5.1. SR 04-21-2008
REQUEST FOR ACTION
To
Ma or & Ci Council
Agenda Section
Community Development
Meeting Date
April 21, 2008
Item Number
6.1-
Prepared by
Catherine Mehelich, Director
Economic Develo ment
Item Description
Resolution Approving Property Tax Abatements and
Authorizing Execution of a Tax Abatement Agreement in
connection with the Sportech, Inc. Expansion Project
- Public Hearing
Administrator
Action Requested
The City Council is asked to hold a public hearing to consider comment on the proposed tax abatement
in connection with the Sportech, Inc. expansion project.
Following the public hearing, the Council is asked to consider approval of the attached Resolution
Approving Property Tax Abatements and Authorizing Execution of a Tax Abatement Agreement in
connection with the proposed project.
Background/Discussion
The attached staff report to the EDA dated April 14, 2008 provides background on the project as
considered by the EDA for land sale, tax abatement and micro loan applications. Following the statutory
public hearing, the EDA approved resolutions in favor of the land sale and tax abatement. In addition
the EDA approved a $100,000 Micro Loan to the project.
Financial Impact
Addressed in attached April 14, 2008 EDA Staff Report.
Attachments
. Resolution Approving Property Tax Abatements and Authorizing Execution of a Tax Abatement
Agreement
. Staff Report to EDA re: Sportech, rne. Expansion Project, April 14, 2008
. DRAFT Tax Abatement Agreement
Action
Motion by _
Second by _
Vote
Follow Up
S:\Industrial Siting\Sportech Expansion II\Memos\4.21.08 CC Action Requested.doc
RESOLUTION 08-
EXTRACT OF MINUTES OF MEETING
OF THE CITY COUNCIL OF THE
CITY OF ELK RIVER, MINNESOTA
HELD: April 21, 2008
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 21st day of April, 2008, 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 APPROVING PROPERTY TAX ABATEMENTS
AND AUTHORIZING EXECUTION OF
A TAX ABATEMENT AGREEMENT
BE IT RESOLVED by the City Council (the "Council") of the City of Elk River,
Minnesota (the "City"), as follows:
1. Recitals.
(a) Envison Company, LLC, a Minnesota limited liability company (the
"Developer") desires to purchase certain real property identified as Lot 4, Block 1,
NORTH STAR BUSINESS PARK, Sherburne County, Minnesota, Parcel Identification
No. 75-757-0120 (the "Tax Abatement Property") on which the Developer or Sportech,
Inc. will construct an approximately 80,000 square foot light industrial facility located at
17464 Tyler Street NW, Sherburne County, Elk River, Minnesota (the "Project").
(b) The Economic Development Authority of the City of Elk River (the
"ED A") and the Developer have entered into a Purchase Agreement providing for the
EDA's conveyance of the Tax Abatement Property to the Developer for the purpose of
constructing the Project (the "Purchase Agreement").
(c) The Purchase Agreement provides that the EDA will convey the Tax
Abatement Property to the Developer at less than fair market value and the EDA has
requested that the City and Sherburne County, Minnesota (the "County") reimburse the
EDA for the amount of the discount in the price of the Tax Abatement Property with tax
abatements in accordance with Minnesota Statutes, Sections 469.1812 through
469.1815(the "Abatement Law").
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(d) The proposed term of the abatement will be for up to twelve years in an
amount not to exceed $460,000. The abatement will apply to 100% of the City's share of
the property taxes (the "Abatement") derived from the Tax Abatement Property.
(e) On the date hereof, the Council held a public hearing on the question of
the Abatement, and said hearing was preceded by at least 10 days but not more than 30
days prior published notice thereof.
(f) The Abatement is authorized under the Abatement Law.
2. Findings for the Abatement. The City Council hereby makes the following
findings:
(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
significantly increase the tax base of the City and provide quality employment
opportunities in the City.
(c)
district.
The Tax Abatement Property is not located in a tax increment financing
(d) In any year, the total amount of property taxes abated by the City by this
and other resolutions and agreements, 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. The terms of the
Abatement are as follows:
(a) The Abatement shall be for up to twelve (12) years beginning with real
estate taxes payable in 2010 and continuing through 2021, inclusive.
(b) The City will abate and pay to the EDA 100% of the City's share of the
property tax amount which the City receives from the Tax Abatement Property.
(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 Agreement.
(a) The City Council hereby approves a Tax Abatement Agreement with the
EDA 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 Agreement on behalf of the City.
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(b) The approval hereby given to the Tax Abatement Agreement includes
approval of such additional details therein as may be necessary and appropriate and such
modifications thereof, deletions therefrom and additions thereto as may be necessary and
appropriate and approved by 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.
(c) The City Council hereby approves and ratifies the execution of the
Purchase Agreement by the EDA as a business subsidy agreement pursuant to the
Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 1161.995 and
further authorizes the EDA to enter into an agreement pursuant to the Business Subsidy
Law in connection with a micro loan for the Project.
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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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E~
River
REQUEST FOR ACTION
To
Economic Develo ment Authori
Item Number
5 - 5.1 - 5.2
Prepared by
Catherine Mehelich, Director of
EconomicDevelo ment
Agenda Section Meeting Date
Item Description
Consider Sportech, Inc. Expansion Project - Public Hearing
- Consider Disposition of EDA Property and Business Subsidies
- Consider Micro Loan
Administrator
Action Requested
The EDA is asked to hold a public hearing to consider comment on the disposition of EDA property
and on the proposed business subsidies for the project.
Following the public hearing, the EDA is asked to consider approval of the following actions regarding
the Sportech, Inc. expansion project:
1) Resolution Authorizing the Sale of Land
2) Resolution Authorizing Execution of Abatement Agreements
3) $100,000 Micro Loan as recommended by EDA Finance Committee
Background/Discussion
Sale of EDA Property
Attached for your review is the purchase agreement that has been prepared by the EDA's attorney at
Briggs & Morgan, and since executed by Envision Company, LLC.
In summary, the purchase agreement allows for the 929-acte lot to be sold upfront to Envision Company,
LLC for the purchase ptice of$1.00, conditioned upon approval from the City of Elk River and
Sherburne County to reimbmse the land at market value in the amount of $809,345 at 6% interest through
tax abatement revenues generated for up to 10-years as a result of the project. The City Council is
scheduled to hold a public hearing and consider approval of the tax abatement at its April 21, 2008
meeting. Sherburne County will schedule its public hearing and consider approval late April/early May.
In addition, the purchase agreement includes the statutory provisions for the sale of EDA property_ MN
Statutes requires the EDA to provide notice and hold a public hearing prior to the sale of property, review
building plans and specs, and a reversion clause if the project is not completed as agreed.
Financial Impact
Development costs for the Northstar Business Park have been paid off by previous lot sales and the
$400,000 MN Employment & Economic Development Public Infrastructure Gtant, to afford the EDA
the ability to provide the 9.29-acre lot in the form of up front assistance for this unique project.
S:\Industrial Siting\Sportech Expansion II\Memos\4.1408 EDA Action Requested doc
In accordance with the City's Tax Abatement Policy, Ehlers and Associates, Inc. have completed a but-
for analysis and flllancial projection for the tax abatement to conclude that at an estimated market value
of $4,800,000 the project will generate sufficient tax abatement revenue to repay the EDA within the 10-
year term at a modest interest rate. It should be noted that there is no minimum assessment agreement
that establishes a minimum market value to guar'antee repayment in the 10-year term.
Staff has evaluated the company's application based on the attached Tax Abatement and Business Subsidy
Policies and the Tax Abatement Application Review Worksheet, which indicates that the project scored 36
out of 45 possible points, which equates to a "moderately desirable" project based on the City's project
priorities.
Proposed Business Subsidies
The expansion project, estimated at a cost of $6,359,000, will involve flllance participation from the
company's lendcr, equity participation, and the following public financing applications:
* City of Elk River Tax Abatement ~and purchase) $ 404,672
* Sherburne County Tax Abatement (land purchase) $ 404,672
* EDA Micro Loan (equipment) $ 100,000
* MN Investment Fund Loan (equipment) $ 500.000
Total $1,409,345
The Business Subsidy Agreement establishes the following job and wage goals to be met within 2-years as
a result of the assistance:
. Retention of 66 full-time jobs
. Creation of 25 full-time jobs at hourly wages not less than $12.00
The City's Business Subsidy Policy requires the minimum wage for new or retained jobs at $15.00 per
hour. Deviations are allowed to be considered for projects that result in a significant tax base increase.
Therefore it should be noted that 19 of the 25 new positions are proposed at wages below the City's
Business Subsidy Policy, but are also at a market rate wage for the types of positions.
Industrial Incentive Micro Loan
The attached staff report to the EDA Finance Committee re: Sportech, Inc. Micro Loan application
provides background about the $100,000 Micro Loan request to assist in flllancing a portion of the
company's new equipment needs" At its meeting on April 7, 2008 the EDA Finance Committee
approved a motion to recommend approval of the Micro Loan request at the terms outlined below:
* Loan Amount: $100,000
* Interest Rate: fixed, 2 points below prime
* Term: 10-year amortization; 5-year balloon
* Security: 1 st position lien on related equipment purchase
Attachments
. EDA Resolution Authorizing the Sale of Land
. EDA Resolution Authorizing Execution of Abatement Agr'eements
. DRAFT Tax Abatemcnt Agreement
. Purchase Agreement
. Preliminary Building Plans
S:\Industrial Siting\Sportech Expansion Il\Memos\4.1408 EDA Action Requested doc
. Tax Abatement Application Review Worksheet
. Sportech, Inc.. Projected Job Creation, dated March 13,2008
. Staff Repo1t to EDA Finance Committee re: Sportech, Inc.. Application, April S, 200S
Action
Motion by _
Second by _
Vote
Follow Up
S:\Industrial Siting\Sportech Expansion II\Memos\41408 EDA Action Requested doc
TAX ABATEMENT AGREEMENT
BY AND BETWEEN
CITY OF ELK RIVER, MINNESOTA
AND
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF ELK RIVER, MINNESOTA
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T ABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ............ ..... ............................. ......... .................... ................. ..... 1
Section 1.1 Definitions............................................................................................ 1
ARTICLE II ACKNOWLEDGEMENTS, REPRESENTATIONS AND
WARRANTIES ............................................................................................... 3
Section 2.1 Acknowledgments, Representations and Warranties of the City......... 3
Section 2.2 Acknowledgments, Representations and Warranties of the
EDA............................................................. ..............................3
ARTICLE III UNDERTAKINGS BY EDA AND CITy...................................................... 4
Section 3.1 Sale of Tax Abatement Property....... ..................................... 4
Section 3.2 Limitations on Undertaking of the .................................. 4
Section 3.3 Duration of Abatement Program.~.....;................ ........................ 4
ARTICLE IV EVENTS OF DEFAULT .............. ...;............................... .. ........... 5
Section 4.1 Events of Default Defined........................................ ........... 5
Section 4.2 Remedies on Default....... ...................... ............... 5
Section 4.3 No Remedy Exclusive......... .............................................. 5
Section 4.4 No Implied Waiver ................... .............................................. 5
ARTICLE V ADDITIONAL PROVISIONS ................. ............................................ 6
Section 5.1 Conflicts of ............ ..................................6
Section 5.2 Titles of Articles and ................ ............................................ 6
Section 5.3 Notices and Demands.. .......................................6
Section 5.4 <:::9ll11terparts ........... ........ ................................................ 6
Section 5.5 Law Governing .................................................................................... 6
Section 5.6 Duration..................... .......................................................................... 7
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TAX ABATEMENT AGREEMENT
THIS AGREEMENT, made as of the _ day of May, 2008, by and between the City of
Elk River, Minnesota (the "City"), a municipal corporation and political subdivision of the State
of Minnesota, and the Economic Development Authority of the City of Elk River (the "EDA").
WITNESSETH:
WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the
City has established a Tax Abatement Program; and
WHEREAS, Envison Company, LLC, a Minnesota limited liability company (the
"Developer") desires to purchase certain real propertyidentifie:d as Lot 4, Block 1,
NORTHSTAR BUSINESS PARK, Sherburne County, Minnesota, ParcelIdentification No. 75-
757-0120 (the "Tax Abatement Property") on whiGl:TtheDeveloper or8portech, Inc. will
construct an approximately 80,000 square foot light industrial facility locatediat 17464 Tyler
Street NW, Sherburne County, Elk River, Minnesota~the "Proje~t").
WHEREAS, the EDA and the Developer have entered into a Purchase Agreement
providing for the EDA's conveyance of the Tax Abatement Property to the Developer for the
purpose of constructing the Project (the "Pur~l1ase Agreement").
WHEREAS, the Purchase Agreem~ntprovides that the :EDA will convey the Tax
Abatement Property to the Developer at less than fair market vahie and the EDA has requested
that the City and Sherburne..c:.()unty, Minnesot.a (the "County") reimburse the EDA for the
amount of the discountilltheptice of the Tax Abatement Property with tax abatements in
accordance with Minnesota Statutes. Sections 469.1812 through 469.1815.
WHEREAS, the City believ.esthat the dev~lbpment and construction of the Project, and
fulfillment of.thisAgreemelltl:!re vital. andil:!rein the best interests of the City, will result in
preservationalldellhancementbfthe tax base, provide employment opportunities and are in
accordl:!nce with the public purpose:i.md provisions of the applicable state and local laws and
requirelI1~nts under whicht1:l~Projecthasbeen undertaken and is being assisted; and
NOW,. THEREFORE,jn consideration of the premises and the mutual obligations of the
parties hereto,eaeh 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;
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Business Dav 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;
City means the City of Elk River, Minnesota;
County means Sherburne County, Minnesota;
Developer means Envison Company, LLC, a Minnesota limited liability company;
EDA means the Economic Development Authority of the CityerElk River, Minnesota;
Event of Default means any of the events described in
l'
,
Proiect means the construction of an approximat~ly 80,000 squaf~ foot light industrial
facility to be constructed by the Developer or Sporte9:l1;Irie. at 17464 T)iler Street NW in the
City;
State means the State of Minnesota;
Tax Abatement Act means Minnesota Statutes,
469.1812 through 469.1815;
Tax Abatement Program means t:l1~;ictions by the Cit)ipursuant to Minnesota Statutes,
Section 469.1812 through 469.1815, as amended, and.undertaken insiipport of the Project;
Tax Abatement Property means alllmda.riypoglgll of the real property currently
identified as Parcel Identifj~;itiQ!'lNo. 75-757-0120, located itilhe City;
Tax Abatemerits.means 100% of the City's share of real estate taxes on the Tax
Abatement Property abate<i.~l1 accc)rdance with the Tax Abatement Program.
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ARTICLE II
ACKNOWLEDGEMENTS, REPRESENTATIONS AND WARRANTIES
Section 2.1 Acknowledgments, Representations and Warranties of the City. The City
makes the following representations and warranties:
(1) The City is a municipal corporation and a political subciivision 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,
with the terms of the Tax Abatement Act.
approved in accordance
(3) The City has made the findings required by the Tax Abatel11en,1 Act for the Tax
Abatement Program.
(4) The City acknowledges and understands that the EDA is s~lling the Tax
Abatement Property to Sportech, Inc. at a price less thanfairmarket value. The City intends to
reimburse the EDA for a portion of the amount of the discoul1tin the price of the Tax Abatement
Property from the Tax Abatements as herein.
Section 2.2 Acknowledgments, Representa.tions and Warranties of the EDA. The EDA
makes the following representations and warf~nties:
(l) The EDAisa.Illlblic body corporate and politic and has the power to enter into
this Agreement and out itso'Pligations hereunder.
(2)
Developer.
The EDAbasdulyiautborized the sale of the Tax Abatement Property to the
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ARTICLE III
UNDERTAKINGS BY EDA AND CITY
Section 3.1 Sale of Tax Abatement Property. The City shall reimburse the EDA for a
portion of the cost of the Tax Abatement Property in an amount not to exceed $460,000 (the
"Reimbursement Amount") pursuant to the Abatement Program as provided in Section 3.3.
Section 3.2 Limitations on Undertaking of the Citv. Notwitl.lstanding the provisions of
Section 3.1, the City shall have no obligation to reimburse the ED.A..~or the Project costs incurred
by the ED A, in any amount, 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 therei'n..as a result of an Event
of Default which has not been cured.
Section 3.3 Duration of Abatement Program. The Tax Abatement PrQgram shall exist
for a period of up to twelve years beginning with real estate taxes payablein 2010 and
continuing through 2021. On or before February 1 and August 1 of each year commencing
August 1,2010 until the earlier ofthe date that the EDA shaH have received the Reimbursement
Amount or February 1, 2022 the City shaH pay the EDA 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 atartearli~rdate in accordance with Section 4.2.
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ARTICLE IV
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 EDA to cause the sale of the Tax Aoa.tement Property to be
completed pursuant to the terms, conditions and limitations of the. Pu.rchase Agreement.
(2) Failure by the EDA to observe or perfort11. any either covenant, condition,
obligation or agreement on its part to be observed or perfQEEedunder this~greement.
Section 4.2 Remedies on Default. Whenevera.ny Event of Default referred to in Section
4.1 occurs and is continuing, the City, as specified below, may only take any ori€iQrmore of the
following actions after the giving of thirty (30) days' written notice to the E~A citing with
specificity the item or items of default and notifying theEDA that it has thirty (30) days within
which to cure said Event of Default. The following remedies<l.fe the City's sole and exclusive
remedies for an uncured default by the EDA under this Agree~~J:'lt. If the Event of Default has
not been cured within said thirty (30) days:
(a) The City may suspend its peffoml;ilnc~under this Agreement until it
receives assurances..<from the ED A, deemed adequate"i.Jy the City, that the EDA will cure
its default and cQutiriue its performance under this Agreement.
(b) Th~City may cancel and rescind this Agreement and recover from the
EDA amounts paidtOthe ED:A1IJ:'lder Sectiori 3.8 plus Interest as defined in 3.7(2).
Section 4.3 No Remedy Exclusive. NO remedy herein conferred upon or reserved to the
City is intended to beex.~ltlsive of any other availa~le remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreemerittif now or hereaft€ir 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
limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
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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~he EDA or successor or on
any obligations under the terms of this Agreement.
Section 5.2 Titles of Articles and Sections. Any titles of the$~'\{eral parts, articles and
sections of this Agreement are inserted for conveni~-n.c;~ of reference only and shall be
disregarded in construing or interpreting any of its pro:y-isions.
Section 5.3 Notices and Demands. Excep~~s othef\Vise expressly pl"Qyided in this
Agreement, a notice, demand or other communicationU11.tler this Agreement by Cl,riy party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested,..gr delivered personally, and
(1) in the case of the EDA is addressed to or delivered personally to:
Economic Development Authority
the City of Elk River
City Hall
13065 Orono Parkwa.y
Elk River,MN 55330-5600
(2)
in the case
or delivered personally to the City at:
City of Elk River,
Elk River City Hall
13065 Orono Parkway
River, MN 55330-5600
Attn: 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 EDA receives the Reimbursement Amount or February 1, 2022, unless earlier
terminated or rescinded in accordance with its terms.
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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 EDA has caused this Agreement to be duly executed in its name
and on its behalf, on or as of the date first above written.
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF ELK
RIVER, MINNESOTA
By
Its
This is a signature page to the Tax Abatement Agreement by and between the City of Elk River,
Minnesota and the Economic Development Authority of the City of Elk River, Minnesota.
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CITY OF ELK RIVER, MINNESOTA
By
Its Mayor
By
Its Administrator
This is a signature page to the Tax Abatement Agreement by and between the City of Elk River,
Minnesota and the Economic Development Authority of the City ofElk River, Minnesota.
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