Loading...
HomeMy WebLinkAboutHRA Item 04 City of Lakeville, Minnesota Housing and Redevelopment Authority for the City of Lakeville Tax Increment Financing Plan for Tax Increment Financing (Economic Development) District No. 21 Within Airlake Redevelopment Project No. 1 (SSB Manufacturing Company/Scannell Properties) Draft Dated: August 21, 2015 Public Hearing Scheduled: September 21, 2015 Anticipated Approval Date: September 21, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM TABLE OF CONTENTS PART I LAKEVILLE AIRLAKE REDEVELOPMENT PLAN MODIFICATION NO. 10 I. INTRODUCTION AND LEGAL BASIS A. Statement of Intent of Modification ..................................................................................... 1 B. Statement of Public Purpose ............................................................................................ 1 C. Project Area Boundary ................................................................................................... 1 D. Statement of Authority .................................................................................................... 1 II. REDEVELOPMENT PROJECT A. Redevelopment Plan Objectives ....................................................................................... 1 B. Land Use .................................................................................................................... 2 C. Development Standards ................................................................................................. 2 D. Environmental Controls .................................................................................................. 2 E. Redevelopment Activities ................................................................................................ 2 1. City Activities -Original Plan 2. City Activities - Plan Modification 3. Private Activities - Original Plan F. Project Cost Estimates ................................................................................................... 3 G. Relocation ................................................................................................................... 3 H. Development Contracts .................................................................................................. 3 I. Operation of Public Improvements .................................................................................... 3 J. Administriation of Project ................................................................................................ 4 K. Modification Plan .......................................................................................................... 4 PART I ............................................................................................................................................................... EXHIBIT I TABLE OF CONTENTS (Continued) PART II TAX INCREMENT FINANCING PLAN NO. 21 Section Page(s) A. Definitions ................................................................................................................... 5 B. Statutory Authorization .................................................................................................. 5 C. Statement of Need and Public Purpose .............................................................................. 5 D. Statement of Objectives .................................................................................................. 5 E. Designation of Tax Increment Financing District as an Economic Development District .................. 6 F. Duration of the TIF District ............................................................................................... 6 G. Property to be Included in the TIF District ............................................................................ 6 H. Property to be Acquired in the TIF District ........................................................................... 7 I. Specific Development Expected to Occur Within the TIF District ............................................... 7 J. Findings and Need for Tax Increment Financing ................................................................... 7 K. Estimated Public Costs ................................................................................................... 9 L. Estimated Sources of Revenue ........................................................................................ 9 M. Estimated Amount of Bonded Indebtedness ...................................................................... 10 N. Original Net Tax Capacity ............................................................................................. 10 O. Original Tax Capacity Rate ............................................................................................ 10 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ............................ 11 Q. Use of Tax Increment ................................................................................................... 11 R. Excess Tax Increment .................................................................................................. 12 S. Tax Increment Pooling and the Five Year Rule ................................................................... 12 T. Limitation on Administrative Expenses ............................................................................. 13 U. Limitation on Property Not Subject to Improvements - Four Year Rule ...................................... 13 V. Estimated Impact on Other Taxing Jurisdictions .................................................................. 14 W. Prior Planned Improvements .......................................................................................... 14 X. Development Agreements ............................................................................................. 14 Y. Assessment Agreements .............................................................................................. 15 Z. Modifications of the Tax Increment Financing Plan .............................................................. 15 AA. Administration of the Tax Increment Financing Plan ............................................................. 15 AB. Financial Reporting and Disclosure Requirements ............................................................... 16 Map of the Tax Increment Financing District within Redevelopment Project Area ............................. EXHIBIT I Assumptions Report ........................................................................................................................... EXHIBIT II Projected Tax Increment Report ......................................................................................................... EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ..................................................................... EXHIBIT IV Market Value Analysis Report ............................................................................................................. EXHIBIT V Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 1 PART I MODIFICATION NO. 10 TO AIRLAKE REDEVELOPMENT PROJECT I. INTRODUCTION AND LEGAL BASIS Section A Statement of Intent of Modification The City proposes to implement the plan objective listed in Section II.A.3 of the Original Redevelopment Plan approved by the Authority and Council in 1984. The activity objective primarily includes the expansion of the project boundary to include the proposed SSB Manufacturing Company/Scannell Properties Project TIF 21 as well as certain Airlake public Improvements. Section B Statement of Public Purpose No Change The Authority and Council find that there is a need to provide impetus for private development, maintain and increase employment, and to increase tax base for the taxing jurisdiction within the City’s corporate limits. These public purpose goals are not attainable in the foreseeable future without the intervention of the Authority and City in the normal development process. Section C Project Area Boundary The modification dated September 21, 2015 includes the addition of properties within the current Project Area boundaries to further meet the City’s Redevelopment Plan objectives. The expanded boundaries of the Project area (including those added with the modification) are shown in Exhibit “I” “Project Area Boundary Map”. All land included in the Project Area is within the legal boundaries of the City Section D Statement of Authority No Change The Authority is authorized to modify a project pursuant to Minnesota Statutes Sections 469.001 to 469.047 (the HRA Act) within boundaries of municipalities. The project as contemplated by this Plan consists of a Redevelopment Project in the HRA Act, pursuant to Section 469.002, Subdivision 14 and Minnesota Statutes, Section 469.028, Subdivision 3. II. REDEVELOPMENT PROJECT Section A Redevelopment Plan Objectives No Change The Authority and City, through the implementation of this Plan, seek to achieve the following objectives: 1. To provide logical and organized land use for the Project Area consistent with the Comprehensive Land Use Plan and the zoning ordinance of the City. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 2 2. To promote the prompt development of property in the Project Area with a minimal adverse impact on the environment 3. To provided adequate streets, utilities, and other public improvements and facilities to enhance the Project Area and the City for new and existing development. 4. To enhance the project Area and the City and surrounding area by retaining current, and providing additional employment opportunities for the residents of the City and surrounding community. 5. To increase the City’s tax base. 6. To afford existing business in the City the opportunity to expand or relocate within the Project Area. 7. To stimulate development and investment within the project Area by private interest by providing land of suitable size and configuration to permit it’s economic and appropriate development. Section B Land Use No Change 1. Current use: a. The project is partially vacant and undeveloped and used for both industrial and farming purposes. The Area is principally Zoned I-1 and I-2, which provides for the establishment of warehousing, light and heavy industrial and manufacturing development. 2. Future Land Use: a. It is anticipated that the Project Area will develop consistent with existing zoning districts. The uses of the Project Area proposed are consistent with the Plan, the Lakeville Comprehensive Plan, and, to the knowledge of the City and Authority at this time, all other federal sta te and local laws and regulation. Section C Development Standards The Authority and City will consider, among other things, the following factors when evaluating development proposals in all phases: 1. Degree to which development objectives are provided for or enhanced. 2. Consistency with this Plan and the Lakeville Comprehensive Plan. 3. Ability of proposed tax increment projects to generate enough annual tax increment to retire the debt created by the project. 4. Developer’s ability to perform both from a standpoint of financial ability to perform and the necessary experience and expertise to complete the proposed development. 5. Displaced Project Area property owners and tenants will be given priority over competing projects of similar scale and magnitude. Section D Environmental Controls It is presently anticipated that the proposed development in the Project Area will not present major environment problems. All municipal actions, public improvements, and private development will be carried out in a manner that will comply with applicable environmental standards. Then environmental controls to be applied within the Area are contained within the codes an ordinance of the City of Lakeville. The Minnesota Code of Agency Rules (6 MCAR 3.021-3.056) defines Minnesota’s environmental policy. The threshold factor for the industrial/commercial projects on second class cities is 1,000,000 square feet (gross floor area). Projects above this threshold would require an Environmental Impact Statement. There are no properties on the National Historic Register of Historic Places within the Project Area. Section E Redevelopment Activities Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 3 The Authority and the City proposes to implement this plan in phases. The activities of this Plan are described as follows: 1. City Activities – Original Plan a. To acquire the land from the current owners and dedicate the land to an acceptable developer for the purposes of constructing a 150,000 square foot office, warehouse and manufacturing facility. 2. City Activities – Plan Modification a. A full discussion of the proposed City Activities can be found in Tax Increment District No. 4, 13, 14, 15, 16, 17, 18 and 19 Plans prepared by the City’s consultant(s) and is hereby adopted by reference. 3. Private Activities – Original plan a. Phase One (TIF# 4) included a major private development project – Please see TIF #4 Plan. b. Phase Two (TIF #13) included a major private development project - Please see TIF #13 Plan. c. Phase Three (TIF #14) included a major private development project – Please see TIF #14 Plan. d. Phase Four (TIF #15) included a major private development project – Please see TIF #15 Plan. e. Phase Five (TIF #16) included a major private development project. – Please see TIF #16 Plan. f. Phase Six (TIF #17) – Please see TIF #17 Plan g. Phase Seven (TIF #18) – Please see TIF # 18 Plan h. Phase Eight (TIF #19) – Please see TIF # 19 Plan i. Phase Nine (TIF #20) – Please see TIF #20 Plan j. Phase Ten (TIF #21) – Please see TIF #21 Plan Section F Project Cost Estimates A full description of project costs is provided in Tax Increment Financing District No.21 project budget. Section G Relocation No Change Phase One of the Plan requires no relocation. In subsequent phases where development proposals require the acquisition of either commercial, industrial or residentially occupied parcels of land, the displaced party or parties shall be eligible for and receive those relocation benefits in conformance with the Minnesota Uniform Relocation Act. Minnesota Statutes, Section 117.50-56. The relocation plan will be part of any tax increment financing plan that provides for acquisition and subsequent displacement. Section H Development Contracts No Change The City and Authority will not authorize any public improvement or facilities projects nor acquire any property for development which will be wholly or partially funded by the use of tax increment financing without first having secured development contracts. The Development Contracts shall require the developer to among other things, cause to be constructed an industrial facility of at least a specified minimum cost, and having a specified minimum Assessor’s Market Value; to complete the work by a specified date pursuant to plans and specifications submitted to and building permits issued by or on behalf of the City, and pursuant to an and in accordance with all other applicable governmental regulations; and to demonstrate its financial capability for doing so. Section I Operation of Public Improvements Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 4 No Change All public improvements constructed under the provisions of this program shall be operated by the City of Lakevil le in the same manner as all publicly owned streets and utilities. Section J Administration of Project No Change The Lakeville Housing Authority shall be responsible for seeing that contents of this plan are promoted, implemented and enforced. The Executive Director shall be delegated day by day responsibilities while the Board of Directors shall make all policy regarding the Project Area. Administrative maintenance activities will be funded out of tax increment revenue and other HRA funds. Section K Modification of Plan No Change Modifications or revisions of this Plan which change the permitted uses; modify the Project Area Boundary; set forth, revise, or modify and Developers Contract with respect to any part of the Project or terminate all or any part of the Project require approval of such modifications by the Authority and the City, upon notice and other public hearing as required for the adoption of this Plan and in accordance with Section 462.525, Subdivision 6 of the Act. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 5 PART II TAX INCREMENT FINANCING PLAN NO. 21 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: “Authority” means the Housing and Redevelopment Authority for the City of Lakeville. "City" means the City of Lakeville, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Dakota County, Minnesota "Redevelopment Project Area" means Airlake Redevelopment Project No. 1 in the City, which is described in the corresponding Redevelopment Plan. "Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project Area. "Project Area" means the geographic area of the Redevelopment Project Area. "School District" means Independent School District No. 194, Minnesota. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, both inclusive. "TIF District" means Tax Increment Financing (Economic Development) District No. 21. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section I.D. of the Redevelopment Plan for the Redevelopment Project Area. Section C Statement of Need and Public Purpose See Section I.A and I.B of the Redevelopment Plan for the Redevelopment Project Area. Section D Statement of Objectives See Section II.A of the Redevelopment Plan for the Redevelopment Project Area. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 6 Section E Designation of Tax Increment Financing District as an Economic Development District Economic development districts are a type of tax increment financing district which consist of any project , or portions of a project, which the City finds to be in the public interest because: (1) it will discourage commerce, industry, or manufacturing from moving their operations to another state or municipality; (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 TIF District qualifies as an economic development district in that the proposed development described in this TIF Plan (see Section I) meets the criteria listed above in (2) and (3). Without establishment of the TIF District, the proposed development would not occur within the City. The proposed development will also result in increased employment and enhancement of the tax base in both the City and the State. Tax increments from an economic development district must be used to provide improvements, loans, subsidies, grants, interest rate subsidies, or other assistance in which at least 85% of the square footage of the facilities to be constructed are used for any of the following purposes: (1) manufacturing or production of tangible personal property, including processing, resulting in the change of the 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 (1) or (2) above; (4) telemarketing if that activity is the exclusive use of the property; (5) tourism facilities (see M.S. Section 469.174, Subd. 22); (6) qualified border retail facilities (see M.S. Section 469.176, Subd. 4c); or (7) space necessary for and related to the activities listed in (1) through (6) above. Section F Duration of the TIF District Economic development districts may remain in existence 8 years from the date of receipt by the City of the first tax increment. The City anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be through the year 2025, assuming first increment is received in 2017). The district will remain open through the year 2026 if the first collection of increment is in taxes payable 201 8. The City may decertify the TIF District earlier if fulfillment of all District obligations occurs prior to the statutory maximum duration of 9 total years. Section G Property to be Included in the TIF District The TIF District is an approximate 23-acre area of land located within the Project Area. A map showing the location of the TIF District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 7 Parcel ID Number Legal Description 22 03100 75 010 All that part of the Southeast Quarter (SE 1/4) of Section Thirty-one (31), Township One Hundred Fourteen (114) North, Range Twenty (20) West of the Fifth Principal Meridian, Dakota County, Minnesota lying westerly of the highway known as Dodd Boulevard 22 03200 50 010 All that part of the Southwest Quarter (SW 1/4) of Section Thirty-two (32), Township One Hundred Fourteen (114) North, Range Twenty (20) West, Dakota County, Minnesota, lying westerly of the highway known as Dodd Boulevard The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed development is expected to consist of an approximate 240,000 square foot build-to-suit manufacturing facility. The development will result in increased employment (200 net new jobs with average wages of $36,100) within the City in compliance with statutory requirements. It is anticipated tax increment will be used to finance a portion of the site development costs deemed necessary for the project to proceed. In addition, the City anticipates using available tax increment for related administrative expenses and any other eligible expenditures associated with the development of the site. Construction of the facility is projected to start in 2015. The project is expected to be fully constructed by December 31, 2016, and be 100% assessed and on the tax rolls as of January 2, 2017 for taxes payable in 2018. At the time this document was prepared there were no signed construction contracts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as an economic development district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and the increased market value of the site that could reasonably be expected to occur without the use of tax increment would be less than the increase in market value estimated to result from the proposed development after Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 8 subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The project includes the development of an approximate 240,000 square foot build-to-suit manufacturing facility. The proposed developer of the site has submitted information to the city demonstrating that the development of this site is not financially feasible without the assistance provided in this TIF Plan. The City has determined that the proposed development would not occur but for the financial assistance provided in this TIF Plan because of the increased costs related to site development and subsequent construction. Due to the high costs of investment for the proposed project, including site improvements, infrastructure, machinery & equipment and development costs incurred by the developer in conjunction with development of the project, the developer has stated that the project as proposed would not occur without the financial assistance provided by the City, as it would not be economically feasible without financial assistance. The City finds the use of tax increment necessary to finance a portion of the site improvements costs to facilitate development of the project and developer investment. The City anticipates providing financial assistance on a pay-as-you-go basis. No higher market value expected: 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 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. Without improvements the City has no reason to expect that significant development would occur without assistance similar to that provided in this plan. For the same reasons that the desired development described above is not feasible without tax increment assistance, the City believes that no alternative development is likely to occur without similar assistance. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City’s estimate of the amount by which the market value of the site will increase without the use of tax increment financing is $0 (for the reasons described above), except some unknown amount of appreciation. b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $18,197,937, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $1,317,785 (See Exhibit V). d. Even if some development other than the proposed development were to occur, the City finds that no alternative would occur that would produce a market value increase greater than $16,880,152 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan would afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the Project Area by private enterprise. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 9 Factual basis: The proposed development is the construction of an expansion to an existing business facility in the Project Area that is proposed to create new jobs in the City, while creating these jobs in the State, plus create new tax base for the City and the State. The development clearly meets the City’s economic development goals in terms of tax base expansion, job retention and creation, and wage levels. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Land/building acquisition 0 Utilities 0 Other qualifying Improvements 1,607,350 Loan Interest payments 0 Administrative expenses 84,596 Total $1,691,946 The City anticipates using tax increment to the extent available to assist with financing a portion of the site improvement costs, related administrative expenses, and other TIF-eligible expenditures as necessary and related to development of the project. The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. Section L Estimated Sources of Revenue Tax increment revenue 1,691,946 Interest on invested funds 0 Loan proceeds 0 Special assessments 0 Rent/lease revenue 0 Grants 0 Total $1,691,946 The City anticipates providing financial assistance on a pay-as-you-go basis for site improvement costs, as well as other TIF-eligible expenses related to the proposed development. As tax increments are collected from the TIF District in future years, a portion of these taxes will be used by the City to reimburse the developer/owner for public costs incurred (see Section K). The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt (referred to together as “TIF Bonds”), or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 10 Section M Estimated Amount of Bonded Indebtedness The maximum principal amount of bonds (as defined in the TIF Act) secured in whole or part with tax increment from the TIF District is $1,691,946. The City currently plans to finance the improvement costs in the form of a pay-as-you go revenue note, but reserves the right to issue bonds in any form, including without limitation any interfund loan with interest not to exceed the maximum permitted under Section 469.178, subd. 7 of the TIF Act. Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For distr icts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Estimated Market Value of all property within the TIF District as of January 2, 2015, for taxes payable in 2016, is $1,255,900 and the estimated tax capacity is $24,368, which is estimated to be the original net tax capacity of the TIF District upon establishment, reclassification and subsequent certification. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Tax Capacity Rate The County Auditor shall also certify the original tax capacity rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable y ear as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original tax capacity rate of the TIF District. It is anticipated the request for certification of the District will occur prior to June 30, 2016 and the local tax rates for taxes levied in 2015 and payable in 2016 will apply. At the time of the drafting of this document, the local tax rate is not available. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2014 and payable in 2015, is 105.073% as shown below. 2014/2015 Taxing Jurisdiction Local Tax Rate City of Lakeville 38.948% Dakota County 29.633% ISD #194 31.459% Other 5.033% Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 11 Total 105.073% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that the project will begin construction in 2015 and be partially completed by December 31, 2015 and 100% completed by December 31, 2016, creating a total tax capacity for TIF District No. 21 $315,605 as of January 2, 2017. The captured tax capacity as of that date is estimated to be $176,570. The first year of tax increment is estimated to be $185,527 payable in 2018. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. The estimates shown in this TIF plan assume that commercial class rates remain at 1.5% of the estimated market value up to $150,000 and 2.0% of the estimated market value over $150,000, and assume 3% annual increases in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the esti mated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 12 Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less th en fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five Year Rule At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 20% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) 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. (3) 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 Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 13 (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City does not expect that allowable pooling expenditures will be made outside of the TIF District but within the Project Area (along with allowable administrative expenses), but such expenditures are expressly authorized in this TIF Plan. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, t hen that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. 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 V Estimated Impact on Other Taxing Jurisdictions Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 14 Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically avail able to the other taxing jurisdictions. The City believes 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 fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the district is estimated to be $1,698,059. 2. To the extent the facility in the proposed TIF District generates any public cost impacts on city-provided services such as police and fire protection, public infrastructure, and borrowing costs attributable to the district, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the District. The City does not anticipate issuing bonds in conjunction with this project. 3. The amount of tax increments over the life of the district that would be attributable to school district levies, assuming the school district’s share of the total local tax rate for all taxing jurisdictions remained the s ame, is estimated to be $434,531. 4. The amount of tax increments over the life of the district that would be attributable to county levies, assuming the county’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $578,862. 5. No additional information has been requested by the county or school district that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties withi n the TIF District. Section X Development Agreements If within a project containing an economic development district, more than 10% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring any pro perty located within the TIF District. Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 15 Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modificat ion or premature termination of this agreement must first be approved by the City, County and School District. The City does not anticipate entering into an assessment agreement. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area 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 public costs; or designation of additional property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph 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 AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue. The City shall also 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. The City shall also 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 this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: Housing and Redevelopment Authority for the City of Lakeville and City of Lakeville, Minnesota SPRINGSTED Page 16 (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. Exhibit I SPRINGSTED Page 17 Map of Tax Increment Financing (Economic Development) District No. 21 Within Airlake Redevelopment Project No. 1 Exhibit II SPRINGSTED Page 18 Assumptions Report City of Lakeville, Minnesota Tax Increment Financing (Economic Development) District No. 21 Proposed Project Shore within ISD 194 Draft TIF Plan Exhibits: $15.7M EMV with 3% MV Inflator Type of Tax Increment Financing District Economic Development Maximum Duration of TIF District 8 years from 1st increment Projected Certification Request Date 10/01/15 Decertification Date 12/31/25 (9 Years of Increment) 2015/2016 Base Estimated Market Value $1,255,900 Original Net Tax Capacity $24,368 Assessment/Collection Year 2015/2016 2016/2017 2017/2018 2018/2019 Base Estimated Market Value $1,255,900 $1,255,900 $1,255,900 $1,255,900 Increase in Estimated Market Value 0 2,669,100 14,561,850 15,036,383 Total Estimated Market Value 1,255,900 3,925,000 15,817,750 16,292,283 Total Net Tax Capacity $24,368 $77,750 $315,605 $325,096 City of Lakeville 38.948% Dakota County 29.633% ISD #194 31.459% Other 5.033% Local Tax Capacity Rate 105.073%2014/2015 Fiscal Disparities Contribution From TIF District 39.3723% Administrative Retainage Percent (maximum = 10%)5.00% Pooling Percent 0.00% Bonds Note (Pay-As-You-Go) Bonds Dated NA Note Dated 10/01/15 Bond Issue @ 0.00% (NIC)NA Note Rate 0.00% Eligible Project Costs NA Note Amount $1,607,350 Present Value Date & Rate 10/01/15 4.00%Present Value Amount $1,247,391 Notes Assumptions assume no change to future tax rates, class rates, and a 3% annual MV inflator is assumed Final 2015 Tax Rates were used. Total EMV upon completion based on company estimate of $15.7M of investment, to be updated as info is available Base EMV of 2 properties as provided by Dakota County Exhibit III SPRINGSTED Page 19 Projected Tax Increment Report City of Lakeville, Minnesota Tax Increment Financing (Economic Development) District No. 21 Proposed Project Shore within ISD 194 Draft TIF Plan Exhibits: $15.7M EMV with 3% MV Inflator Less:Less:Retained Times:Less:Less:P.V. Annual Total Total Original Fiscal Captured Tax Annual State Aud.Subtotal Admin.Annual Annual Period Estimated Net Tax Net Tax Disp. @ Net Tax Capacity Gross Tax Deduction Net Tax Retainage Net Net Rev. To Ending Market Value Capacity Capacity *39.3723%Capacity Rate **Increment 0.360%Increment 5.00%Revenue 10/01/15 (1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)4.00% 12/31/15 1,255,900 24,368 24,368 0 0 105.073%0 0 0 0 0 0 12/31/16 1,255,900 24,368 24,368 0 0 105.073%0 0 0 0 0 0 12/31/17 3,925,000 77,750 24,368 21,018 32,364 105.073%34,006 122 33,884 1,694 32,190 29,761 12/31/18 15,817,750 315,605 24,368 114,667 176,570 105.073%185,527 668 184,859 9,243 175,616 156,122 12/31/19 16,292,283 325,096 24,368 118,403 182,325 105.073%191,574 690 190,884 9,544 181,340 155,010 12/31/20 16,781,051 334,871 24,368 122,252 188,251 105.073%197,801 712 197,089 9,854 187,235 153,894 12/31/21 17,284,483 344,940 24,368 126,216 194,356 105.073%204,215 735 203,480 10,174 193,306 152,773 12/31/22 17,803,017 355,310 24,368 130,300 200,642 105.073%210,821 759 210,062 10,503 199,559 151,648 12/31/23 18,337,107 365,992 24,368 134,505 207,119 105.073%217,626 783 216,843 10,842 206,001 150,523 12/31/24 18,887,221 376,994 24,368 138,837 213,789 105.073%224,635 809 223,826 11,191 212,635 149,395 12/31/25 19,453,837 388,327 24,368 143,299 220,660 105.073%231,854 835 231,019 11,551 219,468 148,265 $1,698,059 $6,113 $1,691,946 $84,596 $1,607,350 $1,247,391 * Original Net Tax Capacity based on existing taxable values of two properties Projections include estimated incremental market value of $15,700,000 based on preliminary information provided by City staff ** Final payable 2015 tax capacity rates - ISD 194 and Vermillion River Watershed District. Exhibit IV SPRINGSTED Page 20 Estimated Impact on Other Taxing Jurisdictions Report City of Lakeville, Minnesota Tax Increment Financing (Economic Development) District No. 21 Proposed Project Shore within ISD 194 Draft TIF Plan Exhibits: $15.7M EMV with 3% MV Inflator Without Project or TIF District With Project and TIF District Projected Hypothetical 2014/2015 2014/2015 Retained New Hypothetical Hypothetical Tax Generated Taxable 2014/2015 Taxable Captured Taxable Adjusted Decrease In by Retained Taxing Net Tax Local Net Tax Net Tax Net Tax Local Local Captured Jurisdiction Capacity (1)Tax Rate Capacity (1)+ Capacity = Capacity Tax Rate (*)Tax Rate (*)N.T.C. (*) City of Lakeville 56,884,095 38.948%56,884,095 $220,660 57,104,755 38.798%0.150%85,610 Dakota County 386,012,628 29.633%386,012,628 220,660 386,233,288 29.616%0.017%65,351 ISD #194 49,400,201 31.459%49,400,201 220,660 49,620,861 31.319%0.140%69,109 Other (2)--- 5.033%--- 220,660 --- 5.033%--- --- Totals 105.073%104.766%0.307% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 0.307% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions, then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 4.79% of the total tax rate. Exhibit V SPRINGSTED Page 21 Market Value Analysis Report City of Lakeville, Minnesota Tax Increment Financing (Economic Development) District No. 21 Proposed Project Shore within ISD 194 Draft TIF Plan Exhibits: $15.7M EMV with 3% MV Inflator Assumptions Present Value Date 10/01/15 P.V. Rate - Gross T.I.4.00% Increase in EMV With TIF District $18,197,937 Less: P.V of Gross Tax Increment 1,317,785 Subtotal $16,880,152 Less: Increase in EMV Without TIF 0 Difference $16,880,152 Annual Present Gross Tax Value @ Year Increment 4.00% 1 2017 34,006 31,440 2 2018 185,527 164,933 3 2019 191,574 163,758 4 2020 197,801 162,578 5 2021 204,215 161,394 6 2022 210,821 160,207 7 2023 217,626 159,017 8 2024 224,635 157,826 9 2025 231,854 156,632 $1,698,059 $1,317,785