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Of all TIF districts, the Economic Development District is most often the one limited to a lesser term. Economic <br />Development Districts are really “incentive” districts where it is not so much the extraordinary costs as it is an <br />incentive” to get a business to locate in a community. In the other districts, the costs are easily identifiable <br />and usually significant such as demolition, relocation, environmental remediation, and the cost differential <br />between market rate and income/rent restricted housing. Consideration: The developer has stated the project <br />would not happen ‘but-for’ the assistance. The assistance will also facilitate the creation/retention of a minimum <br />70 jobs and wage levels consistent with the City’s business subsidy policy. As the City has also received an <br />application for other City forms of assistance, including a business microloan, the City may consider assigning <br />within the business subsidy agreement a portion of the jobs as applicable to the TIF assistance and a portion <br />to the microloan. <br />Developers receiving TIF assistance shall provide a minimum of ten percent (10%) cash equity investment in the <br />project. TIF will not be used to supplant cash equity. Consideration: the developer will have at least 10% equity <br />investment. Most of the required equity will come from the sale of existing building property. The owner/business <br />will provide initial cash down payment for the project at the closing of the land and construction financing and will <br />be reimbursed when the property sells. The developer will also be using land as equity for securing financing. <br />TIF will not be used in circumstances where land and/or property price is in excess of fair market value. A <br />third-party appraiser agreed upon by the city and developer will determine the fair market value of the land. <br />Consideration: the City hired a commercial broker to help it determine listing price and fair market value. This <br />sales price would meet expectations of fair market value. <br />The developer shall demonstrate a market demand for a proposed project. TIF shall not be used to support <br />purely speculative projects. Consideration: existing business operations. <br />The developer shall adequately demonstrate, to the city’s sole satisfaction, an ability to complete the proposed <br />project based on past development experience, general reputation, and credit history, among other factors, <br />including the size and scope of the proposed project. Consideration: the developer and related business <br />entities have shared financials representing sufficient resources to complete the project. <br />For the purposes of underwriting the proposal, the developer shall provide any requested market, financial, <br />environmental, or other data requested by the city or its consultants. <br />The City of Elk River shall only use TIF to encourage economic growth and development within the city limits. <br />Financial Needs Analysis) <br />Upon approval of a TIF district and project, the City must make several findings, including the “but for” test: that <br />the proposed development would not reasonably be expected to occur solely through private investment within <br />the reasonably foreseeable future. The developer has stated that without assistance being provided as upfront <br />through land write down, the project would not be able to secure the structure and level of debt financing <br />necessary for the project to be viable due to the following factors: 1) using equity to pay for upfront land costs <br />would impact HMI’s working capital. It would rely on higher cost funding and potential hinder future abilities to <br />remain price competitive and subject it to less reliable source of working capital to support operations, 2) the bank <br />would require higher equity investment from PLM properties if upfront assistance were not provided. This may <br />strain or limit the project scope due to capital constraints, 3) there are limitations on the level of bank financing <br />the project can secure due to the size of the capital investment and project. The developer’s submittals have <br />indicated that the upfront land write would alleviate the financing risks and concerns, provide PLM with the <br />necessary financial stability to secure a more favorable loan structure with a lower debt burden that would allow <br />HMI to maintain sufficient cash flow to meet operational needs, and to ensure business continuity during <br />construction of the project. Additionally, reduced equity requirements from the bank resulting from land write down <br />and availability of more working capital may allow PLM properties to accelerate the possibility of constructing the <br />40,000 square foot expansion. <br />Based on the developer’s stated position relative to the need for tax increment financing assistance, the City <br />could make its “but for” finding and provide tax increment assistance. We recommend, however, that the City <br />Page 42 of 64Page 403 of 464