given on the date of delivery. If delivered by mail, such notice shall be sent via first class U.S. mail, postage prepaid, to the address set forth at the beginning of this Agreement or such other address as a party may otherwise request by written notice, and notice shall be deemed duly given three (3) business days after mailing. 11. Assignment This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns; provided, however, that neither party shall assign or transfer in any manner, this Agreement or any portion hereof without the prior written consent of the other party, and any attempt to assign or transfer without prior written consent shall be void and of no effect. 12. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 13. Miscellaneous 13.1 Headings and captions used in this Agreement are for convenience only and shall not affect the meaning of this Agreement. 13.2 This Agreement contains the entire agreement of the parties and supersedes all prior agreements, discussions and representations, written or oral, concerning the subject matter hereof. 13.3 No waiver by the Authority of any term or condition of this Agreement or any document referred to herein shall, whether by conduct or otherwise, be construed as a waiver or release of any other term or condition of this Agreement. 13.4 This Agreement may only be amended in a written agreement signed by both parties. 13.5 Except as expressly set forth in section 7, the rights and benefits under this Agreement shall inure solely to the benefit of the Authority and CEE, and this Agreement shall not be construed to give any rights, benefits or causes of action to any third party. CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 5 13.6 The invalidity or partial invalidity of any provision of this Agreement shall not invalidate the remaining provisions, and the remainder shall be construed as of the invalidated portion shall have never been a part of this Agreement. 13.7 CEE shall comply with the provisions of Minnesota Statutes Chapter 13 (Government Data Practices) that are applicable to the Authority and shall not disseminate any information concerning loan requests of the borrowers without the prior written approval of the Authority. 13.8 This Agreement may be signed in any number of counterparts, each of which shall be deemed an original and one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. The City of ELK RIVER HOUSING and REDEVELOPMENT AUTHORITY Print Name l o /f ? }y X-T!J —,- Date: 'j, CENTER FOR ENERGY & ENVIRONMENT U2 C� Waee�-. Its Ntl✓ Its: I'e F FOancra / 00{ 'Cey -- Date: A ' p� (Q –� c/ Tax ID # 4 1-1 647799 CONTRACT between Elk River Housing and Redevelopment Authority and CENTER FOR ENERGY AND ENVIRONMENT #2917 Page 6 EXHIBIT A This document includes guidelines for the REVOLVING LOAN PROGRAM Exhibit A Page 1 Agreement between Elk River HRA and Center for Energy and Environment CITY of ELK RIVER REVOLVING LOAN PROGRAM GUIDELINES The Elk River Housing and Redevelopment Authority has funds available for homeowners to make improvements to their properties. The Elk River Revolving Loan Program is designed to supplement existing loan programs available from MHFA, CEE, private lenders and other housing resources. This program is not intended to be the sole source of improvement funds available to the City. Center for Energy and Environment shall serve as the administrator for the Elk River Loan Program and will secure the most beneficial financing based on the borrower's needs independent of the funding source. Interest Rate: 4% Amortization Type: Amortizing (Monthly Payments Required). Loan Amount: Minimum of $5,000 and Maximum of $25,000. Loan term: Generally, one year per $1,000 borrowed. This will be somewhat flexible depending on the size of the loan and the borrower's ability to repay the loan. e $5,000 to $15,000 — up to 10 years • $15,001 to $25,000 — up to 15 years Eligible Properties: 1-4 unit owner -occupied properties located within the geographical boundaries of the City of Elk River AND the Urban Services District. A recent water and sewer utility bill may be used to verify the borrower is in the Urban Services District. If applicant does not have a utility bill a letter of eligibility from the City of Elk River can be used. Townhomes, Condominiums and properties held in a Trust are eligible. The property must be at least 20 years old. Property must not be in a flood plain. Ineligible Properties: Dwellings with more than four units, cooperatives, manufactured homes, and properties used for commercial purposes. Properties located in a flood plain. Properties NOT located in the Urban Services District. Eligible Borrowers: All borrowers must be legal residents of the United States, as evidenced by a social security number, Including: U.S. Citizens, Permanent Resident Aliens, Non -Permanent Resident Aliens. TAX IDENTIFICATION NUMBERS (ITIN) ARE NOT ACCEPTABLE. Ineligible Borrowers: Including but not limited to: - Foreign Nationals, Non -Occupant Co -Borrowers, and business entities. Ownership Occupancy: Owner- occupied only. Exhibit A Page 2 Agreement between Elk River HRA and Center for Energy and Environment Loan - to - Value Ratio: The ratio of all loans secured by the property, including the new loan, should not exceed 100% of the property value. Half of the improvement value may be added to the initial property value. Income Limit: No maximum income limit. Debt - to - Income Ratio: Applicant must have the ability to repay the loan. An applicant who has a debt to income ratio in excess of 43% will be ineligible to receive financing. Credit Score Requirement: All borrowers must have a minimum of a 620 credit score. Credit Requirements: 1) All mortgage payments must be current and reflect no 30 day late payments history in the past 12 month period (without reasonable explanation). 2) All real estate taxes must be current. 3) No outstanding judgements or collections. 4) Bankruptcy must have been discharged for at least 24 months prior to loan closing. 5) The redemption period on prior foreclosures must have occurred at least 24 months prior to the loan application date. 6) Generally, no more than two 30 -day late payments on credit report in the past year (without reasonable explanation). Any 30 day late requires a documented explanation and reasonable reasons; medical, unemployment, divorce. 7) No defaulted government loans. Multiple Loans per Property: More than one loan per property is allowed, however, the outstanding balance(s) cannot exceed the maximum program limit and previous loans are current and have an acceptable payment history. Eligible Use of Funds: Loans may be used to finance most permanent interior and exterior improvements including, but not limited to: roofing, siding, doors/windows, plumbing, electrical, HVAC, insulation, solar, garage, driveways, sidewalks/steps, painting, flooring, additions, landscaping, etc. Ineligible Use of Funds: Payment for work initiated prior to the loan being approved and closed, unless due to emergency. Recreation or luxury projects (pools, lawn sprinkler systems, playground equipment, saunas, whirlpools, etc.), furniture, non -permanent appliances(unless part of a full kitchen remodel), and funds for working capital, debt service, homeowner labor or refinancing existing debts are NOT allowed. Bids: Only one estimate is required. All contractors must be properly licensed. Sweat Equity / Homeowner Labor: Work may be performed by property owners on a "sweat equity" basis. Loan funds may be used only for the purchase of materials and to rent tools/ equipment, but not to compensate for labor. Remodeling Advisor Visit (RAV): The Remodeling Advisor Visit provides rehabilitation and/or remodeling advice upon request of the resident. The intent is to help residents improve their homes by providing technical assistance before and during the bidding and construction process. All "Eligible Properties" are eligible for this service. This visit is not required and would be paid by the borrower(s). Exhibit A Page 3 Agreement between Elk River HRA and Center for Energy and Environment Post Installation Inspection: Permits must be obtained and signed off by a City inspector where required; when not required, a post installation inspection will be performed by a City of Elk River representative to ensure the work has been completed before any funds will be released. Loan Security: All loans will be secured with a mortgage in favor of the Elk River Housing and Redevelopment Authority. Borrower will pay all applicable title and filing fees, which may be financed in the loan amount. Borrower Fees: Borrower will be responsible for a 1% origination Fee, $50 Document Preparation Fee, mortgage filing and service fees, flood certificate, credit report fees and any other applicable closing costs, all which may be financed in the loan amount. Underwriting Decision: Applicants must have acceptable credit history (see Credit Requirements). CEE will approve or deny loans based on a credit report, income verification and other criteria as deemed necessary through CEE's underwriting guidelines. CEE shall refer to the Elk River HRA for any questionable situations. All borrowers must have a credit score of at least 620. Work Completion: All work must be completed within 120 days of the loan closing. However, when warranted, CEE may authorize exceptions on a case by case basis. General Program Conditions Application Processing: Loans will be distributed on a first come first serve basis as borrowers qualify. Applicants must provide a completed application package including, but not limited to: ➢ Completed and signed application form ➢ Proof of income ➢ Bids or estimates for proposed projects ➢ Valid Identification ➢ Other miscellaneous documents CEE may require. Program Costs: Loan origination and other administrative fees will be paid out of the Program Budget. Loan program marketing efforts will be billed directly to the City of Elk River Housing and Redevelopment Authority. Should the HRA choose to commission CEE for marketing support it will be a separate expense. Total Project Cost: It is the borrower's responsibility to obtain the amount of funds necessary to finance the entire cost of the work. In the event the final cost exceeds the original loan amount, the borrower must obtain the additional funds and show verification of the additional funds in order to be approved for the loan. Disbursement Process: Payment to the contractor (or owner in sweat equity situations) will be made upon completion of work. An inspection will be performed by a city inspector and/or representative to verify the completion of the work. The following items must be received prior to final disbursement of funds: • Final invoice or proposal from contractor (or materials list from supplier); • Final inspection verification by a City Inspector or representative; Exhibit A Page 4 Agreement between Elk River HRA and Center for Energy and Environment • Completion certificate(s) signed by borrower, contractor and city inspector or representative (if a permit is not required); • Lien waiver for entire cost of work; • Evidence of city permit (if required) Exhibit A Page 5 Agreement between Elk River HRA and Center for Energy and Environment TOTAL 2019 PROGRAM BUDGET $117,854 ELK RIVER LOAN PROGRAM BUDGET Revolving Loan Program Budget Allocation (includes Origination Fees, Loan Set Up Fee and Annual Administration Fee): Budget Notes: 1. CEE shall submit monthly invoices to the City of Elk River Housing and Redevelopment Authority for the loan principal and administrative fees. 2. Services performed by CEE will initially be funded from the Total Program Budget as stated above and paid in accordance with the following schedule. (a) Loan Origination Fee $550.00 per loan closed (b) Annual Administration Fee $500.00 (c) One Time Set Up Fee $1,500.00 The Annual Administration Fee shall be payable on January 1St of each year the contract is active. 3. Marketing Marketing efforts will be supported by CEE and marketing costs are not included in the administrative budget. Hourly rates are inclusive of all overhead expenses and will be charged only for hours directly related to the labor of all program marketing. CEE will also be reimbursed by the City of Elk River Housing and Redevelopment Authority for any non -labor, out-of-pocket expenses relating to these services on a dollar -for -dollar basis. Exhibit B #2917 Page 1 Agreement between the City of Elk River Housing and Redevelopment Authority and Center for Energy and Environment