5. EDSR 08/13/2007Item # 5
of
.ver
MEMORANDUM
TO: Economic Development Authority
CC: Tim Simon, Finance Director
FROM: Heidi Steinmetz, Assistant Director of Economic Development ~ ~J
DATE: August 13, 2007
SUBJECT: Consider Micro Loan Extension Request: Badger Ventures,
LLC
Attachments
• Staff report to Finance Committee dated July 25, 2007
• Draft Finance Committee Minutes dated July 25, 2007
• City of Elk River Micro Loan Fund Policy (last amended in November 2006)
Issue
On July 25`", the Finance Committee reviewed a Micro Loan extension request from Eric
Haehn of Badger Ventures, LLC. See the attached staff report to the Finance Committee.
The Committee recommends, as detailed in the attached draft July 25`" minutes, that the
EDA consider approval of extending the May 2005 loan to Apri12010. The request meets
the requirements of the attached Micro Loan Policy.
Action Requested
Staff requests that the EDA consider approval of the Micro Loan extension request to
Badger Ventures, LLC per the recommendation of the Finance Committee with the
following terms:
Rate 6.25% fixed
Term Until A ril 1010
Security Personal Guarantee & 2"`~
osition on the real estate
Structure Participation loan with The
Bank of Elk River
ver
MEMORANDUM
TO: EDA Finance Committee
CC: Tim Simon, Finance Director
Lori Stich, Accountant
FROM: Heidi Steinmetz, Assistant Director of Economic Development
DATE: January 25, 2007
SUBJECT: Consider Micro Loan Extension Request: Badger Ventures, LLC
(Gradient Technology)
Attachments
Letter from Eric Haehn of Gradient Technology dated July 18, 2007
Letter from Tom McNair of The Bank of Elk River dated July 5, 2007
City of Elk River Micro Loan Fund Policy
Background
The EDA granted a Micro Loan to Badger Ventures in May 2005, which matured on July 10,
2007. Typically Micro Loan terms last for five years, however the May 2005 loan was meant
to match the company's financing with The Bank of Elk River.
Issue
Staff has received the attached Micro Loan extension request letter from Eric Haehn, Vice
President and CFO of Gradient Technology (Badger Ventures, LLC). The request is to
extend the May 2005 loan to April 2010, which will again match the company's financing with
The Bank of Elk River. See the attached letter from Tom McNair of The Bank of Elk River
for more details.
Mr. Haehn will attend the Finance Committee meeting to answer any questions. In addition,
Finance Committee member Tom McNair may answer questions but will not vote on the
Finance Committee's recommendation to the EDA.
Staff Recommendation
Staff recommends that the Finance Committee consider a recommendation that the EDA
approve the Micro Loan extension request to Badger Ventures, LLC with the following terms:
Consider Micro Loan F,xtension Request:: Badger Ventures, LLC
)uly 25 2007, LDA P'inancc Committee Meeting
Page 2 of 2
RATE 6.25% FIXED (PRIME
MINUS 2% PER MICRO
LOAN POLIC
TERM UNTIL APRIL 2010
SECURITY PERSONAL GUARANTEE
STRUCTURE PARTICIPATION LOAN
WITH THE BANK OF ELK
RIVER
Next Step
The Finance Committee's recommendation will be brought to the EDA for final action at its
August 13, 2007 Regular Meeting at 5:30 p.m.
MEETING OF THE EDA FINANCE COMMITTEE
HELD AT THE ELK RIVER CITY HALL
WEDNESDAY, JULY 25, 2007
Members Present: Chris Carlson, Paul Motin, Dave Rymanowski, Dan Tveite, Tom McNair and Larry
Toth (HRA Representative)
Members Absent: Cliff Lundberg
Staff Present: Director of Economic Development Catherine Mehelich and Assistant Director of
Economic Development Heidi Steinmetz
Introductions/Accept_ anuary 25, 2007 EDA Finance Committee Minutes
Ms. Mehelich introduced new Finance Committee member, Larry Toth. Since the Micro Loan
policy was amended in November 2006 to include a new program for downtown businesses, Mr.
Toth will act as a representative of the HRA.
Regarding the January 25, 2007 draft Finance Committee minutes, Member Dave Rymanowski
inquired if the State Statute regarding the privacy of financial statements was clarified. Ms.
Mehelich stated yes, that the Statute identifies that busuiess plans and specified financial statements
are private or non-public data. Upon xhat clarification, the January 25 Finance Committee Minutes
were accepted.
2. Consider Micro Loan Extension Reduest: Badger Ventures, LLC
Ms. Mehelich introduced Eric Haehn of Gradient 'I"cchnology (Badger Ventures, LLC) indicating
that Mr. Haehn is available to answer any questions from the Committee.
Ms. Mehelich summarized 1~1r. Haehn's request, .which would extend the May 20051oan to April
2010. The five year term is typical for EDA Micro Loan terms.
Mr. Haehn gave a brief sumtnar-t~ on the status of the company and future opportunities.
Comtittee member Day-e Rymanowski inquired if the Finance Committee and EDA should have
underwriting requirements for Micro Loan extensions. Member Paul Motion responded that it
should depend on whether or not the applicant is up-to-date on payments. Member Tom McNair
reported that the company's financials are positive and payments have been current.
MOVED BY DAN TVEITE AND SECONDED BY PAUL MOTIN, THE FINANCE
COMMITTEE RECOMMENDS THAT THE EDA CONSIDER APPROVING THE
LOAN EXTENSION FOR BADGER VENTURES, LLC WITH THE FOLLOWING
TERMS:
RATE 6.25% FIXED
TERM UNTIL APRIL 2010
SECURITY PERSONAL GUARANTEE
STRUCTURE PARTICIPATION LOAN
WITH THE BANK OF ELK
RIVER
EDA Finance Committee Minutes Page 2
July 25, 2007
THE MOTION CARRIED 5-0. TOM MCNAIR ABSTAINED.
4. Micro Loan Portfolio Report
Ms. Mehelich provided a status report on the existing eight loans and the cash balance in the fund
of $897,842.06. The Committee discussed ideas for marketing the program with a focus on
industrial manufacturing innovation and new equipment. A direct mail and follow up campaign to
local manufacturers and bankers was suggested, along with a feature story in the Chamber
newsletter.
5. Closing
The EDA Finance Committee meeting ended at 7:50 a.m.
Respectfully submitted by,
Heidi Steinmetz
Assistant Director of Economic Development
ELK RIVER ECONOMIC DEVELOPMENT
MICRO LOAN FUND POLICY & GUIDELINES
I. PURPOSE
The Economic Development Authority for the City of Elk River (EDA) recognizes
the need to stimulate private sector investment into manufacturing facilities and
equipment in order to create new jobs, boost productivity and retain existing jobs for
local residents. Additionally, the need exists to encourage investment in the
expansion and/or rehabilitation of commercial and retail buildings in order to
maintain the economic viability of Elk River's Downtown District . Subsequently,
the purpose of this program is to provide low interest, long-term (i.e. greater than
one year) loans as incentives for industrial development within the City of Elk River
and to encourage commercial and retail business owners in the Downtown District
to rehabilitate their existing buildings.
II. LOAN PROGRAMS
In order to meet the economic and community development objectives of the EDA,
two distinct loan programs exist within the Micro Loan Fund to promote business
growth in Elk River.
Industrial Incentive Program
Purpose: The purpose of the Industrial Incentive Program is to encourage
industrial and high technology business development that supports
the tax base and brings quality jobs to the city.
Amount: Up to $100,000 of secondary financing not to exceed 20% of the
project cost.
Equity: Must have private-sector commitments for 50% of the project cost.
Borrower must provide 10% or more of project financing.
Rate: Fixed; 2 points below the lowest prime rate published in
the Wall Street Journal the day the loan is closed, or 3%, whichever is
greater.
Term: Financing with a balloon payment in 5-years. The balloon payment
must not be longer than the balloon payment of the participating
bank. Loans may be amortized up to the following limits:
20-years on real estate uses;
10-years on equipment uses.
Extension: In the event that the Borrower is unable to obtain conventional
financing to replace the Micro Loan at the end of five years, the loan
may be extended up to two additional years at a market rate of
interest.
Micro Loan Fund Policy & Guidelines Page 2 of 14
Amended November 2006
Criteria: 1. Borrower must be an industrial or high technology firm and create
one new full-time job for each $20,000 loaned within 2 years. Said jobs
must pay a minimum wage of $10.00 per hour excluding benefits
required by law. Loans in excess of $75,000 shall meet the attached
City of Elk River Business Subsidy Policy for the creation of new jobs
at a minimum wage of $15.00 per hour excluding benefits required by
law, as well as a 5-year location requirement.
In the case where the multiple sources of public financing are requested
(e.g. Micro Loan and Tax Increment Financing) job creation goals shall
not be double-counted.
2. Borrower must comply with the provisions of the city's Industrial
and Business Park zoning ordinances as applicable.
Downtown Rehabilitation Financing Program
Purpose: The Downtown Rehabilitation Financing Program is available to
business and property owners in the Downtown District (DD) for the
rehabilitation and restoration of their buildings.
Amount: Up to $75,000 of secondary financing (not to exceed 40% of the
project cost.
Equity: Must have private-sector commitments for 50% of the project cost.
Borrower must provide 10% or more of project financing.
Rate: Fixed at 2%.
Term: Financing with a balloon payment in up to 5-years. Loans may be
amortized up to the following limits:
20-years on real estate uses;
10-years on equipment uses.
Extension: In the event that the Borrower is unable to obtain conventional
financing to replace the Micro Loan at the end of five years, the loan
may be extended up to two additional years at a market rate of
interest.
Criteria: 1. At a minimum, 20% of Micro Loan dollars must be used for the
improvement of the building facades.
2. Rehabilitation loans in the Downtown District are exempt from
job creation and wage goals since the loan amount does not exceed
$75,000 and does not qualify as a business subsidy by state law.
3. Borrower must be located in the Downtown District (DD)
(see attached map).
Micro Loan Fund Policy & Guidelines Page 3 of 14
Amended November 2006
Downtown Business Revitalization Loan Program
Purpose: The Downtown Business Revitalization Loan Program is available to
existing downtown business owners in the Downtown District (DD) as
a short-term, low interest operating loan that could be used toward
working capital, cash flow, business sustainability and capital
expenditures.
Amount: Up to $25,000.
Rate: 3%.
Term: 2-years.
Criteria: 1. Personal guarantee of the Borrower will be required.
2. Personal financial statements of the Borrower will be required.
3. Applications to be accepted until December 31, 2007.
4. In addition to the permitted fund uses listed in Section II(1) of the
Micro Loan Fund Policy, the Permitted Fund Uses for this specific
program includes working capital, refinancing of existing debt, and
inventory.
5. Borrower must be an established downtown business owner
located in the Downtown District (DD) as of April 10, 2006.
III. USES
1. Permitted Fund Uses:
a. Building construction
b. Land acquisition
c. Machinery
d. Furniture, fixtures, and equipment (FF&E)
e. Renovation and modernization of buildings
£ Exterior renovation of retail, commercial and industrial buildings
g. Public infrastructure needed for economic development expansions
h. Investment real estate with a minimum of 50% of the space pre-leased
2. Ineligible Fund Uses:
a. Expenditures for the construction and/or renovation of residential units
b. Working capital
c. Refinancing of existing debt
d. Inventory
Micro Loan Fund Policy & Guidelines Page 4 of 14
Amended November 2006
IV. BUSINESSES ELIGIBILITY
Any project meeting the above criteria, and located or proposed to be located within
the city limits of Elk River as defined by this program, may be eligible for an
Economic Development Micro Loan as further defined herein:
~ Business must be afor-profit corporation, partnership, or sole
proprietorship.
• Business must be a small business as defined by the Small Business
Administration (SBA).
• Business must have a positive net worth.
• Religious, political, and pornographic enterprises are not eligible to use
the Economic Development Micro Loan Fund.
V. MICRO LOAN FUND TERMS & CONDITIONS
1. Loan Structure
All Economic Development Micro Loans will be structured as participation loans and
will be serviced by the project's primary lending institution. Such an arrangement
allows for the central distribution and collection of funds and simplifies the financing
process for all parties involved. A participation agreement will be signed by the
borrower, primary lender and the EDA. The agreement will include the following
provisions, among others:
If Borrower does not meet the job and wage goals specified in the Subsidy
Agreement, the interest rate will change to 2 points above the participating
bank's rate, effective from the two year anniversary of the loan closing.
Upon subsequent achievement of the jobs and wage goals, the interest rate
will revert back to the rate when the loan was originated, effective from the
date of attainment of the job and wage goals.
• If Borrower defaults on the loan, the EDA will collect all further payments
during the default based on a pro-rata basis with the participating bank
excluding the distribution of proceeds resulting from the foreclosure on
collateral.
The EDA may require additional agreements to be signed by the borrower (i.e.
security agreement, personal guarantees, subsidy agreement).
2. Simultaneous Micro Loans
The simultaneous use of different Micro Loan Fund Programs by any one borrower
or for any one project is prohibited.
3. Call of Loan
A loan shall become due and payable in full if a business relocates outside of the city
of Elk River prior to the maturity date of the loan.
4. Late Payment Charge
Micro Loan Fund Policy & Guidelines Page 5 of 14
Amended November 2006
A late payment charge of 8% of the installment amount maybe enforced.
VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS
All buildings which public funds will be used for construction or renovation are to
be brought into conformance with city ordinances and state building codes. Repairs
may include the following systems and portions of real property:
a. Mechanical heating, plumbing, and electrical
b. Structural; including the facade of the structure and energy related
unprovements.
c. Hook-up to city services (i.e. water, sewer)
d. ADA (Americans with Disabilities Act) improvements
VII. LOAN SECURITY AND GUARANTEES
Applicant must be able to secure the loan by providing the EDA with a minimum of
a subordinate mortgage upon the building and/or assets or other approved collateral.
Applicant must demonstrate the financial means to repay the loans, as determined by
the Economic Development Authority.
Whenever possible, personal guarantees will be made part of any loan agreement.
VIII. TIMING OF PROJECT EXPENSES
No project should commence until the Elk River Economic Development Authority
has approved the loan application. Any costs incurred prior to the approval of the
loan application are generally not eligible expenditures.
No building construction should commence until the required City permits are
secured.
The applicant will be responsible for all legal, recording, and other fees required for
protection of a security interest in the loan, payable by anon-refundable 1
processing fee, which is paid at the time of application.
IX. PROCEDURAL GUIDELINES FOR APPLICATION AND APPROVAL
1. All applicants shall first contact a primary lending institution to determine if
additional equity is needed, and if so, how much.
2. The applicant and the primary lender shall then meet with City Staff to obtain
information about the Micro Loan program, discuss the project, and obtain
application forms.
The applicant shall complete and submit an application form to the City, along
with a processing fee of 1 % of the loan request. (The fee is used to cover
processing expenses and will be returned only if application is denied.) The
applicant must provide evidence of their ability to meet the equity requirements
or provide a letter of commitment for conventional financing from the primary
lending institution.
Micro Loan Fund Policy & Guidelines Page 6 of 14
Amended November 2006
4. The application will be reviewed by the City staff to determine if it conforms to
all City policies and ordinances and to consider the following:
a. The availability and applicability of other governmental grants and/or
loan programs.
b. Whether the proposed project will result in conformance with building
and zoning codes.
c. Whether it is desirous and in the best interests of the public to provide
funding for the project.
5. The EDA Finance Committee and EDA Commissioners will review each
application in terms of its consistency with the goals of the City's
Comprehensive Plan and Economic Development Strategic Plan and in relation
to the project's overall impact on the community's economy. Rehabilitation
Loan applications will also be reviewed by an HRA member in conjunction with
the EDA Finance Committee.
They will also evaluate the project application in terms of the following:
a. Project Design -Evaluation of project design will include
review of proposed activities, time lines and a capacity to implement.
b. Financial Feasibility -Availability of funds, private involvement, financial
packaging and cost effectiveness.
• Appropriate ratio of private funds to Micro Loan funds.
• Sufficient cash flow to cover proposed debt service as
demonstrated by financial statements and projections.
• Business must show a positive net worth.
• Letter of Commitment from applicant pledging to complete the
project during proposed project duration, if the loan application
is approved.
• Letter of Commitment from other financing sources stating
terms and conditions of their participation in the project if
applicable.
• Sufficient collateral.
c. All other information as required in the application and/or additional
information as may be requested by the Economic Development
Authority.
d. Project compliance with all city codes and policies.
Micro Loan Fund Policy & Guidelines Page 7 of 14
Amended November 2006
e. Program Objectives - In addition to quality job and wage
creation/retention requirements, the applicant must meet all Micro Loan
Fund criteria and demonstrate how the proposed activities will meet at
least one of the following objectives:
• The project contributes to the fulfillment of the city's approved
and adopted economic development and/or redevelopment
plans.
• The project prevents or eliminates slums and blight.
• The project increases the local tax base.
• The project brings a structure into compliance with an existing
building code violation.
A written request for an extension shall be accompanied by a copy of current
financial statements and a $500 upfront processing fee. The processing fee is
used to cover processing expenses and will be returned if request is denied. The
application for an extension beyond the original term should include a letter of
denial from a conventional lender. Refinancing will not be allowed solely for the
purpose of reducing the interest rate due to lower market interest rates.
7. The EDA Finance Committee will recommend the approval, denial, or request a
resubmission. A recommendation from the Finance Committee will be
forwarded to the EDA for final action.
X. LOAN POLICY REVIEW
The above criteria will be reviewed on an annual basis to ensure that the policies
reflected in this document are consistent with the economic development goals set
forth by the Ciry.
XI. RIGHT OF REFUSAL
The Elk River Economic Development Authority may deny any project which it
deems inappropriate according to the guidelines established in this document.
XII. COMPLIANCE WITH MN BUSINESS SUBSIDY LAW
Each company receiving assistance in excess of $75,000 from the EDA Micro Loan
Fund shall be subject to the provisions and requirements set forth by Minnesota
State Statute 116J.993 and the attached City of Elk River Business Subsidy Policy.
Micro Loan Fund Policy & Guidelines Page 8 of 14
Amended November 2006