Contact TDCContact TDC

Address
17 Market Square, #201
Knoxville, Tennessee  37902

Phone
p. (865) 546-5887
f.  (865) 546-6170

Contact Info
Todd Napier
President and CEO
tanapier@knoxdevelopment.org

Follow us on Twitter
Twitter @TDCKnox
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BUSINESS ASSISTANCE

City of Knoxville PILOT Financing Procedures:

Residential or Commercial process

1.      Applicant makes initial inquiry to City staff or IDB staff

2.      Applicant submits draft application to City staff

3.      City staff meets with IDB staff and the applicant to review the draft application

4.      City staff meets with IDB staff to prepare a recommendation for length of the PILOT term, amount of the PILOT payment, and any terms of the PILOT lease

5.      City staff communicates the results of this meeting to applicant

6.      Applicant submits official application to City staff

7.      City staff briefs City & County Finance Directors on project

8.      City staff submits application to independent 3rd party for review

9.       City staff prepares a Resolution for inclusion on City Council Agenda; City Council acts

9.1.   City Council approves PILOT terms, as presented; City Mayor signs resolution; City staff forwards resolution to IDB staff

9.2.   City Council approves PILOT terms, with modifications; City Mayor signs resolution; City staff forwards resolution to IDB staff; IDB staff determines if modifications require review by IDB

9.3.   City Council denies PILOT terms; applicant may modify application and resubmit

10.  Applicant submits official application and application fee to IDB

Estimated Project Investment

at the Time of Application

 

Application Fee

$1,000,000 - $2,500,000

$2,500,001 - $5,000,000

$5,000,000 - and greater

$2,000

$3,000

$4,000

11.  IDB staff meets with City IDB Chair to discuss and review

12.  IDB Board

12.1.   If applicant requests special called meeting, then applicant must remit a $2,500.00 agenda fee

12.2.   IDB staff sends notice of meeting to media to publish 7-days in advance of meeting

12.3.   IDB staff and IDB attorney prepare a resolution that includes agreed to terms of approval

12.4.   IDB staff includes PILOT application (completed application form, City Council Resolution, draft IDB resolution) to the IDB Board with meeting agenda package; IDB staff presents proof of payment of application fee

12.5.   IDB Board acts on item

12.5.1.  IDB approves the PILOT terms, as presented; IDB Chair signs the resolution approving the PILOT

12.5.2.  IDB approves PILOT terms, with modification; IDB Chair signs the resolution approving the PILOT

12.5.3.  IDB denies PILOT terms; applicant may modify application and resubmit

Approved Projects

13.  IDB attorney and IDB staff prepare PILOT Lease Agreement and send to applicant, including terms of IDB and City Council approval; applicant and IDB negotiate content

14.  Closing

14.1.   IDB attorney prepares closing documents (Lease Memo, Special Warranty Deed)

14.2.   IDB Staff and IDB attorney determine the closing fee amount and communicates fee to applicant. The Board will consider refunding or crediting the application fee in the event Lessee shall execute a Lease with thirty (30) days after delivery of Lease Documents by the IDB’s counsel (or soon thereafter based upon reasonable conditions for the project related to the securing of financing, obtaining historic tax credits and similar project requirements).

14.3.   The Closing Fee shall not exceed 5% of the tax savings, as calculated by the IDB Board or its consultant, with a maximum of $300,000; the fee will cover any IDB expenses related to the transaction (i.e., fees of IDB attorney, title attorney fees, title insurance premiums, copies, postage, long distance telephone calls, etc.)

14.4.   Applicant must close on the PILOT Lease Agreement by the date specified by the IDB Board or 120 days after distribution by IDB attorney; closing must occur prior to December 31st (end of year)

14.5.   IDB attorney distributes recorded Closing Documents and signed Lease Agreement to applicant, IDB staff, and Property Assessor’s office

14.6.   Lessee (FKA Applicant) distributes recorded documents to State Comptroller

14.7.   IDB attorney distributes any remaining closing fees, less invoiced IDB attorney’s fees, to IDB staff for deposit

15.  Lessee constructs improvements

16.  IDB staff sends request to Lessee for Fiscal Summary of IDB Property; Lessee provides appropriate information to staff

17.  Knox County Property Assessor appraises property or certifies current appraisal

18.  IDB staff sends to Lessee the PILOT invoice, Fiscal Summary form for Annual Report to the State Board of Equalization, and PILOT checklist on or about September 1;

18.1.   Lessee has from October 1 until February 28 to make PILOT payment & Base Rent payment to IDB

18.2.   Lessee must remit Fiscal Summary information to IDB staff prior to October 1; IDB staff files the Annual Report with the State Board of Equalization by October 1

18.3.   Lessee must remit any other pertinent information itemized on checklist, by the appropriate dates

19.  IDB staff disburses PILOT payment to City and County

20.  IDB staff includes City staff in all correspondence and assists City staff with efforts to confirm compliance

21.  IDB staff provides all appropriate documentation for annual IDB audit

22.  Lessee may modify the PILOT Lease Agreement, under the following conditions

22.1.   Lessee must submit a request and a $1000.00 fee to the IDB staff to amend the Lease Agreement

22.2.   Parties seeking a transfer of an existing PILOT shall confer with the IDB staff to determine the proper procedure; the IDB staff will recommend to the IDB Board that the transfer be approved or that a new application be filed; no fee shall be assessed on any assignment of a related party transaction; if an assignment or sub-lease to a non-related party is approved, the transfer fees for such assignment will be as follows:

22.2.1.  1% of the tax savings up to $1,000,000 with a minimum fee of $4,000

22.2.2.  1/2% of such savings over $1,000,000 with a maximum fee of $25,000

22.2.3.  All attorney fees incurred by the IDB in processing the application

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