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HomeMy WebLinkAbout28. 21-130DESIGNATE TAX INCREMENT DISTRICT NO. 40 BOUNDARIES; CREATE TAX INCREMENT DISTRICT NO. 40 MILES KIMBALL REDEVELOPMENT INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the City of Oshkosh (the “City”) has determined that use of Tax Incremental Financing is required to promote development and redevelopment within the City; and WHEREAS, Tax Increment District No. 40 (the “District”) is proposed to be created by the City as district in need of rehabilitation or conservation in accordance with the provisions of Wisconsin Statutes Section 66.1105 (the "Tax Increment Law"); and WHEREAS, a Project Plan for the District has been prepared that includes: a. A statement listing the kind, number and location of all proposed public works or improvements within the District, or to the extent provided in Wisconsin Statutes Sections 66.1105(2)(k) and 66.1105(4)(gm), outside of the District; b. An economic feasibility study; c. A detailed list of estimated project costs; d. A description of the methods of financing all estimated project costs and the time when the related costs or monetary obligations are to be incurred; e. A map showing existing uses and conditions of real property in the District; f. A map showing proposed improvements and uses in the District; g. Proposed changes of zoning ordinances, master plan, map, building codes and City ordinances; h. A list of estimated non-project costs; i. A statement of the proposed plan for relocation of any persons to be displaced; j. A statement indicating how the District promotes the orderly development of the City; MARCH 9, 2021 21-130 RESOLUTION (CARRIED_6-0__LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE TAX INCREMENT DISTRICT NO. 40 PROJECT PLAN; MARCH 9, 2021 21-130 RESOLUTION CONT’D k. An opinion of the City Attorney or of an attorney retained by the City advising that the plan is complete and complies with Wisconsin Statutes Section 66.1105(4)(f); and WHEREAS, prior to its publication, a copy of the notice of public hearing was sent to owners of all property in the proposed district, to the chief executive officers of Winnebago County, the Oshkosh Area School District, and the Fox Valley Technical College District, and any other entities having the power to levy taxes on property located within the District, in accordance with the procedures specified in the Tax Increment Law; and WHEREAS, in accordance with the procedures specified in the Tax Increment Law, the Plan Commission, on January 19, 2021 held a public hearing concerning the project plan and boundaries and proposed creation of the District, providing interested parties a reasonable opportunity to express their views thereon; and WHEREAS, after said public hearing, the Plan Commission designated the boundaries of the District, adopted the Project Plan, and recommended to the Common Council that it create such District and approve the Project Plan NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that: 1. The boundaries of the District shall be named "City of Oshkosh Tax Increment District No. 40, Miles Kimball Redevelopment", are hereby established as specified in Exhibit A of this Resolution. 2. The District is created effective as of March 9, 2021. 3. The Common Council finds and declares that: (a) Not less than 50% by area of the real property within the District is in need of rehabilitation or conservation work within the meaning of Wisconsin Statutes Section 66.1337(2m)(a). (b) Based upon the findings, as stated in 3(a) above, the District is declared to be a District in need of rehabilitation or conservation based on the identification and classification of the property included within the District. MARCH 9, 2021 21-130 RESOLUTION CONTD (c) The improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District. (d) The equalized value of the taxable property in the District plus the value increment of all other existing tax incremental districts within the City, does not exceed 12% of the total equalized value of taxable property within the City. (e) The City estimates that none of the territory within the District will be devoted to retail business at the end of the District’s maximum expenditure period, pursuant to Wisconsin Statutes Section 66.1105(5)(b). (f) The project costs relate directly to promoting rehabilitation or conservation of the area consistent with the purpose for which the District is created. (g) All property within TID No. 40 was within the City boundaries as of January 1, 2004. 4. The attached Project Plan for "City of Oshkosh Tax Increment District No. 40, Miles Kimball Redevelopment" is hereby approved, and the City further finds the Plan is feasible and in conformity with the master plan of the City. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves creation of Tax Incremental Financing District No. 40 Miles Kimball Redevelopment. “Exhibit A” TID 40 Miles Kimball Redevelopment Legal Description ALL OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 6242 RECORDED AS DOCUMENT NUMBER 1475152, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE FRACTIONAL SOUTHWEST CORNER OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, THIRD WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons, Planning Services Manager DATE: March 4, 2021 RE: Approve Tax Increment District No. 40 Project Plan; Designate Tax Increment District No. 40 Boundaries; Create Tax Increment District No. 40 Miles Kimball Redevelopment (Plan Commission Recommends Approval) BACKGROUND Tax Incremental District No. 40 (the “TID” or “District”) is a proposed 0.83 acre parcel in need of rehabilitation or conservation district comprising of the former Miles Kimball building. The proposed district is comprised of one parcel. The City anticipates making total expenditures of approximately $1,834,000 to undertake project identified in the Project Plan. Project costs include an estimated $1,573,000 in “pay as you go” development incentives (principal and interest), $100,000 in public improvements, and an estimated $161,000 in administrative costs and interest expenses. The Project Plan includes a statement listing the kind, number, and location of proposed improvements which starts on page 16. It contains an economic feasibility study, a detailed list of estimated project, costs and timing of those costs as well as a method of financing starting on page 25. ANALYSIS The City is projecting that new land and improvements value of approximately $3.48 million will result from redevelopment activity within the District. These key assumptions are identified in Section 9 of the Plan starting on page 25. The “expected” improvements will occur on the parcel located in the district and may entail the following: The applicant is proposing an adaptive reuse of the former building to a market rate apartments building. Per the submitted narrative, 28 units are planned to be constructed within the building. Finding appropriate uses for buildings of this type can be challenging as they outlive their original intended use. Table 1 on page 26 shows the development assumptions when values will be added the site. The development assumption are anticipating being able to fully develop the district by sometime in 2021. Based on the Municipal Revenue Obligation (MRO) for the development incentive identified on Table 3 on Page 29 of the Plan, the district is anticipated to pay off costs by 2043 at which time the city could potentially terminate the district, which would be 21 years. If necessary, the City Hall • 215 Church Avenue • P.O. Box 1130 • Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us district would be permitted to remain open for up to the statutorily allowed 27 years to reimburse possible public improvement costs. At closure, the full value of the properties would be added back to the overall tax rolls which current estimate is $3.48 million. If public improvement expenditures are not required, the District would close one year sooner. The District is being created as an area “in need of rehabilitation or conservation” within the meaning of Wis. Stat. 66.1337 (2m)(a) based on a finding that over 50% of the area is need of rehabilitation. The parcels identified as “in need of rehabilitation or conservation” are shown on the Existing Conditions map on page 12 of the Plan. Example of the proposed improvements can be found on page 13. The subject property contained an aged structure that has outlived its originally intended use and has been vacant for several years. The current owner no longer intends to redevelop the building and would look to either sell or demolish the structure. The proposed development scored 70 points on the City’s Conservation and Rehabilitation scoring matrix, exceeding the minimum 50 points required. The proposed Plan is in general conformance with the City of Oshkosh’s Comprehensive Plan identifying the area as appropriate for Center City. The property is rezoned to Central Mixed Use with a Planned Development Overlay (CMU-PD) which is consistent with recommendations with the Comprehensive Plan for creating diverse housing options in the central city. The proposed Plan is also in conformance with the City of Oshkosh’s Sawdust District Master Plan. The subject area is within the Core subarea, which identifies redevelopment of existing the building as a key goal. FISCAL IMPACT Project costs include an estimated $1,573,000 in “pay as you go” development incentives (principal and interest), $100,000 in public improvements and an estimated $161,000 in administrative costs and interest expenses. The “pay-as-you-go” payments would only be made under the terms of a development agreement and when developed per that agreement and property taxes are paid. RECOMMENDATION The Plan Commission recommended approval of Tax Increment District No. 40 Project Plan and the designation of the boundaries at its January 19, 2021 meeting. Respectfully Submitted, Approved: Mark Lyons Mark A. Rohloff Planning Services Manager City Manager ITEM: PUBLIC HEARING: PROPOSED CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 40 MILES KIMBALL REDEVELOPMENT DESIGNATION OF BOUNDARIES AND APPROVAL OF PROJECT PLAN Prior to taking action on proposed Tax Increment District (TID) No. 40 and the designation of boundaries for said TID, the Plan Commission is to hold a public hearing and take comments concerning proposed creation of TID No. 40. The public hearing is required as part of the formal review process the City must follow in the creation of any tax incremental financing district or amendment thereto. GENERAL INFORMATION Applicant: YRB Properties – Miles Kimball LLC Owner: Bridgeview Holdings LLC GENERAL DESCRIPTION/BACKGROUND Please see attached TID No. 40 Project Plan for more detailed information. Tax Incremental District No. 40 (the “TID” or “District”) is a proposed 0.83 acre in need of rehabilitation or conservation district comprising of the former Miles Kimball building. The proposed district is comprised of one parcel. The City anticipates making total expenditures of approximately $1,834,000 to undertake project identified in the Project Plan. Project costs include an estimated $1,573,000 in “pay as you go” development incentives (principal and interest) $100,000 in public improvements and an estimated $161,000 in administrative costs and interest expenses. The Project Plan includes a statement listing the kind, number and location of proposed improvements which starts on page 16. It contains an economic feasibility study, a detailed list of estimated project costs and timing of those costs as well as a method of financing starting on page 25. ANALYSIS The City is projecting that new land and improvements value of approximately $3.48 million will result from redevelopment activity within the District. These key assumptions are identified in Section 9 of the Plan starting on page 25. The “expected” improvements will occur on the parcel located in the district and may entail the following: Use The applicant is proposing an adaptive reuse of the former building to a market rate apartments building. Per the submitted narrative, 28 units are planned to be constructed within the building. Finding appropriate uses for buildings of this type can be challenging as they outlive their original intended use. Item I: Creation of TID #40 Miles Kimball Redevelopment Table 1 on page 26 shows the development assumptions when values will be added the site. The development assumption are anticipating being able to fully develop the district by sometime in 2021. District Life Based on the Municipal Revenue Obligation (MRO) for the development incentive identified on Table 3 on Page 29 of the Plan, the district is anticipated to pay off costs by 2043 at which time the city could potentially terminate the district, which would be 21 years. If necessary, the district would be permitted to remain open for up to the statutorily allowed 27 years. At that point the full value of the properties would be added back to the overall tax rolls which current estimate is $3.48 million. If public improvement expenditure are not required, the District would close one year sooner. Type of District The District is being created as an area “in need of rehabilitation or conservation” within the meaning of Wis. Stat. 66.1337 (2m)(a) based on a finding that over 50% of the area is need of rehabilitation. The parcels identified as “in need of rehabilitation or conservation” are shown on the Existing Conditions map on page 12 of the Plan. Example of the proposed improvements can be found on page 13. The subject property contained an aged structure that has outlived its originally intended use and has been vacant for several years. The current owner no longer intends to redevelop the building and would look to either sell the structure. The proposed development scored 70 points on the City’s Conservation and Rehabilitation scoring matrix, exceeding the minimum 50 points required. Consistency with Plans The proposed Plan is in general conformance with the City of Oshkosh’s Comprehensive Plan identifying the area as appropriate for Center City. The property is rezoned to Central Mixed Use with a Planned Development Overlay (CMU-PD) which is consistent with recommendations with the Comprehensive Plan for creating diverse housing options in the central city. The proposed Plan is also in conformance with the City of Oshkosh’s Sawdust District Master Plan. The subject area is within the Core subarea, which identifies redevelopment of existing building as a key goal. RECOMMENDATIONS/CONDITIONS Staff recommends approval of the Project Plan and Boundaries for TID #40 as proposed. The Plan Commission approved of the proposed creation of tax increment financing district No. 40 Miles Kimball redevelopment, designation of boundaries, and project plan as requested. The following is the Plan Commission’s discussion on this item. Site Inspections Report: Ms. Propp, Mr. Groth, Mr. Hinz, Ms. Davey, and Mr. Mitchell reported visiting the site. Staff report accepted as part of the record. Item I: Creation of TID #40 Miles Kimball Redevelopment Tax Incremental District No. 40 (the “TID” or “District”) is a proposed 0.83 acre in need of rehabilitation or conservation district comprising of the former Miles Kimball building. The proposed district is comprised of one parcel. Mr. Lyons presented the item and reviewed the site and surrounding area. The City is projecting that new land and improvements value of approximately $3.48 million will result from redevelopment activity within the District. The applicant is proposing an adaptive reuse of the former building to a market rate apartments building. Per the submitted narrative, 28 units are planned to be constructed within the building. Finding appropriate uses for buildings of this type can be challenging as they outlive their original intended use. The district is anticipated to pay off costs by 2043 at which time the city could potentially terminate the district, which would be 21 years. If necessary, the district would be permitted to remain open for up to the statutorily allowed 27 years. At that point the full value of the properties would be added back to the overall tax rolls which current estimate is $3.48 million. If public improvement expenditure are not required, the District would close one year sooner. The District is being created as an area “in need of rehabilitation or conservation” within the meaning of Wis. Stat. 66.1337 (2m)(a) based on a finding that over 50% of the area is need of rehabilitation. The subject property contained an aged structure that has outlived its originally intended use and has been vacant for several years. The current owner no longer intends to redevelop the building and would look to either sell the structure. The proposed development scored 70 points on the City’s Conservation and Rehabilitation scoring matrix, exceeding the minimum 50 points required. He said that staff recommends approval of the Project Plan and Boundaries for TID #40 as proposed. Ms. Propp opened technical questions to staff. Mr. Mitchell stated that part of the basis for needing TIF financing is that other financing that may be available for restoration such as historic tax credits may not be optimal. They mention that the new market tax credits also wouldn’t be available because they’re just doing residential development. He asked if someone could explain the City’s ideas or position of not incorporating any sort of commercial development as part of a mixed use property given that this is directly on South Main Street, which is a commercial corridor of sorts. Mr. Lyons replied that it comes down to the nature of development in the area and the number of times this building has had unsuccessful redevelopment efforts to include commercial office space. Plan Commission has seen a number of requests come through for this building that included mixed-use development and each time the numbers ended up not working out and they were unable to move forward. Based on some of that history and what they’ve seen here that didn’t work out, this developer is proposing a different type of project that hopefully can work out in this type of building. Mr. Ford stated that the report mentions this is a pay as you go TID. He asked if someone could someone explain that so everyone knows what that means. Mr. Taves replied that pay as you go means that rather than the City providing assistance to the developer upfront in the form of borrowed cash which the City would then be responsible for Item I: Creation of TID #40 Miles Kimball Redevelopment paying back, pay as you go means that the City will instead collect the taxes and provide the developer access to a portion of those funds. What it basically does is shift the risk from the City to the developer because the City’s exposure will be limited to property taxes actually collected and paid. Mr. Hinz asked if looking at going through to Pioneer will affect this intersection. Mr. Lyons replied that it is part of why they have that placeholder in the project plan for some public infrastructure improvement because the long term the goal is to have 9th Avenue all the way through this area over to Pioneer Drive. Mr. Mitchell stated that the report indicates that the amount provided will be paid off in year 22 and then it continues on and shows the annual revenue. He asked if the revenues shown after year 22 or 23 when the TID closes would be general tax revenue and not something that continues to be collected as part of this TID or other pot of funds that it goes to. Mr. Lyons replied affirmatively, adding that based on this cash flow analysis, the TID would complete its obligations in approximately 2043 and could potentially be closed at that time. Mr. Mitchell asked if the City is able to continue to collect after the TID has closed and use those funds for some of the neighborhood initiatives. Mr. Lyons replied that TID funds can only be used for things identified in the project plan, but there is also one year extension on the closure of the TID for affordable workforce housing initiatives that TID funds can be used for. Mr. Taves added that at the point a TID has collected enough revenue to pay the project cost applications, you are required to close it notwithstanding the one year extension. Another thing to remember is that once you get to a point where you’re within five years of the maximum life of a TID, you’ve reached what’s called the end of the expenditure period. Within the last five years, even if you were to keep it open, at that point you can no longer incur any new project costs. You can only to continue to pay for liabilities already incurred prior to that date. Mr. Mitchell stated that Plan Commission has had a number of conversations about City goals related to accessible housing or the sustainable nature of a development. The City has made it clear that if there aren’t funds being invested, or changes to zoning, or they’re requesting an accommodation of sorts, that there’s not much the City could mandate or impose. He asked if they look at some of these goals during TIF negotiations that have been noted as pretty important items in the community and could potentially be incorporated such as two accessible units or something similar since the City is providing this incentive or this benefit. Mr. Lyons replied that it is something the City could negotiate as part of a development agreement. Those items can be negotiated as Council goes through the development agreement process. Item I: Creation of TID #40 Miles Kimball Redevelopment Mr. Mitchell asked if Council is made aware that they can look at different goals or needs that the City has identified and potentially incorporate those in. Mr. Lyons replied that they are made aware. Mr. Ford added that they are aware of that on Council. They have had those discussions and they will continue to have those discussions. Ms. Propp opened up the public hearing. Mr. Timothy Hess stated that he is representing the team. In response to Mr. Mitchell’s particular question, the City has given them the questions that Plan Commission has been involved with and they are looking to do things to the best of their ability. You’ve got to remember that when they are doing these TIFs, they are doing so because these projects can’t happen but for TIF. They’re in this position of by virtue of the fact that someone is asking for TIF. They already know that financially this is a hardship and this is going to be a tough sell. They have tried to design things as accessible as they could. At the end of the day, this is a very unique position. Lots of people have tried to make this building work and no one has been able to do so. They think they have a chance here if they can get the City to support them and they hope Plan Commission is willing to support the TIF. Mr. Mitchell stated that he appreciated Mr. Hess’ comments. Of all the TIF project he’s seen, he concurs that this one seems to be the most appropriate and in need of that support because the area has such high visibility and it’s been neglected and vacant for so long. He’s really excited about the project and they want to do whatever they can do to support having it done and done well. There were no public comments on this item. Ms. Propp closed the public hearing. Motion by Hinz to approve the Project Plan and recommending the boundaries to the Council and adopting the staff report as the findings. Seconded by Mitchell. Ms. Propp asked if there was any discussion on the motion. There was no discussion on the motion. Motion carried 9-0. 45 35 50 46 24 20 92351 35 50 6151731 4050106 609105 100 91960090092036 43 10041014101251 1009101617 106A 111A111 101 1011212531354135A 253141 9181430344040A 18 20A34A 21A 106 605 607603A 603 601501 901905905A 907A9079291622 17A41A 10171017A60845 500901A605A 800 802 804 806 808 810 812 814 820 822 824 826 828 830 832 834 840 842 844 846 848 850 852 854 860 862 864 866 868 870 872 874 9131019901B 9139151012A607A613 61760544 32 8 43 S MAIN STNEBRASKA STW 9TH AV W 8TH AV W 7TH AV W 6TH AV W 10TH AV E 8TH AV E 9TH AV E 10TH AV PIONEER DR E 7TH AV TID#40 Tax Increment District #40Miles Kimball RedevelopmentDistrict Boundary Legend TID #40 Boundary 0 15075 Feet Date: Thursday, December 3, 2020 ² FoxRiver TID #40 MILES KIMBALL REDEVELOPMENT PC: 01-19-21 25 W NINTH AVE LLC / 31 W 9TH AVE LLC / 901 SOUTH MAIN LLC / GOLLNICK INDUSTRIES INC 907 S MAIN ST OSHKOSH WI 54902 BRIDGEVIEW HOLDINGS LLC 1302 S MAIN ST OSHKOSH WI 54902 GOLLNICK RENTALS INC 905 S MAIN ST OSHKOSH WI 54902 MK1 LLC 905 OREGON ST OSHKOSH WI 54902 REDEVELOPMENT AUTH CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 WOH2 LLC 502 N MAIN ST OSHKOSH WI 54901 S MAIN STS MAIN STW 9TH AVW 9TH AV NEBRASKA STNEBRASKA STW 7TH AVW 7TH AV W 8TH AVW 8TH AV E 8TH AVE 8TH AV E 9TH AVE 9TH AV E 7TH AVE 7TH AV C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/17/2020 1 in = 120 ft 1 in = 0.02 mi¯TID #40 MILES KIMBALL REDEVELOPMENTTID #40 MILES KIMBALL REDEVELOPMENT City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer HI TR-10 I I CMU I I CMU CMU-PD TR-10 RMU-PD-RFO CMU-RFO UMU I-PD-RFO UMU RMU RMU-RFO UMU UMU RMU-PD-RFO I-PD I I-PD I UMU-PD RMU-PD-RFO I UMU-RFO TR-10 I I CMU-PD I I UMU-PD RMU-PD-RFO I CMU I UMU CMU RMU-PD I-RFO UMU CMU-PD-RFO UMU-PD I-PD-RFO RMU-PD CMU-RFO CMU-PD RMU-PD RMU-RFO Oshkosh City LimitOshkosh City LimitOREGON STOREGON STS MAIN STS MAIN STW 9TH AVW 9TH AV CEAPE AVCEAPE AV W SOUTH PARK AVW SOUTH PARK AVJACKSON STJACKSON STW 7TH AVW 7TH AV W 6TH AVW 6TH AV W 8TH AVW 8TH AV PIONEER DRPIONEER DRNEBRASKA STNEBRASKA STW 11TH AVW 11TH AV W 10TH AVW 10TH AV W 12TH AVW 12TH AV W 14TH AVW 14TH AVMINNESOTA STMINNESOTA STOTTER AVOTTER AV BROAD STBROAD STWAUGOO AV WAUGOO AV E 10TH AVE 10TH AVSTA TE STSTATE STE 14TH AVE 14TH AV E 11TH AVE 11TH AV E 7TH AVE 7TH AV E SOUTH PARK AVE SOUTH PARK AV CEAPE AVCEAPE AV BROAD STBROAD STMULTIPLE C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/17/2020 1 in = 500 ft 1 in = 0.09 mi¯TID #40 MILES KIMBALL REDEVELOPMENTTID #40 MILES KIMBALL REDEVELOPMENT City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: minak Prepared by: City of Oshkosh, WI Printing Date: 12/17/2020 1 in = 80 ft 1 in = 0.02 mi¯TID #40 MILES KIMBALL REDEVELOPMENTTID #40 MILES KIMBALL REDEVELOPMENT City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer         City of Oshkosh, Wisconsin Organizational Joint Review Board Meeting Held: Scheduled for January 18, 2021 Public Hearing Held: Scheduled for January 19, 2021 Approval by Plan Commission: Scheduled for January 19, 2021 Adoption by Common Council: Scheduled for February 9, 2021 Approval by the Joint Review Board: TBD January 8, 2021 Project Plan Tax Incremental District No. 40 Miles Kimball Redevelopment   Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 2  Table of Contents Executive Summary.................................................................................................................................. 3 Preliminary Maps of Proposed District Boundary ........................................................................ 6 Maps Showing Existing Uses and Conditions .............................................................................. 10 Preliminary Parcel List and Analysis ................................................................................................. 13 Equalized Value Test .............................................................................................................................. 15 Statement Listing the Kind, Number and Location of All Proposed Public Works or Improvements Within the District .................................................................................................... 16 Maps Showing Proposed Improvements and Uses ..................................................................... 21 Detailed List of Estimated Project Costs ...................................................................................... 24 Economic Feasibility Study, Description of the Methods of Financing Estimated Project Costs and the Time When Related Costs or Monetary Obligations are to be Incurred ....................................................................................................................................................... 25 Annexed Property .................................................................................................................................. 30 Estimate of Property to Be Devoted to Retail Business ......................................................... 30 Proposed Changes of Zoning Ordinances, Master Plan, Map, Building Codes and City Ordinances ................................................................................................................................................ 30 Statement of the Proposed Method for the Relocation of any Persons to be Displaced ......................................................................................................................................................................... 31 How Creation of the Tax Incremental District Promotes the Orderly Development of the City ......................................................................................................................................................... 31 List of Estimated Non-Project Costs ............................................................................................... 32 Legal Opinion Advising Whether the Plan is Complete and Complies with Wis. Stat. § 66.1105(4)(f) ..............................................................................................................................................33 Calculation of the Share of Projected Tax Increments Estimated to be Paid by the Owners of Property in the Overlying Taxing Jurisdictions .....................................................35       Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 3    SECTION 1: Executive Summary Description of District Tax Incremental District (“TID”) No. 40 (“District”) is a proposed 0.83-acre “In Need of Rehabilitation or Conservation” district consisting of tax parcel 03- 01300-200 located at the northwest corner of West 9th Avenue and South Main Street. The District will be created to pay the costs of development incentives needed to facilitate the rehabilitation and conservation of a 24,660 square foot four-story industrial building constructed in 1904 as an addition to the factory operations of the August Streich and Brother wagon factory. The building was later utilized by the Miles Kimball company but has now been vacant and underutilized for over fifteen years. YBR Properties – Miles Kimball LLC (“Developer”) proposes to acquire the property and redevelop the existing structure for use as a 28-unit market rate multi-family building (“Project”). In addition to the incremental property value and housing units that will be created, the Project will serve to rehabilitate a historic structure located at a key intersection within the “Core” subarea of the City’s Sawdust District Redevelopment Plan. Authority The City is creating the District under the provisions of Wis. Stat. § 66.1105. Estimated Total Project Cost Expenditure The City anticipates making total expenditures of approximately $1,834,000 (“Project Costs”) to undertake the projects listed in this Project Plan (“Plan”). Project Costs include an estimated $1,573,000 in development incentives, $100,000 for any required public improvements, $7,000 in interest expense related to projected advances, and $154,000 for District administrative costs related to its creation and ongoing administration. Based on the cash flow projection and assumptions made in this Plan, the $1,573,000 development incentive has a present value of $1,000,000 assuming that the Developer will pay interest at a rate of 4.375% to borrow against the future incentive payments which will be made on a pay as you go basis. The Developer has indicated that they expect to use a portion of the annual payments to secure a loan of approximately $567,000 to pay Project construction costs, with the balance providing additional cash flow for the Project to support financial feasibility. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 4    Incremental Valuation The City projects that net new land and improvements value of approximately $3.48 million will result from the Project. Creation of this additional value will be made possible by the Project Costs made within the District. A table detailing assumptions as to the development timing and associated values is included in the Economic Feasibility Study located within this Plan. Expected Termination of District Based on the Economic Feasibility Study located within Section 9 of this Plan, the City anticipates that the District will generate enough tax increment to pay all Project Costs within 23 of its allowable 27 years, representing 21 years of actual tax increment collection. If public improvements expenditures are not required, the District would close one year sooner. Summary of Findings As required by Wis. Stat. § 66.1105, and as documented in this Plan and the exhibits contained and referenced herein, the following findings are made: 1. That “but for” the creation of this District, the development projected to occur as detailed in this Plan: 1) would not occur; or 2) would not occur in the manner, at the values, or within the timeframe desired by the City. In reaching this determination, the City has considered: a. A review of the Project’s sources and uses, and cash flow proforma. Without tax increment financing (“TIF”) assistance projected cash on cash annual returns are negative through 2034 and average annual returns remain negative through 2042. With TIF assistance average annual cash on cash returns of 10% are achieved by 2042 after which the TIF assistance payments would end. An investor expectation of an average annual cash on cash return of 10% is reasonable for this Project. Based on Ehlers review, provision of pay as you go incentives in the amount requested is necessary to provide an acceptable return on investment for this Developer and indicates that “but for” the incentives, the Project as proposed would not likely proceed. b. That the Project is not eligible to receive Historic Preservation Tax Credits, New Market Tax Credits, or grants through Wisconsin Economic Development Corporation. Aside from the Property Assessed Clean Energy (PACE) program funding the Project has qualified for, lack of access to other financing programs which could be used to offset some or all the Project’s financing gap necessitate the request for TIF assistance. 2. The economic benefits of the District, as measured by increased employment, business and personal income, and property value, are Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 5    sufficient to compensate for the cost of the improvements. In making this determination, the City has considered that in addition to the incremental value expected to be created, the Project will result in rehabilitation and conservation of a blighted historic structure located within a key redevelopment area, creation of market rate multi-family housing to meet market demand, and provision of employment and commercial opportunities related to the construction and operation of the Project. 3. The benefits of the proposal outweigh the anticipated tax increments to be paid by the owners of property in the overlying taxing jurisdictions. As required by Wis. Stat. § 66.1105(4)(i)4., a calculation of the share of projected tax increments estimated to be paid by the owners of property in the overlying taxing jurisdictions has been prepared and can be found in this Plan. However, because the Project would not occur without the use of tax incremental financing, these tax increments would not be paid but for creation of the District. Accordingly, the City finds that the benefits expected to be realized as set forth in this Plan outweigh the value of the tax increments to be invested in the Project. 4. As detailed in Section 4 of this Plan, not less than 50% by area of the real property within the District is in need of rehabilitation or conservation as defined by Wis. Stat. § 66.1337(2m)(a). 5. Based on the foregoing finding, the District is designated as a district in need of rehabilitation or conservation. 6. The Project Costs relate directly to the rehabilitation or conservation of property within the District, consistent with the purpose for which the District is created. 7. Improvements to be made in the District are likely to significantly enhance the value of substantially all of the other real property in the District. 8. The equalized value of taxable property in the District, plus the incremental value of all existing tax incremental districts within the City does not exceed 12% of the total equalized value of taxable property within the City. 9. The City estimates that less than 35% of the territory within the District will be devoted to retail business at the end of the District’s maximum expenditure period, pursuant to Wis. Stat. § 66.1105(5)(b). 10. That there are no parcels to be included within the District that were annexed by the City within the preceding three-year period. 11. The Plan for the District is feasible and is in conformity with the Master Plan of the City. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 6    SECTION 2: Preliminary Maps of Proposed District Boundary Maps Found on Following Pages. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 7    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 8    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 9    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 10    SECTION 3: Maps Showing Existing Uses and Conditions Maps Found on Following Pages. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 11    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 12    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 13    SECTION 4: Preliminary Parcel List and Analysis The District will consist of a single tax parcel: Parcel Number: 03-0130-0000 Address: 8 West 9th Avenue Owner: Bridgeview Holdings LLC Acres: 0.83 Current Value: The improvements located on the parcel are in need of rehabilitation or conservation as defined by Wis. Stat. § 66.1337(2m)(a). Specifically, the Plan includes: 1. Carrying out plans for a program of voluntary repair and rehabilitation of buildings or other improvements. 2. Rehabilitation of buildings and improvements on the property where necessary to eliminate unhealthful, unsanitary or unsafe conditions, eliminate obsolete or other uses detrimental to the public welfare, to otherwise remove or prevent the spread of blight or deterioration. The building improvements located on the parcel, roughly 24,660 square feet of space split evenly over four floors, have significant local historical context as the only remaining portion of the August Streich and Brother wagon factory. The building, according to Oshkosh Public Museum records, was constructed in 1904 as an addition to the factory operations which at the time extended across the entire block from South Main St. to Nebraska St. The site was later purchased by the Miles Kimball Company and became part of their operations until the Oshkosh Redevelopment Authority acquired the site in 2005. Assessed Equalized Land $90,400 $101,643 Improvements $58,100 $65,326 Total $148,500 $166,969 Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 14    Despite its historical significance, the building has substantial obstacles that limits its redevelopment potential. On the second through fourth floors, there is only one window on each of the north and south facing elevations. For apartment use, access and lighting requirements will necessitate the addition of substantial window cuts. The need to substantially change the exterior facade will preclude the use of Historic Preservation Tax Credits as a source of financing. The site is adjacent to the neighboring Opportunity Zone census tract located on the south side of W 9th Avenue, but not in it, nor is it in a census tract that would be eligible for New Market Tax Credits. Grants through the Wisconsin Economic Development Corporation are also unavailable since the scope of the Project is limited to residential redevelopment. This lack of availability of commonly used development incentives has likely contributed to the building’s lack of use or redevelopment over the past 15-plus years. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 15    SECTION 5: Equalized Value Test The following calculations demonstrate that the City expects to be in compliance with Wis. Stat. § 66.1105(4)(gm)4.c., which requires that the equalized value of the taxable property in the proposed District, plus the value increment of all existing tax incremental districts, does not exceed 12% of the total equalized value of taxable property within the City. The equalized value of the increment of existing tax incremental districts within the City, plus the base value of the proposed District, totals $226,582,269. This value is less than the maximum of $535,229,292 in equalized value that is permitted for the City. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 16    SECTION 6: Statement Listing the Kind, Number and Location of All Proposed Public Works or Improvements Within the District Project Costs are any expenditure made, estimated to be made, or monetary obligation incurred or estimated to be incurred as outlined in this Plan. Project Costs will be diminished by any income, special assessments or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received in connection with the implementation of the Plan. If Project Costs incurred benefit territory outside the District, a proportionate share of the cost is not a Project Cost. Costs identified in this Plan are preliminary estimates made prior to design considerations and are subject to change after planning, design and construction is completed. The costs of engineering, design, survey, inspection, materials, construction, restoring property to its original condition, apparatus necessary for public works, legal and other consultant fees, testing, environmental studies, permits, updating City ordinances and plans, judgments or claims for damages and other expenses are included as Project Costs. The following is a list of public works and other tax incremental financing eligible Project Costs that the City expects to make, or may need to make, in conjunction with the implementation of the District’s Plan. The map found in Section 7 of this Plan along with the Detailed List of Project Costs found in Section 8 provide additional information as to the kind, number and location of potential Project Costs. Community Development Cash Grants (Development Incentives) The City may enter into agreements with property owners, lessees, or developers of land located within the District for sharing costs to encourage the desired kind of improvements and assure tax base is generated sufficient to recover Project Costs. No cash grants will be provided until the City executes a developer agreement with the recipient of the cash grant. Any payments of cash grants made by the City are eligible Project Costs. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 17    Utilities Sanitary Sewer System Improvements To allow development to occur, the City may need to construct, alter, rebuild or expand sanitary sewer infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding or expansion of collection mains; manholes and cleanouts; service laterals; force mains; interceptor sewers; pumping stations; lift stations; wastewater treatment facilities; and all related appurtenances. To the extent sanitary sewer projects undertaken within the District provide direct benefit to land outside of the District, the City will make an allocation of costs based on such benefit. Those costs corresponding to the benefit allocated to land within the District, and necessitated by the implementation of the Project Plan, are eligible Project Costs. Implementation of the Project Plan may also require that the City construct, alter, rebuild or expand sanitary sewer infrastructure located outside of the District. That portion of the costs of sanitary sewer system projects undertaken outside the District which are necessitated by the implementation of the Project Plan are eligible Project Costs. The improvements to the wastewater treatment facilities, although not within the ½ mile radius, is an eligible project cost under Wis. Stat. § 66.1105(2)(f)1 k. Water System Improvements To allow development to occur, the City may need to construct, alter, rebuild or expand water system infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding or expansion of distribution mains; manholes and valves; hydrants; service laterals; pumping stations; wells; water treatment facilities; storage tanks and reservoirs; and all related appurtenances. To the extent water system projects undertaken within the District provide direct benefit to land outside of the District, the City will make an allocation of costs based on such benefit. Those costs corresponding to the benefit allocated to land within the District, and necessitated by the implementation of the Project Plan, are eligible Project Costs. Implementation of the Project Plan may also require that the City construct, alter, rebuild or expand water system infrastructure located outside of the District. That portion of the costs of water system projects undertaken outside the District which are necessitated by the implementation of the Project Plan are eligible Project Costs. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 18    Stormwater Management System Improvements Development within the District will cause stormwater runoff. To manage this stormwater runoff, the City may need to construct, alter, rebuild or expand stormwater management infrastructure within the District. Eligible Project Costs include, but are not limited to, construction, alteration, rebuilding or expansion of: stormwater collection mains; inlets, manholes and valves; service laterals; ditches; culvert pipes; box culverts; bridges; stabilization of stream and river banks; and infiltration, filtration and detention Best Management Practices (BMP’s). To the extent stormwater management system projects undertaken within the District provide direct benefit to land outside of the District, the City will make an allocation of costs based on such benefit. Those costs corresponding to the benefit allocated to land within the District, and necessitated by the implementation of the Project Plan, are eligible Project Costs. Implementation of the Project Plan may also require that the City construct, alter, rebuild or expand stormwater management infrastructure located outside of the District. That portion of the costs of stormwater management system projects undertaken outside the District which are necessitated by the implementation of the Project Plan are eligible Project Costs. Electric Service To create sites suitable for development, the City may incur costs to provide, relocate or upgrade electric services. Relocation may require abandonment and removal of existing poles or towers, installation of new poles or towers, or burying of overhead electric lines. Costs incurred by the City to undertake this work are eligible Project Costs. Gas Service To create sites suitable for development, the City may incur costs to provide, relocate or upgrade gas mains and services. Costs incurred by the City to undertake this work are eligible Project Costs. Communications Infrastructure To create sites suitable for development, the City may incur costs to provide, relocate or upgrade infrastructure required for voice and data communications, including, but not limited to telephone lines, cable lines and fiber optic cable. Costs incurred by the City to undertake this work are eligible Project Costs. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 19    Streets and Streetscape Street Improvements To allow development to occur, the City may need to construct or reconstruct streets, highways, alleys, access drives and parking areas. Eligible Project Costs include, but are not limited to: excavation; removal or placement of fill; construction of road base; asphalt or concrete paving or repaving; installation of curb and gutter; installation of sidewalks and bicycle lanes; installation of culverts, box culverts and bridges; rail crossings and signals; utility relocation, to include burying overhead utility lines; street lighting; installation of traffic control signage and traffic signals; pavement marking; right-of-way restoration; installation of retaining walls; and installation of fences, berms, and landscaping. Streetscaping and Landscaping To attract development consistent with the objectives of this Plan, the City may install amenities to enhance development sites, rights-of-way and other public spaces. These amenities include but are not limited to landscaping; lighting of streets, sidewalks, parking areas and public areas; installation of planters, benches, clocks, tree rings, trash receptacles and similar items; and installation of brick or other decorative walks, terraces and street crossings. These and any other similar amenities installed by the City are eligible Project Costs. Miscellaneous Projects Outside the Tax Increment District Pursuant to Wis. Stat. § 66.1105(2)(f)1.n, the City may undertake projects within territory located within one-half mile of the boundary of the District provided that: 1) the project area is located within the City’s corporate boundaries; and 2) the projects are approved by the Joint Review Board. The cost of projects completed outside the District pursuant to this section are eligible project costs and may include any project cost that would otherwise be eligible if undertaken within the District. The City intends to install public improvements as needed to support the Project. These public improvements may need to be made within the rights-of-way adjoining the District, or in other areas near the District’s boundaries. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 20    Professional Service and Organizational Costs The costs of professional services rendered, and other costs incurred, in relation to the creation, administration and termination of the District, and the undertaking of the projects contained within this Plan, are eligible Project Costs. Professional services include but are not limited to architectural; environmental; planning; engineering; legal; audit; financial; and the costs of informing the public with respect to the creation of the District and the implementation of the Plan. Administrative Costs The City may charge to the District as eligible Project Costs reasonable allocations of administrative costs, including, but not limited to, employee salaries. Costs allocated will bear a direct connection to the time spent by City employees relating to the implementation of the Plan. Financing Costs Interest expense, debt issuance expenses, redemption premiums, and any other fees and costs incurred in conjunction with obtaining financing for projects undertaken under this Plan are eligible Project Costs. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 21    SECTION 7: Maps Showing Proposed Improvements and Uses Maps Found on Following Pages. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 22    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 23    Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 24    SECTION 8: Detailed List of Estimated Project Costs The following list identifies the Project Costs that the City currently expects to incur in implementing the District’s Plan. All projects identified and related costs reflect the best estimates available as of the date of preparation of this Plan. All costs are preliminary estimates and may increase or decrease. Certain Project Costs listed may become unnecessary, and other Project Costs not currently identified may need to be made. (Section 6 details the general categories of eligible Project Costs). Changes in Project Cost totals or the types of Project Costs to be incurred will not require that this Plan be amended. This Plan is not meant to be a budget nor an appropriation of funds for specific Project Costs, but a framework within which to manage Project Costs. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 25    SECTION 9: Economic Feasibility Study, Description of the Methods of Financing Estimated Project Costs and the Time When Related Costs or Monetary Obligations are to be Incurred This Section includes a forecast of the valuation increases expected within the District, the associated tax increment collections, a summary of how Project Costs would be financed, and a projected cash flow demonstrating that the District is economically feasible. Key Assumptions The Project Costs the City plans to make are expected to create $3.48 million in incremental value by January 1, 2022. Estimated valuations and timing for construction of the Project are included in Table 1. Assuming a projected equalized TID Interim tax rate of $25.32 for the 2023 budget year, and a rate of $25.44 for the 2024 budget year, and no economic appreciation or depreciation, the Project would generate $2,388,573 in incremental tax revenue over the 27-year term of the District as shown in Table 2. The projected tax rates used for this Plan are intended to reflect the anticipated impacts of the recently approved Oshkosh Area School District capital facilities referendum. The current TID interim tax rate for the 2021 budget year is $24.60 per thousand of equalized value. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 26    Table 1 – Development Assumptions Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 27    Table 2 – Tax Increment Projection Worksheet Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 28    Financing and Implementation The City anticipates making total expenditures of approximately $1,834,000 including an estimated $1,573,000 in development incentives, $100,000 for any required public improvements, $7,000 in interest expense related to projected advances, and $154,000 for District administrative costs related to its creation and ongoing administration. Based on the cash flow projection and assumptions made in this Plan, the $1,573,000 development incentive has a present value of $1,000,000 assuming that the Developer will pay interest at a rate of 4.375% to borrow against the future incentive payments which will be made on a pay as you go basis. The Developer has indicated that they expect to use a portion of the annual payments to secure a loan of approximately $567,000 to pay Project construction costs, with the balance providing additional cash flow for the Project to support financial feasibility. The potential incentive amount is based on Developer’s assistance request. To the extent development incentives are provided, the amounts, timing of and related conditions will be determined based on the City’s review and confirmation of a demonstrated financing gap and may therefore vary from the assumptions used in the Plan for purposes of assessing economic feasibility. Development incentive payments will be paid from tax increments as they are collected on a “pay as you go” basis. Administrative expenses will be paid from tax increments collected, or from advances from other funds to the extent those costs exceed cash amounts available. The City will recover any amounts advanced to the District as cash flows permit. Based on the cash flow exhibit (Table 3), the City anticipates that the District will generate enough tax increment to pay all Project Costs by the year 2043, reflecting 21 years of tax increment collections, and 23 years of total elapsed time. If necessary, the District would be permitted to remain open for up to 29 years, allowing for up to a total of 27 years of tax increment collection. The projected closure is based on the various assumptions noted in this Plan and will vary dependent on actual Project Costs incurred and the actual amount of tax increments collected. If public improvements expenditures are not required, the District would close one year sooner.  Tax Incremental District No. 40 Project Plan  City of Oshkosh Prepared by Ehlers  Page | 29  Table 3 – Cash Flow   Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 30  SECTION 10: Annexed Property A tax incremental district cannot include annexed territory unless at least three years have elapsed since the annexation, or certain other requirements are met. None of the property within the proposed District boundary was annexed during the past three years. SECTION 11: Estimate of Property to Be Devoted to Retail Business Pursuant to Wis. Stat. § 66.1105(5)(b), the City estimates that less than 35% of the territory within the District will be devoted to retail business at the end of the District’s maximum expenditure period. SECTION 12: Proposed Changes of Zoning Ordinances, Master Plan, Map, Building Codes and City Ordinances Zoning Ordinances Current zoning is Central Mixed Use with a Planned Development overlay (CMU-PD). The proposed Plan is in general conformance with the City’s current zoning ordinances. Master (Comprehensive) Plan and Map The proposed Plan is in general conformance with the City’s Comprehensive Plan identifying the area as appropriate for mixed use development. Building Codes and Ordinances Development within the District will be required to conform to State Building Codes and will be subject to the City's permitting and inspection procedures. The proposed Plan conforms to all relevant State and local ordinances, plans, and codes. No changes to the existing regulations are proposed or needed. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 31    SECTION 13: Statement of the Proposed Method for the Relocation of any Persons to be Displaced Should implementation of this Plan require relocation of individuals or business operations, relocations will be handled in compliance with Wis. Stat. Chapter 32 and Wis. Admin. Code ADM 92. SECTION 14: How Creation of the Tax Incremental District Promotes the Orderly Development of the City Creation of the District and the implementation of the projects in its Plan will promote the orderly development of the City by rehabilitating and conserving property and providing appropriate financial incentives for private development projects. Through use of tax increment financing, the City can attract new investment that results in increased tax base. Development will occur in an orderly fashion in accordance with approved plans so that the Projects will be compatible with adjacent land uses. Development of new uses in the District will add to the tax base and will generate positive secondary impacts in the community such as rehabilitation and conservation of a blighted historic structure located within a key redevelopment area, creation of market rate multi-family housing to meet market demand, and provision of employment and commercial opportunities related to the construction and operation of the Project. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 32    SECTION 15: List of Estimated Non-Project Costs Non-project costs are public works projects which only partly benefit the District. Costs incurred that do not benefit the District may not be paid with tax increments. Examples of non-project costs are:  A public improvement made within the District that also benefits property outside the District. That portion of the total Project Costs allocable to properties outside of the District would be a non-project cost.  A public improvement made outside the District that only partially benefits property within the District. That portion of the total Project Costs allocable to properties outside of the District would be a non- project cost.  Projects undertaken within the District as part of the implementation of this Project Plan, the costs of which are paid fully or in part by impact fees, grants, special assessments, or revenues other than tax increments. No improvements to be made within the District will benefit property outside the District. Furthermore, there will be no improvements made outside the District that will only partially benefit the District. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 33    SECTION 16: Legal Opinion Advising Whether the Plan is Complete and Complies with Wis. Stat. § 66.1105(4)(f) Legal Opinion Found on Following Page. Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 34    Insert Legal Opinion SAMPLE Mayor City of Oshkosh 215 Church Ave Oshkosh, Wisconsin 54903 RE: Project Plan for Tax Incremental District No. 40 Dear Mayor: Wisconsin Statute 66.1105(4)(f) requires that a project plan for a tax incremental financing district include an opinion provided by the City Attorney advising as to whether the plan is complete and complies with Wisconsin Statute 66.1105. As City Attorney for the City of Oshkosh, I have been asked to review the above-referenced project plan for compliance with the applicable statutory requirements. Based upon my review, in my opinion, the Project Plan for the City of Oshkosh Tax Incremental District No. 40 is complete and complies with the provisions of Wisconsin Statute 66.1105. Sincerely, City Attorney Tax Incremental District No. 40 Project Plan  City of Oshkosh  Prepared by Ehlers  Page | 35    SECTION 17: Calculation of the Share of Projected Tax Increments Estimated to be Paid by the Owners of Property in the Overlying Taxing Jurisdictions The following projection is provided to meet the requirements of Wis. Stat. § 66.1105(4)(i)4. November 7, 2020 Mr. Mark Rohloff Oshkosh City Manager 215 Church Ave Oshkosh, WI 54901 Dear Mr Rohloff, Please accept this request for tax increment assistance for the Miles Kimball Redevelopment project in the City of Oshkosh. As you are aware, our project will occur on the North-west corner of the intersection of W 9th Ave and S Main St. The old Miles Kimball building sits on a 0.83 acre lot. The building is roughly 24,660 sf spread out evenly over 4 floors. Our understanding is that its primary use was light industrial while it was occupied. Our intent is to turn the building into a multi-family apartment building. The interior of the building is constructed throughout with heavy timbers with extremely tall ceilings. As such we anticipate creating modern apartment units that have an industrial feel and expect that the end user will appreciate the unique features and high-end amenities and be willing to pay rents at the high end of the Oshkosh market. We anticipate the young professional or empty nester. As these units will be limited to only one or two bedroom and be limited in terms of square footage, we are not anticipating that these units will appeal to families with kids, though all will be welcome. Our goal would be to finish all planning and obtain necessary approvals by the beginning of 2021 with an approximate 8 month build schedule. This would have us opening and leasing up units by September or October of next year. Again, the fact this this building has sat vacant for a long period of time provides support to the claim that making a project financially viable with this building and site is not an easy task. The attached investment analysis prepared by Invista Analytics shows that this project would not be viable with the support of Tax Increment Financing. With TIF, we intend to provide over $700,000 into the project. Without TIF, we would need to bring in over $1.28 million to make the project work. With TIF the project achieves modest positive cash flow resulting in a 10-year Internal Rate of Return of 4.01%. Without TIF, over the first 10 years the project would be projected to take a $109,000 loss and end up with a 10 year IRR of -4.68%. In order to achieve the above rate of return with TIF assistance, we are requesting a $1 million pay-go note from the city. We anticipate the final value of the project to be $3.5 million. The parcel is presently assessed at $148,500 so that the total increment generated will pay off the $1 million note with just under 20 years of pay back. The existing building, one might argue, is an eye-sore for the city. Moreover, the rotting wood makes the present security of the building sketchy at best and thus proposes a safety risk. Our hope would be to substantially improve the appearance of this building and eliminate the blight. Moreover, our hope would be that this project might help serve as a catalyst for further development within the newly designated sawdust district. Ultimately this project is being developed and owned by a new limited liability company called YBR Properties – Miles Kimball LLC with seven shares. We, Brett and Molly, will be leading the venture and will possess two shares. While we admit to limited development experience, we feel like we have assembled a well-rounded team to help and guide us through the process. Our primary advisors include Kip Golden with our contractor CR Structures and Grant Fisk. Wesenberg Architects and Invista Analytics are assisting us with project design and project feasibility analysis, respectively. Overall, we estimate that this project will require just under $4.75 million of investment to complete. Again, we anticipate that the investment team will contribute 15% while we seek roughly 59% in permanent financing, 14% in PACE financing, and roughly 12% through the monetization of a portion of the pay-go TIF note. As noted previously, in the absence of TIF support, this project requires a $1.28 million investment yet results in a roughly $109 K loss over the first ten years. We simply cannot imagine anyone being interested in investing in this sort of project with these returns and assure you that we absolutely would not do it ourselves. It is our belief that this project absolutely would not happen without TIF assistance. We greatly appreciate the support and assistance your staff has provided in helping us understand the process for requesting TIF assistance. It is our strong belief that if the city is willing to partner with us on this project that we can turn this blighted site into a vibrant and unique property in the center of the new Sawdust District. Please feel free to contact us with any questions you may have. Sincerely, _________________________ ___________________________ Brett Hildebrandt Molly Hildebrandt YBR Properties – Miles Kimball LLC 327 Randolf Drive Appleton, WI 54913 City Oshkosh Financing Policy and Application 8 Please complete and submit the following information to the City of Oshkosh for a more detailed review of the feasibility of your request for Tax Incremental Financing (TIF) assistance. The application is comprised of five parts: 1. Applicant Information 2. Project/Property Information 3. Project Narrative 4. Project Budget/Financial Information 5. Buyer Certification and Acknowledgement. Where there is not enough space for your response or additional information is requested, please use an attachment. Use attachments only when necessary and to provide clarifying or additional information. The Department of Community Development (DCD) reviews all applications for TIF assistance. Failure to provide all required information in a complete and accurate manner could delay processing of your application and DCD reserves the right to reject or halt processing the application for incomplete submittals. For further information please refer to the "City of Oshkosh Tax Incremental Financing Policy" document or call the Economic Development Division at 920.235.5055 LegaI Name: Mailing Address: Primary Contact #: Cell #: E-mail: FAX#: Attorney: Legal Entity: Individual(s) Joint Tenants Tenants in Common Corporation LLC Partnership Other If not a Wisconsin corporation/partnership/LLC, state where organized: Will a new entity be created for ownership? Yes No Principals of existing or proposed corporation/partnership/LLC and extent of ownership interest. Name: Address: Title: Interest: Is any owner, member, stockholder, partner, officer or director of any previously identified entities, or any member of the immediate family of any such person, an employee of the City of Oshkosh? Yes No If yes, give the name and relationship of the employee: Have any of the applicants (including the principals of the corporation/partnership/LLC) ever been charged or convicted of a misdemeanor or felony? Yes No If yes, please furnish details: YBR Properties - Miles Kimball LLC 327 Randolph Dr. Appleton, WI 54913 X 920 733-7305 brett.hildebrandt23@gmail.com urbanmolly@gmail.com X Brett Hildebrandt Molly Hildebrandt 910 W New York Ave, Oshkosh WI 54901 910 W New York Ave, Oshkosh WI 54901 member member 28.6% w/ Molly 28.6% w/ Brett X X City Oshkosh Financing Policy and Application 9 Overall Project Summary and Objectives: Current and Proposed Uses: Description of End Users: Describe any zoning changes that will be needed: Identify any other approvals, permits or licenses (i.e. Liquor License, Health Department, etc): Describe briefly what the project will do for the property and neighborhood: Property Summary: Parcel/Land Area: SF Building Area: SF # of Dwelling Units: # of Stories: # of Parking Spaces: *Please attach additional pages if necessary The development team is looking to redevelop the Miles Kimball building located on the north-west corner of W 9th Ave and S Main St into approximately 28 appartment units. Currently the existing building is vacant but previously had a light industrial use. We propose a multi-family residential use. We anticipate residential users looking for a high-end, trendy living environment. The premium rental rates charged will be targeting the upper end of the residential market similar to the Beach Building apartments. The present zoning is Urban Mixed Use thus a change of zoning is not required. However the parcel is within a planned development overlay and thus must be approved by common council. 36,315 24,660 28 4 45 + 2 HC This parcel has sat vacant, boarded up, and unused for the past 15+ years. Redeveloping this parcel will remove blight and increase safety for this parcel. As part of the Sawdust district, the hope is that this project will be one component that might serve as a catylist for further development efforts in the area and promote the vision of an eclectic mix of business, entertainment, and residential uses throughout the district. City Oshkosh Financing Policy and Application 10 Project Timetable Date Final Plan/Specification Preparation: Bidding and Contracting Firm Financing Approval: Construction/Rehabilitation: Landscaping/Site Work: Occupancy/Lease Up: Development Team Developer: Architect: Surveyor: Contractor: Other Members: Describe Team expertise and experience in developing similar projects: Other current Team projects in development: Financial ability of the applicant to complete the project: History of use of other city or government financial incentives: Professional Studies Applications for commercial and residential projects may at the option of the city be required to include a comprehensive market study. The study should identify target markets, of competition, demographics, market rents, letters of intent/interest from prospective tenants, or for housing developments, prices or rental rates of comparable Appraisal: projects that the transfer of land may at the option of the city include a recent appraisal. Projects that include land as a form of equity or collateral must also submit a recent appraisal. The appraisal must value the property and the impact on value must be considered for such items as demolition, environmental remediation, relocati on of utilities, lease buy-outs, and other work make the site developable. The must be valued assuming that the highest and best use is the proposed use. Ongoing Ongoing - Completed by Jan 1, 2021 Jan 15, 2021 Jan 15, 2021 - Sep 2021 Jul - Sep 2021 Sep - Oct 2021 Brett and Molly Hildebrant Wesenberg Architects CR Structures projects in Oshkosh and North-east Wisconsin. The team plans to secure external funding through a traditional loan on the project as well as utilize PACE financing and monitize of a portion of the pay-go TIF note. The team also intends to bring 15% cash, or over $716K, to complete the project. This is the first time this team has come together, however both Wesenberg Architects and CR Structures have similar They are leaning substantially on the experience and guidance from the CR Structures team. While Brett and Molly have experience owning and leasing residential properties, this is their first multi-family redevelopment project. Similar to above, this is the first time this overall team has combined, however both Wesenberg Architects and CR Structures have substantial experience with government incentives. In fact both have completed other TIF projects in Oshkosh in the past couple of years. City Oshkosh Financing Policy and Application 11 Sources and Uses of Funds Identify the sources of funds used to finance the project. Typical sources include equity, lender financing, mezzanine financing, government financing, other anticipated types of public assistance, and any other types or methods of financing. Uses of Funds Amount ($) $ per SF of Building Area Land Acquisition: Demolition: Environmental Remediation: Site Clearance and Preparation: Soft Costs/ Fees: Soft Cost Contingency: Hard Construction Costs: Total Project Costs: Sources of Funds % of total project costs Equity Developer Equity: $ % Other Equity:( ) $ % Total Equity: $ % Loans Rate Term Construction Financing: $ % mos. % Permanent Financing: $ % yrs. % TIF Assistance $ % Other: ( )$ % Total Sources of Funds $ 100% Financing Source Amount Terms: Years/Interest Contact Information Equity: Loans 1: 2: 3: 4: Project Budget/Financial Information: $334,750 $13.57 0 0 0 $361,657 $14.67 $3,975,000 $161.19 $4,749,407 $192.59 716,034 15 716,034 15 2,809,107 5.25 360 59 567,266 12 PACE 657,000 14 4,749,407 $716,034 to be raised through the sale of 7 shares of stock TIF Monetization TBD PACE 20 yrs @ 6% Greenworks Lending Construction/Permanent 30yrs @ 5.25% John Hill - Business Lending Group City Oshkosh Financing Policy and Application 12 Detailed Pro Forma (must correspond to line items for Uses of Funds on previous page) Land Acquisition $ Demolition $ Site Clearance and Preparation Infrastructure $ Utilities/removal $ Utilities/relocation $ Utilities/installation $ Hazardous Materials Removal $ Other( ) $ Total Site Clearance and Preparation Soft Costs/Fees Project Management ( %) $ General Contractor ( %) $ Architect/Engineer ( %) $ Developer Fee ( %) $ Appraisal $ Soil Testing $ Market Study $ Legal/Accounting $ Insurance $ Title/Recording/Transfer $ Building Permit $ Mortgage Fees $ Construction Interest $ Commissions $ Marketing $ Real Estate Taxes $ Other Taxes $ Other ( ) $ Other ( ) $ Sub-total Soft Costs/Fees $ Soft Cost Contingency $ See page 4 on Miles Kimball Redevelopment Market Study and Investment Analysis report dated 28 October 2020 Prepared by Invista Analytics City Oshkosh Financing Policy and Application 17 Filing Notes, and Agreement: Filing Requirements You must provide all of the items with your signed application: 1. An application fee of of the requested TIF assistance or whichever is greater. This fee is to cover City costs associated with the TIF application and does not cover the use of outside consultants, which if required be paid for by the applicant. Make your check payable to the City of osh. 2.Site Maps: Provide a map that shows the location of the site. Also provide a map that on the project and its immediate surroundings. Both maps should be no larger inches. Larger maps be required for projects presented to the Commission, Redevelopment Authority, or Common Council. 3. Renderings: Provide preliminary architectural drawings, plans and renderings for the project. These drawings should be no larger than inches. Larger maps be required for projects presented to the Commission, Redevelopment Authority, or Common Council. The City retains an administrative fee of of the annual tax increment If the project requires planning and zoning approvals, you must make these applications concurrent with this Agreement I, by signing this application, agree to the following: 1. I have read and abide by all the requirements of the City for Tax Incremental Financing. 2.The information submitted is 3.I agree to pay all costs involved in developing Project Plan or Development Agreement. costs may include, but not be limited to, bond counsel, outside assistance, outside financial assistance, planning, engineering, etc. and all costs in issuance of the bonds or loans to finance the 4.I understand that the City the right to deny approval, regardless of preliminary approval or degree of construction completed before application for final approval. 5.The undersigned authorizes the City of Oshkosh to check credit references and financial and other inf 6.The undersigned also agrees to provide any additional information as may be requested by the City after of io 11/9/20 MILES KIMBALL INVESTMENT ANALYSIS | 1 MILES KIMBALL REDEVELOPMENT MARKET STUDY and INVESTMENT ANALYSIS REPORT October 28, 2020 Prepared Exclusively For: Brett Hildebrandt and Molly Urban YBR Properties - Miles Kimball, LLC Prepared By: Timothy M Hess, PhD Invista Analytics, LLC member of 2 | INVISTA-ANALYTICS.COM CONTENTS: Introduction / Objective .........................................................................1 Market Study .........................................................................................2 Methods and Data............................................................................. 2 Results .............................................................................................. 3 Overall Investment Analysis ................................................................3 Budget and Funding ........................................................................3 TIF Payment Schedule...................................................................... 4 Operational Proforma ....................................................................6 Return On Investment ..................................................................... 9 MILES KIMBALL INVESTMENT ANALYSIS | 1 INTRODUCTION / OBJECTIVE Invista Analytics, LLC (IA) has been engaged to conduct a limited market study and investment analysis for the proposed Miles Kimball building redevelopment located at 8 W 9th Avenue in Oshkosh, WI. The development team is proposing to turn the existing building into 28 high-end apartment units in the Oshkosh Sawdust district. The site, located on parcel 0301300000, is approximately 0.83 acres, and comprises roughly one-third of the eastern portion of the block that bordered by W 9th and W 8th Avenues to the south and north, and Nebraska and South Main streets to the west and east. A four-story light industrial building sits on the far eastern edge of the site along south main st. The building has roughly 24,660 square feet of space that is split evenly over the four floors. The building has significant local historical context as the only remaining portion of the August Streich and Brother wagon factory. According to Oshkosh public museum records, this building was constructed in 1904 as an addition to the factory operations which at the time extended the entire block from south main to Nebraska St. The site was later purchased by the Miles Kimball company and became part of their operations until the Oshkosh Redevelopment Au- thority acquired the site between 1997 and 2005. Despite its hirtorical significance, the building has substantial obsticles that limits its redevel- opment potential. On the second through fourth floors, there is only one window on each the north and south facing elevations. From a historic preservation standpoint, one would not be permitted to substantially change the exterior facade and still qualify for Historic Preservation Tax Credits. For an apartment use, however, access and lighting requirements necessitates the addition of substantial window cuts. The site is adjacent to the neighboring Opportunity Zone census tract located on the south side of W 9th Avenue, but not in it, nor is it in a census tract that would be eligible for New Market Tax Credits. This lack of availablity of commonly used development incentives has likely con- tributed to the building’s lack of use or redevelopment over the past 15-plus years. The current development team has made a preliminary determination that the proposed apart- ment use might be financially feasible, but only with the assistance of Tax Increment Financing (TIF) through the City of Oshkosh. City of Oshkosh staff have been receptive to the potential use of TIF and a preliminary presentation was made to the Oshkosh Common Council on August 25, 2020. Given this ask for financial assistance, Invista Analytics has conducted an abreviated market study to determine the likely income and expenses to be generated by the proposed project. We have document the anticipated costs of the project and potential increment generated. Finally, return on investment metrics were calculated on the ‘with TIF’ and ‘without TIF’ invest- ment scenarios to help illuminate the need for the use of TIF and the ‘but-for’ statutory determi- nation. Figure 1 - Overhead view of site (left) and photograph of the east and north elevations of the existing building (right). 2 | INVISTA-ANALYTICS.COM MARKET STUDY SUMMARY To determine the likely potential income to be generated by the proposed apartment facility we employed a bayesian logistic regression analysis on the vacancy rates incorporating facility age, unit size, and amenities into the model. The idea of this approach is to utilize the vacan- cy as the market response and then back transform the predicted vacancy given the subject amenities to find an optimal rent. Methods and Data To conduct the analysis Invista Analytics first acquired the apartment unit data from CoStar, the leader in commercial real estate data. The data set included records of rental listings and vacancy rates in the greater Oshkosh area for the past year (Sep 2019 - Aug 2020) including single-family structures on up to multifamily units. Individual units ranged from studio on up to 4+ bedroom units. However the analysis focused on single and two bedroom units given this is what is being proposed in the subject property. An additional data set was analyzed from rentometer.com and used as a validation to the CoStar data. Though this dataset is limited and does not include individual unit sizes and amenities, however, it is available publically on- line. Summaries of rental rates for the entire Oshkosh market are provided for 1, 2, and 3 bedroom units in the table above. The median rent for a 1 and 2 bedroom units are $576 and $711 per month respectively.Note both of these values are less than the 2020 affordable rents of $616 and $787 per month respectively as set by the U.S. Department of Housing and Urban De- velopment for the Oshkosh - Neenah Metropolitan Statistical Area¹. The median size of 1 and 2 bedroom units were 691 and 945 square feet respectively. This led to a typical rent of 83.4 cents and 75.2 cents per square foot per month respectively. A comparable subset was selected from the CoStar data set such that the apartment units must belong to a building or complex that had at least 8 units, fell within 0.75 miles of the subject property, and had rents that were in the upper 25th percentile of the complete Oshkosh data set. Figure 2 depicts a map and listing of the resultant properties that met these criteria. Notably, the resultant units were all on the north side of the river and several of them serve the University of Wisconsin - Oshkosh market given the proximity to campus. Figure 2 - Concentric 10 mile radius rings around existing Mineshaft location and proposed location in Aviation Plaza. 44.010 44.015 44.020 44.025 −88.550 −88.545 −88.540 −88.535 −88.530lonlat123 4 5 6 7 8 9 10 11 Comparable Apartment Complexes 1 The Beach Building 240 Algoma Blvd 2 Fox Point Apartments 210 Dawes 3 Concord Place Apartments 151 Dawes St 4 Morgan Crossing 495 Pearl Ave 5 Radford Apartments 500 Marian Rd 6 The Rivers 475 Marian Rd 7 The Rivers II 455 Marion Rd 8 The Anthem 431 Marion Rd 9 Washington Building 105 Washington Ave 10 100 N Main 100 N Main St 11 Miles Kimball 861 S Main St Rentometer CoStar Unit Type Median Rent Median Rent Sq Ft Rent/Sq Ft 1 Bedroom 585 576 691 0.834 2 Bedroom 716 711 945 0.752 3 Bedroom 838 838 1,087 0.771 Rental Rates - All of Oshkosh 1. https://files.hudexchange.info/reports/published/HOME_RentLimits_State_WI_2020.pdf Accessed 15 October, 2020 MILES KIMBALL INVESTMENT ANALYSIS | 3 Results The bayesian prediction algorythm suggested that with 577 square foot one bedroom units and 837 square foot two-bedroom units, the optimal rents should be $897 and $1,191 per month respectively. This assumes that the tenants will be responsible for electric and that water, gas, and high-speed internet will be provided as well as surface parking. This also assumes that the final product will offer a unique, high-end feel in order to warrent these rates. The median rents of the comparable, upper-end units was $756 and $1,000 respecively for one and two-bedroom units. With median sizes of 657 and 927 square feet this results in a typical cost per square foot per month of $1.15 and $1.08 respecively. Our proposed rents for the subject units result in a rent per square foot per month of $1.56 and $1.42 for the one and two-bedroom units. These proposed rates are both nearly twice the typical rate in the entire Oshkosh market. Clearly these values are at the top of the Oshkosh market for the location and amenities provided. OVERALL INVESTMENT ANALYSIS Budget and Funding We first consider the detailed budget and sources of income. The table on the next page lists all expected expenses. A preliminary budget for the cost to construct the units for the contrac- tor CR Structures is $3.9 million. The developer has a contract to acquire the property from the present owner for $334 thousand while soft costs total approximately $362 thousand. The total development costs identified is roughly $4.75 million. On the funding side, the development team is looking to secure a $2.8 million loan with a 30- year amortization. Business Lending Group, of Appleton has provided a preliminary committ- ment subject to appraisal and underwriting constraints. The development team is planning to secure additional funding through the Property Assessed Clean Energy (PACE) program. The team anticipates $657,000 in capital proceeds to be available through this mechanism. Figure 3 - Comparison of rental rate per square foot for all of Oshkosh, Comparable Subset and proposed project for one and two bedroom units. 0.0 0.5 1.0 1.5 0.834 1.151 1.56 0.752 1.079 1.422 1 Bedroom 2 BedroomMonthly Rent / Sq Ft ($)All Oshkosh Comparable Proposed All Oshkosh Comparable Proposed Median vs Proposed Rent per Sq Ft Upper-End Comparable Rental Rates - Oshkosh Unit Type Median Sq Ft Cost/Sq Ft 1 Bedroom 756 657 1.151 2 Bedroom 1,000 927 1.079 Proposed Unit Rents Unit Type Rent Sq Ft Cost/Sq Ft 1 Bedroom 900 577 1.560 2 Bedroom 1,190 837 1.422 4 | INVISTA-ANALYTICS.COM The development team is looking to secure a $1 million pay-go TIF note as a development incentive from the city, but anticipates monetizing roughly $567,000 of it for up-front capital. Fi- nally, the development team anticipates bringing in $716,034 in cash through the sale of seven shares of stock. This will result in the ownership team bringing just over 15% of equity into the project. The $1 million TIF note will represent roughly 21% of the overall development costs. Both of these benchmarks meet the City of Oshkosh TIF policy for equity and TIF contribution percentages. TIF Payment Schedule Using a 6.5% cappitalization rate we anticipate that the completed project will be valued at $3.5 million. We assume that the project will be completed by late fall of 2021 and that the new valuation will be assigned as of January 2022. The first tax payments on the newly assessed value will be due in 2023. The pay-go increment payments would then begin to be paid to the developer in November of that year. Using 90% of the available increment for the development incentive and a 4.5% interest rate, it appears that the $1 million note would be satisfied after 20 years of payback (See table on following page). Amount Notes Acquisition & Site Prep Building / Land Acquisition 334,750 Subtotal $334,750 Soft Costs/Fees Developer Fee (4%)156,000 Appraisal 3,500 A&E 105,300 Insurance In CR Strutures Bid Building Permit In CR Strutures Bid Finance Fees 8,325 Business Lending Group PACE Finance Fee 8,563 PACE Energy Consultant 5,500 Construction Interest 36,870 8 Mo Build - loan @ 5.25% for 6 mo Marketing 4,000 Real Estate Taxes 3,600 Jan-20 Legal & Professional Sevices 20,000 TIF Application Fee 10,000 Contingency Subtotal $361,657 Hard Costs Apartments 3,900,000 $150 / sf Amenities 75,000 Construction Contingency (2%)78,000 Subtotal $4,053,000 Total Project Costs $4,749,407 Permanent Financing 2,809,107 Pace Financing 657,000 TIF Monetization 567,266 Developer Cash 716,034 (cash from developers) Total Source of Funds 4,749,407 Detailed Project Budget Source of Funding MILES KIMBALL INVESTMENT ANALYSIS | 5TIF Base Value of Site148,500$ Completed Project Value3,500,000$ Interest Rate on Loan4.50%Original Loan Principal1,000,000$ PaybackValuation TID InterimProjectPaymentBegining PAYGOAcruedLessEndingYear YearProject IncrementRate/$1000Tax ProceedsTax EntitiesIncrementCity FeeAvail IncremDateBalanceInterestPaymentsBalance1-Nov1,000,000 12022 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2023 1,000,000 92,025 (82,199) 1,009,826 22023 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2024 1,009,826 45,442 (82,199) 973,070 32024 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2025973,070 43,788 (82,199) 934,660 42025 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2026934,660 42,060 (82,199) 894,521 52026 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2027894,521 40,253 (82,199) 852,576 62027 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2028852,576 38,366 (82,199) 808,743 72028 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2029808,743 36,393 (82,199) 762,938 82029 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2030762,938 34,332 (82,199) 715,072 92030 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2031715,072 32,178 (82,199) 665,051 10 2031 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2032665,051 29,927 (82,199) 612,780 11 2032 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2033612,780 27,575 (82,199) 558,157 12 2033 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2034558,157 25,117 (82,199) 501,075 13 2034 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2035501,075 22,548 (82,199) 441,425 14 2035 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2036441,425 19,864 (82,199) 379,090 15 2036 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2037379,090 17,059 (82,199) 313,951 16 2037 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2038313,951 14,128 (82,199) 245,880 17 2038 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2039245,880 11,065 (82,199) 174,746 18 2039 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2040174,746 7,864 (82,199) 100,411 19 2040 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 2041100,411 4,519 (82,199) 22,731 20 2041 3,500,000 148,500 27.251 95,379 4,047 91,332 9,133 82,199 203322,731 1,023 (23,754) - Value of Tax Proceeds AllocationMiles Kimball TIF Assumptions 6 | INVISTA-ANALYTICS.COM Operational Proforma The operational proforma, both with and without TIF assistance, can be found on the following two pages. The following assumtions were used to generate these: Estimated expenses were arrived by taking averages over the available estimates from the comparable unit cohort. It is anticipated that the proposed development can be run with com- parable efficiencies. Pfefferle Management has proposed an initial fee of 4% of gross profit to provide management services. In the ‘with TIF’ scenario, the project effectively breaks even for the first five years then starts to attain positive cash flow up to $46,652 by the end of the tenth year of operations. The re- sults of the ‘without TIF’ scenario are much more bleak. Given the delay of real estate taxes in the first year of operations, the project effectively breaks even for the first two years. However between the years 3 through 8, the total loss in the project surpasses $122,000. By year 9 the project agains starts to see positive cash flow. • Residential rent will begin at $900 per month for one-bedroom units of which there will be 8, and $1,190 per month for two-bedroom units, of which we anticipate 20 units total. It is assumed that rents will increase annually at 2% per year. This results in monthly rent increases of $18 - $24 each year. • Coin-operated laundry will be provided on site. Prior data suggests an average monthly revenue of $25 per unit. This revenue will increase at 1% per year. • CoStar data suggests the average vacancy rate over the entire Oshkosh market is 4.6%. However, the upper-end comparable units enjoyed a vacan- cy rate one-half of this at 2.3%. We assume the vacancy will follow this rate. • Expenses including landscaping and snow removal, insurance, legal and accounting, waste management, cable & internet and sprinkler monitoring will all increase by 1% per year. • Gas, electric and water costs will increase at a rate of 2% per year mostly due to the anticipated water rate increases expected in the city of Oshkosh. • The primary conventional debt will be assumed to be financed over 30 years at a rate of 5.25%. We assume the PACE and TIF notes will be amor- tized over 20 years at rates of 6% and 5.25% respectively. MILES KIMBALL INVESTMENT ANALYSIS | 7Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11RevenueRent$372,000 $379,440 $387,029 $394,769 $402,665 $410,718 $418,932 $427,311 $435,857 $444,574 $453,466Laundry Income$8,400 $8,484 $8,569 $8,655 $8,741 $8,828 $8,917 $9,006 $9,096 $9,187 $9,279Gross Potential Revenue$380,400 $387,924 $395,598 $403,424 $411,406 $419,547 $427,849 $436,317 $444,953 $453,761 $462,745VacancyEstimated rate (2.3%)$8,556 $8,727 $8,902 $9,080 $9,261 $9,447 $9,635 $9,828 $10,025 $10,225 $10,430Gross Profit$371,844 $379,197 $386,696 $394,344 $402,145 $410,100 $418,214 $426,489 $434,929 $443,536 $452,315Operating ExpensesReal Estate Taxes$4,047 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379Landscape & Snow Removal$7,050 $7,121 $7,192 $7,264 $7,336 $7,410 $7,484 $7,559 $7,634 $7,710 $7,788Insurance$3,500 $3,535 $3,570 $3,606 $3,642 $3,679 $3,715 $3,752 $3,790 $3,828 $3,866Legal & Accounting$2,250 $2,273 $2,295 $2,318 $2,341 $2,365 $2,388 $2,412 $2,436 $2,461 $2,485Property Management (4%)$14,874 $15,168 $15,468 $15,774 $16,086 $16,404 $16,729 $17,060 $17,397 $17,741 $18,093Gas / Electric / Water $33,400 $34,068 $34,749 $35,444 $36,153 $36,876 $37,614 $38,366 $39,133 $39,916 $40,714Waste Management$3,125 $3,156 $3,188 $3,220 $3,252 $3,284 $3,317 $3,350 $3,384 $3,418 $3,452Cable & Internet$13,440 $13,574 $13,710 $13,847 $13,986 $14,126 $14,267 $14,409 $14,554 $14,699 $14,846Sprinkler System Monitoring$330 $333 $337 $340 $343 $347 $350 $354 $357 $361 $365Total Operating Expenses$82,016 $174,606 $175,888 $177,191 $178,518 $179,869 $181,243 $182,641 $184,064 $185,513 $186,987Net Operating Income (NOI)$289,828 $204,591 $210,808 $217,153 $223,626 $230,231 $236,971 $243,848 $250,864 $258,023 $265,328Capital Reserves$4,200 $4,242 $4,284 $4,327 $4,371 $4,414 $4,458 $4,503 $4,548 $4,593 $4,639Debt Service (30yr @ 5.25%)$186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144PACE Debt Service (20yr @ 5.75%)$56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483PACE Annual Program Fee$479 $479 $479 $479 $479 $479 $479 $479 $479 $479 $479TIF Debt Service (20yr @ 5.25%)$45,870 $45,870 $45,870 $45,870 $45,870 $45,870 $45,870 $45,870 $45,870 $45,870 $45,870TIF Reimbursement$0 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199 -$82,199Net Cash Flow -$3,348 -$6,429 -$254 $6,048 $12,478 $19,040 $25,735 $32,567 $39,538 $46,652 $53,911Miles Kimball - Profit and Loss With TIF 8 | INVISTA-ANALYTICS.COMYear 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11RevenueRent$372,000 $379,440 $387,029 $394,769 $402,665 $410,718 $418,932 $427,311 $435,857 $444,574 $453,466Laundry Income$8,400 $8,484 $8,569 $8,655 $8,741 $8,828 $8,917 $9,006 $9,096 $9,187 $9,279Gross Potential Revenue$380,400 $387,924 $395,598 $403,424 $411,406 $419,547 $427,849 $436,317 $444,953 $453,761 $462,745VacancyEstimated rate (2.3%)$8,556 $8,727 $8,902 $9,080 $9,261 $9,447 $9,635 $9,828 $10,025 $10,225 $10,430Gross Profit$371,844 $379,197 $386,696 $394,344 $402,145 $410,100 $418,214 $426,489 $434,929 $443,536 $452,315Operating ExpensesReal Estate Taxes$4,047 95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379 $95,379Landscape & Snow Removal$7,050 $7,121 $7,192 $7,264 $7,336 $7,410 $7,484 $7,559 $7,634 $7,710 $7,788Insurance$3,500 $3,535 $3,570 $3,606 $3,642 $3,679 $3,715 $3,752 $3,790 $3,828 $3,866Legal & Accounting$2,250 $2,273 $2,295 $2,318 $2,341 $2,365 $2,388 $2,412 $2,436 $2,461 $2,485Property Management (4%)$14,874 $15,168 $15,468 $15,774 $16,086 $16,404 $16,729 $17,060 $17,397 $17,741 $18,093Gas / Electric / Water $33,400 $34,068 $34,749 $35,444 $36,153 $36,876 $37,614 $38,366 $39,133 $39,916 $40,714Waste Management$3,125 $3,156 $3,188 $3,220 $3,252 $3,284 $3,317 $3,350 $3,384 $3,418 $3,452Cable & Internet$13,440 $13,574 $13,710 $13,847 $13,986 $14,126 $14,267 $14,409 $14,554 $14,699 $14,846Sprinkler System Monitoring$330 $333 $337 $340 $343 $347 $350 $354 $357 $361 $365Total Operating Expenses$82,016 $174,606 $175,888 $177,191 $178,518 $179,869 $181,243 $182,641 $184,064 $185,513 $186,987Net Operating Income (NOI)$289,828 $204,591 $210,808 $217,153 $223,626 $230,231 $236,971 $243,848 $250,864 $258,023 $265,328Capital Reserves$4,200 $4,242 $4,284 $4,327 $4,371 $4,414 $4,458 $4,503 $4,548 $4,593 $4,639Debt Service (30yr @ 5.25%)$186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144 $186,144PACE Debt Service (20yr @ 5.75%)$56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483 $56,483PACE Annual Program Fee$479 $479 $479 $479 $479 $479 $479 $479 $479 $479 $479TIF Debt Service (20yr @ 5.25%)$0$0$0$0$0$0$0$0$0$0$0TIF Reimbursement$0$0$0$0$0$0$0$0$0$0$0Net Cash Flow $42,522 -$42,758 -$36,582 -$30,281 -$23,851 -$17,289 -$10,594 -$3,762 $3,210 $10,323 $17,582Miles Kimball - Profit and Loss Without TIF MILES KIMBALL INVESTMENT ANALYSIS | 9 Return on Investment While the operational proformas demonstrated that the ‘without TIF’ scenario results in an anticipate net loss of cash over the first 10 years, another key difference in the two scenarios is that in the ‘without TIF’ scenario the development team would be required to bring another $567,266 in cash into the project for a total initial investment of approximately $1.28 million. To calculate the 10-year Internal Rate of Return (IRR) we first need to estimate an assumed reversion at the end of year ten. To do this we use the NOI from year eleven and devide by a terminal caap rate of 7%, This results in a valuation of roughly $3.79 million. We assume a 5% commision on the sale. Further, after 10 years we would anticipate $2.3 million left to be paid off on the primary morgage note and roughly $421K left to be paid on the PACE loan. The resultant net reversion after the assumed sale would then be $877,274. In the ‘with TIF’ scenario we estimate the 10-year IRR to be 4.01% with mostly positive cash flow over the time frame. However, the ‘without TIF’ scenario is bleak. Overall the investment team would take losses over time and not recoup back their investment upon reversion. This results in a 10-year IRR of -4.68% on their $1.28 million investment. One would be hard- pressed to find any investor willing to undertake the project without TIF assistance given these forecasted results. It is our professional opinion that these results demonstrate the ‘but-for’ requirements needed for the use of TIF assistance on this project. Net Cash Flow Reversion Total Net Cash Flow Reversion Total Initial Cash Outlay -716,034 -716,034 -1,283,300 -1,283,300 Year 1 -3,348 -3,348 42,522 42,522 Year 2 -6,429 -6,429 -42,758 -42,758 Year 3 -254 -254 -36,582 -36,582 Year 4 6,048 6,048 -30,281 -30,281 Year 5 12,478 12,478 -23,851 -23,851 Year 6 19,040 19,040 -17,289 -17,289 Year 7 25,735 25,735 -10,594 -10,594 Year 8 32,567 32,567 -3,762 -3,762 Year 9 39,538 39,538 3,210 3,210 Year 10 46,652 877,274 923,926 10,323 877,274 887,598 Reversion 3,790,397 3,790,397 Broker Commission 189,520 189,520 Mortgage Payoff 2,302,015 2,302,015 Pace Note Payoff 421,588 421,588 Net Reversion 877,274 877,274 10yr IRR =>4.01%10yr IRR =>-4.68% Return on Investment Metrics With TIF Without TIF 10 | INVISTA-ANALYTICS.COM DISCLAIMER The findings presented herein are based upon the information available and received at the time this report was compiled. Invista Analytics (IA) has taken substantial precaution to eval- uate this information for its completeness, accuracy and reliability. To the best of its knowl- edge, IA feels the information and conclusions presented herein are sound and reliable. It should also be understood that normal economic and marketplace conditions change con- stantly. IA assumes no responsibility for information that becomes outdated once this report is written; nor is it responsible for keeping this information current after June 25, 2019. The results presented in this report are the professional opinion of IA and are based on the information available at this time. These opinions infer proper and professional management of the business operation. The opinions also infer that market conditions do not change the information received upon which these opinions are based. IA assumes no responsibility for changes in market conditions. Furthermore, it is assumed that the reader of this report completely understands its contents, assumptions and recommendations. If the reader does not fully understand the contents contained herein, clarification should be sought from Invista Analytics. Finally, IA assumes no responsibility should the management of the proposed business ven- ture deviate from any recommendations that may have been provided in this report. Any further questions about this report should be directed to IA. Sincerely, Timothy Hess, PhD 240 Algoma Blvd - Suite A Oshkosh, WI 54901 920.203.2177 www.invista-analytics.com MILES KIMBALL INVESTMENT ANALYSIS | 11