HomeMy WebLinkAboutResolution No. 16-05 EDALINO LAKES ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA
RESOLUTION NO. 16-05
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT AND AWARDING
THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR
THE ISSUANCE OF ITS TAX INCREMENT REVENUE NOTE, SERIES 2016; IN THE
MAXIMUM PRINCIPAL AMOUNT OF $1,200,000.
BE IT RESOLVED BY the Board of Commissioners ("Board") of the Lino Lakes Economic
Development Authority, Minnesota (the "Authority") as follows:
Section 1. Authorization; Award of Sale.
1.01. Authorization. The Authority has heretofore approved the establishment of Tax Increment
Financing (Economic Development) District No. 1-12 (the "TIF District") within Development District No.
1 ("Project"), and has adopted a tax increment financing plan for the purpose of fmancing certain
improvements within the Project.
Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its
bonds for the purpose of financing a portion of the public development costs of the Project. Such bonds are
payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the
bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue
and sell its Tax Increment Revenue Note, Series 2016 (the "Note") in the maximum aggregate principal
amount of $1,200,000, for the purpose of financing certain public costs of the Project.
1.02. Business Subsidy. On the date hereof, the Board held a public hearing relating to the
Contract for Private Development (the "Agreement") between the Authority, United Properties
Development LLC (the "Owner"), and Distribution Alternatives, Inc. (the "Tenant"), incorporating a
business subsidy agreement and at the public hearing, the views of all interested parties were heard.
1.03. Agreement Approved; Issuance, Sale, and Terms of the Note. The Authority hereby
authorizes the President and Executive Director to execute such Agreement in substantially the form on file
with Authority, subject to modifications that do not alter the substance of the transaction and are approved
by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their
approval. The Authority hereby delegates to the Executive Director the determination of the date on which
the Note is to be delivered, in accordance with Section 3.4 of the Agreement. Pursuant to the Agreement,
the Note shall be issued to the Owner. The Note shall be dated as of the date of delivery and shall not bear
any interest. The Authority shall receive in exchange for the delivery of the Note the payment by the Owner
of the Public Development Costs as defined in the Agreement. The Note will be delivered in accordance
with the terms of Section 3.3 of the Agreement.
Section 2. Form of Note. The Note shall be in substantially the form attached hereto as
EXHIBIT A, with the blanks to be properly filled in and the principal amount adjusted as of the date of
issue:
Section 3. Terms, Execution and Delivery.
3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered
R-1.
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The Note shall be issuable only in fully registered form. Principal of the Note shall be payable by
check or draft issued by the Registrar described herein.
3.02. Dates. Principal of the Note shall be payable by mail to the owner of record thereof as of
the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day
is a business day.
3.03. Registration. The Authority hereby appoints the Executive Director to perforin the
functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the
rights and duties of the Authority and the Registrar with respect thereto shall be as follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall
provide for the registration of ownership of the Note and the registration of transfers and exchanges of the
Note.
(b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the registered
owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the
Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered
owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or
transferees, a new Note of a like aggregate principal amount and maturity, as requested by the transferor.
Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or
other related entity, of the Owner unless the Authority has been provided with a certificate of the transferor,
in a form reasonably satisfactory to the Authority, that such transfer is exempt from registration and
prospectus delivery requirements of federal and applicable state securities laws. The Registrar may close
the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date
and until such Payment Date.
(c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the
Registrar and thereafter disposed of as directed by the Authority.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note
or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal,
in good faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose
name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the
Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of such
Note and for all other purposes, and all such payments so made to any such registered owner or upon the
owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such
Note to the extent of the sum or sums so paid.
(f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may
impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other
governmental charge required to be paid with respect to such transfer or exchange.
(g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be
lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, maturity dates and tenor in
exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution
for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the
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Registrar in connection therewith; and, in the case of such Note lost, stolen, or destroyed, upon filing with
the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the
ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form,
substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as
obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such
cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already
matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new
Note prior to payment.
3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive
Director and shall be executed on behalf of the Authority by the signatures of its President and Executive
Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before
the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same
as if such officer had remained in office until delivery. When the Note has been so executed, it shall be
delivered by the Executive Director to the Owner in accordance with the Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal on the Note all
Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of
the principal of the Note in accordance with the terms of the form of Note set forth in Section 2 of this
resolution.
4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof
remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose
other than the payment of the principal of the Note. The Authority irrevocably agrees to appropriate to the
Bond Fund in each year Available Tax Increment. Any Available Tax Increment remaining in the Bond
Fund shall be transferred to the Authority's account for TIF District No. 1-12 upon the payment of all
principal to be paid with respect to the Note.
Section 5. Certification of Proceedings.
5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and
directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of
the Authority, and such other affidavits, certificates, and information as may be required to show the facts
relating to the legality and marketability of the Note as the same appear from the books and records under
their custody and control or as otherwise known to them, and all such certified copies, certificates, and
affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the
facts recited therein.
Section 6. Effective Date. This resolution shall be effective upon full execution of the
Agreement.
Adopted by the Board of Commissioners of the Lino Lakes Economic Development Authority
this 25th day of July, 2016.
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The motion for the adoption of the foregoing resolution was introduced by Board Member
Manthey and was duly seconded by Board Member Maher and upon vote
being taken thereon the followingvoted in favor thereof:
Manthey, Maher, Raferty, Reinert, Kusterman
The following voted against same:
none
ATIEST:
:1:r . son, Executive Director
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iTliam Kusterman, President
LINO LAKES ECONOMIC DEVELOPMENT AUTHORITY
AGENDA ITEM 3B
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: July 25, 2016
TOPIC: Public Hearing. Consider Resolution No. 16-05, Approving
Contract for Private Development and Awarding Sale of Tax
Increment Revenue Note.
VOTE REQUIRED: 3/5
BACKGROUND
United Properties has made a request for tax increment financing on behalf of the tenant,
Distribution Alternatives, Inc. (DAI). United Properties will be constructing a 402,000 square
foot building in the proposed Clearwater Creek Business Park and leasing the building to DAI.
DAI is a third party distribution center that provides warehousing and administrative services
for a variety of clients.
In 2004, DAI consolidated its headquarters and distribution services in Lino Lakes, moving
into a 265,000 square foot facility in the Marshan Lake Industrial Park. The company has
continued to grow and is in need of a larger facility. DAI currently employs 120 full time
employees, plus additional temporary positions during the year.
The new facility will be the located in the southwest quadrant of the I-35E/CSAH 14
interchange. The location will allow utilization of the transportation improvements that have
been completed over the past 8 years. The estimated value of the new construction is
approximately $18,000,000. The estimated tax increment generated over the life of the district
is approximately $2,613,000.
Based on an analysis of information provided by United Properties, staff and the City's
financial consultants, are recommending providing $1.2 million in assistance over a period of
approximately 5.5 years. The assistance will be on a "pay as you go" basis for site
improvements and infrastructure costs. The EDA will issue a "note" in the amount of
$1,200,000 in exchange for the improvements identified in the agreement. The developer will
be reimbursed by tax increments generated by the development on an annual basis.
In addition to completion of the improvements, the developer will be responsible for ensuring
the tenant meets the following Job and Wage goal requirements over the term of the assistance:
(i) the retention of sixty (60) full-time equivalent jobs in the City on the Development
Property, and (ii) the hourly wage of the jobs to be retained under subdivision (i) to be at least
110% of the federal minimum wage, exclusive of benefits.
The developer will also be required to cause the tenant to pay ninety percent (90%) or more of
the employees at the facility at a rate equal to or greater than one hundred and sixty percent
(160%) of the federal minimum wage for individuals over the age of twenty (20).
The EDA Business Subsidy Criteria has been established for use in evaluating a request for
financial assistance. These include the following:
Public purpose. A business subsidy must meet a public purpose, including but
not limited to increasing the tax base. Job retention may only be considered a
public purpose if the loss of jobs is specific and demonstrable.
(b) Increase in tax base. While an increase in the tax base cannot be the sole rounds
for granting a subsidy, the City and the EDA believe it is a necessary condition
for any subsidy.
(c) Jobs and Wages. In instances in which job creation is determined to be a goal,
the City and the EDA will review all of the unique circumstances surrounding
the proposed development to determine how many jobs should be required in
exchange for the proposed subsidy. If job creation is determined to be one of
the main goals of a proposed development, it is the City's and the EDA's intent
that the recipient create the maximum number of livable wage jobs at the site
with no fewer than 5 jobs. This may include jobs to be retained but only if
retention is specific and demonstrable. The job and wage goal must be attained
within two years of the benefit date (as defined in the Business Subsidy Act).
The City and the EDA may, after a public hearing, extend for up to one year the
period for meeting the job and wage goal. Qualifying jobs are those which pay,
at a minimum, 110 percent of the federal minimum wage, plus benefits. Any
deviation from the established wage level must be documented in conformity
with the requirements set forth in the Business Subsidy Act. If the City or the
EDA, following a public hearing, determines that job creation or retention is not
part of the public purpose of the subsidy, the wage and job goal may be set at
zero.
(d) Economic Development. Projects should promote one or more of the following:
1. Encourage economic and commercial diversity within the
community;
2. Contribute to the establishment of a critical mass of commercial
development within an area;
3. Increase the range of goods and services available or encourage
fast growing or other desirable businesses to locate or expand
within the community;
4. Promote redevelopment objectives and removal of blight,
including pollution cleanup;
5. Promote the retention or adaptive reuse of buildings of historical
or architectural significance;
6. Promote additional or spin-off development within the
community;
7. Development of safe and affordable housing; or
8. Encourage full utilization of existing or planned infrastructure
improvements.
The City's Economic Development Advisory Committee reviewed the project and
recommended that the EDA support the project.
The proposed project will increase the City's tax base. retain existing jobs and provide for new
job creation. Local job and wage goals will be met per the agreement. Development of the
Clearwater Creek Business Park will create new economic development opportunities within
the I -35E commercial corridor. The development will also encourage full utilization of existing
infrastructure improvements within this area.
Julie Eddington from Kennedy and Graven will be present at the meeting to address questions
from the board.
RECOMMENDATION
Staff is recommending approval of Resolution No. 16-05.
ATTACHMENTS
1. Resolution No. 16-05
2. Contract for Private Development