EDA Agenda 02-26-2020AGENDA
REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Wednesday, February 26th 2020 — 7:00 a.m.
Academy Room, Monticello Community Center
Commissioners: President Steve Johnson, Vice President Bill Tapper, Treasurer Jon
Morphew, Tracy Hinz, 011ie Koropchak-White and Councilmembers
Lloyd Hilgart and Jim Davidson
Staff. Executive Director Jim Thares, Jeff O'Neill, Angela Schumann, Sarah Rathlisberger and
Jacob Thunander
1. Call to Order
2. Roll Call
3. Consideration of additional agenda items
4. Consent Agenda
None
5. PUBLIC HEARING — LAND SALE (Continued) UMC Expansion Project — Proposed
sale of EDA property described as Lot 2, Block 1, Monticello Commerce Center, Sixth
Addition, Wright County, MN (7.39 -acres) [PID #155143001020] to UMC Real Estate,
LLC for the sole purpose of pursuing a 52,000 square foot expansion project
6. PUBLIC HEARING — BUSINESS SUBSIDY (Continued) UMC Expansion Project -
Proposed Tax Increment Financing (TIF) Land Value Write Down in the amount of
$731,000 for development property to UMC Real Estate, LLC for the sole purpose of
pursuing a 52,000 square foot expansion project.
7. Consideration of Resolution #2020-01 Approving the Establishment of Tax Increment
Financing District No. 1-41 and the TIF Plan for the District
8. Consideration of Resolution #2020-02 Approving the Purchase and Development
Contract between UMC Real Estate, LLC and City of Monticello Economic
Development Authority (EDA), the Land Sale by the EDA to UMC described therein,
and a Business Subsidy Agreement contained within the Purchase and Development
Contract.
9. Consideration of Resolution #2020-03 Approving an Interfund Loan, authorizing
expenditures of legally available EDA funds for costs related to TIF District No. 1-41 to
be reimbursed through tax increments from TIF District No. 1-41
10. Consideration of Resolution #2020-04 Approving an Interf ind Loan, authorizing
expenditures of up to the total balance of tax increments available from TIF District No.
1-6 to pay a portion of property acquisition costs in connection with TIF District No. 1-41
11. Consideration of Approving Industrial Land Absorption and Demand Study, Jim
Gromberg, WSB & Associates, Inc.
12. Consideration of Authorizing Hospitality Study Proposal and Entering into a
Professional Services Contract with Hospitality Consulting Group, Excelsior, MN in the
amount of $5,550
13. Adjourn
EDA Agenda: 02/26/20
5. PUBLIC HEARING — LAND SALE (Continued) Proposed sale of EDA property
described as Lot 2, Block 1, Monticello Commerce Center, Sixth Addition, Wright
County, MN (7.39 -acres) [PID #1551430010201 to UMC Real Estate, LLC for the sole
purpose of pursuing a 52,000 square foot expansion project (JT)
A. REFERENCE AND BACKGROUND:
This item is to ask the EDA to consider additional comments as part of the continued Land
Sale Public Hearing opened at the 2-12-20 EDA meeting regarding its proposed sale of a
7.39 -acre parcel, located along Chelsea Road, to UMC Real Estate, LLC for development of a
52,000 square foot light industrial facility, pursuant to Minnesota Statutes, Section 469.105.
As part of the public hearing, the EDA will determine if the proposed sale of the property is
advisable and comports with the goals and objectives for its Central Monticello
Redevelopment Project No. 1 and per the City's Comprehensive Plan.
In pursuing the expansion proposal, UMC requested the EDA to provide assistance in the
form of a land conveyance and write down in exchange for developing a new 52,000 square
foot facility and creating 43 new FTE jobs over the next 2 years. UMC also plans to add an
additional 17 FTE jobs at the new facility from 1-1-23 through 12-31-23. UMC identified a
vacant, development -ready site, adjacent to its existing 72,000 square facility, as the best
location for the proposed expansion project.
The EDA approved entering into a Purchase Agreement with Monticello Industrial Park, Inc.
(Shawn Weinand) at its November 13, 2019 meeting. The EDA's sole purpose of acquiring
the property is to then convey it to UMC for the proposed expansion project. The negotiated
price for the property is $1,031,000 with closing transaction to occur on or before April 1,
2020. Holding a Land Sale Public Hearing is a required step. Following the closing of the
Public Hearing, the EDA will consider a Purchase and Development Contract for the sale of
the property to UMC Real Estate, LLC.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110 to
125hours) preparing TIF Plan documents, various contracts and reports for review and
consideration by the EDA and City Council. Even though UMC's proposal is complicated,
and as such requires a higher level of staff time and review for the all documents and action
steps to be drafted, reviewed and scheduled, the current staff involved is sufficient to
complete the final review and approval steps.
A2. BUDGET IMPACT: The budgetary impact related to EDA consideration of opening
the Land Sale Public Hearing includes costs for the EDA legal counsel to draft the Public
Hearing Notice as well as the minimal cost to publish the Notice. The Hearing steps it should
be noted is just a small part of entire action list involved in the review and approval
considerations for the UMC assistance package. UMC has deposited $20,000 into an escrow
account with the City to cover consultant fees. If the expenses exceed this level, a request for
additional funding will be presented to them at the appropriate time.
1
EDA Agenda: 02/26/20
B. ALTERNATIVE ACTIONS:
1. Continue the Land Sale Public Hearing and accept comments. Then close the hearing for
consideration of item #8, "Approving Purchase and Development Contract with UMC
Real Estate, LLC," on the 2-26-20 EDA Meeting Agenda.
C. STAFF RECOMMENDATION:
There is no staff recommendation related to this item. Per State Statue, the EDA is required to
hold a public hearing allowing comments on its proposed sale of a 7.39 -acre development
parcel to UMC for its expansion proposal.
D. SUPPORTING DATA:
A. Combined Land Sale and Business Subsidy Public Hearing Notice
B. Aerial Photo — 7.39 -acre parcel located on Chelsea Road
2
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOIA )ss
COUNTY OF WRIGHT
Brandi Botts being duly sworn on an oath,
states or affirms that heshe, is the Publishers
Designated Agent of the newspaper(s) known
as:
Monticello Times
with the known office of issue being located
it) the county of:
WRIGHT
with additional circulation in the counties of.
SHERBURNE
and has full knowledge of the facts stated
below,
(A) The newspaper has compiled with all of
the requirements constituting qualirka-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 01130/2020 and the last
insertion being on 01/30/2020.
MORTUAGE FORECLOSURE N0110ES
Pursuant to Minmota Stat. X580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2), If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Subscribed and sworn to or affimed bet'orc
me on 01130/2020 by Hmndi Hatts,
Notary Pub ic
DARLENE MARIE MACPHERSON
N
Notsfy Public
M innelota
CM40 EOM JMjIllity 31,2�a24
Rate Information:
(1) Lowest classified rate paid by conm�ercial uscrs
for comparable space:
$18.50 per column inch
Ad ID 1016702
CITY OF MONTICELLO
ECONOMIC DEVELOPMENT
AUTHORITY
WRIGHT COUNTY,
MINNESOTA NOTICE OF
PUBLIC HEARING
NOTICE IS HFREBY GIVEN that
the Boafd of Commissioners of the
City Of Mcmficelo Economic Devel-
opment Authority (the "Authod')
will hold a public !tearing on I"-
ary 1:2, 202€1, tit approxinl0t6*615
PJA, at City Hall, W5 Wiallnut Sheet,
Monticello. Mirinelsota, togaidiing
two matters:
1. L40dQjdL The Authority will
conduct a pubic hearing to con-
ger the ptoposed sale of mrion
hind described as Lot 2, Block 1,
Monticello Commorm CerAer Sixth
Addition, Wright County, Minne-
sota Otte "Propertyl to UMC Real
Estate. LLC !the-Rwpienr) Pur-
suant to Knnesoka Statutes. Sec-
tion 4139. T 05, At the hearing, the
Authority will meet to determine it
the pr000sod sale of the Property
is advisable. If so. the Authority is
Pxpected to convey the Prop
, arty
to IN. Recipient in furilhorance of
the Authority's goats for its Central
MontiDello Rmlevelopmord Project
No. 1. A copy of nA documents re-
lating to the proposed sale of the
PrnpertV wiN be on file and available
for nsr-4,c:!ion at City I fall available
rN...ilar business hours.
2. Eh&[ness stJaJU the Au-
Owdy will consialer a proposed
busiriess si-nsidy to be granted
to the Recipient under Mimeso-
to StatulM Sections I 116J.993
through 1166.995. The proposed
subsidy consists of a *10 -down
of the Pm"rty's purciase price to
facilitate the development by the
Recipient of an expansion to its
emsting mamifactLoing facility.. Irv-
tormation about the proposed busi-
nessau4sidy. Including a summary
of the terms of the subsidy and a
copy of the draft business sub-
sidy agree"nt, are avilable for
inspeciton at City Hall during reg-
ular bus'ness. hours. Any resident
of or owner of taxable property in
no Cary My file a vmtten conplairvi
with the Aulhority if the Authority
tails 10 owply wit" i tete Business
S.Os(ly Act. No action may to
filed against the Autnofity for t"_
failure to cwnptv unless a wrhlen
carnplaini is fled.
All interested persors may ap-
pear at the heating and present
t. it ,news on 11)e matters to ne
corsidered orally or prior to the
mWing in wr*ng.
Dated-. January 30� 2020
BY ORII)ER OF THE BOARD OF
COMMISSIONERS OF THE CITY
OF MONTICELLO ECONOMIC DE-
VELOPMENT AUTHORITY
W Jim Thares,
Executive Director
Published in the
MontIcallo'l7imies
January 30, 2020
1016702
I fJ
(N,,Beacon Wright County, MN
Overview
Legend
Roads
— CSAHCL
— CTYCL
— MUNICL
— PRIVATECL
— TWPCL
Highways
Interstate
— State Hwy
US Hwy
City/Township Limits
❑ c
❑ t
❑� Parcels
Parcel ID 155143001020 Alternate ID n/a Owner Address MONTICELLO INDUSTRIAL PARK INC
Sec/Twp/Rng 13-121-025 Class 101 -AGRICULTURAL 4065CHELSEARDW
Property Address Acreage 7.39 MONTICELLO, MN 55362
District 1101 CITY OF MONTICELLO 882 H
Brief Tax Description Sect-13Twp-121 Range-025MONTI COMMERCE CENTER 6TH ADDN Lot -002 Block -0017.39 AC
(Note: Not to be used on legal documents)
Date created: 11/7/2019
Last Data Uploaded: 11/7/2019 4:02:24 AM
Developed by(j Schneider
GE OSPAT IAL
EDA Agenda: 02/26/20
6. PUBLIC HEARING — BUSINESS SUBSIDY Proposed Tax Increment Financing (TIF)
Land Value Write Down in the amount of $731,000 for development property to UMC
Real Estate, LLC for the sole purpose of pursuing a 52,000 square foot expansion
rp olect (JT)
A. REFERENCE AND BACKGROUND:
This item is to ask the EDA to consider additional comments as part of the continued
Business Subsidy Public Hearing opened at the 2-12-20 EDA meeting regarding a proposed
business subsidy to UMC Real Estate, LLC under Minnesota Statutes, Section 116J.993
through 116J.995. The proposed subsidy consists of TIF land value write down of the
property's purchase price in the amount of $731,000 to support UMC's expansion project.
The new development value is projected to generate sufficient increment to allow the EDA to
be reimbursed in the full amount of the land write down over a 9 -year period.
In pursuing the expansion proposal, UMC requested the EDA provide assistance in the form
of a land conveyance and write down in exchange for developing a new 52,000 square foot
facility and creating 43 new FTE jobs over the next 2 years. UMC also plans to add an
additional 17 FTE jobs at the new facility from 1-1-23 through 12-31-23. UMC identified a
vacant, development ready site, adjacent to its existing 72,000 square facility as the best
location for the proposed expansion project.
The Business Subsidy Public Hearing is required to be held before the EDA can consider
adopting a Resolution approving the Business Subsidy Agreement. The Business Subsidy
Agreement is included as a component in the Purchase and Development Contract.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110 to
125 hours) preparing TIF Plan documents, various contracts and reports for review and
consideration by the EDA and City Council. Even though UMC's proposal is complicated,
and as such requires a higher level of staff time and review for the all documents and action
steps to be drafted, reviewed and scheduled, the current staff involved is sufficient to
complete the final review and approval steps.
A2. BUDGET IMPACT: The budgetary impact related to EDA consideration of opening
the Business Subsidy Public Hearing includes costs for the EDA legal counsel to draft the
Public Hearing Notice as well as the minimal cost to publish the Notice. UMC has deposited
$20,000 into an escrow account with the City to cover consultant fees. If the expenses exceed
this level, a request for additional funding will be presented to them at the appropriate time.
B. ALTERNATIVE ACTIONS:
1. Continue the Business Subsidy Public Hearing and accept comments. Then close the
hearing for consideration of item #8" Approving Purchase and Development Contract
with UMC Real Estate, LLC" on the 2-26-20 EDA meeting agenda.
1
EDA Agenda: 02/26/20
C. STAFF RECOMMENDATION:
There is no staff recommendation for this item. The Business Subsidy Public Hearing is
required under state statute. Since the Business Subsidy Agreement is incorporated into the
Purchase and Development Contract, it will be considered by the EDA in item #8, on
the 2-26-20 EDA Meeting Agenda.
D. SUPPORTING DATA:
A. Combined Land Sale and Business Subsidy Public Hearing Notice
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOIA )ss
COUNTY OF WRIGHT
Brandi Botts being duly sworn on an oath,
states or affirms that heshe, is the Publishers
Designated Agent of the newspaper(s) known
as:
Monticello Times
with the known office of issue being located
it) the county of:
WRIGHT
with additional circulation in the counties of.
SHERBURNE
and has full knowledge of the facts stated
below,
(A) The newspaper has compiled with all of
the requirements constituting qualirka-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for I successive week(s); the first
insertion being on 01130/2020 and the last
insertion being on 01/30/2020.
MORTUAGE FORECLOSURE N0110ES
Pursuant to Minmota Stat. X580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2), If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the latter county.
Subscribed and sworn to or affimed bet'orc
me on 01130/2020 by Hmndi Hatts,
Notary Pub ic
DARLENE MARIE MACPHERSON
N
Notsfy Public
M innelota
CM40 EOM JMjIllity 31,2�a24
Rate Information:
(1) Lowest classified rate paid by conm�ercial uscrs
for comparable space:
$18.50 per column inch
Ad ID 1016702
CITY OF MONTICELLO
ECONOMIC DEVELOPMENT
AUTHORITY
WRIGHT COUNTY,
MINNESOTA NOTICE OF
PUBLIC HEARING
NOTICE IS HFREBY GIVEN that
the Boafd of Commissioners of the
City Of Mcmficelo Economic Devel-
opment Authority (the "Authod')
will hold a public !tearing on I"-
ary 1:2, 202€1, tit approxinl0t6*615
PJA, at City Hall, W5 Wiallnut Sheet,
Monticello. Mirinelsota, togaidiing
two matters:
1. L40dQjdL The Authority will
conduct a pubic hearing to con-
ger the ptoposed sale of mrion
hind described as Lot 2, Block 1,
Monticello Commorm CerAer Sixth
Addition, Wright County, Minne-
sota Otte "Propertyl to UMC Real
Estate. LLC !the-Rwpienr) Pur-
suant to Knnesoka Statutes. Sec-
tion 4139. T 05, At the hearing, the
Authority will meet to determine it
the pr000sod sale of the Property
is advisable. If so. the Authority is
Pxpected to convey the Prop
, arty
to IN. Recipient in furilhorance of
the Authority's goats for its Central
MontiDello Rmlevelopmord Project
No. 1. A copy of nA documents re-
lating to the proposed sale of the
PrnpertV wiN be on file and available
for nsr-4,c:!ion at City I fall available
rN...ilar business hours.
2. Eh&[ness stJaJU the Au-
Owdy will consialer a proposed
busiriess si-nsidy to be granted
to the Recipient under Mimeso-
to StatulM Sections I 116J.993
through 1166.995. The proposed
subsidy consists of a *10 -down
of the Pm"rty's purciase price to
facilitate the development by the
Recipient of an expansion to its
emsting mamifactLoing facility.. Irv-
tormation about the proposed busi-
nessau4sidy. Including a summary
of the terms of the subsidy and a
copy of the draft business sub-
sidy agree"nt, are avilable for
inspeciton at City Hall during reg-
ular bus'ness. hours. Any resident
of or owner of taxable property in
no Cary My file a vmtten conplairvi
with the Aulhority if the Authority
tails 10 owply wit" i tete Business
S.Os(ly Act. No action may to
filed against the Autnofity for t"_
failure to cwnptv unless a wrhlen
carnplaini is fled.
All interested persors may ap-
pear at the heating and present
t. it ,news on 11)e matters to ne
corsidered orally or prior to the
mWing in wr*ng.
Dated-. January 30� 2020
BY ORII)ER OF THE BOARD OF
COMMISSIONERS OF THE CITY
OF MONTICELLO ECONOMIC DE-
VELOPMENT AUTHORITY
W Jim Thares,
Executive Director
Published in the
MontIcallo'l7imies
January 30, 2020
1016702
EDA Agenda: 02/26/20
7. Consideration of Adopting Resolution #2020-01 Approving Establishment of Economic
Development TIF District #141 and the TIF Plan for the District (JT)
A. REFERENCE AND BACKGROUND:
The EDA is being asked to consider adopting Resolution #2020-01 approving the
establishment of a new Tax Increment Financing (TIF) District (#1-41) along with the TIF
Plan for the District. Economic Development TIF District #1-41 is being created to provide
assistance to UMC, Inc. in the form of a land write down to support its proposed 52,000
square foot expansion project. The EDA and UMC entered into a Letter of Intent (LOI) on
August 21, 2019 outlining a proposed plan of action wherein the EDA is to acquire a 7.39 -
acre parcel of land for $1,031,000 and then convey it to UMC for $300,000. The company
indicates that it will create 60 new FTE jobs with wages ranging from $22.00 to $28.00 per
hour, over the next three years, as part of the project. UMC estimates that the total cost of the
expansion project is approximately $10,831,000.
Per the TIF Plan, Tax Increment proceeds will be used to reimburse the EDA for its land
purchase costs. The land -write down amount of $731,000 is expected to be recovered by the
EDA over the 9 -year life of the new TIF District.
The City Council held the required Public Hearing on November 25, 2019 prior to adopting
Resolution #2019-70 creating TIF District #141 and approving the TIF Plan. The EDA is
also required to approve the TIF Plan through a resolution. Resolution #2020-01 is attached
to this report.
UMC's development expansion proposal is sizeable, involving new facility construction costs
and purchase of a significant amount of new production equipment. With this in mind, the
EDA also sought to utilize available MN -DEED programs to support the project.
Applications were submitted to MN -DEED for two programs, Minnesota Investment Fund
(MIF) and the Job Creation Fund (JCF). Both of the funding applications have been reviewed
and awarded by MN -DEED. A Sources and Uses table for the expansion project is shown
below:
Sources Amount
Bank $ 7,333,800
TIF - land write down 7.39 acres $ 731,000
EDA - Deferd 2nd R.E. Mortg. - land $ 300,000
MIF - Equipment $ 300,000
Owner Equity $ 2,166,200
Total $10,831,000
Uses Amount
Land Acquisition
$
1,031,000
Site Improvements
$
500,000
New Construction
$
6,000,000
Machinery & Equip.
$
3,300,000
Total
$10,831,000
The TIF assistance is a critical component of the overall financial assistance package for the
proposal. UMC has previously indicated that they will not proceed with the project
with -out TIF assistance for the land.
As the financing is structured, the TIF land write-down is an upfront benefit for UMC. The
1
EDA Agenda: 02/26/20
EDA will acquire the 7.39 -acre parcel and convey it to UMC, with the TIF District pay -go
serving to reimburse the EDA for its land acquisition costs. In addition, a deferred second
mortgage will be carried by (payable to) the EDA, allowing UMC to forgo upfront land
payments, in the amount of $300,000. Under the agreed to terms of the Development and
Purchase Contract, the mortgage payment is deferred until early 2021, after UMC completes
its new building and hires an initial group of employees.
The TIF Plan shows that the EDA will receive tax increment payments annually over the next
9 years or until the principal amount of $731,000, along with accrued interest, is received.
The combination of the deferred second mortgage and the increment collections will
allow the EDA to be fully reimbursed for the $1,031,000 land purchase costs.
Illustrations prepared by Northland Securities shows the annual increment flow based on
an estimated project completion property value of $5,200,000. Staff have provided
the building plans to the Wright County Assessor with a goal of getting a more accurate
estimate of the finished project valuation. Certification of TIF District #1-41 with the County
Auditor would occur in June 2020.
A basic financing analysis shows that the TIF land write-down of $731,000 is approximately
6.75 percent of the entire project cost. The total upfront public assistance, MIF and TIF
combined, amounts to 9.52 percent of the project costs. The Job Creation Fund (JCF)
assistance in the total amount of $175,000 will be in the form of a trailing, annual pay -for -
performance grant payable to the UMC over the next 5 years.
UMC has a construction start date goal of April 25, 2020. Completion of the new facility is
expected to occur in late -December 2020.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110-
125 hours) preparing initial TIF Plan documents and reports for review by the EDA and City
Council. Even though UMC's proposal is complicated, and as such requires a higher level of
staff time and review for the TIF Plan to be accurately assembled, the current staff involved is
sufficient to complete the final review and approval steps.
A2. BUDGET IMPACT: The budgetary impact related to EDA consideration of Resolution
#2020-01 establishing the TIF District and approving the TIF Plan for the District is primarily
in legal and financial advisor expenses. UMC has deposited $20,000 into an escrow account
with the City to cover the consultant fees.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution #2020-01 establishing TIF District #1-41 and approving the
TIF Plan for the District (supporting UMC's 52,000 square foot expansion proposal).
2. Motion to deny adoption of Resolution #2020-01 establishing TIF District #41 and
approving the TIF Plan for the District
2
EDA Agenda: 02/26/20
3. Motion to table consideration of Resolution #2020-01 establishing TIF District #1-41 and
approving the TIF Plan for the District
C. STAFF RECOMMENDATION:
Staff recommends Alternative #1. UMC is proposing a sizeable physical expansion on a site
adjacent to its existing facility located at 500 Chelsea Road. The total investment is estimated
to be $10,831,000 for the entire project. The new 9 -year TIF District is a critical assistance
component. UMC has indicated that without the land write down they will not move forward
with the proposed development project. Tax increments generated from UMC's new building
are projected to be sufficient to reimburse the EDA for the $731,000 land write down plus
interest over a 9 -year period.
D. SUPPORTING DATA:
A. Resolution #2020-01
B. Summary Memo from Northland Securities, Inc.
C. TIF District # 1-41 Plan
D. TIF Application
E. UMC Financial Assistance Action Item Timeline
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2020-01
RESOLUTION APPROVING THE ESTABLISHMENT OF TAX INCREMENT
FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41 AND
ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLVED By the Board of Commissioners (the "Board") of the City of Monticello Economic
Development Authority (the "Authority") as follows:
Section 1. Recitals.
1.01. The City of Monticello, Minnesota (the "City") and the Authority have previously
established the Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project') within the
City, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota
Statutes, Sections 469.090 through 469.1081, as amended.
1.02. The City and the Authority have proposed to approve a tax increment financing plan (the
"TIF Plan") for Tax Increment Financing (Economic Development) District No. 1-41 (the "TIF District"),
an economic development district, within the Redevelopment Project, pursuant to Minnesota Statutes,
Sections 469.174 through 469.1794, as amended (the "TIF Act'), all as described in a plan document
presented to the Board on the date hereof.
1.03. Pursuant to Section 469.174, subdivision 2 of the TIF Act, the proposed TIF Plan and the
estimates of the fiscal and economic implications of the TIF Plan were presented to the Board of Education
of Independent School District No. 882 (Monticello Public Schools) and to the Board of Commissioners of
Wright County, Minnesota (the "County") at least thirty (30) days prior to the public hearing conducted by
the City Council of the City (the "City Council") on September 23, 2019.
1.04. The City Council held a duly noticed public hearing on September 23, 2019, and approved
the creation of the TIF District and the associated TIF Plan following such public hearing.
Section 2. Approval of TIF District and TIF Plan; Further Actions.
2.01. The creation of the TIF District and the TIF Plan therefor are hereby approved.
2.02. Authority staff is hereby authorized and directed to file a request for certification of the
TIF District with the County Auditor/Treasurer of the County and to file a copy of the TIF Plan with the
Minnesota Commissioner of Revenue and the Office of the State Auditor as required by the TIF Act.
2.04. The County Auditor/Treasurer of the County is requested to certify the original net tax
capacity of the TIF District, as described in the TIF Plan, and to certify in each year thereafter the amount
by which the original net tax capacity has increased or decreased.
2.0.5 Authority staff, consultants, and legal counsel are authorized to take all actions necessary
to implement the TIF Plan and to negotiate, draft, prepare and present to the Board for its consideration all
further plans, resolutions, documents, and contracts necessary for this purpose. Approval of the TIF Plan
does not constitute approval of any project or a development agreement with any developer.
610061v2MN190-160
Adopted by the Board of Commissioners of the City of Monticello Economic Development
Authority this 12th day of February, 2020.
President
ATTEST:
Executive Director
610061v2MN190-160
NORTHLAND
'% � PUBLIC FINANCE
IiyiI :I►Yi[i R.11 111 I AA
To:
Monticello EDA
From:
Tammy Omdal
Date:
February 3, 2020
Re:
Proposed Tax Increment Financing District No. 1-41
The City of Monticello (the "City") and the City of Monticello Economic Development Authority (the
"EDA) has received an application for financial assistance from Ultra Machining Company (the
"Developer") for the proposed construction of an approximately 52,000 square foot new facility to
expand the Developer's manufacturing capacity on property adjacent to its existing facility (the
"Project)". The site for the Project is on 7.39 acres of vacant land privately owned by Monticello
Industrial Park Inc. located at 4065 Chelsea Road West in the City (the "Property"). The EDA will
acquire the Property from the private owner and then sell the property to the Developer.
The City held a public hearing on November 25, 2019 to consider the establishment of Tax Increment
Financing (Economic Development) District No. 1-41(the "TIF District") within Central Monticello
Redevelopment Project No. 1. Following the public hearing the City Council adopted a resolution to
establish the TIF District. The City Council establishment of the TIF District provides the authority
for the EDA to consider financial assistance for the Project.
The purpose of this memorandum is to provide information on tax increment financing authority
and process followed for establishing the TIF District, along with a summary of the proposed plan
for the TIF District.
Background on TIF Authority
TIF is a statutory financing tool to promote economic development, redevelopment, and housing
development in areas where it would otherwise not occur. The establishment of a TIF district allows
a city or an authority to "capture" the revenues generated by the increase in net tax capacity resulting
from new development within a designated geographic area called a TIF district. The revenue comes
from the increase in property taxes, with some limited exceptions to the taxes that may be captured
within a TIF district. For example, referendum taxes and state property taxes cannot be captured
with a TIF district.
The maximum duration to capture the tax increments from an economic development district is 8
years after the first year of tax increment collections for a total of 9 years.
A city/authority may use tax increments to finance public improvements and other qualifying costs
related to the new development that generated the increase in net tax capacity. Certain findings must
be made by a city/authority when approving a TIF district, including a finding that the project, as
Northland Securities, Inc. 150 South Fifth Street, Suite 3300, Minneapolis, MN 55402, Main Tel. 612-851-5900
www.northlandsecurities.com
Member FINRA and SIFC I Registered with SEC and MSRB
Monticello TIF District 1-41
February 3, 2020
Page 2
proposed, is feasible only through assistance, in part, from tax increment financing. This is
commonly referred to as a "but for" finding.
Economic Development TIF District
The purpose of an economic development district is generally to assist development of a
manufacturing facility, among other purposes. Tax increments from an economic development
district can be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or
assistance in any form to developments consisting of buildings and ancillary facilities, if certain
conditions are met. The conditions are as follows:
(1) it will discourage commerce, industry, or manufacturing from moving their operations to
another state or municipality; or
(2) it will result in increased employment in the state; or
(3) it will result in preservation and enhancement of the tax base of the state.
The Project qualifies as an economic development TIF district. The Project is for manufacturing,
warehousing, storage, and distribution of tangible personal property, and 100% of the planned
building (on a square footage basis) will be used for this purpose.
Process for Approval
The first step in creating the TIF District is the adoption of a Tax Increment Financing Plan for the TIF
District (the "TIF Plan"). The TIF Plan provides information about the Project to be funded with tax
increment from the TIF district and authorizes the use of tax increment from the district to pay TIF -
eligible project costs, among other items.
A tax increment financing district administered by the EDA (after establishment by the City) must be
located within the boundaries of a specified development district or redevelopment project. The
EDA has previously established the Central Monticello Redevelopment Project No. 1(the "Project
Area"), as modified over time, and set the boundaries of the Project Area as shown in the map
included in Exhibit VI of the TIF Plan. No modification to the Project Area or Redevelopment Plan
for the Project Area is proposed.
Now that the TIF District is established by the City, the EDA may consider its actions, including
entering into a contract for private development with the Developer for tax increment financing
assistance. The proposed terms of the contract and project specifics remain under discussion.
Notice to County and School District
Before the public hearing and the establishment of a TIF district, the City/EDA must provide certain
notices to the county and the school district, including providing a copy of a draft TIF plan. The
county and school district may comment on the proposed TIF district but cannot prevent the creation
of the TIF district. On behalf of the City/EDA, Northland submitted a letter and a draft copy of the
TIF Plan for the TIF District to Wright County and Monticello Public School (District No. 882) on
August 23, 2019 asking to receive written comments. No written or oral comments were received by
Northland or the City.
Monticello TIF District 1-41
February 3, 2020
Page 3
Adoption of TIF Plan
Following the public hearing, the City Council adopted the resolution approving the establishment
of the TIF District within the Project Area and the adoption of the TIF Plan relating thereto (the
"Resolution").
TIF Plan Summary
TIF plans can be confusing, as the plans tend to contain technical language that is required by the
statutes that govern tax increment. The summary that follows is provided to highlight the key
elements of the TIF Plan. A complete copy of the draft TIF Plan is available and included in the
packet for the City Council meeting.
In summary, the TIF Plan provides for the EDA to capture 100% of the tax increments collected from
the Property within the TIF District to reimburse itself for its net cost of the land acquisition and
administrative costs of the TIF District. The EDA's net cost of the land acquisition is the amount paid
to the private owner for the Property less any land sale proceeds received from the Developer.
Item Plan Section
Comments
City Plans and 2.02.2
Section 2.02 of the TIF Plan summarizes the proposed
Development
development and explains how this development is
Program
consistent with local plans and policies of the City.
Boundaries of TIF 2.03.2
The TIF District includes one (1) parcel. The parcel is
District
currently owned by a private party. The EDA will
acquire the Property and sell to the Developer for
$300,000. Under terms of the contract between the EDA
and the Developer, at closing the Developer will provide
a promissory note in the amount of $300,000 to the EDA,
secured by a mortgage.
Type of District 2.03.3
TIF District 141 is an economic development district.
The district will meet the statutory criteria for this type of
district as a manufacturing project.
Estimated Tax 2.04.1
The projected development is estimated to create annual
Increment
tax increment revenue of $92,517 in the first year of the
TIF District or upon completion of development. This
amount is based on the following factors:
• Total estimated taxable market value of the Property
of $5.2 million after completion of construction. This
amount is less than the Developer's total preliminary
estimated total project cost of $10.3 million.
Monticello TIF District 1-41
February 3, 2020
Page 4
Item Plan Section Comments
Classification of the Property as commercial -
industrial.
• The original net tax capacity value of the TIF District
will be based on the current market value of the
Property for taxes payable in 2020. A property's net
tax capacity is determined by multiplying the
property's taxable market value by the relevant class
rate or rates. Class rates are set by statute, vary by
property type, and are uniform statewide. For
purpose of calculating tax increments, the County
Auditor will set the original net tax capacity value of
the TIF District based on the future use (commercial -
industrial).
• The estimated local tax rate of 96.70% in the TIF Plan
is based on tax rates for taxes payable in 2019,
includes the City, County, School, and other local
taxing jurisdictions tax rates pursuant to the
provisions in the TIF Act. This rate is used to
estimate the future tax increments. Upon request to
the County Auditor to certify the TIF District, and the
anticipated timing of the request, it is anticipated the
final certified tax rate for the TIF District will be
based on the local tax rate for taxes payable in 2020.
The actual estimated market value of the property will be
set by the Assessor after completion of construction.
Changes in property values and tax rates will alter the
amount of tax increment revenue from year-to-year. The
TIF Plan includes estimates for planning purposes only,
and the actual amounts will vary.
Project Costs, 2.04.2
Tax increment revenue will be used to pay Project Costs
Estimated Source 2.04.3
related to development of the Property. The TIF Plan
and Uses of
provides for the reimbursement of up to $1,051,000 of
Funds, 2.04.4
estimated Project costs to be incurred by the EDA. The
Administrative
Project Costs include $1,031,000 for land acquisition and
Expense
$20,000 for administrative costs.
Reimbursement of Project Costs will be on a pay -go
basis. As tax increment is collected by the EDA upon
distribution of taxes from the County, the EDA will use
Monticello TIF District 1-41
February 3, 2020
Page 5
Item Plan Section Comments
the available tax increments to reimburse itself for actual
costs incurred, along with interest payments on the
balances outstanding. The terms for payment to the EDA
will be detailed in an interfund loan resolution providing
for the advance of monies from other EDA funds.
The EDA is authorized to advance or loan money from
any fund from which such advances may be legally
made in order to finance expenditures that are eligible to
be paid with tax increments from the TIF District.
Subject to approval by the EDA, the funds used to
acquire the Property will come from the EDA General
Fund and from the fund balance for TIF District No. 1-6.
The EDA may repay these funds, with interest, from tax
increments generated by the improvements in the new
TIF District.
Bonded 2.04.6 All payments to the EDA will be on a "pay -go" basis
Indebtedness payable solely from available tax increments and will not
be a general obligation of the City. The TIF Act describes
an "interfund loan' as a bonded indebtedness.
The principal (par) amount of the interfund loan is
estimated to be $1,051,000 payable with interest at the
rate of 3.0% per annum.
The Developer's repayment of its $300,000 mortgage will
be used to reduce the principal balance outstanding on
the interfund loan. The land sale proceeds will be
recorded as tax increment revenue to the TIF District,
pursuant to the statutes governing tax increment.
Duration 2.04.7 The TIF Plan elects a duration of nine (9) years which is
the maximum duration allowed for an economic
development district. The estimated month and year of
first receipt of tax increment is July 2022. The estimated
required decertification date based on year 2022 as the
first year of tax increment collection is December 31,
2030.
Monticello TIF District 1-41
February 3, 2020
Page 6
Property Taxes
The property where the Project will be located is currently classified as agricultural non -homestead.
The approval of the TIF District and completion of the Project will result in an estimated $19,436 in
property taxes payable to the respective taxing jurisdictions in the first year (Year 1) of the TIF
District, an increase of $15,560 over pay 2019. The largest portion of the increase is from the school
referendum tax and state property tax, which cannot be captured as tax increments.
The captured tax increments for the TIF District is estimated at $92,517 (Year 1). This is based on an
estimated taxable market value of $5.2 million for the Project and based on tax rates for year 2019.
Figure 1 below provides details for the estimated taxes payable and tax increment for Year 1 of the
TIF District.
Figure 1.
Figures are Estimated
Current Taxes for Pay
Taxing Jurisdictions
2019 on 7.39 Acres of
Taxes Pa bable to Total Taxes Paid b
y Captured TIF Year 1 of y
p
Subject Land for the
Taxing Jurisdictions Year Project Year 1 of TIF
Project
J
TIF District
1 of TIF District District
City
$1,427
$2,854 $32,778 $35,632
School District
$554
$12,794 $16,237 $29,031
County
$1,845
$3,688 $42,356 $46,044
Other Special Taxing
$50
$100 $1,146 $1,246
Jurisdictions
State
$44,113 $0 $44,113
Tota 1
$3,876
$63,549 $92,517 $156,066
Notes:
1. Amounts estimated based on taxable market value of $5.2 million for expansion, classifed as Cl based on pay 2019 tax rates.
2. Captured taxes includes the taxes that will be captured within the TIF District and used to assist the Project. To establish the
TIF District, the City Council must find that the Project, as proposed, would not be feasible without TIF.
3. The amounts in Figure 1 for Total Annual Taxes Paid by Project is for the expansion project only and does not include taxes
payble on the existing property/land owned by UMC.
3. All amounts are estimated and based on year one of the TIF District, after project completion.
CITY OF MONTICELLO, MINNESOTA
TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT)
DISTRICT NO. 1-41
WITHIN
CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1
CITY OF MONTICELLO
AND
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY (EDA)
PUBLIC HEARING DATE: NOVEMBER 25, 2019
PLAN APPROVED BY CITY COUNCIL DATE: NOVEMBER 25, 2019
PLAN APPROVED BY EDA DATE:
19
PLAN CERTIFICATION REQUEST DATE: , 2020
PLAN CERTIFIED DATE: , 2020
NORTHLAND
'`�r41 PUBLIC FINANCE
Northland Securities, Inc.
150 South Fifth Street, Suite 3300
Minneapolis, MN 55402
(800)851-2920
Member NASD and SIPC
Registered with SEC and MSRB
TABLE OF CONTENTS
ARTICLE I - INTRODUCTION AND DEFINITIONS.........................................................1
Section 1.01 Introduction......................................................................................1
Section 1.02 Definitions.........................................................................................1
Section 1.03 Plan Preparation...............................................................................1
ARTICLE II - TAX INCREMENT FINANCING PLAN.........................................................2
Section 2.01
Statutory Authority..........................................................................2
Section 2.02
Planned Development.....................................................................2
2.02.1
Project Description......................................................................................3
2.02.2
City Plans and Development Program ....................................................
3
2.02.3
Land Acquisition.........................................................................................3
2.02.4
Development Activities..............................................................................2
2.02.5
Need for Tax Increment Financing...........................................................
2
Section 2.03
Tax Increment Financing District...................................................3
2.03.1
Designation..................................................................................................
3
2.03.2
Boundaries of TIF District..........................................................................3
2.03.3
Type of District............................................................................................3
Section 2.04
Plan for Use of Tax Increment........................................................4
2.04.1
Estimated Tax Increment............................................................................4
2.04.2
Project Costs.................................................................................................4
2.04.3
Estimated Sources and Uses of Funds.....................................................4
Figure2-1......................................................................................................5
2.04.4
Administrative Expense.............................................................................5
2.04.5
County Road Costs.....................................................................................5
2.04.6
Bonded Indebtedness.................................................................................5
2.04.7
Duration of TIF District..............................................................................6
2.04.8
Estimated Impact on Other Taxing Jurisdictions...................................6
2.04.9
Prior Planned Improvements....................................................................
6
ARTICLE III -ADMINISTERING THE TIF DISTRICT......................................................7
Section 3.01
Filing and Certification....................................................................7
Section 3.02
Modifications of the Tax Increment Financing Plan....................7
Section 3.03
Four -Year Knockdown Rule...........................................................7
Section 3.04
Pooling and Five -Year Rule.............................................................8
Section 3.05
Financial Reporting and Disclosure Requirements .....................8
Section 3.06
Business Subsidy Compliance........................................................9
EXHIBITS..........................................................................................................................10
Exhibit I Present Value Analysis..................................................................10
Exhibit II Projected Tax Increment................................................................11
Exhibit III Impact on Other Taxing Jurisdictions..........................................12
Exhibit IV Estimated Tax Increment Over Life of District ..........................13
Exhibit V Map of TIF District.........................................................................14
Exhibit VI Map of Central Monticello Redevelopment Project No. 1........15
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
ARTICLE I — INTRODUCTION AND DEFINITIONS
SECTION 1.01 INTRODUCTION
The City of Monticello and the City of Monticello Economic Development Authority propose
to provide tax increment financing assistance through the establishment of Tax Increment
Financing (Economic Development) District No. 1-41 to assist with the financing of certain
project costs for the construction of an approximate 52,000 square foot new manufacturing
facility.
This document contains the plan for achieving the objectives of the Central Monticello
Redevelopment Project No. 1 through the establishment of Tax Increment Financing District No.
1-41.
SECTION 1.02 DEFINITIONS
For the purposes of this document, the terms below have the meanings given in this section,
unless the context in which they are used indicates a different meaning:
1. "Authority" means the City of Monticello Economic Development Authority.
2. "City" means the City of Monticello, Minnesota.
3. "City Council" means the City Council of the City.
4. "County" means Wright County, Minnesota.
5. "Developer" means the private party undertaking construction within the TIF District.
6. "Project Costs" means the cost of qualified development activities that will occur within the
TIF District that may be paid from tax increment revenue.
7. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project, as
the same may, from time to time, be amended or supplemented.
8. "Redevelopment Project" means Central Monticello Redevelopment Project No. 1 of the
Authority, as the same may, from time to time, be amended or supplemented.
9. "School District" means Independent School District No. 882 (Monticello Public Schools).
10. "State" means the State of Minnesota.
11. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended, both
inclusive.
12. "TIF District" means Tax Increment Financing (Economic Development) District No. 1-41.
13. "TIF Plan" means the tax increment financing plan for the TIF District (this document).
SECTION 1.03 PLAN PREPARATION
The document was prepared for the City and the Authority by Northland Securities, Inc.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
ARTICLE II - TAX INCREMENT FINANCING PLAN
SECTION 2.01 STATUTORY AUTHORITY
The TIF District and the TIF Plan are established under the authority of the TIF Act.
SECTION 2.02 PLANNED DEVELOPMENT
2.02.1 Project Description
The Developer proposes to build an approximately 52,000 square foot new facility to expand
the Developer's manufacturing capacity on property adjacent to its existing facility. The site is
currently vacant.
2.02.2 City Plans and Development Program
In addition to achieving the objectives of the Redevelopment Plan, the proposed development is
consistent with and works to achieve the development objectives of the City. The TIF Plan for
the TIF District conforms to the general plan for development or redevelopment of the City as a
whole.
The City has adopted land use controls to guide the use of property. The proposed
development plans for the project in the TIF District have been reviewed by the Planning
Commission and the City Council, and conform to current land use controls.
2.02.3 Land Acquisition
The Developer plans to acquire the property within the TIF District with assistance from the
Authority and the City.
2.02.4 Development Activities
As of the date of approval of this TIF Plan, there are no development activities proposed in this
TIF Plan that are subject to contracts.
2.02.5 Need for Tax Increment Financing
In the opinion of the City and the Authority, the proposed development would not reasonably
be expected to occur solely through private investment within the foreseeable future and that
the increased market value of the site that could reasonably be expected to occur without the
use of tax increment financing would be less than the increase in the market value estimated to
result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the TIF District permitted by the TIF Plan.
The reasons and facts supporting this finding include the following:
• The proposed development requires public financial assistance to offset the cost of land
acquisition to allow for the Developer to proceed with construction of the project.
• The Company has represented that the expansion is necessary to retain the current
operations and increase the Company's jobs in Minnesota.
• A comparative analysis of estimated market values both with and without establishment of
the TIF District and the use of tax increments has been performed as described above and
is shown in Exhibit I. This analysis indicates that the increase in estimated market value of
the proposed development (less the present value of the projected tax increments for the
maximum duration permitted by the TIF Plan) exceeds the estimated market value of the
site prior to the establishment of the TIF District.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
SECTION 2.03 TAX INCREMENT FINANCING DISTRICT
2.03.7 Designation
This TIF District is designated as Tax Increment Financing (Economic Development) District No.
1-41.
2.03.2 Boundaries of TIF District
The boundaries of the TIF District are depicted in Exhibit V. The TIF District includes parcel
number 155-143-001020 and the immediate adjacent roads and right-of-way. The parcel is
described as follows:
• Lot 2, Block 1, Monticello Commerce Center 6th Addition, Wright County, Minnesota
2.03.3 Type of District
The TIF District is established as an "economic development" district pursuant to Sections
469.174 subdivision 12, and 469.176, subdivision 4c, of the TIF Act.
The TIF Act allow tax increments from an economic development district to be used to provide
improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form to
developments consisting of buildings and ancillary facilities, if all the following conditions are
met:
(1) it will discourage commerce, industry, or manufacturing from moving their operations to
another state or municipality; or
(2) it will result in increased employment in the state; or
(3) it will result in preservation and enhancement of the tax base of the state.
The Project will meet these conditions.
Revenue derived from tax increment from an economic development district may not be used to
provide improvements, loans, subsidies, grants, interest rate subsidies, or assistance in any form
to developments consisting of buildings and ancillary facilities, if more than 15 percent of the
buildings and facilities (determined on the basis of square footage) are used for a purpose other
than:
(1) the manufacturing or production of tangible personal property, including processing
resulting in the change in condition of the property;
(2) warehousing, storage, and distribution of tangible personal property, excluding retail
sales;
(3) research and development related to the activities listed in clause (1) or (2);
(4) telemarketing if that activity is the exclusive use of the property;
(5) tourism facilities; or
(6) space necessary for and related to the activities listed in clauses (1) to (5).
The Project is for manufacturing, warehousing, storage, and distribution of tangible personal
property, and 100% of the planned building (on a square footage basis) will be used for this
purpose.
The Project is a qualified facility and meets these requirements in the TIF Act.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
SECTION 2.04 PLAN FOR USE OF TAX INCREMENT
2.04.1 Estimated Tax Increment
The original net tax capacity of value of the TIF District will be set by the County upon request
for certification. For the purposes of this Plan, the estimated original net tax capacity is $8,330.
This amount is estimated based on the most recent published estimated market value of
$416,500 for Parcel 155-143-001020; with tax capacity value calculated for commercial property.
The total tax capacity value of the property after development completion (for taxes payable
in 2022) is estimated to be $104,000. This amount is based on a total estimated taxable market
value of $5,200,0000 with property classified as commercial. The estimated difference between
the total tax capacity value after development completion and the original net tax capacity value
is the captured tax capacity value in the amount of $95,670 for the creation of tax increment.
The total local tax rate for taxes payable in 2019 is 96.70%. The TIF Plan assumes that this rate
will be set as the original local tax rate for the TIF District. At the time of the certification of
the original net tax capacity for the TIF District, the County Auditor shall certify the original
local tax rate that applies to the TIF District. The original local tax rate is the sum of all the local
tax rates, excluding that portion of the school rate attributable to the general education levy
under Minnesota Statutes section 126C.13, that apply to a property in the TIF District. The local
tax rate to be certified is the rate in effect for the same taxes payable year applicable to the tax
capacity values certified as the TIF District's original tax capacity. The resulting tax capacity rate
is the original local tax rate for the life of the TIF District.
Under these assumptions, the estimated annual tax increment will be $92,517 after development
completion. The actual tax increment will vary according to the certified original tax capacity
value and original tax rate, the actual property value produced by the proposed development
and the changes in property value and State tax policy over the life of the district.
It is the intent of the City and the Authority to retain 100% of the captured tax capacity value for
the duration of the TIF district. Exhibit II contains the projected tax increment over the life of
the District.
2.04.2 Project Costs
The Authority will use tax increment to pay Project Costs. The Authority anticipates the use of
tax increment to pay administrative expenses for the TIF District and to reimburse the Authority
for Project Costs. A contract between the Authority and the Developer will define the means for
verifying Project Costs eligible for reimbursement and the means of disbursing tax increments
collected by the Authority.
The Authority will use tax increments to pay financing costs. The interest rate payable on bonds
issued, the definition of bonds includes interfund loans, will be set pursuant to approving
resolutions.
The Authority reserves the right to use any other legally available revenues to finance or pay for
Project Costs associated with the development in the TIF District.
2.04.3 Estimated Sources and Uses of Funds
The estimated sources of revenue, along with the estimated Project Costs of the TIF District,
are itemized in Figure 2-1 that follows. Such costs are eligible for reimbursement from tax
increments, and other listed sources of revenue from the TIF District.
The City and Authority reserve the right to administratively adjust the amount of any of the
Project Cost items listed in Figure 2-1, so long as the total estimated tax increment project costs
amount, not including financing costs, is not increased.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 4
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
FIGURE 2-1
ESTIMATED SOURCES AND USES OF FUNDS
Estimated Project/Financing Costs (to be paid or financed with tax increment)
Total
Estimated Tax Increment Revenues (from tax increment generated by the district)
Tax increment revenues distributed from the County
$905,000
Interest and investment earnings
$15,000
Sales/lease proceeds
$300,000
Market value homestead credit
$0
Total Estimated Tax Increment Revenues
$1,220,000
Estimated Project/Financing Costs (to be paid or financed with tax increment)
Project costs
Land/building acquisition
$1,031,000
Site improvements/preparation costs
$0
Utilities
$0
Other qualifying improvements
$0
Construction of affordable housing
$0
Small city authorized costs, if not already included above
$0
Administrative costs
$20,000
Estimated Tax Increment Project Costs
$1,051,000
Estimated financing costs
Interest expense
$169,000
Total Estimated Project/Financing Costs to be Paid from Tax Increment
$1,220,000
Estimated Financing
Total amount of bonds to be issued $1,051,000
2.04.4 Administrative Expense
The Authority reserves the right to retain up to ten percent (10%) of annual tax increment
revenues, in addition to any required fees paid to the State and County. The Authority will
use these monies to pay for and reimburse the Authority for costs of administering the TIF
district allowed by the TIF Act. The estimated amount of tax increment revenue planned to
pay administrative expense is shown in Figure 2-1 and is estimated at five percent (2.5%) of the
tax increment revenues distributed from the County, which is less than the maximum allowed.
Anticipated administrative expenses of the TIF District include annual audit of the fund for TIF
District, preparation of annual reporting, legal publication of annual report, and administration
of the development agreement.
2.04.5 County Road Costs
The proposed development will not substantially increase the use of county roads and
necessitate the need to use tax increments to pay for county road improvements.
2.04.6 Bonded Indebtedness
The total amount of bonds estimated to be issued is shown in Figure 2-1. The City will not issue
any general obligation bonded indebtedness as a result of the TIF Plan.
The Authority intends to use tax increment financing to reimburse itself for costs related to land
acquisition.
Under Section 469.176, subdivision 4 of the TIF Act, the City or the Authority may advance
or loan money to finance expenditures, from the general funds of the City or the Authority or
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
any other legally authorized fund to finance qualified expenditures, subject to the following
provisions:
(a) Not later than 60 days after money is transferred, advanced, or spent, whichever
is earliest, the loan or advance must be authorized by resolution of the City or of the
Authority, whichever has jurisdiction over the fund from which the advance or loan is
authorized.
(b) The resolution may generally grant to the City or the Authority the power to make
interfund loans under one or more tax increment financing plans or for one or more
districts. The resolution may be adopted before or after the adoption of the tax increment
financing plan or the creation of the tax increment financing district from which the
advance or loan is to be repaid.
(c) The terms and conditions for repayment of the loan must be provided in writing. The
written terms and conditions may be in any form, but must include, at a minimum, the
principal amount, the interest rate, and maximum term. Written terms may be modified
or amended in writing by the City or the Authority before the latest decertification of
any tax increment financing district from which the interfund loan is to be repaid. The
maximum rate of interest permitted to be charged is limited to the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or 549.09 as of the date the loan or
advance is authorized, unless the written agreement states that the maximum interest rate
will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40
or 549.09 are from time to time adjusted. Loans or advances may be structured as draw-
down or line -of -credit obligations of the lending fund.
(d) The Authority shall report in the annual report submitted under Section 469.175,
subdivision 6 of the TIF Act:
(1) the amount of any interfund loan or advance made in a calendar year; and
(2) any amendment of an interfund loan or advance made in a calendar year.
2.04.7 Duration of TIF District
The duration to collect and spend tax increments on eligible purposes is set at the maximum
duration of eight (8) years after the date of receipt of the first tax increment or nine (9) years of
tax increment collection. The estimated decertification date is 12/31/2030.
2.04.8 Estimated Impact on Other Taxing Jurisdictions
Exhibits III and IV show the estimated impact on other taxing jurisdictions if the maximum
projected retained captured net tax capacity of the TIF District was hypothetically available to
the other taxing jurisdictions. The City and the Authority believe that there will be no adverse
impact on other taxing jurisdictions during the life of the TIF District, since the proposed
development would not have occurred without the establishment of the TIF District and the
provision of public assistance. A positive impact on other taxing jurisdictions will occur when
the TIF District is decertified and the development therein becomes part of the general tax base.
The City and the Authority anticipate minimal impact of the proposed development on city -
provided services. There may be minimal borrowing costs to the City or the Authority for the
Project. A manageable increase in water and sewer usage is expected. It is anticipated that
there may be a slight but manageable increase in police and fire protection duties due to the
development.
2.04.9 Prior Planned Improvements
There have been no building permits issued in the last 18 months in conjunction with any of the
properties within the TIF District. The Authority will include this statement with the request for
certification to the County Auditor.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 6
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
ARTICLE III —ADMINISTERING THE TIF DISTRICT
SECTION 3.01 FILING AND CERTIFICATION
The filing and certification of the TIF Plan consists of the following steps:
1. Upon adoption of the TIF Plan, the City shall submit a copy of the TIF Plan to the Minnesota
Department of Revenue and the Office of the State Auditor.
2. The City shall request that the County Auditor certify the original net tax capacity and net
tax capacity rate of the TIF District. To assist the County Auditor in this process, the City
shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting
the TIF Plan, and a listing of any prior planned improvements.
3. The City shall send the County Assessor any assessment agreement establishing the
minimum market value of land and improvements in the TIF District and shall request that
the County Assessor review and certify the assessment agreement as reasonable.
SECTION 3.02 MODIFICATIONS OF THE TAX INCREMENT FINANCING PLAN
The City reserves the right to modify the TIF District and the TIF Plan. Under current State
Law, the following actions can only be approved after satisfying all the necessary requirements
for approval of the original TIF Plan (including notifications and public hearing):
■ Reduction or enlargement in the geographic area of the Development District or the TIF
District.
■ Increase in the amount of bonded indebtedness to be incurred.
■ Increase in the amount of capitalized interest.
■ Increase in that portion of the captured net tax capacity to be retained by the City.
■ Increase in the total estimated Project Costs.
■ Designation of additional property to be acquired by the City.
Other modifications can be made by resolution of the City. In addition, the original approval
process does not apply if (1) the only modification is elimination of parcels from the TIF District
and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax
capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that
the TIF District's original net tax capacity will be reduced by no more than the current net tax
capacity of the parcels eliminated.
The City must notify the County Auditor of any modification that reduces or enlarges the
geographic area of the TIF District. The geographic area of the TIF District may be reduced but
not enlarged after five years following the date of certification.
SECTION 3.03 FOUR-YEAR KNOCKDOWN RULE
The provision of the TIF Act referred to as the Four -Year Knockdown Rule requires
development activity to take place on each parcel within a tax increment financing (TIF) district
within four years from the date of certification of the original net tax capacity of the district. If
development activity on a parcel has not begun within the required time frame, no additional
tax increment may be collected from that parcel and its value must be excluded from the
district's original net tax capacity.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 7
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
Development activity includes demolition, rehabilitation, renovation or site improvement,
including a qualified improvement of an adjacent street, has commenced on a parcel located
within the TIF District. If no development activity has occurred within four years from the
date of certification then that parcel shall be excluded from the TIF District and the original net
tax capacity shall be adjusted accordingly. The City must submit to the County Auditor, by
February 1 of the fifth year, evidence that the required activity has taken place for each parcel in
the TIF District.
If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently
commences any of the above activities, the City shall certify to the County Auditor that such
activity has commenced and the parcel shall once again be included in the TIF District. The
County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the
Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF
District.
SECTION 3.04 POOLING AND FIVE-YEAR RULE
At least 80% of the tax increments (not including administrative expenses) from the TIF District
(the "In -District Percentage") must be expended on activities within the TIF District, including
payment on any bonds for which the proceeds were used to finance activities within the TIF
District. Up to 20% of the tax increments from the TIF District may be used to finance activities
outside the TIF District but within the boundaries of the Development District.
Tax increments are considered to have been "spent" within the TIF District if such amounts are:
• actually paid to a third party for activities performed within the TIF District within five
years after certification of the district;
• used to pay bonds that were issued and sold to a third party, the proceeds of which are
reasonably expected on the date of issuance to be spent within the later of the five-year
period or a reasonable temporary period or are deposited in a reasonably required reserve
or replacement fund.
• used to make payments or reimbursements to a third party under binding contracts for
activities performed within the TIF District, which were entered into within five years after
certification of the district; or
• used to reimburse a party for payment of eligible costs (including interest) incurred within
five years from certification of the district.
It is anticipated that all tax increments to be collected from within the TIF District and
distributed by the County will be spent or obligated within five years from the date of
certification of the TIF District.
SECTION 3.05 FINANCIAL REPORTING AND DISCLOSURE REQUIREMENTS
The City will comply with the annual reporting requirements of the TIF Act pursuant to the
guidelines of the Office of the State Auditor. Under current law, the City must prepare and
submit a report on the TIF District on or before August 1 of each year. The City must also
annually publish in a newspaper of general circulation in the City an annual statement for the
TIF District, in the format as prescribed by the Office of the State Auditor.
The reporting and disclosure requirements outlined in this section begin with the year a tax
increment financing district is certified, and shall end in the year in which both the district
has been decertified and all tax increments have been spent or returned to the County for
redistribution. Failure to meet these requirements, as determined by the State Auditors Office,
may result in suspension of distribution of tax increments.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 8
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
SECTION 3.06 BUSINESS SUBSIDY COMPLIANCE
The City will comply with the business subsidies requirements specified in Minnesota Statutes,
Sections 116J.993 to 116J.995.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
Exhibit I
Monticello EDA
Tax Increment Financing District No. 1-41
Present Value Analysis As Required By Statute
Minnesota Statutes 469.175(3)(2)
Manufacturing Facility
1 Estimated Future Market Value w/ Tax Increment Financing
6,092,629 7
2 Payable 2019 Market Value
416,500
3 Market Value Increase (1-2)
5,676,129
4 Present Value of Future Tax Increments
782,938
5 Market Value Increase Less PV of Tax Increments
4,893,191
6 Estimated Future Market Value w/o Tax Increment Financing
487,996
7 Payable 2019 Market Value
416,500
8 Market Value Increase (6-7)
71,496
9 Increase in MV From TIF
4,821,695 2
Assume 2.00% annual appreciation over 8 year life of district.
2 Statutory compliance achieved if increase in market value from TIF (Line 9) is
greater than or equal to zero.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 10
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
Exhibit II
City of Monticello
Tax Increment Financing District No. 1-41 (Economic Development)
Manufacturing Facility
Projected Tax Increments from Tax Increment Financing (TIF)
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 11
3.00%
Taxable
TIF
Taxes
Less Base
Captured
Captured
Less
Available
Market
Tax
Tax Rate
Present
District Payable
Tax
Tax
2
Tax
State
Tax
5
Year
Value
Year
Capacity v
Capacity
a
Capacity
Increments
Fee
Increments
Value
" 6
(TMV)
1
2022 5,200,000
104,000 (8,330)
95,670
96.70%
92,517
(333)
92,184
89,927
2
2023 5,304,000
106,080 (8,330)
97,750
96.70%
94,528
(340)
94,188
179,114
3
2024 5,410,080
108,202 (8,330)
99,872
96.70%
96,580
(348)
96,232
267,562
4
2025 5,518,282
110,366 (8,330)
102,036
96.70%
98,673
(355)
98,318
355,277
5
2026 5,628,647
112,573 (8,330)
104,243
96.70%
100,807
(363)
100,444
442,259
6
2027 5,741,220
114,824 (8,330)
106,494
96.70%
102,984
(371)
102,613
528,513
7
2028 5,856,045
117,121 (8,330)
108,791
96.70%
105,205
(379)
104,826
614,041
8
2029 5,973,165
119,463 (8,330)
111,133
96.70%
107,470
(387)
107,083
698,848
9
2030 6,092,629
121,853 (8,330)
113,523
96.70%
109,781
(395)
109,386
782,938
908,545
(3,271)
905,274
TOTAL =
Key Asssumptions
1 Taxable market value (TMV) annual growth assumption
= 2.00%
2 Original Tax Capacity Rate
estimated based on
Taxes Payable
Year 2019.
3 Election for captured tax capacity is 100.00%
4 Base Tax Capacity is calculated
based on a TMV
= $416,500.
5 Present value is calculated
based on semi-annual
payments,
stated rate in the schedule above, and date of
1/1/2022.
6 Assumption for TIMV =
Total SF of 52,000 at $100.00
per SF.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 11
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
Exhibit III
Monticello EDA
Tax Increment Financing District No. 1-41
Impact on Other Taxing Jurisdictions
(Taxes Payable 2019)
Manufacturing Facility
Annual Tax Increment
Estimated Annual Captured Tax Capacity (Full Development) $113,523
Payable 2019 Local Tax Rate 96.704%
Estimated Annual Tax Increment $109,781
Percent of Tax Base
Net Tax
Net Tax
Captured
Capacity
% of Total
Percent of
Capacity
Tax
(NTC)
Share
Total NTC
(NTC)
Capacity
35.430%
City of Monticello 29,784,556
113,523
0.38%
Wright County 39,820,321
113,523
0.29%
ISD 882 167,946,775
113,523
0.07%
Dollar Impact of Affected Taxing Jurisdictions
NOTE NO. 1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions
even if the City does not create the Tax Increment District, the creation of the District will reduce tax capacities
and increase the local tax rate as illustrated in the above tables.
NOTE NO. 2: Assuming that NONE of the captured tax capacity would be available to the taxing jurisdiction
if the City did not create the Tax Increment District then the plan has virtually no initial effect on the tax
capacities of the taxing jurisdictions. However, once the District is established, allowable costs paid from the
increments, and the District is terminated, all taxing jurisdictions will experience an increase in their tax base.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 12
Net Tax
Tax
Added
Capacity
% of Total
Increment
Local Tax
(NTC)
Share
Rate
City of Monticello
34.262%
35.430%
38,895
0.131%
Wright County
44.273%
45.782%
50,260
0.126%
ISD 882
16.972%
17.550%
19,267
0.011%
Other
1.197%
1.238%
1,359
Totals
96.704%
100.000%
109,781
NOTE NO. 1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions
even if the City does not create the Tax Increment District, the creation of the District will reduce tax capacities
and increase the local tax rate as illustrated in the above tables.
NOTE NO. 2: Assuming that NONE of the captured tax capacity would be available to the taxing jurisdiction
if the City did not create the Tax Increment District then the plan has virtually no initial effect on the tax
capacities of the taxing jurisdictions. However, once the District is established, allowable costs paid from the
increments, and the District is terminated, all taxing jurisdictions will experience an increase in their tax base.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 12
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
Exhibit IV
City of Monticello
Tax Increment Financing (Economic Development) District No. 1-41
Manufacturing Facility
Estimated Tax Increments Over Maximum Life of District
Note: The Estimated Total Tax Increment shown above is before deducting the State Auditor's fee, which is payable at a rate of 0.36% of the
Total Tax Increment collected. Exhibit II provides Estimated Total Tax Increment after deducting for the State Auditor's fee.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 13
Based on Pay 2019 Tax Rate =
96.704%
34.262%
44.273%
16.972%
1.197%
New
Estimated
City
County
School
Other
TIF
Taxes
Taxable
New
Base
Captured
Total
TIF
TIF
TIF
TIF
District
Payable
Market
Tax
Tax
Tax
Tax
Related
Related
Related
Related
Year
Year
Value
Capacity
Capacity
Capacity
Increment
Share
Share
Share
Share
1
2022
5,200,000
104,000
(8,330)
95,670
92,517
32,778
42,356
16,237
1,146
2
2023
5,304,000
106,080
(8,330)
97,750
94,528
33,491
43,277
16,590
1,170
3
2024
5,410,080
108,202
(8,330)
99,872
96,580
34,218
44,216
16,950
1,196
4
2025
5,518,282
110,366
(8,330)
102,036
98,673
34,959
45,174
17,317
1,223
5
2026
5,628,647
112,573
(8,330)
104,243
100,807
35,716
46,151
17,692
1,248
6
2027
5,741,220
114,824
(8,330)
106,494
102,984
36,487
47,148
18,074
1,275
7
2028
5,856,045
117,121
(8,330)
108,791
105,205
37,274
48,165
18,464
1,302
8
2029
5,973,165
119,463
(8,330)
111,133
107,470
38,076
49,202
18,862
1,330
9
2030
6,092,629
121,853
(8,330)
113,523
109,781
38,895
50,260
19,267
1,359
Total
908,545
321,894
415,949
159,453
11,249
Note: The Estimated Total Tax Increment shown above is before deducting the State Auditor's fee, which is payable at a rate of 0.36% of the
Total Tax Increment collected. Exhibit II provides Estimated Total Tax Increment after deducting for the State Auditor's fee.
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 13
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
EXHIBIT V
Map of Boundaries of Tax Increment Financing District No. 1-41
PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 14
TAX INCREMENT FINANCING (ECONOMIC DEVELOPMENT) DISTRICT NO. 1-41
EXHIBIT VI
Map of Boundaries of Central Monticello Redevelopment Project No. I
Z
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PLAN ADOPTED BY CITY COUNCIL, NOVEMBER 25, 2019 15
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
BUSINESS SUBSIDY APPLICATION
BUSINESS ASSISTANCE FINANCING
Legal name of applicant: Ultra Machining Company, Inc.
Address: 500 Chelsea Road Monticello, MN 55362
Telephone number: 763-271-5200
Name of contact person: Jaci Dukowitz / COO or Tim Dolan / Project Consultant
REQUESTED INFORMATION
Addendum shall be attached hereto addressing in detail the following:
1. A map showing the exact boundaries of proposed development.
2. Give a general description of the project including size and location of building(s); business
type or use; traffic information including parking, projected vehicle counts and traffic flow;
timing of the project; estimated market value following completion.
3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property.
Include a statement as to how the proposed development will conform to the land use
designation and how the property will be zoned.
4. A statement identifying how the increment assistance will be used and why it is necessary to
undertake the project.
5. A statement identifying the public benefits of the proposal including estimated increase in
property valuation, new jobs to be created, hourly wages and other community assets.
b. A written description of the developer's business, principals, history and past projects
I understand that the application fee will be used for EDA staff and consultant costs and may be partially
refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the EDA
Board and be based on the costs incurred by the EDA prior to withdraw of the request for assistance. If
the initial application fee is insufficient, I will be responsible for additional deposits.
SIGNATURE
i
Applicant's signature
Date:
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
Application for Business Assistance Financing
GENERAL INFORMATION:
Business Name: Ultra Machining Company, Inc.
Address: 500 Chelsea Road Monticello, MN 55362
Type (Partnership, etc.): Corporation
Date: 11/18/2019
Authorized Representative: Phone:
Jaci Dukowitz / COO 763-271-5200 or Tim Dolan / Project Consultant 763-331-1923
Description of Business:
Precision manufacturing facility for primarily aerospace and medical device
Legal Counsel: Gray, Plant, Mooty
Address: 80 South 8th St. #500, Minneapolis, MN 55402 Phone: 612-632-3000
FINANCIAL BACKGROUND:
1. Have you ever filed for bankruptcy? No
2. Have you ever defaulted on any loan commitment? No
3. Have you applied for conventional financing for the project? Yes
4. List financial references:
a.
b.
C.
2
5. Have you ever used Business Assistance Financing before?
If yes, what, where and when?
PROJECT INFORMATION:
1. Location of Proposed Project: PID 155143001020
No
2. Amount of Business Assistance requested? $731,000
3. Need for Business Assistance: Acquisition of land for campus creation
4. Present ownership of site: Monticello EDA is current contract holder
5. Number of permanent jobs created as a result of project? 190+ retained, 60+ created
6. Estimated annual sales: Present: $37 million Future: $100 million
7. Market value of project following completion:
8. Anticipated start date: May 2020
FINANCIAL INFORMATION:
1. Estimated project related costs:
a. Land acquisition
b. Site development
c. Building cost
d. Equipment
e. Arc hitectural/engineering fee
f. Legal fees
g. Off-site development costs
Completion Date: December 2020
$ 1,031,000
Included in "C"
6,500,000
31300,000
Included in "C"
Included in "C"
Included in "C"
3
1. Source of financing:
a. Private financing institution
b. Tax increment funds
C. Other public funds
d. Developer equity
$7,333,800
$731,000
$300,000 MIF) + $300,000 EDA
deferred 2n, mortgage
$2,166,200
PLEASE INCLUDE:
1. Preliminary financial commitment from bank.
2. Plans and drawing of project.
3. Background material of company.
4. Pro Forma analysis.
S. Financial statements.
6. Statement of property ownership or control.
7. Payment of application fee of $10,000.
Associated Bank
September 27, 2019
City of Monticello
505 Walnut Street
Monticello, MN 55362
Re: UMC Inc/UMC Real Estate LLC Forgivable Loan Application/Tax Abatement
Application
To whom it may concern:
Associated Bank, N.A. has enjoyed a banking relationship with UMC Inc and UMC Real
Estate LLC for the past 5 % years. Based on Associated Bank's analysis of these two
entities' historical and projected financial performance, and the scope of the proposed
Monticello commercial building project, UMC Inc and UMC Real Estate LLC
demonstrate the ability to service the debt repayment requirements of the project
referenced in their application with the City of Monticello.
The debt structure proposed by Associated Bank will allow for a loan on the land and
proposed building up to $4,000,000. The final loan amount(s) as currently proposed will
be limited to $43000,000 or 80% of the as -built fee simple appraised value of the project,
whichever is lower, and be amortized over 20 years.
While UMC Inc and UMC Real Estate LLC demonstrate the ability to service the
proposed debt payments, the Forgivable Loan program and Tax Abatement is important
to move forward and make the project a reality. This letter is only an assessment of
UMC Inc's and UMC Real Estate LLC's ability to service the debt outlined in the
application and not a commitment to lend from Associated Bank. The final approval of
the Forgivable Loan application and Tax Abatement application will be necessary for
final approval to make a commitment.
Sincerely,
Peter Bridston
Senior Vice President
Corporate Banking
Associated Bank
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At UMC, we are constantly innovating to transform today's cutting edge precision manufacturing
into tomorrow's standard.
UMC is a proud American company working to establish ourselves as true innovators and
thought -leaders operating on the cutting edge of our industry. We are a passionate team of
experts producing highly complex parts. For us, it's all about the people behind the products.
From tight tolerances to open collaboration, UMC is your go -to resource for manufacturing
expertise.
Since our humble beginnings in 1968, UMC has sought to devise new processes, search for
solutions and explore new technology to meet the increasing expectations of our customers. It
has been this quest for quality and efficiency that has driven us to transform from a traditional
machine shop to a next generation leader in precision manufacturing working to solve some of
the toughest manufacturing challenges facing our customers.
From a small, traditional machine shop, started in a garage, to their current, 75,000 sq.ft. state
of the art facility, UMC is a leader in precision manufacturing, located in Monticello, MN. Having
been located in Monticello since 2003, UMC services focus on the top manufacturers in the
medical industry, continuously enhances their operational systems and develops their
leadership. This has resulted in aggressive growth over the years. In fact, UMC's revenue has
quadrupled since 2003.
UMC is growing at a rapid rate, and has been working on finding the perfect solution to address
their growth. With 190 full time employees, they have nearly maxed out their capacity at their
current location, and wants to build a second building. This second building will support their
continued growth, and allow them to add to their aviation fuel delivery manufacturing. Looking
ahead, UMC plans to double in size over the next five years, resulting in nearly a 10% increase
in revenue, and an addition of 100-125 new employees. Projections indicate the potential to
grow to a $100 million/year company, which would add an additional 100+ employees.
UMC's proposed expansion will be comprised of roughly 50,800 square feet of space for
manufacturing, office, as well as a two story "link" connecting the new facility and existing facility
to create a new "UMC Campus." Without the proposed increment financing, the expansion to a
campus facility is not financially viable and the company's remaining option to grow would be
relocating to a single, larger facility outside the Monticello community.
The proposed project is currently in the PUD review process due to the "campus" design needs.
The proposed design fits well within the city's land use and zoning and we do not expect any
major hurdles as the project progresses through the planning and zoning process.
Richard (Dick) J. Salonek
dicksalonek@ultramc.com
763.271.5219
A seasoned and mature leader experienced at gathering and evaluating financial information and
making actionable recommendations. Demonstrated excellence in managing finance, accounting,
budgeting, control, and reporting. A collaborative and flexible style, with a strong service mentality. A
true business partner to senior leadership.
PROFESSIONAL EXPERIENCE
UMC, Inc. Monticello, MN
Director of Finance 2003 -present
Controller 1995-2003
Accountant 1992-1995
EDUCATION
University of Saint Thomas
Mini -Masters -Lean Enterprise
University of Saint Thomas
Mini -Masters- Strategic Planning
Saint John's University
Bachelor of Arts (BA), Accounting
CERTIFICATIONS
Certificate, Certified Management Accountant (IMA)
Certificate, Six Sigma Green Belt
Licensed Analyst, Predictive Index (Workplace Behavior Assessment Tool)
St. Paul, MN
2006
St. Paul, MN
2004
Collegeville, MN
1988-1991
Donald Tomann
dontomann@ultramc.com
763.271.5200
A strategic thinker and visionary that has spent the past 25+ years building and directing the operations
at UMC. A history of success founded on integrity and servant leadership. A strong advocate for family-
owned businesses and the role they play in strengthening our communities.
PROFESSIONAL EXPERIENCE
UMC, Inc. Monticello, MN
Chief Executive Officer 2012 -present
President 1997-2012
Vice President 1995-1997
Sales 1992-1995
Jaclyn K. Dukowitz
jacidukowitz@ultramc.com
763.271.5278
A trusted manufacturing executive focused on the execution of human capital management strategies
to enhance business results. An excellent communicator & relationship builder with a passion for
operational excellence. A vocal, recognized leader in national & local workforce development initiatives.
PROFESSIONAL EXPERIENCE
UMC, Inc. Monticello, MN
Chief Operating Officer 2018 -present
Director of Sales, Marketing, HR & Development 2017-2018
Director of HR & Administration 2014-2017
Human Resources Manager 2013-2014
Senior Human Resources Generalist 2011-2013
TEACHING EXPERIENCE
Hennepin Technical College, St. Cloud Technical College, St. Cloud
State University, University of St. Thomas
Guest Lecturer, Various Departments 2017 -Present
Minnesota School of Business Elk River, MN
Adjunct Instructor, Business Department 2010-2015
ADDITIONAL EXPERIENCE
Anderson Trucking Service, Inc.
St. Cloud, MN
MACC CommonWealth/Pillsbury United Communities
Minneapolis, MN
Datalink Corporation
Edina, MN
EDUCATION
Capella University
Minneapolis, MN
Doctorate of Philosophy (PhD), Organizational Management
ABD, 2014
Concordia University
St. Paul, MN
Master of Arts (MA), Organizational Management & HR
2006
Metropolitan State University
St. Paul, MN
Bachelor of Science (BS), Human Resource Management
2004
University of Minnesota
Minneapolis, MN
Generals with emphasis in Psychology & Spanish
1997-2001
CERTIFICATIONS & AWARDS
2018: Women in Business Honoree, Minneapolis St. Paul Business Journal
2017: Manufacturing Emerging Leader, Minnesota Business Magazine
Certificate, Senior Certified Professional (SHRM-SCP)
Certificate, Senior Professional of Human Resources (SPHR)
Certificate, Project Management for HR Professionals
Licensed Analyst, Predictive Index (Workplace Behavior Assessment Tool)
BOARD MEMBERSHIP
Board Member, Minnesota Precision Manufacturing Association 2017 -Present
02-26-20
UMC Expansion Project Timeline of Events and Milestones v7
Calendar Year 2019 — Actual Activities -Milestones
7-31-19 - EDA recommends City Council call for a TIF Public Hearing (Resolution #2019-
06)
8-12-19 - City Council calls for TIF PH (Resolution # 2019-55)
8-14-19 - Non -Binding Letter of Intent between EDA and UMC, Inc. approved by EDA
8-14-19 - EDA accepts TIF application in concept
8-14-19 - EDA recommends City Council approval of MIF application to MN -DEED
8-14-19 - EDA recommends City Council approval of JCF application to MN -DEED
8-26-19 - City Council authorizing MIF Community Needs Public Hearing by Resolution
8-28-19 - Joint EDA and City Council Mtg to discuss global UMC project elements and
Tax Abatement
08-30-19 - Last day to provide MIF PH Notice to Official Newspaper
09-03-19 — Planning Commission review and approval of proposed TIF District
09-05-19 — MIF PH Notice Published in Official Newspaper
09-05-19 - TIF PH Notice to Newspaper
09-09-19 - City Council - MIF PH opened and continued to 09-23-19
09-12-19 - TIF PH Notice Published in Newspaper
09-23-19 - City Council — MIF PH; continued to 10-14-19
09-23-19 - City Council - TIF PH; opened and continued to 10-14-19
10-14-19 - City Council - MIF PH; continued to 10-28-19
10-14-19 - City Council — TIF PH; continued to 10-28-19
10-28-19 - City Council — MIF PH; continued to 11-12-19
10-28-19 - City Council — TIF PH; continued to 11-12-19
11-12-19 - City Council — TIF PH; Continued to 11-25-19
11-12-19 - City Council — MIF PH; Continued to 11-25-19
11-13-19 — EDA considers Purchase Agreement for acquisition of 7.39 -acre parcel of
land from SW — Monticello Ind. Park, LLC by Resolution
11-15-19 - Desired final Application Turn In date to City (MIF, TIF and JCF, Business
Subsidy Applications)
11-15-19 - Begin formatting and completing MIF Application
11-15-19 - Distribute TIF application submittal to Tammy O. and Martha I.
11-25-19 — City Council — MIF PH; Council approves submittal of MIF application by
Resolution
11-25-19 — City Council — TIF PH; City Council consideration of establishing ED TIF
Dist. #1-41 and TIF Plan by Resolution
12-09-19 - City Council considers JCF application submittal by Resolution
Calendar Year 2020 — Scheduled Activities -Milestones
01-17-209 — Submittal of MIF Application Packet w CC Resolution to MN -DEED
02-26-20
01-23-20 — Submittal of JCF Application Packet w CC Resolution to MN -DEED
01-27-20 — Last day for Combined Land Sale and Business Subsidy PH Notice to be
provided to Official Newspaper
01-30-20 — EDA Combined Land Sale and Business Subsidy PH Notice published in
Official Newspaper
02-11-20 — MIF and JCF Award Letters -Notices arrive
02-12-20 — EDA opens Business Subsidy Public Hearing for TIF District #1-41; accepts
comments and continues until 2-26-20
02-12-20 — EDA opens Land Sale Public Hearing; accepts comments and continues until
2-26-20
02-24-20 — Business Subsidy—MIF Award Public Hearing Notice, to be held by City Council,
provided to newspaper
02-26-20 — EDA re -opens Business Subsidy Public Hearing and considers adopting
Resolution #2020-01 approving TIF District #1-41 TIF Plan
02-26-20 — EDA re -opens Land Sale Public Hearing and considers adopting Resolution
#2020-02 approving Purchase and Development Contract with UMC Real Estate,
LLC for 7.39 -acre parcel and approval of Business Subsidy Agreement and
deferred 2nd Real Estate Mortgage on development parcel in the amount of
$300,000
02-26-20 — EDA considers adopting Resolution #2020-03 approving an Interfund Loan
authorizing expenditures for eligible costs related to proposed minimum
improvements in TIF District #1-41 and future reimbursements from TIF District
#141 increments
02-26-20 — EDA considers adopting Resolution #2020-04 approving an Interfund Loan from
pre -1990 TIF District #1-6 to support the purchase of land acquisition costs of
7.39 -acre development parcel
02-27-20 — MIF Award Business Subsidy Public Hearing Notice publication date
02-28-20 - Purchase and Development Agreement Executed between UMC and EDA
(recorded if need be)
03-09-20 — City Council holds Public Hearing for Business Subsidy related to $300,000
MIF Award - UMC Expansion for equipment purchases
03-09-20 - City Council considers MN -DEED MIF Grant Contract by Resolution
03-10-20 - Submittal of executed MIF Contract to MN -DEED for final signatures
03-11-20 — EDA considers MIF Forgivable Loan Agreement w UMC by Resolution
03-22-20 — Fully executed MIF Funding Contract arrives; all project expenditures can
commence
04-01-20 - EDA Land Purchase (7.39 -acre parcel) Closing Transaction Title conveyed to
EDA
04-01-20 - Land Sale (7.39 -acres) Closing Transaction conveying title to UMC, Inc.
04-28-20 - Construction of 52,000 square foot UMC facility begins (lasting 7 to 8
months)
06-22-20 — TIF District #141 Documentation certifying the District with Wright County
is completed by Northland Securities
08-15-20 - Closing on EDA -$300,000 MIF Forgivable Loan with UMC, Inc. (equipment)
09-10-20 - Equipment purchases commence
02-26-20
12-30-20 — Certificate of Occupancy issued for new 52,000 square foot light
manufacturing facility
12-31-20 — City requests MIF funding draw from MN -DEED for $300,000 w equipment
Proof of payment receipts
Calendar Year 2021 Scheduled Activities -Milestones
01-10-21— UMC new hires begin working at new 52,000 square foot facility
02-28-21 — UMC makes payment to EDA for land purchase funding advance (lump sum
payment of $300,000 secured by 2nd R.E. Mortgage)
04-20-21— First UMC job creation compliance report to be submitted to City; City
submits to MN -DEED
04-20-22 - Second UMC job creation compliance report to be submitted to City; City
then submits to MN -DEED
08-20-22 — MIF Contract closeout completed by City and submitted to MN -DEED
EDA Agenda: 02/26/20
8. Consideration of Adouting Resolution #2020-02 Aunrovin2 Purchase and Develobment
Contract between UMC Real Estate, LLC and City of Monticello Economic
Development Authority (EDA), the Land Sale by the EDA to UMC Real Estate, LLC
described therein, and a Business Subsidy Agreement contained within the Purchase
and Development Contract (JT)
A. REFERENCE AND BACKGROUND:
This item is to ask the EDA to consider adopting Resolution #2020-02 approving a Purchase
and Development Contract between UMC Real Estate, LLC and the EDA. The Purchase and
Development Contract covers three key elements of the UMC development proposal. The
first element is the conveyance of a 7.39 -acre parcel of land to UMC Real Estate, LLC for its
proposed 52,000 square foot expansion. The second element outlines the "Construction of
Minimum Improvements" (per submitted and approved plans) and the timeline for completion
of and occupancy of the new facility, and therein linking the development project to TIF
District #1-41 and further detailing land costs and tax increment flow to the EDA allowing it
to be reimbursed for incurred land purchase expenses. The third element comprises the
Business Subsidy Agreement as required under the Business Subsidy Act.
Under a plan of action outlined in a Letter of Intent (LOI) between the EDA and UMC, the
EDA approved entering into a Purchase Agreement with Monticello Industrial Park, Inc.
(Shawn Weinand) for a development -ready 7.39 -acre parcel, located on Chelsea Road, on
November 13, 2019 for the sole purpose of conveying the land to UMC for its proposed
expansion project. The development site is a logical choice as it is adjacent to UMC's existing
72,000 square foot production facility.
Terms of the Contract reflect that the EDA is providing a $731,000 land write down and a
funding advance of $300,000 secured by a deferred second real estate mortgage on the new
development property. UMC is required to construct a new 52,000 square foot light
manufacturing facility on the property and hire an additional 43 new FTE employees over the
next two years. The estimated value of the new facility is approximately $5,200,000. The
projected tax increment flow over the 9 -year life of the District will allow the EDA to be fully
reimbursed for its land write down. A summary of Contract Terms is shown below:
A. EDA to acquire 7.39 -acre parcel along Chelsea Road for $1,031, 000.
B. EDA agrees to convey 7.39 -acre parcel to UMC Real Estate, LLC for $300,000.
C. EDA provides funding advance to UMC Real Estate, LLC in the amount of $300,000.
D. UMC Real Estate agrees to provide the EDA a deferred 2nd Mortgage on the
development property in the amount of $300,000.
E. EDA provides a TIF Land Write Down in the amount of $731,000
F. UMC Real Estate, LLC agrees to construct a 52,000 square foot light manufacturing
facility on the development property
G. UMC Real Estate to commence construction in late April 2020 and complete
construction of new facility by December 30, 2020
H. UMC agrees to create 43 new FTE jobs with average wages of $17.00 +A per hour
L UMC to utilize $300,000 forgivable MIF Loan to buy new equipment and place into
1
EDA Agenda: 02/26/20
service in new facility after building occupancy is allowed.
J. UMC Real Estate, LLC agrees to repay the EDA its $300,000 funding advance on or
before February 28, 2021
K. UMC to maintain 43 newly hired workers at stated wages at the site for S years.
L. UMC to cooperate with City Staff to complete annual job creation compliance reports.
M. UMC agrees to reimburse the EDA $40,000 in earnest money if the proposed
development project is cancelled or abandoned after execution of the Development
Contract.
N. Land Conveyance closing date is on or before April IS, 2020.
UMC's development proposal is sizeable, involving new construction and significant
equipment purchases. The cost estimates for all project components is approximately
$10,831,000 +/-. Due to the project size and scope, use of available MN -DEED programs
such as Minnesota Investment Fund (MIF) and Job Creation Fund (JCF) were sought and
approved (see award letters) to further support the project. A Sources and Uses table for the
expansion project is shown below:
Sources Amount
Bank $ 7,333,800
TIF - land write down 7.39 acres $ 731,000
EDA - Deferd 2nd R.E. Mortg. - land $ 300,000
MIF - Equipment $ 300,000
Owner Equity $ 2,166,200
Total $10,831,000
Uses Amount
Land Acquisition
$
1,031,000
Site Improvements
$
500,000
New Construction
$
6,000,000
Machinery & Equip.
$
3,300,000
Total
$10,831,000
The Business Subsidy Public Hearing and Land Sale Public Hearing are required to be held
prior to adopting Resolution #2020-02. Both hearings were opened at the February 12, 2020
EDA meeting and continued to the February 26, 2020 EDA meeting. The City Council will
also be required to hold Business Subsidy Public Hearing related to the MIF Grant assistance.
That is tentatively scheduled for the March 9, 2020 City Council meeting.
A project financing analysis shows that the TIF land write-down of $731,000 is
approximately 6.75 percent of the entire project costs. The total upfront public assistance,
MIF and TIF combined, amounts to 9.52 percent of the project costs. The Job Creation Fund
(JCF) assistance in the total amount of $175,000 will be in the form of a trailing, annual pay -
for -performance grant payable to the UMC over the next 5 years.
The proposed closing date for the 7.39 -acre land purchase from Monticello Industrial Park,
Inc. and the simultaneous conveyance to UMC is expected to occur on or before April 15,
2020. UMC's target construction start date is April 25, 2020. The construction timeline will
run from late April until December 30, 2020.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110 to
125 hours) preparing TIF Plan documents, various contracts and reports for review and
2
EDA Agenda: 02/26/20
consideration by the EDA and City Council. Even though UMC's proposal is complicated,
and as such requires a higher level of staff time and review for the all documents and action
steps to be drafted, reviewed and scheduled, the current staff involved is sufficient to
complete the final review and approval steps.
A2. BUDGET IMPACT: The largest budgetary impact related to EDA consideration of
Resolution #2020-02 approving the Purchase and Development Contract involves two key
financial considerations. First is the funding impacts from the actual purchase of the property.
The EDA is sourcing the $1,031,000 purchase price for the 7.39 -acre tract of land from pre -
1990 TIF District #1-6 (no pooling limitations) and the EDA General Fund. Currently, TIF
District #1-6 has a balance of $702,400 +/-. The $40,000 earnest money deposit payment
(paid on 11-14-2019) was also sourced from TIF District #1-6. The EDA General Fund
contribution will for the land purchase will be $300,000. Closing costs are not factored into
the total which will increase the amount needed from the General Fund by about $2,500 +/-.
The second area of financial impact is in the realm of consultant costs which consist of legal
and financial advisor expenses. UMC has deposited $20,000 into an escrow account with the
City to cover these fees. If the expenses exceed this level, a request for additional funding
will be presented to them at the appropriate time.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution #2020-02 approving a Purchase and Development Contract
between UMC Real Estate, LLC and the EDA, the Land Sale by the EDA to UMC
described therein, and a Business Subsidy Agreement contained within the Purchase and
Development Contract.
2. Motion to deny adoption of Resolution #2020-02 approving a Purchase and Development
Contract between UMC Real Estate, LLC and the EDA, the Land Sale by the EDA to
UMC described therein, and a Business Subsidy Agreement contained within the Purchase
and Development Contract.
3. Motion to table consideration of Resolution #2020-02 for further research and/or
discussion.
C. STAFF RECOMMENDATION:
Staff recommends Alternative #1. UMC is proposing a sizeable physical expansion on a site
adjacent to its existing facility located at 500 Chelsea Road. The total investment for the
project is estimated to be $10,831,000 +/-. The Purchase and Development Contract reflects
the negotiations between UMC and EDA staff. In exchange for a TIF land write down in the
amount of $731,000, UMC will construct a new 52,000 square foot facility and hire 43
additional FTE employees over the next two years. It should also be noted that UMC has said
that it will create an additional 17 jobs (grand total of 60) by the end of year three post
completion of the development.
UMC's expansion project will further solidify its presence in the City of Monticello over the
EDA Agenda: 02/26/20
long term and strengthen the local economy. It is currently the fifth largest employer in the
City with about 205 FTE employees. With the 43 new FTE jobs, plus an additional 17, the
direct payroll impacts are projected to increase by nearly $3,000,000 annually. The estimated
property tax revenue (under current statutes) will be in excess of $101,500 per year.
D. SUPPORTING DATA:
A. Resolution #2020-02
B. Purchase and Development Contract
C. Combined Business Subsidy and Land Sale Public Hearing Notice
D. TIF District #1-6 Information Summary (2016 TIF Management Plan)
E. MIF Award Letter
F. JCF Award Letter
G. UMC Earnest Money Letter
4
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2020-02
RESOLUTION APPROVING PURCHASE AND DEVELOPMENT
CONTRACT BETWEEN THE CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY AND UMC REAL ESTATE, LLC, AND
APPROVING THE BUSINESS SUBSIDY AGREEMENT AND
CONVEYANCE OF LAND PROVISIONS CONTAINED THEREIN.
BE IT RESOLVED by the Board of Commissioners ("Board") of the City of Monticello
Economic Development Authority ("Authority") as follows:
Section 1. Recitals.
1.01. The Authority currently administers the Central Monticello Redevelopment Project
No. 1 (the "Project") within the City of Monticello (the "City"); and has heretofore approved the
creation of Tax Increment Financing District No. 1-41 (the "TIF District") within the Project, all
pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794, as
amended.
1.02. To facilitate development of certain property in the TIF District, the Authority
proposes to enter into a Purchase and Development Contract (the "Contract") between the Authority
and UMC Real Estate, LLC (the "Developer"), under which among other things the Authority will
convey to the Developer certain property described as Lot 2, Block 1, Monticello Commerce Center
Sixth Addition, Wright County, Minnesota (the "Development Property") at a cost below market
value.
1.03. The land write-down under the Contract constitutes a "business subsidy" exceeding
$150,000 within the meaning of Minnesota Statutes, Section 1161993 to 116J.995 (the "Business
Subsidy Act").
1.04. The "business subsidy agreement" as required under the Business Subsidy Act is
included as one section of the Contract, and the Authority has on this date conducted a duly noticed
public hearing regarding both the sale of the Development Property to the Developer and the
business subsidy agreement, at which all interested persons were given an opportunity to be heard.
1.05. On August 6, 2019, the Planning Commission of the City reviewed the proposed
conveyance and found that it complies with the City's comprehensive plan.
1.06. The Authority fmds and determines that conveyance by the Authority of the
Development Property to the Developer is for a public purpose and is in the public interest because
it will further the objectives of the Project, will facilitate the expansion of a successful business and
the creation of new jobs in the City, and will increase the tax base.
633750v1MN190-160
Section 2. Contract containing Business Subsidy and Land Sale Approved, Further
Proceedings.
2.01. The Board approves the Contract as presented to the Board, including the business
subsidy agreement and provisions for the conveyance of the Development Property therein, subject
to approval by the City Council of the business subsidy and subject to modifications that do not alter
the substance of the transaction and that are approved by the President and Executive Director,
provided that execution of the documents by those officials shall be conclusive evidence of their
approval.
2.02. Authority staff and officials are authorized to take all actions necessary to perform
the Authority's obligations under the Contract as a whole, including without limitation execution of
any deed or other documents necessary to convey the Development Property to the Developer.
Approved by the Board of Commissioners of the City of Monticello Economic
Development Authority this 12th day of February, 2020.
President
ATTEST:
Executive Director
633750v1MN190-160 2
FiretSecond draft: 3anti "Februar", 2020
PURCHASE AND DEVELOPMENT CONTRACT
By and Between
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
and
UMC REAL ESTATE, LLC
Dated as of: 12020
This document was drafted by:
KENNEDY & GRAVEN, Chartered (MNl)
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
Telephone: 337-9300
629083v-12MN190-160
TABLE OF CONTENTS
Page
PREAMBLE 1
ARTICLE I
Definitions
Section 1.1. Definitions 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority 5
Section 2.2. Representations and Warranties by the Developer 5
ARTICLE III
Acquisition and Conveyance of Development Property
Section 3.1.
Conveyance of the Development Property
7
Section 3.2.
Purchase Price; Provisions for Payment
7
Section 3.3.
Conditions of Conveyance
7
Section 3.4.
Place of Document Execution, Delivery and Recording, Costs
8
Section 3.5.
Title
8
Section 3.6.
Soil and Environmental Conditions
9
Section 3.7.
Advance of Land and Other Costs; Tax Increment Interfund Loan
9
Section 3.8
Business Subsidy Agreement --------------------------------------------------------------------------------------------------------------------------------
--------------------------------
10
Section 3.9
Payment of Administrative Costs
12
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements 13
Section 4.2. Construction Plans 13
Section 4.3. Commencement and Completion of Construction14
---------------------------------------------------------------------------
Section 4.4. Certificate of Completion 14
Section 4.5. Drainage and Utility Easement 14
ARTICLE V
Insurance
Section 5.1. Insurance 16
Section 5.2. Subordination 17
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ARTICLE VI
Delinquent Taxes and Review of Taxes
Section 6.1. Right to Collect Delinquent Taxes 18
Section 6.2. Review of Taxes 18
Section6.3 Assessment Agreement------------------------------------------------------------------------------------------------------------------------------------------------18
ARTICLE VII
Financing
Section 7.1. Financing 19
Section 7.2. Authority's Option to Cure Default on Mortgage 19
Section 7.3. Subordination and Modification for the Benefit of Mortgagee 19
ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development 21
Section 8.2. Prohibition Against Developer's Transfer of Property and
Assignment of Agreement 21
Section 8.3. Release and Indemnification Covenants 22
ARTICLE IX
Events of Default
Section 9.1.
Events of Default Defined
24
Section 9.2.
Remedies on Default
24
Section 9.3.
Revesting Title in Authority Upon Happening of Event Subsequent to
28
Section 10.4.
Conveyance to Developer
24
Section 9.4.
Resale of Reacquired Property; Disposition of Proceeds
26
Section 9.5.
No Remedy Exclusive
26
Section 9.6.
No Additional Waiver Implied by One Waiver
27
ARTICLE X
Additional Provisions
Section 10.1.
Conflict of Interests; Authority Representatives Not Individually Liable
28
Section 10.2.
Equal Employment Opportunity
28
Section 10.3.
Restrictions on Use
28
Section 10.4.
Provisions Not Merged With Deed----------------------------------------------------------------------------------------------------------------28
Section 10.5.
Titles of Articles and Sections
28
Section 10.6.
Notices and Demands
28
Section 10.7.
Counterparts - --------------------------------------------------------------------------
29
Section10.8.
Recording--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
29
Section 10.9
Amendment
29
Section 10.10
Authority or City Approvals---------------------------------------------------------------------------------------------------------------------------------29
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Section 10. 11 Termination
Section 10.12 Choice of Law and Venue
TESTIMONIUM
SIGNATURES
SCHEDULE A
Description of Development Property
SCHEDULE B
Form of Quit Claim Deed
SCHEDULE C
Resolution approving Interfund Loan
SCHEDULED
Certificate of Completion
SCHEDULE E
Assessment Agreement
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29
29
S-1
S-1
PURCHASE AND DEVELOPMENT CONTRACT
THIS AGREEMENT, made on or as of the _ day of , 2020, by and
between THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a
public body corporate and politic and political subdivision of the State of Minnesota (the
`Authority'), and UMC REAL ESTATE, LLC, a Minnesota limited liability company (the
`Developer').
WITNESSETH:
WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello
(the `PIRA') has undertaken a program to promote economic development and job opportunities
and to promote the redevelopment of land which is underutilized within the City of Monticello
(the "City'), and in this connection created a development project known as the Central
Monticello Redevelopment Project No. 1 (the `Redevelopment Project') pursuant to Minnesota
Statutes, Sections 469.001 to 469.047 (the `PIRA Act'); and
WHEREAS, in 2007, by an Amended and Restated Enabling Resolution, the City
transferred all HRA powers to the Authority, and the Authority accepted such transfer of powers,
including control and administration of the Redevelopment Project; and
WHEREAS, pursuant to its powers under Minnesota Statutes, Sections 469.090 to
469.1081 (the `EDA Act') and the HRA Act, the Authority is authorized to acquire real property,
or interests therein, and to undertake certain activities to facilitate the development of real
property by private enterprise; and
WHEREAS, the Authority has acquired or will acquire certain property described in
Schedule A (the `Development Property') within the Redevelopment Project, and intends to
convey that property to the Developer for development of certain improvements described
herein; and
WHEREAS, the Authority and City have approved a Tax Increment Financing Plan for
Tax Increment Financing District No. 1-41 (the `TIF District') pursuant to Minnesota Statutes,
Sections 469.174 to 469.1794, as amended (the `Tax Increment Act'), made up of the
Development Property; and
WHEREAS, the Authority believes that the development of the Development Property
pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best
interests of the City and the health, safety, morals, and welfare of its residents, and in accord with
the public purposes and provisions of the applicable State and local laws and requirements under
which the Project has been undertaken and is being assisted.
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:
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ARTICLE I
Definitions
Section I.I. Definitions. In this Agreement, 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.
"Authority" means the City of Monticello Economic Development Authority, or any
successor or assign.
`Authority Representative" means the Executive Director of the Authority, or any person
designated by the Executive Director to act as the Authority Representative for the purposes of
this Agreement.
`Business Subsidy Act" means Minnesota Statutes, Section 116J.993 to 116J.995, as
amended.
"Certificate of Completion" means the certification provided to the Developer, or the
purchaser of any part, parcel or unit of the Development Property, pursuant to Section 4.4 of this
Agreement.
"City"means the City of Monticello, Minnesota.
"Closing"has the meaning provided in Section 3.3(b).
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Developer on the Development Property which (a)
shall be as detailed as the plans, specifications, drawings and related documents which are
submitted to the appropriate building officials of the City, and (b) shall include at least the
following for each building: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4)
elevations (all sides); (5) landscape plan; and (6) such other plans or supplements to the
foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and
quality of the proposed construction work.
"County"means the County of Wright, Minnesota.
`Developer" means UMC Real Estate, LLC, a Minnesota limited liability company, or its
permitted successors and assigns.
`Development Property" means the real property described in Schedule A of this
Agreement.
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`EDA Act"means Minnesota Statutes, Sections 469.090 to 469.1081, as amended.
`EDA Mortgage" means the mortgage to be given to the Authority by the Developer as
described in Section 3.3 hereof.
`Event of Default" means an action by the Developer listed in Article IX of this
Agreement.
`Holder" means the owner of a Mortgage.
`PIRA Act"means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
`interfund Loan" has the meaning provided in Section 3.7 and Schedule C.
`Minimum Improvements" means the construction on the Development Property of an
approximately 52,000 square -foot light manufacturing facility, including office space necessary
for and related to such activities.
`Mortgage" means any mortgage made by the Developer which is secured, in whole or in
part, with the Development Property and which is a permitted encumbrance pursuant to the
provisions of Article VIII of this Agreement.
`Preliminary Agreement" means the Letter of Intent between the Authority and the
Developer dated as of August 15, 2019.
`Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment
Project, as amended.
No. 1.
`Redevelopment Project" means the Authority's Central Monticello Development Project
"State"means the State of Minnesota.
`Tax Increment" means that portion of the real property taxes which is paid with respect
to the Development Property and which is remitted to the Authority as tax increment pursuant to
the Tax Increment Act.
`Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 to 469.1799, as amended.
`Tax Increment District" or `TIF District" means the Authority's Tax Increment Financing
District No. 1-41.
`Tax Increment Plan" or `TIF Plan" means the Authority's Tax Increment Financing Plan
for Tax Increment Financing District No. 1-41, as approved by the City on November 25, 2019
and by the Authority on , 2020, and as it may be amended from time to time.
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`Tax Official" means any County assessor; County auditor; County or State board of
equalization, the commissioner of revenue of the State, or any State or federal district court, the
tax court of the State, or the State Supreme Court.
`Termination Date" means the earlier of (a) date of the Authority's last receipt of Tax
Increment from the TIF District in accordance with Section 469.176, subd. lb(3) of the TIF Act,
currently projected to be February 1, 2031, or (b) the date the Interfund Loan has been paid in
full, defeased, or terminated in accordance with the terms of the resolution set forth in Schedule
C.
`Unavoidable Delays" means delays beyond the reasonable control of the parry seeking to
be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor
troubles, shortages of materials, unusually severe or prolonged bad weather, acts of Godfire or
other casualty to the Minimum Improvements, litigation commenced by third parties which, by
injunction or other similar judicial action, directly results in delays, or acts of any federal, state or
local governmental unit (other than the Authority in exercising its rights under this Agreement)
which directly result in delays. Unavoidable Delays shall not include delays in the Developer's
obtaining of permits or governmental approvals necessary to enable construction of the
Minimum Improvements by the dates such approval and construction is required under Sections
4.2 and 4.3 of this Agreement.
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ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority. The Authority makes the following
representations as the basis for the undertaking on its part herein contained:
(a) The Authority is an economic development authority duly organized and existing
under the laws of the State. Under the provisions of the Act, the Authority has the power to enter
into this Agreement and carry out its obligations hereunder.
(b) The activities of the Authority are undertaken to foster the development of certain
real property which for a variety of reasons is presently underutilized, to create increased tax base
and employment in the City, and to stimulate further development of the Redevelopment Project
as a whole.
(c) The Authority will th the Deyel,.penj v he ff�rt� in facilitating any
LL.l 1. Ill..1L e_____.
Developer requests for land use approvals, including conditional use permits and rezoning,
necessary for the construction of the Minimum Improvements.
Section 2.2. Representations and Warranties by the Developer. The Developer
represents and warrants that:
(a) The Developer is a limited liability company duly organized and in good standing
under the laws of the State, is not in violation of any provisions of its articles of organization or
the laws of the State, is duly authorized to transact business within the State, has power to enter
into this Agreement and has duly authorized the execution, delivery and performance of this
Agreement by proper action of its officers.
(b) If the Developer acquires the Development Property in accordance with this
Agreement, the Developer will construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement, the Development Plan and all amicable local,
state and federal laws and regulations (including, but not limited to, environmental, zoning,
building code and public health laws and regulations).
(c) The Developer has received no notice or communication from any local, state or
federal official that the activities of the Developer or the Authority in the Project Area may be or
will be in violation of any environmental law or regulation (other than those notices or
communications of which the Authority is aware). The Developer is aware of no facts the
existence of which would cause it to be in violation of or give any person a valid claim under any_
lana icablc local, state or federal environmental law, regulation or review procedure.
(d) The Developer will construct the Minimum Improvements in accordance with all
local, state or federal energy -conservation laws or regulations.
s
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(e) The Developer will use commercially reasonable efforts to obtain, 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 Minimum Improvements may be lawfully constructed.
(f) 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 partnership or company restriction or any evidences 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.
(g) The proposed development by the Developer hereunder would not occur but for
the tax increment financing assistance being provided by the Authority hereunder.
(h) The Developer is not currently in default under any business subsidy agreement
with any grantor, as such terms are defined in the Business Subsidy Act.
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ARTICLE III
Acquisition and Conveyance of Development Property
Section 3.1. Conveyance of the Development Property.
(a) As of the date of this Agreement, the Authority has entered into a purchase
agreement to acquire the Development Property. The Authority will convey title to and possession
of the Development Property to the Developer, subject to all the terms and conditions of this
Agreement. The parties agree and understand that this Agreement supersedes in all respects the
Preliminary Agreement.
(b) On or before Closing, the Developer shall prepare and use its best efforts to obtain
all necessary land use approvals for construction of the Minimum Improvements on the
Development Property, including without limitation final City approval of a planned unit
development (`PUD') of the Development Property, at the Developer's cost and subject to all City
ordinances and procedures and otherwise reasonably acceptable to the Developer. Nothing in this
Agreement is intended to limit the City's authority in reviewing the Developer's PUD application,
or to preclude revisions requested or required by the City, provided such review and requested or
required revisions are consistent with preliminary approvals by the City.
Section 3.2. Purchase Price: Provisions for Payment. The purchase price to be paid to the
Authority by the Developer in exchange for the conveyance of the Development Property is
$300,000.00 (the `Purchase Price'). The parties agree and understand the fair market value of the
Development Property, based on the purchase price paid for the Development Property by the
Authority, is $1,031,000.00, and that the Purchase Price represents a land write-down of
$731,000.00. To secure the full payment of the Purchase Price, the Developer will provide a
promissory note secured by a mortgage lien on the Development Property in favor of the
Authority in the principal amount of $300,000.00 at Closing, which mortgage lien shall be
subordinate to any mortgage provided under the terms of Section 7.3 hereof. The promissory
note shall not bear interest. The full amount of the Purchase Price shall be payable by the
Developer in cash or by certified check on or before February 28, 2021.
Section 3.3. Conditions of Conveyance.
(a) The Authority shall convey marketable title to and possession of the Development
Property to the Developer by a quitclaim deed substantially in the form of the deed attached as
Schedule B to this Agreement. The Authority's obligation to convey the Development Property to
the Developer is subject to satisfaction of the following terms and conditions:
(1) The Authority having approved Construction Plans for the Minimum
Improvements in accordance with Section 4.2.
(2) The Authority having reviewed and approved financing for construction of
the Minimum Improvements in accordance with Article VII hereof, and the Developer
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having closed on such permanent financing at or before Closing on transfer of title to the
Development Property to the Developer.
(3) The Developer having reviewed and approved (or waived objections to) title
to the Development Property as set forth in Section 3.5.
(4) The Developer having reviewed and approved (or waived objections to) soil
and environmental conditions as set forth in Section 3.6.
(5) No uncured Event of Default under this Agreement.
Conditions (1), (2), and (5) are solely for the benefit of the Authority, and may be waived by the
Authority. Conditions (3) and (4) are solely for the benefit of the Developer, and may be waived by
the Developer.
(b) The closing on conveyance of the Development Property from the Authority to the
Developer shall occur upon satisfaction of the conditions specified in this Section, but no later than
April 451 2020 or at -such earliMater date as the parties hereto agree in writing (`Closing').
Section 3.4. Place of Document Execution, Delivery and Recording Costs.
(a) Unless otherwise mutually agreed by the Authority and the Developer, the execution
and delivery of all deeds, documents and the payment of any purchase price shall be made at the
offices of the title company selected by Developer or such other location to which the parties may
agree.
(b) The deed shall be in recordable form and shall be promptly recorded in the proper
office for the recordation of deeds and other instruments pertaining to the Development Property.
At Closing, the Developer shall pay recording costs for the deed (excluding state deed tax), title
insurance commitment fees and premiums, if any, title company closing fees, if any, and property
taxes due and payable in 2020 prorated from the date of Closing.
(c) At Closing the Authority shall pay or cause to be paid the state deed tax, costs of
recording any instruments used to clear title encumbrances, property taxes due and payable in
2020 prorated to the date of Closing, and all outstanding or pending special assessments against
the Development Property.
Section 3.5. Title.
(a) As soon as practicable after the date of this Agreement, the Developer shall obtain a
commitment for the issuance of a policy of title for the Development Property. The Developer way
also obtain a survey of the Development Prom, at Developer's sole cost. The Devdpo r shall
have twenty (20) days from the date of its receipt of such commitment or survey, whichever is later,
to review the state of title to the Development Property and to provide the Authority with a list of
written objections to such title. Upon receipt of the Developer's list of written objections, the
Authority shall proceed in good faith and with all due diligence to attempt to cure the objections
629083v-12MN190-160
made by the Developer. In the event that the Authority has failed to cure objections within sixty
(60) days after its receipt of the Developer's list of such objections, the Developer may by the giving
of written notice to the Authority (i) terminate this Agreement, upon the receipt of which this
Agreement shall be null and void and neither party shall have any further liability hereunder except
for Developer's obligations to pay Administrative Costs under Section 3.9(a) hereof, or (ii) waive
the objections and proceed to Closing. The Authority shall have no obligation to take any action to
clear defects in the title to the Development Property, other than the good faith efforts described
above.
(b) The Authority shall take no actions to encumber title to the Development Property
between the date of this Agreement and the time the deed is delivered to the Developer. The
Authority expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Development Property prior to Closing. Upon Closing, the Authority
is obligated to pay all costs to discharge any encumbrances to the Development Property
attributable to actions of the Authority, its employees, officers, agents or consultants, including
without limitation any architect, contractor and or engineer.
(c) The Developer shall take no actions to encumber title to the Development Property
between the date of this Agreement and the time the deed is delivered to the Developer. The
Developer expressly agrees that it will not cause or permit the attachment of any mechanics,
attorneys, or other liens to the Development Property prior to Closing. Notwithstanding
termination of this Agreement prior to Closing, Developer is obligated to pay all costs to discharge
any encumbrances to the Development Property attributable to actions of Developer, its employees,
officers, agents or consultants, including without limitation any architect, contractor and or
engineer.
Section 3.6. Soils, Environmental Conditions.
(a) Before closing on conveyance of the Development Property from the Authority to
the Developer, the Developer may enter the Development Property and conduct any other
environmental or soils studies deemed necessary by the Developer. If, at least 10 days before
Closing the Developer determines that hazardous waste or other pollutants as defined under federal
and state law exist on the property, or that the soils are otherwise unsuitable for construction of the
Minimum Improvements, the Developer may at its option terminate this Agreement by giving
written notice to the Authority, upon receipt of which this Agreement shall be null and void and
neither party shall have any liability hereunder, except for Developer's obligation to pay
Administrative Costs pursuant to Section 3.9(a) hereof.
(b) The Developer acknowledges that the Authority makes no representations or
warranties as to the condition of the soils on the Development Property or its fitness for
construction of the Minimum Improvements or any other purpose for which the Developer may
make use of such property. The Developer further agrees that it will indemnify, defend, and hold
harmless the Authority, the City, and their governing body members, officers, and employees, from
any claims or actions arising out of the use, generation, storage or disposal of hazardous wastes or
pollutants on the Development Property during the time Developer owns the Development
Property.
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Section 3.7. Advance of Land and other Costs; Tax Increment Interfund Loan.
(a) The Authority has determined that the fair market value of the Development
Property is $1,031,000. As described in Section 3.2 hereof, the Purchase Price of the
Development Property is $300,000, representing a reduction of $731,000. In addition, the
Purchase Price shall be deferred as described in Section 3.2 and shall not be payable until 2021.
Therefore, at Closing the Authority will forgo receipt of the full fair market value of the
Development Property, which represents an advance of Authority funds in the amount of
$1,031,000.
(b) The Authority will treat the advance described in paragraph (a) as an interfund
loan (the `Interfund Loan') within the meaning of Section 469.178, Subdivision 7 of the TIF Act.
The total original principal amount of the Interfund Loan is $1,031,000. The terms of the
Interfund Loan are described in the resolution attached as Schedule C (the `Loan Resolution').
The Authority will pledge Available Tax Increment, as defined in the Loan Resolution, to
payment of the Interfund Loan. The Developer has no rights or interest in any Tax Increment.
Upon payment of the deferred Purchase Price by the Developer, $300,000 of the Interfund Loan
will be forgiven.
Section 3.8. Business Subsidy Agreement. The provisions of this Section constitute the
`business subsidy agreement" for the purposes of the Business Subsidy Act.
(a) General Terms. The parties agree and represent to each other as follows:
(1) The subsidy provided to the Developer consists of the principal amount of the
Interfund Loan described in Section 3.7, or $1,031,000. The Interfund Loan is payable from
a portion of the Tax Increments from the TIF District, an economic development tax
increment financing district.
(2) The public purposes of the subsidy are to facilitate development of the
Minimum Improvements, thereby increasing net jobs in the City and the State and
increasing the tax base of the City and the State.
(3) The goals for the subsidy are: to secure development of the Minimum
Improvements on the Development Property; to maintain such improvements as a
manufacturing facility for the time period described in clause (6) below; and to create the
jobs and wage levels required in accordance with Section 3.8(b) hereof.
(4) If the goals described in clause (3) are not met, the Developer must make the
payments to the Authority described in Section 3.8(c).
(5) The subsidy is needed to induce Developer to locate its business at this site, as
determined by the Authority upon approval of the TIF Plan.
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(6) The Developer must continue operation of the Minimum Improvements as a
'Qualified Facility" for at least five years after the Benefit Date (defined hereinafter), subject
to the continuing obligation described in Section 10.3 of this Agreement. For the purposes
of this Section, the term Qualified Facility means a distribution, warehouse or
manufacturing facility, including office space necessary for and related to those activities,
all within the meaning of Section 469.176, subd. 4c of the TIF Act. The improvements will
be a Qualified Facility as long as the Minimum Improvements are operated by Developer or
a tenant for the aforementioned qualified uses. During any period when the Minimum
Improvements are vacant and not operated for the aforementioned qualified uses, the
Minimum Improvements will not constitute a Qualified Facility.
(7) The Developer does not have a parent corporation.
(8) The Developer expects to receive financial assistance from the State
Department of Employment and Economic Development in the amount of $300,000 for a
portion of Developer's equipment costs in connection with the development of the
Minimum Improvements on the Development Property, as well as an additional $175,000
in connection with job creation and capital investment. DEED is a "grantor" as defined in
the Business Subsidy Act,
(b) Job and Wage Goals. The `Benefit Date" of the assistance provided in this Agreement
is the earlier of the date of issuance of completion of the Minimum Improvements or the date the
Minimum Improvements are occupied by Developer or a tenant of Developer. By or before the
`Compliance Date" defined as the date two years after the Benefit Date, the Developer shall cause
to be created at least 43 full-time jobs permanent to the Development Property. The Developer
shall cause the average hourly wage of —4 of the new jobs to be at least $15 per hour,
new jobs to be at least ',_25 F- the m,er-age hou4y wage of —of the new jobs to be a4 least
$28 per-,,�,,,, and shall cause the average hourly wage of -3Q_ of the new jobs to be at least $381Z
per hour, exclusive of benefits. Notwithstanding anything to the contrary herein, if the wage and
job goals described in this paragraph are met by the Compliance Date, those goals are deemed
satisfied despite the Developer's continuing obligations under Sections 3.8(a)(6) and 3.8(d). The
Authority may, after a public hearing, extend the Compliance Date by up to one year, provided that
nothing in this section will be construed to limit the Authority's legislative discretion regarding this
matter.
In addition to the job and wage goals to be met by the Compliance Date, the Developer
agrees to cause to be created, by the date one year after the Compliance Date, at least 17 additional
full-time jobs permanent to the Development Property, for a total of at least 60 new full-time
permanent jobs. Of these additional obs, thelhe Developer shall cause the average hourly wage of
—these additional jobs to beat least $15 , the avefage haufly wage of _jobs to beat least
$20 per- heiff, the average hetffly wage of _ jobs to be a4 least $25 per- hetff, the aver -age he
wage of _ _jobs
W per hour, exclusive of benefits. The parties agree and acknowledge that any failure by the
Developer to create the additional 17 jobs at the designated wages in the year following the
Compliance Date shall constitute an Event of Default under this Agreement, but that the Authority
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shall not be authorized to pursue the remedies provided in Section 3.8(c) hereof for failure to meet
such goals.
(c) Remedies. If the Developer fails to meet the goals described in Section 3.8(a)(3), the
Developer shall repay to the Authority upon written demand from the Authority a `fro rata share" of
the outstanding principal amount of the Interfund Loan together with interest on that amount at the
implicit price deflator as provided in Section 116J.994, subd. 6 of the Business Subsidy Act,
accrued from the date of substantial completion of the Minimum Improvements to the date of
payment. The term `fro rata share" means percentages calculated as follows:
(i) if the failure relates to the number of jobs, the jobs required less the jobs created,
divided by the jobs required;
(ii) if the failure relates to wages, the number of jobs required less the number of
jobs that meet the required wages, divided by the number of jobs required;
(iii) if the failure relates to maintenance of the facility as a Qualified Facility in
accordance with Section 3.8(a)(6), 60 less the number of months of operation as a Qualified
Facility (where any month in which the Qualified Facility is in operation for at least 15 days
constitutes a month of operation), commencing on the Benefit Date and ending with the
date the Qualified Facility ceases operation as determined by the Authority Representative,
divided by 60; and
(iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable
percentages, not to exceed 100%.
Nothing in this Section shall be construed to limit the Authority's remedies under Article IX
hereof. In addition to the remedy described in this Section and any other remedy available to the
Authority for failure to meet the goals stated in Section 3.8(a)(3), the Developer agrees and
understands that it may not a receive a business subsidy from the Authority or any grantor (as
defined in the Business Subsidy Act) for a period of five years from the date of the failure or until
the Developer satisfies its repayment obligation under this Section, whichever occurs first.
(d) Reports. The Developer must submit to the Authority a written report regarding
business subsidy goals and results by no later than February 1 of each year, commencing February
1, 2021 and continuing until the later of (i) the date the goals stated Section 3.8(a)(3) are met; (ii) 30
days after expiration of the period described in Section 3.8(a)(6); or (iii) if the goals are not met, the
date the subsidy is repaid in accordance with Section 3.8(c). The report must comply with Section
1161994, subdivision 7 of the Business Subsidy Act. The Authority will provide information to
the Developer regarding the required forms. If the Developer fails to timely file any report required
under this Section, the Authority will mail the Developer a warning within one week after the
required filing date. If, after 14 days of the postmarked date of the warning, the Developer fails to
provide a report, the Developer must pay to the Authority a penalty of $100 for each subsequent day
until the report is filed. The maximum aggregate penalty payable under this Section $1,000.
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Section 3.9. Payment of Administrative Costs. The Authority acknowledges that upon
submission of its application for tax increment financing, Developer has deposited with the
Authority $20,000. The Authority will use such deposit to pay `Administrative Costs," which term
means out of pocket costs incurred by the Authority and City, all attributable to or incurred in
connection with the negotiation and preparation of the Preliminary Agreement, this Agreement, the
TIF Plan, and other documents and agreements in connection with the development of the
Development Property. At Developer's request, but no more often than monthly, the Authority
will provide Developer with a written report including invoices, time sheets or other comparable
evidence of expenditures for Administrative Costs and the outstanding balance of funds
deposited. If at any time the Authority determines that the deposit is insufficient to pay
Administrative Costs, the Developer is obligated to pay such shortfall within 15 days after receipt
of a written notice from the Authority containing evidence of the unpaid costs. If any balance of
funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of
this Agreement, the Authority shall promptly return such balance to Developer; provided that
Developer remains obligated to pay subsequent Administrative Costs related to any amendments to
this Agreement requested by Developer. Upon termination of this Agreement in accordance with
its terms, the Developer remains obligated under this section for Administrative Costs incurred
through the effective date of termination. If Developer determines to terminate this Agreement
prior to Closing, and such determination is not based on title pursuant to Section 3.5 hereof or
environmental concerns pursuant to Section 3.6 hereof, `Administrative Costs" shall be defined to
include reimbursement by the Developer to the Authority of the Authority's earnest money payment
for the Development Property in the amount of $40,000.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements. The Developer agrees that it will
construct the Minimum Improvements on the Development Property in accordance with the
approved Construction Plans and will operate and maintain, preserve and keep the Minimum
Improvements or cause the Minimum Improvements to be maintained, preserved and kept with
the appurtenances and every part and parcel thereof, in good repair and condition.
Section 4.2. Construction Plans.
(a) Before closing on conveyance of the Development Property under Article III, the
Developer shall submit to the Authority completed Construction Plans. The Construction Plans
shall provide for the construction of the Minimum Improvements and shall be in conformity with
the Development Plan, the TIF Plan, this Agreement, and all applicable State and local laws and
regulations. The Authority will approve the Construction Plans in writing if. (i) the Construction
Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans
conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iii) the
Construction Plans are adequate to provide for construction of the Minimum Improvements; (iv)
the Construction Plans do not provide for expenditures in excess of the funds available to the
Developer for construction of the Minimum Improvements; and (v) no Event of Default has
occurred. No approval by the Authority shall relieve the Developer of the obligation to comply
with the terms of this Agreement or of the Development Plan, applicable federal, state and local
laws, ordinances, rules and regulations, or to construct the Minimum Improvements in
accordance therewith. No approval by the Authority shall constitute a waiver of an Event of
Default. If approval of the Construction Plans is requested by the Developer in writing at the
time of submission, such Construction Plans shall be deemed approved unless rejected in writing
by the Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefor,
and shall be made within 30 days after the date of their receipt by the Authority. If the Authority
rejects any Construction Plans in whole or in part, the Developer shall submit new or corrected
Construction Plans within 30 days after written notification to the Developer of the rejection.
The provisions of this Section relating to approval, rejection and resubmission of corrected
Construction Plans shall continue to apply until the Construction Plans have been approved by
the Authority. The Authority's approval shall not be unreasonably withheld. Said approval shall
constitute a conclusive determination that the Construction Plans (and the Minimum
Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction
with the provisions of this Agreement relating thereto.
(b) If the Developer desires to make any material change in the Construction Plans
after their approval by the Authority, the Developer shall submit the proposed change to the
Authority for its approval. If the Construction Plans, as modified by the proposed change,
conform to the requirements of this Section 4.2 of this Agreement with respect to such previously
approved Construction Plans, the Authority shall approve the proposed change and notify the
Developer in writing of its approval. Such change in the Construction Plans shall, in any event,
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be deemed approved by the Authority unless rejected, in whole or in part, by written notice by
the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall
be made within ten (10) days after receipt of the notice of such change. The Authority's approval
of any such change in the Construction Plans will not be unreasonably withheld.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Developer must commence construction of the Minimum Improvements by no later
than 30 days after Closing on conveyance of the Development Property. Subject to Unavoidable
Delays, the Developer must substantially complete construction of the Minimum Improvements
by December 31, 2020. All work with respect to the Minimum Improvements to be constructed
or provided by the Developer on the Development Property shall be in conformity with the
Construction Plans as submitted by the Developer and approved by the Authority.
The Developer agrees for itself, its successors and assigns, and every successor in interest
to the Development Property, or any part thereof, that the Developer, and such successors and
assigns, shall promptly begin and diligently prosecute to completion the development of the
Development Property through the construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and completed within the period specified in
this Section 4.3 of this Agreement. Subsequent to conveyance of the Development Property, or
any part thereof, to the Developer, and until construction of the Minimum Improvements has
been completed, the Developer shall make reports, in such detail and at such times as may
reasonably be requested by the Authority, as to the actual progress of the Developer with respect
to such construction.
Section 4.4. Certificate of Completion.
(a) Promptly after substantial completion of the Minimum Improvements in
accordance with those provisions of the Agreement relating solely to the obligations of the
Developer to construct the Minimum Improvements (including the dates for beginning and
completion thereof), the Authority will furnish the Developer with a Certificate of Completion in
substantially the form provided in Schedule D. Such certification by the Authority shall be (and
it shall be so provided in the deed and in the certification itself) a conclusive determination of
satisfaction and termination of the agreements and covenants in the Agreement and in the deed
with respect to the obligations of the Developer, and its successors and assigns, to construct the
Minimum Improvements and the dates for the beginning and completion thereof. Such
certification and such determination shall not constitute evidence of compliance with or
satisfaction of any obligation of the Developer to any Holder of a Mortgage, or any insurer of a
Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof.
(b) The certificate provided for in this Section 4.4 of this Agreement shall be in such
form as will enable it to be recorded in the proper office for the recordation of deeds and other
instruments pertaining to the Development Property. If the Authority shall refuse or fail to
provide any certification in accordance with the provisions of this Section 4.4 of this Agreement,
the Authority shall, within thirty (30) days after written request by the Developer, provide the
Developer with a written statement, indicating in adequate detail in what respects the Developer
has failed to complete the Minimum Improvements in accordance with the provisions of the
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Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Authority, for the Developer to take or perform in order to obtain such
certification.
(c) The construction of the Minimum Improvements shall be deemed to be
commenced upon beginning of excavation for the building, and shall be deemed to be
substantially completed when the Developer has received a certificate of occupancy issued by the
City for the Minimum Improvements.
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ARTICLE V
Insurance
Section 5.1. Insurance. The Developer will provide and maintain at all times during the
process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance
Policy and, from time to time during that period, at the request of the Authority, furnish the
Authority with proof of payment of premiums on policies covering the following:
(i) Builder's risk insurance, written on the so-called `Builder's Risk --
Completed Value Basis," in an amount equal to one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy. The
interest of the Authority shall be protected in accordance with a clause in form and
content satisfactory to the Authority;
(ii) Comprehensive glcommercial liability insurance (including
operations, contingent liability, operations of subcontractors, completed operations and
contractual liability insurance) together with an Owner's Policy with limits against bodily
injury and property damage of not less than $1,000,000 for each occurrence (to
accomplish the above -required limits, an umbrella excess liability policy may be used);
and
(iii) Workers' compensation insurance, with statutory coverage.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense,
and from time to time at the request of the Authority shall furnish proof of the payment of
premiums on, insurance as follows:
(i) Insurance against loss and/or damage to the Minimum Improvements under
a policy or policies covering such risks as are ordinarily insured against by similar
businesses.
(ii) Comprehensive general public liability insurance, including personal injury
liability (with employee exclusion deleted), against liability for injuries to persons and/or
property, in the minimum amount for each occurrence and for each year of $1,000,000, and
shall be endorsed to show the Authority as an additional insured.
(iii) Such other insurance, including workers' compensation insurance respecting
all employees of the Developer, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Developer may be self-insured with respect to all or any part of its liability for
workers' compensation.
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(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Developer that are authorized under
the laws of the State to assume the risks covered thereby. Upon request, the Developer will deposit
annually with the Authority policies evidencing all such insurance, or a certificate or certificates or
binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise
provided in this Article V of this Agreement each policy shall contain a pro 4sionan endorsement
r i in that the insurer shall not cancel nor modify it in such a way as to reduce the coverage
provided below the amounts required herein without giving written notice to the Developer and the
Authority at least -3015 days before the cancellation or modification becomes effective, to the extent
such endorsement is reasonably available from Developer's insurer. In lieu of separate policies, the
Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof,
having the coverage required herein, in which event the Developer shall deposit with the Authority
a certificate or certificates of the respective insurers as to the amount of coverage in force upon the
Minimum Improvements.
(d) The Developer agrees to notify the Authority immediately in the case of damage
exceeding $500,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Developer will forthwith repair,
reconstruct, and restore the Minimum Improvements to substantially the same or an improved
condition or value as it existed prior to the event causing such damage and, to the extent necessary
to accomplish such repair, reconstruction, and restoration, the Developer will apply the net proceeds
of any insurance relating to such damage received by the Developer to the payment or
reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction and restoration of the Minimum
Improvements, regardless of whether the net proceeds of insurance received by the Developer for
such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of
such repairs, construction, and restoration shall be the property of the Developer.
(e) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in
this Section, the Developer shall have the option of paying to the Authority an amount that, in the
opinion of the Authority and its fiscal consultant, is sufficient to pay in full the outstanding
principal and accrued interest on the Interfund Loan.
(f) The Developer and the Authority agree that all of the insurance provisions set forth
in this Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this
Article V, the rights of the Authority with respect to the receipt and application of any proceeds
of insurance shall, in all respects, be subject and subordinate to the rights of any lender under a
Mortgage approved pursuant to Article VII of this Agreement.
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ARTICLE VI
Delinquent Taxes and Review of Taxes
Section 6.1. Right to Collect Delinquent Taxes. Developer agrees for itself, its
successors and assigns, in addition to the obligation pursuant to statute to pay real estate taxes,
that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes
assessed against the Development Property and the Minimum Improvements. The Developer
acknowledges that this obligation creates a contractual right on behalf of the Authority through
the Termination Date to sue the Developer or its successors and assigns to collect delinquent real
estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the
county auditor. In any such suit in which the Authority is the prevailing party, the Authority shall
also be entitled to recover its costs, expenses and reasonable attorney fees.
Section 6.2. Review of Taxes. The Developer agrees that prior to the Termination Date
it will not cause a reduction in the real property taxes paid in respect of the Development
Property through: (a) willful destruction of the Development Property or any part thereof, or (b)
willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this
Agreement, except as otherwise provided in Section 5.1(e). The Developer also agrees that it
will not, prior to the Termination Date, apply for a deferral of property tax on the Development
Property pursuant to any law, or transfer or permit transfer of the Development Property to any
entity whose ownership or operation of the property would result in the Development Property
being exempt from real estate taxes under State law (other than any portion thereof dedicated or
conveyed to the City or Authority in accordance with this Agreement).
Section 6.3. Assessment Agreement. (a) Upon closing on conveyance of the Development
Property to the Developer under Article III hereof, the Developer shall, with the Authority, execute
an Assessment Agreement pursuant to Minnesota Statutes, Section 469.177, subd. 8, specifying an
assessor's minimum Market Value for the Development Property and Minimum Improvements
constructed thereon. The amount of the minimum Market Value shall be $5,200,000 as of January
2, 2021 and each January 2 thereafter, notwithstanding the status of construction by such dates.
(b) The Assessment Agreement shall be substantially in the form attached hereto as
Schedule E. Nothing in the Assessment Agreement shall limit the discretion of the assessor to
assign a market value to the property in excess of such assessor's minimum Market Value. The
Assessment Agreement shall remain in force for the period specified in the Assessment Agreement.
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ARTICLE VII
Financing
Section 7.1. Financing. (a) Before conveyance of the Development Property, the
Developer shall submit to the Authority evidence of one or more commitments for mortgage
financing which, together with committed equity for such construction, is sufficient for the
construction of the Minimum Improvements. Such commitments may be submitted as short term
financing, long term mortgage financing, a bridge loan with a long-term take-out financing
commitment, or any combination of the foregoing. Such commitment or commitments for short
term or long term mortgage financing shall be subject only to such conditions as are normal and
customary in the mortgage banking industry.
(b) If the Authority finds that the financing is sufficiently committed and adequate in
amount to provide for the construction of the Minimum Improvements, then the Authority shall
notify the Developer in writing of its approval. Such approval shall not be unreasonably
withheld and either approval or rejection shall be given within thirty (30) days from the date
when the Authority is provided the evidence of financing. A failure by the Authority to respond
to such evidence of financing shall be deemed to constitute an approval hereunder. If the
Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the
basis for the rejection. In any event the Developer shall submit adequate evidence of financing
within thirty (30) days after such rejection. Approval of any subordination agreement under
Section 7.3 hereof will constitute approval of financing for the purposes of this Section.
Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that there
occurs a default under any Mortgage authorized pursuant to Article VII of this Agreement, the
Developer shall cause the Authority to receive copies of any notice of default received by the
Developer from the holder of such Mortgage. Thereafter, the Authority shall have the right, but
not the obligation, to cure any such default on behalf of the Developer within such cure periods
as are available to the Developer under the Mortgage documents. In the event there is an event of
default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy
of any notice of default given by the Authority pursuant to Article IX of this Agreement.
Section 7.3. Subordination and Modification for the Benefit of Mortgagee. In order to
facilitate the Developer obtaining financing for purchase of the Development Property and for
construction according to the Construction Plans, the Authority agrees to subordinate its rights
under this Agreement, including without limitation its rights of reversion under Sections 9.3 and
9.4 hereof, provided that (a) such subordination shall be subject to such reasonable terms and
conditions as the Authority and Holder mutually agree in writing, (b) the Authority's obligation
to subordinate is contingent on the Authority's approval of the financing in accordance with
Section 7.1 hereof, and (c) in no event will the Authority subordinate its rights under the
Assessment Agreement described in Section 6.3.
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ARTICLE VIII
Prohibitions Against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Developer represents and agrees
that its purchase of the Development Property or portions thereof, and its other undertakings
pursuant to the Agreement, are, and will be used, for the purpose of development of the
Development Property and not for speculation in land holding.
Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of
Agreement. The Developer represents and agrees that until the Termination Date:
(a) Except only by way of security for, and only for, the purpose of obtaining
financing necessary to enable the Developer or any successor in interest to the Development
Property, or any part thereof, to perform its obligations with respect to making the Minimum
Improvements under this Agreement, and any other purpose authorized by this Agreement, the
Developer has not made or created and will not make or create or suffer to be made or created
any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any
other mode or form of or with respect to the Agreement or the Development Property or any part
thereof or any interest therein, or any contract or agreement to do any of the same, without the
prior written approval of the Authority unless the Developer remains liable and bound by this
Development Agreement in which event the Authority's approval is not required. Any such
transfer shall be subject to the provisions of this Agreement.
(b) In the event the Developer, upon transfer or assignment of the Development
Property or any portion thereof, seeks to be released from its obligations under this Development
Agreement as to the portions of the Development Property that is transferred or assigned, the
Authority shall be entitled to require, except as otherwise provided in the Agreement, as
conditions to any such release that:
(i) Any proposed transferee shall have the qualifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to
fulfill the obligations undertaken in this Agreement by the Developer as to the portion of
the Development Property to be transferred.
(ii) Any proposed transferee, by instrument in writing satisfactory to the
Authority and in form recordable among the land records, shall, for itself and its
successors and assigns, and expressly for the benefit of the Authority, have expressly
assumed all of the obligations of the Developer under this Agreement as to the portion of
the Development Property to be transferred and agreed to be subject to all the conditions
and restrictions to which the Developer is subject as to such portion; provided, however,
that the fact that any transferee of, or any other successor in interest whatsoever to, the
Development Property, or any part thereof, shall not, for whatever reason, have assumed
such obligations or so agreed, and shall not (unless and only to the extent otherwise
specifically provided in this Agreement or agreed to in writing by the Authority) deprive
the Authority of any rights or remedies or controls with respect to the Development
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Property or any part thereof or the construction of the Minimum Improvements; it being
the intent of the parties as expressed in this Agreement that (to the fullest extent permitted
at law and in equity and excepting only in the manner and to the extent specifically
provided otherwise in this Agreement) no transfer of, or change with respect to,
ownership in the Development Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary, shall operate,
legally or practically, to deprive or limit the Authority of or with respect to any rights or
remedies on controls provided in or resulting from this Agreement with respect to the
Minimum Improvements that the Authority would have had, had there been no such
transfer or change. In the absence of specific written agreement by the Authority to the
contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve
the Developer, or any other party bound in any way by this Agreement or otherwise with
respect to the construction of the Minimum Improvements, from any of its obligations
with respect thereto.
(iii) Any and all instruments and other legal documents involved in effecting
the transfer of any interest in this Agreement or the Development Property governed by
this Article VIII, shall be in a form reasonably satisfactory to the Authority.
In the event the foregoing conditions are satisfied then the Developer shall be released from its
obligation under this Agreement, as to the portion of the Development Property that is
transferred, assigned or otherwise conveyed.
Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from
and covenants and agrees that the Authority and the governing body members, officers, agents,
servants and employees thereof (the `indemnified Parties') shall not be liable for and agrees to
indemnify and hold harmless such Indemnified Parties 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
Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton misconduct of
the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now
or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action
or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising
from this Agreement, or the transactions contemplated hereby or the acquisition, construction,
installation, ownership, and operation of the Minimum Improvements.
(c) The Indemnified Parties shall not be liable for any damage 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 Development Property or Minimum Improvements due to any act of
negligence of any person.
(d) All covenants, stipulations, promises, agreements and obligations of the Authority
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the Authority and not of any governing body member, officer, agent, servant or
employee of the Authority in the individual capacity thereof.
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ARTICLE IX
Events of Default
Section 9.1. 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
(unless the context otherwise provides):
(a) any failure by any party to observe or perform any other covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement or under
any other agreement entered into between the Developer and the Authority or City in connection
with development of the Development Property; and
(b) any default by Developer under a Mortgage, if any.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9.1 of this Agreement occurs, the non -defaulting party may exercise its rights under this Section
9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but
only if the Event of Default has not been cured within said thirty days or, if the Event of Default
is by its nature incurable within thirty days, the defaulting party does not provide assurances
reasonably satisfactory to the non -defaulting party that the Event of Default will be cured and
will be cured as soon as reasonably possible:
(a) Suspend its performance under the Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Take whatever action, including legal, equitable or administrative action, which
may appear necessary or desirable to collect any payments due under this Agreement, or to
enforce performance and observance of any obligation, agreement, or covenant under this
Agreement.
(d) Notwithstanding anything to the contrary herein, in the case of defaults by
Developer described in Section 3.8, the Authority has the additional remedies specified therein,
subject to the qualification described in Section 10.3.
Section 9.3. Revesting Title in Authority Upon Happening of Event Subsequent to
Conveyance to Developer. In the event that subsequent to conveyance of the Development
Property to the Developer and prior to receipt by the Developer of the Certificate of Completion for
the Minimum Improvements required to be constructed on that parcel:
(a) the Developer, subject to Unavoidable Delays, shall fail to begin construction of the
Minimum Improvements in conformity with this Agreement and such failure to begin construction
is not cured within 90 days after written notice from the Authority to the Developer to do so; or
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(b) subject to Unavoidable Delays, the Developer after commencement of the
construction of the Minimum Improvements, fails to carry out its obligations with respect to the
construction of such improvements (including the nature and the date for the completion thereof),
or abandons or substantially suspends construction work, and any such failure, abandonment, or
suspension shall not be cured, ended, or remedied within 90 days after written demand from the
Authority to the Developer to do so; or
(c) the Developer fails to pay real estate taxes or assessments on the parcel or any part
thereof when due, or creates, suffers, assumes, or agrees to any encumbrance or lien on the parcel
(except to the extent permitted by this Agreement), or shall suffer any levy or attachment to be
made, or any materialmen's or mechanics' lien, or any other unauthorized encumbrance or lien to
attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed
or discharged or provision satisfactory to the Authority made for such payment, removal, or
discharge, within thirty (30) days after written demand by the Authority to do so; provided, that if
the Developer first notifies the Authority of its intention to do so, it may in good faith contest any
mechanics' or other lien filed or established and in such event the Authority shall permit such
mechanics' or other lien to remain undischarged and unsatisfied during the period of such contest
and any appeal and during the course of such contest the Developer shall keep the Authority
informed respecting the status of such defense; or
(d) there is, in violation of the Agreement, any transfer of the parcel or any part thereof,
or any change in the ownership or distribution thereof of the Developer, or with respect to the
identity of the parties in control of the Developer or the degree thereof, and such violation is not
cured within sixty (60) days after written demand by the Authority to the Developer, or if the event
is by its nature incurable within 60 days, the Developer does not, within such 60 -day period,
provide assurances reasonably satisfactory to the Authority that the event will be cured as soon as
reasonably possible; or
(e) the Developer fails to comply with any of its other covenants under this Agreement
related to the subject component of the Minimum Improvements and fails to cure any such
noncompliance or breach within sixty (60) days after written demand from the Authority to the
Developer to do so, or if the event is by its nature incurable within 60 days, the Developer does not,
within such 60 -day period, provide assurances reasonably satisfactory to the Authority that the
event will be cured as soon as reasonably possible; or
(f) the Holder of any Mortgage secured by the subject property exercises any remedy
provided by the Mortgage documents or exercises any remedy provided by law or equity in the
event of a default in any of the terms or conditions of the Mortgage,
Then the Authority shall have the right to re-enter and take possession of the parcel and to
terminate (and revest in the Authority) the estate conveyed by the deed to the Developer, it being
the intent of this provision, together with other provisions of the Agreement, that the conveyance of
the parcel to the Developer shall be made upon, and that the deed shall contain a condition
subsequent to the effect that in the event of any default on the part of the Developer and failure on
the part of the Developer to remedy, end, or abrogate such default within the period and in the
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manner stated in such subdivisions, the Authority at its option may declare a termination in favor of
the Authority of the title, and of all the rights and interests in and to the parcel conveyed to the
Developer, and that such title and all rights and interests of the Developer, and any assigns or
successors in interest to and in the parcel, shall revert to the Authority, but only if the events stated
in Section 9.4(a) -(f) have not been cured within the time periods provided above.
Section 9.4. Resale of Reacquired Property: Disposition of Proceeds. Upon the revesting in
the Authority of title to and/or possession of the parcel or any part thereof as provided in Section
9.3, the Authority shall, pursuant to its responsibilities under law, use its best efforts to sell the
parcel or part thereof as soon and in such manner as the Authority shall find feasible and consistent
with the objectives of such law and of the Development Plan and TIF Plan to a qualified and
responsible party or parties (as determined by the Authority) who will assume the obligation of
making or completing the Minimum Improvements or such other improvements in their stead as
shall be satisfactory to the Authority in accordance with the uses specified for such parcel or part
thereof in the Development Plan and TIF Plan. During any time while the Authority has title to
and/or possession of a parcel obtained by reverter, the Authority will not disturb the rights of any
tenants under any leases encumbering such parcel. Upon resale of the parcel, the proceeds thereof
shall be applied:
(a) First, to reimburse the Authority for all reasonable costs and expenses incurred by
them, including but not limited to salaries of personnel, in connection with the recapture,
management, and resale of the parcel (but less any income derived by the Authority from the
property or part thereof in connection with such management); all taxes, assessments, and water
and sewer charges with respect to the parcel or part thereof (or, in the event the parcel is exempt
from taxation or assessment or such charge during the period of ownership thereof by the Authority,
an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Authority
assessing official) as would have been payable if the parcel were not so exempt); any payments
made or necessary to be made to discharge any encumbrances or liens existing on the parcel or part
thereof at the time of revesting of title thereto in the Authority or to discharge or prevent from
attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts
of the Developer, its successors or transferees; any expenditures made or obligations incurred with
respect to the making or completion of the subject improvements or any part thereof on the parcel
or part thereof, and any amounts otherwise owing the Authority by the Developer and its successor
or transferee; and
(b) Second, to reimburse the Developer, its successor or transferee, up to the amount
equal to (1) the purchase price paid by Developer under Section 3.2; plus (2) the amount actually
invested by it in making any of the subject improvements on the parcel or part thereof, less (2)
any gains or income withdrawn or made by it from the Agreement or the parcel.
Any balance remaining after such reimbursements shall be retained by the Authority as its property.
Section 9.5. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
Authority or Developer 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.
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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. In order to entitle
the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other
than such notice as may be required in this Article IX.
Section 9.6. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by either parry 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.
(The remainder of this page is intentionally left blank.)
27
629083v-12MN190-160
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable.
The Authority and the Developer, to the best of their respective knowledge, represent and agree
that no member, official, or employee of the Authority shall have any personal interest, direct or
indirect, in the Agreement, nor shall any such member, official, or employee participate in any
decision relating to the Agreement which affects his personal interests or the interests of any
corporation, partnership, or association in which he is, directly or indirectly, interested. No
member, official, or employee of the Authority shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the Authority or City or for any
amount which may become due to the Developer or successor or on any obligations under the
terms of the Agreement.
Section 10.2. Equal Employment 01212ortunity. The Developer, for itself and its
successors and assigns, agrees that during the construction of the Minimum Improvements
provided for in the Agreement it will comply with all applicable federal, state and local equal
employment and non-discrimination laws and regulations.
Section 10.3. Restrictions on Use. The Developer agrees that until the Termination Date,
the Developer, and such successors and assigns, shall use the Development Property and the
Minimum Improvements thereon only as Qualified Facility (as defined in Section 3.8 hereof),
provided that after expiration of the five-year period described in Section 3.8(c), the repayment
remedy described in Section 3.8(d) may not be imposed on Developer for default under this
Section, and Authority is limited to any other remedies available under Article IX hereof.
Further, until the Termination Date the Developer shall not discriminate upon the basis of race,
color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the
Development Property or any improvements erected or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged With Deed. None of the provisions of this
Agreement are intended to or shall be merged by reason of any deed transferring any interest in
the Development Property and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of its provisions.
Section 10.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by either party to the
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
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629083v-12MN190-160
(a) in the case of the Developer, is addressed to or delivered personally to the
Developer at UMC Real Estate, LLC, 500 Chelsea Road, Monticello, MN 55362, Attn: Chief
Operating Officer; and
(b) in the case of the Authority, is addressed to or delivered personally to the
Authority at City of Monticello Economic Development Authority, 505 Walnut Street, Suite 1,
Monticello, Minnesota 55362, Attn: Executive Director; or at such other address with respect to
either such parry as that party may, from time to time, designate in writing and forward to the
other as provided in this Section.
Section 10.7. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.8. Recording. The Authority may record this Agreement and any
amendments thereto with the County recorder. The Developer shall pay all costs for recording.
Section 10.9. Amendment. This Agreement may be amended only by written agreement
approved by the Authority and the Developer.
Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by
the Authority under this Agreement may be given by the Authority Representative.
Section 10.11. Termination. This Agreement terminates on the Termination Date. Within
30 days after the Termination Date, the Authority will deliver to Developer a written release in
recordable form satisfactory to Developer, evidencing termination of this Agreement.
Section 10.12. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or
claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and
all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
(The remainder of this page is intentionally left blank.)
29
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IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be duly executed in its name and behalf on or as of the date first above written.
CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
2020, by and , the President and Executive Director of the
City of Monticello Economic Development Authority, a public body politic and corporate, on
behalf of the Authority.
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Notary Public
UMC REAL ESTATE, LLC
By
Its
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ,
2020 by , the of UMC Real Estate, LLC, a Minnesota
limited liability company, on behalf of the company.
Notary Public
S-2
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SCHEDULE A
DEVELOPMENT PROPERTY
Lot 2, Block 1, Monticello Commerce Center Sixth Addition, Wright County, Minnesota.
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SCHEDULE B
FORM OF QUIT CLAIM DEED
THIS INDENTURE, between the City of Monticello Economic Development Authority, a
public body corporate and politic (the 'Grantor'), and UMC Real Estate, LLC, a Minnesota limited
liability company (the 'Grantee').
WITNESSETH, that Grantor, in consideration of the sum of $729,000 and other good and
valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of
land lying and being in the County of Wright and State of Minnesota described as follows, to -wit
(such tract or parcel of land is hereinafter referred to as the `Property'):
Lot 2, Block 1, Monticello Commerce Center Sixth Addition, Wright County, Minnesota
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SECTION 1.
It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions
and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on
the day of , 2020, identified as `Purchase and Development Contract"
(hereafter referred to as the `Agreement') and that the Grantee shall not convey this Property, or any
part thereof, except as permitted by the Agreement until a certificate of completion releasing the
Grantee from certain obligations of said Agreement as to this Property or such part thereof then to
be conveyed, has been placed of record. This provision, however, shall in no way prevent the
Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property
hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement)
in conformity with the Agreement, any applicable development program and applicable provisions
of the zoning ordinance of the City of Monticello, Minnesota, or for the refinancing of the same.
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the development of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so
certifying. Such certification by the Grantor shall be (and it shall be so provided in the certification
itself) a conclusive determination of satisfaction and termination of the agreements and covenants
of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors
and assigns, to construct the Minimum Improvements and the dates for the beginning and
completion thereof. Such certification and such determination shall not constitute evidence of
compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any
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insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby
conveyed or the Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder, or Registrar of Titles, Wright County, Minnesota. If the
Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the
Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the
Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects
the Grantee has failed to complete the Minimum Improvements in accordance with the provisions
of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification.
SECTION 2.
The Grantee's rights and interest in the Property are subject to the terms and conditions of
Section 9.3 of the Agreement relating to the Grantor's right to re-enter and revest in Grantor title to
the Property under conditions specified therein, including but not limited to termination of such
right upon issuance of a Certificate of Completion as defined in the Agreement.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any part
thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with
all provisions of the Agreement that relate to the Property or use thereof for the periods specified in
the Agreement, including without limitation the covenant set forth in Section 10.3 thereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in any
event, and without regard to technical classification or designation, legal or otherwise, and except
only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by
law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee,
its successors and assigns, and every successor in interest to the Property, or any part thereof or any
interest therein, and any party in possession or occupancy of the Property or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants
provided herein, both for and in its own right, and also for the purposes of protecting the interest of
the community and the other parties, public or private, in whose favor or for whose benefit these
agreements and covenants have been provided. Such agreements and covenants shall run in favor
of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner
of any land or interest therein to, or in favor of, which such agreements and covenants relate. The
Grantor shall have the right, in the event of any breach of any such agreement or covenant to
exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall
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not have any right to re-enter the Property or revest in the Grantor the estate conveyed by this Deed
on grounds of Grantee's failure to comply with its obligations under this Section 3.
SECTION 4.
This Deed is also given subject to:
(a) Provision of the ordinances, building and zoning laws of the City of
Monticello, and state and federal laws and regulations in so far as they affect this real estate.
(b) [Any other permitted encumbrances after Developer's title review]
Grantor certifies that it does not know of any wells on the Property.
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IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director and has caused its corporate seal to be hereunto
affixed this day of , 2020.
CITY OF MONTICELLO ECONOMIC DEVELOPMENT
AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
ss
COUNTY OF WRIGHT )
On this day of , 2020, before me, a notary public within and for Wright
County, personally appeared and to me personally known
who by me duly sworn, did say that they are the President and Executive Director of the City of
Monticello Economic Development Authority (the `Authority') named in the foregoing instrument;
that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed
and sealed on behalf of said Authority pursuant to a resolution of its governing body; and said
and acknowledged said instrument to be the free act and deed of said Authority.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 US Bank Plaza
Minneapolis, Minnesota 55402
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SCHEDULE C
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO.
AUTHORIZING INTERFUND LOAN FOR
ADVANCE OF CERTAIN COSTS
IN CONNECTION WITH TAX INCREMENT
FINANCING DISTRICT NO. 1-41
BE IT RESOLVED By the Board of Commissioners of the City of Monticello Economic
Development Authority (the `Authority') as follows:
Section 1. Background.
1.01. The Authority has established tax increment financing district no. 1-41 (the `TIF
District') within the Central Monticello Development Project No. 1 (the "Development Project")
pursuant to Minnesota Statutes, Sections 469.174 to 469.1794 (the `TIF Act'), Sections 469.001
to 469.047, and Sections 469.090 to 469.108 1, all as amended.
1.02. The Authority may incur certain costs related to the TIF District, which costs may
be financed on a temporary basis from available Authority funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized
to advance or loan money from any fund from which such advances may be legally made in order
to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The Authority owns or will acquire certain property (the `Development Property').
The Authority has determined that the fair market value of the Development Property, as
determined by the purchase price to be paid by the Authority to acquire the Development
Property, is $1,031,000.
1.05. The Authority proposes to enter into a Purchase and Development Contract (the
'Contract') with UMC Real Estate, LLC (the `Developer'), under which the Authority will
(among other things) convey the Development Property to the Developer for a purchase price of
$300,000, such payment to be deferred until February 2021.
1.06. By conveying the Development Property under the Contract and deferring
payment of the purchase price, at Closing the Authority will forgo receipt the full fair market
value of the Development Property. Such forbearance represents an advance of Authority funds
in the amount of $1,031,000.
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1.07. The Authority intends to designate such advance as an interfund loan in
accordance with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The Authority will reimburse itself for the land advance in the principal amount of
$1,031,000, together with interest at the rate of 3.0% per annum (the `Interfund Loan'). Interest
accrues on the principal amount from the date of Closing on conveyance of the Development
Property to the Developer under the Development Agreement (hereafter, the 'Closing Date').
The interest rate is no more than the greatest of the rate specified under Minnesota Statutes,
Section 270.75 and Section 549.09, both in effect for calendar year 2020. The interest rate will
not fluctuate.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid
semi-annually on each August 1 and February 1 (each a `Payment Date'), commencing on the
first Payment Date on which the Authority has Available Tax Increment (defined below), or on
any other dates determined by the Executive Director, through the date of last receipt of tax
increment from the TIF District.
2.03. Payments on the Interfund Loan will be made solely from Available Tax
Increment, defined as tax increment from the TIF District received by the Authority from Wright
County in the six-month period before any Payment Date, less any amounts determined by the
Authority to be applied toward administrative expenses in accordance with the TIF Act.
Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing
from the Closing Date will be compounded semiannually on February 1 and August 1 of each
year and added to principal until the first Payment Date, unless otherwise specified by the City
Administrator.
2.04. The principal sum and all accrued interest payable under this resolution is
pre -payable in whole or in part at any time by the Authority without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the Authority in
accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation
payable solely from Available Tax Increment pledged to the payment hereof under this
resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State
of Minnesota or any political subdivision thereof, including, without limitation, the Authority
and the City. Neither the State of Minnesota, nor any political subdivision thereof shall be
obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto
except out of Available Tax Increment. The Authority shall have no obligation to pay any
principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid
after the final Payment Date.
2.06. The Authority may at any time make a determination to forgive all or a portion of
the outstanding principal amount and accrued interest on the Interfund Loan to the extent
permissible under law.
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2.07. The Authority may from time to time amend the terms of this Resolution to the
extent permitted by law, including without limitation amendment to the payment schedule and
the interest rate; provided that the interest rate may not be increased above the maximum
specified in Section 469.178. subd. 7 of the TIF Act.
Section 3. Effective Date. This resolution is effective upon execution in full of the
Contract.
Adopted this _ day of February, 2020.
President
ATTEST:
Executive Director
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629083v-12MN190-160
SCHEDULED
CERTIFICATE OF COMPLETION
WHEREAS, the City of Monticello Economic Development Authority, a public body
corporate and politic (the "Grantor"), by a Deed recorded in the Office of the County Recorder or
the Registrar of Titles in and for the County of Wright and State of Minnesota, as Deed Document
Number(s) and , respectively, has conveyed to UMC Real Estate, LLC
(the "Grantee"), the following described land in County of Wright and State of Minnesota, to -wit:
Lot 2, Block 1, Monticello Commerce Center Sixth Addition, Wright County, Minnesota
and
WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1
and 2 of said Deed; and
WHEREAS, said Grantee has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Grantor to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Grantee have been completed and the above
covenants and conditions in said Deed and the agreements and covenants in Article IV of the
Agreement (as described in said Deed) have been performed by the Grantee therein, and the
County Recorder or the Registrar of Titles in and for the County of Wright and State of
Minnesota is hereby authorized to accept for recording and to record, the filing of this
instrument, to be a conclusive determination of the satisfactory termination of the covenants and
conditions of Article IV of the Agreement, but the covenants created by Sections 3 and 4 of said
Deed shall remain in full force and effect.
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629083v-12MN190-160
Dated: , 20 . CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
Authority Representative
This Document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
(612) 337-9300
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629083v-12MN190-160
SCHEDULE E
ASSESSMENT AGREEMENT
and
ASSESSOR'S CERTIFICATION
By and Between
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
and
UMC REAL ESTATE, LLC
This Document was drafted by:
KENNEDY & GRAVEN, Chartered
470 U.S. Bank Plaza
Minneapolis, Minnesota 55402
612-337-9300
E- 1
629083v-12MN190-160
ASSESSMENT AGREEMENT
THIS AGREEMENT, made on or as of the day of , 2020, and
between the City of Monticello Economic Development Authority, a public body corporate and
politic (the "Authority") and UMC Real Estate, LLC, a Minnesota limited liability company (the
"Developer").
WITNESSETH, that
WHEREAS, on or before the date hereof the Authority and the Developer have entered into
a Purchase and Development Agreement dated , 2020 (the "Development Contract"),
pursuant to which the Authority is to facilitate development of certain property in the City of
Monticello hereinafter referred to as the "Property" and legally described in Exhibit A hereto; and
WHEREAS, pursuant to the Development Contract the Developer is obligated to construct
certain improvements upon the Property (the "Minimum Improvements"); and
WHEREAS, the Authority and the Developer desire to establish a minimum market value
for the Property and the townhouses constructed thereon, pursuant to Minnesota Statutes, Section
469.177, Subdivision 8; and
WHEREAS, the Authority and the Assessor for the County (the "Assessor") have reviewed
the preliminary plans and specifications for the townhouses and have inspected such improvements;
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1. The minimum market value which shall be assessed for the Property described in
Exhibit A, together with the Minimum Improvements thereon, for ad valorem tax purposes, shall be
$5,200,000 as of January 2, 2021 and each January 2 thereafter, notwithstanding the progress of
construction of such Minimum Improvements by such dates.
2. The minimum market value herein established shall be of no further force and effect
and this Agreement shall terminate on the earlier of the following: (a) The date of receipt by the
Authority of the final payment from the County of Tax Increments from TIF District No. 1-41,
currently projected to be February 1, 2031; or (b) The date when the Interfund Loan (as defined in
the Development Contract) has been paid in full, defeased or terminated in accordance with the
resolution set forth in Schedule C of the Development Contract.
The event referred to in Sections 2(b) of this Agreement shall be evidenced by a certificate
or affidavit executed by the Authority.
3. This Agreement shall be promptly recorded by the Authority. The Developer shall
pay all costs of recording.
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4. Neither the preambles nor provisions of this Agreement are intended to, nor shall
they be construed as, modifying the terms of the Development Contract between the Authority and
the Developer.
5. This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties.
6. Each of the parties has authority to enter into this Agreement and to take all actions
required of it, and has taken all actions necessary to authorize the execution and delivery of this
Agreement.
7. In the event any provision of this Agreement shall be held invalid and unenforceable
by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable
any other provision hereof.
8. The parties hereto agree that they will, from time to time, execute, acknowledge and
deliver, or cause to be executed, acknowledged and delivered, such supplements, amendments and
modifications hereto, and such further instruments as may reasonably be required for correcting
any inadequate, or incorrect, or amended description of the Property or the townhouse thereon, or
for carrying out the expressed intention of this Agreement, including, without limitation, any further
instruments required to delete from the description of the Property such part or parts as may be
included within a separate assessment agreement.
9. Except as provided in Section 8 of this Agreement, this Agreement may not be
amended nor any of its terms modified except by a writing authorized and executed by all parties
hereto.
10. This Agreement may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
11. This Agreement shall be governed by and construed in accordance with the laws of
the State of Minnesota.
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CITY OF MONTICELLO ECONOMIC
DEVELOPMENT AUTHORITY
LM
Its President
By
Its Executive Director
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of , 2020
by and , the President and Executive
Director of the City of Monticello Economic Development Authority, on behalf of the Authority.
Notary Public
E- 4
629083v-12MN190-160
UMC REAL ESTATE, LLC
By
Its
STATE OF MINNESOTA )
SS.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ,
2020 by , the of UMC Real Estate, LLC, a
Minnesota limited liability company, on behalf of the corporation.
Notary Public
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CERTIFICATION BY COUNTY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be
constructed and the market value assigned to the land upon which the improvements are to be
constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for
the assessment of the above described property, hereby certifies that the values assigned to the land
and improvements are reasonable.
County Assessor for the County of Wright
STATE OF MINNESOTA )
ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of ,
2020 by , the County Assessor of the County of Wright.
Notary Public
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629083v-12MN190-160
EXHIBIT A of ASSESSMENT AGREEMENT
Legal Description of Property
Lot 1, Block 2, Minnesota Commerce Center Sixth Addition, Wright County, Minnesota.
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February 7, 2020
The Honorable Brian Stumpf
Office of the Mayor
City of Monticello
505 Walnut Street
Monticello, MN 55362
Dear Mayor Stumpf:
I am pleased to inform you that the City of Monticello's application for Minnesota Investment
Fund assistance is approved. As outlined in the approved application, the City will make a loan
of $300,000 to UMC Inc., for the purchase of machinery and equipment. This award will result
in the creation of 43 jobs. If all job and wage goals are met by the Compliance Date the loan will
be forgiven.
A grant contract is being prepared by staff from DEED's Office of Business Finance. They will
also provide you with additional information about your grant award to ensure that the project
meets its goals. Please note that no project expenditures or job creation that occurs prior to
execution of the grant contract by all parties will be eligible for reimbursement or count toward
job creation requirements. To facilitate the timely delivery of this assistance, all contracts and
agreements associated with this financing must be completed within 120 days from the date of
this letter or the award may be rescinded. For additional information, contact Bob Isaacson,
Executive Director, Office of Business Finance, at 651-259-7458.
Finally, let me extend my congratulations to you and your staff for developing a successful
project application to help fuel your community and economic development growth.
Regards,
Se rove
` ljyrw��
Commissioner
cc: Representative Marion O'Neill
Senator Bruce Anderson
Jim Thares, Economic Development Manager, City of Monticello
Jaci Dukowitz, Chief Operating Officer, UMC Inc.
Economic Development Division
1st National Bank Building ■ 332 Minnesota Street ■ E200 w Saint Paul, MN 55101-1351
651-259-7432 PHONE ■ 800-657-3858 TOLL FREE ■ 651-296-5287 Fax ■ www.mn.gov/deed
AN EQUAL OPPORTUNITY EMPLOYER AND SERVICE PROVIDER
February 7, 2020
Ms. Jaci Dukowitz
Chief Operating Officer
UMC Inc.
500 Chelsea Road
Monticello, MN 55362
Dear Ms. Dukowitz:
I am pleased to inform you that UMC Inc.'s application for Job Creation Fund designation is approved.
As outlined in the application, UMC Inc. is expected to have $6,500,000 in eligible capital expenditures
and create 60 new jobs. Based on those and other factors, the Department of Employment and
Economic Development will provide up to $175,000 in a Job Creation Fund award to UMC Inc. in the
form of a job creation award. The contract will have a five (5) year term. To facilitate the timely delivery
of this assistance, all contracts and agreements associated with this financing must be completed within
120 days from the date of this letter or the award may be rescinded.
A business subsidy agreement is being prepared by the Economic Development Division staff. Please
note that no project expenditures or job creation that occurs prior to execution of the business subsidy
agreement by all parties will be eligible for rebate or countloward job creation requirements. Staff will
also provide you with additional information on performance goals, reporting and requesting funds. For
additional information, contact Tom Washa, Program Administrator, at 651-259-7483 or Drew Lindorfer,
Senior Loan Officer, at 651-259-7450.
Thank you for your investment and job creation in Minnesota. We are excited about your expansion
and look forward to your long-term success.
Regards,
� zyrv�
Steve Grove
Commissioner
cc: Senator Bruce Anderson
Representative Marion O'Neill
Jim Thares, Economic Development Manager, City of Monticello
Economic Development Division
1st National Bank Building ■ 332 Minnesota Street ■ E200 ■ Saint Paul, MN 55101-1351
651-259-7432 PHONE ■ 800-657-3858 TOLL FREE ■ 651-296-5287 Fax ■ www.mn.gov/deed
AN EQUAL OPPORTUNITY EMPLOYER AND SERVICE PROVIDER
2/14/2020
RE: UMC Proposed Campus Development
%: Jim Thares, City of Monticello
To Whom it May Concern:
This letter shall serve as the commitment from Ultra Machining Company (UMC) to reimburse
the City of Monticello and/or its EDA for any forfeited earnest monies, up -to $40,000, in relation
to the purchase and development of PID #155143001020 in the City of Monticello, County of
Wright.
Should all of UMC's requested entitlements, permits and incentive applications, related to its
campus expansion project on PID #155143001020, be approved and executed by the city,
state, county and their agencies as submitted, and with those conditions met, UMC shall fail to
develop the property, UMC shall reimburse the City, and/or its EDA for actual forfeited earnest
money losses up -to $40,000.
This letter shall be superseded by any future agreements between the City of Monticello, its
EDA and Ultra Machining Company.
Respectfully,
Jaci Dukowitz
COO
Ultra Machining Company, Inc.
EDA Agenda: 02/26/20
9. Consideration of Adopting Resolution #2020-03 Approving an Interfund Loan,
authorizing expenditures of legally available EDA funds for costs related to TIF District
#1-41 to be reimbursed through tax increments from TIF District #1-41 (JT)
A. REFERENCE AND BACKGROUND:
The EDA is being asked to approve an interfund loan authorizing the expenditure of legally
available EDA funds for costs related to TIF District #1-41 which are then to be reimbursed
through future tax increments generated from new development in TIF District #1-41. This is
a legal and financial technical requirement, which will authorize the EDA to reimburse itself
for its upfront expenditures related to land purchase costs and administrative expenses for the
UMC expansion proposed in TIF District #1-41 using future increments generated from that
new development.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110 to
125 hours) preparing TIF Plan documents, various contracts and reports for review and
consideration by the EDA and City Council. Even though UMC's proposal is complicated,
and as such requires a higher level of staff time and review for all documents and actions to
be drafted, reviewed and scheduled, the current staff involved is sufficient to complete the
final review and approval steps.
A2. BUDGET IMPACT: The budgetary impact related to EDA consideration of Resolution
#2020-03 approving the proposed interfund loan is tied to the land purchase costs. For the
UMC expansion project, the EDA is spending money to acquire a 7.39 -acre development
parcel which it will want to be reimbursed with from future increments. The funds used for
acquisition are proposed to come from the EDA General Fund and pre -1990 TIF District 1-6.
According to the TIF Plan for TIF District #1-41, current projections show that increment will
be sufficient to reimburse the EDA in the amount of $731,000 plus interest for its upfront land
purchase costs and administrative costs.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution #2020-03 approving an Interfund Loan for the purpose of
reimbursing the EDA for its upfront expenditures related to TIF District #1-41.
2. Motion to deny adoption of Resolution #2020-03 approving an Interfund Loan for the
purpose of reimbursing the EDA for its upfront expenditures related to TIF District # 1-41.
3. Motion to table consideration of Resolution #2020-03 for further research and/or
discussion.
C. STAFF RECOMMENDATION:
Staff recommends Alternative #1. The consideration being asked of the EDA is a legal and
EDA Agenda: 02/26/20
financial step allowing the EDA to pay for the purchase of land for the UMC expansion from
any legally available funds and for the administrative costs required for this transaction, and
to be reimbursed by future tax increment collections generated by the new development in
TIF District #1-41.
A SUPPORTING DATA:
A. Resolution #2020-03
2
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2020-03
AUTHORIZING INTERFUND LOAN FOR
ADVANCE OF CERTAIN COSTS
IN CONNECTION WITH TAX INCREMENT
FINANCING DISTRICT NO. 1-41
BE IT RESOLVED By the Board of Commissioners of the City of Monticello Economic
Development Authority (the "Authority") as follows:
Section 1. Background.
1.01. The Authority has established tax increment financing district no. 1-41 (the "TIF
District") within the Central Monticello Development Project No. 1 (the "Development Project")
pursuant to Minnesota Statutes, Sections 469.174 to 469.1794 (the "TIF Act"), Sections 469.001
to 469.047, and Sections 469.090 to 469.108 1, all as amended.
1.02. The Authority may incur certain costs related to the TIF District, which costs may
be financed on a temporary basis from available Authority funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized
to advance or loan money from any fund from which such advances may be legally made in
order to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The Authority owns or will acquire certain property (the "Development
Property"). The Authority has determined that the fair market value of the Development
Property, as determined by the purchase price to be paid by the Authority to acquire the
Development Property, is $1,031,000.
1.05. The Authority proposes to enter into a Purchase and Development Contract (the
"Contract") with UMC Real Estate, LLC (the "Developer"), under which the Authority will
(among other things) convey the Development Property to the Developer for a purchase price of
$300,000, such payment to be deferred until February 2021.
1.06. By conveying the Development Property under the Contract and deferring
payment of the purchase price, at Closing the Authority will forgo receipt of the full fair market
value of the Development Property. Such forbearance represents an advance of Authority funds
in the amount of $1,031,000.
1.07. In addition, the Authority may incur certain administrative costs related to the TIF
District in an aggregate amount of up to $33,486, which may be paid from any legally available
fund and reimbursed from tax increments under the TIF Act.
1.08. The Authority intends to designate the advances described herein as an interfund
610824v2MN190-160
loan in accordance with the terms of this resolution and the TIF Act.
Section 2. Repayment of Interfund Loan.
2.01. The Authority will reimburse itself for the land advance in the principal amount
of $1,031,000, and for administrative costs in the principal amount of up to $33,486, together
with interest at the rate of 3.0% per annum (together, the "Interfund Loan"). Interest accrues on
the land advance portion of the Interfund Loan from the date of Closing on conveyance of the
Development Property to the Developer under the Development Agreement (hereafter, the
"Closing Date"), and on the administrative costs portion of the Interfund Loan from the date of
any advance of funds to pay such administrative costs. The interest rate is no more than the
greatest of the rate specified under Minnesota Statutes, Section 270.75 and Section 549.09, both
in effect for calendar year 2020. The interest rate will not fluctuate.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-
annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first
Payment Date on which the Authority has Available Tax Increment (defined below), or on any
other dates determined by the Executive Director, through the date of last receipt of tax
increment from the TIF District.
2.03. Payments on the Interfund Loan will be made solely from Available Tax
Increment, defined as tax increment from the TIF District received by the Authority from Wright
County in the six-month period before any Payment Date, less any amounts determined by the
Authority to be applied toward administrative expenses in accordance with the TIF Act.
Payments shall be applied first to accrued interest, and then to unpaid principal. Interest
accruing from the Closing Date will be compounded semiannually on February 1 and August 1
of each year and added to principal until the first Payment Date, unless otherwise specified by
the City Administrator.
2.04. The principal sum and all accrued interest payable under this resolution is pre-
payable in whole or in part at any time by the Authority without premium or penalty.
2.05. This resolution is evidence of an internal borrowing by the Authority in
accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation
payable solely from Available Tax Increment pledged to the payment hereof under this
resolution. The Interfund Loan shall not be deemed to constitute a general obligation of the State
of Minnesota or any political subdivision thereof, including, without limitation, the Authority
and the City. Neither the State of Minnesota, nor any political subdivision thereof shall be
obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto
except out of Available Tax Increment. The Authority shall have no obligation to pay any
principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid
after the final Payment Date.
2.06. The Authority may at any time make a determination to forgive all or a portion of
the outstanding principal amount and accrued interest on the Interfund Loan to the extent
permissible under law.
2
610824v2MN190-160
2.07. The Authority may from time to time amend the terms of this Resolution to the
extent permitted by law, including without limitation amendment to the payment schedule and
the interest rate; provided that the interest rate may not be increased above the maximum
specified in Section 469.178. subd. 7 of the TIF Act.
Section 3
Contract.
Effective Date
This resolution is effective upon execution in full of the
Adopted this 26t" day of February, 2020.
President
ATTEST:
Executive Director
3
610824v2MN190-160
EDA Agenda: 02/26/20
10. Consideration of Adopting Resolution #2020-04 Approving an Interfund Loan,
authorizing expenditures of up to the total balance of tax increments available from
TIF District No. 1-6 to pay a portion of property acquisition costs in connection with
TIF District No. 1-41 (JT)
A. REFERENCE AND BACKGROUND:
The EDA is being asked to approve an interfund loan authorizing the expenditure of up to the
total balance of tax increments available from TIF District #1-6 to pay a portion of upfront
property acquisition costs for a 7.39 -acre development parcel in connection with TIF District
#1-41. This is a legal and financial technical requirement allowing the EDA to utilize
available funds in pre -1990 TIF District #1-6 for a portion of the upfront land costs for
UMC's expansion proposal.
Staff has previously reviewed the UMC land purchase financing structure and process with
the EDA in workshops. This consideration is also a practical and functional step because it
allows the EDA to retain operational and financial flexibility as it supports the UMC
expansion proposal, and is consistent with a variety of 2020 Workplan goals. This step offers
an alternative to using the EDA General Fund for a significant portion of the land purchase.
Resolution #2020-04, if adopted, further authorizes the reimbursement of TIF District # 1-6, if
the EDA so chooses. The EDA can annually determine the amount (if any) to be repaid into
TIF District # 1-6 from future tax increments generated by the new UMC development in TIF
District #1-41.
Al. STAFF IMPACT: The EDA attorney (Kennedy and Graven) and the Financial Advisor
(Northland Securities) as well as the Economic Development Manager and the Community
Development Director have spent a considerable amount of time combined (estimate of 110 to
125 hours) preparing TIF Plan documents, various contracts and reports for review and
consideration by the EDA and City Council. Even though UMC's proposal is complicated,
and as such requires a higher level of staff time and review for the all documents and action
steps to be drafted, reviewed and scheduled, the current staff involved is sufficient to
complete the final review and approval steps.
A2. BUDGET IMPACT: The budgetary impact related to EDA consideration of Resolution
#2020-04 approving the proposed interfund loan is related to the land purchase costs. The
EDA's sources of land acquisition funds are the EDA General Fund and pre -1990 TIF District
#1-6. The total amount of funds currently available in TIF District #1-6 is approximately
$742,600 +/-. Current projections in the TIF Plan for TIF District #1-41 show sufficient
increment to reimburse the EDA in the amount of $731,000 plus interest for its upfront land
purchase costs as well as administrative costs.
B. ALTERNATIVE ACTIONS:
1. Motion to adopt Resolution #2020-04 approving an Interfund Loan for the purpose of
authorizing the use of increment from pre -1990 TIF District # 1-6 as a source of funds for
1
EDA Agenda: 02/26/20
upfront land acquisition expenses related to UMC, Inc.'s expansion project and further
authorizing future reimbursement of TIF District #1-6 from tax increments generated in
connection with new development in TIF District # 1-41.
2. Motion to deny adoption of Resolution #2020-04.
3. Motion to table consideration of Resolution #2020-04 further research and/or discussion.
C. STAFF RECOMMENDATION:
Staff recommends Alternative #1. The consideration being asked of the EDA is a legal and
financial step allowing the EDA to advance funds from TIF District #1-6 for a portion of the
purchase of a 7.39 -acre development site for UMC's expansion. It further authorizes, but
does not require, the EDA to reimburse TIF District #1-6 from tax increments generated by
TIF District #1-41.
D. SUPPORTING DATA:
A. Resolution #2020-04
2
CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION NO. 2020-04
AUTHORIZING ADVANCE OF FUNDS FROM TAX INCREMENT FINANCING
DISTRICT NO. 1-6 FOR COSTS IN CONNECTION WITH TAX INCREMENT
FINANCING DISTRICT NO. 1-41
BE IT RESOLVED By the Board of Commissioners of the City of Monticello Economic
Development Authority (the "Authority") as follows:
Section 1. Background.
1.01. The City of Monticello previously established its tax increment financing district
no. 1-6 (the "TIF District 1-6") within the Central Monticello Development Project No. 1 (the
"Development Project") pursuant to Minnesota Statutes, Sections 469.174 to 469.1794 (the "TIF
Act"), Sections 469.001 to 469.047, and Sections 469.090 to 469.1081, all as amended, which
TIF District 1-6 is currently administered by the Authority.
1.02. The Authority expects to incur certain costs related to a newly -created tax
increment financing district (the "TIF District 1-41"), which costs may be financed on a
temporary basis from available Authority funds.
1.03. Under Section 469.178, Subdivision 7 of the TIF Act, the Authority is authorized
to advance or loan money from any fund from which such advances may be legally made in
order to finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.04. The Authority intends to acquire certain property (the "Development Property")
within TIF District 1-41 at its fair market cost of $1,031,000, and intends to pay a portion of the
cost of acquiring the Development Property using tax increments from TIF District 1-6, up to the
total balance of tax increments (approximately $702,400) available in the account for TIF
District 1-6 (the "Balance").
1.05. The Authority has designated the advance of funds for the Development Property
acquisition as an interfund loan (the "Interfund Loan").
Section 2. Authorization of Use of Funds, Further Actions.
2.01. The Authority hereby authorizes the use of the Balance from TIF District 1-6 as
one of the legally available funding sources for the Interfund Loan.
2.02. The Authority reserves the right to permanently allocate all or any portion of the
Balance to the acquisition of the Development Property and to forgive such portion of the
Interfund Loan, as authorized in the Authority's resolution approving the Interfund Loan and
adopted on the date hereof.
633917v1MN190-160
Section 3. Effective Date. This resolution is effective upon approval.
Adopted this 26th day of February, 2020.
President
ATTEST:
Executive Director
633917v1MN190-160
EDA Agenda: 02/26/20
11. Consideration of approving Industrial Land Absorption and Demand Study (JT)
A. REFERENCE AND BACKGROUND:
In early 2019, the EDA asked WSB to complete an Industrial Land Absorption and
Demand Study as a component of its 2019 Economic Development Services Contract. It
was hoped that the Study would provide more information regarding industrial land needs
over the next 15 to 20 years as the City begins the process of updating its Comprehensive
Plan.
The EDA received a summary of the Study in a presentation from Jim Gromberg, WSB
& Associates, at the 2-12-20 meeting. EDA members offered comments and suggested
edits and asked for a final draft to be presented at the 2-26-20 meeting. WSB staff will
also be in attendance at the 2-26-20 EDA meeting to again review the report and respond
to questions.
The draft Study offers community market information, a history of land absorption for
commercial industrial properties in Monticello and scenarios of maintaining tax base
valuation to replace Xcel's Monticello Nuclear Generating Plant when is transitions out
of service in 20 years +/-. Also included in the report is a prospective timeline in which
the EDA and City would need to act to continue to actively support industrial
development. Several available sites are presented as potential future industrial
development parks along with preliminary cost estimates of acquiring and infrastructure
and grading work components.
Al. Staff Impact: City staff committed 45 to 55 hours of time in gathering the history
of industrial development in Monticello, providing data used in taxpayer rankings
and largest employers in the City and finally in editing and reviewing the document
for content and clarity.
A2. Budget Impact: WSB took on the cost of producing the Industrial Land
Absorption and Demand Study as a component of the 2019 Economic Development
Services contract. The EDA will be billed for various map graphics and
illustrations that are included in the report. The estimate of the illustration costs is
approximately $2,000 +/-.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the Industrial Land Absorption and Demand Study contingent
on any additional final edits or changes as directed by the EDA.
2. Motion to deny approval of the Land Absorption and Demand Study.
Motion to table approval of the Industrial Land Absorption and Demand Study for
further research and/or discussion
W
C. STAFF RECOMMENDATION:
Staff recommends approval of Alternative #1 wherein the EDA approves the Industrial
Land Absorption and Demand Study. The study provides a summary of historical
commercial industrial land development in Monticello and offers guidance tied to national
regional and local trends for future demand projections. It also provides information
regarding potential future industrial sites and preliminary development cost estimates.
The Study's review and consideration by the EDA is such that it could be available for use
in completing the Monticello 2040 Comprehensive Plan which is just beginning and will
continue through much of 2020. If the EDA approves the Study, it will be a reference
document for discussion and planning efforts regarding additional industrial land sites in
Monticello. It will also be provided to the Comprehensive Plan consultants and various
staff for integration into the 2040 Comprehensive Plan document.
D. SUPPORTING DATA:
A. Industrial Land Absorption and Demand Study, WSB & Associates (To Be
Provided at Meeting)
wsb�
Monticello Industrial Land
Absorption &Demand
Study
February 26, 2020
WSB Economic Development Staff
• Jim Gromberg, EDFP
Project Manager
Eric Maass, AICP
Economic Development
Coordinator
Purpose
1. Identify Land Absorption Rate within
Otter Creek Business Park
2. Tax impact of Xcel Energy plant
3. Identification of potential future business park locations
loss
INDUSTRIAL LAND
ABSORPTION &
DEMAND STUDY
Findings -Absorption
1. Over the 12 years since acquisition, 5 projects completed encompassing 43 acres (+/-).
a. Average absorption of 8.6 acres per project
b. 2016 Dalheimer Beverage — 6.2 acres
2. Current interest levels indicate that the remaining 31.75 acres could be developed
within the next 3-4 years.
1
4
Findings — Xcel Tax Impact
1. 2018 Xcel Tax Capacity - $478887283 (55% of City's total tax capacity)
2. If decommissioned in 2040, the City will need to have replaced $4,888,283 in tax capacity,
or an additional $244,414 in taxes payable per year between now and 2040.
3. Examples of successful economic development
I RET Property
• 2017
taxes
payable
- $34,496
• 2019
taxes
payable
- $276,410 (Increase of $241,914)
Bondhus Corporation
• 2018 Assessed Value - $1,359,900
• 2019 Assessed Value - $2,078,400 (Increase of $718,500 in assessed value)
- increase of $2,996 in taxes payable
5
1
O
l
Site Three\�
Site Two
\
o
1 21\\
:�
City of Monticello Boundary
Orderly Annexation Area
/ Site
Ii 'Jl
ii
—One----
— — tI
Site Three
��
ll—
Site Two
��
Site One
Possible Otter Creek Business
Park Expansion Areas
-� Otter Creek Business Park
Oakwood Industrial Park
r
[-�Monticello
Potential Future Industrial Park: Possible Sites
N 0 z,�oo �,000
Monticello, MN
A Feet
,Wsb
1
Site 1
• Directly adjacent to Cty Hwy 25 (added traffic)
• Existing full access interchange with 1-94
• Currently guided as "Places to Work"
• Utilities in close proximity to site
• 139 acres in size (some annexation)
*CosttD acquire is based on 2019 assessed value plus 10%
3
Monticello Potential Future Industrial Park: Possible Sites 0 Tao 1,a0n
Monticello, MIN � �'-cel
Necessary
Irrfraslructure
Estimated Cost
Per Linear Fool
aislance from Site
(ft)
Estimated Gust to
Emend Lltiities
5arrtary Sewer
$175
1,200
$210,0[}0
Water Pi
$E0
1,200
$96,om
Urban Roadways
1 $350
1,200
$420,0[}0
Property Acquisition
Total Square
Feel
Cost per Square
foci
Estimated Cast to
Acquire
PID 155500221101
3,45%535
$038
$1,306,E90
PID213100724203
954,399
$034
$326,510
PID213100724100
1,715,828
$0.16
$275,330
Estimatied Total
$2,04,830
*CosttD acquire is based on 2019 assessed value plus 10%
3
Monticello Potential Future Industrial Park: Possible Sites 0 Tao 1,a0n
Monticello, MIN � �'-cel
Site 2
• 188 acres in size
• Currently guided as "Interchange Planning Area
• Full access interchange with 1-94 with CR 39 or
120th Street NE would make site more desirable
from an access standpoint
• Closest utilities at CR 39 and Chelsea Rd
• Would require annexation (within OOA)
`Cost to acquire is based on 2019 assessed value plus 10%
Potential Future Industrial Park: Possible Sites
Monticello, MIN
1�
0 7(70 1 GDD
A EP,
Necessary Infrastructure
Estimated Cost Per
Linear Foot
Distance from Site
00
Estimated Cost to Extend
Utilities
Sanitary Sewer
$175
6,000
$1,050,000
Water Main
$80
6,000
$480,000
Urban Roadways
$350
61000
$2,100,000
Property Acquisition
Total Square Feet
Cost per Square foot
Estimated Cost to Acquire
PID 213100043100
5,712,894
$0.16
$906,290
PID 21310004420D
2,476,435
$0.14
$334,950
Estimated Total:
$4,871,24(}
`Cost to acquire is based on 2019 assessed value plus 10%
Potential Future Industrial Park: Possible Sites
Monticello, MIN
1�
0 7(70 1 GDD
A EP,
Site 3
• 111 acres in size
• Full access interchange with 1-94 and 120th Street
NE would make site more desirable from an
access standpoint
• Currently guided as "Interchange Planning Area"
• Utilities on east side of 1-94 —jacking underneath
Highway
• Would require annexation (within OOA)
*Cost to acquire is based on 2D19 assessed value plus 10%
n 4 'Sn rev v¢i�v
9r,
Potential Future Industrial Park: Possible Sites N D 500 1,000
Monticello, MIN 14 Feet Ws60!
,. ,
Necessary Infrastructure
Estimated Cost Per
Linear Foot
Distance from Site
00
Estimated Cost to Extend
Utilities
Sanitary Sewer
$175
1,100
$1,925,000
Water Main
$80
1,100
$88,0011
Urban Roadways
$350
-
-
Jacking under Interstate
$350
1,000
$3511600
Property Acquisition
Total Square Feet
Cost per Square foot
Estimated Cost to Acquire
PID 21320032440D
1,738,915
$0.13
$224,620
PID 213200324301
910,404
$0.18
$164,230
PID 213200324403
86,213
$2.35
$202730
PID 21.3100051103
252,113
$1.06
$268,400
PID 21310005110D
715,255
$0.14
$103,290
PID 213100042202
1,185,267
$0.15
$183,920
lEstimated Total:
$3,510,190
*Cost to acquire is based on 2D19 assessed value plus 10%
n 4 'Sn rev v¢i�v
9r,
Potential Future Industrial Park: Possible Sites N D 500 1,000
Monticello, MIN 14 Feet Ws60!
Properties adjacent to Otter Creek Business Park
• 65 acres in size
• Currently guided as "Places to Work / Places to
Shop"
• Utilities directly adjacent to sites
• Some annexation (within OOA)
1�
'Monticello Potential Future Industrial Park: Possible Sites u o soo ',00a
�_� Monticello, MN A Feet Wsb
Recommended Site — Site 1
• If the City desires to develop a new industrial park
location we recommend the City first consider
Site 1 due to the following:
1. Direct access to a full interchange to 1-94
2. 79 acres already within municipal boundary
3. Appropriate Comprehensive Plan designation
4. General close proximity of utilities
5. Single owner of the 79 acre site
IIIA
3
a y
Monticello Potential Future Industrial Park: Possible Sites 0 Tao 1,a0n
Monticello, MN �' EEi
wsb
THANK YOU
EDA Agenda: 02/26/20
12. Consideration of Authorizing Hospitality Study Proposal and Entering into a
Professional Services Contract with Hospitality Consulting Group, Excelsior, MN in
the amount of $5,550 (JT)
A. REFERENCE AND BACKGROUND:
This item is presented to the EDA for consideration of entering into a contract with
Hospitality Consulting Group to complete an updated Hotel and Hospitality Study.
During the January, 2020 IEDC Meeting, members discussed the importance of the City
completing an updated Study due to new commercial and residential development that
has occurred in the market. Upon concluding discussion, the IEDC approved a motion
recommending that the EDA update the 2015 Study. The original report was completed
by Hospitality Consulting Group.
The study would be completed with two focus areas: downtown and the greater
Monticello community.
Al. Staff Impact: There is a low staff impact besides discussion with the Hospitality
Consulting Group and creating this staff report.
A2. Budget Impact: The total contract price would not exceed $5,550 within the scope
of the proposal. Added costs could incur, if the study would need further research
or engagement. The funding would be sourced the EDA General Fund
miscellaneous professional services line item.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the Hospitality Consulting Group quote proposal for an updated
Hotel and Hospitality Study in the amount of $5,550.
2. Motion to deny the Hospitality Consulting Group quote proposal for completing an
updated Hotel and Hospitality Study in the amount of $5,550.
3. Motion to seek additional quote proposals from other consultants and bring back to
the EDA for future consideration.
4. Motion to table consideration of an updated Hotel and Hospitality Study for further
research and/or discussion.
5. Motion of other as directed by the EDA.
C. STAFF RECOMMENDATION:
Staff recommends approval of Alternative #1 wherein the EDA accepts the proposed
Hospitality Consulting Group proposal in the amount of $5,550. The City has seen recent
changes in commercial and residential development which may have changed the demand
for hotel and hospitality facilities. The members of the IEDC believe the updated data is
essential in providing good quality information to prospective developers. Staff also agree
that completing the study will help answer room demand questions and guide interactions
and process steps with prospective Hotel developers.
A SUPPORTING DATA:
A. Hospitality Consulting Group Proposed Quote and Contract
Hospitality
CONSULTING GROUP
February 20, 2020
Angela Schumann, AICP
Community Development Director
City of Monticello
505 Walnut Street
Monticello, MN 55362
Dear Ms. Schumann:
Hospitality Consulting Group is pleased to present the following proposal to update
the hotel market study for Monticello, Minnesota that we conducted in August 2015.
We understand that the City is interested in examining the economic feasibility of a
new hotel to be located within the community. The purpose of this study will be to re-
evaluate the market potential that exists for a new hotel and, if market justified,
prepare operating and financial projections for the recommended hotel concept. This
letter presents our understanding of the assignment, the services which we propose to
provide, the timing and fees required and the conditions and limitations under which
we would work.
BACKGROUND AND UNDERSTANDING
We understand that the City of Monticello is interested in attracting a new hotel.
Accordingly, the City is interested in determining whether a new lodging facility can
be market justified at both a potential location in the downtown and along
Interstate 94.
Based on its findings from the study performed in 2015, the Hospitality Consulting
Group concluded that a new upper midscale hotel would have the greatest
possibility for economic success. Key findings of the study included:
1. The local hotel market occupancy was found to have averaged approximately
55 percent over the previous four years, after adjustment for atypical
demand from power plant maintenance crews;
2. Upscale demand was leaving the market in favor of higher quality hotels in
Albertville and Maple Grove;
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmai1.com
Ms. Angela Schumann
Page 2
3. The Monticello lodging market experienced a number of capacity nights
during the summer and during certain community events; and
4. Anew 60 -room upper midscale hotel could expect to achieve annual
occupancies of 54% to 63% in its first five years of operation and capture
an average daily rate of $106.67 to $120.37 over this period.
SCOPE OF SERVICES
The scope of services that we propose to update our evaluation of the hotel
development potential in Monticello is detailed below:
- Meet with you and other city officials to obtain information on recent and
proposed developments that may have an impact on lodging demand;
- Obtain information regarding the scope and timing of the Google facility planned
for Becker;
- Update current economic and demographic data pertaining to the local and
regional market to evaluate the present economic climate and to estimate
future growth potential, particularly as it relates to lodging demand;
- Obtain current data regarding the performance of the local hotel market and re-
interview several of the local employers who utilize lodging accommodations in
order to quantify the current overall demand for hotel rooms in the market
area and demand what is deterred from the market;
- Inspect the other hotels in Monticello and evaluate them with respect to their
age, facilities and amenities, rate structure and their relative competitiveness;
- Identify other proposed hotel developments in the area and assess their
probability of completion and the degree to which they would compete with
the subject hotel;
- Prepare a demand analysis for a hotel located in the downtown area and for a
hotel with conference facilities located within 1/4 mile on either side of
Interstate 94. Each location has competitive advantages and disadvantages.
Estimates of future lodging demand and likely market penetration will be
prepared for the recommended hotel at both locations, from which utilization
(occupancy and average rate) will be prepared for their first five years of
operation;
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmai1.com
Ms. Angela Schumann
Page 3
Prepare estimates of room revenue, other revenue, and operating expenses
for the recommended hotel project at both locations to the level of cash flow
available for debt service, for their first five years of operations; and
- Based on the site and the estimated hotel development costs for each location,
prepare a feasibility analysis that analyzes the ability of the hotels to meet their
respective debt service obligations under likely financing assumptions.
At the conclusion of the market study we will review our findings, conclusions and
recommendations with you.
Final Report
We will prepare a final written report that will contain our findings, conclusions, hotel
facility description and financial projections, as well as the underlying data and
documentation supporting the analysis. The report will contain sufficient information
and analysis to assist potential developers in determining their level of interest in
pursuing a hotel development. The report will be provided in draft form for your
review and comment, prior to finalization.
ESTIMATED FEES AND TIME FRAME
Based on the scope of the work outlined, the fee required for this engagement will be
$5,000 plus $550 for hotel data purchase. This fee includes all other expenses
associated with the assignment. Our fee includes three bound copies of the final report
and an electronic copy. If additional bound copies are requested, we will provide them
to you at our reproduction cost.
Our fees for this engagement will not exceed $5,550 unless the scope of our work is
significantly expanded. If additional work in excess of the scope described above is
requested, we will discuss the matter with you so that a mutually acceptable revision
may be made. Of course you may terminate this engagement at any time by so
informing us, in which case you would only be responsible for the fees and expenses
incurred to that point.
In accordance with our Firm's policy on consulting engagements, a retainer of $2,500
must accompany confirmation of this engagement. The remaining $3,050 will be due
upon receipt of the draft report and must be paid prior to release of the final report. If
the project is halted at any time, we will refund any unused portion of the retainer
received.
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmai1.com
Ms. Angela Schumann
Page 4
We anticipate this assignment will take three weeks to complete.
TERMS AND CONDITIONS
Our report will be based on estimates, assumptions and other information developed
from our research of the market, knowledge of the industry and meetings with City
officials. The sources of information and bases of our estimates and assumptions will
be stated in the report. The terms of this engagement are such that we will have no
obligation to revise the report or the projected operating results to reflect events or
conditions that occur subsequent to the completion of our field work in the market.
However, we will be available to discuss the necessity for future revision because of
changes in the economic or market factors affecting the proposed project.
Some assumptions inevitably will not materialize, and unanticipated events and
circumstances may occur; therefore, actual results achieved during the periods
covered by our prospective analyses will vary from those described in our report, and
the variations may be material. Our report will contain a statement to this effect.
Further, we will not be responsible for future marketing efforts and other management
actions upon which actual results will depend.
Our report is intended for the information of the City of Monticello and may be
provided to interested hotel developers. It may also be used in its entirety in support
of financing efforts for a specific hotel project in the community. However, neither the
report nor its contents may be referred to or quoted in any registration statement,
prospectus, private placement memorandum, appraisal or other investment document
without our prior review and written consent. It is agreed that the liability of
Hospitality Consulting Group and its employees is limited to the amount of fee paid
as liquidated damages.
ACCEPTANCE PROCEDURE
If this proposal meets with your approval, please return a signed copy of this
engagement letter along with a retainer check as authorization to proceed with the
engagement.
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmai1.com
Ms. Angela Schumann
Page 5
If you have any questions or would like to discuss this proposal further, please feel free
to call. We look forward to working with you on this project.
Sincerely,
HOSPITALITY CONSULTIING GROUP
Stephen W. Sherf
President
ACCEPTED BY:
TITLE:
DATE:
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmail.com
Ms. Angela Schumann
Page 6
Profile
Stephen Sherf - President, Hospitality Consulting Group
Stephen Sherf has over 30 years of operational and consulting experience in the hospitality
industry. He spent 15 years with a large national public accounting firm, where he was the
partner -in -charge of the hospitality consulting division for the Upper Midwest. He also
started a gaming consulting company where he worked for 15 years, and most recently,
founded a hospitality consulting company.
Mr. Sherf has an extensive background in hospitality consulting that encompasses market
studies, valuations, appraisals, acquisitions and sales. He has performed market studies and
other advisory services for over 200 hotel projects located mainly throughout the Midwest,
for clients that include developers, lenders, hotel companies, and municipalities.
He also has particular expertise in development consulting to the gaming industry and has
worked on numerous income producing real estate projects that include nursing homes,
elderly housing, subsidized and market rate housing, office buildings, retail developments,
water parks convention centers, ice arenas, restaurants, convenience stores, bowling alleys
and cinemas.
Operating positions held during Mr. Sheds career include restaurant manager, auditor, Vice
President of Development for a hotel company, and Treasurer for a gaming company where
he oversaw the operations of three Colorado casinos.
Mr. Sherf is known for his hands-on involvement and realistic conclusions. Where
appropriate, development recommendations are backed by an economic feasibility analysis
and a sensitivity analysis to assess risk.
He has provided expert witness testimony relating to the valuation of hotels and
restaurants and business interruption claims. He has taught continuing education seminars
and spoken at gaming, investment, and state appraisal conferences. He has been a guest
lecturer at the University of Minnesota Graduate School of Business and Stout University. He
is frequently quoted in local newspapers and business magazines.
Mr. Sherf received an undergraduate degree in economics and an MBA in finance from
Cornell University. He holds a Minnesota real estate license and has completed several
American Appraisal Institute courses. He is a Certified Public Accountant (inactive), is active
in the Minnesota Lodging Association, has served on the planning commission for the City of
Minnetrista, and has held a Colorado gaming license.
5315 Eureka Road
Excelsior, MN 55331
Phone (612) 867-1649 hcgroup2@gmail.com