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6.0 EDSR 01-12-2009City of Elk. River REQUEST FOR ACTION To Item Number Economic Development Authority Agenda Section Meeting Date Prepared by January 12, 2009 Annie Deckert, Economic Development Assistant Item Description Reviewed by Consider EDA Micro Loan Extension Catherine Mehelich, Director of -Nicole's Finishing Touch Salon, Inc. Economic Development Reviewed by Action Requested The EDA is asked to consider the EDA Finance Committee's recommendation for approval of a I -year extension on the Nicole's Finishing Touch Salon, Inc. micro loan at a 3.0% interest rate with the following conditions: • a waiver of pending late fees • a Micro Loan Extension fee to be I % of the loan balance • fixed monthly payments to begin February 8, 2009 Background/Discussion The attached staff report to the EDA Finance Committee and December 19, 2008 committee meeting minutes provide background regarding the extension request. In addition, EDA Commissioners Motin and Tveite both serve on the EDA Finance Committee and may provide additional comments regarding the committee's review and recommendation. Financial Impact The EDA Micro Loan Fund has a current cash balance of approximately $748,953.28. The principal balance due on the Nicole's Finishing Touch Salon, Inc. micro loan is $ 15,702.68. Attachments • EDA Finance Committee Meeting Minutes dated December 19, 2008. • EDA Micro Loan Fund Policy and Guidelines Staff report to EDA Finance Committee re: Nicole's Finishing Touch Salon, Inc. Micro Loan Extension Request, December 19, 2008. Action Motion by Second by Vote Follow Up S:\EDA\Micro Loan Fund\LOANS\Nicole's Salon\1.12.09 EDA Action Requested.doc fiver MEMORANDUM TO: EDA Finance Committee FROM: Annie Deckert, Economic Development Ass tan DATE: December 19, 2008 SUBJECT: Consider Loan Extension Request -Nicole's Finishing Touch Salon, Inc. Attachments • Letter from Nicole Fox of Nicole's Finishing Touch Salon, Inc, dated November 13, 2008 and current financial statements • January 14, 2008 EDA/ City Council Memo for Nicole's Finishing Touch Salon, Inc. Micro Loan Application • January 14, 2008 EDA Minutes • Nicole's Finishing Touch Salon, Inc. -Current Amortization Schedule • Nicole's Finishing Touch Salon, Inc. -Proposed Extended Amortization Schedule as requested by applicant (3% interest) • Micro Loan Policy & Guidelines Requested Action The Finance Committee is asked to review and provide a recommendation to the EDA regarding the Micro Loan extension request from Nicole's Finishing Touch Salon, Inc for one additional year at the current 3% interest rate. Issue Ms. Nicole Fox, owner of Nicole's Finishing Touch Salon, Inc., has submitted a request and application for the EDA's consideration of a one year extension on its micro loan at a the current 3% interest rate. The principal balance due on the loan after 8 months (Feb-Oct) is $ 16,832.55. Ms. Fox submitted the attached current financial statements for the Finance Committee's consideration. Ms. Fox has been invited to attend the Finance Committee meeting to provide an update on the current status and future plans of the company. Following any questions and answers with the applicant, she will be excused during the Finance Committee's discussion and recommendation. The Finance Committee's recommendation will be considered for final action by the EDA at its January 12, 2008 regular meeting. Consider Micro Loan Extension Request -Nicole's Finishing Touch Salon, Inc. December 18, 2008 EDA Finance Committee Page 2 of 2 Background In January 2008, the EDA awarded a $25,000 Micro Loan at 3% interest to Nicole's Finishing Touch Salon, Inc. under the Downtown Business Revitalization Program. Ms. Fox indicated the loan would be used to increase advertising and other promotional activities to assist overcome negative impacts of their delay in relocating their business from Otsego to the Bluffs during the construction. The original terms of the loan were as follows: Term: 2 years Rate: 3 % fixed Structure: Direct Loan with the Elk River Economic Development Authority Security: Personal guaranty Issues for Discussion • Monthly repayment on the loan has been slow and November & December's payment is outstanding • The Micro Loan policy states that 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; the applicant is asking for a one year extension at a 3% interest rate and has been paying on the loan for 8 months Attached is a copy of the loan payment history. An automatic withdrawal may be an option to remedy the situation in the future. In addition, the Committee should take into consideration during its discussion the company's current financial condition, ability to repay the loan, and the EDA's security position. City of El: The Light Industrial Hub of the Northwest Metro Economic Development Micro Loan Fund Policy & Guidelines And Application Amended: November 2006 Amended: May 2006 Amended: June 2004 Adopted: September 1999 Ciry of Elk River Economic Development Division 13065 Orono Parkway Elk River, MN 55330 763.635.1040 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 fox 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. I1. 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: ].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 far~ades. 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 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 f. 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 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. Micro Loan Fund Policy & Guidelines Page 4 of 14 Amended November 2006 • 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 A late payment charge of 8% of the installment amount may be 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. Micro Loan Fund Policy & Guidelines Page 5 of 14 Amended November 2006 The applicant will be responsible fox all legal, recording, and other fees required fox 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. 3. 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. 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. 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. Micro Loan Fund Policy & Guidelines Page 6 of 14 Amended November 2006 • 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. 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. 6. 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. Micro Loan Fund Policy & Guidelines Page 7 of 14 Amended November 2006 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 City. 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