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Rite Hite/AB(MC)2 - Iowa Economic Development Authority Assistance Copyright 2014 City of Dubuque Action Items # 3. ITEM TITLE: Rite Hite/AB(MC)2- Iowa Economic Development Authority Application for State Assistance SUMMARY: City Manager recommending approval of the submittal of an Economic Development Assistance Application to the Iowa Economic Development Authority on behalf of Rite Hite/AB(MC)2 for their proposed expansion in Dubuque. RESOLUTION Authorizing the filing of an application for State Business Financial Assistance on behalf of Rite Hite/AB(MC)z. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Rite Hite IEDA Application-MVM Memo City Manager Memo Staff Memo Staff Memo IEDAApplication Supporting Documentation Resolution Resolutions THE CITY OF Dubuque U E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: State of Iowa Business Financial Assistance Application for Rite Hite/AB(MC)2 DATE: May 11, 2016 Economic Development Director Maurice Jones recommends City Council approval of the submittal of an Economic Development Assistance Application to the Iowa Economic Development Authority (IEDA) on behalf of Rite Hite/AB(MC)2 for their $8.9 million proposed expansion in Dubuque. The proposed project would add 24 jobs and promote the City's goal of retaining and expanding business to add to the economic base. Rite-Hite is a privately-held producer and distributor of loading dock equipment, industrial doors, safety barriers and industrial fans. Rite-Hite's longstanding reputation for safety, quality and innovation has expanded through the constant introduction of unique new products. In 1991, Rite-Hite acquired the Dubuque-based Frommelt Industries, significantly broadening its offerings. Frommelt Industries was one of the early businesses to build and locate in the Dubuque Industrial Center in the early 1980's. Today, Rite-Hite employs 270 people at the Chavenelle Road operation. Rite-Hite's proposed expansion includes a total capital investment of $8,920,446 and the creation of 24 new jobs in Dubuque. The proposed expansion would include 138,000 square feet of new production space, a partial remodel of offices, and approximately $420,000 for new machinery and equipment. The proposed project will improve productivity and operational efficiencies, as well as expand research and development capabilities. On May 20th, the Board of Directors of the I EDA will consider a project assistance package for the capital investment. The IEDA Board will consider a package that includes $348,120 in Iowa Investment Tax Credits and also $251,338 in sales, service, and use tax rebates. This project is contingent upon the approval of the IEDA Board of Directors on May 20th. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen' MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director 2 Dubuque Economic Development Department THE CITY OF 50 West 13th Street All-America City Dubuque,Iowa 52001-4864 D U B3 E1 ' Office(563)589-4393 TTY(563)690-6678 ° http://www.cityofdubuque.org Masterpiece on the Mississippi 200.2012.2013 TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: State of Iowa Business Financial Assistance Application for Rite Hite/AB(MC)2 DATE: May 9, 2016 INTRODUCTION This memorandum presents for City Council review and approval a resolution authorizing the submission of an Iowa Economic Development Assistance Application by Rite Hite/AB(MC)2 to the Iowa Economic Development Authority (IEDA). BACKGROUND Rite-Hite is a privately-held producer and distributor of loading dock equipment, industrial doors, safety barriers and industrial fans. Rite-Hite rose to prominence as a company when it introduced its groundbreaking DOK-LOK® trailer restraint in 1980. Rite-Hite's longstanding reputation for safety, quality and innovation has expanded through the constant introduction of unique new products. In 1991, Rite-Hite acquired the Dubuque-based Frommelt Industries, significantly broadening its offerings. Frommelt Industries was one of the early businesses to build and locate in the Dubuque Industrial Center in the early 1980's. Today, Rite-Hite employs 270 people at the Chavenelle Road operation. Rite-Hite's proposed expansion includes a total capital investment of $8,920,446 and the creation of 24 new jobs in Dubuque, 11 of which will qualify for the State's program. The proposed expansion would include 138,000 square feet of new production space, a partial remodel of offices, and approximately $420,000 for new machinery and equipment. The proposed project will improve productivity and operational efficiencies, as well as expand research and development capabilities. DISCUSSION On May 20th, the Board of Directors of the Iowa Economic Development Authority (IEDA) will consider a project assistance package for the capital investment. The IEDA Board will consider a package that includes $348,120 in Iowa Investment Tax Credits and also $251 ,338 in sales, service, and use tax rebates. This project is contingent upon the approval of the IEDA Board of Directors on May 20th. RECOMMENDATION I recommend that the City Council approve the Economic Development Assistance Application on behalf of Rite Hite/AB(MC)2 for the proposed investment of approximately $8.9 million for the expansion of its operations in Dubuque. The proposed project would add 24 jobs and promote the City's goal of retaining and expanding business to add to the economic base. ACTION STEP The action step for the City Council is to adopt the attached resolution. WA Debi V. Durham, Director Iowa Economic Development Authority Business Financial Assistance ,Application Business Finance - Business Development Division Iowa Economic Development Authority 200 East Grand Avenue Des Moines, Iowa 50309-1819 www.iowaeconomicdevelopment.com Telephone: 515.725.3134 Email: businessfinance(a)iowa.gov 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. STATE of IOWA— Financial Assistance Program High Quality Jobs Program (HQJP) x Tax Credits ❑ Direct Financial Assistance 2. Before filling out this application form, please read all applicable sections of the Iowa Code and Iowa Administrative Code (rules). https://www.legis.iowa.gov/law/administrativeRules 3. 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. 4. Complete the applicable sections of the application fully. If questions are left unanswered or required attachments are not submitted, an explanation must be included. 5. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 6. Any inaccurate information of a significant nature may disqualify the application from consideration. 7. The following must be submitted to Business Finance at IEDA 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. Applications must be submitted to IEDA Business Finance before 4:00pm on the fourth Monday of the month. Applications will be reviewed by the IEDA Board on the third Friday of the following month. Public Records Policies During the application process, the information submitted by you to IEDA is exempt from disclosure under the"industrial prospects" exemption found in Section 22.7(8). However, once you receive an award, the industrial prospects exemption no longer applies and all documents submitted and generated during the application and negotiation process become public records under Iowa's Open Records Law (Iowa Code, Chapter 22), unless 1) The information belongs to one of the classes of records automatically treated as confidential; or 2) You have applied for and received written notice that your information will be treated as confidential. Automatically Confidential Records IEDA automatically treats the following records as confidential and will withhold them from public inspection even without a request for confidential treatment: • Tax Records and Tax Liability Information • Quarterly Iowa Employer's Contribution and Payroll Report prepared for the Iowa Workforce Development Department • Payroll Registers • Business Financial Statements and Projections (unless those statements are already publicly available elsewhere, e.g., 10-K filings) • Personal Financial Statements Exemptions to the Open Records Law If you wish to have additional information treated as confidential, you must fill out the confidential treatment request form. Under the Open Records Law, IEDA may lawfully treat certain information as confidential if that information falls within an exemption to the Open Records Law. The following exemptions represent records which may lawfully be treated as confidential under the Open Records law and which are most often applicable to the information submitted to IEDA: • Release of information would give an unfair advantage to competitors— Iowa Code Sec. 15.118 • Trade secrets—See Iowa Code section 22.7(3), see also Iowa Code Ch. 550 • Information on an industrial prospect with which the IEDA is currently negotiating —See Iowa Code section 22.7(8) • Communications not required by law, rule or regulation made to IEDA by persons outside the government to the extent that IEDA could reasonably believe that those persons would be discouraged from making them to IEDA if they were made available for general public examination— Iowa Code section 22.7(18) Non-Confidential Information Information that is submitted to IEDA as part of the application process or that is contained in a contract for program benefits is generally considered material to the eligibility requirements of the program or to the amount of incentives or assistance to be provided. Such information is generally not given confidential treatment. Such information includes but is not limited to, the number and type of jobs incented, the wage levels for the incented jobs, your company's employee benefit information, and your project budget. Additional Information Available. Copies of Iowa's Open Record law and IEDA's administrative rules relating to public records are available from the IEDA upon request. IEDA—Business Financial Assistance Application v.2.22.16 SECTION A Applicant information Date Application Submitted: 1. Name of Business: AB(MC)2, LLC & Rite-Hite Holding Corporation 2. Entity Name (for contracting purposes): AB(MC)2, LLC & Rite-Hite Holding Corporation 3. Address: 8900 North Arbon Drive 4. City, State &Zip Code: Milwaukee, WI 53223 5. Contact Person: Scott Woodward Title: Manufacturing Manager 6. Phone: 563-589-2709 Fax: Email: swoodward@ritehite.com 7. AB(MC)2, LLC: 52-2279145 & Rite-Hite Holding Corporation: 39-1913562 8. Code for primary business operations: 333200 9. US DOT Number: N/A 10. Does the Business file a consolidated tax return under a different tax ID number? ❑ Yes (If yes, please also provide that tax ID number) X No a. Is the contact person listed above authorized to obligate the Business? ❑ Yes x No If no, please provide the name and title of a company officer authorized to obligate the Business: Mark Kirkish, CFO &Treasurer 11. If the application was prepared by someone other than the contact person listed above, please complete the following: Name of Business: Address: City, State &Zip Code: Contact Person: Title: Phone: Fax: Email: Sponsor Information (A sponsor organization is a city or county) 12. Sponsor Organization: City of Dubuque 13. Official Contact(e.g. Mayor, Chairperson, etc.): Roy Buol Title: Mayor 14. Address: 50 West 13th Street 15. City, State &Zip Code: Dubuque, IA 52001 16. Phone: 563-589-0890 Fax: Email: 17. If IEDA needs to contact the sponsor organization with questions, should we contact the person listed above? ❑ Yes x No, please contact the following person: Name: Maurice Jones Title: Director of Economic Development Address: 50 West 13th Street City, State &Zip Code: Dubuque, IA 52001 Phone: 563-589-4393 Fax: Email: mjones@cityofdubuque.org If necessary, please list information on additional sponsors in an attachment. SECTION B Business Information 1. Provide a brief description and history of the Business. Include information about the Business' products or services and its markets and/or customers. Manufacturer and distributor of loading dock equipment, industrial doors, safety barriers and industrial fans. 2. Business Structure: ❑ Cooperative X Corporation X Limited Liability Company ❑ Partnership ❑ S-Corporation ❑ Sole Proprietorship 3. State of Incorporation: Wisconsin 4. Identify the Business' owners and percent ownership: Michael White, 100%owner of each company 5. Does a woman, minority, or person with a disability own the Business? ❑ Yes x No 6. List the Business' Iowa locations and the most current number of employees at each location. Rite Hite Dubuque —270 employees; Rite Hite Peosta—41 employees; Arbon Equipment, Grimes, Iowa—8 employees 7. What is the Business'worldwide employment? (Please include employees of parent company, subsidiaries, and other affiliated entities in this figure.) 1873 Project Information 8. Project Street Address: 4343 Chavenelle Road Project City&Zip Code: Dubuque, IA 52002 Project County: Dubuque 9. Type of Business Project: ❑ Startup x Expansion of Iowa Company ❑ New Location in Iowa 10. Does the project site qualify as a"Brownfield"or"Grayfreld"site? ❑Yes x No If yes, please explain and document as Attachment A6. 11. Describe the proposed project for which assistance is being sought.(Incutae project timenne win Oates, facility size, infrastructure improvements, proposed products/services,any new markets,etc.) The proposed project will expand the existing Rite Hite Dubuque manufacturing facility by 138,000 square feet. The project will yield consolidation of the Dubuque area Rite Hite businesses within one facility, improve productivity and operational efficiencies and expand research and development capabilities to support current business and future business growth. 12. Project Timeline (add additional rows as needed) Beginning Activity Date Activity Completion Date Facility expansion 6/1/16 12/31/16 Interior build outs and renovation of the existing 01/01/2017 06/01/2017 building 13. Has any part of the project started*? x Yes ❑ No If yes, please explain. Layout and building design proposals along with contractor bids submitted to Rite Hite *For IEDA's purposes,starting the project includes the start of construction or rehabilitation,the purchase of a building,the execution of a lease,or the installation of equipment to be used in the project 14. Identify the Business' competitors. If any of these competitors have Iowa locations, please explain the nature of the competition (e.g. competitive business segment, estimated market share, etc.)and explain what impact the proposed project may have on the Iowa competitor. No direct Iowa competitors 15. Will any of the current Iowa employees lose their jobs if this project does not proceed? ❑ Yes x No If yes, please explain why and identify those jobs as"retained jobs" in the Project Jobs Section E 16. Is the Business actively considering locations outside of Iowa? ❑ Yes x No If yes,where and what assistance is being offered? 17. Please identify the company project management for the project location and experience. Direct project management for the proposed expansion will be provided by the General Contractor along with a designated Rite Hite project team which is primarily located at the Dubuque facility. SECTION C Applicant's Project Budget 1. Does the Business plan to lease the facility? ❑ Yes x No If yes, please provide the Annual Base Rent Payment(lease payment minus property taxes, insurance, and operating/maintenance expenses)for three years in the budget below, and only major renovation costs your company expects to incur. Administrative rules require that the lease be in place for a minimum of five years. 2. Please complete the budget below. Include only costs the company plans to incur directly: Use of Funds Cost Source A Source B Source C Source D Source E Source F Base Rent 3 ears Tenant Improvements Land Acquisition Site Preparation 750000 750000 Building Acquisition Building Construction 7287946 7287946 Building Remodeling 340000 1 340000 Mfg. Machine & Equip. 225000 225000 Other Machine & E ui . 192500 192500 Racking, Shelvin , etc. Computer Hardware 100000 100000 Computer Software Furniture& Fixtures Working Capital Research & Development Other 2 5 0 0 02 5 0 0 0 TOTAL $8920446 $ $ $8920446 $ $ $ Racking,shelving and conveyor equipment used in distribution center projects only 3. Please complete the chart below with proposed financing for the project(tax benefits should be reflected as indirect financing under#5 below): PROPOSED FINANCING Source of Funds Form of Funds Conditions/Additional Information Amount (Loan,Grant, In- Rate and Commitment Include when funds will be Add additional lines as needed Kind,Donation,etc.) Term Status disbursed;If loan,whether payments are a level term, balloon,etc Source A: IEDA see#4 below $ Source B: Local Government $ Source C: Business $892,045 Cash on hand Committed Source D: Other Source $8,028,401 Loan Term sheet JP Morgan Chase from bank Source E: Other Source $ Source F: Other Source $ TOTAL $89211446 4. Direct financial assistance(loansiforgivable loans) must be secured with acceptable collateral. Please select the type of collateral your company will pledge to secure the IEDA financing, and document its value in Attachment A5.* No collateral,funding disbursed at the end of the 5-year contract Irrevocable letter of credit Dedicated certificate of deposit CD ❑ Surety bond ❑ Mortgage on real estate ❑ Corporate guaranty ❑ Personal guarantee ❑ The IEDA Board has the final discretion on what collateral will be accepted. 5. Please complete the chart below with tax credits and other indirect financing expected for the projact TAX CREDITS AND INDIRECT FINANCING Source of Funds Amount Description Investment Tax Credit $348,120 HQJP Sales, Service&Use Tax Refund $251,338 HQJP Research Activities Credit 30/6/10% Local Property Tax Exemption Tax Increment Financing Rebate $1,200,000 TIF rebate 90%per year over 10 years 260E Job Training Funds In-kind Contribution Other TOTAL $1,799,458 6. There are three justifiable reasons for providing assistance. Check the box next to the reason why assistance is needed to complete this project. ❑ Financing Gap-A gap exists between the financing required and the financing on-hand and the provision of tax incentives or assistance is necessary to fill the gap. x Rate of Return Gap—The likely returns of the project are inadequate to motivate a company decision maker to proceed with the project even if sufficient debt or equity can be raised to finance the project, and the project's risks outweigh its rewards, making the provision of tax incentives or assistance necessary to reduce the project's risks. ❑ Location Disadvantage(Incentive)—The business is deciding between a site in Iowa("Iowa site")and a site in another state ("out-of-state site")for its project and the cost of completing the project at the out-of-state site is demonstrably lower, making tax incentives or assistance necessary to equalize the cost differential between the two sites. Note: The authority will attempt to quantify the cost differential between the sites. 7. Please provide a brief explanation of the need for assistance. The amount of assistance requested supports an acceptable rate of return for this project. SECTION D Employee Benefits There are three options to meeting the sufficient benefit requirement. These options are detailed in the chart below. Please complete questions 13. If your company meets Option 1 or 2, no additional information is required. If you would like to utilize Option 3, piease also complete questions 4-6. Option 1 Option 2 Option 3 80%single Coverage 50% Family coverage Monetary Equivalent Total Number of Pay 80%of premium costs Pay 50%of premium costs for Provide medical and pay the Employees in for a standard medical plan, a standard medical plan, monetary equivalent of Option US single coverage. family coverage. 1 or Option 2 in supplemental 250+ $1250maximum deductible $2500 maximum deductible employee benefits. 50-249 $2250 maximum deductible $4500 maximum deductible Benefits Counted Toward 0-50 $2000 maximum deductible $4000 Maximum deductible Monetary Equivalent.Medical coverage, Dental coverage, Vision insurance, Life insurance, Pension, 401(k) (company's Average contribution, Short-Hong-term disability insurance, Child care IEDA-Business Financial Assistance Application 6 v.2.22.16 C services, Other nonwage compensation 1. How many full-time, permanent employees does your company currently employ within the U.S.?312 2. What is the total premium cost for a standard medical plan for single employee coverage? $ a. What portion of this cost is paid by the business? 86% b. What is the deductible associated with this plan? $ 1.500 3. What is the total premium cost for a standard medical plan for family coverage? $ 17.428 a. What portion of this cost is paid by the business? 89% b. What is the deductible associated with this plan? $ 3.750 No additional information required, in this section, if your company meets the requirement for Option 1 or Option 2 4. Does your company provide additional benefits to full time employees? ❑Yes ❑No If yes, please provide the annual amount offered by the business, per employee in the chart below: Benefit Annual amount paid by the business (Der employee): Dental Insurance—Sin le plan $ Dental Insurance—Family Ian $ Pension Use 3-year average calculated below) $ Retirement Plan -i.e. 401 k Use 3 year average calculated below) $ Profit Sharing Plan (Use 3- ear average calculated below $ Childcare Services $ Life Insurance coverage $ Disability Insurance coverage $ Health Savings Account HSA contribution $ TOTAL $ 5. Does the Business offer a pension plan,401(k) plan, and/or retirement-plan? ❑ Yes ❑ No If yes, please indicate the amount contributed on a per employee basis by the Business to the plan for the last three years. For 401(k) plans, please provide information on the company match and indicate the average annual match per employee. Year Ending Average Actual Match per Employee $ Three-year Average: $ 6. Does the Business offer a profit-sharing plan? ❑Yes ❑ No If yes, please indicate total amount paid out each year for the past three years and then, determine the average annual bonus or contribution per employee for that three year period. Year Ending Average Actual Share per Employee $ Three-year Average: $ Notes: 1. A qualified plan must be offered to all full-time permanent employees. 2. ff you have multiple health insurance plans,please provide information on each plan. SECTION E Project Jobs 1. 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. Full-Time CREATED Jobs Add additional rows as needed Job Title Number of Starting Wage at 36 months CREATED Jobs Hourly Wage following the award Assembler 13 $14.02 $15.32 Customer Service/Planner 5 $20.74 $22.66 Engineer 6 $24.00 $26.23 Total Full-Time CREATED Jobs 24 Full-Time RETAINED Jobs (Add additional rows as needed) Number of Current Hourly Job Title(AT-RISK jobs only) RETAINED Wage Jobs Total Full-Time RETAINED Jobs 2. Is the hourly wage rate based on a 40 hour work week, 52 weeks per year?x Yes ❑ No If no please explain: v.2.22.16 Business Financial Assistance Application — Rite Hite Page 9 — original redacted from City Council copy, as it contained confidential information SECTION G Attachments Please attach the following documents: Al Project Plan Please provide an executive summary for your project. This information should include, at a minimum, expanded information about the company's products and services and any other project related information that has not already been described in the application for financial assistance. Please note, a traditional business plan, including an executive summary, market analysis, organization and management structure, marketing and sales management, service and product line narrative, financial projections, feasibility study and patent status, as well as any other relevant information, may be requested by the Iowa Economic Development Authority to evaluate the feasibility of this project. A2 Payroll Information (Confidential) • Copies of the Business' Quarterly Iowa Employer's Contribution and Payroll Report for the past year. This report should include the monthly employment totals. • A copy of the most recent payroll report for one pay period. The copy of the most recent payroll report for one pay period must be in Excel format and include the following information: o Company name, date of payroll and source of payroll information o Employee name and/or employee identification number o Current hourly wage-do not include bonuses or other benefit values o Indicate if the employee is full time(40 hours per week, 52 weeks per year)or part time. o A sample Excel spreadsheet can be found at hftt)://www,iowaeconomicdevelopment.com/Business/application A3 Affidavit that states the Business has not, within the last five years, violated state or federal statutes, rules, and regulations, including environmental, worker safety regulations and antitrust laws, 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. A sample affidavit can be found at hftp://www.iowaeconomicdevelopment.com/Businesstai)plication A4 Financial Information (Confidential, unless already publicly available) (Existing Businesses Only) • Profit and loss statements and balance sheets for past three year-ends; • Current YTD profit and loss statement and balance sheet; • Schedule of aged accounts receivable; • Schedule of aged accounts payable; and • Schedule of other debts. A5 Collateral documentation (If requesting direct financial assistance only) A6 Brownfield or Grayfield site documentation (if applicable) SECTION H Certificabon & Release of Information 1 Are there any judgments or court actions completed or pending against the applicant entity, or any current or prospective officer, principal, director, or owner? ❑ Yes X No 2. Has any current or prospective officer, principal, director, or owner been accused or convicted of any wrongdoing or crime, other than a simple misdemeanor? ❑ Yes X No 3. Have there been any current or past bankruptcies on the part of the applicant entity (or predecessor entities), or on the part of any current (or prospective) officer, principal, owner or in any business dealings of current (or prospective) officers, principals, or owners of the applicant entity? ❑ Yes X No 4. In the last five years have there been, or are there currently any investigations of potential violations of public health, safety (including workplace safety) or environmental laws by the applicant entity, or any current or prospective officer, principal, director, or owner? 0 Yes X No 5. In the last five years have there been, or are there currently any violations of antitrust laws by the applicant entity, or any current or prospective officer, principal, director, or owner? ❑ Yes X No 6. lfyes to any of the above, please provide additional explanation: I hereby give permission to the Iowa Economic Development Authority (IEDA) 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 IEDA 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 IEDA related to this application is subject to Iowa's Open Record Law (Iowa Code, Chapter22), unless specifically marked as confidential section. I understand that IEDA reserves the right to negotiate the financial assistance. I understand this application is subject to final approval by IEDA and the Project may not be initiated until final approval is secured. Furthermore, I am aware that funds will not be disbursed until a contract has been executed and the appropriate terms have been met. I understand that upon execution of the contract and prior to the issuance of a tax credit number or the disbursement of Award Funds, a recipient shall pay IEDA a one-time compliance cost fee in the amount of $500. In addition, if tax benefits are greater than $100,000, the Recipient shall remit to IEDA a compliance cost fee 0.5% of the value of the Tax Incentives claimed pursuant to the contract. The fee will be due and payable upon filing the Recipient's annual tax retum for each tax year in which tax credits are claimed under the contract. I hereby certify that all representations, warranties, or statements made or furnished to IEDA 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 Business: MJAVA Signature For the Sponsor(s): oiL / MARK S. KfRKISH - CFO & TREASURER May 16, 2016 Date Signature'"" Date Name and Title (typed or printed) Roy D. Buol, Mayor Name and Title (typed or printed) IEDA 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, IEDA may initiate legal action to recover incentives and assistance awarded to the Business. 11 Prepared by: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13th Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 197-16 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF RITE HITE/AB(MC)2 Whereas, Rite Hite/AB(MC)2 has proposed making an Eight Million Nine Hundred Thousand Dollar ($8,900,000.00) investment for a one hundred forty thousand square foot (140,000 sq. ft.) expansion to its current manufacturing and office facility in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of twenty-four (24) full-time jobs in the City, eleven (11) of which qualify for the Iowa Economic Development Authority Business Financial Assistance Program; and Whereas, financial assistance from the Iowa Economic Development Authority is designed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the facility expansion of Rite Hite/AB(MC)2's current location at 4343 Chavenelle Road in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Application for participation in the Iowa Economic Development Authority's Financial Assistance Program on behalf of Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 16th day of May, 2Q16. Roy 0. Buo Attest: Kevin Sr' I irnstahl, City( Ierk r