5.2. SR 02-06-2006
Item Description
The Bank of Elk River Expansion Project
A. Public Hearing to Consider Tax Abatement and
Business Subsidy
B. Resolution Authorizing Execution of Tax Abatement
and Business Subsid A eement
Item Number
5.2 A & B
Prepared by
Catherine Mehelich, Director of
Economic Develo ment
Reviewed by
Scott Clark, Community Development
Director
City of Elk River
REQUEST FOR COUNCIL ACTION
Agenda Section Meeting Date
Administration February 6, 2006
Introduction
The Bank of Elk River has submitted an application to the City of Elk River for Tax Rebate Financing
(Tax Abatement) for their 20,000 square foot corporate office expansion to the existing downtown
facility. Specifically, the applicant is requesting the City rebate up to $300,000 of its portion of the new
property taxes generated as a result of the expansion project, and for Sherburne County to rebate a
matching share for a combined total of $600,000.
Discussion
On January 3, 2006 the HRA reviewed the abatement application and adopted a motion to recommend
the City Council approve providing up to $300,000 of tax abatement to The Bank of Elk River based on
only the new market value generated as a result of the expansion project for a maximum term of 12 years,
along with The Bank's commitment to create 20 new full-time positions at a minimum hourly wage of
$15.00 within two years of project completion.
The Sherburne County Economic Development Alliance (SCEDA) at its January 25, 2006 meeting
considered The Bank's request for tax abatement from the County. The SCEDA Board adopted a
motion to recommend Sherburne County's Board of Commissioner approval of up to $300,000 for a
maximum term of 10 years. The County Commissioners will hold its public hearing in February.
Financial Impact
The Council is being asked to provide up to $300,000 of tax abatement and business subsidy over a
maximum term of 12 years. The estimated annual abatement levy for this project from the City would be
$27,400. Under the proposed structure, the City would retain the existing tax base generated from the
current facility (approximately $12,000 annual).
Attachments
. Staff report to the HRA RE: Consider Tax Rebate Financing Application for The Bank of Elk
River Expansion, dated January 3, 2006
. Tax Abatement and Business Subsidy Agreement between the City of Elk River and The Bank of
Elk River
. Resolution Authorizing Execution of a Tax Abatement and Business Subsidy Agreement
S:\EDA \TAXABATE\Bank of Elk River\Memos\REQUEST COUNCIL ACTION 2.6.06.doc
Action Requested
The Council is required to hold a public hearing to take comments from the public on the proposed tax
abatement and on the business subsidy.
Following the public hearing, staff requests the Council adopt the attached Resolution Authorizing
Execution of a Tax Abatement and Business Subsidy Agreement.
Council Action
Motion by _
Second by _
Vote
Follow Up
S:\EDA \ TAXABATE\Bank of Elk River\Memos\REQUEST COUNCIL ACTION 2.6.06.doc
MEMORANDUM
TO: Housing & Redevelopment Authority
FROM: Catherine Mehelich, Director of Economic Development
Scott Clark, Community Development Director
DATE: January 3, 2006
SUBJECT: Consider Tax Rebate Financing Application for The Bank of Elk
River Expansion
Attachments
. Tax Rebate Financing Application - The Bank of Elk River
. City of Elk River Tax Rebate Financing Policy
. Staff Correspondence to Pat Dwyer, The Bank of Elk River dated April 11 , 2005
. July 11, 2005 City Council Meeting Minutes
. Tax Rebate Financing Review Worksheet
. Letter from Sherburne County Assessor dated December 28, 2005
. Abatement Fact Sheet - Ehlers & Associates, Inc.
Issue
The attached application for Tax Rebate Financing (TRF), or abatement, has been submitted
by The Bank of Elk River. The Bank is requesting TRF assistance for the expansion of
20,000 square feet to their existing facility downtown. Specifically, the applicant is
requesting the City rebate up to $300,000 of its portion of the new property taxes generated
from the project, and the County rebate a matching share for a combined total of $600,000.
Normally the City has provided tax abatement to manufacturing businesses. Under the
City's attached TRF Policy Section V. Project Qualifications "commercial redevelopment or
rehabilitation" proposals can be considered for the use ofTRF. It is appropriate for the
HRA to review and provide recommendation to the City Council of this request since the
project involves significant redevelopment in the downtown area.
Background
Earlier in 2005 staff was notified by representatives of The Bank of Elk River about
preliminary discussions to expand the Bank's corporate offices to accommodate an
additional 20,000 square feet for current and future growth of the company. The Bank had
Consider Tax Rebate Financing for The Bank of Elk River Expansion Project
January 3, 2006 HRA Meeting
Page 2 of 4
been evaluating the pros and cons of either expanding its corporate office facility located
downtown, or to relocate its corporate offices to its commercial location in Otsego.
In response to The Bank's financial challenge, staff provided The Bank with the attached
correspondence dated April 11, 2005 offering a recommendation for the City's consideration
of TRF for the proposed expansion project using the tax revenues derived from the
increased market value as a result of the expansion for a maximum period of 10-years. Staff
estimated that depending on the increased market value that a range of $410,000 - $559,000
could be generated by the City and County combined over a 10-year period.
At its July 11, 2005 work session the Council discussed The Bank's challenges to expanding
downtown. As stated in the attached meeting minutes, the Council indicated support for the
use ofTRF for the proposed project. In addition, the Council indicated that the expansion
project, and future expansions, of The Bank would not be denied by the Council based on a
lack of parking.
Analysis
Since the HRA normally does not review TRF requests, attached is an Abatement fact sheet,
defining Abatement and summarizing its statutory history.
No But For Analysis
The Bank is requesting that the City rebate its portion of the property taxes up to $300,000,
along with a matching amount from Sherburne County, for a total of $600,000. Normally a
financial but for analysis would be completed to determine the amount of public assistance
necessary for the project to proceed but this TRF application is being processed under the
premise that The Bank is incurring substantial additional construction costs by converting
the existing facility. This project meets all of the commercial redevelopment objectives
found in Section III of the City's TRF Policy.
Specifically, found in Section I of the City's TRF policy, it states that "The fundamental
purpose of tax rebate financing in Elk River is to encourage desirable development or
redevelopment that would not otherwise occur but for the assistance provided through TRF."
Additional Construction Costs
On page five of The Bank's attached TRF application, the contractor estimates that
significantly more costs, approximately $940,000, will be incurred to remodel and expand the
existing structure as compared to building a similar size structure on the Otsego property.
The Bank has stated that without tax rebate the project would be built in Otsego.
Functionally, maintaining adequate parking and drive thru access is a challenge due to the
shape and size of the lot. In addition, an expansion to the downtown facility presents an
opportunity for additional revitalization in the downtown through private investment and
expands the downtown employment and customer base which will support small businesses
in the central business district.
The Application
The Bank has submitted a complete application to the City for Tax Rebate Financing. Staff
has evaluated the application based on the City's attached TRF Proposal Review Worksheet
s: \EDA \ TAXABA TE\Bank of Elk River\Memos \ 1.3.06 HRA.doc
Consider Tax Rebate Financing for The Bank of Elk River Expansion Project
January 3, 2006 HRA Meeting
Page 3 of 4
to measure the strength of the project against the city's goals and objectives for the use of
TRF. The project scored 44 out of 50 possible points, which equates to a "highly desirable"
project.
Sherburne County Assessor's Review
The Sherburne County Assessor's office has recently reviewed the building plans for the
proposed expansion. Per the attached letter, the Assessor's office has estimated the total
project market value upon completion to be $4,539,600. The estimated increase in market
value as a result of the expansion project is $2,932,900. The following table indicates the
breakdown between existing and new estimated market value as a result of the project:
Existing New Estimated Total Estimated
Market Value Market Value Market Value
Market Value $1,606,700 $2,932,900 $4,539,600
Total Tax Payable $58,648 $109,505 $168,153
Annual City Portion $12,000 $27,400 $39,400
Annual County Portion $12,000 $27,000 $39,000
] ob and Wage Goals
The Minnesota Business Subsidy Law requires projects which receive over $25,000 of public
financing assistance to meet job and wage goals as established by the city. A requirement of
the financing assistance to The Bank will include a commitment for the creation of 20 new
full-time positions as a result of the expansion project at a minimum hourly wage of $15.00
within two years of project completion.
Requested Action
Staff is of the opinion that there are three options for consideration of providing TRF for
the proposed project. The HRA is considering a recommendation to the City Council for
the City's TRF portion, which is $300,000 of the total $600,000 request.
1. Recommend the Council approve providing up to $300,000 based on 100% of
the city's annual portion of tax revenue generated from the property (both
existing and new market value). This option would extinguish the obligation
over a period of approximately 8 years. The concern with this option is that the
City's general fund would not annually receive the $12,000 of existing value.
2. Recommend the Council approve providing up to $300,000 of TRF based on all
of the new market value and some portion of the existing value in order to keep
the term at a maximum period of 10-years.
3. Recommend the Council approve providing up to $300,000 ofTRF based on
only the new market value. This option would require the city to extend the
term of the abatement up to 12 years in order to reach the full amount of
assistance, but would allow the city to retain the existing tax base.
S:\EDA \TAXABATE\Bank of Elk River\Memos\1.3.06 HRA.doc
Consider Tax Rebate Financing for The Bank of Elk River Expansion Project
January 3, 2006 HRA Meeting
Page 4 of 4
Staff recommendation
Staff recommends that the HRA consider Option 3 and a requirement that The Bank of Elk
River create 20 new full-time positions as a result of the expansion project at a minimum
hourly wage of $15.00 within two years of project completion.
Next Step
Following the HRA's recommendation a City Council public hearing will be scheduled, as
required by statutes, to consider providing tax abatement and business subsidy to The Bank
of Elk River expansion project.
s: \EDA \ TAXABA TE\Bank of Elk River\Memos \ 1.3.06 HRA.doc
l"
VIII. APPLICATION FOR TAX REBATE FINANCING
A. APPLICANT INFORMATION
Name of Corporation/Partnership The Bank of Elk River
Address 630 Main St.
Primary Contact _LeRoy Lindenfelser
Address same
Phone 763-241-8507 Fax 763-441-0847
- -
Email_llindenfelser@thebankofelkriver.com
On a separate sheet, please provide the following:
· Brief description of the corporation/partnership's business, including history, principal
product or service, etc... Attach as Exhibit A .
· Brief description of the proposed project. Attach as Exhibit B.
· List names of officers and shareholders/partners with mOre than five percent (5%)
interest in the corporation/partnership. Attach as Exhibit C.
· A but-for analysis and narrative. Attach as Exhibit D.
Attorney Name _Ed Drenttel, Winthrop and Weinstine
Address--.:225 S 6th St, Suite 3500, Minneapolis, MN 55402
Phone_ 612-604-6675_ Fax _612-604-6800_ Emai1 edrenttel@winthrop.com
Accountant Name Bob Etter, CPA Wolf Etter & Co.
Address 8 West Main St, Madelia, MN 56062
Phone 507-642-8882 Fax 507-642-3127
Email better~wolfetter.com
Contractor Name. Jack Holmes, Vanman Architects and Builders, Inc.
Address 669 Winnetka Ave N, Golden Valley, MN 55427
Phone 763-541-9552 Fax 763-541-9857 Email iack@vanmanab.com
Engineer Name same
Address
Phone
Fax
Email
Architect Name
Address same
Phone same
Rick Keillor, Vanman Architects and Builders, Inc.
Fax same
Email rick~vanmanab.com
/
B. PROJECT INFORMATION
1. The project will be:
Industrial: New Construction XX Expansion _Redevelopment / Rehab.
--=- - --
_Office/research facility that conforms to business park standards
XX_Commercial Redevelopment/Rehabilitation
Other
2. In addition to the City of Elk River, applicant is requesting TRF funds from:
_ XX~ Sherburne County School District 728
3. The project will be: _XX_Owner Occupied _Leased Space
. If leased space, please attach a list names and addresses of future lessees and indicate
the status of commitments or lease agreements. Attach as Exhibit E.
4. Project Address 630 Main St. Elk River, MN 55330
. Include Legal Description and PID Number. Attach as Exhibit F
5. Site Plan Attached: XX Yes No
6. Total Amount ofTRF Requested: $600,000_over 10
City Portion ofTRF: Annual $30,000
County Portion ofTRF: Annual $30.000
ISD 728 Portion ofTRF: Annual $
years.
Total $300,000
Total $ 300,000
Total $
7. Current Real Estate Taxes on Project Site: $ 62,440.92
Estimated Real Estate Taxes upon Completion: Phase I $
Phase II $
8. Construction Start Date: _April, 2006
Construction Completion Date: _April, 2007
If Phased Proj ect: Year
Year
% Completed
% Completed
C. PUBLIC PURPOSE
It is the policy of the City of Elk River that the use of Tax Rebate Financing should result in
a benefit to the public. Please indicate how this project will serve a public purpose.
_XX_Job Creation/Retention Number of jobs retained 68
Number of jobs created by project 20 - 30
Average hourly wage of jobs created/retained $18.00
New industrial development which will result in additional private
investment in the area.
XX Enhancement and/or diversification of the city's economic base.
_XX_The project contributes to the fulfillment ofthe City's Strategic
Plan for Economic Development.
Removal of blight.
_XX_Rehabilitation of a high profile or priority site.
_XX Other: Retain 65 iobs in Elk River
.:]
D. SOURCES & USES
SOURCES NAME
Bank Loan
Other Private Funds
Equity
Fed Grant/Loan
State GrantILoan
EDA Micro Loan
Tax Rebate Financing
ID Bonds
TOTAL
USES
Land Acquisition
Site Development
Construction
Machinery & Equipment
Architectural & Engineering Fees
Legal Fees
Interest During Construction
Debt Service Reserve
Contingencies
TOTAL
AMOUNT
$
$
$3,500,000
$
$
$
$ 600,000
$
$
AMOUNT
$
$
$4,100,000
$
$
$
$
$
$
$
Exhibit A:
The Bank of Elk River was established in 1885 as a partnership between Charles M. Babcock,
Houlton and Henry Castle. It was incorporated as a State Bank in 1902.
The bank was originally located north of the railroad tracks at the northwest corner of Jackson and
Railroad Drive. That building was consumed in the great fire of 1898 that destroyed almost all of
Elk River's business district. A new building was built on Jackson, but it also burned down and had
to be reconstructed. That building, at 315 Jackson, served the bank until 1976 when our current
building was built on Main Street.
Over the years the bank purchased and removed all ofthe buildings between Jackson Place and the
intersection of Highway 10 and Main Street. Two additions were made to the Main Street location
to a,ccommodate growth.
The Bank of Elk River continues to provide a full line of deposit and loan products to consumers
and businesses.
With deposits increasing from $153,000 in 1909, to $302 million today, the Bank of Elk River has
grown to be the largest bank in Elk River and is in the top-20 banks in the Twin Cities metropolitan
area.
. Exhibit B:
A 22,000 square foot, two-story addition. will be built along Main Street at an estimated cost of $4.1
million. The addition will be constructed to add a third floor in the future.
Extensive remodeling will be done to the current building.
Exhibit c:
100% ofthe stock of The Bank of Elk River is owned by Metro North Bancshares, Inc.
Exhibit D:
But-for analysis.
To be provided later if necessary.
Narrative.
Exhibit D
k This addition will cost us significantly more than building a similar size structure on our Otsego
property. We estimate this figure to be $940,000. Without tax abatement the project will be built
in Otsego.
LI
Extra costs:
Construction on a confined site
Remodeling costs for present space
Roof work on present building for snow loads
Additional architectural detail
Construction of an employee parking lot across Hwy 10
(land acquisition, demolition, curb, asphalt
and landscaping)
Total
* from Richard Keillor, architect, Vanman Companies.
Exhibit E:
N/A
Exhibit F:
Bank Building at 630 Main St.
Parcel Number: 75-405-0340
Legal Description: LOTS 2, 3, 4 & W 111 FT OF LOT 5, BLK 3
Plat: 405 - VILLAGE (ELK RIVER)
Parcel Number:
75-405-0320
Legal Description:
Plat:
LOT 1, BLK 3
405 - VILLAGE (ELK RIVER)
Parking lot at the NWcorner of Hwy 10 and Main
Parcel Number: 75-405-2410
Legal Description: LOT 3, BLK 24
Plat: 405 - VILLAGE (ELK RIVER)
$100,000*
250,000*
90,000*
200,000*
300,000
$940.000
E. ADDITIONAL DOCUMENTATION AND CHECKLIST
Applicants will also be required to provide the following documentation.
xx A) Written business plan, including a description of the business,
- - ownership/management, date established, products and services, and future
plans
xx B) Financial Statements for Past Two Years
XX Profit & Loss Statement
XX Balance Sheet
_ N/ A_C) Current Financial Statements
Profit & Loss Statement to Date
Balance Sheet to Date
_XX_ D) Two Year Financial Projections
_ N/ A_F) Personal Financial Statements of all Major Shareholders
Profit & Loss
Current Tax Return
N/ A G) Letter of Commitment from Applicant Pledging to Complete
- -
During the Proposed Project Duration
_ N/ A_H) Letter of Commitment from the Other Sources of Financing,
Stating Terms and Conditions oftheir Participation in the Project
XX I) Application fee of $5000
Not yet available_ J) Itemized Project Construction Statement
_ XX ~ K) Attach the following documentation as Exhibits
X_ Exhibit A - Corporation/Partnership Description
X_ Exhibit B - Description of Project
X_ Exhibit C - List of Shareholders/Partners
N/A_ Exhibit D - But-For Analysis
N/A_Exhibit E - List of Prospective Lessees
X_ Exhibit F - Legal Description
Note: All Major shareholders will be required to sign personal guarantees ifup front financing of
the proj ect is required.
The undersigned certifies that all information provided in this application is true and correct to the
best ofthe undersigned's knowledge. The undersigned authorizes the City of Elk River to check
credit references, verify financial and other informationJ and share this information with other
political subdivisions as needed. The undersigned also agrees to provide any additional information
as may be reque the City after the filing of this application.
Date Iz ~ .z.;- ~s-
Applicant Na
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Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne
County reserves the right to make additions, changes, or corrections at any time and without notice. Additionally, Sherburne County disclaims
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or misinterpretation. Data is updated periodically. For the most current information contact the appropriate county department.
Contacts:
For questions about valuation or classification contact:
Assessors Dept.. assessor@co.sherbume.mn.us. phone (763) 241-2880
For questions about taxes due contact:
Auditor/Treasurer. iluditor@co.sherburne.mn.us . phone (763) 241-2590
For address or mapping questions contact:
Public Works Dept.. gis@co.sherbume.mn.us. phone {763} 241-7000
For questions on, or to request a copy of, the last recorded deed contact:
Recorder. recorder@co.sherburne.r:nn.us . phone (763) 241-2915
http://www.sherburne.mn.promap.comlservlet/com.esri.esrimap.Esrimap?ServiceName=...
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ADDITION AND REMODEL FOR:
BANK OF ELK RIVER
. DOWNTOWN HEADQUARTERS
630 Main Street
Elk River, Minnesota 55330
UPPER LEVEL
FLOOR PLAN
Architects and Builders
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MINNEAPOLIS. MN 55427
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October 11, 2005
Nfr. Jim Simpson
Tile Bank of ELl( River
630 1vlain Street
Elk River. :MN' 55330
RE= Conceptual Cost Estimate for Downtovm. Bank Addition
Dear Tn:n:
Tad Swedin,. the estimator in our office, put together a conceptual squa~ footage cost
estimate. Weare werking on a more detailed estimate that 'Will be more accurate. T.nese
square foot costs i.llclude building, site work, finishes, and professional fees. rileY don't
include bank equipment" signs and fu..-rniture. Built in cabinet work like the teller.line
work is included.
We do not have the exact level offinish determined but this is a level comparable to the
pT"'...sen! building.
New Construction
Lower Level
Main Level
Upnet Level
6,550 SF @ $165/ SF =
6,832 SF@$185 / SF =
8.278 SF (17), $170 I SF =
21,660 SF . =
$1,080,750
$1,263,920
$1.407.260
$3,751,930
Remodel of Exisfuzg
Main Leyel 3,381 SF @ $90 I SF =
Roof Snow Load Structure Oump sum allowance)
$ 304,290
$ 100,000
Contingency 2%
$ 83,124
Total
$4,239.344
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~-'~~<t<..x~~
VA?,U;;i.AN .A~'HjnC'T$ AND 3UJ!.D'U.S IN,c,
669 Winnetka Avenue North · Suite 210 . MinneapoHs. J'v~innesota 55427
888.327.2817 (I 763.541.9652. fax 763.541.9857
,
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. I ,;~,' r ; : ~ 'v \../1 ;; 1 ~ ,_,
f~ G. 5 0 9 i
Th,e square fuotage tor new construction above is 1,660 SF above t.i.1e ori~n~ 1 target or
.....0 ''''00 ""'~ R' d ..:\... "J ' ..~" ,', ~...1" , " ~ .:t,
L,1.1 .:il'.';' e ucmg tne scope 'W1...l.. lower u1e rc.p ntl!!lbeT. 1 mm1\: we nave !C Terme T..ae
estimate before we panic on the cost. ",
j
. iitteSANK
. OF ELK RIvER
Member FDIC
MAIN STREET OFFICE. 630 Main Street. Elk River, MN 55330. (763) 441-1000
December 21, 2005
Catherine Mehelich
Director of Economic Development
13065 Orono Parkway
Elk River, MN 55330
RE: Tax abatement application
Dear Cathy,
The Bank of Elk River pledges to complete the proposed addition within one year of
groundbreaking.
DEe 2 3 200;
The project architect says this is a realistic schedule unless there are major material shortages.
Please 9all me at 241-8528 if you have any questions.
Sincerely,
James M. Simpson
President
MAIN STREET · SCHOOL STREET · OTSEGO · ZIMMERMAN
ELK RIVER WAL-MART. MAPLE GROVE WAL-MART
www.TheBankofElkRiver.com
13065 Orono Parkway
Elk River, MN 55330
April 11, 2005
Pat Dwyer, Sr. V.P. & CFO
The Bank of Elk. River
630 Main Street
Elk River, MN 55330
Dear Pat,
We appreciate the opportunity to respond to The Bank of Elk. River's needs and interest in
expanding its facilities in downtown Elk. River. We recognize the value of The Bank of Elk
River's retail and corporate presence downtown and look forward to working with you on
the proposed project. The proposed project as discussed at our meeting on March 29, 2005
is consistent with the City and BRA's goal for revitalizing downtown Elk. River as a vibrant
retail and commercial.area by stimulating new investment.
Based on the preliminary information that's been provided and discussed thus far, staff has
prepared this letter as a preliminary proposal for your consideration. Staff supports
recommending that the City and Sherburne County contribute to the project via a pay-as-
you-go tax rebate of 100% of the increased City and County property taxes as a result of the
proposed project for a period of up to 10-years.
The actual amount of tax rebate assistance that could be provided under this structure would
be based on a number of factors including actual tax rates and market value in the year
following construction. Staff estimates that the tax rebate assistance could be within the
following range depending on the final increased market value as a result of the project:
Increased Market Value $ 2,440,000 (20,OOOsf @ $122/ sf)
Combined City and County Taxes $41.006 annual
Total Estimated Amount of Assistance $ 410,000 after 10-years
Increased Market Value . $ 3,300,000 (20,000sf @ $165/ sf)
Combined City and County Taxes $ 55.900 annual
Total Estimated Amount of Assistance $ 559,000 after iO-year
phone: 763.635.1000
Fax: 763.635.1090
www.cLelk-river.mn.us
April 11, 2005
Page 2 of 2
We understand that the proposed range of assistance cannot match the significant
investment that The Bank. of Elk River will make with the proposed project. We look
forward to meeting with you to discuss and refine this preliminary- proposal as it relates to
your project needs.
We hope that you will find downtown Elk River to be the continued home of The Bank. of
Elk River's retail and corporate office. Please feel free to contact either one of us at 763-
635-1000 if you have any questions.
Sincerely, _ ._ __ _n _ _ _
&d)fJ~
~~
Catherine Mehelich
Director of Economic Development
Patrick Klaers
City Administrator
MEETING OF THE ELK RIVER CITY COUNCIL
HELD AT THE ELK RIVER CITY HALL
MONDAY, JULY II, 2005
Members Present:
Mayor Klinzing, Counci1members Dietz, Farber, Gumphrey, and Motin
Members Absent:
None
Staff Present:
City Administrator Pat I<'laers, City Engineer Terry Maurer, Planning
Director Michele McPherson, Director of Economic Development
Catherine Mehelich, Assistant Director of Economic Development Heidi
Steinmetz, Finance and Administration Services Director Lori Johnson,
City Attorney Peter Beck, and City Clerk Joan Schmidt
1. Call Meeting To Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called
to order at 6:30 p.m. by Mayor Klinzing.
2. Consider 7/11/2005 Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILMEMBER FARBER TO APPROVE THE AGENDA AS PRESENTED.
MOTION CARRIED 5-0.
3. Consider Consent Agenda
MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY
COUNCILEMBER FARBER TO APPROVE THE FOLLOWING CONSENT
AGENDA ITEMS:
3.1. JUNE 27, 2005 COUNCIL MINUTES
3.2. CONSIDER WESTBOUND BIDS
3.3. RESOLUTION ACKNOWLEDGING CONTRIBUTIONS TO THE
POLICE DEPARTMENT FROM THE BANK OF ELK RIVER.
MOTION CARRIED 5-0.
4. Open Mike
No one appeared.
~
Worksession
Update on Bank of Elk River Downtown Building Proposal
Director of Economic Development Catherine Mehelich presented her staff report
regarding the proposal to expand The Bank of Elk River to accommodate current and future
growth. She stated that bank representatives wished to discuss with the City Council the use
of Tax Rebate Financing assistance and flexibility on parking requirements.
City Council :Minutes
July 11, 2005
Page 2
Representatives from The Bank of Elk River present were John Babcock and Pat Dwyer.
Mr. Dwyer explained how they are outgrowing their current facility, will need approximately
40,000 square feet, and are anticipating adding second and third floors to the existing
building. He indicated that even though expansion at the downtown site is more expensive
than new constrqction on the Vacant land they own in Otsego, they wish to remain in
downtown Elk River and have purchased the Boelter's site along Highway 10 for additional
parking.
Rick Keillor with Vanman Architects and Builders, Inc. explained the design for the site.
The second floor addition of approximately 20,000 square feet would be the first phase.
Phase One would also consist of a community room in the basement. Phase Two would be
the addition of the third level adding an additional approximately 10,000 square feet.
Ms. Mehelich explained that this project does not qualify for Tax Increment Financing (TIP)
but would qualify for Tax Rebate Financing (TRF). Staff has estimated $400,000-600,000 of
TRF money could be available from the City and County in a lO-year period.
City Administrator Klaers stated that the size of this project and having a building three
stories in height is consistent with the redevelopment and expansion goals of the HRA and
complements the size and scope of the two other downtown revitalization projects that are
currently taking place.
Director of Planning Michele McPherson explained that with the parking requirement for
banks, the total number of spaces required for the building after expansion would be 210
spaces. The Bank's current site after expansion plus the Boelter's lot to the east provides a
total of 104 parking spaces. She stated that in the past the City has not required individual
sites to provide 100% of their required parking and staff believes that this trend should
continue with any bank expansion.
Ms. McPherson stated that even though the code requires 210 spaces for parking, she
believes that what they will provide and with the sharing of other parking areas, it seems
reasonable for them not to have to provide this 100%. She stated that this may need to be
reevaluated after all the downtown area projects are completed but that she feels that the
parking they are proposing to provide should be sufficient.
Ms. McPherson stated that parking in the Boetler's site has been determined to be an
accessory use and staff will be reviewing the parking plan for site plan approval, at which
time such items as access, grading and drainage, and landscaping will be reviewed.
Councilmember Dietz inquired of Mr. Dwyer if the employees would park in the downtown
area. Mr. Dwyer answered yes they would.
Councilmember Dietz inquired if the 104 parking spaces meet the bank's needs. Mr. Dwyer
stated yes and that they are willing to work with this number to show their commitment to
remain in the downtown. He stated that individuals could park in the King Avenue parking
lot and other public parking areas.
Mayor Klinzing stated that she and the council wish to have the bank remain in Elk River
and wish to help in whatever way possible to allow them to stay.
City Council1v.linutes
July 11,2005
Page 3
Councilmember Dietz inquired of the bank representatives if what they heard tonight was
positive for staying. Mr. Dwyer indicated that it was.
Councilmember Motin stated that he agrees with what has been stated tonight and fully
supports the use ofTRF for this project. He did indicate apprehension over the parking
issue. He is in favor of moving forward but feels we need to look at how we can get
additional parking in the downtown area.
Mr. Babcock stated that their major concern in respect to parking is that when they need to
do the expansion for the third floor (perhaps several years from now) there will not be an
issue regarding parking. He indicated that what they need now is some reasonable assurance
that it is understood that should they start doing Phase One soon and Phase Two in the
future that the parking won't be an issue in the future.
Councilmember Dietz asked for a timeframe. Mr. Dwyer stated that they are restricted in
their current building for space and need this addition just as soon as possible.
It was the consensus of this Council to indicate to future councils that with
expansion on this site years from now for a third level, that parldng is.not an issue
that should prevent the planned future expansion.
5.2. Downtown Revitalization Project - Discussion with MetroPlains
This portion of the Council Meeting was a] oint Meeting with the HRA. HRA Chairman
Stewart Wilson called the HRA meeting to order. Commissioners present were: Louise
Kuester,]ean Lieser, Larry Toth and Paul Motin.
Director of Economic Development Catherine Mehelich presented her staff report. Vern
Hanson of MetroPlains Development and Michele Mongeon of ]LG Architects were
present.
Mr. Hanson explained that they have come back with a revised version of the Bluffs of Elk
River project, keeping the original character of the sketch as well as providing the overall
context to the City of the whole project.
Ms. Mongeon indicated that the new revision shows the main part of the building extending
westerly popping up the three southerly pieces. She stated that detailing of the top piece is
much more prominent. She stated that the corner element is slightly taller with recessed
balconies. This current perspective illustrates recessing brick between the two windows with
some subtle changes in the rear.
Councilmember Motin asked if the back piece is set back. Ms. Mongeon indicated that the
red piece is in the same plane with the brick veneer sticking out. She stated if you look at
the floor plan this would be on the same plane. The red brick sticks out in front of the buff
colored portion of the building.
Councilmember Gumphrey inquired as to how much higher the tower is. Ms. Mongeon
indicated 18 - 20 inches. Councilmember Gumphrey inquired if there would be a separate
balcony on the fourth floor for each unit. Ms. Mongeon replied that they are working with a
market study advisor in keeping this option flexible. She stated that some people may wish
to have two-space areas.
TAX REBATE FINANCING PROPOSAL REVIEW WORKSHEET
.1 Tn RoF ~nMPI FTFn RoY ~ITY ~TAFF I
1. The project meets the criteria set forth in Section V of the Tax Rebate Financing
PO~cy a)
~ Meets at least one of the objectives in Section III.
/ b) Demonstrates need for TRF with the butfor analysis.
. r c) Consistent with all city plans and ordinances.
V- d) Serves at least two public purposes as defined in Section V.
Points: 5
5:1 5
4:1 4
3:1 3
2:1 2
2:1 1
2. Ratio of Private to Public Investment in Project:
$3:. ~.cx::c> Private investment
$ ~~ Public Investment
G : / Ratio Private: Public Financing
Less than
3. Job Creation in the City of Elk River:
ZO Number of new jobs as a result of the project.
G'? Number of existing/retained jobs
(f7r Total
Less than
Points: 5
25+ 5
20+ 4
15+ 3
10+ 2
10 1
Points: 5
$8,000 or less 5
$10,0000rless 4
$12,000 or less 3
$15,000 or less 2
Over $15,000 1
Points:L
Over $21/ hour 5
$18-21 / hour 4
$14-17/hour 3
$10-13 / hour 2
Under $10/ hour 1
4. Ratio ofTRF to new jobs created/retained:
$ ~ ocx:> TRF request
?:? Number- of new jobs created/retained
$ C;;8/8 ofTRF per new job created /retained
5. Wage Level of jobs created:
Average hourly wage -;.
of jobs created/retained: /3. 00
6. Project size:
The project will result in the construction
of square feet ?0C:X:O
40,000+
30,000+
20,000+
10,000+
10,000 or less
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
Points: 2
5
4
3
2
1
- 12-
7. Tme of Project:
V 100% Owner Occupied
J\.1ix Owner Occupied & Investment
Investment Property
Points: -S-
5
4
3
8. Use:
Industrial or Business Park Project
,./' Commercial Rehabilitation/Redevelopment
POints:L
5
4
9. The project will pay annual
property taxes in the first fully
assessed year of $/&;? /5::5
Points: 5
35,000+ 5
25,000+ 4
15,000+ 3
10,000+ 2
Under $10,000 1
10. Likelihood that the project will result in
unsubsidized, spin-off development.
:High
v-Moderate
Low
Points: .3
5
3
1
Sub - Total Points:
37'
of a possible 45 points. I
Bonus Points: "'5
9. Bonus Points
V The project will be 100% Pqy-as-you-go TRF.
".- The project contributes to the goals of Energy City.
· Product promotes sensible use of energy, OR
· Project utilizes significant energy efficient design &/ or
materials in construction.
3 points
2 points
Total Points: ~9'
Overall project analysis:
45-38 poin~
37-29 points
28-20 points
19-0 points
-
C :High
Moderate
Low
N at Eligible
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 13-
From:
12/28/2005 12:08 #030 P.002
December 28, 2005
Sherburne County
ASSESSOR
GERALD ~. KRITZECK, S.A.M.A.
13880 Highwa.y 10
Elk River, MN 55330
(763) 241-2880 Q 1.800-438-0577 0 Fax: (763) 241-7195
www.co.sherburne.mn.Us
Catherine Mehelich
Director of Economic Development
City of Elk River
13065 Orono Parkway
Elk River, Mn 55330
The following tax estimate is based on the information that you provided me with. on the
remodel and new addition to the Bank of Elk. River. The estimate of market value is for
the 2006 assessment as a completed project. Parcel # 75-405-0340, 75-405-0320
Estimated Market Value Building
Estimated Market Value Land
Improvements to Land
Total
$3,704,400.00
$ 810,200.00
$ 25,000.00
$4,539,600.00
The estimated tax payable in 2007 using the 2006 proposed tax rate would be
approximately $168,153.00.
If you have any questions please contact me at (763) 241-2885
Sincerely,
5t::len ~
Chief Deputy Assessor
Sherburne County Assessor's Office
Cc: Brian Bensen, Gerald Kritzeck
--........
Economic Development
Tax Rebate Financing
Policy & Application
Axnended:August2002
Adopted: April 1 0, 2000
City of Elk River, Minnesota
Table of Contents
I. Policy Purpose
II. Difference Between TRF & TIF
3
III. Objectives of Tax Rebate Financing
IV. Policies for the Use of TRF
V. Project Qualifications.
VI. Subsidy Agreement & Reporting Requirements
VII. Application Process
City. of Elk River
Application to Other Political Subdivisions
VIII. Application
Applicant Information
Project Information
Public Purpose
Sources & Uses
Checklist & Additional Information
IX. Application Review Worksheet
X.. Exhibits
A Corporation/Partnership Description
B Project Description
C Shareholders
D Butfor Analysis
E Prospective Lessees
F Legal Description and PID Number
XI. Sample But-For Analysis
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
7
7
8
9
9
10
1 1
15
3
3-4
4-5
5-6
6
7
8
12
14
-2-
I. POLICY PURPOSE
For the purposes of this document, the term "Ci!J" shall include the Elk River Ci!J Council, Economic
Development Authori!J, and Housing and Redevelopment Authori!J.
The purpose of this policy is to establish the City of Elk River's position relating to the
use of Tax Rebate Financing (TRF), otherwise referred to as Tax Abatement, for private
development above and beyond the requirements and limitations set forth by State Law.
This policy shall be used as a guide in the processing and review of applications
requesting tax rebate assistance. The fundamental purpose of tax rebate financing in Elk
River is to encourage desirable development or redevelopment that would not otherwise
;ccur but for the assistance provided through TRF.
The City of Elk River is granted the power to utilize TRF by the Minnesota Tax
Abatement Act, as amended. It is the intent of the City to provide the minimum amount
ofTRF, as well as other incentives, at the shortest term required for the project to
proceed. The City reserves the right to approve or reject projects on a case by case basis,
taking into consideration established policies, project criteria, and demand on city
services in relation to the potential benefits from the project. Meeting policy criteria does
not guarantee the award ofTRF to the project. Approval or denial of one~project is not
intended to set precedent for approval or denial of another project.
II. DIFFERENCE BETWEEN TRP & TIF
The primary difference between Tax Rebate Financing (TRF) and Tax Increment
Financing (TIP) is the way in which the dollars are awarded to the project. When TIF is
awarded to a project by the city, the other political subdivisions (the school district and
the county) are required to contribute their portion of the increased taxes to the project.
Conversely, when TRF is requested, each political subdivision has the option of granting
its portion of the increased taxes to the project. Subsequently, the dollars generated for
the project with TRF are generally less than the dollars generated with TIP.
III. OBJECTIVES OF TAX REBATE FINANCING
As a matter of adopted policy, the City will consider using TRF to assist private
development projects to achieve one or more of the following objectives:
. To retain local jobs and/or increase the number and diversity of jobs that offer
stable employment and/ or attractive wages and benefits.
. To enhance and diversify the city of Elk River's economic base.
. To encourage additional unsubsidized private development in the area, either
directly or indirectly through "spin off' development.
. To facilitate the development process and to achieve development on sites
which would not be developed without TRF assistance.
. To remove blight and/ or encourage redevelopment of commercial and
industrial areas in the city that result in high quality redevelopment and private
reinvestment.
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 3 -
· To offset increased costs of redevelopment (i.e. contaminated site clean up)
over and above the costs normally incurred in development.
. To create opportunities for affordable housing.
. To contribute to the implementation of other public policies, as adopted by the
city from time to time, such as the promotion of quality urban or architectural
design, energy conservation, and decreasing capital and/or operating costs of
local government.
IV. POLICIES FOR THE USE OF TRF
a. TRF assistance will be provided to the developer upon receipt of taxes by the
City, otherwise referred to as the pqy-as-you-go method. Requests for up front
financing will be considered on a case-by-case basis.
b. Any developer receiving TRF assistance shall provide a minimum of twenty
percent (20%) cash equity investment in the project. Projects utilizing the
SBA504 program will be required to provide a minimum of te_n percent
(10%) cash equity investment.
c. TRF will not be used in circumstances where land and/or property price is in
excess of fair market value.
d. Developer shall be able to demonstrate a market demand for a proposed
project.
e. TRF will not be utilized in cases where it would create an unfair and
significant competitive financial advantage over other projects in the area.
f. TRF shall not be used for projects that would place extraordinary demands
on city services or for projects that would generate significant environmental
impacts.
g. The developer must provide adequate financial guarantees to ensure
completion of the project, including, but not limited to: assessment
agreements, letters of credit, personal guaranties, and etcetera.
h. The developer shall adequately demonstrate, to the City's sole satisfaction, an
ability to complete the proposed project based on past development
experience, general reputation, and credit history, among other factors,
including the size and scope of the proposed project.
1. For the purposes of underwriting the proposal, the developer shall provide
any requested market, financial, environmental, or other data requested by
the City or its consultants.
J. TRF proposals shall not be used to support speculative office projects.
Speculative projects are defined as those projects which have pre-leasing
agreements or letters of intent for less than 50% of the available space.
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 4-
In addition, leasible office projects must meet the following guidelines:
1. Evidence of the 50% occupancy must be reported to the Director of
Economic Development six months following an issued certificate of
occupancy.
2. 50% of the jobs within the leasible office building space must be
considered "new" jobs to the City of Elk River, meaning jobs not
located in the City at any time prior to occupying space in the project.
3. Business retention jobs will be considered on a one-for-one match to
job creation only in cases where job loss is specific and demonstrable in
accordance with the MN Business Subsidy Law. Evidence may include
documentation that the company will have to close involuntarily, or the
company has received an attractive offer to move to another state or
community.
k. All TRF proposals shall optimize the private development potential of a site.
V. PROJECT QUALIFICATIONS
All TRF projects considered by the City of Elk River must meet each of the following
requirements:
a. The project shall meet at least one of the objectives set forth in Section III of
this document.
b. The use of TRF will be limited to:
.
Industrial development, expansion, redevelopment, or
rehabilitation; or
Commercial redevelopment or rehabilitation; or
Research and development facilities that satisfy Business Park
zoning requirements; or
Office facilities with a minimum new construction of 25,000
square feet and minimum market value of $1,000,000 upon
project completion; or
Residential development and redevelopment may be eligible for
TRF under a separate set of policies and only with the
recommendation of the BRA.
.
~
.
.
.
c. The developer shall demonstrate that the project is not financially feasible
butfor the use of TRF. Evaluation of the project's financial feasibility without
TRF shall be provided by the City's financial advisor on requests of over
$25,000 total.
d. The project shall comply with all provisions set forth in the state's
Tax Abatement Law, statues 469.1812 to 469.1815, as amended.
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 5 -
e. The project must be consistent with the City's Comprehensive Plan, Land
Use Plan, and Zoning Ordinances.
f. The project shall serve at least two of the following public purposes:
. Job creation or job retention.
. Increase of tax base.
. Enhancement or diversification of the city's economic base.
. Development or redevelopment that will spur additional private
investtnent in the area.
· Fulfilltnent of defined city objectives, such as those identified in the
Strategic Plan for Economic Development or the city's Comprehensive
Plan, among others.
. Removal of blight or the rehabilitation of a high profile or priority site.
VI. SUBSIDY AGREEMENT & REPORTING REQUIRMENTS
All developers/businesses receiving Tax Rebate Financing assistance from the City
of Elk River shall be subject to the provisions and requirements set forth by the
City's Business Subsidy Criteria as adopted, and State Statute 116].993 as
sU1nillarized below.
All developers/businesses receiving TRF assistance shall enter into a Subsidy
Agreement with the City of Elk River that identifies: the reason for the subsidy, the
public purpose served by the subsidy, and the goals for the subsidy, as well as other
subsidy agreement criteria set forth by Statute 116].993.
The developer/business shall file a report annually for two years after the date the
benefit is received or until all goals set forth in the application and Subsidy
Agreement have been met, whichever is later. Reports shall be completed using the
format drafted by the State of Minnesota and shall be filed with the City of Elk
River no later than March 1 of each year for the previous calendar year. Businesses
fulfilling job creation requirements must file a report to that effect with the city
within 30 days of meeting the reqUirements.
. The developer/business owner shall maintain and operate its facility at the site
where TRF assistance is used for a period of five years after the benefit is received.
In addition to attaining or exceeding the jobs and wages goals set forth in the
Subsidy Agreement, the borrower shall achieve at least one of the objectives set
forth in Section III of this document.
Developers / Businesses failing to comply with the above provisions will be subject
to fines, repayment requirements, termination of the assistance, and be deemed
ineligible by the State to receive any loans or grants from public entities for a period
of five years.
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 6 -
VII. APPLICATION PROCESS FOR TRF
A. CITY OF ELK RIVER
1. Applicant submits the completed application along with a $5,000 application fee.
The application fee will be used toward the cost of services provided in the
evaluation of financial feasibility and preparation of legal documents. The balance
of the application fee will be returned to the applicant.
2.. City staff reviews the application and completes the Application Review
Worksheet.
3. Results of the Worksheet are submitted to the appropriate governing authorities
for preliminary approval of the proposal.
4. If preliminary approval is granted, all necessary notices, resolutions and agreements
are prepared by City staff and/or consultants.
5. Public hearing(s) on the proposed project are held.
6. The EDA or HRA recommends approval or denial of the proposal to the City
Council.
7. The City Council grants fInal approval or denial of the proposal.
B. APPLICATIONS TO OTHER POLITICAL SUBDIVISIONS
It is recommended that applicants intending to seek TRF from Sherburne County
and/ or School District 728 make their applications to those bodies concurrent with
their application to the City of Elk River. For more information on applying for TRF
through Sherburne County and/or School District 728, contact:
Sherburne County Administrator
763-241-2701
Superintendent - School District 728
763-241-3400
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 7 -
VIII. APPLICATION FOR TAX REBATE FINANCING
A. APPLICANT INFORMATION
Name of Corporation/Partnership
Address
Primary Contact
Address
Phone
Fax
.Email
On a separate sheet, please provide the following:
· Brief description of the corporation/partnership's business, including history,
principal product or service, etc. .. Attach as Exhibit A .
· Brief description of the proposed project. Attach as Exhibit B.
· List names of officers and shareholders/partners with more than five percent
(5%) interest in the corporation/partnership. Attach as Exhibit C.
· A butyoranalysis and narrative. Attach as Exhibit D.
Attorney Name
Address
Phone
Fax
Email
Accountant Name
Address
Phone Fax Email
Contractor Name
Address
Phone Fax Email
Engineer Name
Address
Phone Fax Email
Architect Name
Address
Phone Fax Email
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 8-
B. PROJECT INFORMATION
1. The project will be:
_Industrial: _New Construction _ Expansion _Redevelopment / Rehab.
_Office/research facility that conforms to business park standards
_Commercial Redevelopment/Rehabilitation
_Other
2. In addition to the City of Elk River, applicant is requesting TRF funds from:
Sherburne County School District 728
3. The project will be: _Owner Occupied _Leased Space
. IEleased space, please attach a list names and addresses of future lessees and indicate
the status of commitments or lease agreements. Attach as Exhibit E.
4. Project Address
. Include Legal Description and Pill Number. Attach as Exhibit F
S. Site Plan Attached:
Yes
No
6. Total Amount ofTRF Requested: $
City Portion of TRF:
County Portion ofTRF:
ISD 728 Portion of TRF:
over
Annual $
Annual $
Annual $
years.
Total $
Total $
Total $
7. Current Real Estate Taxes on Project Site: $
Estimated Real Estate Taxes upon Completion: Phase I $
Phase II $
8. Construction Start Date:
Construction Completion Date:
If Phased Project:
% Completed
% Completed
Year
Year
C. PUBLIC PURPOSE
It is the policy of the City of Elk River that the use of Tax Rebate Financing should
result in a benefit to the public. Please indicate how this project will serve a public
purpose.
_Job Creation/Retention Number of existing jobs
Number of jobs created by project
Average hourly wage of jobs created/retained
_N ew industrial development which will result in additional private
investment in the area.
_Enhancement and/or diversification of the city's economic base.
_The project contributes to the fulfillment of the City's Strategic
Plan for Economic Development.
_Removal of blight.
~ehabilitation of a high profile or priority site.
_Other:
City of Elk. River
Tax Rebate Financing Policy, Amended August 2002
- 9 -
D. SOURCES & USES
SOURCES NAME
Bank Loan
Other Private Funds
Equity
Fed Grant/Loan
State Grant/Loan
EDA Micro Loan
Tax Rebate Financing
ID Bonds
TOTAL
USES
Land Acquisition
Site Development
Construction
Machinery & Equipment
Architectural & Engineering Fees
Legal Fees
Interest During Construction
Debt Service Reserve
Contingencies
TOTAL
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
AMOUNT
$
$
$
$
$
$
$
$
$
AMOUNT
$
$
$
$
$
$
$
$
$
$
~ 10-
E. ADDITIONAL DOCUMENTATION AND CHECKLIST
Applicants will also be required to provide the following documentation.
_ A) Written business plan, including a description of the business,
ownership/management, date established, products and services, and future
plans
B) Financial Statements for Past Two Years
Profit & Loss Statement
Balance Sheet
C) Current Financial Statements
Profit & Loss Statement to Date
_Balance Sheet to Date
_ D) Two Year Financial Projections
_ F) Personal Financial Statements of all Major Shareholders
Profit & Loss
Current Tax Return
_ G) Letter of Commitment from Applicant Pledging to Complete
During the Proposed Project Duration
_ H) Letter of Commitment from the Other Sources of Financing,
Staring Terms and Conditions of their Participation in the Project
_ I) Application fee of $5000
_ J) Itemized Project Construction Statement
_ K) Attach the following documentation as Exhibits
Exhibit A - Corporation/Partnership Description
Exhibit B - Description of Project
Exhibit C - List of Shareholders/Partners
Exhibit D - But-For Analysis
Exhibit E - List of Prospective Lessees
Exhibit F - Legal Description
Note: All Major shareholders will be required to sign personal guarantees if up front
financing of the project is required.
The undersigned certifies that all information provided in this applicati~n is true and correct
to the best of the undersigned's knowledge. The undersigned authorizes the City of Elk
River to check credit references, verify financial and other information, and share this
information with other political subdivisions as needed. The undersigned also agrees to
provide any additional information as may be requested by the City after the filing of this
application.
Applicant Name
Date
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 11 -
EXHIBIT A
Description of the corporation or partnership
EXHIBIT B
Description of the proposed project
EXHIBIT C
Names of officers and shareholders/partners with more than five percent (5%) interest in
the corporation/partnership.
EXHIBIT D
Butfor analysis
EXHIBIT E
Prospective Lessees
EXHIBIT F
Legal Description and PID Number
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 14-
XI. SAMPLE BUT-FOR ANALYSIS
WITH NO WITH
TAX REBATE FINANCING TAX REBATE FINANCING
SOURCES AND USES SOURCES AND USES
SOURCES SOURCES
Mortgage 9,600,000 8,667,000
Equity 2,400,000 2,400,00
Tax Rebate Financing 0 933,000
TOTAL SOURCES 12,000,000 12,000,000
USES USES
Land 1,500,000 1,500,000
Site Work 300,000 300,000
Soil Correction 468,000 468,000
Demolition 100,000 100,000
Relocation 65,000 65,000
Subtotal Land Costs 2,433,000 2,433,000
-
Construction 6,750,000 6,750,000
Finish Manufacturing 250,000 250,000
Subtotal Construction Costs 7,000,000 7,000,000
Soft Costs 350,000 350,000
Taxes 35,000 35,000
Finance Fees 850,000 850,000
Project Manager 542,000 542,000
Developer Fee 540,000 540,000
Contingency 250,000 250,000
Subtotal Soft Costs 2,567,000 2,567,000
TOTAL USES 12,000,000 12,000,000
Income Statement Income Statement
Sq. Ft. Per Sq. Ft. Sq. Ft. Per Sq. Ft.
Rent-Space 1 100,000 $8.00 800,000 100,000 $8.00 800,000
Rent-Space 2 25,000 $8.50 212,500 25,000 $8.50 212,500
Rent-Space 3 25,000 $9.00 225,000 25,000 $9.00 225,000
Other 0 $0.00 0 0 $0.00 0
1,237,500 1,237,500
Mortgage 20 Term 1,051,646 20 Term 949,439
9.00% Interest 9.00% Interest
9,600,000 Principal 8,667,000 Principal
Net Income 185,854 288,061
Total Return on Equity 7.74% 12.00%
City of Elk River
Tax Rebate Financing Policy, Amended August 2002
- 15 -
In the 19971egis1ative session, Representative Ron Abrams from Minnetonka
authored legislation to allow individual political subdivisions (county, city, ~~JE?"i;ffi'ti
town, or school district) to return. their proportional share of all or a portion of a
building's property taxes (see H.F. 2163, Laws of Minnesota, Article 2, Sections 45 to 48, or Minnesota
Statutes, Sections 469.1812 to 469.1815). Abatements were.designed to give each jurisdiction a voice in
economic and redevelopment efforts, limit the state's financial liability through the school finance system,
and enable new business retention efforts.
Complications arose in the mechanics of abatements and, more importantly, from the reintroduction oflevy
limits for taxes payable in 1998 and 1999. The 1998 Legislature passed legislation to exempt these
abatements from the levy limits and also allow bonds to be issued as a means to finance the development.
The 1999 through 2003 Legislatures, in an effort to make abatement a more viable economic development
tool, has further expanded the scope of abatement authority.
The nuts and bolts of the abatement program are as follows:
o The abatement is a tax rebate rather than an exemption from paying taxes.
o The taxpayer pays taxes on the abated property in the same manner it would if the taxes were not being
abated. The county pays the abatement to the general fund of the political subdivision without
identifying the amount of the abatement.
o The 1999 Legislature expanded the meaning of the term abatement to encompass agreements to defer
property taxes without interest or penalties. The city, town, county or school district can levy taxes
as usual, defer payments for up to ten years, impose a set repayment schedule, and abate the penalties
and interest.
o Towns may take action on tax abatement at any meeting, not only at their annual meeting. The 1999
Legislature gave the town board the power to approve the abatement resolution at other times, but
unfortunately, the new legislation did not change the definition of "governing body". The 2001
Legislature corrects the defInition of governing body to authorize town boards (rather than the annual
meeting) to approve abatement, and is retroactive to the date of the 1999 change (May 26, 1999).
o As of May 26, 1999, a school district may abate its entire tax capacity based levy (previously could
only abate 60% to 75%). A school district may not abate market value based levies. School boards,
also as of May 26, 1999, may now grant abatements for the entire term of the abatement (previously
they could only approve the abatement one year at a time). School districts may levy an additional
property tax to pay for their abatements. The school district will not lose net revenue by using the
program..
o The maximum term of the abatement is ten years if the city (or town), county, and school all
participate. If one or more entities decline, the maximum term is 15 for all participating entities, not
just the requesting unit of government, under legislation passed in 2001. The 2002 Legislature
extended the duration limit for a period of up to 20 years if the abatement is for a "qualifIed business".
o The 2003 Legislature doubled the maximum that an entity can abate to the greater of$200,000 per year
or 10% of the entity's levy.
o Taxes payable from the market value of a new or existing building, and, as of May 26, 1999, the value
of land and any fIscal disparities contributions (for metro and taconite credit areas only) may be
abated. The maximum annual abatement equals the political subdivision's local tax rate multiplied
by the net tax capacity of the parcel.
EHLERS & ASSOCIA TES, INC. 3060 Centre Pointe Drive, Rosevil/e, Minnesota 55113 651.697.8500
o Abatements are authorized to [mance public infrastructure, whether ornot the benefitted infrastructure is on or adjacent
to the parcel for which the tax is abated. The owner of a parcel for which taxes are abated need not consent. Thus, a
political subdivision may approve an abatement for certain parcels and use the retained taxes to finance public
improvement projects.
o The notification requirements include a public hearing with a 10 to 30 day publication notice.
o The [mdings required by a councilor board include general statements of tax base, preservation, employment, public
facilities, blight, or access to services.
o G.O. Abatement Bonds can be issued without affecting net debt and can be issued_without a referendum under certain
conditions. Authorities may increase their abatement levies to make up for shortfalls resulting from class rate
compression. Effective for bonds issued or sold after July 1, 2001, abatement bonds used for buildings primarily used
to conduct the business of a unit of government must require approval by the voters in a referendum, under legislation
passed in 2001.
o Abatement does not require a property owners cOIlsent.
o Abatements cannot be used in concert with tax increment financing, but can be utilized after a TIF district is decertified.
o Effective for abatement levies payable beginning in 2002, the 2001 Legislature authorizes political subdivisions to
increase their abatement levies to make up for shortfalls from class rate compression.
Another issue which complicates the abatement program is the specific authority of a governmental body to pledge its
abatements to the debt of another governmental entity, if the debt is not a G.O. Abatement Bond. Many attorneys differ on
the interpretations of the pledges allowed and what exactly constitutes a G.O. Abatement Bond.
We recommend that abatement always be utilized in conjunction with a development agreement that clearly spells out the
developer's responsibilities with respect to improvements and job and wage goals.
Abatement is a "business subsidy" and as such is subject to Minnesota Statutes, Sections ll6J.993 through 116J.995.
Ehlers & Associates, Inc. - Abatement
1865057v3
TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT
BY AND BETWEEN
CITY OF ELK RIVER, MINNESOTA
AND
THE BANK OF ELK RIVER
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS................................................................................................. 1
Section 1.1 Definitions............................................................................................ 1
ARTICLE II REPRESENTATIONS AND WARRANTIES................................................ 3
Section 2.1 Representations and Warranties of the City......................................... 3
Section 2.2 Representations and Warranties of the Deve10per............................... 3
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITy....................................... 5
Section 3.1 Construction of Project and Reimbursement of Tax Abatement
Property Cost....................................................................................... 5
Limitations on Undertaking ofthe City............................................... 5
Commencement and Completion of Construction............................... 5
Damage and Destruction...................................................................... 5
Change in Use of Project ..................................................................... 5
Prohibition Against Transfer of Project and Assignment of
Agreement............................................................................................ 5
Real Property Taxes............................................................................. 6
Business Subsidies Act........................................................................ 6
Duration of Abatement Program...... .................................................... 7
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9
ARTICLE IV EVENTS OF DEFAULT .................................................................................8
Section 4.1 Events of Default Defined................................................................... 8
Section 4.2 Remedies on Defau1t............................................................................ 8
Section 4.3 No Remedy Exclusive.......................................................................... 8
Section 4.4 No Implied Waiver ..............................................................................8
Section 4.5 Agreement to Pay Attorney's Fees and Expenses ............................... 9
Section 4.6 Release and Indemnification Covenants.............................................. 9
ARTICLE V ADDITIONAL PROVISIONS ......................................................................10
Section 5.1 Conflicts of Interest............................................................................ 10
Section 5.2 Titles of Articles and Sections ........................................................... 10
Section 5.3 Notices and Demands ........................................................................ 10
Section 5.4 Counterparts....................................................................................... 10
Section 5.5 Law Governing ................ .................................................................. 10
Section 5.6 Duration ................................................................................ ............. 11
Section 5.7 Provisions Surviving Rescission or Expiration.................................. 11
-1-
TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT
THIS AGREEMENT, made as of the _ day of , 2006, by and among
the City of Elk River, Minnesota (the "City"), a municipal corporation and political subdivision
of the State of Minnesota, and The Bank of Elk River, a Minnesota corporation (the
"Developer").
WITNESSETH:
WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the
City has established a Tax Abatement Program; and
WHEREAS, the City believes that the development and construction of a certain Project
(as defined herein), and fulfillment of this Agreement are vital and are in the best interests of the
City, will result in preservation and enhancement of the tax base, provide employment
opportunities and are in accordance with the public purpose and provisions of the applicable state
and local laws and requirements under which the Project has been undertaken and is being
assisted; and
WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section
116J.993 through 116J.995, apply to this Agreement; and
WHEREAS, the City has adopted criteria for awarding business subsidies that comply
with the Business Subsidy Law, after public hearings for which notice was published; and
WHEREAS, the Council has approved this Agreement as a subsidy agreement under the
Business Subsidy Law.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein
shall have the following meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
Benefit Date means the date on which a Certificate of Occupancy for the Project is issued
by the City;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
1865057v3
City means the City of Elk River, Minnesota;
County means Sherburne County, Minnesota;
Developer means The Bank of Elk River, a Minnesota corporation, its successors and
assIgns;
Event of Default means any of the events described in Section 4.1;
Proiect means the renovation by the Developer its existing facility located on the Tax
Abatement Property in the City and construction an approximately 20,000 square foot expansion
thereto;
State means the State of Minnesota;
Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815;
Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes,
Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project;
Tax Abatement Property means all and any portion of the real property identified as
Parcel Identification Numbers 75-405-0340 and 75-405-0320, located in the City;
Tax Abatements means 100% of the City's share of the property taxes based on the
market value of the Tax Abatement Property in excess of $ which is the current
market value of Tax Abatement Property as improved by the Developer's existing facility prior
to expansion and renovation determined by the Sherburne County assessor in 2006 for taxes
payable in 2007, abated in accordance with the Tax Abatement Program.
1865057v3
2
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties of the City. The City makes the following
representations and warranties:
(1) The City is a municipal corporation and a political subdivision of the State and
has the power to enter into this Agreement and carry out its obligations hereunder.
(2) The Tax Abatement Program was created, adopted and approved in accordance
with the terms of the Tax Abatement Act.
(3) To finance the costs of the Project to be undertaken by the Developer, the City
proposes, subject to the further provisions of this Agreement, to apply the Tax Abatements to
reimburse the Developer for a portion of the costs of the Tax Abatement Property as further
provided in this Agreement.
(4) The City has made the findings required by the Tax Abatement Act for the Tax
Abatement Program.
Section 2.2 Representations and Warranties of the Developer. The Developer makes the
following representations and warranties:
(1) The Developer has the power to enter into this Agreement and to perform its
obligations hereunder and is not in violation of its articles or bylaws or any local, state or federal
laws.
(2) The Developer is a corporation validly existing under the laws of this State and
has full power to enter into this Agreement and carry out the covenants contained herein.
(3) The Developer will cause the Project to be constructed in accordance with the
terms of this Agreement and all local, state and federal laws and regulations (including, but not
limited to, environmental, zoning, energy conservation, building code and public health laws and
regulations).
(4) The Developer will obtain or cause to be obtained, in a timely manner, all
required permits, licenses and approvals, and will meet, in a timely manner, all requirements of
all applicable local, state, and federal laws and regulations which must be obtained or met before
the Project may be lawfully constructed
(5) The construction of the Project would not be undertaken by the Developer, and in
the opmlOn of the Developer would not be economically feasible within the reasonably
foreseeable future, without the assistance and benefit to the Developer provided for in this
Agreement.
1865057v3
3
(6) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provisions of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(7) The Developer will cooperate fully with the City with respect to any litigation
commenced with respect to the Project but only to the extent that the City and the Developer are
not adverse parties to the litigation.
(8) The Developer will cooperate fully with the City in resolution of any traffic,
parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Project.
1865057v3
4
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1 Construction of Proiect and Reimbursement of Tax Abatement Property
Cost.
(1) The costs of the construction of the Project shall be paid by the Developer. The
Developer will construct the Project in accordance with the approved construction plans and at
all times prior to the termination of this Agreement will operate and maintain, preserve and keep
the Project or cause the Project to be maintained, preserved and kept with the appurtenances and
every part and parcel thereof, in good repair and condition.
(2) Upon submission to the City of invoices relating to the costs of construction of the
Project which exceed the costs of constructing a comparable new building as a result of the
shape, size and downtown location of the Tax Abatement Property in an amount not less than the
Reimbursement Amount, the City shall reimburse the Developer for such costs of the Project
actually incurred in an amount not to exceed $300,000 (the "Reimbursement Amount") pursuant
to the Abatement Program as provided in Section 3.9.
Section 3.2 Limitations on Undertaking of the City. Notwithstanding the provisions of
Section 3.1, the City shall have no obligation to reimburse the Developer for the costs of the
Project, if the City, at the time or times such payment is to be made, is entitled under Section 4.2
to exercise any of the remedies set forth therein as a result of an Event of Default which has not
been cured.
Section 3.3 Commencement and Completion of Construction.
The Developer shall complete the Project by March 31, 2007. All work with respect to
the Project to be constructed or provided by the Developer shall be in conformity with the
construction plans as submitted by the Developer and approved by the City.
Nothing in this Agreement shall be deemed to impair or limit any of the City's rights or
responsibilities under its zoning laws or construction permit processes.
Section 3.4 Damage and Destruction. In the event of damage or destruction of the
Project the Developer shall repair or rebuild the Project.
Section 3.5 Change in Use ofProiect. The City's obligations pursuant to this Agreement
shall be subject to the continued operation of the Project by the Developer.
Section 3.6 Prohibition Against Transfer of Proiect and Assignment of Agreement. The
Developer represents and agrees that prior to the termination date of this Agreement the
Developer shall not transfer the Project or any part thereof or any interest therein, without the
prior written approval of the City. The City shall be entitled to require as conditions to any such
approval that:
1865057v3
5
(1) Any proposed transferee shall have the qualifications and financial responsibility,
in the reasonable judgment of the City, necessary and adequate to fulfill the obligations
undertaken in this Agreement by the Developer.
(2) Any proposed transferee, by instrument in writing satisfactory to the City shall,
for itself and its successors and assigns, and expressly for the benefit of the City, have expressly
assumed all of the obligations of the Developer under this Agreement and agreed to be subject to
all the conditions and restrictions to which the Developer is subj ect.
(3) There shall be submitted to the City for review and prior written approval all
instruments and other legal documents involved in effecting the transfer of any interest in this
Agreement or the Proj ect.
Section 3.7 Real Property Taxes. The Developer shall, so long as this Agreement
remains in effect, pay all real property taxes with respect to all parts of the Tax Abatement
Property owned by it which are payable pursuant to any statutory or contractual duty that shall
accrue until title to the property is vested in another person. The Developer agrees that for tax
assessments so long as this Agreement remains in effect:
(a) It will not seek administrative review or judicial review of the
applicability of any tax statute relating to the ad valorem property taxation of real
property contained on the Tax Abatement Property determined by any tax official to be
applicable to the Project or the Developer or raise the inapplicability of any such tax
statute as a defense in any proceedings with respect to the Tax Abatement Property,
including delinquent tax proceedings; provided, however, "tax statute" does not include
any local ordinance or resolution levying a tax;
(b) It will not seek administrative review or judicial review of the
constitutionality of any tax statute relating to the taxation of real property contained on
the Tax Abatement Property determined by any tax official to be applicable to the Project
or the Developer or raise the unconstitutionality of any such tax statute as a defense in
any proceedings, including delinquent tax proceedings with respect to the Tax Abatement
Property; provided, however, "tax statute" does not include any local ordinance or
resolution levying a tax;
(c) It will not seek any tax deferral or abatement, either presently or
prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or
federal law, of the ad valorem property taxation of the Tax Abatement Property so long
as this Agreement remains in effect.
Section 3.8 Business Subsidies Act.
(1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to
116J.995 (the "Business Subsidies Act"), the Developer acknowledges and agrees that the
amount of the "Business Subsidy" granted to the Developer under this Agreement is the value of
a portion of the Tax Abatement Property, which is approximately $300,000, and that the
Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to
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undertake without the Business Subsidy. The public purpose of the Business Subsidy is to
increase the tax base in the City. The Developer agrees that they will meet the following goals
(the "Goals"): it will create at least twenty (20) full time jobs in connection with the
development of the Development Project at a wage of at least $15.00 per hour, which includes
benefits not required by law, within two years from the Benefit Date.
(2) If none of the Goals are met, the Developer agrees to repay all of the Business
Subsidy to the City, plus interest ("Interest") set at the implicit price deflator defined in
Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date,
compounded semiannually. If the Goals are met in part, the Developer will repay a portion of
the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a
fraction, the numerator of which is the number of jobs in the Goals which were not created at the
wage level set forth above and the denominator of which is twenty (20) (i.e. number of jobs set
forth in the Goals).
(3) The Developer agrees to (i) report its progress on achieving the Goals to the City
until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals
are not met, until the date the Business Subsidy is repaid, (ii) include in the report the
information required in Section 116J.994, Subdivision 7 of the Business Subsidies Act on forms
developed by the Minnesota Department of Employment and Economic Development, and (iii)
send completed reports to the City. The Developer agrees to file these reports no later than
March 1 of each year commencing March 1, 2006, and within 30 days after the deadline for
meeting the Goals. The City agrees that if it does not receive the reports, it will mail the
Developer a warning within one week of the required filing date. If within 14 days of the post
marked date of the warning the reports are not made, the Developer agrees to pay to the City a
penalty of $1 00 for each subsequent day until the report is filed up to a maximum of $1 ,000.
(4) The Developer agrees to continue operations of the Project for at least five (5)
years after the Benefit Date.
(5) Other than the Tax Abatements provided by the City and comparable tax
abatements from the County, there are no state or local government agencies providing financial
assistance for the Project.
(6) There is no parent corporation of the Developer.
Section 3.9 Duration of Abatement Program. The Tax Abatement Program shall exist
for a period of up to twelve years beginning with real estate taxes payable in 2008 through 2019.
On or before February 1 and August 1 of each year commencing August 1,2008 until the earlier
of the date that the Developer shall have received the Reimbursement Amount or February 1,
2020 the City shall pay the Developer the amount of the Tax Abatements received by the City in
the previous six month period. The City may terminate the Tax Abatement Program and this
Agreement at an earlier date if an Event of Default occurs and the City rescinds or cancels this
Agreement.
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ARTICLE N
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean whenever it is used in this
Agreement anyone or more of the following events:
(1) Failure by the Developer to timely pay any ad valorem real property taxes, special
assessments, utility charges or other governmental impositions with respect to the Project.
(2) Failure by the Developer to cause the construction of the Project to be completed
pursuant to the terms, conditions and limitations of this Agreement.
(3) Failure by the Developer to observe or perform any other covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section
4.1 occurs and is continuing, the City, as specified below, may take anyone or more of the
following actions after the giving of thirty (30) days' written notice to the Developer citing with
specificity the item or items of default and notifying the Developer that it has thirty (30) days
within which to cure said Event of Default. If the Event of Default has not been cured within
said thirty (30) days:
(a) The City may suspend its performance under this Agreement until it
receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement.
(b) The City may cancel and rescind this Agreement.
(c) The City may take any action, including legal or administrative action, in
law or equity, which may appear necessary or desirable to enforce performance and
observance of any obligation, agreement, or covenant of the Developer under this
Agreement.
Section 4.3 No Remedv Exclusive. No remedy herein conferred upon or reserved to the
City is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof but any such right and power may be exercised from
time to time and as often as may be deemed expedient.
Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement
should be breached by any party and thereafter waived by the other party, such waiver shall be
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limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the City shall employ attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer herein contained, the Developer agrees that
they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such
other expenses so incurred by the City.
Section 4.6 Release and Indemnification Covenants.
(1) The Developer releases from and covenants and agrees that the City and its
governing body members, officers, agents, servants and employees shall not be liable for and
agrees to indemnify and hold harmless the City and its governing body members, officers,
agents, servants, and employees against any loss or damage to property or any injury to or death
of any person occurring at or about or resulting from any defect in the Project.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of
the following named parties, the Developer agrees to protect and defend the City and its
governing body members, officers, agents, servants and employees, now or forever, and further
agrees to hold the aforesaid harmless from any claim, demand, action or other proceeding
whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of
the obligations of the Developer under this Agreement, or the transactions contemplated hereby
or the acquisition, construction, installation, ownership, maintenance and operation of the
Project.
(3) The City and its governmg body members, officers, agents, servants and
employees shall not be liable for any damages or injury to the persons or property of the
Developer or its officers, agents, servants or employees or any other person who may be about
the Project due to any act of negligence of any person.
(4) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City in the individual capacity thereof.
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ARTICLE V
ADDITIONAL PROVISIONS
Section 5.1 Conflicts of Interest. No member of the governing body or other official of
the City shall participate in any decision relating to this Agreement which affects his or her
personal interests or the interests of any corporation, partnership or association in which he or
she is directly or indirectly interested. No member, official or employee of the City shall be
personally liable to the City in the event of any default or breach by the Developer or successor
or on any obligations under the terms of this Agreement.
Section 5.2 Titles of Articles and Sections. Any titles of the several parts, articles and
sections of this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 5.3 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
(1) in the case ofthe Developer is addressed to or delivered personally to:
The Bank of Elk River
630 Main St.
Elk River, MN 55330
Attention: President
(2) in the case of the City is addressed to or delivered personally to the City at:
City of Elk River
Elk River City Hall
13065 Orono Parkway
Elk River, MN 55330-5600
Attention: Director of Economic Development
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section.
Section 5.4 Counterparts. This Agreement may be executed III any number of
counterparts, each of which shall constitute one and the same instrument.
Section 5.5 Law Governing. This Agreement will be governed and construed III
accordance with the laws of the State of Minnesota.
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Section 5.6 Duration. This Agreement shall remain in effect through the earlier of the
date the Developer receives the Reimbursement Amount or February 1, 2020, unless earlier
terminated or rescinded in accordance with its terms.
Section 5.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising out
of any event, occurrence or circumstance existing prior to the date thereof.
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IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and on its behalf, and the Developer has caused this Agreement to be duly executed in its
name and on its behalf, on or as ofthe date first above written.
THE BANK OF ELK RIVER
By
Its
This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between
the City of Elk River, Minnesota and The Bank of Elk River.
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CITY OF ELK RIVER, MINNESOTA
By
Its Mayor
By
Its Administrator
This is a signature page to the Tax Abatement and Business Subsidy Agreement by and between
the City of Elk River, Minnesota and The Bank of Elk River.
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EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF ELK RIVER, MINNESOTA
HELD: February 6, 2006
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Elk
River, Sherburne County, Minnesota, was duly called and held at the City Hall in said City on
Monday, the 6th day of February, 2006, at 6:30 o'clock p.m.
The following members were present:
and the following were absent:
Member
adoption:
introduced the following resolution and moved its
RESOLUTION AUTHORIZING EXECUTION OF
A TAX ABATEMENT AND BUSINESS SUBSIDY AGREEMENT
BE IT RESOLVED by the City Council (the "Council") of the City of Elk River,
Minnesota (the "City"), as follows:
1. Recitals.
(a) The Bank of Elk River (the "Developer") proposes to renovate its existing
facility in the City and construct an approximately 20,000 square foot expansion thereto
(the "Project"). The Developer has requested that the City provide financial assistance to
the Developer for the Project. The City proposes to use the abatement for the purposes
provided for in the Abatement Law (as hereinafter defined), including the Project. The
proposed term of the abatement will be for up to twelve (12) years in an amount not to
exceed $300,000. The abatement will apply to 100% of the City's share of the property
taxes based on the market value of the property described as Parcel Identification
Numbers 75-405-0340 and 75-405-0320 (the "Property") in excess of the market value of
Property as improved by the Developer's existing facility prior to expansion and
renovation determined by the Sherburne County assessor in 2006 for taxes payable in
2007 (the "Abatement").
(b) On the date hereof, the Council held a public hearing on the question of
the Abatement and the business subsidy, and said hearing was preceded by at least 10
days but not more than 30 days prior published notice thereof.
(c) The Abatement is authorized under Minnesota Statutes, Sections 469.1812
through 469.1815 (the "Abatement Law").
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2.
findings:
Findings for the Abatement. The City Council hereby makes the following
(a) The Council expects the benefits to the City of the Abatement to at least
equal or exceed the costs to the City thereof.
(b) Granting the Abatement is in the public interest because it will increase or
preserve the tax base of the City and provide employment opportunities in the City.
(c) The Property is not located in a tax increment financing district.
(d) In any year, the total amount of property taxes abated by the City by this
and other resolutions, if any, does not exceed the greater of ten percent (10%) of the
current levy or $200,000.
3. Terms of Abatement. The Abatement is hereby approved; provided, however,
that this approval is contingent upon the approval by Sherburne County of an abatement program
for the Project upon the same terms as set forth below for the County's share of property tax
amount which the County receives from the Property. The terms of the Abatement are as
follows:
(a) The Abatement shall be for up to twelve (12) years and shall apply to the
taxes payable in the years 2008 through 2019, inclusive.
(b) The City will abate and pay to the Developer 100% of the City's share of
the property taxes based on the market value of the Property in excess of the market value
of Property as improved by the Developer's existing facility prior to expansion and
renovation determined by the Sherburne County assessor in 2006 for taxes payable in
2007, not to exceed $300,000.
(c) The Abatement shall be subject to all the terms and limitations of the
Abatement Law.
(d) The Abatement may not be modified or changed during its term.
4. Approval of Tax Abatement and Business Subsidy Agreement.
(a) The City Council hereby approves a Tax Abatement and Business Subsidy
Agreement with the Developer providing for payment of the Abatement and the City's
assistance for the Project in substantially the form submitted, and the Mayor and
Administrator are hereby authorized and directed to execute the Tax Abatement and
Business Subsidy Agreement on behalf of the City.
(b) The City Council hereby approves a Tax Abatement and Business Subsidy
Agreement as a subsidy agreement pursuant to the requirements of the Business Subsidy
Law, Minnesota Statutes, Section 116J.993 through 116J.995.
(c) The approval hereby given to the Tax Abatement and Business Subsidy
Agreement includes approval of such additional details therein as may be necessary and
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appropriate and such modifications thereof, deletions therefrom and additions thereto as
may be necessary and appropriate and approved by the City officials authorized by this
resolution to execute the Agreement. The execution of the Agreement by the appropriate
officer or officers of the City shall be conclusive evidence of the approval of the
Agreement in accordance with the terms hereof.
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The motion for the adoption of the foregoing resolution was made by member
and duly seconded by member and, upon a vote being
taken thereon after full discussion thereof, the following voted in favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
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STATE OF MINNESOTA )
) SS
COUNTY OF SHERBURNE)
I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River,
Minnesota (the "City"), by reason of my office as Clerk, DO HEREBY CERTIFY that I have
compared the attached and foregoing extract of minutes with the original thereof on file in my
office, and that the same is a full, true and complete transcript of the minutes of a meeting of the
City Council of the City, duly called and held on the date therein indicated, insofar as such
minutes relate to property tax abatements for The Bank of Elk River Project.
WITNESS my hand this _ day of February, 2006.
City Clerk
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