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State of Iowa Direct Financial Assistance_IDED, Peninsula Gaming, LLCMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: State of Iowa Direct Financial Assistance Application for Peninsula Gaming, LLC DATE: March 8, 2010 Dubuque held AI-America City I r 2007 Economic Development Director Dave Heiar recommends City Council approval of the submission of a Direct Financial Assistance program application to the Iowa Department of Economic Development in the amount of $50,000 on behalf of Peninsula Gaming, LLC. The commitment of local matching funds was previously authorized in the amount of $337,000, consisting of Peninsula Gaming, LLC's representative portion of TIF rebates previously committed to Port of Dubuque Brewery, LLC, as part of the Brewery redevelopment project. Peninsula Gaming, LLC. has announced its intent to expand its operations in Dubuque by relocating a portion of the corporate offices currently located in Las Vegas, Nevada. The Company will be creating 10 new jobs as a part of this expansion process. Peninsula Gaming, LLC, was formed in 2004 and is a holding company whose primary assets are its equity interest in its wholly owned subsidiaries. The Company has corporate offices located in both Dubuque, Iowa and Las Vegas, Nevada. The Company is a wholly owned subsidiary of Peninsula Gaming Partners, LLC, a Delaware Limited Liability Company. Peninsula is a casino entertainment holding company with gaming operations in local markets in Iowa and Louisiana. Peninsula Gaming Partners seeks to develop quality gaming operations in highly protected markets. Peninsula currently has 20 employees in its Dubuque, Iowa Corporate office. Peninsula's project includes construction of new space in the Dubuque Star Brewery. They will be leasing on a long term basis an additional 5,000 square feet from Port of Dubuque Adams, LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director Michael C. Van Milligen Masterpiece on the Mississippi Dubuque kittd AN- AmedcaCity lip! 2007 TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director SUBJECT: State of Iowa Direct Financial Assistance Application for Peninsula Gaming, LLC. DATE: February 23, 2010 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing the submission of a Direct Financial Assistance program application to the Iowa Department of Economic Development (IDED) on behalf of Peninsula Gaming, LLC., a corporate headquarters located in Dubuque. The application is attached. BACKGROUND Peninsula Gaming, LLC. has announced its intent to expand its operations in Dubuque by relocating a portion of the corporate offices currently located in Las Vegas, Nevada. The Company will be creating 10 new jobs as a part of this expansion process. Peninsula Gaming, LLC, was formed in 2004 and is a holding company whose primary assets are its equity interest in its wholly owned subsidiaries. The Company has corporate offices located in both Dubuque, Iowa and Las Vegas, Nevada. The Company is a wholly owned subsidiary of Peninsula Gaming Partners, LLC, a Delaware Limited Liability Company. Peninsula is a casino entertainment holding company with gaming operations in local markets in Iowa and Louisiana. Peninsula Gaming Partners seeks to develop quality gaming operations in highly protected markets. Peninsula currently has 20 employees in its Dubuque, Iowa Corporate office. Peninsula's project includes construction of new space in the Dubuque Star Brewery. They will be leasing on a long term basis an additional 5,000 square feet from Port of Dubuque Adams, LLC. The financial assistance application on behalf of the company will provide financial assistance to enable the company's expansion in Dubuque. As required by the incentive program, the application requires a commitment of City funds to the project. Peninsula Gaming has an office located in Las Vegas, NV. Corporate casino talent is more readily available in Las Vegas and the surrounding areas and therefore it would be less costly for the company if the corporate offices moved to Las Vegas and hired the new positions for the Las Vegas office. However, it is Peninsula's desire to maintain the corporate offices in Dubuque, Iowa, and hire Iowans as well as relocated talent from the Las Vegas area to Dubuque, Iowa keeping current and future staff and their families in Iowa. The available incentives that the City /State are offering would help counter /off -set some of the expenses the company will incur for relocating corporate employees to its Dubuque location. DISCUSSION Peninsula will commit to employ 10 new employees averaging over $83,000 per year plus benefits. The Company will be investing approximately $218,000 in construction, computer equipment, and furniture and fixtures. To assist this project, Peninsula Gaming, LLC has requested financial assistance from the State of Iowa in the amount of $50,000. City assistance as public match for the application is required, and is proposed to amount to $337,000, consisting of Peninsula Gaming, LLC's representative portion of TIF rebates previously committed to Port of Dubuque Brewery, LLC as part of the Brewery redevelopment project. RECOMMENDATION I recommend that the City Council authorize the submission of a financial assistance application for $50,000 on behalf of Peninsula Gaming, LLC. the commitment of local matching funds was previously authorized. This project is consistent with the City's goals to help local businesses expand in the community, increase the number of good paying jobs and further diversify our economic base. ACTION STEP The action step for the City Council is to adopt the attached resolution. attachments F: \USERS \Eton Dev\Diamond Jo \100% Component\ DED app memo.doc RESOLUTION NO. 87-10 A RESOLUTION AUTHORIZING THE FILING OF A FINANCIAL ASSISTANCE APPLICATION TO THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT ON BEHALF OF PENINSULA GAMING, LLC. Whereas, Peninsula Gaming, LLC. has proposed the expansion of its corporate offices in Dubuque, Iowa; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 10 new jobs; and Whereas, the Iowa Department of Economic Development (IDED) has a 100% Component program designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Direct Financial Assistance program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for Direct Financial Assistance on behalf of Peninsula Gaming, LLC. is hereby approved. Section 2. That the local match of identified in the application as $337,000 consisting of Peninsula Gaming, LLC's representative portion of TIF rebates to Port of Dubuque Brewery, LLC for increased building valuation has previously been approved in the Development Agreement with Port of Dubuque Brewery, LLC. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Department of Economic Development together with such documents as may be required. Passed, approved, and adopted this 15 day of M /ch, 2010. Att s Roy D.,uol, Mayor eanne Schneider, City Clerk F: \USERS \Econ Dev \Diamond Jo \100% Component \Resolution approving IDED app.doc IOWA /r / <, 1 changing' Fred S. Hubbell, Interim Director Iowa Department of Economic Development Business Financial Assistance Application Business Finance Business Development Division Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 -1819 www.iowalifechanging.com Telephone: 515.725.3133 business finance @iowalifechanging. com Application Instructions To Complete Electronic Form: Click on TEXT BOX to add text. Double click on YES /NO boxes and select "Checked ". 1. All applicants must complete the Business Financial Assistance Application and attach only those additional sections for the components to which the applicant is applying. Direct Financial Assistance — STATE of IOWA ❑ 130% Component (no supplement) 100% Component (no supplement) ❑ Entrepreneurial Component (and Supplement) Supplemental information required Tax Credits — STATE of IOWA ❑ Enterprise Zone Program (EZ) Supplemental information required Direct Financial Assistance — FEDERAL, ❑ Economic Development Set -Aside Program (EDSA) Supplemental information required ❑ Infrastructure Component (no supplement) ❑ Value - Added Agriculture Component Supplemental information required Disaster Relief Component Supplemental information required ❑ I ligh Quality Jobs Program (HQ) (no supplement) ❑ Public Faclities Set - Aside Program (PFSA) Supplemental information required 2. Please visit the IDED Web site at www.iowalifechangging.com or contact IDED at 515.725.3133 to confirm that this is the most current application version. 3. Before filling out this application form, please read all applicable sections of the 2009 Iowa Code and Iowa Administrative Code ( rules). www .legis.state.ia.us /IowaLaw.html 4. Only typed or computer - generated applications will be accepted and reviewed. Any material change to the format, questions, or wording of questions presented in this application will render the application invalid and it will not be accepted. 5. Complete the applicable sections of the application fully. If questions are left unanswered or required attachments arc not submitted, an explanation must be included. 6. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 7. Any inaccurate information of a significant nature may disqualify the application from consideration. 8. The following must be submitted to Business Finance at IDED in order to initiate the review process: • One original, signed application form and all required attachments • One electronic copy of the application form and all required attachments Facsimile copies will not be accepted. Business Finance Iowa Department of Economic Development 200 East Grand Avenue Des Moines, IA 50309 -1819 Applications are must be submitted to IDED Business Finance before 4:00pm on the fourth Monday of the month. Applications will be reviewed by the IDED Board on the third Thursday of the following month. IDED — Business Financial Assistance Application Telephone: 515.725.3133 businessfmance@dowalifechanging.com v. 09.22.2009 2 v. 09.22.2009 Public Records Policies Information Submitted to IDED. The Iowa Department of Economic Development (IDED) is subject to the Open Records law (Iowa Code, Chapter 22). Treatment of information submitted to IDED in this application is governed by the provisions of the Open Records law. AU public records are available for public inspection. Some public records are considered confidential and will not be disclosed to the public unless ordered by a court, the lawful custodian of the record, or by another person duly authorized to release the information. Confidential Records. IDED automatically treats the following records as confidential and they are withheld from public disclosure: • Tax Records • Quarterly Iowa Emplo_yer''s Contribution and Payroll Report prepared for the Iowa Workforce Development Department • Payroll Registers • Business Financial Statements and Projections • Personal Financial Statements Other information supplied to IDED as part of this application may be treated as confidential under Iowa Code section 22.7. Following are the classifications of records which are recognized as confidential under Iowa law and which are most frequently applicable to business information submitted to IDED: • Trade secrets [Iowa Code §22.7(3)] • Reports to governmental agencies which, if released, would give advantage to competitors and serve no public purpose. [Iowa Code §22.7(6)] • Information on an industrial prospect with which the IDED is currently negotiating. [Iowa Code §22.7(8)] • Communications not required by law, rule or regulation made to IDED by persons outside the government to the extent that IDED could reasonably believe that those persons would be discouraged from making them to the Department if they were made available for general public examination. [Iowa Code 522.7(18)1 Information supplied to IDED as part of this application that is material to the application and /or the state program to which the applicant is applying including, but not limited to the number and type of jobs to be created or retained, wages for those jobs, employee benefit information, and project budget, are considered open records and will not be treated as confidential. Additional Information Available. Copies of Iowa's Open Record law and IDED's administrative rules relating to public records are available from the IDED upon request. IDED — Business Financial Assistance Application 3 v. 09.22.2009 Applicant Information Name of Business: Peninsula Gaming, LLC Address: 600 Star Brewery Drive, Suite 110 City, State & Zip Code: Dubuque, IA 52001 Contact Person: Natalie Schramm Title: Chief Financial Officer Phone: 563- 690 -4977 Federal ID Number: 20 - 0800583 NAICS Code for primary business operations: US DOT Number: Does the Business file a consolidated tax return under a different tax ID number? ❑ Yes ® No If yes, please also provide that tax ID number: Is the contact person listed above authorized to obligate the Business? El Yes ❑No If no, please provide the name and tide of a company officer authorized to obligate the Business: If the application was prepared by someone other than the contact person listed above, please complete the following: Name of Business: N/A Address: City, State & Zip Code: Contact Person: Title: Phone: Fax: Email: Sponsor Information Sponsor Organization: City of Dubuque, Iowa Official Contact (e.g. Mayor, Chairperson, etc.): Roy Buol Address: 50 West 13 Street City, State & Zip Code: Dubuque, IA 52001 Phone: 563 - 589 -4110 Fax: 563 -589 -1733 Fax: 563 -690 -1394 Email: natalie.schramm@peninsulagaming.com If IDED needs to contact the sponsor organization with questions, should we contact the person listed above? ❑ Yes ® No, please contact the following person: Name: David J. Heiar Tide: Economic Development Director Address: 50 West 13 Street City, State & Zip Code: Dubuque, IA 52001 Phone: 563 - 589 - 4393 Fax: 563 - 589 - 1733 Email: Dheiar @cityofdubuque.org If necessary, please list information on additional sponsors in an attachment. IDED — Business Financial Assistance Application Tide: Mayor Email: rdbuol @cityofdubuque.org 4 v. 09.22.2009 Certification & Release of Information I hereby give permission to the Iowa Department of Economic Development (IDED) to research the Business' history, make credit checks, contact the Business' financial institutions, insurance carriers, and perform other related activities necessary for reasonable evaluation of this application. I also hereby authorize the Iowa Department of Revenue to provide to IDED state tax information pertinent to the Business' state income tax, sales and use tax, and state tax credits claimed. I understand that all information submitted to IDED related to this application is subject to Iowa's Open Record Law (Iowa Code, Chapter 22). I understand this application is subject to final approval by IDED and the Project may not be initiated until final approval is secured. I understand that IDED reserves the right to negotiate the financial assistance. Furthermore, I am aware that financial assistance is not available until an agreement is executed within a reasonable time period following approval. I hereby certify that all representations, warranties, or statements made or furnished to IDED in connection with this application are true and correct in all material respect. I understand that it is a criminal violation under Iowa law to engage in deception and knowingly make, or cause to be made, directly or indirectly, a false statement in writing for the purpose of procuring economic development assistance from a state agency or subdivision. For the B siness: Signature Date Natalie Schramm, Chief Financial Officer Name and Title (typed or printed) For the Sponsor(s): Signature Date Roy Buol, Mayor, City of Dubuque, Iowa Name and Title (typed or printed) Please use the_ following if more than one sponsor is required. or example, use this if a signature from the local Enterprise Zone Commission is required in addition to the signature from the Mayor of the sponsoring city.) Signature Date Name and Title (typed or printed) IDED will not provide assistance in situations where it is determined that any representation, warranty, or statement made in connection with this application is incorrect, false, misleading or erroneous in any material respect. If assistance has already been provided prior to discovery of the incorrect, false, or misleading representation, IDED may initiate legal action to recover incentives and assistance awarded to the Business. IDED — Business Financial Assistance Application 5 v. 09.22.2009 AMOUNT BUDGETED Use of Funds Cost Source A Source B Source C Source D Source E Source F Source G Land Acquisition 0 Supplemental Withholding Source B: Other State (Community College, IDOT, etc.) Site Preparation 0 10 -yr TIFF Rebate to Developer Source C: Local Government $ NICC In -kind Contribution Building Acquisition 0 TOTAL $387,000 Source E: Other Private Sources $168,000 Cash on hand Building Construction 0 Source F: $ Building Remodeling 150,000.00 TOTAL $218,000 Mfg. Machinery & Equip. 0 Other Machinery & Equip. 0 Racking, Shelving. etc. 1 0 Computer I lardware 40,000.00 Computer Software 10,000.00 Furniture & Fixtures 15,000.00 Working Capital 0 Research & Development 0 Job Training 3,000.00 TOTAL $218,000.00 $50,000.00 $ $ $168,000.00 $ $ PROPOSED FINANCING Source of Funds Amount Form of Funds Rate and Term Commitm eat Status Conditions /Additional Information (List tax benefits separately below, not as a source of direct financing;) (Loan, Grant, In - Kind, Donation, etc.) Include when funds will be disbursed; If loan, whether payments arc a level term, balloon, etc Source A: IDED* $ 50,000 Supplemental Withholding Source B: Other State (Community College, IDOT, etc.) Tax Increment Financing $337,000 10 -yr TIFF Rebate to Developer Source C: Local Government $ NICC In -kind Contribution Source 1): Business $ TOTAL $387,000 Source E: Other Private Sources $168,000 Cash on hand Source F: $ Source G: 1 $ TOTAL $218,000 TAX CREDITS AND INDIRECT FINANCING Source of Funds Amount Description Investment Tax Credit Sales, Service & Use Tax Refund Doubled Research Activities Credit Supplemental Withholding Local Property Tax Exemption Tax Increment Financing $337,000 10 -yr TIFF Rebate to Developer 260E job Training Funds $ 50,000 NICC In -kind Contribution Other TOTAL $387,000 Project Budget Racking, shelving and conveyor equipment used in distribution center projects only Does the Business plan to lease the facility? ® Yes ❑ No If yes, please provide the Annual Base Rent Payment (lease payment minus property taxes, insurance, and operating /maintenance expenses) and the length of the lease agreement. Annual Base Rental is $154,020. Lease is for 7 years with two 3 -year extension options. * Identify the collateral used to secure IDED funds: What measures were analyzed to determine the amount and form of assistance needed? Is the Business actively considering locations outside of Iowa? ® Yes ❑ No If yes, where and what assistance is being offered? 5055 West Patrick Lane, Las Vegas, NV 89118. None. IDED — Business Financial Assistance Application 7 v. 09.22.2009 There are three general justifiable reasons for assistance. Check the box next to the reason why assistance is needed to complete this project. ❑ Financing Gap - The Business can only raise a portion of the debt and equity necessary to complete the project. A gap between sources and uses exists and state and /or federal funds are needed to fill the gap. ❑ Rate of Return Gap — The Business can raise sufficient debt and equity to complete the project, but the returns are inadequate to motivate an "economic person" to proceed with the project. Project risks outweigh the rewards. ® Location Disadvantage (Incentive) — The Business is deciding between a site in Iowa (site A) and a site in another state (site B) for its project. The Business argues that the project will cost less at site B and will require a subsidy to equali ?e costs in order to locate at site A. The objective here is to quantify the cost differential between site A and site B. Peninsula Gaming has an office located in Las Vegas, NV. Corporate casino talent is more readily available in Las Vegas and the surrounding areas and therefore it would be less costly for the company if the corporate offices moved to Las Vegas and hired the new positions for the Las Vegas office. Las Vegas does not offer any incentives for business expansions. However, it is Peninsula's desire to maintain the corporate offices in Dubuque, Iowa, and hire Iowans as well as relocated talent from the Las Vegas area to Dubuque, Iowa keeping current and future staff and their families in Iowa. The available incentives that the City /State are offering would help counter /off -set some of the expenses the company will incur for relocating corporate employees to its Dubuque location. IDED — Business Financial Assistance Application 8 v. 09.22.2009 Full RETAINED Jobs (Add additional nows as needed) Job Title (Employee #) Number of RETAINED Jobs S Wage Wage at End of Year Three 1430 1 58,572.80 64,004.08 5213 1 44,990.40 49,162.22 5997 1 33,009.60 36,070.49 6076 1 37,502.40 40,979.88 5622 1 254,051.20 277,608.61 5901 1 53,268.80 57,643.13 6026 1 24,960.00 27,274.46 351 1 152,339.20 166,465.16 7080 1 95,472.00 104,324.83 5572 1 46,342.40 50,639.59 7667 1 86,528.00 94,551.49 8281 1 87,547.20 95,665.19 684 1 20,779.20 22,706.00 1019 1 37,398.40 40,866.24 6337 1 170,164.80 185,943.66 3711 1 33,155.20 36,229.59 5016 1 100, 006.40 109,279.69 5554 1 31,116.80 34,002.16 4 1 109,803.20 119,984.93 5880 1 22,880.00 25,001.59 5453 1 34,694.40 37,911.51 309 1 27,851.20 30,433.76 25 1 316,326.40 345,658.40 5072 1 47,070.40 51,435.10 1367 1 66,830.40 73,027.38 5110 1 522,953.60 571,445.52 5464 1 47,632.00 52,048.77 Full - Time CREATED Jobs (Add additional rows as needed) Job Title Number of CREATED Jobs Starting Wage Wage at End of year Three VP Legal 1 200,000 218,000 VP Gaming 1 250,000 273,000 VP Advertising 1 100,000 109,000 Senior Art Director 2 50,000 54,000 Senior Web Designer 1 35,000 38,000 Graphic Artist 2 40,000 44,000 Web Programmer 1 30,000 33,000 Administrative Assistant 1 38,000 42,000 Total CREATED Jobs 10 Project Jobs List the jobs that will be created and /or retained as the result of this project. (A retained job is an existing job that would be eliminated or moved to another state if the project does not proceed in Iowa.) For jobs to be created, include the starting and final hourly wage rate. For retained jobs, include the current hourly wage rate. Is the hourly wage rate based on a 40 hour work week, 52 weeks per year? ® Yes ❑ No If no please explain: IDED — Business Financial Assistance Application 9 v. 09.22.2009 3330 1 40,809.60 44,593.76 5624 1 30,472.00 33,297.57 Total RETAINED Jobs 29 IDED — Business Financial Assistance Application 10 v. 09.22.2009 /O / )/ Attachment A3 State of Iowa County of Dubuque • °7 PENINSULA GAMING, LLC Affidavit I, Natalie Schramm, depose and say that I have examined the following statement and have found it to the best of my knowledge to be accurate and true. Peninsula Gaming, LLC has not, within the last five years, violated state or federal statutes, rules, and regulations, including environmental and worker safety regulations, or, if such violations have occurred, that there were mitigating circumstances or such violations did not seriously affect public health or safety or the environment. I further depose that the signature below is my own proper signature. Dated: 2/5/09 Subscribed and sworn to before me on thi 5th da of - f ua 2010. tL at J ' .I Notary Public) buque County /State of Iowa My commission expires on: 10/20/10 Natalie Schramm, CFO Peninsula Gaming, LLC 600 Star Brewery Drive, Suite 110, Dubuque, IA 52001 I P: 563 - 690 - 4975 I F: 563 - 690 - 1394