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V. MICRO LOAN FUND TERMS & CONDITIONS <br />Loan Structure <br />All Economic Development Micro Loans shall be structured as participation loans <br />and serviced by the project's primary lending institution, rather than as a direct loan, <br />unless otherwise approved by the EDA Finance Committee. Such an arrangement <br />allows for the central distribution and collection of funds and simplifies the financing <br />process for all parties involved. A participation agreement will be signed by the <br />borrower, primary lender and the EDA. <br />The EDA may require additional agreements to be signed by the borrower <br />(i.e. security agreement, personal guarantees, business subsidy agreement). <br />Simultaneous Micro Loans <br />The simultaneous use of different Micro Loan Fund Programs by any one borrower <br />or for any one project is prohibited. <br />Call of Loan <br />A loan shall become due and payable in full if a business relocates outside of the city <br />of Elk River prior to the maturity date of the loan. <br />Late Payment Charge <br />A late payment charge of 8% of the installment amount maybe enforced. <br />VI. REGULATION FOR NEW CONSTRUCTION AND IMPROVEMENTS <br />All buildings which public funds will be used for construction or renovation axe to <br />be brought into conformance with city ordinances and state building codes. Repairs <br />may include the following systems and portions of real property: <br />a. Mechanical heating, plumbing, and electrical <br />b. Structural; including the facade of the structure and energy related <br />unprovements. <br />c. Hook-up to city services (i.e. water, sewer) <br />d. ADA (Americans with Disabilities Act) improvements <br />VII. LOAN SECURITY AND GUARANTEES <br />Applicant must be able to secure the loan by providing the EDA with a minimum of <br />a subordinate mortgage upon the building and/or assets or other approved collateral. <br />Applicant must demonstrate the financial means to repay the loans, as determined by <br />the Economic Development Authority. <br />Whenever possible, personal guarantees will be made part of any loan agreement. <br />Key person life insurance maybe required as determined by the EDA Finance <br />Committee based on loan amount and company ownership partners. <br />Micro Loan Fund Policy & Guidelines Page 6 of 15 <br />Amended May 2011 <br />