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EDA Agenda 02-10-2021AGENDA REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, February loth, 2021— 6:00 p.m. Mississippi Room, Monticello Community Center Participants can choose to attend in -person or remotely via Go -To: Web: https://21obal.2otomeetin2.com/ioin/949013725 Phone: (571) 317-3112 1 Access Code: 949-013-725 Commissioners: President Steve Johnson, Vice President Bill Tapper, Treasurer Jon Morphew, Tracy Hinz, 011ie Koropchak-White and Councilmembers Lloyd Hilgart and Jim Davidson Staff: Executive Director Jim Thares, Rachel Leonard, Angela Schumann, Sarah Rathlisberger and Jacob Thunander 1. Call to Order 2. Roll Call 6:00 p.m. 3. Annual Business Meeting a. Consideration to elect EDA Officers b. Consideration to review EDA Bylaws c. Consideration to review EDA Enabling Resolution d. Consideration of EDA Financial Statements and Fund Balance Information 4. Consideration of Additional Agenda Items 5. Consent Agenda a. Consideration of Approving Regular Meeting Minutes — January 13th, 2021 b. Consideration of Approving Payment of Bills c. Consideration of Consent of Assignment and Assumption of Contract for Private Redevelopment and Tax Increment Financing (TIF) Revenue Note between Rivertown Residential Suites, LLC and GCRE — Rivertown, LLC Related to Property Transfer d. Consideration of Approving Entering into a Month -to -Month Lease Agreement with Alive! Lutheran Church (ALC) for EDA-Owned Property Located at 121 West Broadway Regular Agenda 6. Consideration of Adopting Proposed 2021 EDA Workplan 7. Economic Development Director's Report 8. Closed Session - Consideration of Recessing to Closed Session to Develop or Consider Offers or Counter -Offers for the Purchase or Sale of Real or Personal Property Pursuant to Minnesota Statute 1313.05, Subdivision 3(c)(3). Property Address and PID: 1. Address: 113 West Broadway — PID: #155-010-052060 2. PID:#155-248-001010 3. PID:#155-248-001020 4. PID:#155-248-001030 9. Adjourn EDA Agenda: 02/10/21 3. Annual Business Meeting (JT) A. REFERENCE AND BACKGROUND: The EDA is required to hold an Annual Meeting each year to elect officers, make appointments as needed and consider Bylaw changes. The EDA's enabling resolution and Bylaws are attached for review. Staff would entertain any questions or requested clarifications on the documents; some items may require consultation with EDA legal counsel. The offices that need to be filled consist of President, Vice President and Treasurer. Staff can serve as the Secretary for recording meeting minutes. Also attached for review and discussion is the 2020 Year End Financial reports of the EDA Fund(s). Al. Staff Impact: There is minimal staff time involved in preparing the staff report for consideration of the Annual Business Meeting. A2. Budget Impact: No expected budget B. ALTERNATIVE ACTIONS: 1. Motion to elect 2021 officers; as President, as Vice President, and as Treasurer. 2. Motion to table election of 2021 EDA Officers C. ALTERNATIVE ACTIONS: 1. Motion to direct staff to prepare draft amendments to the EDA Enabling Resolution or Bylaws as follows: (amendments to the Enabling Resolution require a public hearing). 2. Motion of other. D. STAFF RECOMMENDATION: Staff defers to the EDA for appointment of officers. Currently, staff do not have any recommended amendments to the Enabling Resolution or Bylaws and defers to the EDA regarding Alternative Action C. E. SUPPORTING DATA: A. EDA Bylaws B. EDA Enabling Resolution C. EDA 2020 Year -End Financial Reports BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "City of Monticello Economic Development Authority." Section 2. Office of Authority. The office of the Authority shall be at the City Hall in the City of Monticello, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. Section 3. Seal of Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 4. Establishment. The City of Monticello Economic Development Authority is established pursuant to Minnesota Statutes, Section 469.090 to 469.1081, as amended. ARTICLE II - THE COMMISSIONERS Section 1. Appointment, Terms, Vacancies, Pay, and Removal. Shall be in accordance with the Amended and Restated Resolution Enabling the Creation of the City of Monticello Economic Development Authority dated October 22, 2007 and as it may be amended (the "Enabling Resolution"). ARTICLE III - THE OFFICERS Section 1. Officers. The Authority shall elect a president, a vice president, a treasurer, a secretary, and an assistant treasurer at the annual meeting. A commissioner must not serve as president and vice president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Section 2. President. The President shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Board of Commissioners, the President and the Executive Director (the Assistant Treasurer, in the Executive Director's absence or incapacity) shall sign all contracts, deeds, and other instruments made or executed by the Authority, except that all checks of the Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies of the Authority. Section 3. Vice President. The Vice President shall perform the duties of the President in the absence or incapacity of the President, including signing all contracts, deeds, and other instruments executed by the Authority; and in the case of the resignation or death of the President, the Vice President shall perform such duties as are imposed on the President until such 1 325599v9MN190-130 time as the Board shall select a new President. Section 4. Secretary. The Secretary shall keep minutes of all meetings of the Board and shall maintain all records of the Authority. The office of Secretary may be held by the Executive Director upon approval thereof by the Authority. Section 5. Treasurer's Duties. The treasurer: (1) shall receive and is responsible for Authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse Authority money by any Authority -approved method, including without limitation check, wire transfer, or credit card; (4) shall keep an account of the source of all receipts and the nature, purpose, and authority of all disbursements; (5) shall file the Authority's detailed financial statement with its secretary at least once a year at times set by the Authority; and (6) shall prepare and submit an annual report describing the Authority's activities and providing an accurate statement of its financial condition to the City of Monticello by no later than one month following the annual meeting of the Authority. Section 6. Assistant Treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or incapacitated. Section 7. Public Money. Authority money is public money. ARTICLE IV - EXECUTIVE DIRECTOR The City Administrator, or any other person designated in writing by the City Administrator and approved by a majority of the Board of Commissioners, shall be designated as Executive Director of the Authority. Section 1. Duties. The Executive Director shall have general supervision over the administration of the Authority's business and affairs subject to the direction of the Authority. The Executive Director in his or her own name and title shall keep the records of the Authority, shall act as recorder of the meetings of the Authority and record all votes, and shall keep record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. The Executive Director shall, with the President, sign all contracts, deeds, and other instruments executed by the Authority, and shall keep in sole custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. 2 325599v9MN190-130 Any person appointed to fill the office of Executive Director, or any vacancy herein, shall have such terms as the Authority fixes, but no commissioner of the Authority shall be eligible to serve as the Executive Director. ARTICLE V - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the 2nd and 4d' Wednesday of each month. Section 2. Annual Meeting. The annual meeting of the Authority shall be held in conjunction with the regular February meeting at the regular meeting place of the Authority. The August regular meeting shall include final fund balances reviewed at the Annual Meeting. Section 3. Special Meetings. Special meetings of the Authority may be called by the President, two members of the Authority, or the Executive Director for the purpose of transacting any business designated in the call. All commissioners of the Authority shall be notified. Section 4. Quorum. At any meeting of the Authority, the presence of four commissioners shall constitute a quorum. If a quorum is not present at any meeting, those present shall have power to adjourn the meeting from time to time without notice other than announcement at such meeting until the requisite number of votes shall be present to constitute a quorum. At any such adjourned meeting at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally called. Any resolution, election, or other formal action of the Authority shall be adopted upon the affirmative vote of a majority of the Authority membership. Section 5. Rules of Procedure. Unless otherwise specified in the Enabling Resolution or in these bylaws, all meetings of the Authority shall be conducted in accordance with Roberts' Rules of Order revised. Section 6. Manner of Voting. The voting on all questions coming before the Authority shall be voice unless the President calls for a roll call vote. The yeas and nays shall be entered upon the minutes of such meetings. ARTICLE VI - EMPLOYEES; SERVICES; SUPPLIES Section 1. Employ. Subject to limits set by the appropriations or other funds made available, the Authority may employ such staff, technicians, and experts as may be deemed proper and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 2. Contract for Services. The Authority may contract for services of consultants, agents, public accountants, and other persons needed to perform its duties and exercise its powers. Section 3. Legal Services. The Authority may use the services of the city attorney or 3 325599v9MN190-130 hire a general counsel for its legal needs. The city attorney or general counsel, as determined by the Authority, is its chief legal advisor. Section 4. Sppplies. The Authority may purchase the supplies and materials it needs to carry out its function pursuant to Minnesota Statutes, Sections 469.090 to 469.1081. Section 5. City Purchasing. The Authority may use the facilities of its city's purchasing department in connection with construction work and to purchase equipment, supplies, or materials. Section 6. City Facilities, Services. The City may furnish offices, structures and space, and stenographic, clerical, engineering, or other assistance to the Authority. Section 7. Delegation Power. The Authority may delegate to one or more of its agents or employees powers or duties as it may deem proper. ARTICLE VII - POWERS Section 1. Functions, Powers, and Duties. Shall be in accordance with the Enabling Resolution. Section 2. Limitations of Power. Resolution. Shall be in accordance with the Enabling ARTICLE VIII - AMENDMENTS Section 1. Amendment to Bylaws. The bylaws of the Authority shall be amended by a majority vote of the Authority membership at a regular or special meeting. The amendments must be in written form. Section 2. Conflicts. In any instance where these bylaws are in conflict with the Enabling Resolution, the Enabling Resolution shall control. Section 3. Effective Date. These bylaws are effective upon their adoption by the Authority. Dated: August 14, 2019. Signed: President (Seal) Executive Director 4 325599v9MN190-130 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO.2012-021 AMENDED AND RESTATED RESOLUTION ENABLING THE CREATION OF THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED by the City Council of the City of Monticello, Minnesota ("City") as follows: Section 1. Background and Findings 1.01. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act") to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs for the City. 1.02. By Ordinance No. 172, approved April 10, 1989 and codified in the City Code as Title II, Chapter 3 (the "Enabling Ordinance"), the City established the City of Monticello Economic Development Authority ("EDA"), for the purpose of coordinating and administering economic development activities in and for the City. 1.03. By resolutions approved on October 22, 2007 and January 14, 2008, the City transferred to the EDA the control, authority and operation of all projects administered by the Housing and Redevelopment Authority in and for the City of Monticello and adopted an Amended and Restated Enabling Resolution (the "Enabling Resolution"), which superceded the Enabling Ordinance in all respects. 1.04. The City Council has now determined to revise and clarify certain provisions of the Enabling Resolution by the adoption of this resolution. 1.05. The City Council has, in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on the date hereof, at which all persons wishing to be heard were given an opportunity to express their views, concerning the modified Enabling Resolution. 1.06. This resolution constitutes an amendment and restatement of the Enabling Resolution of January 14, 2008, and supercedes such Enabling Resolution in all respects. Section 2. Enabling Authority. 2.01. The EDA was established pursuant to the EDA Act under the Enabling Ordinance as adopted April 10, 1989 and codified as Title II, Chapter 3 of the City Code, as amended and restated by this resolution. 2.02. The EDA shall be composed of 7 members to be appointed by the Mayor and confirmed by the City Council. 2.03. Two of the members shall be members of the City Council. The terms of office of the two members of the City Council shall coincide with their terms of office as members of the City Council. The remaining five (5) members shall be initially appointed for terms of one, two, three, four, and five years respectively. Thereafter, all non -Council members shall be appointed for six -year terms. 2.04. A vacancy is created in the membership of the EDA when a City Council member of the board of commissioners ends Council membership, when any member ends EDA membership prior to expiration of his or her term of office, on the day following the expiration of a member's term of office, or when a member is removed by the City Council subject to the terms of Section 2.07 hereof . A vacancy for this or any other reason must be filled for a new term or the balance of the unexpired term, as applicable, in the manner in which the original appointment was made. 2.05. All of the members who are not members of the City Council must be either residents of the City, business -owners in the City, or property -owners in the City. 2.06. All members shall serve at the pleasure of the City Council, subject to the terms of Section 2.07 hereof. Vacancies shall be filled by appointment by the Mayor with the confirmation of the City Council. 2.07. A commissioner may be removed by the City Council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least 10 days before the hearing. The commissioner must be given an opportunity to be heard in person or by the counsel at the hearing. When written charges have been submitted against the commissioner, the City Council may temporarily suspend the commissioner. If the City Council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings together with the charges and findings shall be filed in the office of the City Administrator. 2.08. The City Council shall make available to the EDA such appropriations as it deems fit for salaries, fees, and expenses necessary in the conduct of its work. The EDA shall have authority to expend all budgeted sums so appropriated and recommend the expenditures of other sums made available for its use from grants, gifts, and other sources for the purposes and activities authorized by this resolution. Section 3. Officers and Meetings. 3.01. The EDA shall elect a president, vice president, treasurer, assistant treasurer, and secretary annually. A member must not serve as president and vice president at the same time. The other offices may be held by the same member. The other offices of the secretary and assistant treasurer need not be held by a member. 3.02. The EDA shall adopt rules and procedures not inconsistent with the provisions of this Enabling Resolution or as provided in Minnesota Statutes, Section 469.096, and as may be necessary for the proper execution and conduct of its business. The EDA shall adopt bylaws and rules to govern its procedures and for the transaction of its business and shall keep a record of attendance at its meetings and/or resolutions, transactions, findings, and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting, indicating such fact. The records of the EDA shall be a public record, except for those items classified by law as nonpublic data. 3.03. The EDA shall meet at least quarterly. Special meetings may be called by the president as needed. 3.04. All administrative procedures, including contract for services, purchases of supplies, and financial transactions and duties shall be outlined in the bylaws of the EDA. Section 4. Staff. 4.01. The Economic Development Director shall be designated as Executive Director of the EDA. 4.02. Subject to limits set by the appropriations or other funds made available, the FDA may employ such staff, technicians, and experts as may be deemed proper, and may incur such other expenses as may be necessary and proper for the conduct of its affairs. Section 5. Functions, Powers, and Duties. 5.01. Except as specifically limited by the provisions of Section 6 of this Enabling Resolution, the EDA shall have the authority granted it pursuant to the EDA Act. 5.02. The EDA shall manage the Greater Monticello Enterprise Fund (the "Fund") the purpose of which is to encourage economic development by making loans to private businesses. The EDA shall make loans to eligible businesses, and such loan(s) shall serve a public purpose as defined in the Greater Monticello Enterprise Fund Guidelines (Fund Guidelines). The Fund Guidelines are hereby adopted by reference and included in the bylaws of the EDA. No changes to the fund Guidelines shall be made without approval of the City Council. 5.03. The EDA may be a limited partner in a partnership whose purpose is consistent with the EDA's purpose. 5.04. The EDA may issue general obligation bonds and revenue bonds when authorized by the City Council and pledge as security for the bonds the full faith, credit, and resources of the City or such revenues as may be generated by projects undertaken by the EDA. 5.05. The EDA may cooperate with or act as agent for the federal or state government or a state public body, or an agency or instrumentality of government or other public body to carry out the powers granted it by the EDA Act or any other related federal, state, or local law in the area of economic development district improvement. 5.06. The EDA may annually develop and present an economic development strategy and present it to the City Council for consideration and approval. 5.07. The EDA may join an official, industrial, commercial, or trade association or other organization concerned with such purposes, hold reception of officials who may contribute to advancing the City and its economic development, and carry out other appropriate public relations activities to promote the city and its economic development. 5.08. The EDA may perform such other duties which may be lawfully assigned to it by the City. All city employees shall, upon request and within a reasonable time, famish the EDA or its employees or agents such available records or information as may be required in its work. The EDA or its employees or agents may, in the performance of official duties, enter upon lands and make examinations or surveys in the same manner as other authorized City agents or employees and shall have such other powers as are required for the performance of official functions in carrying out the purposes of this resolution. Section 6. Limitations of Power. 6.01. The following limits apply to the EDA and its operation: (a) The sale of bonds or other obligations of the EDA must be approved by the City Council. (b) The EDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the EDA must be in conformity to the City comprehensive plan and official controls implementing the comprehensive plan. (d) The EDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) Except when previously pledged by the EDA, the City Council may, by resolution, require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines are not necessary for the successful operation of the EDA to the debt service funds of the city to be used solely to reduce tax levies for bonded indebtedness of the City. (f) The administrative structure and management practices and policies of the EDA must be approved by the City Council. (g) The EDA shall submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval. 6.02. The EDA may exercise all the powers under the EDA Act, including, but not limited to, the following; (a) all powers under the HRA Act. (b) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (c) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (d) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited partner in a partnership whose purpose is consistent with the EDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public parking facilities. (e) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (f) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the HRA Act), subject to approval by the City Council in accordance with Section 469.033, subdivision 6. (g) all powers under Minnesota Statutes, Sections 469.474 to 469.179. 6.03. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the EDA are to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City, the EDA or the HRA. Section 7. Implementation. 7.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this resolution. 7.02. The Mayor, the City Administrator, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 7.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution to impose new or different limitations on the EDA as authorized by the EDA Act. ADOPTED BY the City Council of the City of Monticello on this 27th day of February, 2012. CITY OF MONTICELLO eel ze�l—1 Clint Herbst, Mayor ATTEST: JeOW City Administrator CITY OF MONTICELLO Schedule of Assets, Liabilities, Deferred Inflows of Resources, and Fund Balances Economic Development Authority & Small Cities Development Program December 31, 2020 - Unaudited ASSETS Cash and investments Receivables Unremitted taxes Delinquent taxes Intrafund receivable Prepaid items Notes receivable Land held for resale TOTAL ASSETS LIABILITIES Accounts and contracts payable Intrafund payable Unearned revenue Escrow deposits Total liabilities DEFERRED INFLOWS OF RESOURCES Unavailable revenue - property taxes FUND BALANCES Nonspendable Restricted Assigned Total fund balance TOTAL LIABILITIES, AND FUND BALANCES Required or Actual Decertification Date TIF District Type (d) = decertified TIF 6 (d) TIF 19 TIF 20 (d) TIF 22 TIF 24 EDA General GMEF TIF Future Raindance MS Shores Prairie West Downtown St. Henry's $ 811,053 $ 1,049,574 $ $ 6,721 $ 92,936 $ 104,838 $ 400,241 $ 117,208 2,367 - - - - - - 1,551 - 566,924 742,384 3,186 - - - 183,693 - 3,548,289 1 00 - $ 4,933,370 $ 1,233,267 $ $ 749,105 $ 90936 $ 104,838 $ 567,441 $ 117,208 t $ 11,767 $ $ $ $ $ $ - 44,497 - 163,200 6,720 - 18,487 44,497 163,200 1,551 - 3,186 - - 1,233,26 749,105 92,936 104,838 400,241 117,208 4,91 6 (44,497) 4,913, 1,233,267 (44,497) 749,105 92,936 104,838 400,241 117,208 0 $ 1,233,267 $ - $ 749,105 $ 92,936 $ 104,838 $ 563,441 $ 117,208 121912013 12131/2023 1211012018 12131/2024 12/31/2026 Redevelopment Housing Redevelopment Housing & Housing Redevelopment (Continued) CITY OF MONTICELLO Schedule of Assets, Liabilities, Deferred Inflows of Resources, and Fund Balances Economic Development Authority & Small Cities Development Program December 31, 2020 - Unaudited (Continued) ASSETS Cash and investments Receivables Unremitted taxes Delinquent taxes Intrafund receivable Prepaid items Notes receivable Land held for resale TOTAL ASSETS LIABILITIES Accounts and contracts payable Intrafund payable Unearned revenue Escrow deposits Total liabilities DEFERRED INFLOWS OF RESOURCES Unavailable revenue - property taxes FUND BALANCES Nonspendable Restricted Assigned Total fund balance TOTAL LIABILITIES, AND FUND BALANCES Required or Actual Decertification Date TIF District Type (d) = decertified TIF 29 TIF 30 TIF 34 TIF 39 TIF 40 TIF 41 GAAP Total Total Front Porch CMHP Interchange Otter Creek Briggs UMC Reconciliation EDA SCDP $ 160,026 $ 112,177 $ 35,662 $ (84) $ 335 $ $ $ 2,890,687 $ 756,345 - - - - - 2,367 - 1,551 (1,309,308) - 3,186 - 183,693 168,193 - - - 3,711,489 - $ 160,026 $ 112,177 $ 35,662 $ (84) $ 6,792,973 $ 924,538 $ - $ - $ - $ - $ $ $ $ 11,767 $ - 103,215 = 130,596 ` 1,000 (1,309,308) - (163,200) - I V - 6,720 103,215 v130,596 1,031,000 (1,472,508) 18,487 1,551 160,026 6 - 35,662 (130,680) - 335 (1,031,000) - 163,200 3,186 1,904,100 924,538 4,865,649 - 160,026 8,962 35,662 (130,680) 335 (1,031,000) 163,200 6,772,935 924,538 $ 6 $ 112,177 $ 35,662 $ (84) $ 335 $ $ (1,309,308) $ 6,792,973 $ 924,538 12131/2029 12131/2029 12131/2022 1213112021 1213112045 1213112030 Housing Housing Redevelopment Economic Housing Economic Development Development Schedule of Revenues, Expenditures and Other Financing Sources (Uses) Economic Development Authority & Small Cities Development Program For the Period Ended December 31, 2020 - Unaudited Revenues Property taxes Tax increments Intergovernmental Investment earnings Interest on loans Other revenues Total revenues Expenditures: Current Salary and wages Benefits Professional services - legal Professional services - other LPV Insurance Legal and general publications Property taxes Marketing Dues and membership Utilities IT services Travel and conferences Qualifying TIF expenditures Other expenditures Excess increments Interest on intrafund loans PAYG payments to third parties Total expenditures Excess (deficiency) of revenues over expenditures Other financing sources (uses) Transfers out Net change in fund balances Fund balance at beginning of year Fund balance at end of year Required or Actual Decertification Date TIF District Type (d) = decertified EDA General GMEF $ 355,080 $ - 185,000 25,602 19,994 101,465 18,733 TIF Future CITY OF MONTICELLO TIF 6 (d) TIF 19 TIF 20 (d) TIF 22 TIF 24 Raindance MS Shores Prairie West Downtown St. Henry's 39,084 298,946 56,104 6,826 1,401 2,000 6,213 1,701 57,805 6,721 40,345 1,895 155,018 105 35 140 57,665 101,465 18,733 6,721 40,345 1,895 155,018 57,665 4,811,867 1,214,534 (44,497) 742,384 52,591 102,943 245,223 59,543 $ 4,913,332 $ 1,233,267 $ (44,497) $ 749,105 $ 92,936 $ 104,838 $ 400,241 $ 117,208 121912013 12131/2023 1211012018 12131/2024 12131/2026 Redevelopment Housing Redevelopment Housing & Housing Redevelopment (Continued) CITY OF MONTICELLO Schedule of Revenues, Expenditures and Other Financing Sources (Uses) Economic Development Authority & Small Cities Development Program For the Period Ended December 31, 2020 - Unaudited (Continued) TIF 29 TIF 30 TIF 34 TIF 39 TIF 40 TIF 41 GAAP Total Total Front Porch CMHP Interchange Otter Creek Briggs UMC Reconciliation EDA SCDP Revenues Property taxes $ - $ - $ - $ - $ - $ $ $ 355,080 $ Tax increments 33,749 15,145 218,945 45,479 332 707,784 Intergovernmental - - - - - 185,000 Investment earnings 2,731 2,126 501 3 69,098 15,277 Interest on loans - - - - (9,622) 3,739 4,896 Other revenues - - - - 2,280 - Total revenues 36,480 17,271 219,446 45,479 335 622 1,322,981 20,173 Expenditures: Current Salary and wages - - - - 89,770 - Benefits 35,496 Professional services - legal - - - 17,318 Professional services - other 105 105 105 63,572 LPV Insurance - - 1,224 Legal and general publications 35 35 3 3 351 Property taxes - - - 1,641 Marketing 1,149 Dues and membership 5,796 Utilities - 2,240 IT services 2,665 Travel and conferences - 1,348 Qualifying TIF expenditures 1,031,000 1,031,000 Other expenditures - 260,624 Excess increments 137,813 Interest on intrafund loans 2,850 6,772 (9,622) - PAYG payments to third parties - - - - - 11,303 Total expenditures 140 2,990 140 6,912 - 1,031,000 (9,622) 1,663,310 - Excess (deficiency) of revenues over expenditures 36,340 14,281 219,306 38,567 335 (1,031,000) (340,329) 20,173 Other financing sources (uses) Transfers out - - (200,000) (200,000) - Net change in fund balances 36,340 14,281 19,306 38,567 335 (1,031,000) (540,329) 20,173 Fund balance at beginning of year 123,686 (5,319) 16,356 (169,247) - 163,200 7,313,264 904,365 Fund balance at end of year $ 160,026 $ 8,962 $ 35,662 $ (130,680) $ 335 $ (1,031,000) $ 163,200 $ 6,772,935 $ 924,538 Required or Actual Decertification Date 1213112029 12/31/2029 12/31/2022 12/31/2021 1213112045 1213112030 TIF District Type Housing Housing Redevelopment Economic Housing Economic (d) = decertified Development Development MINUTES REGULAR MEETING - ECONOMIC DEVELOPMENT AUTHORITY (EDA) Wednesday, January 13th, 2021— 6:00 p.m. Mississippi Room, Monticello Community Center Participants attended either in -person or remotely. Commissioners Present: Steve Johnson, Bill Tapper, Jon Morphew, Tracy Hinz, 011ie Koropchak-White, and Jim Davidson Commissioners Absent: Lloyd Hilgart Staff Present: Jim Thares and Rachel Leonard 1. Call to Order Steve Johnson called the Regular Meeting of the Economic Development Authority to order at 6:00 p.m. 2. Roll Call 3. Consideration of Additional Agenda Items None. 4. Consent Agenda BILL TAPPER MOVED TO APPROVE THE CONSENT AGENDA. JON MORPHEW SECONDED THE MOTION. MOTION CARRIED, 6-0. a. Consideration of Approving Workshop Meeting Minutes — December 9, 2020 Recommendation: Approve Workshop Meeting Minutes — December 9, 2020. b. Consideration of Approving Regular Meeting Minutes — December 9, 2020 Recommendation: Approve Regular Meeting Minutes — December 9, 2020. c. Consideration of Approving Payment of Bills Recommendation: Approve Payment of Bills through December 2020. Regular Agenda 5. Consideration of Proposed 2021 EDA Workplan Jim Thares noted that during the December EDA workshop, the board reviewed the 2020 workplan and the process to accomplish a new 2021 workplan. Thares sent out the materials to EDA members and encouraged them to provide comments and suggestions for the new workplan. Thares noted that Steve Johnson and 011ie Koropchak provided comments that were included in the agenda packet. Thares mentioned that those comments were included in the revised proposed workplan. Staff wanted to ensure that all members of the EDA had a chance to weigh-in on the 2021 workplan prior to approval. Thares asked the EDA to review the Monticello 2040 Comprehensive Plan Economic Development Authority Minutes — January 13t', 2021 Page 1 1 2 Economic Development implementation chapter and rank number the priorities. Thares noted that a proposed 2021 workplan would be presented to the EDA for consideration at the February 10, 2021 Regular Meeting. Thares highlighted a few accomplishments and work progress from the rough draft of the 2021 workplan. 6. Economic Development Director's Report Jim Thares provided the Economic Development Director's Report as provided in the agenda packet. Thares provided further detail regarding the River Street EDA owned property. He noted that the property was purchased by the HRA in 1998 with the intent to purchase other properties on that block. The HRA paid $55,700 for this property. The 2021 value of the property is $50,000. Thares envisioned that the site would be suitable for one single family residence. Regarding the Block 52 developer discussions, the EDA concurred that staff should follow up with Good Neighbor Properties, Alexandria, to further discuss redevelopment of the block. Discussion regarding the inclusion of the 4th Street properties in the EDA marketing plan occurred. The EDA's intent for this property was for multi -family housing. Bill Tapper mentioned concern with the two single family residential structures located between the EDA's property and an existing apartment complex. He encouraged the EDA once those properties are available that the EDA consider purchasing and repurposing those lots. Thares mentioned another property that may be for EDA consideration for purchase due to structural issues. Tapper asked what was holding up Project Gia-Saurus. Thares noted it is a large, atypical building and the cost of supporting infrastructure. He also noted the advantages and disadvantages of each of the three locations that were determined in the land feasibility study completed by WSB. Thares also added that the financing is not locked down at this time either. 7. Adiourn TRACY HINZ MOVED TO ADJOURN THE MEETING AT 7:13 P.M. Recorder: Jacob Thunander Approved: February loth, 2021 Attest: Jim Thares, Economic Development Director Economic Development Authority Minutes — January 13t', 2021 Page 2 12 EDA Agenda: 02/10/21 4b. Consideration of Approving Payment of Bills (JT) A. REFERENCE AND BACKGROUND: Accounts Payable summary statements listing bills submitted during the previous month are included for review. B. ALTERNATIVE ACTIONS: 1. Motion to approve payment of bills through January, 2020. 2. Motion to approve payment of bills through January, 2020 with changes as directed by the EDA. C. STAFF RECOMMENDATION: Staff recommends approval of Alternative #1. D. SUPPORTING DATA: A. Accounts Payable Summary Statements Accounts Payable Transactions by Account CITY F User: Debbie.Davidson —4-to 6effo Printed: 01/06/2021 - 2:47PM Batch: 00204.01.2021 Account Number Vendor Description GL Date Check No Amount PO No 213-46301-430300 WSB & ASSOCIATES INC Downtown Redevelop Project - Nov 2 12/31/2020 0 136.50 Vendor Subtotal for Dept:46301 136.50 213-46301-431990 WSB & ASSOCIATES INC 2020 Econonmic Development Service 12/31/2020 0 1,871.50 Vendor Subtotal for Dept:46301 1,871.50 213-46301-443300 INITIATIVE FOUNDATION 2021 Endowment Contribution 01/12/2021 123374 2,390.00 Vendor Subtotal for Dept:46301 2,390.00 Subtotal for Fund: 213 4,398.00 Report Total: 4,398.00 AP -Transactions by Account (01/06/2021 - 2:47 PM) Page I 101 XENIA AVFNUE S SUITE $00 MINNFAPOLIS. NN 55416 City of Monticello Atln: Sarah Rath Iisberger, CPPO Finance Manager 505 Walnut Street, Suite I Monticello, MN 55362-8831 -5 It s ti I—ti-7 �I it wsb; December 16. 2020 Project/invoice: R•014511-0ao - 10 Reviewed by: Bret Weiss Project !Manager Penny Rolf Downtown Redev. Project - Monticello City Staff Reviewer - Jim Thares L Acet # N/A rofes io ervices from November 1 2020 to November 34. 2D2o Phase 001 Downtown Redev. Project Acquisition Assistance Services Hours Bate Amount Rolf, Penny 11124J2020 _75 182 00 136.50 Review PA_ prepare draft of Early Not Letter, call to Jim T_ re: letterhead Totals .75 136.50 Total Labor 136.50 Total this Task $136,50 Total this phase $136.50 Billing Limits Current Prior to -Date Total Billings 136.60 3.587.50 3,824.00 Limit 10,08.00 Remaining 6.384.00 Total this Invoice $136,50 Julie Cheney From: Jim Thares Sent: Monday, January 4, 2021 2:33 PM To: Julie Cheney Subject: RE: WSB (2) Julie, these are okay to pay. Please see coding below: From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Monday, January 4, 2021 1:49 PM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: WSB (2) Importance: High Jim - Attached are the following invoices from WSB for November services: Inv# R015355 -000 11— 2020 Economic Services - $1,871.50 213-46301-431990 Inv# R014511-000 10 — Downtown Redev Project - $136.50 213-46301-431990 Okay to pay? Sorry for the short notice but I need to include these in our Wednesday check run. Please review and approve by end of day Tuesday. ThanksH Julie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Cheney@ci.monticello.mn.us AP@ci.monticello.mn.us ACIOF Monitieflio Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 1 701 XENIA AvkNuE 5 $IJITE 300 MINNEAPOLIS. MN 554}5 wsb City of Monticello December 16, 2020 Attn: Sarah Rathlisbarger, OPFO Finance Manager ProjeWlnvoice: R-015355-000 - 11 505 Walnut Street, Sutte 1 Reviewed by: Bret Weiss Monticello, MIS 55362-8831 Project Manager: James Grornberg 2020 Economic Development Services City Staff Reviewer - Jim Thares L Aoct # 213.46301.431990 Professional Services froember 30. 202U Phase 001 2020 Economic Development Services Monthly Retainer Comments: M €� 1`00 r F r hi t Fee Total Fee 9,300.00 Percent Complete 91.6667 Total Earned 8.525.00 Previous Fee Filling 7,750.00 Current Fee Billing 775.00 Total Fee 775_00 Total this Task $775.00 Special Projects Hours Rate Amount Grornberg, James 111W020 1.00 150.00 150.00 Information for Project G ia-Saurus - Smiths Office Gromberg, James 111512020 1.00 150.00 150.00 mitht Funding information romberg, ,lames 1111112020 .75 15000 112 50 Map Updates Gromberg, Jaynes 11{2412021) 1_00 150.DO 150.00 Call with Tim KorbylJohn Shoffner about Asia-Saurus Project Moen, Kristin 11/1112020 2.00 89.00 178 0D update maps Moen, Kristin 1111212020 1.50 80.00 13350 map updates Moen, Knstin 1111312020 2.50 89.00 222.50 update maps and tables Totals 9.75 1.096.50 Total Labor 1,090_50 Total this Task S1,096_50 Total this Phase $1,871,50 Project R-015355-000 MONT - 2020 Economic Development Service Invoice 11 Total this Invoice $1.871.50 Outstanding invoices Invoice Number pate Balance 10 1111712020 2.379.05 Total 2,379.00 Total Now Due Billings to Date Current Prior Total Fee 775.00 7.750.00 8.525.00 Labor 1,086.5D 8.642.00 8.738.50 Add -on 0.00 -397.00 -387.00 Totals 1,871,50 16.005.00 17,876,50 4, 250_ 50 Page 2 Julie Cheney From: Jim Thares Sent: Monday, January 4, 2021 2:33 PM To: Julie Cheney Subject: RE: WSB (2) Julie, these are okay to pay. Please see coding below: From: Julie Cheney <Julie.Cheney@ci.monticello.mn.us> Sent: Monday, January 4, 2021 1:49 PM To: Jim Thares <Jim.Thares@ci.monticello.mn.us> Subject: WSB (2) Importance: High Jim - Attached are the following invoices from WSB for November services: Inv# R015355 -000 11— 2020 Economic Services - $1,871.50 213-46301-431990 Inv# R014511-000 10 — Downtown Redev Project - $136.50 213-46301-431990 Okay to pay? Sorry for the short notice but I need to include these in our Wednesday check run. Please review and approve by end of day Tuesday. ThanksH Julie Cheney Finance Assistant City of Monticello 763-271-3205 Julie.Cheney@ci.monticello.mn.us AP@ci.monticello.mn.us ACIOF Monitieflio Email correspondence to and from the City of Monticello government offices is subject to the Minnesota Government Data Practices Act and may be disclosed to third parties. 1 Initiative F❑ U N D AT I a JcITO'Neill, City Administraror C'ily of MOwiccll0 505 WAInol SE, Ste Mom iccllo MN 55362-W2 Pledge Reminder Invoice # i Invoice pate } Balance- 1 3 !2021 Plcdgc - 2021 Alloc_ , 2,390_U0 Ploy; (Endowed) Thank you far supporting the work of the Initiativc Foundation_ 2,390A4 Your contribution will provide support for community and economi; dc%-clopineru kn COINral MilLnesota. Invoice Total 2,190.00 Amount Due $2,390.00 d K I/o�lz� IMPORTANT: Please make payable to Initialive Foundalimi only and mail to; Initiative Foundetion 405 First Street Southeast Little Falls, MN 56345 Phone; 320-532-9255 MINUTES 1REGULAR MEFTiNG - ECONON1IC DE E1LOPMENT AUTHORITY (EDA) Wednesday, October loth, 2020 - 6:00 p.m. R'lississippi boom, kjanticelle ('gmmunity Venter Participants attended in -person and remotely. Commissioners Present: Steve Johnson, Bill Tapper, Jon Morphew, Tracy Hinz, 011ie Korogchak-White, Lloyd Hilgao, and Jim Davidson Staff Present: Jinn Thares. Angela Schumann. and Rachel Leonard 1, fall to Order Steve Johnson called the regular luleeting ofthe ED1 to order at b:40 P.m- 2. Roll Call 3_ Consideration of Additional Amends [lens None. 4, Consent Agenda BIL1. TAP 1)ER MOVED TO ACCEPT THI, ONSENT AGENDA. !1M DAVIDSON SF -CO DED THE MOTION. MOTION CARRIED, 7-0. a. Consideration of Apig rovine Re ular Meetin Minutes - Se tember 9 21120 Retoinmendation: Approve, Regular Meeting Minutes - September 9, 2020- b. C:onsiderstion of A P pro%'in V4'0rk1hO I eetiny ;4linules - Septernber 9 2020 R ommi�ndauon: Approve Workshop Meeting Minutes - September 9, 2020, c. Consideration of Aipproving Pa ruent of Sills Recommendation. Approve payment Of bills through, SePtember. d. Consideration of approving a CY 2021 Contribution to the Initiative Foundation's Collinid"itY and Economic Iles-ela ment Pro rams in the amount ai $2.39i1 Recommendation. }approve a CY 2021 contribution to the Initiative Foundation's cornmunity and economic development programs efforts in the amount of S2,390, Regular Agenda 5. C:onsideration of A pip roviniz Smell Business Emer ene ° Grant A reements in the Arnount of 55 000 to finders KeepSrs Gift & Consi nment' Asian Cafe Sushi Grill' All Four Kids LLC- IC Enter rises LLC dba C:a itan Paneho Villa; liandle Bars Barhersho Vivian iV guyes, Inc. dbs PS Nails• Hali J Design s dba Classi ue Rennroic Develnpnient Awhoriry iulipolcs - Cktober 14'11, 2020 Page 115 Accounts Payable Transactions b Account CITY F User: Debbie.Davidonti effo Printed: 01/19/2021 - 2:3 2:31PM Batch: 00201.01.2021 Account Number Vendor Description GL Date Check No Amount PO No 213-46301-438200 CITY OF MONTICELLO 7256-004 - 130 Brdwy- Stormwtr 12/31/2020 0 12.25 213-46301-438200 CITY OF MONTICELLO 7256-007 - 103 Pine St- EDA 12/31/2020 0 29.34 213-46301-438200 CITY OF MONTICELLO 7256-008 - 112 River St. W EDA 12/31/2020 0 29.34 213-46301-438200 CITY OF MONTICELLO 7256-009 - 300 4th St. E - EDA 12/31/2020 0 0.00 Vendor Subtotal for Dept:46301 70.93 213-46301-443300 US BANK CORPORATE PMT SYS EDAM - 2021 Membership Dues 12/31/2020 0 295.00 Vendor Subtotal for Dept:46301 295.00 Subtotal for Fund: 213 365.93 Report Total: 365.93 AP -Transactions by Account (01/19/2021 - 2:31 PM) Page 1 Vendor Date of Transaction l aI n *D CITY OF MONTICELLO City Hall Card Transaction Please attach the invoice/receipt and any other available documentation to this form. To be completed by purchaser: p0 Amount $ 2-c 5 — Circle purchaser name: Julie Cheney Tracy Ergen Vicki Leerhoff Rachel Leonard Jeff O'Neill Jacob Thunander Sarah Rathlisberger Jennifer Schreiber Angela Schumann Jim Thares Liz Lindrud Empl ee Signature Supervisor Signature V/ 0 . Ac Z Date approved Special Project # or Description Circle department code: 101-41110 City Council 101-41310 Administration 101-41410 City Clerk 101-41520 Finance 101-41800 Human Resources 101-41910 Planning and Zoning 101-41920 Data Processing 101-41940 City Hall 213-46500 conomic Development 213-46301 HRA Circle expense code: 421990 General Operating Supplies 431950 Newsletter Services 431990 Miscellaneous Prof Services 432200 Postage 433100 Travel/Training Expense 443700 Licenses and Permits 443990 Misc. Other Expense Other Jim Thares From: info@edam.org Sent: Thursday, December 17, 2020 3:32 PM To: Jim Thares Subject: Thank you for renewing your membership with EDAM! Dear Jim, You have renewed your Individual Membership for $295.00 and your new membership expiration date is 12/31 /2021. We want to be sure you save the date for the upcoming Winter Conference, to be held on January 21 & 22, likely as a virtual event. We value you as a member and encourage you to participate in all EDAM has to offer: • Enjoy reduced rates on Winter and Summer Conferences/educational events • Build your professional network • Learn best practices in our ever -changing industry • Benefit from legislative representation that amplifies the voice of economic development in Minnesota • Hone your leadership skills by joining a committee • Vote in EDAM elections • Be a part of a dynamic community that works together to benefit all Please take a minute to login to our website at www.edam.org. Once you login you will be able to update your profile, search the member directory, and access past webinars. Our website is also your resource for event information and registration, job postings (and the ability to post them), our legislative policy and much more. Your usemame is usually your email address, unless you have changed it. Your password is private. You can reset it if needed. If you require assistance, call us at 952-928-4640. Jim, we welcome you back to EDAM and look forward to helping you make meaningful connections within our association. Please don't hesitate to contact us with any questions. Thank you, Colleen Eddy Chair Member Services Committee Tim Johnson Vice Chair Member Services Committee Economic Development Association of Minnesota www.edam.ora 1 952-928-4640 This is an automated email sent from EDAM. Please do not reply to this email. It has been sent from an email account that is not monitored. If you feel you have received this message in error, please feel free to contact us at infoOedam.orc. 12/17/2020 Invoice No. 300001710 -Economic Development Association of Minnesota Economic Development Association Invoice of Minnesota Date Invoice # 12/17/2020 300001710 Bill To Jim Thares City of Monticello 505 Walnut Street Suite 1 Monticello, MN 55362 United States Member Information Jim Thares City of Monticello PO Terms Due Date Due on receipt 12/17/2020 Description Amount Individual Membership $295.00 Total $295.00 Payments/Adjustments Description Amount Payment via Credit Card (using card xxxxxxxxxxxx1834) Applied to invoice on 1211712020 4:31:54 PM ($295.00) Total Payments/Adjustments ($295.00) Balance Due $0.00 4248 Park Glen Road Minneapolis, MN 55416 P:(952) 9284640 F: (952) 929-1318 VISA MasterCard Card Number Expiration Date code (required) 3 digit security https:/Iv w .edam.org/members/invoice_view.asp 112 Debbie Davidson From: Sent: To: Subject: Attachments: City of Monticello, MN 505 Walnut St, Ste 1 Monticello, MN 55362 763.271.3228 8 AM to 4:30 PM Account Information Account: Name: Service Address: Service Period: Billing Date: Due Date: Meter Reading noreply@merchanttransact.com Friday, December 4, 2020 9:28 AM AP Your bill from City of Monticello, MN is ready. 121201nvoiceBacklnsert.pdf; 11120Webinserts.pdf 007256-004 MONTICELLO EDA (213-46301) 130 BROADWAY E 11/1/2020 to 11/30/2020 (30 days) 12/3/2020 1/1/2021 Previous Reading Current Reading Serial Date Reading Date Reading Cons Current Charges Water: ACH CREDIT - AUTO PAY ($1.25) Water: EBILL CREDIT ($0.50) Stormwater: STORMWATER / NON-RESIDENTIAL $14.00 Total Current Charges: $12.25 Bill Summary Previous Balance: $12.25 Payments Received: $12.25 Adjustments: $0.00 Current Charges: $12.25 * Total Amount Due by: 1/1/2021 $12.25 * This was the amount due at the time of billing. To view your amount due at the current time and make a payment click here. Auto payment is setup for this customer account, do not pay. 1 Debbie Davidson From: Sent: To: Subject: Attachments: City of Monticello, MN 505 Walnut St, Ste 1 Monticello, MN 55362 763.271.3228 8 AM to 4:30 PM Account Information Account: Name: Service Address: Service Period: Billing Date: Due Date: Meter Reading Serial Current Charges noreply@merchanttransact.com Friday, December 4, 2020 9:28 AM AP Your bill from City of Monticello, MN is ready. 121201nvoiceBacklnsert.pdf; 11120Webinserts.pdf Previous Reading Date Reading Water: Water: CITY WATER - NON-TAXABLE Water: ACH CREDIT - AUTO PAY Water: EBILL CREDIT Water: WATER - STATE CONNECTION FEE Sewer: SEWER - COMMERCIAL Stormwater: STORMWATER / NON-RESIDENTIAL Total Current Charges: Bill Summary Previous Balance: Payments Received: Adjustments: Current Charges: * Total Amount Due by: 1/1/2021 * This was the amount due at the time of billing. 007256-007 MONTICELLO EDA (213-46301) 103 PINE ST 11/1/2020 to 11/30/2020 (30 days) 12/3/2020 1/1/2021 Current Reading Date Reading To view your amount due at the current time and make a payment click here. Auto payment is setup for this customer account, do not pay. Cons $0.00 $7.10 ($1.25) ($0.50) $0.81 $9.18 $14.00 $29.34 $29.34 $29.34 $0.00 $29.34 $29.34 1 Debbie Davidson From: Sent: To: Subject: Attachments: City of Monticello, MN 505 Walnut St, Ste 1 Monticello, MN 55362 763.271.3228 8 AM to 4:30 PM Account Information Account: Name: Service Address: Service Period: Billing Date: Due Date: Meter Reading noreply@merchanttransact.com Friday, December 4, 2020 9:28 AM AP Your bill from City of Monticello, MN is ready. 121201nvoiceBacklnsert.pdf; 11120Webinserts.pdf Previous Reading Serial Date Reading 68621907 11/1/2020 43854 Current Charges Water: Water: CITY WATER - NON-TAXABLE Consumption Water: CITY WATER - NON-TAXABLE Water: ACH CREDIT - AUTO PAY Water: EBILL CREDIT Water: WATER - STATE CONNECTION FEE Sewer: SEWER - COMMERCIAL Consumption Sewer: SEWER - COMMERCIAL Stormwater: STORMWATER / NON-RESIDENTIAL Total Current Charges: Bill Summary Previous Balance: Payments Received: Adjustments: Current Charges: * Total Amount Due by: 1/1/2021 * This was the amount due at the time of billing. 007256-008 MONTICELLO EDA (213-46301) 112 RIVER ST W 11/1/2020 to 11/30/2020 (30 days) 12/3/2020 1/1/2021 Current Reading Date Reading Cons 12/1/2020 43855 1 $0.00 $0.00 $7.10 ($1.25) ($0.50) $0.81 $0.00 $9.18 $14.00 $29.34 $29.34 $29.34 $0.00 $29.34 $29.34 To view your amount due at the current time and make a payment click here. i Auto payment is setup for this customer account, do not pay. Accounts Payable Transactions by Account CITY F �User: Debbie.Davidson effo Printed: 02/01/2021 - 2:40PM Batch: 00215.01.2021 Account Number Vendor Description GL Date Check No Amount PO No 213-46301-438100 XCEL ENERGY 51-13295413-8 -103 Pine St- EDA O1/31/2021 0 46.71 Vendor Subtotal for Dept:46301 46.71 Subtotal for Fund: 213 46.71 Report Total: 46.71 AP -Transactions by Account (02/01/2021 - 2:40 PM) Page I NORTHERN STATES POWER COMPANY Page 1 of 4 Xcel Energy® RESPONSIBLE BY NATURE® QUESTIONS ABOUT YOUR BILL? See our website: xcelenergy.com Email us at: Customerservice@xcelenergy.com Please Call: 1-800-481-4700 Hearing Impaired: 1-800-895-4949 Fax: 1-800-311-0050 Or write us at: XCEL ENERGY PO BOX 8 EAU CLAIRE WI 54702-0008 MAILING ADDRESS ACCOUNT NUMBER 1 CITY MONTICELLO ECONOMIC DEV AUTH 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 51-0013295413-8 01/06/2021 STATEMENT NUMBER STATEMENT DATE 711673865 12/08/2020 $257.10 ACCOUNT BALANCE (Balance de su cuenta) Previous Balance As of11/01 $1,847.47 Payment Received Phone Pay 11/12-$1,719.13 CR Balance Forward $128.34 Current Charges $128.76 Amount Due (Cantidad a pagar) $257.10 PREMISES SUMMARY PREMISES NUMBER PREMISES IDENTIFIER PREMISES DESCRIPTOR CURRENT BILL 302923602 103 PINE ST EDA- $46.71 303409149 112 W RIVER ST PW Split - $82.05 Total INFORMATION ABOUT YOUR BILL Thankyouforyourpayment. 7 XcelEnergy RETURN BOTTOM PORTION WITH YOUR PAYMENT • PLEASE DO NOT USE STAPLES, TAPE OR PAPER CLIPS ACCOUNT NUMBER I DUE DATE 51-0013295413-8 01/06/2021 $257.10 Your bill is paid through a In automated bank payment plan. ------ manifest line--------- I"I�III"�'I'�'�I'Illllll�ll�l'Il��lll�l��ll�lll'I�I'I�IIII'I��' CITY MONTICELLO ECONOMIC DEV AUTH 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 N M O O O $128.76 f . Automated Bank Payment 1 2 3 4 5 n 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 I..I�III"�'I'�'�I'IIIIIII�II�I'II��III�I��II�III�I�I'I�IIII'I��' XCEL ENERGY P.O. BOX 9477 MPLS MN 55484-9477 32 5101OL21 00132954138 0000001287600000025710 Page 2 of 4 Xcel Energy MAILING ADDRESS ACCOUNT NUMBER CITY MONTICELLO ECONOMIC DEV AUTH 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 51-0013295413-8 /06/2021 ;$257.10 STATEMENT NUMBER STATEMENT DATE 711673865 12/08/2020 SERVICE ADDRESS: 103 PINE ST MONTICELLO, MN 55362-8564 NEXT READ DATE: 01/07/21 ELECTRICITY SERVICE DETAILS PREMISES NUMBER: 302923602 INVOICE NUMBER: 0875125591 READINGMETER METER 3632365 - Multiplier x 40 Read Dates: 10/31 /20-12/02/20 (32 Days) DESCRIPTION CURRENT READING PREVIOUS READING MEASURED USAGE BILLED USAGE Total Energy 21389 Actual 21385 Actual 4 160 kWh Demand Actual 0.4 kW Billable Demand 0 kW ELECTRICITY CHARGES RATE: Sm Gen Svc (Metered) DESCRIPTION USAGE UNITS RATE CHARGE Basic Service Chg $10.00 Energy Charge Winter 160 kWh $0.077570 $12.41 Fuel Cost Charge 160 kWh $0.025438 $4.07 Decoupling Adj 160 kWh $0.002849 $0.46 Affordability Chrg $1.27 Resource Adjustment $1.12 Subtotal $29.33 City Fees $5.50 Transit Improvement Tax 0.50% $0.18 State Tax 6.875% $2.40 Total $37.41 OTHER RECURRING CHARGES DETAILS INVOICE NUMBER: 875125552 ADDRESS: 103 PINE ST MONTICELLO, MN 55362-8564 UNIT DESCRIPTION USAGE UNITS CHARGE QTY CHARGE Install Number 157123 10/31/20to 12/01/20 rM1' PAYMENT ARRANGEMENTS ARE 5 Zz AVAILABLE THROUGH MY ACCOUNT. If your business is having trouble paying the total balance due, you might be eligible to sign up for a payment arrangement — with a determined down payment and up to three monthly installments — online through My Account. The monthly payments will include your current mpnth's bill, plus the agreed upon monthly payment arrangement amount. You can also view the status of your payment arrangement at anytime Through My Account. Visit xcelenergy,com/141yAccount and click on Pay Now to sign up. a Page 3 of 4 Xcel Energy MAILING ADDRESS ACCOUNT NUMBER CITY MONTICELLO ECONOMIC DEV AUTH 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 51-0013295413-8 /06/2021 ;$257.10 STATEMENT NUMBER STATEMENT DATE 711673865 12/08/2020 OTHER RECURRING CHARGES DETAILS INVOICE NUMBER: 875125552 ADDRESS: 103 PINE ST MONTICELLO, MN 55362-8564 UNIT DESCRIPTION USAGE UNITS CHARGE OTY CHARGE 100 WATT HIPS AREA CO OWN Auto Protective Lgt 53 kWh $7.41 1 $7.41 Fuel Cost Charge $1.05 Resource Adjustment $0.20 Subtotal $8.66 N Transit Improvement Tax $0.05 N M State Tax $0.59 0 Total $9.30 Premises Total $46.71 DAILY AVERAGES Last Year r• Temperature 27' F Electricity kWh 4.8 Electricity Cost $1.05 INFORMATION ABOUT YOUR BILL For an average non -demand customer, 68% of your bill refers to power plant costs, 15% to high voltage line costs, and 17% to the cost of local wires connected to your business. For an average demand -billed customer, 78% of your total bill refers to power plant costs, 15% to high voltage lines, and 7% to the cost of local wires connected to your business. DON'T GET SDAMMED. Scammers can spoof phone numbers to look like the call is coming from us. If someone calls and threatens to turn off your power if you don't pay immediatelyr or asks for your account number to refund an overpayment, hang up and Check your account status using My Accauntr our Xcel Energy mobile app, or call us at 800-895-4999, C2 V m N 0 0 Page 4 of 4 Xcel Energy DAILY AVERAGES Last Year Temperature 27' F Electricity kWh 5.2 Electricity Cost $2.92 MAILING ADDRESS ACCOUNT NUMBER 11 1 CITY MONTICELLO ECONOMIC DEV AUTH 505 WALNUT ST STE 1 MONTICELLO MN 55362-8831 51-0013295413-8 01/06/2021 STATEMENT NUMBER STATEMENT DATE 711673865 12/08/2020 $257.10 SERVICE ADDRESS: 112 W RIVER ST MONTICELLO, MN 55362-8766 NEXT READ DATE: 01/07/21 ELECTRICITY SERVICE DETAILS PREMISES NUMBER: 303409149 INVOICE NUMBER: 0875132364 READINGMETER METER 15062258 Read Dates: 11/01/20-12/02/20 (31 Days) DESCRIPTION CURRENT READING PREVIOUS READING USAGE Total Energy 68790 Actual 68719 Actual 71 kWh Demand Actual 0.5 kW Billable Demand 1 kW ELECTRICITY CHARGES RATE: General Service DESCRIPTION USAGE UNITS RATE CHARGE Basic Service Chg $25.64 Energy Charge 71 kWh $0.034070 $2.42 Fuel Cost Charge 71 kWh $0.024507 $1.74 Sales True Up 71 kWh $0.001950 $0.14 Demand Charge Winter 1 kW $10.490000 $10.49 Affordability Chrg $3.60 Resource Adjustment $1.38 Subtotal $45.41 City Fees $31.00 Transit Improvement Tax 0.50% $0.39 State Tax 6.875% $5.25 Total $82.05 Premises Total $82.05 INFORMATION ABOUT YOUR BILL For an average non -demand customer, 68% of your bill refers to power plant costs, 15% to high voltage line costs, and 17% to the cost of local wires connected to your business. For an average demand -billed customer, 78% of your total bill refers to power plant costs, 15% to high voltage lines, and 7% to the cost of local wires connected to your business. DON'T GET SDAMMED. Scammers can spoof phone numbers to look like the call is coming from us. If someone calls and threatens to turn off your power if you don't pay immediatelyr or asks for your account number to refund an overpayment, hang up and Check your account status using My Accauntr our Xcel Energy mobile app, or call us at 800-895-4999, Iu EDA Agenda — 02/10/21 5c. Consideration of Consent of Assignment and Assumption of Contract for Private Redevelopment and Tax Increment Financing (TIF) Revenue Note between Rivertown Residential Suites, LLC and GCRE — Rivertown, LLC Related to Property Transfer (JT) A. REFERENCE AND BACKGROUND The EDA is asked to approve a "Consent" to the Assignment and Assumption of the Contract for Private Redevelopment and Tax Increment Financing (TIF) Revenue Note between Rivertown Residential Suites, LLC and GCRE — Rivertown, LLC related to a proposed transfer of the 47-unit apartment property. The proposed Assignment and Assumption document was prepared by the private parties involved in the transaction and reviewed and final edited by the EDA attorney. As a reminder, a Contract for Private Redevelopment was entered into between the EDA and Rivertown Residential Suites, LLC (Briggs Companies) in July 2018 when TIF District 1- 40 was created to support the development of the 47-unit apartment building. TIF District 1-40 was established as a 26-year Affordable Housing District. The Contract for Private Redevelopment requires that 20 percent of the units (10 units) be made available to households with incomes at or below 50 percent of the area median income (AMI). Wright County income thresholds are used as basis for determining household eligibility. The Assignment document transfers the Contract obligations and the rights to the TIF payments to the new owner, GCRE — Rivertown, LLC, including the annual certification of income verification for the affordable housing units. The Assignment document will not impact the original plan, as adopted, for TIF District 1-40. The first tax increment collections are expected to occur in June 2021. Al. Budget Impact: There is a minimal budget impact to the EDA related to the Consideration of Consenting to the Assignment and Assumption Agreement between Rivertown Residential Suites, LLC and GCRE — Rivertown, LLC. The EDA attorney's expense in reviewing and editing the Assignment will be invoiced to the property buyer, GCRE — Rivertown, LLC. In-house staff costs related to completing the report are budgeted in the 2021 EDA General Fund Budget. A2. Staff Workload Impact: An estimate of 10 to 12 hours of staff time has been committed in research and communication tasks as well as in reviewing and editing the Assignment and Assumption Agreement. A3. Strategic Plan Impact: N/A B. ALTERNATIVE ACTIONS 1. Motion to approve the EDA's Consent to an Assignment and Assumption Agreement of the Contract for Private Redevelopment and TIF Revenue Note between Rivertown Residential Suites, LLC and GCRE — Rivertown, LLC related to a proposed transfer of the 47-unit apartment property. 2. Motion of other as determined by the EDA. C. STAFF RECOMMENDATION Staff recommends Alternative 1. The EDA is considering its Consent to the Assignment and Assumption as an awareness -informational step rather than as a legal requirement. Since the EDA previously issued a Certificate of Completion (indicating satisfactory performance of the development under the Contract terms) to Rivertown Residential Suites, LLC (Briggs Companies) in October 2020, it no longer has authority of approval or denial of the developer's actions related to the proposed sale. The document that was presented to the EDA includes a "Consent" feature and the EDA attorney has indicated that is acceptable, though it is not required. Based on staff discussion with the buyer, there is a strong degree of comfort that the purchase of the 47-unit property by GCRE — Rivertown, LLC is expected to result in continued high level of professional property management in the future. GCRE (Granite City Real Estate) currently manages a significant number of apartment properties throughout the St. Cloud region. Information regarding GCRE is attached as Exhibits E and F. D. SUPPORTING DATA A. Assignment and Assumption Agreement — Clean Version B. Assignment and Assumption Agreement — Redline C. Contract for Private Redevelopment D. Certificate of Completion E. GCRE — Property Management Information F. GCRE — Owner Borrower Principal Resumes ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PRIVATE REDEVELOPMENT THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PRIVATE REDEVELOPMENT (this "Assignment"), made as of this day of , 2021, by and between Rivertown Residential Suites, LLC, a Minnesota limited liability company ("Assignor"), and GCRE — Rivertown, LLC, a Delaware limited liability company ("Assignee"). WITNESSETH: A. The City of Monticello Economic Development Authority (the "Authority") and Assignor entered into that certain Contract for Private Redevelopment dated July 11, 2018 (the "Contract") providing, among other things, for the construction of approximately 47 rental units and associated structured underground and surface parking (the "Minimum Improvements") on the property legally described within the Contract (the "Development Property") within the City of Monticello (the "City"). B. Pursuant to the Contract, the Assignor shall remain bound by all of the Redeveloper's obligations under the Contract unless the Assignor submits to the Authority written evidence of any transfer or assignment, including the transferee or assignee's express assumption of the Redeveloper's obligations under the Contract. C. Assignor wishes to assign its rights and obligations under the Contract to Assignee, and to assign to Assignee its right to the Authority's Tax Increment Revenue Note (Rivertown Residential Suites Project) to be issued pursuant to the Contract (the "Note"), and Assignee wishes to purchase the Development Property and assume such rights and obligations under the Contract and accept the assignment of Assignor's interest in the Note, and the Assignor and Assignee intend that this Assignment consitute written evidence of such assignment and assumption. D. The defined terms in the Contract shall have the same meaning hereunder. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 1. Assignor does hereby grant, transfer, and assign to Assignee all of its rights and interests in, to and under the Contract, and all of its right, title and interest in, to and under the Note. 2. Assignee hereby accepts this Assignment and assumes and agrees to faithfully abide by, perform, and discharge each and every term, covenant, and condition of the Contract and the exhibits thereto applicable to the "Developer" first arising from and after the date of this Assignment and to be fully bound by all of the foregoing. Assignee, for value received, further accepts all right, title and interest of Assignor in, to and under the Note and does hereby assume and agree to be bound by and to perform all the covenants, agreements and obligations of Assignor in, to and under the Note arising from and after the date of this Assignment. Assignee hereby agrees to indemnify and hold Assignor harmless from and against any and all claims, expenses, costs, obligations, or other liabilities with respect to the Contract and the Note, arising or incurred from and after the date hereof. 3. Assignor hereby warrants and represents to Assignee as follows: a. The Contract has not been modified or amended and is full force and effect as of the date hereof, and b. To Assignor's knowledge, there is no Event of Default in existence under the Contract, nor is there in existence any state of facts or circumstances which, with the giving of notice or lapse of time or both, would constitute an Event of Default under the Contract. 4. Assignor and Assignee agree that this Assignment shall not be amended or changed in any way without prior written approval of the Authority. 5. This Assignment and Assumption shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall further be for the benefit and reliance of the Authority. 6. This Assignment shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. This Assignment may be executed in counterparts, which counterparts when considered together shall constitute a single, binding, valid and enforceable agreement. [signature pages to follow] 2 IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption Agreement as of the date first indicated above. ASSIGNOR: RIVERTOWN RESIDENTIAL SUITES, LLC By: Its: STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by , the of Rivertown Residential Suites, LLC., a Minnesota limited liability company, on behalf of the company. Notary Public ASSIGNEE: GCRE — RIVERTOWN, LLC Its: STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2021, by , the of GCRE — Rivertown, LLC, a Delaware limited liability company, on behalf of the company. Notary Public This document was drafted by: Claudia M. Revermann, #0317664 Revermann Law, P.A. 1623 Division Street Waite Park, MN 56387 CONSENT OF AUTHORITY The Authority hereby consents to the foregoing Assignment and Assumption of Contract for Private Redevelopment and acknowledges and agrees that Assignor is hereby released from all covenants and obligations under the Contract and the Note accruing after the date hereof. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by and , the President and Executive Director of the City of Monticello Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the public body. Notary Public 5 ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PRIVATE REDEVELOPMENT THIS ASSIGNMENT AND ASSUMPTION OF CONTRACT FOR PRIVATE REDEVELOPMENT (this `Assignment'), made as of this day of , 2021, by and between Rivertown Residential Suites, LLC, a Minnesota limited liability company (`Assignor'), and GCRE — Rivertown, LLC, a Delaware limited liability company (`Assignee'). WITNESSETH: A. The Housing and Redevelopment Authority ; and for- the City of Monticello Economic Development Authority (the `Authority') and Assignor entered into that certain Contract for Private Redevelopment dated July 11, 2018 (the "Contract') providing, among other things, for the construction of approximately 47 rental units and associated structured underground and surface parking (the `Minimum Improvements') on the property legally described within the Contract (the `Development Property') within the City of Monticello (the "City'). B- Pursuant to the Contract, the Assignor shall remain bound by all of the Redeveloper's obligations under the Contract unless the Assignor submits to the Authority written evidence of any transfer or assignment, including the transferee or assignee's ex rp ess assumption of the Redeveloper's obligations under the Contract. C- E—Assignor wishes to assign its rights and obligations under the Contract to Assignee, and to assign to Assignee its right to the Authority's Tax Increment Revenue Note (Rivertown Residential Suites Project) to be issued pursuant to the Contract (the `Note'), and Assignee wishes to purchase the Development Property and assume such rights and obligations under the Contract and accept the assignment of Assignor's interest in the Note. G.— Note withatit the eensent of the . and the Assignor and Assignee intend that this Assignment consitute written evidence of such assignment and assum tp ion. D. The defined terms in the Contract shall have the same meaning hereunder. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignor does hereby grant, transfer, and assign to Assignee all of its rights and interests in, to and under the Contract, and all of its right, title and interest in, to and under the Note. 2. Assignee hereby accepts this Assignment and assumes and agrees to faithfully abide by, perform, and discharge each and every term, covenant, and condition of the Contract and the exhibits thereto applicable to the `Developer" first arising from and after the date of this Assignment and to be fully bound by all of the foregoing. Assignee, for value received, further accepts all right, title and interest of Assignor in, to and under the Note and does hereby assume and agree to be bound by and to perform all the covenants, agreements and obligations of Assignor in, to and under the Note arising from and after the date of this Assignment. Assignee hereby agrees to indemnify and hold Assignor harmless from and against any and all claims, expenses, costs, obligations, or other liabilities with respect to the Contract and the Note, arising or incurred from and after the date hereof. 3. Assignor hereby warrants and represents to Assignee as follows: a. The Contract has not been modified or amended and is full force and effect as of the date hereof; and b. To Assignor's knowledge, there is no Event of Default in existence under the Contract, nor is there in existence any state of facts or circumstances which, with the giving of notice or lapse of time or both, would constitute an Event of Default under the Contract. 4. Assignor and Assignee agree that this Assignment shall not be amended or changed in any way without prior written approval of the Authority. 5. This Assignment and Assumption shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto and shall further be for the benefit and reliance of the Authority. 6. This Assignment shall be governed by and construed in accordance with the laws of the State of Minnesota. 7. This Assignment may be executed in counterparts, which counterparts when considered together shall constitute a single, binding, valid and enforceable agreement. [signature pages to follow] 2 IN WITNESS WHEREOF, the parties have executed this Assignment and Assumption Agreement as of the date first indicated above. ASSIGNOR: RIVERTOWN RESIDENTIAL SUITES, LLC By: Its: STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by , the of Rivertown Residential Suites, LLC., a Minnesota limited liability company, on behalf of the company. Notary Public ASSIGNEE: GCRE — RIVERTOWN, LLC Its: STATE OF MINNESOTA ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of , 2021, by , the of GCRE — Rivertown, LLC, a Delaware limited liability company, on behalf of the company. This document was drafted by: Claudia M. Revermann, #0317664 Revermann Law, P.A. 1623 Division Street Waite Park, MN 56387 Notary Public j9 CONSENT OF AUTHORITY The Authority hereby consents to the foregoing Assignment and Assumption of Contract €for Private Redevelopment and acknowledges and agrees that Assignor is hereby released from all covenants and obligations under the Contract and the Note accruing after the date hereof. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of , 2021, by and , the President and Executive Director of the City of Monticello Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the public body. Notary Public 5 Document comparison by Workshare 10.0 on Tuesday, January 19, 2021 4:15:28 PM Input: Document 1 ID Powerpocs://DOCSOPEN/698826/1 Description DOCSOPEN-#698826-vl-Assignment_Assumption_of_T IF Note - Rivertown Document 2 ID Powerpocs://DOCSOPEN/698826/2 Description DOCSOPEN-#698826-v2-Assignment_Assumption_of_T IF Note - Rivertown Rendering set Standard gend: Style change Format change Ilnserted cell I I eted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 6 Deletions 6 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 14 EXECUTION COPY CONTRACT FOR PRIVATE REDEVELOPMENT By and Between CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY and RIVERTOWN RESIDENTIAL SUITES, LLC Dated as of: July 11, 2018 This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: (612) 337-9300 5216190 MNI MN190-156 TABLE OF CONTENTS PREAMBLE............................................................................................................................1 ARTICLE I Definitions SectionI. I. Definitions..........................................................................................................2 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority.......................................................................5 Section 2.2. Representations and Warranties by the Redeveloper.........................................5 ARTICLE III Property Acquisition; Public Redevelopment Costs Section 3.1. Status of the Redevelopment Property...............................................................7 Section 3.2. Environmental Conditions.................................................................................7 Section 3.3. Public Redevelopment Costs; Issuance of Note................................................7 Section 3.4. Other Assistance................................................................................................7 Section 3.5. Payment of Administrative Costs......................................................................8 Section 3.6. No Business Subsidy..........................................................................................9 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements.......................................................10 Section 4.2. Construction Plans...........................................................................................10 Section 4.3. Completion of Construction.............................................................................I I Section 4.4. Certificate of Completion................................................................................11 Section 4.5. Records and Reports........................................................................................I I Section4.6. Income Limits.................................................................................................. I I ARTICLE V Insurance Section5.1. Insurance..........................................................................................................14 Section5.2. Subordination...................................................................................................15 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes...................................................................16 Section6.2. Review of Taxes..............................................................................................16 i 5216190 MNI MN190-156 ARTICLE VII Financing Section7.1. Generally..........................................................................................................18 Section 7.2. Authority's Option to Cure Default on Mortgage............................................18 Section 7.3. Modification; Subordination............................................................................I S ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment...............................................................19 Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement...............................................................................19 Section 8.3. Release and Indemnification Covenants..........................................................21 ARTICLE IX Events of Default Section 9.1. Events of Default Defined...............................................................................22 Section 9.2. Remedies on Default........................................................................................22 Section 9.3. No Remedy Exclusive......................................................................................22 Section 9.4. No Additional Waiver Implied by One Waiver...............................................23 Section9.5. Attorney Fees...................................................................................................23 Section 9.6. Redeveloper's Remedies on Default................................................................23 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable ....... 24 Section 10.2. Equal Employment Opportunity......................................................................24 Section 10.3. Restrictions on Use..........................................................................................24 Section 10.4. Provisions Not Merged With Deed..................................................................24 Section 10.5. Titles of Articles and Sections.........................................................................24 Section 10.6. Notices and Demands......................................................................................24 Section10.7. Counterparts.....................................................................................................25 Section10.8. Recording.........................................................................................................25 Section10.9. Amendment......................................................................................................25 Section 10.10. Authority Approvals........................................................................................25 Section10.11. Termination......................................................................................................25 Section 10.12. Choice of Law and Venue................................................................................25 SCHEDULE A Description of Redevelopment Property SCHEDULE B Authorizing Resolution SCHEDULE C Certificate of Completion SCHEDULED Form of Income Verification ii 5216190 MNI MN190-156 CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made as of the I Ith day of July, 2018, by and between CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic and a political subdivision under the laws of the State of Minnesota (the "Authority"), and RIVERTOWN RESIDENTIAL SUITES, LLC, a Minnesota limited liability company (the "Redeveloper"). WITNESSETH: WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello (the "HRA") and the City of Monticello (the "City") previously created the Central Monticello Redevelopment Project No. 1 (the "Redevelopment Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), and adopted a redevelopment plan for the Redevelopment Project; and WHEREAS, the Authority was established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act"), and was authorized to transact business and exercise its powers by a resolution of the City Council of the City, which also transferred the control and responsibility for the Redevelopment Project from the HRA to the Authority; and WHEREAS, the Authority and City have approved a Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 1-40 (the "TIF District"), a housing district within the Redevelopment Project, pursuant to Minnesota Statutes, Sections 469.174 to 469.1794 (the "TIF Act"); and WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, the Redeveloper intends to acquire certain property within the TIF District (the "Redevelopment Property") and to construct a multifamily rental housing facility (the "Minimum Improvements") on the Redevelopment Property, and has requested tax increment financing assistance from the Authority to offset certain extraordinary costs of constructing such Minimum Improvements; and WHEREAS, the Authority believes that the redevelopment of the Redevelopment Property pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1 5216190 MNI MN190-156 ARTICLE I Defimitions Section I.I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1081, as amended. "Affiliate" means with respect to any entity (a) any corporation, partnership, limited liability company or other business entity or person controlling, controlled by or under common control with the entity, and (b) any successor to such party by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling", "controlled by" and "under common control with" shall mean, with respect to any corporation, partnership, limited liability company or other business entity, the ownership of fifty percent or more of the voting interests in such entity or possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether through ownership of voting securities or by contract or otherwise. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the City of Monticello Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Authorizing Resolution" means the resolution of the Authority, substantially in the form of attached Schedule B to be adopted by the Authority to authorize the issuance of the Note. "Available Tax Increment" means, on each Payment Date, 90 percent of the Tax Increment attributable to the Redevelopment Property and paid to the Authority by Wright County in the six months preceding the Payment Date. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any part, parcel or unit of the Redevelopment Property, pursuant to Section 4.4 of this Agreement. 2 5216190 MNI MN190-156 "City" means the City of Monticello, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redevelopment Property which a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Wright, Minnesota. "Event of Default" means an action by the Redeveloper listed in Article IX of this Agreement. "Holder" means the owner of a Mortgage. "HRA Act" means the Housing and Redevelopment Authority Act, Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Minimum Improvements" means the construction by the Redeveloper on the Redevelopment Property of a multifamily rental housing facility, consisting of approximately 47 rental units, and associated structured underground and surface parking. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII of this Agreement. "Note" means the Tax Increment Revenue Note, substantially in the form contained in the Authorizing Resolution, to be delivered by the Authority to the Redeveloper in accordance with Section 3.3 hereof. "Payment Date" means August 1 of the year following substantial completion of the Minimum Improvements and each February 1 and August 1 thereafter pursuant to the terms of the Note. "Public Redevelopment Costs" has the meaning provided in Section 3.3(a) hereof. "Redeveloper" means Rivertown Residential Suites, LLC or its permitted successors and assigns. "Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment Project, as amended. 5216190 MNI MN190-156 No. 1. "Redevelopment Project" means the Authority's Central Monticello Redevelopment Project "Redevelopment Property" has the meaning provided in Section 3.1 hereof. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Redevelopment Property and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. The term Tax Increment does not include any amounts retained by or payable to the State auditor under Section 469.177, subd. 11 of the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended. "Tax Increment District" or "TIF District" means the Authority's Increment Financing District No. 1-40 (Briggs Multifamily Housing). "Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing Plan for Tax Increment Financing District No. 1-40 (Briggs Multifamily Housing), as approved by the City on June 26, 2018, and as it may be amended. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Termination Date" means the earlier of the following: (a) the date when the Note has been fully paid, defeased or terminated in accordance with its terms; or (b) the date of termination of the Note and this Agreement by the Authority due to an Event of Default as set forth in Section 9.2 hereof. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays directly caused by actions or inaction of the Redeveloper in obtaining permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement. 4 5216190 MNI MN190-156 ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. The Authority makes the following representations as the basis for the undertaking on its part herein contained: (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The activities of the Authority are undertaken to foster the redevelopment of certain real property which for a variety of reasons is presently underutilized, to create increased tax base in the City, to increase affordable housing opportunities in the City, and to stimulate further development of the TIF District and Redevelopment Project as a whole. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability company duly organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its organizational documents or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its governing members. (b) After acquisition of the Redevelopment Property and on or prior to the dates specified in Section 4.3 hereof, the Redeveloper will commence and complete construction of, and operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the Authority in the Redevelopment Project may be or will be in violation of any environmental law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, state or federal environmental law, regulation or review procedure. (d) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met before the Minimum Improvements may be lawfully constructed. (e) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and 5 5216190 MNI MN190-156 conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (f) Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreement, and the Authority prevails in such action, the Redeveloper agrees that it shall, within ten days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. (g) The proposed development by the Redeveloper hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. (h) The Redeveloper is not currently in default under any business subsidy agreement with any grantor, as such terms are defined in the Business Subsidy Act. (The remainder of this page is intentionally left blank.) 6 5216190 MNI MN190-156 ARTICLE III Property Acquisition, Conveyance; Public Redevelopment Costs Section 3.1. Status of the Redevelopment Property. (a) As of the date of this Agreement, the Redeveloper has entered into a purchase agreement with a third party for the purchase of the Redevelopment Property. If all contingencies in the purchase agreement are satisfied, the Redeveloper will acquire the Redevelopment Property on or before July 12, 2018. The Authority has no obligation to acquire any portion of the Redevelopment Property. Section 3.2. Environmental Conditions. (a) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils on the Redevelopment Property or the fitness of the Redevelopment Property for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and that the assistance provided to the Redeveloper under this Agreement neither implies any responsibility by the Authority or the City for any contamination of the Redevelopment Property or poor soil conditions nor imposes any obligation on such parties to participate in any cleanup of the Redevelopment Property or correction of any soil problems (other than the financing described in this agreement). (b) Without limiting its obligations under Section 8.3 of this Agreement the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the Redevelopment Property, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.3. Public Redevelopment Costs; Issuance of Note. (a) Generally. If the Redeveloper acquires the Redevelopment Property, in order to make construction of the Minimum Improvements financially feasible, the Authority will reimburse the Redeveloper for a portion of the Public Redevelopment Costs incurred by the Redeveloper in accordance with this section. The term "Public Redevelopment Costs" means costs of acquisition of the Redevelopment Property, and costs of site preparation, public improvements including without limitation street parking and sidewalk improvements, costs of construction of the affordable housing units of the Minimum Improvements, and structured parking on the Redevelopment Property (to the extent such structured parking costs exceed the amounts paid by the Authority under Section 3.4 hereof). (b) Terms. To reimburse the Public Redevelopment Costs incurred by Redeveloper, the Authority shall issue and the Redeveloper shall purchase the Note in the maximum principal amount of $785,000. The Authority shall issue and deliver the Note upon compliance by the Redeveloper with the following conditions: 7 5216190 MNI MN190-156 (i) delivered to the Authority one or more certificates signed by the Redeveloper's duly authorized representative, containing the following: (i) a statement that each cost identified in the certificate is a Public Redevelopment Cost as defined in this Agreement and that no part of such cost has been included in any previous certification; (ii) evidence that each identified Public Redevelopment Cost has been paid or incurred by or on behalf of the Redeveloper; and (iii) a statement that no uncured Event of Default by the Redeveloper has occurred and is continuing under the Agreement. The Authority may, if not satisfied that the conditions described herein have been met, return any certificate with a statement of the reasons why it is not acceptable and requesting such further documentation or clarification as the Authority may reasonably require; (ii) submitted and obtained Authority approval of financing in accordance with Section 7.1; and (iii) delivered to the Authority an investment letter in a form reasonably satisfactory to the Authority. The terms of the Note will be substantially those set forth in the form of the Note shown in Schedule B, and the Note will be subject to all terms of the Authorizing Resolution, which is incorporated herein by reference. (c) Termination of right to Note. All conditions for delivery of the Note must be met by no later than the date which is less than five (5) years after the date of certification of the TIF District by the County and complies with the so-called five-year rule under Section 469.1763, subd. 3(c) of the TIF Act. If the conditions for delivery of the Note are not satisfied by the date described in this paragraph, the Authority has no further obligations under this Section 3.3. (d) Assignment of Note. The Authority acknowledges that the Redeveloper may assign the Note to a third party. The Authority consents to such an assignment, conditioned upon receipt of an investment letter from such third party in a form reasonably acceptable to the Authority, and will reasonably execute any document evidencing such assignment within 30 days after receipt and review by Authority's legal counsel. (e) Qualifications. The Redeveloper understands and acknowledges that all Public Redevelopment Costs must be paid by the Redeveloper and will be reimbursed from Available Tax Increment pursuant to the terms of the Note. The Authority makes no representations or warranties regarding the amount of Tax Increment, or that revenues pledged to the Note will be sufficient to pay the principal and interest on the Note. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Redeveloper may rely. Public Redevelopment Costs exceeding the principal amount of the Note are the sole responsibility of Redeveloper. Section 3.4. Other Assistance. In addition to the reimbursement of a portion of Redeveloper's Public Redevelopment Costs through issuance of the Note, the Authority will pay a 8 5216190 MNI MN190-156 portion of the costs of excavation and materials necessary to construct the structured parking required in connection with construction of the Minimum Improvements (the "Authority Grant"), pursuant to and in conformity with the Authority's Policy Statements for Management of Available Tax Increment Financing Funds, adopted by the Authority on January 10, 2018. The Authority Grant shall be in the amount of $400,000. The Authority shall disburse the Authority Grant to the Redeveloper within twenty (20) days after receipt by the Authority of evidence submitted by the Redeveloper of structured parking expenditures paid or incurred by the Redeveloper, in at least the amount of the Authority Grant. Section 3.5. Payment of Administrative Costs. The Authority acknowledges that Redeveloper has deposited with the Authority $10,000. The Authority will use such deposit to pay "Administrative Costs," which term means out of pocket costs incurred by the Authority together with staff costs of the Authority, all attributable to or incurred in connection with the negotiation and preparation of this Agreement, the TIF Plan, and other documents and agreements in connection with the development of the Redevelopment Property. At Redeveloper's request, but no more often than monthly, the Authority will provide Redeveloper with a written report including invoices, time sheets or other comparable evidence of expenditures for Administrative Costs and the outstanding balance of funds deposited. If at any time the Authority determines that the deposit is insufficient to pay Administrative Costs, the Redeveloper is obligated to pay such shortfall within twenty (20) days after receipt of a written notice from the Authority containing evidence of the unpaid costs. If any balance of funds deposited remains upon issuance of the Certificate of Completion pursuant to Section 4.4 of this Agreement, the Authority shall promptly return such balance to Redeveloper; provided that Redeveloper remains obligated to pay subsequent Administrative Costs related to any amendments to this Agreement requested by Redeveloper. Upon termination of this Agreement in accordance with its terms, the Redeveloper remains obligated under this section for Administrative Costs incurred through the effective date of termination. Section 3.6. No Business Subsidy. The parties agree and understand that the primary purpose of any financial assistance to the Redeveloper under this Agreement is to facilitate development of housing and is therefore not a "business subsidy" within the meaning of Minnesota Statutes, Sections I I6J.993 to I I6J.995. The Redeveloper releases and waives any claim against the Authority and its governing body members, officers, agents, servants and employees thereof arising from application of the Business Subsidy Act to this Agreement, including without limitation any claim that the Authority failed to comply with the Business Subsidy Act with respect to this Agreement. (The remainder of this page is intentionally left blank.) 9 5216190 MN1 MN190-156 ARTICLE IV Construction of Minimum Improvements and Public Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that, after acquisition of the Redevelopment Property, and on or prior to the dates provided in Section 4.3 hereof, it will commence and complete construction of the Minimum Improvements on the Redevelopment Property, in accordance with approved Construction Plans and at all times while Redeveloper owns the Redevelopment Property, will operate and maintain, preserve and keep the respective components of the Minimum Improvements or cause such components be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. (a) Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with the TIF Plan, Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations. The Authority Representative will approve the Construction Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the funds available to the Redeveloper from all sources for construction of the Minimum Improvements are adequate to construct the project described in the Construction Plans; and (vi) no Event of Default has occurred. No approval by the Authority Representative shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement or of the Development Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such rejections shall set forth in detail the reasons therefor, and shall be made within 20 days after the date of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or corrected Construction Plans within 20 days after written notification to the Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by the Authority. The Authority Representative's approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority that comply with applicable codes and laws. Neither 10 5216190 MNI MN190-156 the Authority, the City, nor any employee or official of the Authority or City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority, if such changes comply with applicable codes and laws. (b) If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. For the purpose of this section, the term "material" means changes that increase or decrease construction costs by $500,000 or more. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made within ten (10) days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Completion of Construction. Subject to Unavoidable Delays, the Redeveloper must commence construction of the Minimum Improvements by June 1, 2019, and substantially complete construction of the Minimum Improvements by June 1, 2020. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in substantial conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. Subsequent to execution of this Agreement and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, as to the actual progress of the Redeveloper with respect to such construction. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the date for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion in substantially the form attached as Schedule C. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 11 5216190 MNI MN190-156 (b) The Certificate of Completion provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain such certification. (c) The construction of the Minimum Improvements shall be deemed to be commenced when foundations are completed (as reasonably determined by the Authority Representative); and shall be deemed to be substantially complete upon issuance of a certificate of occupancy for the Minimum Improvements, and upon determination by the Authority Representative that all related site improvements on the Redevelopment Property have been substantially completed in accordance with approved Construction Plans, subject to landscaping and/or public art that cannot be completed until seasonal conditions permit. Section 4.5. Records and Reports. (a) The Authority, through any authorized representatives, shall have the right at all reasonable times after reasonable written notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements. Such records shall be kept and maintained by Redeveloper through the Termination Date. (b) The Redeveloper also agrees to submit to the Authority written reports so as to allow the Authority to remain in compliance with reporting requirements under state statutes. The Authority will provide information to the Redeveloper regarding the required forms. Section 4.6. Income Limits. (a) The Authority and the Redeveloper understand and agree that the TIF District will constitute a "housing district" under Section 469.174, subdivision 11 of the TIF Act. The Redeveloper covenants that, for the duration of the TIF District, it will comply with all income requirements for a qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code of 1986, as amended. Specifically, the Redeveloper agrees to reserve at least 20% of the units of the Minimum Improvements for families with incomes at or below 50% of area median income in the County, adjusted for family size. (b) On or before February 2 of each year for the duration of the TIF District, the Redeveloper shall submit evidence in substantially the form in Schedule D, showing that the Minimum Improvements meet the relevant income requirements. The parties agree and understand that the Redeveloper may retain a manager (the "Manager") who will review such evidence and will certify to the Authority that the TIF District remains a housing district under the TIF Act. Redeveloper is responsible for any costs incurred to compensate the Manager (or any successor) for 12 5216190 MNI MN190-156 such activities. (c) If the Authority receives notice from the Manager, if any, the State department of revenue, the State auditor, any Tax Official or any court of competent jurisdiction that the TIF District does not qualify as a "housing district," such event shall be deemed an Event of Default under this Agreement. In addition to any remedies available to the Authority under Article IX hereof, the Redeveloper shall indemnify, defend and hold harmless the Authority for any damages or costs resulting therefrom. (The remainder of this page is intentionally left blank.) 13 5216190 MN1 MN190-156 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so-called "Builder's Risk -- Completed Value Basis," in an amount equal to 100% of the principal amount of the Note, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liability insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above -required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Redeveloper may be self -insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1,000,000, and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self -insured with respect to all or any part of its liability for workers' compensation. 14 5216190 MNI MN190-156 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $250,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. (e) In lieu of its obligation to reconstruct the Minimum Improvements as set forth in this Section, the Redeveloper shall have the option of: (i) paying to the Authority an amount that, in the opinion of the Authority and its fiscal consultant, is sufficient to pay or redeem the outstanding principal and accrued interest on the Note, or (ii) so long as the Redeveloper is the owner of the Note, waiving its right to receive subsequent payments under the Note. (f) The Redeveloper and the Authority agree that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of the Authority with respect to the receipt and application of any insurance proceeds shall, in all respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant to Article VII of this Agreement. 15 5216190 MNI MN 190-156 ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the Authority is providing substantial aid and assistance in furtherance of the redevelopment described in this Agreement, through reimbursement of the Public Redevelopment Costs. The Redeveloper understands that the Tax Increment pledged to payment of the Public Redevelopment Costs is derived from real estate taxes on the Minimum Improvements, which taxes must be promptly and timely paid. To that end, the Redeveloper agrees for itself, its successors and assigns, that in addition to the obligation pursuant to statute to pay real estate taxes, it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the Redevelopment Property and the Minimum Improvements. The Redeveloper acknowledges that this obligation creates a contractual right on behalf of the Authority through the Termination Date to sue the Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Termination Date, it will not cause a reduction in the real property taxes paid in respect of the Redevelopment Property through: (A) willful destruction of the Redevelopment Property or any part thereof; or (B) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement. The Redeveloper also agrees that it will not, prior to the Termination Date, apply for a deferral of property tax on the Redevelopment Property pursuant to any law, or transfer or permit transfer of the Redevelopment Property to any entity whose ownership or operation of the property would result in the Redevelopment Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City or Authority in accordance with this Agreement). (The remainder of this page is intentionally left blank.) 16 5216190 MNI MN190-156 ARTICLE VII Financing Section 7.1. Generally. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the Authority or provide access thereto for review by Authority staff, consultants and agents, evidence reasonably satisfactory to the Authority that Redeveloper has available funds, or commitments to obtain funds, whether in the nature of mortgage financing, equity, grants, loans, or other sources sufficient to construct the Minimum Improvements, provided that any lender or grantor commitments shall be subject only to such conditions as are normal and customary in the commercial lending industry. (b) If the Authority finds that the financing is sufficiently committed and adequate in amount to pay the costs specified in paragraph (a) then the Authority shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within twenty (20) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within ten (10) days after such rejection. Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that there occurs a default under any Mortgage authorized pursuant to Section 7.1 of this Agreement, to the extent the Redeveloper is aware of such default, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents, if negotiated and permitted by the Holder. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage and to the Redeveloper's Tax Credit Investor (as hereinafter defined) a copy of any notice of default given by the Authority pursuant to Article IX of this Agreement. Section 7.3. Modification; Subordination. In order to facilitate the securing of other financing, the Authority agrees to subordinate its rights under this Agreement provided that such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing. Notwithstanding anything to the contrary herein, any subordination agreement must include the provision described in Section 7.2. 17 5216190 MNI MN190-156 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until the issuance of the Certificate of Completion for the Minimum Improvements: (a) Except as specifically described in this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer"), without the prior written approval of the Authority's board of commissioners. The term "Transfer" does not include (i) encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property or to construct the Minimum Improvements or component thereof; (ii) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Minimum Improvements; (iii) admitting or removing limited partners or transferring direct or indirect limited partner interests or interest in the general partner of Redeveloper or admitting or removing members of any of Redeveloper's partners in accordance with the applicable organizational documents, or (iv) removing the general partner of Redeveloper for cause at the direction of its limited partner(s) (whether one or more, the "Tax Credit Investor") in accordance with Redeveloper's partnership agreement. (b) If the Redeveloper seeks to effect a Transfer requiring the approval of the Authority prior to issuance of the Certificate of Completion, the Authority shall be entitled to require as conditions to such Transfer that: (1) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper as to the portion of the Redevelopment Property to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to the Authority and in form recordable in the public land records of Wright County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, 18 5216190 MNI MN190-156 have expressly assumed all of the obligations of the Redeveloper under this Agreement as to the portion of the Redevelopment Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Redevelopment Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Redevelopment Property that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the Redevelopment Property, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. (c) If the conditions described in paragraph (b) are satisfied then the Transfer will be approved and the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redevelopment Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (c) apply to all subsequent transferors, assuming compliance with the terms of this Article. (d) Upon issuance of the Certificate of Completion, the Redeveloper may transfer or assign the Minimum Improvements and/or the Redeveloper's rights and obligations under this Agreement with respect to such property without the prior written consent of the Authority; provided that: (i) until the Termination Date the transferee or assignee is bound by all the Redeveloper's obligations hereunder with respect to the property and rights transferred. The Redeveloper shall submit to the Authority written evidence of any such transfer or assignment, including the transferee or assignee's express assumption of the Redeveloper's obligations under this Agreement. If the Redeveloper fails to provide such evidence of transfer and assumption, the Redeveloper shall remain bound by all obligations with respect to the subject property under this Agreement; and 19 5216190 MNI MN190-156 (ii) upon compliance with clause (d)(i) above (whether the transfer occurred before or after issuance of the Certificate of Completion), the Redeveloper shall be released from its obligations under this Agreement with respect to the property transferred. The provisions of this paragraph (d) apply to all subsequent transferors, assuming compliance with the terms of this Article. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority and the governing body members, officers, agents, servants and employees thereof (the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for any willful or negligent misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, the Redeveloper agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements. (c) Except for any negligence of the Indemnified Parties (as defined in clause (b) above), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. 20 5216190 MNI MN190-156 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non -defaulting party provides 30 days written notice to the defaulting party of the event, but only if the event has not been cured within said 30 days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within such 30-day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failure by the Redeveloper or the Authority to observe or perform any material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement; or (b) The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) makes an assignment for benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; (iv) is adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non -defaulting party may: (a) Suspend its performance under this Agreement until it receives assurances that the defaulting party will cure its Event of Default and continue its performance under the Agreement. (b) Upon an Event of Default by the Redeveloper under this Agreement, the Authority may terminate the Note and this Agreement. (c) Take whatever action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement, provided that nothing contained herein shall give the Authority the right to seek specific performance by Redeveloper of the construction of the Minimum Improvements. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to be exclusive of any other available remedy or remedies, 21 5216190 MNI MN190-156 but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 9.5. Attorney Fees. Whenever any Event of Default occurs (as determined by a final court or administrative order or Redeveloper admissions) and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreement, the Redeveloper agrees that it shall, within 10 days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so incurred by the Authority. Section 9.6 Redeveloper's Remedies on Default. If the Authority fails to make a payment when due in accordance with the terms of Sections 3.3 and 6.3(c) of this Agreement, Redeveloper may, after providing 30 days' written notice to the Authority of the Event of Default, as applicable, suspend or terminate its performance under this Agreement, permit Redeveloper to suspend or terminate its performance under this Agreement and/or take whatever action at law or in equity may appear necessary or desirable to Redeveloper to enforce performance of an outstanding payment obligation of the Authority under this Agreement. If Redeveloper terminates its obligations hereunder, this Agreement shall be deemed terminated and Redeveloper shall have no further obligations hereunder. 22 5216190 MNI MN190-156 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or County or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the operation of the Minimum Improvements for uses described in the definition of such term in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redevelopment Property and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 633 Upland Avenue, Suite C, Elk River, Minnesota 55330; and 23 5216190 MNI MN190-156 (b) in the case of the Authority, is addressed to or delivered personally to the Authority at 505 Walnut Street, Suite 1, Monticello, Minnesota 55362, Attn: Executive Director; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording, The Authority may record this Agreement and any amendments thereto with the Wright County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority Approvals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative. Section 10.11. Termination. This Agreement terminates on the Termination Date. Upon termnation of the Agreement, the Authority shall promptly execute any reasonable documents necessary to remove this Agreement from the title records of the Redevelopment Property. Section 10.12. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 24 5216190 MNI MN 190-156 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY B Its reside B !� Y Its xec tive Director STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 1j"I day of 2018, b ' y �� j�� ,� �() n and s t �_S, the President and Ex utive erector of the City of Monticello Economic Development Authority, a public body corporate and politic, on behalf of the Authority. Notary Public t is VICKI JAN LEERHOFF s, NOTARY PUBLIC MINNESOTA My Commission ExPims 01MMM 25 5216190 MNI MN 190-156 RIVERTOWN RESIDENTIAL SUITES, LLC, a Minnesota Limited Liability Company By 2 Its STATE OF MINNESOTA /> SS. COUNTY OF 2 f ) The flig1jegping instrument was acknowledged b fore F this day of , 2018 by ---� ( the of Rivertown Residential Suites, LL , a Mi esota limited liability company, on b alf of the company. Notary Public PATRICIA K. KOVICH COMM. #6101660 Notary Public *,MY State of Minnesota Cor r ssion Expires 1/31/2ixL0 26 5216190 MNI MN190-156 SCHEDULE A Redevelopment Property Lots 1-3, Block 36, Plat of MONTICELLO, according to the recorded plat thereof, Wright County, Minnesota. A-1 5216190 MNI MN190-156 SCHEDULE B AUTHORIZING RESOLUTION CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. RESOLUTION AWARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF A TAX INCREMENT REVENUE NOTE TO RIVERTOWN RESIDENTIAL SUITES, LLC. BE IT RESOLVED BY the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority, Monticello, Minnesota (the "Authority") as follows: Section 1. Authorization; Award of Sale. 1.01. Authorization. The Authority and the City of Monticello have approved the establishment of its Tax Increment Financing Central Monticello Redevelopment Project No. a tax increment financing plan for the purpose Redevelopment Project. District No. 1-40 (the "TIF District") within ("Redevelopment Project"), and have adopted of financing certain improvements within the Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorized to issue and sell its bonds for the purpose of financing a portion of the public redevelopment costs of the Redevelopment Project. Such bonds are payable from all or any portion of revenues derived from the TIF District and pledged to the payment of the bonds. The Authority hereby finds and determines that it is in the best interests of the Authority that it issue and sell its Tax Increment Revenue Note (Briggs Housing Project) (the "Note") for the purpose of financing certain public redevelopment costs of the Redevelopment Project. 1.02. Approval of Agreement; Issuance, Sale, and Terms of the Note. (a) The Contract for Private Redevelopment between the Authority and Rivertown Residential Suites, LLC (the "Owner"), as presented to the Board, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Agreement by such officials shall be conclusive evidence of approval. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Agreement as a whole, including without limitation execution of any documents to which the Authority is a party referenced in or attached to the Agreement, all as described in the Agreement. 5216190 MNI MN190-156 B-1 (b) The Authority hereby authorizes the President and Executive Director to issue the Note in accordance with the Agreement. All capitalized terms in this resolution have the meaning provided in the Agreement unless the context requires otherwise. (c) The Note shall be issued in the maximum aggregate principal amount of $785,000 to the Owner in consideration of certain eligible costs incurred by the Owner under the Agreement, shall be dated the date of delivery thereof, and shall bear interest at the lesser of Owner's actual mortgage financing rate or 5.50%, from the date of issue per annum to the earlier of maturity or prepayment. The Note will be issued in the principal amount of Public Redevelopment Costs submitted and approved in accordance with Section 3.3 of the Agreement. The Note is secured by Available Tax Increment, as further described in the form of the Note herein. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with the Agreement. Section 2. Form of Note. The Note shall be in substantially the form attached hereto as Exhibit A, with the blanks to be properly filled in and the principal and interest rate amounts adjusted as of the date of issue. Section 3. Terms, Execution and Delivery. 3.01. Denomination, Payment. The Note shall be issued as a single typewritten note numbered R-1. The Note shall be issuable only in fully registered form. Principal of and interest on the Note shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. Principal of and interest on the Note shall be payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perform the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of ownership of the Note and the registration of transfers and exchanges of the Note. (b) Transfer of Note. Subject to Section 3.03(d) hereof, within 15 days after surrender for transfer of the Note duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, and consent to such transfer by the Authority if required pursuant to the Agreement, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requested by the 5216190 MNI MN190-156 B-2 transferor. The Registrar may close the books for registration of any transfer after the fifteenth day of the month preceding each Payment Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is reasonably satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Deemed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Note, whether the Note shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability of the Authority upon such Note to the extent of the sum or sums so paid. (f) Taxes, Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other governmental charge required to be paid with respect to such transfer or exchange. (g) Mutilated, Lost, Stolen or Destroyed Note. In case any Note shall become mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, Termination Dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be named as obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall be prepared under the direction of the Executive Director and shall be executed on behalf of the Authority by the signatures of its President and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner thereof in accordance with the Agreement. 5216190 MNI MN190-156 B_3 Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal of and interest on the Note all Available Tax Increment as defined in the Note. Available Tax Increment shall be applied to payment of the principal of and interest on the Note in accordance with the terms of the form of Note set forth in Section 2 of this resolution. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a separate and special "Bond Fund" to be used for no purpose other than the payment of the principal of and interest on the Note. The Authority irrevocably agrees to appropriate to the Bond Fund on or before each Payment Date the Available Tax Increment in an amount equal to the Payment then due, or the actual Available Tax Increment, whichever is less. Any Available Tax Increment remaining in the Bond Fund shall be transferred to the Authority's account for the TIF District upon the termination of the Note in accordance with its terms. 4.03. Additional Obligations. The Authority will issue no other obligations secured in whole or in part by Available Tax Increment unless such pledge is on a subordinate basis to the pledge on the Note. Section 5. Certification of Proceedings. 5.01. Certification of Proceedings. The officers of the Authority are hereby authorized and directed to prepare and furnish to the Owner of the Note certified copies of all proceedings and records of the Authority, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Effective Date. This resolution shall be effective upon approval. Approved by the Board of Commissioners of the City of Monticello Economic Development Authority on , 2018. President ATTEST: Executive Director 5216190 MNI MN190-156 B-4 UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY No. R-1 $ TAX INCREMENT REVENUE NOTE SERIES 20_ (BRIGGS HOUSING PROJECT) Date Rate of Original Issue % , 20 The City of Monticello Economic Development Authority (the "Authority") for value received, certifies that it is indebted and hereby promises to pay to Rivertown Residential Suites, LLC or registered assigns (the "Owner"), the principal sum of $ and to pay interest thereon at the rate of percent (_%) per annum, solely from the sources and to the extent set forth herein. Capitalized terms shall have the meanings provided in the Contract for Private Redevelopment between the Authority and the Owner, dated as of , 2018 (the "Agreement"), unless the context requires otherwise. 1. Payments. Principal and interest ("Payments") shall be paid on August 1, 20_ and each February 1 and August 1 thereafter ("Payment Dates") to and including February 1, 2046 (the "Maturity Date") in the amounts and from the sources set forth in Section 3 herein. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the date of issue through and including February 1, 20_ shall be added to principal. Payments are payable by mail to the address of the Owner or such other address as the Owner may designate upon thirty (30) days written notice to the Authority. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. (a) Payments on this Note are payable on each Payment Date solely from and in the amount of Available Tax Increment, which shall mean, on each Payment Date, Ninety percent (90%) of the Tax Increment attributable to the Minimum 5216190 MNI MN190-156 B-5 Improvements and Redevelopment Property that is paid to the Authority by Wright County in the six months preceding the Payment Date. (b) The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment. The Authority shall have no obligation to pay any unpaid balance of principal or accrued interest that may remain after the final Payment on the Maturity Date. 4. Default. If on any Payment Date there has occurred and is continuing any Event of Default under the Agreement, the Authority may withhold from payments hereunder under all Available Tax Increment. If the Event of Default is thereafter cured in accordance with the Agreement, the Available Tax Increment withheld under this Section shall be deferred and paid, without interest thereon, within thirty (30) days after the Event of Default is cured. If the Event of Default is not cured in a timely manner, the Authority may terminate this Note by written notice to the Owner in accordance with the Agreement. 5. Prepayment. The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular Payment otherwise required to be made under this Note. 6. Nature of Obligation. This Note is one of an issue in the total principal amount of $ , issued to aid in financing certain public redevelopment costs and administrative costs of a Redevelopment Project undertaken by the Authority pursuant to Minnesota Statutes, Sections 469.090 through 469.1081, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the Authority on , 2018, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.1794, as amended. This Note is a limited obligation of the Authority which is payable solely from Available Tax Increment pledged to the payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and subject to certain limitations set forth therein, this Note is transferable upon the books of the Authority kept for that purpose at the principal office of the City Finance Director, by the Owner hereof in person or by such Owner's attorney duly authorized in writing, upon surrender of this Note together with a written instrument of transfer satisfactory to the Authority, duly executed by the Owner. Upon such 5216190 MNI MN190-156 B-6 transfer or exchange and the payment by the Owner of any tax, fee, or governmental charge required to be paid by the Authority with respect to such transfer or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates, within 15 days after the delivery by the Owner of its request and approval of such request by the Authority if required under the Agreement. Except as otherwise provided in Section 3.3(d) of the Agreement, this Note shall not be transferred to any person or entity, unless the Authority has provided written consent to such transfer. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the Authority according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the City of Monticello Economic Development Authority have caused this Note to be executed with the manual signatures of its President and Executive Director, all as of the Date of Original Issue specified above. Executive Director CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY President REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed below. Date of Signature of Registration Registered Owner City Finance Director 20_ Rivertown Residential Suites, LLC Federal Tax LD No 5216190 MNI MN190-156 B_7 SCHEDULE C FORM OF CERTIFICATE OF COMPLETION (The remainder of this page is intentionally blank.) 5216190 MNIMN190-156 C_1 CERTIFICATE OF COMPLETION WHEREAS, the City of Monticello Economic Development Authority (the "Authority") and Rivertown Residential Suites, LLC ("Redeveloper") entered into a certain Contract for Private Redevelopment dated , 2018 (the "Contract"), recorded at the office of the County Recorder of Wright County as Document No. ; and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to constructing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the Minimum Improvements specified to be done and made by the Redeveloper have been completed and the agreements and covenants in Articles III and IV of the Contract relating to such construction have been performed by the Redeveloper, and this Certificate is intended to be a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the Minimum Improvements, but any other covenants in the Contract shall remain in full force and effect. 5216190 MNI MN190-156 C-2 Dated: , 20 . STATE OF MINNESOTA ) SS. COUNTY OF WRIGHT ) CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY M Authority Representative The foregoing instrument was acknowledged before me this day of 20by , the of the City of Monticello Economic Development Authority, a public body corporate and politic under the laws of the State of Minnesota, on behalf of the authority. Notary Public This document was drafted by: KENNEDY & GRAVEN, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 Telephone: 337-9300 (Signature page to Certificate of Completion) 5216190 MNI MN190-156 C-3 SCHEDULE D Fonn of Renter's Income Verification Form PROPERTY INFORMATION Postal Address of Property Unit Number TENANT INFORMATION Name of Tenant Phone # Number of family/household members: Annual Household Income* $ *Annual Household Income must be supported by documentation (i.e. copy of most current 1040's, etc). Failure to provide verification will constitute a "non -qualifying tenant". INCOME LIMIT INFORMATION 20 Income Limits Family Size Income 1 2 3 4 5 6 7 8 Does the Tenant meet these limits and has appropriate documentation been submitted? YES NO Pursuant to the Contract for Private Redevelopment between the City of Monticello Economic Development Authority and Rivertown Residential Suites, LLC dated as of _, 2018, at least 10 of the 47 rental units comprising the Minimum Improvements must be reserved for tenants whose income is 50% or less of the area's median gross income. Signature of Tenant(s) Reviewed and approved on behalf of Rivertown Residential Suites, LLC. M. Date Date Date D-1 5216190 MNI MN190-156 WHEREAS, the City o Rivertown Residential Suites, Redevelopment dated July 11 Monticello described as Lots 1 thereof, Wright County, Minn WHEREAS, the Con III and IV thereof related to co Doc. No. A1443066 OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on October 06, 2020 4:05 PM Ck# Fee: $46.00 Code Invoice Tanya West, County Recorder ERTIFICATE OF COMPLETION Monticello Economic Development Authority (the "Authority") and LLC ("Redeveloper") entered into a certain Contract for Private 2018 (the "Contract"), regarding certain property in the City of 3, Block 36, Plat of MONTICELLO, according to the recorded plat to (the "Property"); and contains certain covenants and restrictions set forth in Articles ing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, related to the Minimum Impro, completed and the agreements construction have been perfoi conclusive determination of th III and IV of the Contract rel covenants in the Contract shall lis is to certify that all construction and other physical improvements :Nments specified to be done --and made- by the Redeveloper -have been end covenants in Articles III and IV of the Contract relating to such ned by the Redeveloper, and this Certificate is intended to be a satisfactory termination of the covenants and conditions of Articles ited to completion of the Minimum Improvements, but any other •emain in full force and effect. T Date4,5'-�OT 0 22 2 STATE OF MINNESOTA COUNTY OF WRIGHT 0. CITY OF MONTICELLO DEVELOPMENT AUTHORITY The foregoing instrume byt Development Authority, a pu Minnesota on behalf of the aul This document was drafted by: KENNEDY & GRAVEN, Cha 150 South 5'�' Street, Suite 700 Minneapolis, Minnesota 5540: Telephone: 612-3 3 7-93 00 RETURN To: City of Monticello 505 Walnut St Ste 1 Monticello MN 55362 thority Representative SS. ECONOMIC it was acknowledged before me this day of September, 2020, the ��-� � ��� of the City of Monticello Economic )lic body corporate and politic under the laws of the State of ority. VICKI JAN LEERHOFF NOTARY PUBLIC MINNESOTA Ally Commission Expires 011311=1 III I Granite City REAL ESTATE � Multi Housing Management and Leasing Leadership Team Who We Are Founded in 2004, Granite City Real Estate (GCRE) is an innovative real estate firm that provides tailored professional services to clients throughout the state of Minnesota. The company is recognized as a service centric organization focused on growing long-term business relationships. GCRE offers a wealth of expertise in commercial property management, facilities management, brokerage, multi housing management and advisory services/consulting. Management Experience and Knowledg( Property management is a core competency for GCRE and we deliver unmatched service to apartment communities, CIC associations, retail, office and industrial properties. GCRE's staff of more than 70 professionals is led by an executive team with over 150 years of combined real estate experience. Experience on its own is not what makes a company exceptional. GCRE prides itself on promoting education and specialized training across the organization. A common theme at the company is individuals that have obtained their Bachelor's Degree in Real Estate. GCRE associates also maintain the following professional designations that are both prestigious and widely recognized: Certified Property Manager (CPM) Certified Commercial Investment Manager (CCIM) Industry organizations where GCRE associates hold active membership and board level positions include: Institute of Real Estate Management (IREM) CCIM Institute Building Owners and Managers Association (BOMA) Minnesota Multi Housing Association (MMHA) National Apartment Association (NAA) National Association of Realtors (NAA) Minnesota Commercial Association of Realtors (MNCAR) GCRE's experienced professionals operate each assignment with a full understanding and focus on the strategic goals of the property owner. Realizing that every aspect of the operation is essential to the overall success of the project, GCRE's property managers; marketing personnel; leasing; accounting and maintenance technicians all collaborate closely to provide exceptional integrated service. A true team approach to achieve maximum benefit. www.gcremn.com 1 1 P a g e Management Team Andy Martir, President Andy is the President and Managing Partner at GCRE. He will provide oversight and support to Shantel and the property team. Martin has been in the business of commercial and multifamily property management since 1993. Prior to joining GCRE in 2018, Andy was the Executive Vice President of Operations at Minneapolis based IRET Properties (NYSE ticker: IRET) where he ran the organization's property management division that operated 97 properties (14,400 units) located in six states. Andy has a Bachelor's Degree in Real Estate, as well as a Masters in Business Administration (MBA) from St. Cloud State University. He has earned the Certified Property Manager (CPM) designation from the Institute of Real Estate Management (IREM) as well as the Certified Commercial Investment Manager (CCIM) from the CCIM Institute. Shantel Sundby — Director of Residential Management Shantel is the Director of Residential Property Management and leads the management effort for all multi housing properties that GCRE services. She will directly supervise the property team and direct the team to coordinate all aspects of operating a property. With over 15 years of experience, Shantel has extensive knowledge of multi housing leasing and property management. Throughout her career, she has supervised numerous new construction and stabilized assets. Shantel has a Bachelor's Degree in Real Estate from St. Cloud State University. She is a highly focused professional moves at a very high fast pace. Whitney Gettler — Marketing Manager Whitney is GCRE's corporate Marketing Manager and will lead the effort to establish and maintain a marketing presence for your project. She has more than six years of graphic design, sales and marketing experience. Whitney will supervise the creation of the property's entire online effort, which includes but is not limited to the property website, ILS partnerships and social media campaigns. She also oversees the development of all print promotional materials and top of mind advertising (i.e. billboards, radio, etc.). Whitney will collaborate closely with the GCRE's corporate leasing department and the community team on marketing campaigns and resident events. Jessica Huston — Leasing Manager Jessica Huston is a corporate Leasing Manager at GCRE. She joined the company in 2014 and delivers excellent results. Jessica will collaborate closely with Shantel and Whitney on an overall marketing plan for each project. She will also play a critical role in the training of the property team and monitor the leasing success of a property. www.gcremn.com 2 1 P a g e GGranite City REAL ESTATE Ownership Bios Andy Martin Andy is the President and Managing Partner at Granite City Real Estate, LLC ("Granite City'). He has been owning and operating commercial and multifamily real estate since 1993. Prior to joining Granite City, Andy was the Executive Vice President at Minneapolis based IRET Properties (NYSE ticker: IRET) where he was a member of their Investment Committee and oversaw all management operations for a $1.4 billion apartment portfolio comprised of 97 properties located in six states. Andy has a Bachelor's Degree in Real Estate, as well as a Master's in Business Administration (MBA) from St. Cloud State University. He has earned the Certified Property Manager (CPM) designation from the Institute of Real Estate Management (IREM) as well as the Certified Commercial Investment Member (CCIM) Designation. Steve Feneis Steve is a Partner at Granite City and maintains direct ownership in multiple investment properties. For over 35 years he has been credited as one of the most active and successful commercial brokers in Central Minnesota. Prior to joining GCRE as a Partner, Steve owned Epic Properties based in St. Cloud, Minnesota. Steve has a Bachelor's Degree in Management and Accounting from St. John's University. He is on the Executive Committee for St. Cloud Opportunities and he is an active member with St. Cloud Area Planning Organization and the Sartell Economic Development Corporation. Greg Windfeldt Greg is the President and CEO of Preferred Credit, Incorporated (PCI). Founded in 1982, PCI provides credit financing services for in -home consumer sales on an international platform. Greg is also an equity Partner in Granite City and maintains direct ownership in multiple investment properties. Greg has a Bachelor's Degree in Finance from the University of St. Thomas. He is the Board Chair and investor in Granite Equity, LLC, and is a member of the Finance Committee for CentraCare Health System. Mike Bobick Mike is a Partner at Granite City and maintains direct ownership in various investment properties. For more than 20 years Mike has been a prominent commercial broker specializing in investment sales throughout Central Minnesota. Prior to joining GCRE as a Partner, Mike was a Principal with INH Commercial Brokerage based in St. Cloud, Minnesota. EDA: 02/ 10/21 5d. Consideration of Approving Entering into Month -to -Month Lease Agreement with Alive! Lutheran Church (ALC) for EDA-Owned Property Located at 121 West Broadway (JT) A. REFERENCE AND BACKGROUND: This item requests the EDA to consider entering into a written month -to -month lease agreement with Alive! Lutheran Church (ALC) for property located at 121 West Broadway. The EDA acquired this property as part of a purchase of three (3) parcels in Block 52 from Steven and Candace Johnson on December 10, 2020. ALC has been a tenant in this property for many years. The EDA attorney recommends that a written month -to -month lease be entered into because the old lease agreement between ALC and the Johnsons has expired and no formal written lease currently exists. The proposed month -to -month lease essentially formalizes ALC's existing usage terms and rental rate for the space. The rental rate will remain unchanged at $2,000 per month. ALC will also be responsible for all utility services that are used while renting the space, including: electricity, natural gas, and sewer/water/garbage. The lease includes a 30-day notice for cancellation (termination) by either party. Al. STAFF IMPACT: The EDA attorney drafted the lease agreement. In-house staff reviewed the document and prepared the staff report as part of normal job duties. No additional staff are required to complete the tasks related to the proposed lease agreement. Approximately 12 hours of staff time have been committed to this task. A2. BUDGET IMPACT: The funds for the legal fees required to draft the document are included in the 2021 EDA General Fund budget under a line item for "Legal Fees". The estimated cost to prepare the lease document and Resolution EDA-2021-01 is approximately $570.00. B. ALTERNATIVE ACTIONS: 1. Motion to adopt Resolution EDA-2021-01 approving entering into a month -to - month lease agreement with Alive! Lutheran Church for EDA-owned property located at 121 West Broadway. 2. Motion to deny adoption of Resolution EDA-2021-01 approving entering into a month -to -month lease agreement with Alive! Lutheran Church for EDA-owned property located at 121 West Broadway. 3. Motion to table consideration of Resolution EDA-2021-01 approving entering into a month -to -month lease agreement with Alive! Lutheran Church for EDA- owned property located at 121 West Broadway for further research and/or discussion. C. STAFF RECOMMENDATION: Staff recommends Alternative 1. Entering into a month -to -month lease agreement with Alive! Lutheran Church will formalize and document the owner -tenant relationship, EDA: 02/ 10/21 rental rate, and usage terms for the space located at 121 West Broadway. ALC was provided a copy of the proposed lease agreement and has not communicated any concerns or desire for language adjustments. Penny Rolf, WSB, the EDA's relocation consultant, has also been updated on the new lease agreement proposal and has had an initial discussion with ALC's governing board regarding URA (Uniform Relocation Act) benefits. D. SUPPORTING DATA: a. Resolution EDA-2021-01 b. Lease Agreement 2 CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO.2021-01 RESOLUTION APPROVING A LEASE BETWEEN THE CITY OF MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY AND ALIVE LUTHERAN CHURCH BE IT RESOLVED by the Board of Commissioners ("Board") of the City of Monticello Economic Development Authority ("Authority") as follows: Section 1. Recitals. 1.01. The Authority currently administers Central Monticello Development Project No. 1 (the "Project"), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended. 1.02. The Authority has acquired certain real property within the Project located at 121 West Broadway Avenue, Monticello, Minnesota (the "Property"), and intends to hold the Property until such time as a favorable redevelopment prospect is presented to the Authority. 1.03. In order to maintain the Property and to prevent additional blighting conditions over the short term, the Authority proposes to memorialize an unwritten month -to -month Lease Agreement (the "Lease") with Alive Lutheran Church (the "Tenant"), which was assigned to the Authority by the seller of the Property, pursuant to which the Authority will lease the Property to the Tenant for use as a church. 1.04. The Authority finds and determines that the lease of the Property by the Authority to the Tenant is for a public purpose and is in the public interest because it will further the development objectives of the Project, prevent further blight or blighting conditions, and maintain the tax base. Section 2. Lease Approved; Further Proceedings. 2.01. The Board approves the Lease as presented to the Authority, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the Lease by those officials shall be conclusive evidence of their approval. 2.02. Authority staff and officials are authorized to take all actions necessary to perform the Authority's obligations under the Lease as a whole. 701518v1 TMR MN325-42 I Approved by the Board of Commissioners of the City of Monticello Economic Development Authority this day of February, 2021. President Executive Director ATTEST: Secretary 701518v1 TMR MN325-42 2 LEASE This Lease is a legal agreement between the Tenant and the Landlord to rent the Property described below. The word Landlord as used in this Lease means the City of Monticello Economic Development Authority, and the Landlord's address is 505 Walnut Street, Suite 1, Monticello, MN 55362. The word Tenant as used in this Lease means Alive Lutheran Church, except as otherwise provided herein. This Lease is a legal contract that can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Description of Property. The address of the Property is 121 West Broadway Avenue, Monticello, Minnesota. 2. Term of Lease. This Lease is a month -to -month lease starting on the 15th day of February, 2021. This lease may be terminated by either party upon 30 days written notice. After such date, and compliance with such requirement, Alive Lutheran Church will be released from the terms of this Lease. 3. Rent. a. Amount. The rent for the Property is Two Thousand and no 100ths Dollars ($2000.00) per month in advance. b. Payment. Rent due on January 15, 2021 in the amount of $2000.00 has been paid in advance. The rent payment for each month beginning in February 2021 must be paid before the 15th of the month, at the Landlord's address. The Landlord does not need to give notice to Tenant to pay the rent. Tenant understands that Landlord will not accept a partial payment of rent. In the event rent is not paid by the 20th of each month, there will be a late fee of $25.00 assessed and payable without demand. 4. Security Deposit. No security deposit has been received or is required by the Landlord. 5. Quiet Enjoyment. If Tenant pays the rent and complies with all other terms of this Lease, Tenant may use the Property for the term of this Lease. 6. Use of Property. The Property must be used only as a church and for no other purpose. The Tenant may not use the Property for any unlawful activity. In particular, Tenant agrees that (a) Tenant will not unlawfully allow controlled substances on the Property; and (b) the property will not be used by the Tenant or others acting under his or her control to manufacture, sell, give away, barter, deliver, exchange, distribute, or possess a controlled substance in violation of any local, state, or federal law, including Minn. Stat. Chapter 152. This agreement by Tenant is not violated if a person other than Tenant possesses or allows controlled substances in the Property or on the property unless the Tenant knows or has reason to know of the activity. 7. Maintenance and Repair. a. By Landlord. Landlord promises (1) to keep the Property in reasonable repair during the term of the Lease, except when the damage was caused by the intentional or negligent action of the Tenant or Tenant's guests; and (2) to maintain the Property in compliance with the applicable health and safety laws except if the violation is caused by the Tenant or Tenant's guests. 697470v2 TMR MN325-42 b. By Tenant. Tenant promises, at Tenant's expense, to make all repairs and eliminate any violation of health and safety laws that result from the negligent, willful, malicious or irresponsible conduct of the Tenant or the Tenant's family, agent or guest. Tenant shall comply with all the sanitary laws affecting the cleanliness, occupancy and preservation of the House, except if the Landlord is required by law to comply with the sanitary laws (see Minnesota Statute, Section 504.18). Tenant must obtain authorization from Landlord prior to employing any repair person to make repairs on the Property. Tenant agrees to perform the following repairs and maintenance at Tenant's expense: Snow removal. 8. Alterations. Tenant must obtain Landlord's prior written consent to install any paneling, flooring or partitions or to make alterations or to paint or wallpaper the Property. Tenant must not change the heating, electrical, plumbing, ventilation or air conditioning without the prior written consent of the Landlord. 9. Damage to the Property. If the Property is destroyed or damaged not due to the fault of Tenant or Tenant's guests, and the Property is unfit for use as a Church, and the Tenant promptly notifies Landlord in writing about the problem, Tenant is not required to pay rent for the time the Property cannot be used. If part of the Property cannot be used, Tenant must only pay rent for the usable part. If the Property is damaged or destroyed, Landlord may terminate this Lease immediately and may decide not to rebuild or repair the Property. If the damage was not caused by the Tenant or the Tenant's guest and the Landlord cancels the Lease, the rent shall be pro rated up to the time of the damage. 10. Utilities. Tenant shall pay for electricity, gas -heat, water -sewer and garbage provided to the Property during the term of this Lease. 11. Right of Entry. Landlord and Landlord's agents may enter the Property at reasonable hours (with notice to tenant) to repair or inspect the Property and perform any work that Landlord decides is necessary. In addition, the Landlord may show the Property to possible or new Tenants at reasonable hours during the last thirty (30) days of the Lease term. 12. Assignment and Subletting. Tenant may not assign this Lease, lease the Property to anyone else (sublet), sell this Lease or permit any other person to use the Property without the prior written consent of the Landlord. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant must get Landlord's written permission each time Tenant wants to assign or sublet. Landlord's permission is good only for that specific assignment or sublease. 13. Surrender of Premises. Tenant shall move out of the Property upon termination of this Lease in accordance with Section 2 hereof. When Tenant moves out, Tenant shall leave the Property in as good condition as it was when the Lease started, with the exception of reasonable wear and tear. 14. Abandonment. If Tenant moves out of the Property before termination of this Lease in accordance with its terms, Landlord may bring a legal action to recover possession of the Property. The Landlord may rent the Property to someone else. Any rent 697470v2 TMR MN325-42 received by Landlord for the re -renting shall be used first to pay Landlord's expenses for re -renting the Property and second to pay any amounts Tenant owes under this Lease. Tenant shall be responsible for paying the difference between the amount of rent owed by Tenant under this Lease and the amount of rent received by Landlord from the new tenant together with any court costs and attorney's fees. If Landlord recovers possession of the Property after Tenant moves out, then Landlord may consider Tenant's personal property in the Property to also have been abandoned. Landlord may then dispose of the personal property in any manner that the Landlord thinks is proper. Landlord shall not be liable to Tenant for disposing of the personal property. 15. Default. If Tenant does not pay the rent or other amounts when due or if Tenant violates any term of this Lease, Landlord may terminate this Lease. If Tenant does not move out, Landlord may bring an eviction notice. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. If contraband or a controlled substance manufactured, distributed, or acquired in violation of Minnesota law is seized in the House or on the property on which the House is located incident to a lawful search or arrest, and if Tenant has no defense under Minnesota Statutes Section 609.5317, Tenant shall have no further right to possession of the House, and Landlord may bring an eviction action against Tenant. 16. Insurance. Tenant acknowledges that it is solely responsible for loss or damage to personal property located on the Property, and hereby indemnifies and holds harmless Landlord, its officers, agents, and employees from any claims for loss or damage to such personal property. Tenant acknowledges that obtaining insurance coverage for such personal property shall be Tenant's sole responsibility. Tenant acknowledges and understands that any liability insurance obtained by Landlord with respect to the Property will in no way ensure or protect Tenant from Liability claims which may be made against Landlord. DATED: , 2021. LANDLORD: CITY OF MONTICELLO DEVELOPMENT AUTHORITY By: Its: Vice President By: Its: Executive Director TENANT: ALIVE LUTHERAN CHURCH 697470v2 TMR MN325-42 Christopher Lieske 697470v2 TMR MN325-42 EDA Agenda: 02/10/21 6. Consideration of Adopting Proposed 2021 EDA Workplan (JT) A. REFERENCE AND BACKGROUND: The EDA is asked to consider adopting the proposed 2021 Workplan. Discussion and review of the 2021 Workplan took place in an EDA workshop on December 9, 2020 and during the regular meeting on January 13, 2021. While many of the strategies are similar to prior workplans, there are several new goals and objectives that are based on the Economic Development implementation chart that was included in the recently approved Monticello 2040 + Comprehensive Plan. The proposed 2021 Workplan is attached to this report for final review and comment. If the EDA has additional edits, staff asks that the 2021 Workplan be considered for approval contingent on staff making the final adjustments to the document as directed by the EDA. Al. Staff Impact: Preparation of the 2021 EDA Workplan required a fair amount of staff time of the Community Development Director and the Economic Development Manager. A2. Budget Impact: The review and editing tasks of the annual workplans are included in the job descriptions of both of the EDA support staff, and as such, those associated costs are part of the EDA's routine operating expenditures. ALTERNATIVE ACTIONS: 1. Motion to adopt the 2021 EDA Workplan as presented. 2. Motion to adopt the 2021 EDA Workplan with revisions identified by the EDA. 3. Motion to table the adoption of the 2021 EDA Workplan for further research and/or discussion. B. STAFF RECOMMENDATION: If the EDA feels the 2021 Workplan is complete and meets their approval, then Alternative #1 is appropriate. If the EDA feels that the 2021 Workplan needs to be further revised, then Alternative #2 or #3 is appropriate. Several EDA Commissioner provided feedback on priority focus areas for 2021. Staff will review those comments at the meeting. C. SUPPORTING DATA: A. Proposed 2021 EDA Workplan B. Economic Development Implementation Chart, Monticello 2040 + Comprehensive Plan, 11-23-20 TY MonticeRo DRAFT MONTICELLO ECONOMIC DEVELOPMENT AUTHORITY 2021 ANNUAL ECONOMIC DEVELOPMENT WORK PLAN EDA Purpose: The EDA is charged with coordinating and administering the City of Monticello's economic development and redevelopment plans and programs. The EDA is also responsible for housing and housing redevelopment. EDA Work Plan Mission Statement: The EDA's work plan is adopted in support of achieving the goals of the Monticello 2040 + Comprehensive Plan. The EDA will be proactive by developing and undertaking actions for achievement of the Comprehensive Plan's Economic Development goals and will be reactive in responding to economic development opportunities as they arise in the most timely and effective manner possible. The EDA shall utilize the Economic Development Implementation Chart as a guiding document creating its 2021 Work Plan. Comprehensive Plan Goals: 1. Business Attraction and Retention 2_Tax Base Expansion 3_Downtown Vitality 4_Redevelopment and Reinvestment 5_Life Cycle Housing 6_Workforce Development 7_Promotion and Partnerships 8_Opportunity Focus Areas 1IPage Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" GOAL #1: BUSINESS ATTRACTION AND RETENTION Policy 1.1. Business and Employment Retention Strategies: 1. Maintain a strong Business Retention and Expansion (BR&E)_pro,gram to monitor opportunities for continued growth and expansion of businesses as well as the continued relationship development between the City and existing businesses. 2. Identify and support companies that are expanding and adding employees. 3. Identify and promote programs that assist existing companies in expansion and creation of new positions. 4. Assist and support companies in accessing business assistance programs including financing and educational programs. 5. Bring Businesses and Educations Organizations together to create training programs to foster new live wage opportunities. Policy 1.2: Local Business Support Strategies: 1. Facilitate relationships with existing businesses on the expansion, redevelopment and improvement of their buildings and facilities. 2. Consider facade rehabilitation programs, small business loans, grants and other tools to encourage property reinvestment and support local businesses. 3. Foster partnerships and maintain networking relationships with the goal of maintain communication in support of existing businesses. GOAL #2: TAX BASE EXPANSION Policy 2.1: Diversify economic sectors to broaden the base of available living wage employment in the communiM. Strategies 1. Capitalize on the proximity to the I-94 regional transportation facilities, available land and educated and skilled workforce to create opportunities for job growth. 2. Inventory existing industry clusters by attracting similar and complementary businesses. 3. Work with existing business clusters to expand the attraction of supply chain companies. 4. Recognize changing land use patterns for industrial parks, and other or alternative uses such as co-workingspaces. Policv 2.2: Maintain a business development and iob creation toolbox to assist existing and future businesses. Strategies: 1. Continue discussion on use of tax reimbursement/abatement. including development of criteria/application. 2 1 P a g e 2. Identify and communicate new or innovative state and federal programs or grants which could be leveraged to support business development. 3. Proactively support small business start-up efforts through programs, collaborative efforts and various tools available for small businesses. Policy 2.3. Work collaboratively with partners to foster the attraction of new businesses. Strategies: 1. Continue to support the IEDC interactions with in the Wright County Workforce Pathways efforts in addressing workforce needs and training. 2. Consider IEDC recommendations and be prepared to be a partner in potential solutions based on WCWFP findings. GOAL #3: DOWNTOWN VITALITY Policy3_1:. Implement the recommendations of the Downtown Small Area Plan. Formatted: Font: Bold Strategies: 1. Support and advocate for improvements to the downtown as envisioned in the Small Area Plan and Walnut Street Corridor Plan. 2. Develop and support the appropriate policies, programs, and incentives that enable the type of development described in the Plan. 3. Continue to build a funding base for use in property acquisition and redevelopment efforts in targeted areas. 4. Implement a facade improvement program for desired revitalization areas. 5. Continue to meet with downtown property owners either in an informal group setting (Downtown Rounds) or individually to understand their concerns with traffic, parking land use and possible reinvestment in their property as well as willingness to sell, partner, desired price, etc. 6. Encourage continued incorporation of arts as an economic development tool for Downtown Monticello and the community at -large. 7. Support opportunities for park and pathway development as consistent with the Downtown Small Area Plan. 8. Encourage the redesign of the pathway connection under the MN-TH #25 bridge to incorporate safety elements and improved lighting_ 9. Ensure that reg enway and pedestrian/cycle connections are considered within the downtown and from the downtown to other areas within the community. 10. Support park improvements in the downtown area. 3 1 P a g e GOAL #4{-S}: FACILITATING -REDEVELOPMENT & REINVESTMENT Policy 4.10hjectis=e: Redevelopment: Continue to support redevelopment efforts for publicly -owned properties inen Block 52, Block 34 and other EDA owned sites. Strategies: 1. Continue to focus on site control for a potential future targeted redevelopment in Block 52 as envisioned in the Downtown Small Area Study Plan. 2. Proactively market Block 52 ash a unique regional site and development opportunity; reach out to developers to gauge interest, potential suitability and capacity to collaborate on a redevelopment plan. 3. Advocate for reconnecting Walnut Street to River Street in support of redevelopment. 4. Remain open to and analyze strategic opportunities for redevelopment throughout the community. 5. Proactively market Block 34, the Cedar/Broadway site, 4' Street site, West River Street parcel and the West 71h Street land tract to the commercial and residential development community. 4 1 P a g e Formatted: Indent: Left: 0", First line: 0" D"r-v4jO 34.0bTeEtWe -1: implement the Fec9m-menclations-of theDowntownSmall '- -"""- - Formatted: Heading 2 AypPlan Formatted: Heading 2, No bullets or numbering . Formatted: Heading 2 GOAL #5: LIFE -CYCLE HOUSING Policy 5.1:. Actively promote and seek opportunities for the development of a wide Formatted: Font: Bold variety of housing types, styles and price points as a mechanism to support and attract employment. Strategies: 5 1 P a g e 1. Develop revised policy statements for housing which address the identified 2020 Housing Study needs. 2. Continue to market workforce housingdevelopment evelopment on EDA owned land along East 4"' Street and Outlot A of Country Club Manor, or at other suitable sites in the City, including the Downtown. 3. Support efforts by private and non-profit entities to develop affordable housing projects utilizing state and federal programs. 4. Examine the use and application of available housing TIF dollars per the 2016 TIF Management Plan and the adopted Policy Statements for Available TIF Funds. 5. Continue to periodically examine housing stock for aging or blighted properties and research development of programs for redevelopment and/or revitalization of existinghousing. ousing. 6. Market the availability of incentives/subsidies available for development of housing. GOAL #6: WORKFORCE DEVELOPMENT Strategies: needs and training. 3. Promote Central Minnesota Jobs and Training Services as an option to Community College or university for students seeking alternative careers in the trades, manufacturing, and similar sectors and create a plan to market financial tools which support living wage employment as a primary focus. Formatted: Font: 12 pt, Bold Formatted: Space After: 0 pt Formatted: Font: 12 pt, Bold, Italic Formatted: Font: Times New Roman, 12 pt, Font color: Text 1 Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 12 pt, Font color: Auto Formatted: List Paragraph Formatted: Font: Cambria, 14 pt, Font color: Accent 1 Formatted: Normal, Indent: Left: 0" Formatted: Font: Cambria, 14 pt, Font color: Accent 1 Policy 7.10z: Create and maintain Develop and implement a comprehensive Marketing & Communication Strategy for priority sectors and locations. ,Strategies: Formatted: Font: 12 pt 1. Identify community partners that can be regularly engaged and advised on economic development activities and events. 4-.Z. Support the development of strategic marketing plan, including creation of an overall economic development brand, for various focus audiences and sectors of development; residential, commercial and industrial and redevelopment. 2-3. Incorporate the marketing of EDA incentive programs in a more proactive manner, both within the community and beyond, 6 1 P a g e a. Present existing and new incentive programs to smaller community groups, local banks, realtors, and local businesses either on in an informal group session or a formal roundtable format. b. Develop and communicate a "complete" development package program which provides support and assistance to prospects and developers from inquiry to construction. 3A.Market industrial development at the Monticello Business Center (Otter Creek Business Park) to a broad variety of prospects as guided by the ,.m*e-nt and- a,..._o Comprehensive Plan. a. Focus on prospects which serve or rely on the St. Cloud and Twin Cities markets. b. Focus on supply chain prospects. 4.5.In collaboration Wwith the IEDC, communicate with current business and industry in support of Business Retention & Expansion. a. Engage in informal business and industry small group meetings and explore potential format of helpful formal round tables meetings. b. Work with the Monticello Times to do a business spotlight or profile article two times per year. c. Leverage the networks of existing commercial and industrial entities currently doing business in and around Monticello. Policy 7.2: Engage as a partner in local and regional planning and development 1. Monitor the regional nlannina efforts of the Central Mississippi River Regional Plannin Partnership (CMRRPP) and engage with feedback as requested. 2. Consider funding and/or completing studies that provide policy and strategy framework for desired land uses/or projects in the downtown and for other programs. 3. Monitor commuter rail development in and around the Twin Cities metro region for Dotential benefits and opportunities to serve Monticello. Formatted: Font: Bold Formatted: Font: (Default) +Headings (Cambria), 11 pt Formatted: Font: 12 pt GOAL #8. OPPORTUNITY FOCUS AREAS Formatted: Font 14 pt, Not Bold, Font color: Accent 1 Policy 8.1: Opportunity FOCUS Areas_ I Formatted: Font color: Accent 1 1. Maintain open lines of communication with property and business owners to understand their long-term development objectives. 2. Consider strategies, loans, grants and other financing methods to boost reinvestment and improvements. 3. Encourage public infrastructure investment in these areas in an effort to support private investment. Formatted: Font: Not Bold Formatted: List Paragraph 7 1 P a g e ^o 'eT:Policy 8.2- Support community quality -of -life initiatives which act as economic development tools. Strategies: 1. Encourage and support coordinated planning and development of parks, trails in or near business districts. 2. Support the development Bertram Chain of Lakes Regional Park, including community Connections. 3. Formatted: Normal, Indent: Left: 0" Increase the visibility of the interconnection of all amenities including parks and trails with economic hubs of the City. 8 1 P a g e Formatted: Normal, No bullets or numbering Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: (Default) Times New Roman Formatted: Normal available tools for business development and job creafie4i-. 'Swa"ieswFormatted: Font: 12 pt ' Formatted: Indent: First line: 0" ' Formatted: Indent: Left: 0", First line: 0" Formatted: Font: Times New Roman, Font color: Text 1 Pathways efforts in addressifig workf r-ee heed. .....,7 t.-.,:..:tt1g 9 1 P a g e Appendix: Monticello 2040 Vision + Plan, Economic Development and Implementation 101Page IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING UTHEME TERM TERM • Policy I.I.- Business and Strategy 1.1.1- Maintain a strong Business • Employment Retention • • ' Retain existingbusinesses and Retention and Expansion (BR&E) program to monitor opportunities for continued growth and expansion of businesses as well as the t� • • • • employers to ensure existing continued relationship development between • and future residents have access to the City and existing businesses. livable wage jobs in a diverse range Strategy 11.2 - Identify and support companies of economic sectors. that are expanding and adding employees. �f Strategy 1.1.3 - Identify and promote programs that assist existing companies in expansion and } 4s �� creation of new positions. Strategy 11.4 - Assist and support companies �. in accessing business assistance programs including financial and educational programs. Strategy 1.1.5 - Bring Businesses and Educational Organizations together to create training programs to foster new living wage opportunities. • • • - Policy 12: Local Business Support Support existing businesses in their Strategy 1.2.1— Facilitate relationships with existing businesses on the expansion, redevelopment and improvement of their 4s efforts to expand and do business buildings and facilities. in the community. Strategy 1.2.2 - Consider facade rehabilitation programs, small business loans, grants and other tools to encourage property reinvestment and support local businesses. Strategy 1.2.3 - Foster partnerships and maintain networking relationships with the goal of maintaining communication in support of existing businesses. MONTICELLO 2040 VISION + PLAN 223 IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING THEME TERM TERM Policy 2.1. Diverse Economic Sectors • • ' • • • • Strategy2.1.1- Capitalize on the proximity to 1-94 regional transportation facilities, available�,. land and educated and skilled work force to • - - - Diversify economic sectors to create opportunities for job growth. - • • • broaden the base of available • - - . • • living wage employment in • • - • the Community. Strategy 2.1.2 - Inventory existing industry clusters and strengthen those clusters by attracting similar and complementary businesses. Strategy2.1.3 - Work with existing business clusters to expand the attraction of supply' chain companies. Strategy2.1.4 - Recognize changing land use patterns for industrial parks, and other or alternative uses such as co -working spaces. • • : • • • Policy2.2. Business Toolbox Strategy 2.2.1 - Promote economic development tools to the business community. Maintain a business development and job creation toolbox to assist Strategy2.2.2 - Develop criteria for a City tax 1 R existing and future businesses. reimbursement and abatement program. Strategy 2.2.3 - Identify and promote new and existing state and federal programs to support business development and attraction. Strategy 2.2.4 - Prepare a complete development site package for high -priority areas including a map of available parcels. Strategy2.2.5 - Certify available industrial sites as "shovel ready" to allow for faster turnaround ,> of development projects. Strategy2.2.6 - Maintain and update annually property availability maps for commercial and industrial parcels.�e 224 7'<`""' """*.7{" IMPLEMENTATION IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING THEME TERM TERM • • • • • Policy 2.3. Local Strategy 2.3.1 - Proactively support small Partner Collaboration business start-up efforts through funding Work collaboratively with partners and programs made available by the State of Minnesota's Department of Employment, �.• to foster the attraction of Initiative Foundation and Economic !� new businesses. Development (DEED) and Wright County Economic Development Partnership. • • • • • • Policy2.4. Industrial and Business Strategy2.4.1- Identify funding sources for infrastructure and proactively engage e� Site Analysis and Availability a variety of partners to help complete the development of a new business park. Identify, plan, and develop new Strategy2.4.2 - Develop partnerships to assist industrial/business park areas to ensure site availability for with marketing and promotion of industrial/ industrial projects as existing business park areas.' areas fully develop. Strategy 2.4.3 - Monitor industrial land - absorption to help prioritize future site - development and readiness. Strategy2.4.4 - Investigate opportunities for grants, legislation, transition aid, or bonding funds to support industrial land area development. Policy3.1. Downtown Small Area Plan Strategy 3.1.1 - Develop and support the appropriate policies, programs, and incentives • • that enable the type of development described Use and implement the Downtown in the Downtown Small Area Plan. Small Area Plan as the guiding Strategy3.12 - Install improvements to the downtown as envisioned in the Walnut Street • • - document to improve, develop and redevelop Downtown. Corridor Plan. !J1 Strategy3.1.3 - Continue to build a funding base for use in property acquisition and redevelopment efforts in targeted areas. Strategy3.1.4 - Continue to support the fagade improvement program and promote to downtown business and property owners. MONTICELLO 2040 VISION + PLAN 225 IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING THEME TERM TERM Policy 3.1. Downtown Strategy3.1.5 - Continue to meet with Small Area Plan downtown property owners either in an informal group setting or individually to understand Continue to follow and implement their concerns with traffic, parking, land use, building improvements and reinvestment in their } the Downtown Small Area Plan. property as well as willingness to sell, partner, price, etc. Strategy 3.1.6 - Encourage continued incorporation of arts as an economic �(( development tool for Downtown Monticello and the community at -large. Strategy3.1.7- Ensure trail and pedestrian/ cycle connections are considered within the downtown and from the downtown to other areas within the community. Strategy 3.1.8 - Maintain and update annually property availability maps for downtown property or property investment parcels. Policy 4.1. Redevelopment Strategy 4.1.1 - Continue to focus on site control for a potential future targeted redevelopment in ((( Continue to support redevelopment Block 52 as envisioned in the Downtown Small efforts as identified in the Area Study Plan. Downtown Small Area Plan and in strategic opportunity areas throughout the community. Strategy 4.1.2 - Develop and implement marketing of city -owned properties identified �� R for redevelopment, including Block 52, 34 and Cedar Street/Broadway site. Strategy4.1.3 - Reconnect Walnut Street to River Street in support of redevelopment. Strategy4.1.4 - Use the Block 52 redevelopment project as a catalyst and template for future redevelopment projects in the downtown area. Strategy 4.1.5- Remain open to strategic P opportunities for redevelopment throughout the community in all land use categories . 226 IMPLEMENTATION IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT Policy 4.2. Revitalization Support revitalization efforts for publicly owned properties and other opportunity sites throughout the community. Policy 5.1. Housing to Support Employment Actively promote and seek opportunities for the development of a wide variety of housing types, styles and price points as a mechanism to support and attract employment. Strategy 4.2.1- Evaluate any development related processes or fees which could be modified to support or encourage reinvestment in targeted areas. Strategy 4.2.2- Research and develop reinvestment programs for targeted housing areas and other sites throughout the community for long-term investment. Strategy 4.2.3 - Use strategies identified in the Community Character, Design and the Arts Chapter in revitalization projects. Strategy 5.1.1 - Continue to market workforce housing development on EDA-owned land along East 4th Street and Outlot A of Country Club Manor, or at other suitable sites in the City, including the Downtown. Strategy 5.12- Maintain and update annually property availability maps for residential housing sites as identified in the 2020 Housing Report. Strategy 5.13- Support efforts by private and non-profit entities to develop affordable housing projects utilizing state and federal programs based on housing supply and demand data. Strategy5.1.4 - Examine use and application of available housing TIF dollars per the 2016 TIF Management Plan and the adopted Policy Statements for Available TIF Funds. Strategy 5.1.5 - Complete updates to the 2020 Housing Study and regular and appropriate intervals. Strategy5.1.6 - Continue to periodically examine housing stock for aging or blighted properties and research development of programs for redevelopment and/or revitalization of existing housing. SHORT- LONG ONGOING THEME TERM TERM MONTICELLO 2040 VISION + PLAN 227 IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING THEME TERM I TERM Policy 6.1. Diversified Strategy 6.1.1- Continue to support ' ' - • ' ' and Skilled Workforce interactions with local organizations to address workforce needs and training. The City will collaborate with the Strategy 6.1.2 - Partner with Wright County • • , • , • • • • • • , School District, Wright County Economic Development Partnership Workforce Pathways (WCWFP) on solutions for • , , , • and other local entities involved training and education programs. in monitoring and developing � � • � workforce training awareness Strategy 6.1.3-Promote Central Minnesota efforts to address workforce needs. Jobs &Training Services as an option to community college or university for students seeking alternative careers in the trades manufacturing, and similar sectors and create a plan to market financial tools which support living wage employment as a primary focus. Policy Z1: Strategy 7.1.1- Identify community partners � • • ' Public Relation Strategy that can be regularly engaged and advised on economic development activities and events. • • • • • - ' • Create and maintain a Strategy7.1.2 - Support the development of an • ' ' • • • • • • comprehensive Marketing • • �' - • • ' • - and Communication Strategy for economic development brand and utilize it in all ' • • ' priority sectors, available sites economic development activities. and opportunities. Strategy 7.1.3-Enhance the brand and tell the story of Downtown Monticello. ))) Strategy 7.1.4 - Regularly update information about available development sites. Strategy 7.1.5- Marketing EDA incentive programs in a more proactive manner, both within the community and beyond. • Present existing and new incentive programs to smaller community groups, local banks, realtors, and local businesses either in an informal group session or a formal round table format. • Develop and communicate a "complete" development package program which provides support and assistance to prospects and developers from inquiry to construction. 228 IMPLEMENTATION IMPLEMENTATION CHART: ECONOMIC DEVELOPMENT SHORT- LONG- ONGOING THEME TERM TERM Policy 71; Strategy Zt6 - Market industrial development ' • • Public Relation Strategy of the business/industrial areas to a broad variety of prospects as guided by the current and future Comprehensive Plan., • Focus on prospects which serve or rely on the St. Cloud and Twin Cities markets. • Focus on supply chain prospects. Policy 7.1: Partnerships Strategy 7.2.1- Engage in the regional planning efforts of the Central Mississippi River Regional Engage as a partner in local and Planning Partnership (CMRRPP) to allow for the regional planning and continued development of the community. development opportunities. Strategy7.2.2 - Consider funding and/or completing studies that provide policy and strategy framework for desired land uses/ or projects in the downtown and for other development opportunities and programs. Strategy 7.2.3- Monitor commuter rail development in and around the Twin Cities metro region for potential benefits and opportunities to serve Monticello. Policy 8.1: Strategy 8.1.1 - Maintain open lines of • • • • ' ' • Opportunity Focus Areas communication with property and business •* owners to understand their long term' • • . , Recognize the opportunity development objectives. focus areas of the city as the Strategy8.1.2 - Consider tax strategies, loans, locations with optimal conditions for attracting reinvestment and grants, and other financing mechanisms to boost the overall improvement of the reinvestment and improvements. appearance and character of these areas. Strategy8.1.3 - Encourage public infrastructure investment in these areas to encourage private investment. !!! MONTICELLO 2040 VISION + PLAN 229 EDA Agenda: 02/10/21 7. Economic Development Director's Report (JT) A. Additional MN-COVID-19 Business Relief Funding to Counties: Wright County received $2,700,000 from the State based on its population. They are encouraging businesses that have been negatively impacted by the pandemic shutdowns to submit applications for the grant awards of up to $20,000 for businesses and $6,000 for sole proprietorship type entities. City staff have been contacting Monticello businesses about the relief program. The grant funding application deadline was Monday, February 8, 2021. The County is suggesting that applicants can complete the form on February 8, 2021 and send in required supporting documentation after that date. The County press release is attached as Exhibit A. B. Project Gia-Saurus Update: Task efforts related to Project Gia-Saurus have been organized into four areas and each is accompanied by a short summary of the work status below: 1. Legislative — in a standstill phase and monitoring COVID-19 stimulus discussions. 2. Federal and State funding programs — status of tasks awaits further direction related to a definitive site for the proposal. Funding would be primarily used for infrastructure which may or may not include a building. Staff plans an internal discussion in January on this item. 3. Industrial Land Feasibility Study — Completed by WSB. Study has been revised through add on Memos identifying full ultimate public infrastructure development costs. The Memo(s) still identify three viable sites with infrastructure costs ranging from $4,000,000 to $18,000,000. An additional fourth site was reviewed only in relation to dimensional fit and not studied further as to infrastructure layout and environmental impacts or constraints. 4. Project and Process Review -Communications — Continuance of efforts to understand the desired development timeframe and deadlines. Also, additional collaborative efforts to introduce equity partners and/or willing large project lenders or developers capable of building and owning the building and leasing it to Gel-X Corporation. A thorough review of company due -diligence information is expected at the time of funding applications. A Letter of Intent (LOI) between the EDA and Gel-X is also currently in a rough draft format and be completed in short order as the status of the proposal evolves in the coming weeks or month. Its ultimate contents and form will hinge on a final site determination. The Draft LOI will need to be reviewed by all involved parties prior to formal consideration. Staff will continue to work various tasks on all of these tracks to keep moving the proposal forward. Due to the efforts of City staff over the past several months, third party funding assistance discussions have occurred with potential agreements occurring. The three (3) third party entities have expressed interest in various project components. In light of these third -party efforts and discussions, staff continue to monitor the general progress and maintain communication with each of them. A general overview of the third -party efforts is provided below. EDA Agenda: 02/10/21 ✓ Equity Funding Partner (100 percent of required funding) — on hold ✓ Real Estate Developer Partner (Building facilities in a lease arrangement with Gel-X) - Multiple meetings have been held; due -diligence and positive discussion moved steadily toward a possible agreement. Developer is waiting on the site information from the City as a next step. ✓ Bank Lender Partner (Equipment funding Loan) — Mtg occurred on 1-22-21 C. UMC Expansion Project Update: UMC continues to work on final financing steps and ordering supplies and materials for the 58,000 square foot expansion project. The expected start to construction is approximately March 25, 2021. The building permit application and related materials have been reviewed and are ready to issue. Footings and foundation permits will be issued when UMC is ready for it. D. Block 52 EDA Property Acquisition and Developer Discussion Update: The Monti Arts Program has requested permission to use the corner buildings, 101 and 107 West Broadway, for arts display activities and also creating art projects. The art displays are complete and installed at the building as of February 3, 2021. The visibility of the site lends itself to the Arts Program efforts. Again, Public Works will also be responsible for removal of snow at the front of the building and in the rear parking lot area. A follow up meeting with Cl Construction -Good Neighbor Properties, Alexandria, MN occurred on Wednesday, January 20, 2020. Mayor Hilgart and Jim Thares traveled to Alexandria to meet with the prospective developer. The takeaway was that this was a helpful follow-up session. CI Construction expressed interest in a potential meeting with the entire EDA in the future if that is deemed useful or required. No definitive timetable for next steps was identified. E. Community Energy Transition (CET) Grant Program Application Update: The City was notified via letter from MN -DEED that its CET Grant application submittal was approved in the amount of $500,000. CET Grants are intended to support communities in their efforts to transition away from major power generating facilities. The presence of Xcel Monticello Nuclear Generating Plant (MNGP) has had an outsized impact in creating a vibrant and healthy economy and community for many years. The future of the plant is that it will face a closure in 2030 or possibly as late as 2040. The City proposes to use the grant funds to create a Strategic Transition Plan and also to complete environmental studies of potential new industrial sites along with shovel -ready documentation for such areas. Additional work components include financial modeling related to revenue mix and sourcing capital for necessary public facility investments needed to attract new business investment and development, marketing material and medium upgrades and legislative lobbying efforts raising awareness of needed financial assistance. MN -DEED intends to award the CET Grants by early March 2021. Grantees will EDA Agenda: 02/10/21 have until June 30, 2022 to complete the work components and draw and spend the funds. See Exhibit B. F. EDAM Winter Conference: Jim Thares and Jacob Thunander attended the Virtual Remote EDAM Winter Conference Sessions on January 21-22, 2021. Sessions included: Communities and what they mean in a social and economic sense; Building a Crisis Ready Culture (Pandemic Response); Discussion with Site Selectors about factors influencing site location decisions; St. Cloud, MN Response Effort and Plan related to closure of Frigidaire Plant (loss of 830 FTE jobs); Democratizing Business through ESOPs; Blueprint for Minnesota's Economy - looking 10 years into the future; Virtual Site Visits; and a Legislative Update by Minnesota legislators. See Exhibit C. G. EDA Meeting Stipend Update: The City Personnel Committee will be the initiator of the discussion of meeting stipends. The City Council would be the final decision point in authorizing any necessary recommended amendment of the EDA Bylaws regarding authorizing meeting stipends. H. Prospect List Update: Please see the updated Prospect List as Exhibit D. I. WSB Update Report: See attached report as Exhibit E. I Broadway Parking Lot Easement Maintenance Fees: The 2021 monthly fee amount is set at $198.02 per month for the EDA's share of the operating budget. This compares to $164.17 per month for 2020. The monthly increase is $33.85 or a total of $406.20. Item 6. Exhibit A Below you will find the information that has been shared regarding Wright County COVID-19 Grants. County to Open Applications for Small Business Relief Grants 1-05-21 In mid -December, the Minnesota State Legislature approved a Minnesota Small Business Relief Grant package to assist small businesses damaged by the COVID-19 pandemic and specifically losses directly resulting from Executive Order 20-99 signed by Gov. Tim Walz that forced businesses like restaurants, bars, theaters and gyms to once again shut down or greatly reduce access to the public. Under the formula for the small business grant program, Wright County's allocation will be approximately $2.7 million. This is anticipated to be available on or about Monday, January 11, 2021. As it did with CARES Act funds, the Wright County Board of Commissioners has authorized extending business grants to local small businesses most deeply impacted by the pandemic. Commissioner Darek Vetsch explained that the Wright County program will target those in most need of immediate funding assistance. "The state has recognized that many small businesses in Minnesota have been struggling to survive since COVID forced closures back in the spring and again in November. This program has many similarities to what Wright County set up with its CARES Act allocation, but, with any state- or federal -run program, there are going to be guidelines that small businesses will have to meet in order to be eligible," Vetsch explained. Businesses will be divided into three groups: those specifically earmarked for multiple small-business funding sources (table service restaurants, gyms, theaters, entertainment -related businesses, etc.); sole proprietor businesses that may only have one employee (hairdresser, barber, DJ's, photo studios, cake bakers, etc.); and nonprofits and promoters of performing arts, sports and similar events in facilities (youth sports, county fairs, camps, etc.). Wright County staff is in the process of setting up an application portal that will be available on the county website (www.co.wright.mn.us) and allow business owners to fill out their applications electronically. It is expected to "go live" on or before January 11, 2021. Vetsch pointed out that there will be quite a bit of documentation required to demonstrate a business loss. Including the impact was the result of Executive Order 20-99 or previous Executive Orders that shut down or greatly curtailed the ability for small businesses to operate as normal. "There are certain hoops you have to jump through because the state will be conducting a stringent audit of how the funds were allocated. Therefore, those seeking assistance will have to provide the background materials to quantify their business losses," Vetsch said. "Small business owners will have to provide their federal tax return, profit/loss statements for the final two quarters of 2019 and all of 2020, a current business filing with the Minnesota Secretary of State's Office, a business eligible expense worksheet with the supporting receipts, acknowledgement that the eligible expenses have not or will not be reimbursed from another funding source and, in the case of home -based businesses, that the home -based business is that person's primary source of income. There will be a lot that goes into this process." Depending on the number of employees, a small business can request up to $20,000 ($6,000 for a home - based business). The application process is expected to open on or about January 11 and will close Monday, February 8. All funds are expected to be disbursed by Tuesday, February 16. Vetsch said the biggest unknown, at the moment, is how many small businesses will apply and how many will be awarded grant funds for eligible expenses. He said that the three -tiered grouping of business classifications is an attempt to provide relief for as many businesses as possible. "We know that some businesses have been damaged so severely that $5,000, $10,000 or even $20,000 may not be enough to make them whole as a business," Vetsch said. 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V ro a ra Lv 7 N Q C C = Q a o +� N Q' ♦L-+ c m w >O .N C N E q u V a> Y o x E E d O G O j t�f •� N Q O d d N p O :O a.+ t0 O O C a- d O ..L.. to N .E > -p �✓ O N o`V ro OO 2: v L c �E O O In NLA � a O cc cc: . w,NCaoo '> a Ea a o :E� O a C tm C � CO cc 7 vccE >N � ' E E 0) E o Eo .0 LL > c> a� h o> ro c h m d u E m Q> h v o -a a a h p E oLn E y u o Et c y rn >> h n 70 C O ro � ,720 0 Cl y '= Q' C z U) 0 O u •" E •�.. C aw to +-� E fp y CO a c Q V: V E a) a)L p u Q w +a E> v c, 0 06 Q E � 3 N ti a Q E C " 0 'C c i fp ��_ y' fo O O -> 4 O0 co to Q nnLni-Er) O ^, U U L N Q W • • • • lanuary 29, 2021 The Honorable Lloyd Nljgart Mayor, City of Monticello WSWalnut St. Monticello.MN 55362 Dear Mayor Hilgart: Grant Awards - Community Energy Transition Grant Program The Department of Employment and Economic Development is pleased to announce the recent awards from the Community Energy Transition Grant Program. Following is a list of the projects selected for funding along with the grant amounts. Congratulations to the above grant recipients! We are pleased to partner with these communities to address economic challenges resulting from decommissioning of local power plants. For additional information, contact Kristin Lukes, Brownfie Ids and Redevelopment Director at 651-259-7451. AeBards. e✓e Gin✓e 6MARraazz6 nm/ss/over arror Bruce O. Anderson esenfsfrlre Marion O'Nel// EDAM 2021 Winter Conference Event Schedule Thu, Jan 21, 2021 8:30am President's Welcome & Annual Meeting 0 8:30am - 8:45am, Jan 21 v* Speakers 6 Kim Lindquist Community Development Director, City of Rosemount Morgan Hill Market Strategist, ISG 8:45am Keynote * For the Love of Cities: 2020 & Beyond 0 8:45am - 9:45am, Jan 21 1.0 AICP Credit Join author Peter Kageyama for an exploration of how our relationship with our places has been indelibly changed by the hurricane of events that is 2020. Our cities, our communities are more important than ever before and we have new opportunities in the way we think about community, social and economic development. Check out Peter's books: m0' Loves, wa TTEN as PETER K A G E Y A M A Learn more about Peter View Past Presentations v1Speaker 0 Peter Kageyama Senior Fellow, Alliance for Innovation 9:45a m Break * Visit with exhibitors & connect with each other 0 9:45am - 10:00am, Jan 21 coft Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 10:00a m Building a Crisis -Ready Culture During a Pandemic 0 10:00am - 11:00am, Jan 21 1.0 AICP Credit No organization is immune to a crisis - but that doesn't mean you can't be prepared. Your best defense is a crisis -ready culture that can help you spot potential issues; act swiftly in a crisis; reflect your values and build trust with your audiences. Goff Public's communications pros will share five steps to building a crisis - ready culture at your organization, including tools to communicate and engage with your key audiences in this moment and how to respond well in a crisis. -t* Speakers Iwo Ashley Aram Senior Account Manager, Goff Public 0 Sara Swenson Director, Public Relations, Goff Public Q&A Session * For the Love of Cities: 2020 & Beyond 0 10:00am - 11:00am, Jan 21 What ideas did the For the Love of Cities opening keynote spark for you? This is your chance to get your questions answered in our conversation with Peter Kageyama. -r*Speaker go Peter Kageyama Senior Fellow, Alliance for Innovation 11:OOa m Break * Visit with exhibitors & connect with each other 0 11:00am - 11:15am, Jan 21 M Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 11:15am Excellence in Economic Development Awards 0 11:15am - 11:45am, Jan 21 Join us as we honor outstanding people, projects, and initiatives that made waves in the economic development community in the past year! 11:45a m Lunch Break 0 11:45am - 1:00pm, Jan 21 em Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! A Discussion with Site Selectors 0 1:00pm - 2:00pm, Jan 21 1.0 AICP Credit Join us for a discussion with site selectors from Twitter, Newmark, and BeyondHQ, exploring key issues including: • How to find a location that ensures access to talent/labor, optimizes operating cost, and mitigates geo-specific risks • How to plan, program, and design the workplace to align functions and space, enable purposeful collaboration, allow for privacy, and create a safe and healthy work environment • How to streamline and digitize workflows for location and portfolio decision making Ti Moderator ;4-1 -- - Kylle Jordan Director, Business Investment, GREATER MSP T* Speakers 4i--- Catharine Broadnax Sr. Program Manager, Location Strategy, Twitter a.s Gabriel Dion Director, Global Corporate Services and Consulting, Newmark r2• Rajeev Thakur Head of Growth and Client Strategy, BeyondHQ 2:00 p m Break * Visit with exhibitors & connect with each other 0 2:OOpm - 2:15pm, Jan 21 Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 2:15pm We're Closing Our Plant: Preparing for the Loss of Your Largest Manufacturer 0 2:15pm - 3:15pm, Jan 21 1.0 AICP Credit In January 2018, Electrolux announced it would close its freezer manufacturing plant in St. Cloud in April 2020. The City would lose its largest manufacturer, a business that had been operating there since 1947, and nearly 900 employees would be laid off. Resources were galvanized to help the workers plan for next steps, but what about the City? Join us to hear how St. Cloud successfully applied for an Economic Adjustment Assistance grant from the U.S. Economic Development Administration (EDA) to fund economic recovery efforts ahead of the closure. Through the grant, the City is positioning itself for future growth. Efforts for recovery included conducting a target industry analysis, a uniquely focused BRE effort, and developing new marketing strategies. Additionally, a second application to address training needs in the community was submitted to the Federal EDA and an additional $2.5 M was awarded. Learn about the process, challenges and tips for working on an EDA grant. YJ Speakers Cathy Mehelich Director of Economic Development, City of St. Cloud Kirstin Barsness Director of Business Development, City of St. Cloud 0 Tammy Bierney Career Solutions, City of St. Cloud From Talent Development to Wealth Building: How a Focus on Systems Disruption Amplifies Outcomes for Youth o AICP Creditl Breakout Ses 1.0 AICP Credit The entry point to the workforce has changed. Young people entering the workforce now need a credential certificate or degree to launch a career. The goal of the Greater Twin Cities United Way (GTCUW) is that all students have a zero -debt post -secondary option to career paths of their choosing that include $25/hour jobs. This session will focus on the tools and methods used to shift workforce development initiatives like career pathways from an employer focus to a student and incumbent worker focus. The work of the Greater Twin Cities United Way both meets and exceeds the employer's talent needs while remaining centered on the individual outcomes for youth so that they can build wealth and become leaders within their communities. They currently partner with 16 different school districts throughout Minnesota to ensure that students have exposure, experience, and expertise in high wage, high demand career fields. This presentation will highlight voices in Greater Minnesota through a partnership with the Southwest Initiative Foundation. viSpeakers t" Scott Marquardt Vice President, Southwest Initiative Foundation Sareen Dunleavy-Keenan Program Officer for Career Academies, Greater Twin Cities United Way 3:15pm Break * Visit with exhibitors & connect with each other 0 3:15pm - 3:30pm, Jan 21 �� Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 3:30pm Case Studies in Community Response to COVID-19 0 3:30pm - 4:30pm, Jan 21 RON M. 1.0 AICP Credit Tom Leighton and Rani Bhattacharyya will interview a panel of economic development specialists who participated in a series of case studies on their community responses to COVID-19 that supported area businesses. Panelists will be from both rural and urban communities that were profiled in the case studies and the hosts will also discuss six central responses that were observed in Minnesotan communities. T* Speakers is Rani Bhattacharyya Extension Educator, University of Minnesota Extension Tom Leighton Economic Development Specialist, Stantec Meg Beekman Community Development Director, City of Brooklyn Center Annie Deckert Executive Director, Greater Fergus Falls Kristin Guild Deputy Director, Department of Planning & Economic Development, City of Saint Paul Terri Heggie Crookston Chamber of Commerce, Executive Director Retaining and Democratizing Community Businesses Through Cooperative Employee Ownership 0 3:30pm - 4:30pm, Jan 21 1.0 AICP Credit Communities suffer when they lose businesses, especially in rural areas. Since it's generally is easier to retain businesses that already exist than to create or attract new businesses, business retention and succession is key. This is true both because of owner retirements and the business shutdowns caused by COVID-19. The COVID-19 pandemic has revealed and worsened inequities in our economy, especially for lower income workers, people of color, and other disadvantaged populations. Wealth creation is more difficult for people in these populations. Cooperative ownership addresses both issues: business retention and inclusive development. This presentation will cover: • The opportunity in Minnesota for business transitions to employee ownership • The big picture of employee ownership (ESOPs and especially worker co-ops) • The nuts and bolts of conversions to co-ops • Resources and how to learn more and get involved t-. Speakers Michael Darger Director, Business Retention & Expansion, University of Minnesota Extension - Community Vitality Kevin Edberg Executive Director, Cooperative Development Services (CDS) Fri, Jan 22, 2021 8:30a m Welcome & Daily Kick -Off 0 8:30am - 8:45am, Jan 22 Join us for a quick welcome and orientation to the day's activities from EDAM President Morgan Hill. v* Speaker 0 Morgan Hill Market Strategist, ISG 8:45am Minnesota 2030: A Blueprint for Minnesota's Economy O 8:45am - 9:45am, Jan 22 1.0 AICP Credit In the spring of 2019, the Minnesota Chamber Foundation launched Minnesota: 2030, a ten year outlook for Minnesota's economy. The study asked two fundamental questions: how is Minnesota positioned to grow and develop its economy over the next decade, and what can be done to help Minnesota's economy grow to its full potential? Working with the global economic forecasting firm, IHS Markit, and seeking input from business and stakeholder leaders across Minnesota, we've collected volumes of data to inform our work. The project was paused due to the pandemic, however, the ten year outlook will be complete by the end of the year. In the interim, the Foundation worked with IHS Markit to produce a flash report, detailing the immediate impact of COVID-19 on Minnesota's economy. The final report will incorporate all this data, and include our recommendations to ensure Minnesota's economy is positioned reach its full potential in the next decade. v* Speakers Jennifer Byers Executive Director, Minnesota Chamber Foundation 0 Sean O'Neil Director of Economic Research, Minnesota Chamber Foundation is Tom Forsythe Owner, CCO Communications The Latest on Virtual Site Visits O 8:45am - 9:45am, Jan 22 1.0 AICP Credit In recent months virtual site visits have exploded in popularity due to travel restrictions from COVID-19, and anecdotal evidence suggests economic development organizations providing them are having more success engaging site selectors than those not providing them. In this session, attendees will learn: • What a virtual site visit is and is not • The five components that makeup a comprehensive virtual site visit • The technologies that enable virtual site visits • How businesses are adopting virtual site visits as a standard part of their site selection process • How economic developers can incorporate local data and local strengths into virtual site visits v* Speaker Ron Bertasi CEO, GIS WebTech 9:45a m Break * Visit with exhibitors & connect with each other 0 9:45am - 10:00am, Jan 22 em Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 10:00a m Fostering Economic Development Through Ecosystem Building 0 10:00am - 11:00am, Jan 22 1.0 AICP Credit Learn how the commitment to be open for business has allowed the City of Brownsville to build ecosystems that attract and promote investment through education, empowerment, and contact facilitation. The panel will explore the following: • Asset Mapping -What competitive advantages and disadvantages does your community have? • Stakeholder Involvement - Stakeholders as the key to push collaboration and innovation forward. • Nontraditional Economic Development - Creative solutions to drive results forward a local -first approach. vzl Speakers 0 Constanza Miner Retail and Redevelopment Manager, City of Brownsville, Texas 0 Helen Ramirez Deputy City Manager, City of Brownsville, Texas 0 Josh Mejia Executive Director, Brownsville Community Improvement Corporation 11:00a m Break * Visit with exhibitors & connect with each other 0 11:00am - 11:15am, Jan 22 Refresh between sessions, get up and stretch, and check out the virtual exhibit hall! 11:15am Legislative Update O 11:15am - 12:15pm, Jan 22 TiSpeaker so Sen. Eric Pratt R, District 55 / Minnesota State Senator, Minnesota Senate Powered By Whova PROSPECT LIST 1/29/2021 Date of Contact Company Name Business Category Project Description Building -Facility Retained Jobs New Jobs Total Investment Project Status 11/12/2016 MN DEED Prospect Metal Mfg. Exist Facility+ Equip 65,000 sq. ft. 0 55 - 100 $2,500,000 Active Search 11/17/2016 Project Novus v2 Precision Machining New Facility Constr.+ Equip 52,000 sq. ft. 205 60 $10,831,000 Constrtuction 6Z� Project #6580 Metal Mfg. .1111ft New Facility Constr. jlll� 70,000 sa. ft. 0 5,480,000 n Hold AN 6/26/2017 Project Basil Bio-Ag. New Facility Constr. + Equip 165,000 sq. ft. 0 77 $11,000,000 Active Search 10/4/2017 Project Shepherd Tool Mfg. New Construction 70,000 sq. ft. 60 50 $5,900,000 On -Hold 10/17/2017 Project Ted Equipment Mfg. New Equipment N/A 45 ? $650,000 Concept Stag 4/3/2018 Project Hawk-FBN Wholesale Dist Facil New Construction 35,000 sq. ft. 17 7 $3,905,000 Active Search 5/22/2018 Karlsburger Foods Food Products Mfg. Facilty Expansion 20,000 sq. ft. 49 3 +/- $2,500,000 Act -Plan -Fin 7/3/2018 Project Synergy Office New Construction 15,000 to 20,000 sq. ft. 15 $3,000,000 Concept Stag 7/30/2018 Project Saturn Plastic Products Mfg. New Construction 5,000+/- sq. ft. 4+/- $830,000 Active Search 8/10/2018 Project Jupiter Metal Mfg. New Construction 5,000 sq. ft. +/- 3 $800,000 Active Search 11/29/2018 Project Blitzen Precision Machining Exist Bldg or New Const. 12,000 sq. ft. 10 $1,200,000 Concept Stag 12/14/2018 Project Comet Commercial Bus New Const. 1,700 sq. ft. +/- 7 $700,000 Active Search 3/28/2019 Project Nutt Co -Working Space Existing Building ? ? ? ? Concept Stag 5/9/2019 Project FSJP Light Mfg -Res. Lab New Construction 20,000 sq. ft. 0 20+/- $1,400,000 Act Search 8/16/2019 Project Jaguar Office New Construction 22,000 sq. ft. 22 4 $2,700,000 Act Search 8/25/2019 Ausco Design Service-Lt Prod. Existing Building 8,000 sq. ft. 4 3 $665,000 Concept Stag 9/19/2019 Project Kata Service New Construction 22,000 to 35,000 sq. ft. 0 25 $7,900,000 Concept Stag Project Dancer Light Mfg. New Construction 25,000 Sq. ft. +/- 35 to 37 $2,200,000 Concept Stag roject a ervice- hild Care- New Construction dive earcProject t GiaSaurus Medical Prod. Mfg. AL New Construction 175,000 sq. ft. 0 75 $50,000,000 Active SearchProject Copperhead Utility Locating Prod. Mfg. Expansion of Existing Bldg 7,36 11 $630,000 Construction 5/21/2020 Verde Plus Lawn Care Service Existing or New Construction 4,000 to 6,000 sq. ft. 0 3 $550,000 Active Search 8/27/2020 Project Nuss Combo Service -sale New Construction 20,000 sq. ft. 0 20 to 30 $3,500,000 Concept Stag 12/23/2020 Project TD Industrial Existing or New Construction 10,000 to 15,000 sq. ft. 0 5 to 7 $800,000 Concept Stag 11/5/2020 Project Flowe YTD = 03 Office 7,000-8,000 sq. ft. 0 12 $750,000 Concept Stage Contacts: M = 03 2 0 U U` Z w m U) CD 00 Z �i J 0 a w Z Z 2 0 Cl) w U) T w Z) Z w a Z w x 0 wsb Memorandum To: Jim Thares, Economic Development Manager From: Jim Gromberg, Economic Development Coordinator Date: February 5, 2021 Re: Quarterly Report WSB Project No. 013322-00 Thank you for the opportunity to continue to assist the City of Monticello in their continued efforts to provide economic vitality for the community and the residents. We have finally reached the end of 2020, and hopefully 2021 will be a less exciting year for challenges facing the City and the economy. Below are updates on some of the projects and insights to the trends currently facing the City. Project Updates: Project Gia-Saurus: The project continues to move forward with the Company meeting with another developer that is interested in completing a build to suit and leasing the facility back to the company. As with the other organizations the company is considering the building of the facility and leasing it back to the company on a long-term basis. The developer is encouraging the company on the design of the building to be more user friendly if the facility needs to be repurposed in the future. The City has completed a meeting with the Company about the funding of the equipment required for the new facility with a local finical institution. The meeting went well, and the institution is interested in pursuing the project further. One of the major hurdles facing the project is the identification of a final site. New Industrial Park: The City continues to review sites for the new industrial park and has applied for a CET grant to assist with the planning needs for the project. These include the AUAR, environmental reviews, and infrastructure planning and design. Should the City receive the funding, the development of the new industrial area will be advanced significantly. The City should learn in early February if they are successful and the amount of the award for the grant. Comprehensive Plan: The City has completed the comprehensive plan process and it is available for the EDA to review and use as a planning document as they develop the annual work plan. The comprehensive plan will help the City and EDA plan the direction of the community over the next 20 years. The economic development chapter is designed to provide the EDA direction, but the annual work plan provides the specific activities to allow for the fulfillment of the plan. Economic Trends: 2020 was a mixed bag for the economy and 2021 is starting out in a similar manner. The pandemic continues to affect the economy and it appears this will continue through at the least for first half of 2021 until a significant number of people have been vaccinated. The federal government is working on the third COVID relief package and with the change in the white house and senate it appears that a significant assistance package will be passed. It may include additional direct payments to taxpayers and assistance to local communities and businesses hard hit buy the pandemic. The final use of the assistance for communities has not Monticello EDA February 5, 2021 Page 2 been determined but it may allow for cities to replace lost tax revenues. The new administration has also signed an executive order requiring the purchase of American made products by the federal government which could help the Gia-Saurus projects success. Minnesota's unemployment rate fell in December to 4.4% (seasonally adjusted) down from 4.5% in November. This is compared to the December 2019 which had a seasonally adjusted rate of 3.3%. However, Minnesota's labor participation rate fell to 67.5% from 67.9% in November. The decline was entirely due to people leaving the labor force from both employment and unemployment. The number of unemployed fell 4,048 and the number of employed fell 11,440 for a total decline of 15,488 in Minnesota's labor force. A bright spot in the economy in Minnesota is the continued strong sales of homes with .90 months' supply available for purchase down from 1.7 in December 2019. A month's supply of 1.0 equates to for every home purchased another becomes available. The limited supply is reflected in the prices for homes rising to a median value of $307,000 for the MSA and increase of $28,000 from December 2019. This limited availability and increasing costs will help encourage the growth of new residential developments in Monticello as the market continues to tighten. A continued bright spot for the commercial real estate markets in the potential need for additional distribution facilities as more consumers take advantage of the e-commerce opportunities. This potential need will further be strengthened by surviving retailers moving away from the traditional "just in time" process and holding more stock in their stores and to begin to use those stores as small distribution facilities. An example of this trend was Kohl's which reported a decrease in sales of 13% and in store traffic down significantly. However, balancing this decrease in foot traffic was a digital sales growth remaining strong, up more than 20%, and accounted for more than 40% of net sales, with stores playing a critical role in supporting the heightened demand. Please let me know if you have any questions concerning the above projects or require additional information on the projects. In addition, let me know if you have additional projects that should be reviewed and included. Item 7. Exhibit F-1 EDA — Broadway Parking Lot Easement 2020 Expenses From: Amber Dickhausen <mail@managebuilding.com> Sent: Thursday, January 28, 2021 12:48 PM To: AP <AP@ci.monticello.mn.us> Subject: 2020 CAM Reconciliation - Individual Good Afternoon, The 2020 reconciliation was completed. The total expenses were a tad over what was estimated for, as shown below: Electricity 1200 Grounds Maintenance 9941.72 Management Fees 1800 Maintenance & Repairs 267 Reserve 3000 Total 16208.72 This means there is a slight adjust for the 2020 CAM amounts due by each owner: Owner Estimate Monthly 2020 Actual Monthly 2020 Difference Annual Difference City of Monticello 162.13 164.17 -2.04 -24.48 This amount will be reflected on your owner ledger, along with the new updated 2021 Estimated Budget which had been sent out earlier this week. Those updated charges have been entered already. 2021 Budget Requirements Good Morning, Please review your 2021 CAM charges, I attached the budget that had gone out a couple weeks earlier. for comments/review. You can log onto you owner website to pay your 2021 CAM, you can mail in funds, or you can call and someone from our office will assist you with payment. 2021 CAM Budget Total: $19,550 annual $1,629.17 monthly Owner Monthly Annual City of Monticello 198.02 $2,376.24 Thank you, Amber Dickhausen 2021 Broadway Parking Budget I Broadway Parking BPM Easement - COMMERCIAL I FY2021 B U L L S E Y E As of 1/26/2021 PROPERTY MARAGEMERT&REALTY Bullseye Property Management & Realty 35 Lake Street S, Suite 500 Big Lake, MN 55309 (763)295-6566 Account Mar I Aug Income Common Area Maintenance 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 $19,550.00 Total for Income 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 $19,550.00 Expenses Common Area Maintenance (CAM) Electricity CAM 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 125.00 $1,500.00 Grounds Maintenance (Lawn/Snow) CAM 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 1083.33 $13,000.00 Management Fees CAM 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 150.00 $1,800.00 Subtotal for Common Area Maintenance (CAM) 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 1358.33 $16,300.00 Maintenance & Repairs Labor 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 $250.00 Subtotal for Maintenance & Repairs 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 20.83 $250.00 Reserve Account 250.00 250.00 250.00 250.00 250.00 250.00 250.00 250.00 250.00 250.00 250.00 250.00 $3,000.00 Total for Expenses 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 1629.17 $19,550.00 Net Operating Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $o.00 Net Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 $0.00 Generated 1/26/2021 7:03 AM Page 1 of 1