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12/13/2017 - City Council Finance Committee FINANCE COMMITTEE MEETING WEDNESDAY, DECEMBER 13, 2017 11:00 A.M. CITY HALL SECOND FLOOR CONFERENCE AGENDA I. AGENDA ADOPTION II. MINNESOTA INVESTMENT FUND (MIF) PROPOSAL - PURAIR III. EXTENSION REQUEST – LOT 2, BLOCK 1, CEDAR GROVE PARKWAY 4TH ADDITION (FAIRFIELD INN & SUITES) IV. AMENDED AND RESTATED PRELIMINARY DEVELOPMENT AGREEMENT FOR MASTER DEVELOPER SERVICES FOR THE CEDAR GROVE DEVELOPMENT DISTRICT V. OTHER BUSINESS VI. ADJOURNMENT Agenda Information Memo Finance Committee Meeting December 13, 2017 II. MINNESOTA INVESTMENT FUND (MIF) PROPOSAL - PURAIR DIRECTION TO BE CONSIDERED: To make a recommendation to the EDA regarding approval of a Minnesota Investment Fund (MIF) application for Medical Equipment Solutions, Inc. d/b/a Purair Products, Inc. FACTS:  Purair Products, Inc. is a medical-grade oxygen supplier based in Kansas City. They supply liquid and gas oxygen to patients, nursing homes, and are expanding to a hospital chain in the Kansas City area. Purair currently has 37 FTE and a customer base in Kansas, Missouri, and Nebraska.  Purair is evaluating an expansion to Minnesota and considering a 5-year lease on a 10,000 square foot building located at 909 Apollo Drive in the Eagandale Industrial Park.  Purair expects to hire 10 FTE in Eagan within two years.  Purair has requested business assistance from the City and the Minnesota Department of Employment and Economic Development.  DEED has evaluated the proposal and determined that Purair would be eligible for a MIF loan. Preliminary MIF loan terms are attached. Final loan terms will be determined following submission and DEED approval of MIF application. ATTACHMENTS: (2) II-1 Location Map II-2 MIF Term Sheet C O M M E R S D R CLUBVIEW DR NEIL ARMSTRONG BLVDAPOLLO ROAD LUNAR LANEAPOLLO ROAD MIKECOLLINSDRBORCHERTLN G E M I N I RD DISCOVERY RD ALDRIN DRIVE LONEOAKPARKWAYLONE O A K P A R K W A Y KENNETH ST BEATRICE ST MCKEE ST KEEFE ST LONE OAK CIRCLEWESTSERVICEROADHOLIDAY LNHOLIDAY LNCOURTHOUSE LN NORTHWOODCIRGRAND OAK CIR EGRAND OAK CIR W COLUMBIA DRS T A T E T R U N K H WY . N O. 1 4 9FIRST STCOUNTY ROAD NO.43 (LEXINGTON AVE.)C.S.A.H. NO.26 (LONE OAK RD.)CO. ROAD NO. 43 LEXINGTON AVENUE SO.MI K E C O LLIN S D R WATERS R D S T A T E T R U N K H W Y. N O. 1 4 9 STATE TRUNK HWY. NO. 55 STATETRUNK HWY.NO.55 LexingtonPark ThresherFieldsPark Location Map 0 1,000500Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yankee Doodle Rd Lone Oak Rd Map Area Extent Project Name: PurAirRequest: MIF LoanCase No.: Subject Site Preliminary MIF Loan Terms Medical Equipment Solutions, Inc. d/b/a Purair Products, Inc. 1. DEED MIF loan in the amount of $200,000.00 2. City MIF loan of $20,000.00 3. No forgiveness on any portion of the State or City loans. 4. 0% interest rate 5. State and City loan funds must be used for the purchase of equipment to be located at the Eagan facility. Trucks, canisters, or tanks will not be eligible for State and City funds. Examples of equipment that may be eligible include the Digital Wave Scanner and Electrical Generator, provided that they are trade fixtures and not real estate. 6. 5-year amortization of loan payments to be consistent with lease term 7. Minimum of 10 jobs to be created in two years with a wage and benefits package Job Title Wage Pharmacist in charge $35/hr ($72,500/year) Operations Manager $30/hr ($62,000/year) Drivers (3) $22/hr ($46,000/year) Fillers/Warehouse $18/hr ($37,000/year) Benefits Purair Products, Inc. offer medical insurance, profit sharing, and 401(k) match for participating employees. According to Purair Products, Inc. the value of benefits per employee averages approximately $7.10/hr. Agenda Information Memo Finance Committee Meeting December 13, 2017 III. EXTENSION REQUEST FOR LOT 2, BLOCK 1, CEDAR GROVE PARKWAY 4TH ADDITION (FAIRFIELD INN & SUITES) DIRECTION TO BE CONSIDERED: To make a recommendation to the EDA regarding an extension to the purchase agreement with Kanda City Lodging, LLC for the sale of Lot 2, Block 1, Cedar Grove Parkway 4th Addition. FACTS:  On July 18, 2017, the EDA approved a sale and purchase agreement with Kanda City Lodging, LLC, for the development of a hotel.  On December 5, 2017, the City Council granted development approvals for a four-story, 107-room Fairfield Inn & Suites Hotel on Lot 2, Block 1.  Kanda City Lodging, LLC has a license agreement for construction staging on Lot 2, Block 1 which will terminate upon the issuance of a certificate of occupancy for the Hilton Home 2 Suites Hotel currently being built on Lot 1, Block 1. The Hilton Hotel is expected to be completed in spring 2018.  The purchaser has requested an extension to the closing date because it does not plan to begin construction on Lot 2, Block 1 until that parcel is no longer needed for construction staging. The purchaser has agreed to the following terms of an extension: o Closing date no later than April 15, 2018; o Additional $150,000 earnest money; o Waiver of all contingencies; and o If closing does not occur by April 15, 2018, $50,000 of the additional earnest money is nonrefundable. ATTACHMENTS: (1) FCIII-1 First Amendment to Sale and Purchase Agreement 1 FIRST AMENDMENT TO SALE AND PURCHASE AGREEMENT This First Amendment to the Sale and Purchase Agreement (“Agreement”) is made as of _____________________, 2017 (the “Effective Date” of this Agreement”) between the Eagan Economic Development Authority, a public body corporate and politic and a political subdivision of the State of Minnesota (the “Seller”) and Kanda City Lodging, LLC, a Minnesota limited liability company, and its assigns (the “Buyer”). WHEREAS, Buyer and Seller entered into a Sale and Purchase Agreement dated July 18, 2017, for the above reference Property (the "Agreement"); and WHEREAS, Buyer and Seller are desirous of amending the Sale and Purchase Agreement to include, among other things, the extension of the Closing Date and the payment of additional earnest money. NOW, THEREFORE, in receipt of the foregoing and other good and valuable consideration, Buyer and Seller hereby amend the Agreement as follows: 1. EXTENSION FEE/PAYMENT OF ADDITIONAL EARNEST MONEY. Within five (5) days following execution of this Agreement, Buyer shall deposit an additional one Hundred Fifty Thousand and no/100 Dollars ($150,000.00) of Earnest Money with a fee escrow agent. The existing Fifty Thousand and no/100 Dollars ($50,000.00) of earnest money shall be released to the Seller as and for the extension fee to be paid by Buyer to Seller to extend the Closing Date. This extension fee is nonrefundable, but shall be applied to the Purchase Price. 2. WAIVER OF CONTINGENCIES. Buyer hereby waives the conditions/contingencies set forth in Section 4 of the Agreement. Buyer acknowledges that the extension of the Closing Date set forth below shall not extend the Inspection Deadline (which shall expire upon both parties execution of this Amendment). 3. AMENDMENT OF PARAGRAPH 7(a). Section 7(a) of the Agreement is hereby deleted in its entirety and replaced with the following in lieu thereof: (a) Closing Date. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur no later than April 15, 2018 (the "Closing Date"). The Closing shall take place at 10:00 a.m. local time at the office of Title Company, or such other location as determined by the Buyer. 4. This Amendment sets forth the entire understanding and agreement of the parties hereto in relation to the subject matter hereof and supersedes any prior negotiations and agreements among the parties relative to such 2 subject matter. 5. Except as hereby specifically amended, modified or supplemented herein, the Agreement is hereby confirmed and ratified in all respects and shall remain in full force and effect according to its respective terms. Executed and effective as of the date first written above: SELLER: BUYER: Eagan Economic Development Authority Kanda City Lodging, LLC __________________________________ ____________________________________ By: Mike Maguire By: ___________________________ Its: President Its: ___________________________ Date: Date: _________________________ ___________________________________ By: David M. Osberg Its: Executive Director Date: _________________________ Agenda Information Memo Finance Committee Meeting December 13, 2017 IV. AMENDED AND RESTATED PRELIMINARY DEVELOPMENT AGREEMENT FOR MASTER DEVELOPER SERVICES FOR THE CEDAR GROVE REDEVELOPMENT DISTRICT DIRECTION TO BE CONSIDERED: To make a recommendation to the EDA regarding an amendment to the Sixth Extension of the Amended and Restated Preliminary Redevelopment Agreement for master developer services for the Cedar Grove Redevelopment District. FACTS:  The EDA and the City have an agreement with Pratt Development, Inc. to serve as the Master Developer for the Cedar Grove District.  The sixth extension of the agreement expires on December 31, 2017. The sixth extension states that if the agreement terminates on December 31, 2017, Pratt Development shall be entitled to a commission on any prospective purchaser it has provided to the EDA through March 16, 2018 provided Pratt provides its list of prospective purchasers by January 7, 2018.  The City owns two parcels in Cedar Grove. Outlot B is under contract with Commercial Investment Properties, Co. Closing is scheduled to occur no later than March 1, 2018. Lot 2, Block 1, Cedar Grove Parkway 4th Addition is under contract with Kanda City Lodging, LLC which has requested an extension of the closing date until April 15, 2018. ATTACHMENTS: (1) FCIV-1 Sixth Extension of Amended and Restated Preliminary Redevelopment Agreement