HRA Agenda 09-07-2005
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AGENDA
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, September 7, 2005 - 6:00 p.m,
505 Walnut Street - Bridge Room
Commissioners:
Chair Darrin Lahr, Vice Chair Dan Frie, Steve Andrews, Brad Barger, and Bill
Fair.
Council Liaison:
Wayne Mayer.
Staff: Rick Wolfsteller, Ollie Koropchak, and Angela Shumann.
1. Call to Order.
2. Consideration to approve the August 16, 2005, and the August 29, 2005 HRA minutes.
3. Consideration of adding or removing items from the agenda.
4. Consideration to adopt a resolution approving the elimination of parcels from TIP District No. 1-
22 located within Central Monticello Redevelopment Project No.1 in the City of Monticello.
5. Consideration to approve a resolution adopting the modification to the Redevelopment Plan for
Central Monticello Redevelopment Project No. I and establishment of Redevelopment TIF
District No. ] -35 and its Plan thereto..
6.
Consideration to adopt a resolution approving the Contract for Private Development by and
among Master's Fifth Avenue, Inc. and the Housing and Redevelopment Authority in and for the
City of Monticello.
7. Consideration to authorize payment ofl--IRA bills.
8. Consideration of HRA Executive Report.
9.
Committee Reports:
Marketing
Fiber Optics
10. Other Business:
Next HRA meeting - Wednesday, October 5, 2005
II. Adjournment.
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MINUTES - SPECIAL MEETING
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Tuesday, August 16th, 2005
505 Walnut Street - Boom Room
Commissioners Present:
Steve Andrews, Brad Barger, Bill Fair, Darrin Lahr
Commissioners Absent:
Dan Frie
Council Liaison Absent:
Wayne Mayer
Staff Present:
Rick Wolfsteller, Ollie Koropchak, and Angela Schumann.
1. Call to Order
Chairman Lahr called the meeting to order at 6:00 PM and declared a quorum.
2. Consideration to approve the June 18th and 2ih , 2005 HRA minutes.
MOTION BY COMMISSIONER BARGER TO APPROVE THE MINUTES OF
JUNE 27th, 2005.
MOTION SECONDED BY COMMISSIONER ANDREWS. MOTION
CARRIED.
MOTION BY COMMISSIONER FRIE TO APPROVE THE MINUTES OF
JUNE 18th, 2005, NOTING THAT COUNCIL LIAISON MAYER WAS NOT
PRESENT.
MOTION SECONDED BY COMMISSIONER BARGER. MOTION
CARRIED.
3. Consideration of adding or removing items from the agenda.
Koropchak added as item 13 entering into a license agreement between the
Cityll-IRA with Rocky Mountain, LLC.
Koropchak stated that item 5 regarding the public hearing on the business subsidy
agreement will be removed. The HRA will not consider adopting resolution at
this meeting, only discuss the item.
HRA Minutes 8/16/2005
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4. Consideration to approve a resolution adopting a modification to the
Redevelopment Plan for Central Minnesota Redevelopment Proiect Plan No.1
and establishing TIF District No. 1-36 and adopting the TIF Plan therefore.
Applicant: Rockv Mountain Group, LLC.
Koropchak explained that the resolution creates an economic district for the
purpose of the creation and retention of jobs. The district also includes
requirements for employment number and wage levels. Koropchak noted that the
plan prepared by Ehlers illustrates the requirements of the State statute in terms of
uses and funds for the district. The report also discusses the projected impacts of
the district on the City tax base. The report discusses the proposed project
specifically, including that the City will repay itself for costs incurred for
completion of public improvement projects. Koropchak stated that the
Dahlheimer site is 8.6 acre parcel. Koropchak reviewed the Ehlers cash flows
projection, noting that they illustrate a 5% interest rate and $61 per square foot
value. Koropchak stated that based on those calculations, $450,000 would be
collected in TIF. The resolution reiterates the project's process and public
purpose.
Barger clarified that the City is repaying itself for the public improvements.
Koropchak reiterated that an approval of this resolution only establishes the
district.
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MOTION BY COMMISSIONER FAIR TO APPROVE A RESOLUTION
ADOPTING A MODIFICATION TO THE REDEVELOPMENT PLAN FOR
CENTRAL MINNESOTA REDEVELOPMENT' PROJECT PLAN NO.1 AND
ESTABLISHING TIF DISTRICT NO. 1-36 AND ADOPTING 'fHE TIF PLAN
THEREFORE. APPLICANT: ROCKY MOUNTAIN GROUP, LLC.
MOTION SECONDED BY BARGER. MOTION CARRIED.
5. Public Hearing - Business Subsidy Agreement and Public Hearing ~ Sale of Land
Consideration to adopt a resolution approving Purchase and Redevelopment
Contract between the HRA and Rockv Mountain Group, LLC.
Koropchak asked the HRA to open and continue the public hearing on the sale of
land to the August 29th meeting.
Chairman Lahr opened the public hearing.
MOTION BY COMMISISONER ANDREWS TO CONTINUE THE PUBLIC
HEARING ON THE SALE OF LAND FROM AUGUST 16t\ 2005 TO
AUGUST 29th, 2005.
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MOTION SECONDED BY COMMISSIONER BARGER, MOTION
CARRIED,
Koropchak reported that removal of the public hearing on the business subsidy
was because of the notice on August 4th. Koropchak explained that Bubul had
indicated that in the special session, the legislature made changes to TIF statutes,
particularly related to the business subsidy act. Specifically, Koropchak stated
that they needed to add a clause in public hearing notice stating that "Any person
with residence or taxable property in Monticello may file a written complaint if
the guarantor" As this clause was not included at the time of the first publication,
it needed to be republished.
Fair asked ifthis would change the project timetable. Koropchak indicated that
City is working hard to meet the Dahlheimer's schedule, although they do not
have their plans in order at this time.
Fair asked how far along the City is in infrastructure improvements. Koropchak
reported that they are moving on schedule, to be complete in October. Koropchak
referred to the stock pile on the actual Dahlheimer lot. The estimated cost is
$27,000 to move the stockpile.
Fair asked about the siting of the lot. Koropchak reported that it would be at the
corner of School Boulevard and Chelsea Road.
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Koropchak reviewed the contract, noting declaration of covenants are included.
She also noted that the information related to the acquisition and conveyance of
the property allows the City to transfer property to HRA. There will be a quit
claim deed completed from City to the BRA. The HRA then transfers the deed to
the developer. The developer will pay $549,000 for the land. The land purchase
is five acres at $.95 cents per square foot with the remaining 3.65 acres at $2.15
per square foot. The internal loan is at 4%. Koropchak stated that approved
construction plans have not yet been provided. Koropchak also stated that there
will not be a mortgage, the sale will be made in cash and conveyed no later than
September 2nd. Koropchak stated that the BRA agreed to pay the state deed tax,
estimated to be $1812. In addition to the land cost, the buyer will pay $37,914 in
trunk fees for the extra 3.65 acres.
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Koropchak stated that general grading is to be included in the cost. Koropchak
indicated that the dilemma was the stock pile, and that the HRA does not have a
clear estimate for general grading. Koropchak noted that in the last conversation
with the buyer, they are not agreeable to moving the stockpile early at their cost.
Koropchak stated that a solution offered to the buyer would be that the City would
move the stockpile and the developer would do their own grading. The developer
could also use the extra sand from on-site ponding, Koropchak stated that WSB
seems to think that is reasonable. Koropchak stated that Bubul will make the
adjustments to the contract as noted. Andrews asked if the dirt in the stockpile
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has value. Koropchak thought it would be spread back over the site. WSB stated
that general grading is estimated at about $20,000, so with the use of the sand, the
resolution seems fair.
Wolfsteller stated that when the stockpile was put there, it wasn't expected that
City would sell that immediately, as a prime lot. The City was also not aware of
Dahlheimer's desire for that particular lot in May.
Koropchak reported that the stockpile would be gone in November, toward the
completion of the improvement projects.
Andrews asked what happens if we don't move the stockpile. Wolfsteller
commented that the current proposed resolution seems reasonable. Koropchak
reported that Simola had asked if it could be spread across the site. It was stated
that the road was not to a point that it could be.
Fair agreed with the proposed resolution.
Koropchak stated that the fair market value for 8.6 acres is $998,000+ with a
value of $2.65 per square foot. She noted that this number is relevant in terms of
the reimhursement purposes.
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Koropchak outlined the need to create jobs and wages within the district and the
requirements for reporting. Koropchak indicated that Dahlheimers have asked for
the written repOli to commence February 2007.
In discussion of the construction of minimum improvements required by May 1,
2007, Koropchak stated that the HRA understood they needed to be done by
December 31 Sl of 2005.
Koropchak stated that the buyers will see the contract changes tomorrow. Lahr
clarified that the BRA will be approving the contract with changes at the August
29th meeting. Koropchak confirmed. Fair asked if the contract would be
available for signature on the 29th. Koropchak stated that on August 22nd, the
Council will hold the public hearing on the TIF plan and approve the plan The
City Council will also consider the Business Subsidy Agreement and approve
subject to the HRA approving the contract. Fair asked when the title transfer
would take place. Koropchak stated it would depend on when the buyer can meet
the terms of the contract. The license agreement would come later.
6. Consideration to discuss first draft of the Contract for Private Redevelopment
between the HRA and Master's 5th Avenue.
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Koropchak reviewed her report, stating that the HRA had until September ih to
develop the private development contract. Lahr and Koropchak had discussed
that the HRA should provide some direction for Bubul in terms of writing the
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contract. Koropchak reported that Fluth had given approval to hire LBB as the
inspector and the inspection took place on Monday. Brad Johnson, representative
for Master Fifth A venue, repOlied that the actual inspection took 3 hours for the 3
houses. Koropchak stated that the paperwork for the inspections would be
available for review on September ih. Johnson stated that he had checked with
other cities, thcre aren't many inspectors that qualify, and he noted that it is
important to complete the right way for future liability.
Koropchak stated that the redevelopment district is for 25 years, and at a value of
$91 per square foot at a 6.5% interest rate, it is estimated that $172,000 would be
generated in TIF at thc present net value. Koropchak statcd that the previous but~
for numbers are different from what was provided with this HRA packet.
Koropchak stated that Bubul has some concerns with leaving three parcels in the
district, particularly if the devcloper is planning to move the home. Bubul's
concern is that if the house is declared substandard and using TIF, why would the
developer be allowed to move it to another location within the City. Instead,
Koropchak reported that Bubul is suggesting the use of only two parcels. Johnson
stated that without the report, it is hard to tell what should be included. Johnson
commented that the home doesn't fit the zoning for the CCD.
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Johnson explained that the house would be brought up to code when placed on
another site. Lahr inquired whether ifthe home is brought up to code, is it really
a problem. Mayer stated that the Council is going to ask the question related to
substandard housing being moved to another location. Koropehak indicated that
the TIF involvement in terms of the substandard test and coverage testmay make
it more simple to eliminate that parcel from the district. Johnson asked why then
are they paying for the report. Koropchak stated that thc inspection will answer
the substandard questions necded to resolve the issue. Koropchak reported that
both the inspector and Bubul had stated that it is much more difficult to qualify a
residential versus commercial property.
Johnson stated that the people living in the subject home plan to purchase it hased
on the move. Koropchak stated that there should be enough eligible costs to take
that parcel out. Koropchak also noted that the developer cannot move it until the
inspection is done.
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Lahr questioned why the Council would raise the relocation issue. Mayer stated
that it will get raised at the Council level due to TIF assistance. Fair noted that it
will have to meet building codes and zoning codes in order to get occupancy.
Johnson stated that in the next four weeks, they will be negotiating a development
agreement with the HRA. Johnson stated that he wanted to make the HRA aware
of some of those discussions as the redevelopment agreement is basis for the
project. Johnson referred to the new but-for analysis. Johnson indicated that
theoretically, it is how the original discussion on funding was based. Using the
Ehlers format, a return on equity with a $300,000 current value, would be at
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12.25%. .lohnson pointed out that Barry fluth already has $450,000 into the deal.
.lohnson explained that as the HRA has not had to acquire any house or property,
the developer is taking all the risk. .lolmson stated that one of the biggest
problems on the site is the Koppy garage. In order to improve the parking and
circulation, they would like to move it and have indications that Koppy would
now like to sell. Lahr asked if the HRA hadn't paid to do that once. Johnson
responded that the HRA paid to get parking lot there today. Johnson stated if
Fluth buys it, he has to guarantee Koppy storage somewhere for two years.
Andrews asked how much for the garage. Johnson answered that it would be
about $15,000, and inquired if the HRA cover the cost ofthe purchase. Johnson
pointed out that if another person buys the garage from Koppy, they have no
incentive to move it.
Koropchak reported that when the HRA did the contract for phase one, the
developer was provided $185,000 in pay-as-you go TIF assistance, with an
additional up-front amount of $75,000 for off-site improvements. This was to
include off-site parking on the five parcels to the east, including the Koppy parcel.
The agreement specifically included $45,000 for site improvements on the Koppy,
Hammond, and Paulson parcels. Koropchak reported the assumption was that
with that contribution, the garage was supposed to be moved at that time.
Johnson noted that $15,000 was to be applied to each of those three parcels, but it
did not specifically refer to the garage.
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Lahr asked about improvements being made to the site, Johnson replied that they
would be completing the re-paving, electrical, curb, etc. They have also
completed cross-easements for parking. Johnson stated that the whole parking
area is public. Koropchak indicated that Bubu1 recommended that the HRA make
a finding for public purpose in eliminating the garage. Andrews noted the garage
removal is was an opportunity to rid blight and deal with a problem. Johnson
stated that HRA would only commit to what is actually spent.
Fair recommended setting a cap, with the developer responsible for the balance.
Fair stated that the HRA paying rent for storage space wouldn't qualify as public
purpose. Koropchak reminded the HRA that funding would need to be up-front
dollars. Koropchak recommended not including the rent. Lahr recommended a
cap of $20,000.
Mayer stated that the $3,600 in proposed rent shouldn't be part of the price the
HRA pays.
MOTION BY COMMISSIONER ANDREWS TO AUTHORIZE UP TO $20,000
FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE
PURCHASE, RELATED IMPROVEMENTS AND REMOVAL OF THE
KOPPY GARAGE.
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MOTION SECONDED BY COMMISSIONER BARGER. MOTION CARRIED
UNANIMOUSL Y.
Koropchak also asked the HRA to provide guidance in the pay-as-you go amount.
Johnson stated that the financial advisor will say that the amount requested will
reflect a fair return on equity, stating that the risk should be related to the return.
Johnson stated that with no TIF assistance, this project would produce a 3.4%
return on equity. With $200,000 of assistance, it would be at 9.1 %. Johnson
commented on the project's unplanned expenses, made to make the site more
efficient. These include moving the trash enclosure, the LHB inspection fee, a
large expense for the relocation of the Xcel utility pole. .1 ohnson reported the
total for those items to be about $100,000 in extra expenditures.
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Lahr stated that in comparing the numbers, the one that stands out is the
contingency. Johnson stated that number is high due to previous experience of
working in this community. Johnson stated that they are trying to get to a number
that Ehlers will agree is a reasonable return on equity. Koropchak stated that $91
per square foot is high. Koropchak commented on the pay-as-you-go method of
assistance. She noted that on the cash-flow projections, Ehlers uses 6.5% over 25
years, and a $172,823 in net present value. With that model, Koropchak stated
that the TIF assistance shouldn't be greater then $175,000. lfthe developer is
asking for more, it has to come fi'om another district. Wolfsteller stated that what
is collected is what the developer actually gets in pay-as-you-go, the amount in
the contract is the maximum amount that could be received. . Andrews stated to
kecp in mind the $170,000, less the garage. Johnson stated that taxcs in
Monticello are very low because of the assessed valuation of commercial
properties. Johnson stated that the contract needs to be done on the ill.
THE HRA DIRECTED THE ATTORNEY 'fa PREPARE THE CONTRACT TO
PROVIDE $170,000 AND FUND THE GARAGE SEP ARATEL Y AT $20,000
UP-FRONT.
Johnson stated that the note's value will be based upon the assessed valuation and
the interest rate. He explained that vacancies will also affect their rate of return.
Fair reminded the HRA of the goals for redevelopment versus making money.
Koropchak noted that the developer also needs to go back to DA T and the
Planning Commission.
7. Consideration to discuss a request for redevelopment assistance for purchase and
demolition of a garage located within TIF District 1-32.
As discussed in item 6 above.
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8. Consideration to adopt a resolution authorizim! execution of a Tax Increment
Pledge Agreement with the City of Monticello relating to $25,150.000 G.O.
Bonds, Series 2005A.
Koropchak stated that the resolution authorizes an execution of an agreement
pledging the tax increment to the bond issue. The balance of the bond will be
paid by tax levy.
MOTION BY COMMISSIONER ANDREWS TO ADOPT A RESOLUTION
AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE
AGREEMENT WITH THE CITY OF MOTNICELLO RELATING TO
$25,150,000 G.O. BONDS, SERIES 2005A.
MOTION SECONDED BY COMMISSIONER LAHR. MOTION CARRIED
UNANIMOUSLY.
9. Consideration to discuss a request for renovationlrenewal assistance for
improvements to a commercial building located within TIF District No. 1-6
(Raindance Properties).
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Koropchak stated that the new owner of Maus Foods is planning to major
upgrades to compete with new and developing big box retailers. Koropchak
stated that she had checked with Bubul who indicated that non-restricted funds
could be used, should the HRA choose to act. In that case, Bubul had suggested
only a low-interest loan. As of December 2005, the BRA has $172,000 in district
1-6. The district does not decertify until 2013, although the HRA may need to
look at the plan to see if needs to be modified.
Lahr agreed that if anything was offered, it should only be the loan. Mayer asked
if as of the end of 2006, the district would decertify if nothing else was offered.
Koropchak stated that statutes allow the district to run its course if the HRA has a
plan to spend the money and to generate TIF. Lahr stated that as the district is
non-restrictive, that the HRA can use that money elsewhere.
Fair asked if the new owners are talking about renovation and renewal or keeping
the business as a grocery. Koropchak confirmed the latter was accurate. Mayer
asked if they would be completing an expansion. Koropchak stated it would just
be an exterior/interior improvements.
Barger stated that providing funding would set a precedent. Other HRA
Commissioners concurred. Koropchak noted that the building, in this case, does
generate increment. Lahr noted there may be higher and better uses for the
funding within the community.
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The BRA directed Koropchak to indicate to the property owners that there was no
interest in assistance at this time.
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10. Consideration to authorize payment of BRA bills.
Koropchak noted that the County is now charging to certify districts. That cost
will be passed along to applicants.
MOTION BY COMMISSIONER ANDREWS TO AUTHORIZE PAYMENT OF
HRA BILLS.
MOTION SECONDED BY COMMISSIONER FAIR. MOTION CARRIED
UNANIMOUSL Y.
11. Consideration of the Executive Director's Report.
Koropchak noted that she responded to a 300,000 square foot manufacturing user
intcrested in the business parle
Fair asked if the property owners or developers of the property near the Post
Office distribution center have come back to the City with a light manufacturing
plan. Koropchak stated that they are probably waiting for ih street extension.
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Koropchak reviewed fund balance information for district 1-5 and 1-6, noting that
Ehlers has stated that need to get plans in place in order not to lose funding. Lahr
recommended putting it on a future agenda.
12. Committee Reports:
Marketing
Koropchak indicated that the business park's website had received about 400 hits
to thc site, increasing after billboard went up.
CB Richard Ellis called and asked about commission rates for business park land.
Koropchak stated that it would be beneficial for the HRA to determine a
percentage up front. The HRA Commissioners discussed a 5-10% commission
based on the fair market value.
Fiber Optics
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Andrews reported that task force will be holding their last official meeting
tomorrow, and taking an official report and recommendation back to Council on
the August 22nd. The recommendation will be most likely to move ahead with the
feasibility study, and to continue the task force to work in conjunction with the
study.
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13. Other Business
A. License agreement -
Koropchak reported that the Dahlheimers have requested access to the property
before establishment of the TIF district and official land sale. They would like a
right of entry to do grading on site. The issue of the stockpile seems to prohibit
this at the current time.
Koropchak informed the Dahlheimer's representatives that the City would not let
them proceed without approved grading plans.
MOTION BY COMMISSIONER FAIR TO DENY THE REQUEST TO ENTER
INTO A LICENSE AGREEMENT UNTIL GRADING AND STOCKPILE
ISSUES ARE RESOLVED.
MOTION SECONDED BY COMMISSIONER ANDREWS. MOTION
CARRIED UNANIMOUSLY.
The HRA held another brief discussion regarding site grading within the business
park and the stockpile on the proposed Dahlheimer site.
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Lahr inquired about grading for other lots. Koropchak stated that preliminary
estimates were for $2,500 an acre. Wolfsteller commented that the stockpile
would be moved on the November 1 sl date, this is in contrast to moving it to meet
the buyer's timeframe.
The t-IRA recommended waiting until the land purchase is complete and the
agreement is signed to move the stockpile.
Mayer concurred.
14. Adjournment
MOTION BY COMMISSIONER BARGER TO ADJOURN AT 7:45 PM.
MOTION SECONDED BY COMMISSIONER ANDREWS. MOTION
CARRIED.
Secretary
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MINUTES OF SPECIAL MEETING
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Monday, August 29, 2005 - 6:00 p.m.
505 Walnut Street - West Prairie Room
Commissioners Present:
Chair Darrin Lahr, Vice Chair Dan Frie, Steve Andrews, and Brad
Barger.
Commissioners Absent:
Bill Fair.
Council Liaison Absent:
Wayne Mayer.
Staff Present: Ollie Koropchak.
I . Call to Order.
Chair Lahr called the special HRA meeting to order at 6:05 p.m. declaring a quorum.
2.
Public Hearinl.! on the Business Subsidy Agreement.
Koropchak noted the public hearing notice appeared in the local newspaper satisfying the
requirements of the amended Business Subsidy Act by the Legislators during the special
session. The Business Subsidy Agreement between the HRA and Rocky Mtn Group LLC is
located in Section 3.8 of the Purchase and Redevelopment Contract and outlines the number of
retained job and wage-level goals and the number of new job and wage-level goals, reporting
requirements, and remedies. On August 22, 2005, the City Council adopted a resolution
approving the Business Subsidy Agreement between the HRA and Rocky Mtn Group, LLC
subject to HRA approval ofthe Purchase and Redevelopment Contract.
Chair Lahr opened the public hearing for comments or questions. Hearing none, the public
hearing on the Business Subsidy Agreement was closed.
Continued Public Hearing on the Sale of Land.
Chair Lahr continued the public hearing on the sale of land. The public hearing was opened on
the August 16,2005, and continued to August 29,2005, for consistency with the business
subsidy agreement public hearing and consideration to approve of Purchase and
Redevelopment Contract. Unlike a City, the HRA must hold a public hearing on the sale of
land. The public hearing notice appeared in the local newspaper on August 4, 2005, meeting
the requirements for public notice. The HRA plans to convey 8.6 acres of land to Rocky Mtn
Group LLC according to the terms in ARTICLE III of the Purchase and Redevelopment
Contract.
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Bearing no comments or questions, Chair Lahr closed the public hearing on the sale of land.
Consideration to adoot a resolution approving Purchase and Redevelopment Contract between
the Housin!..': and Redevelooment Authoritv and Rockv Mtn Group, LLC
Koropchak noted the changes make to the Contract at the August 16 meeting and the changes
made in accordance to the attached letter from Chairman Lahr stating his recommendation that
the HRA remove the dirt pile at the HRA cost; and provide a rough graded site as per the June
22nd offer to Dahlheimer's. These changes were in bold print and underlined. Koropchak
verified that the substantially complete construction date for minimum improvements was May
L 2006, not 2007, and the redeveloper since has requested it be changed to May 31, 2006.
The proposed closing date no later than September 20,2005, they requested the 19th. The
assessment agreement states minimum market value on the property of $2,900,000 as of
January 2, 2006. A copy of a letter from Mr. Streeter to Mr. Lahr was distributed to the
commiSSioners.
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This biggest change occurred in Section 3.6 Soils, Environmental Conditions. Grading. It was
suggested on August 16th that the BRA remove the stockpile estimated at $27,000 and the
redeveloper complete the general site grading estimated at $20,000 at their cost with the use of
excess sand from another city site at an amount and value determined by WSB, Inc. The
Office of the HRA received the bids tl'om Nelson Builders on August 17 with the following
estimates: Rough grade reimbursement by City $45,000 and rough grade reimbursement by
redeveloper $98,000. Following the recommendation of the HRA Chair, the Contract Section
3.6 (b) was changed to reacl:
" Prior to closing, the authority will undertake (i) removal of the existing stockpile of dirt
located on the redevelopment property, at no additional cost to redeveloper (the cost
of which the authority will reimburse from the Tax Increment through the Interfund
Loan: and (ii) General grading of the redevelopment property at no add itional cost to
redeveloper (such cost being included in the purchase price). For purpose of this
section, the term "General Grading" means: stripping top soil per boring logs; exporting
excess topsoil offsite to an area designated by City's consulting engineer WSB &
Associates, Inc.; cutting existing high areas and filling low areas with existing suitable
material (but assuming no import of material from off-site): all according to plans
approved by WSB. General grading does not include additional fill work described in
paragraph (c) belc)\,y."
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(c) "After closing, redeveloper may transport "excess simd" from a city-owned site
adjacent to the redevelopment property, for use as additional fill material for the
redevelopment prorerty. The term "excess sand" means any amount oC sand not
needed by the city for other rurposcs, as determined by WSB. Redeveloper must pay
costs of transporting the sand, but will not be charged any other fee 1'01' the purchase of
sand."
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HRA Minutes - 08/29/05
Section 3.7 "In addition, the authority will pay an estimated amount of $27,300 to
remove the dirt stockpile on the redevelopment property under section 3.6 (c),which
amount represents an additional advance of funds for the benefit of the redeveloper."
Dollar amounts were adjusted accordingly. Chair Lahr noted the June 22lld offer included a
general site grading and no one at the meeting mentioned the stockpile was located on the
selected site. Lahr felt the gap of $15,000, the difference between the amount in the budget for
grading of the 120-acre site and the estimated cost for the general grading and removal of the
stockpile, was not an amount to hold up the project for a long standing Monticello company
and good neighbor. Koropchak noted because the excess sand at no cost to the redeveloper
and the cost to remove the stockpile were not included in the June 22nd offer, she felt it was not
the tax payers responsibility to pay the $27,300 for removal of the stockpile and had suggested
to Lahr on the phone a 50/50 split in the cost. The HRA agreed city staff and the consultants
had worked in good faith to move the project along. Mr. Streeter noted the appreciation of the
Dahlheimer's and the Ryan Company of the HRA Chair's willingness to expedite the project
and suggested the motion be subject to modification or clarification of the grading process.
Koropchak noted the resolution allows forthe Chair and Executive Director to make
modifications that do not alter the substance of the transaction.
With no major modifications to the third draft of the Contract as presented, BRAD BARGER
MADE A MOTION TO ADOPT A RESOLUTION APPROVING THE PURCHASE
AND REDEVELOPMENT CONTRACT BETWEEN THE BRA AND ROCKY MTN
GROUP LLC. DAN FRIE SECONDED THE MOTION AND WITH NO FURTHER
DISCUSSION, THE MOTION CARRIED.
"
,).
Other Business:
The I-IRA commissioners were given an invitation to join the IDC on September 6, 2005, at
7:00 a.m. to celebrate the first ever city-owned industrial parle Meet at County Road 39
West and Chelsea Road. The Times and WSB arc invited.
It was noted that a meeting is scheduled for September 1, 9-10 a.m. between staff, HRA
Attorney Bubul, and Financial Adviser Mark Ruff to discuss the possible merger ofthe
HRA/EDA/IDC.
Next HRA meeting - Wednesday, September 7, 2005.
3
.
.
.
HRA Minutes - 08/29/05
Adjournment.
The HRA special meeting adjourned at 6:45 p.m. by a consensus of its members.
4.
Ollie Koropchak, HRA Executive Director
HRA Chair
4
.
.
.
BRA Agenda - 09/07/05
4.
Consideration to adopt a resolution aoorovin2 the elimination of parcels from TIF
District No. 1-22 located within Central Monticello Redevelopment Proiect No.1 in
the City of Monticello.
A. Reference and back~Tound:
As you recall in March 1997, Downtown Redevelopment TIF District No. 1 ~22 was
established. The five-year rule plus the 2-year extension has passed which means no more
activities can take place within District 1-22. However, parcels can be removed any time
during the life of the district by resolution if current tax capacity is greater than original tax
capacity.
Over the years, the I-IRA has been working with the redeveloper on a concept plan for Phase I
and Phase II of Landmark Square. The HRA also recognizes the time involved to assemble a
redevelopment project that is both successful and meets the goals of the Downtown and
Riverfront Revitalization Plan.
With project information provided to the HRA, the plan is to establish a new TIF District
consisting of three parcels which now lie within District No. 1-22. The new district will
provide assistance l()r the proposed Landmark Square II redevelopment project. This results
in the need to eliminate the three parcels from District No.1-22 for the purpose of establishing
TIF District No. 1-35. The three parcels are located at Locust Street and Third A venue West
and the PID numbers are identified within the resolution.
This is a housekeeping item.
B.
Alternative Action:
1.
A motion to adopt a resolution approving tbe elimination of parcels from TIF District
No. 1-22 located within Central Monticello Redevelopment Project No.1 in the City
of Monticello.
2.
A motion to deny adoption of a resolution approving the elimination of parcels from TIF
District No. 1-22 located within Central Monticello Redevelopment Project No.1 in
the City of Monticello.
"
.J.
A motion to table any action.
1
HRA Agenda - 09/07/05
.
c.
Recommendation:
Recommendation is alternative no. 1 as this is a housekeeping item in order to proceed with the
proposed redevelopment of Landmark Square II.
n. Supportin2 Data:
Copy of resolution.
.
.
2
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MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM TAX
INCREMENT FINANCING DISTRICT NO. 1-22 LOCATED WITHIN CENTRAL
MONTICELLO REDEVELOPMENT PROJECT NO. 1 IN THE CITY OF
MONTICELLO.
WHEREAS, on March 10, 1997, the City of Monticello City Council (the "City) established Tax
Increment Financing District No. 1-22 (the "TIF District") within its Central Monticello Redevelopment
Project No.1; and
WHEREAS, the Monticello Housing and Redevelopment Authority (the "HRA ") IS the
administrative authority for the TIF District and
WHEREAS, the TIF District, in part, included the following parcel numbers, which were
previously certified in the TIF District (the "Parcels"):
155-010-036010
155-010-036011
155-010-036030
WHEREAS, the HRA desires by this resolution to cause the elimination of the Parcels from the
TIF District thereby reducing the size of the TIF District; and
WHEREAS the Parcels have been excluded from the original tax capacity of the TIF District
pursuant to Minnesota Statues, Section 469.176, Subd. 6 (the so-called "knock-down rule"); and
WHEREAS, because the total current net tax capacity of the parcels to be eliminated from the
TIF District equals or exceeds the net tax capacity of the parcels in the TIF District's original net tax
capacity, the holding of a public hearing is not required pursuant to Minnesota Statutes, Section 469.175,
Subd.4:
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
H RA as follows:
1. The tax increment financing plan ("TIF Plan") for the T1F District is hereby modified to
remove the Parcels from the TIF District, effective for taxes payable in 2006.
2. Upon approval of a similar resolution by the City, staff are authorized and directed to
attach a copy of this resolution to the TIF Plan for the TIF District in City files, file a copy of this
resolution with Wright County along with instructions to adjust the records for the TIF District
accordingly, and file a copy of the resolution with the Minnesota Commissioner of Revenue and Office of
the State Auditor.
.
.
.
Approved by the Board of Commissioners of the Monticello Housing and Redevelopment
Authority this 7th day of September, 2005.
Chair
ATTEST:
Secretary
.
.
.
HRA Agenda - 09/07/05
5.
Consideration to approve a resolution adoptin2: a modification to the Redevelopment
Plan for Central Monticello Redevelopment Proiect No.1 and establishin1!: TIF
District No. 1-35 therein and adoptin2: a TIF Plan therefor. Applicant: Master's Fifth
Avenue. Inc.
A. Reference and back2:round:
The HRA is asked to adopt the attached resolution stating the findings of the BRA and
authorizing the HRA Director to proceed. A Redevelopment District is based on current
conditions, improved parcels and structurally substandard buildings.
LHB, Inc. was hired to inspect the homes, make findings as to the coverage and structurally
substandard test, and provide a written report. This report will be distributed at the I-IR.1\.
meeting.
Proposed TIF District No. 1-35, a Redevelopment District, is being established to assist with
the acquisition costs associated with the redevelopment of three single-family homes at the
corner of Locust Street and Third Street West. Additionally, the BRA will assist with the
acquisition and demolition of the Koppy garage located on an adjacent lot and outside District
1-35. The redevelopment project known as Landmark Square Phase 11 is being developed by
Barry Fluth, Master's Fifth Avenue and will complete the Landmark Square Plaza The project
includes the construction of an approximate 11,000 sq. 1'1. of retail/office center, relocation of
Landmark Square Phase I trash enclosure, proposed relocation of an electrical pole, and
removal of Koppy garage.
The three parcels within the district will be combined via an administrative lot combination by
the Chief Building OfIicial.
The estimated tax increment over the duration of the district is expected to be $172,823 Net
Present Value (NPV). Ehlers used a rate of interest at 6SYo and a $90.01 per square foot
market value. The redeveloper has provided a revised "but for" analysis which includes the
cost to relocate and purchase a lot for the house that is not structurally substandard and the
revenues from the sale of the relocated house. This house will be owner-occupied.
The City Council opened and continued the public hearing from August 22, 2005, to
September 12,2005, for consideration to adopt the TIF Plan for District No.1 -35. This to
receive the report from LHB to establish the parcel area qualify as a redevelopment district.
The Planning Commission will make their findings on September 6, 2005.
HRA Agenda - 09/07/05
.
B.
Alternative Action:
I. Motion to approve a resolution adopting a modification to the Redevelopment Plan for
Central Monticello Redevelopment Project No.1 and establishing TlF District No. 1-
35 therein and adopting a Tax Increment Plan therefor.
2. A motion to deny approval of a resolution adopting ..............................................
3. A motion to table any action.
C. Recommendation:
The City Administrator and HRA Executive Director recommend Alternative No.1. Should
the inspection report not find the homes to be structurally substandard, then the Administrator
and Executive Director would recommend to the BRA and Council consider a Renovation and
Renewal TIF District. The project SUpp011S the downtown and river-front revitalization plan
and completes the Landmark Square Plaza project.
D. Suorortin2: Data:
.
Resolution [or adoption and TlF Plan.
.
2
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.
.
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
ST ATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO. 1
AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-35
THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN
THEREFOR.
WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the
Monticello Housing and Redevelopment Authority (the "HRA") and the City of Monticello (the "City")
that the HRA adopt a Modification to the Redevelopment Plan for Central Monticello Redevelopment
Project No. ] (the "Redevelopment Plan Modification") and establish Tax Increment Financing District
No. ] -35 and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan
Modification and the TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in
conformity with applicable law, including Minnesota Statutes, Sections 469.00] to 469.047, and Sections
469.174 to 469.]799, inclusive, as amended (the "Act"), all as reflected in the Plans and presented for the
Board's consideration; and
WHEREAS, the HRA has investigated the facts relating to the Plans and has caused the Plans to
be prepared; and
WHEREAS, the HRA has performed all actions required by law to be performed prior to the
adoption of the Plans. The HRA has also requested the City Planning Commission to provide for review
of and written comment on the Plans and that the Council schedule a public hearing on the Plans upon
published notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
]. The HRA hereby finds that Tax Increment Financing District No. ] -35 is in the public
interest and is a "redevelopment district" under Minnesota Statutes, Section 469.] 74, Subd. ] 0 (a)( 1), and
finds that the Plans conform in all respects to the requirements of the Act and will help fulfill a need to
develop an area of the State of Minnesota which is already built up and that the adoption of the proposed
Plans will help provide employment opportunities in the State and in the preservation and enhancement of
the tax base of the City and the State because it will discourage commerce and industry from moving their
operations to another state or municipality and thereby serves a public purpose.
') The HRA further finds that the Plans will afford maximum opportunity, consistent with
the sound needs for the City as a whole, for the development or redevelopment of the project area by
private enterprise in that the intent is to provide only that public assistance necessary to make the private
developments financially feasible.
3.
expanded.
The boundaries of Central Monticello Redevelopment Project No. ] are not being
.
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-35
THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN
THEREFOR.
WHEREAS, it has been proposed by the Board of Commissioners (the "Board") of the
Monticello Housing and Redevelopment Authority (the "Authority") and the City of Monticello (the
"City") that the Authority adopt a Modification to the Redevelopment Plan ("Redevelopment Plan
Modification") for Central Monticello Redevelopment Project No. ] (the "Project") and establish Tax
Increment Financing District No. ]-35 and adopt a Tax Increment Financing Plan (the "TIF Plan")
therefor (the Redevelopment Plan Modification and the nF Plan are referred to collectively herein as the
"Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections
469.00] to 469.047, and Sections 469.] 74 to 469.1799, inclusive, as amended (the "Act"), all as reflected
in the Plans and presented for the Board's consideration; and
.
WHEREAS, the Authority has investigated the facts relating to the Plans and has caused the
Plans to be prepared; and
WHEREAS, the Authority has performed all actions required by law to be performed prior to the
adoption of the Plans. The Authority has also requested the City Planning Commission to provide for
review of and written comment on the Plans and that the Council schedule a public hearing on the Plans
upon published notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
I. The Authority approves the Redevelopment Plan Modification, and specifically finds
that: (a) the land within the Project area as expanded would not be available for redevelopment without
the financial aid to be sought under this Redevelopment Plan; (b) the Redevelopment Plan, as modified,
will afford maximum opportunity, consistent with the needs of the City as a whole, for the development
of the Project by private enterprise; and (c) that the Redevelopment Plan, as modified, conforms to the
general plall for the development of the City as a whole.
.
2. The Authority approves the TIF Plan for Tax Increment Financing District No. 1-35, and
specifically finds that such district is a "redevelopment district" under Minnesota Statutes, Section
469.174, Subd. ] 0, and finds that the Plans conform in all respects to the requirements of the Act and will
help fulfill a need to redevelop all area of the State of Minnesota which is underutilized, and that the
adoption ofthe proposed TIF Plan will preserve and enhance the tax base of the City and the State. The
Plan will redevelop substandard areas, provide an impetus for commercial development by providing for
an ]] ,000 square foot commercial space consisting of a restaurant, office, other uses and associated
parking which will have an estimated value of $] ,000,000 and will enhance and compliment existing
adjacent commercial development in downtown Monticello, and thereby serves a public purpose.
MTN.267613vl
MN190-115
.
.
.
3. The Authority further finds that the Plans will afford maximum opportunity, consistent
with the sound needs for the City as a whole, for the development or redevelopment of the project area by
private enterprise in that the intent is to provide only that public assistance necessary to make the private
developments financially feasible.
4. The reasons and facts supporting the findings in this resolution are described in the Plans.
The Authority further finds that there are three parcels in the District, each of approximately 11,000
square feet in area. All three parcels are necessary to support the development proposed for the District,
since the three parcels will contain new commercial development and associated parking necessary and
convenient for the commercial development. Pursuant to the analysis provided to the Authority, parcels
in the District consisting of 70 percent of the area of TIF District No. 1-35 are occupied by buildings,
streets, utilities, paved or gravel parking lots or other similar structures, and more than 50 percent of the
buildings are structurally substandard to a degree requiring substantial renovation or clearance. The
Authority fUl1her funds that the above conditions are reasonably distributed throughout the District
because the substandard conditions exist over at least two thirds of the area of the District.
5. Upon approval of the Plans by the City Council, the staff, the Authority's advisors and
legal counsel are authorized and directed to proceed with the implementation of the Plans and for this
purpose to negotiate, draft, prepare and present to this Board for its consideration all further plans,
resolutions, documents and contracts necessary for this purpose. Approval of the Plans does not
constitute approval of any project or agreement with any developer.
6. Upon approval of the Plans by the City Council, the Executive Director of the Authority
is authorized and directed to forward a copy of the Plans to the Minnesota Department of Revenue and the
Office of the State Auditor pursuant to Minnesota Statutes 469.175, Subd. 4a.
7. The Executive Director of the Authority is authorized and directed to forward a copy of
the Plans to the Wright County Auditor and request that the Wright County Auditor certify the original
tax capacity of the District as described in the Plans, all in accordance with Minnesota Statutes 469.177.
Approved by the Board of Commissioners of the Monticello Housing and Redevelopment
Authority this day of September, 2005.
Chair
ATTEST:
Secretary
MTN.267613vl
MN 190-11:)
.
As of August 30, 2005
Draft for HRA Review
MODIFICATION TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
and the
TAX INCREMENT FINANCING PLAN
for the establishment of
TAX INCREMENT FINANCING DISTRICT NO. 1-35
(a redevelopment district)
within
CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
.
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
Public Hearing: August 22,2005
Public Hearing Continued: September 12, 2005
Adopted:
e
EHLERS
Prepared by EHLERS & ASSOCIATES, INC,
3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105
651-697 -8500 fax: 651-697-8555 IMNW.eh lers-inc,com
& ASSOCIATES INC
.
.
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TABLE OF CONTENTS
(for reference purposes only)
SECTION 1- MODIFICA T10N TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1. . . . . . . . . . . .. 1-1
Foreword ............................................................. 1-1
SECTION 1/ - TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 1-35 .. . . . . . - . . . . . . . . . . . . . .. 2-1
Subsection 2-1. Foreword.. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Subsection 2-2. Statutory Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 2-1
Subsection 2-3. Statement of Objectives ..... _ . . . _ . . . . . . . . . . . . . . . . . . . . . . . .' 2-1
Subsection 2-4. Redevelopment Plan Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2
Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-2
Subsection 2-7. Duration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . - . . . - . . . . .. 2-4
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements. . . . . . . . . . . . . . .. 2-4
Subsection 2-9. Sources of Revenue/Bonded Indebtedness ....... - . . . . . . - . . . .' 2-5
Subsection 2-10. Uses of Funds . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . .. 2-6
Subsection 2-11. Business Subsidies. . . . . . . . . . . . . . . . _ . . . . . . . - . . . . . . . . . . . . .. 2-7
Subsection 2-12. County Road Costs. . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . - . . .' 2-8
Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions. . . . . . . . . . . . . . . .. 2-8
Subsection 2-14. Supporting Documentation ................. - . . . . . . . - . . . - . .. 2-9
Subsection 2-15. Definition of Tax Increment Revenues ................... - . . .' 2-9
Subsection 2-16. Modifications to the District........... _..................... 2-9
Subsection 2-17. Administrative Expenses. . ..' .. ........... .... . ...... . . ." 2-10
Subsection 2-18. Limitation of Increment ............ _ . . . - . . . . . . . - . . . . . . . . .. 2-11
Subsection 2-19. Use of Tax Increment .... _ . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . .. 2-11
Subsection 2-20. Excess Increments ........... _ . . . . . . . . . . . - . . . . . . . . . . . . .. 2-12
Subsection 2-21. Requirements for Agreements with the Developer ........... . .. 2-12
Subsection 2-22. Assessment Agreements ................ - . . . . . . . . . . . . . . .' 2-13
Subsection 2-23. Administration of the District. . ...... .............. ..... . ... 2-13
Subsection 2-24. Annual Disclosure Requirem ents ..................... - . . . .. 2-13
Subsection 2-25. Reasonable Expectations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13
Subsection 2-26. Other Limitations on the Use of Tax Increment. . - . . . . . . . . . . . . .. 2-14
Subsection 2-27. Summary. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-14
APPENDIX A
PROJECT DESCRIPTION. _ . . . . . . . . _ . . . _ . . . . . . . _ . . . . . . . . . . . - . . . . . . . . . . . .' A-1
APPENDIX B
MAPS OF CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
AND TAX INCREMENT FINANCING DISTRICT. . . . . . . . .. . . . . . . .. . . . . . . . . . . . .. B-1
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . . . . . . . . .' C-1
APPENDIX D
ESTIMATED CASH FLOW FOR THE DISTRICT .............................. 0-1
.
.
.
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM. . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. E-1
APPENDIX F
REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT .................... F-1
APPENDIX G
BUT/FOR QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . .. G-1
.
.
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SECTION I - MOD/FICA TION TO THE REDEVELOPMENT PLAN
FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1
Foreword
The following text represents a Modification to the Redevelopment Plan for Central Monticello
Redevelopment Project No.1. This modification represents a continuation of the goals and objectives set
forth in the Redevelopment Plan for Central Monticello Redevelopment Project No. 1. Generally, the
substantive changes include the establishment of Tax Increment Financing District No. 1-35.
For fUl1her information, a review ofthe Redevelopment Plan for Central Monticello Redevelopment Project
No. lis recommended. It is available from the Executive Director of the HRA at the City of Monticello.
Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Central Monticello Redevelopment Project NO.1.
Monllcello Housing and Redevelopment Authority Modi flcat ion to the Redevelopment Plan for Central Monticello RedevclopmcllI Project No, I I-I
.
.
.
SECTION 11- TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT FINANCING DISTRICT NO. 1-35
Subsection 2-1. Foreword
The Monticello Housing and Redevelopment Authority (the "HRA"), the City of Monticello (the "City"), staff
and consultants have prepared the following information to expedite the establishment of Tax Increment
Financing District No. 1-35 (the "District"), a redevelopment tax increment financing district, located in
Central Monticello Redevelopment Project NO.1.
Subsection 2-2. Statutory Authority
Within the City, there exists areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the HRA and City have ce11ain statutory powers pursuantto Minnesota
S'latutes ("M.S "), Sections 469001 to 469,047, inclusive, as amended, and MS., Sections 469,174 to
469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan ") for Tax I ncrement Financing District
No. 1-35. Other relevant information is contained in the Modification to the Redevelopment Plan for Central
Monticello Redevelopment Project No.1.
Subsection 2-3. Statement of Objectives
The District currently consists ofthree parcels of land and adjacent and internal rights-of-way. The District
is being created to facilitate construction of 11 ,000 s.f. of commercial space consisting of a restaurant, office
and other uses in the City of Monticello. Please see Appendix A for further project information. Contracts
for th is have not been entered into at the time of preparation of this TI F Plan, but development is likely to
occur in 2006. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment
Plan for Central Monticello Redevelopment Project No. I.
The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude
the undertaking of other qualified development or redevelopment activities. These activities are anticipated
to occur over the life of Central Monticello Redevelopment Project No. 1 and the District.
Subsection 2-4. Redevelopment Plan Overview
] . Property to be Acquired - Selected property located within the District may be acquired by
the HRA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval ofa developerls plan relating to the project and completion of the necessary
legal requirements, the HRA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
4. The HRA or City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
Monticello llollsing Jnd Redevelopment Authority
Tax Increment Financing Plan for Tax Increment financing District No. I <I.'i
2-1
.
.
.
Subsection 2-5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcels listed below. See the map in Appendix B for further information on the location of the District.
Parcel Numbers*
155-010-03601 ]**
155-010-036010**
155-0 10-036030**
*These parcels will be combined via an administrative lot combination by the City of
Monticello. The lot combination will be done after the public hearing, but prior to the
request for certification.
**These parcels are "Knocked Down" parcels that are being removed from Tax Increment
Financing District No. 1-22 to be included in Tax Increment Financing District No. 1-35.
The HRA or City may acquire any parcel within the District including interior and adjacent street rights of
way. Any propel1ies identified for acquisition will be acquired by the HRA or City only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed puhlic streets,
utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to
accomplish the uses and objectives set forth in this plan. The HRA or City may acquire propelty by gift.
dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this T1F
Plan. Such acquisitions will be undeltaken only when there is assurance offunding to finance the acquisition
and related costs.
Subsection 2-6. Classification of the District
The HRA and City, in determining the need to create a tax increment financing district in accordance with
MS, Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a
redevelopment district pursuant to M.S., Section 469,174, Subd 10(a)(l) as defined below:
(a) "Redevelopment district" means a type q{tax incrementfinancing district consislingofa project,
or portions ofa project, within which the authority finds by resolution that one or more o{the
.f()llowing conditions, reasonably distributed throughout the district, exists'
(1) parcels consisting o{70 percent o.{the area in the district are occupied by buildings, streets,
utilities, paved or gravel parking lots or other similar structures and more than 50 percent
o{ the buildings, not including outbuildings, are structurally substandard to a degree
requiring substantial renovation or clearance;
(2) The property consists a/vacant, unused, underused, inappropriately used, or infi'equently
used rail yards, rail storage/aGilities or excessive or vacated railroad rights-or-way,
(3) tank/acilities, or property whose immediately previous use wasfor tank/acilities. as defined
in Section 115C, Subd. 15, !fthe tank/acility,
0) have or had a capacity o{more than one million gallons;
(ii) are located adjacent to rail/acilities, or
Oii) have been removed, or are unused, underused, inappropriately used or i/?fi'equently
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used; or
(4) a qualifying disaster area, as defined in Subd IOb
(b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in
structural elements or a combination of deficiencies in essential utilities andfacilities, light and
ventilationJire protection including adequate egress, layout and condition ()finterior partitions,
or similar factors, which defects or de.ficiencies ate of sufficient total significance to justifji
substantial renovation or clearance,
(c) A building is not structurally substandard if it is in compliance with the building code appIicable
to new buildings or could he modified to satis.fv the building code at a cost olless than 15
percent (Jfthe cost (Jf constructing a nevI' structure of the same squaref()()tage and type on the
site The municipality mayfind that a huilding is not disqualified as structurally substandard
under the preceding sentence on the basis of reasonably availahle evidence, such as the size,
type, and age of the building, the average cost of plumbing, electrical, or structural repairs or
other similar reliable evidence The municipality may not make such a determination without
an interior inspection (Jf the property, but need not have an independent, expert appraisal
prepared of the cost of repair and rehabilitation of the building, An interior inspection of the
property is not required, if the munic ipalityfinds that (1) the municipality or authority is unable
to gain access to the property after using its best efforts to obtain permission.from the party that
owns or controls the property; and (2) the evidence othetwise supports a reasonable conclusion
that the building is structurally substandard.
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(d) A parcel is deemed to be occupied by a structutolly substandard building/or purposes of the
finding under paragraph (a) if all olthefollowing conditions arc met
(1) the parcel was occupied by a substandard huilding within three years ofthcfiling of the
request fOt certification (Jfthe parcel as part ()fthe district with the county auditor;
(2) the substandard building was demolished or removed by the authority or the demolition or
removal was financed hy the authority or was done by a developer under a development
agreement with the authority.
(3) the authority fimnd by resolution before the demolition or removal that the parcel was
occupied by a structurally substandard building and that after demolition and clearance the
authority intended to include the parcel within a district, and
(4) uponfiling the requestfor certification of the tax capacity of the parcel as part ola district,
the authority notifies the county auditor that the original tax capacity of the parcel must be
adjusted G.\' provided by S 469,177, subdivision 1, paragraph (f),
(e) For purposes ()fthis subdivision, a parcel is not occupied by buildings, streets, utilities, paved
or gravel parking lots or other similar structures unless I5 percent of the area ol the parcel
contains buildings, streets, utilities, paved or gravel parking lots or other similar structures,
(f) For districts consisting of two or more noncontiguous areas, each area must qual[fy as a
redevelopment district under paragraph (a) to be included in the district, and the entire area of
the district must satisfy paragraph (0)
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In meeting the statutory criteria the HRA and City rely on the following facts and findings:
The District is a redevelopment district consisting of three parcels,
An inventory shows that parcels consisting of more than 70 percent of the area in the District are
occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures.
An inspection ofthe buildings located within the District finds that more than 50 percent of the buildings
are structurally substandard as defined in the TIF Act. (See Appendix P).
Pursuant to MS, Sections 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of MS, Sections 273.11 J or 273.112 or Chapter 473H for taxes payable in
any ofthe five calendar years before the filing of the request for certification of the District.
Subsection 2w7. Duration of the District
Pursuant to MS., Section 469.175, Subd. 1, and Section 469.176, Subd. I, the duration of the District must
be indicated with in the TIF Plan. Pursuant to MS., Section 469.176, Subd. 1 b, the duration of the District
will be 25 years after receipt of the first incrcment by the HRA or City (a total 01'26 years of tax increment).
The date of receipt by the City of the first tax incrcment is expected to be 2008. Thus, it is estimated that the
District, includ ing any mod i fications ofthe TIP Plan for subsequent phases or other changes, waul d term inate
after 2033, or when the TIP Plan is satisfied. If increment is received in 2007, the term ofthe District will
be 2032. The HRA or City reserves the right to decertify the District prior to the legally required date.
Subsection 2w8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Valuellncrement and Notification of Prior Planned Improvements
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Pursuantto MS.. Section 469.174, Subd 7 and MS, S'ection 469.177, Subd I, the Original Net Tax Capacity
(ONTe) as certij~ed for the District will be based on the market values placed on the property by the asscssor
in 2005 for taxes payable 2006,
Pursuant to MS., Section 469.177, Subds. 1 and 2, the County Auditor shall celiify in each year (beginning
in the payment year 2(08) the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the propeliy and classification;
5. Change in state law governing class rates; or
6, Change in previously issued building permits,
]n any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTe, no
value will he captured and no tax increment will be payable to the BRA or City,
The original local tax rate for the District will be the local tax rate for taxes payable 2006, assuming the
request for certification is made before June 30, 2006. The ONTC and the Original Local Tax Rate for the
District appear in the table on the following page.
Pursuant to MS, Section 469.174 Subd. 4 and MS, Section 469.177, Subd. 1, 2. and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within Central Monticello Redevelopment Project No. I,
upon completion of the project, will annually approximate tax increment revenues as shown in the table on
the following page, The HRA and City request] 00 percent of the available increase in tax capacity for
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repayment of its obligations and current expenditures, beginning in the tax year payable 2008. The Project
Tax Capacity (PTC) listed is an estimate of values when the project is completed.
Project Estimated Tax Capacity upon Com pletion (PTC)
Original Estimated Net Tax Capacity (ONTC)
Estimated Captured Tax Capacity (CTC)
$19,250
$5,318
$13,933
Original Local Tax Rate
1.22111
Pay 2005
Estimated Annual Tax Increment (CTC x Local Tax Rate)
Percent Retained hy thc HRA
$17,014
100'\10
Pursuant to MS., Section 469.177, Suhd. 4, the HRA shall, after a due and diligent search, accompany its
request for celiification to the County Auditor or its notice of the District enlargement pursuant to M.S.
Section 469. J 75. Subd 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469. J 75, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found no parcels for which building
permits have been issued during the 18 months immediately preceding approval of the TI F Plan by the
City.
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Subsection 2.9. Sources of Revenue/Bonded Indebtedness
Public improvement costs, land acquisition, utilities, parking facilities, streets and sidewalks, and site
preparation costs and other costs outlined in the Uses ofPunds will be financed primarily through the annual
collection oftax increments. The HRA or City reserves the rightto use other sources ofrcvenue legally ap-
plicable to the HRA or City and the TIF Plan, including, but not limited to, special assessments, general
propeliy taxes, state aid fell' road maintenance and construction, proceeds from the sale ofland, other contribu-
tions from the developer and investment income, to pay for the estimatcd public costs.
The HRA or City reserves the right to incur bondcd indebtedness or other indebtedness as a result ofthe TIF
Plan. As presently proposed, the project will be financed by a pay-as-you-go note. Additional indebtedness
may be required to finance other authorized activities. The total principal amount of bonded indebtedness,
including a general obligation (GO) TIF bond, or other indebtedness related to the use of tax increment
financing will not exceed $450,000 without a modification to the TIP Plan pursuant to applicable statutory
requirements.
This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur
other debt on Iy upon the determination that such action is in the best intcrest of the City. The I-IRA or City
may also finance the activities to be undertaken pursuant to the TI F Plan through loans from funds of the
HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligible costs paid for by a
developer.
The estimated sources of funds for the District are contained in the table on the following page.
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Monticello Housing (lnd Redevelopment ^uthority
Tax Increment Finnrlcing: Plan fur Tax Increment Finflllcing District No. 1-35
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PROJECT REVENUES
TOTAL
$450,000
$450,000
SOURCES OF FUNDS
Tax Increment
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate construction of 11,000 s.f. of
commercial space consisting of a restaurant, office and other uses. The HRA and City have determined that
it will be necessary to provide assistance to the project for certain costs. The J-IRA has studied the feasibility
of the development or redevelopment of property in and around the District. To facilitate the establishment
and development or redevelopment ofthe District, this T1F Plan authorizes the use of tax increment financing
to pay for the cost of celiain eligible expenses. The estimate of public costs and uses offunds associated with
the District is outlined in the following table.
PROJ ECT COSTS TOT A L
TOTAL
$100,000
$35,000
$35,000
$35,000
$10,000
$180,000
$55,000
$450,000
lJSES OF FUNDS
Land/Building Acquisition
Site Improvements/Preparation
Public Utilities
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Parking Facilities
Streets and Sidcwalks
Interest
Administrative Costs (up to J 0%)
The above budget is organized according to the Office of State Auditor (OSA) reporting forms.
It is estimated that the cost of improvements, including administrative expenses which will be paid or
financed with tax increments, will equal $450,000 as is presented in the budget above.
Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to M.S., Section 469. J 763, Subd. 2. no more than 25 percent ofthe tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside of the District but within
the boundaries of Central Monticello Redevelopment Project No. I, (including administrative costs, which
arc considered to be spent outside of the District) subject to the limitations as described in this TIF Plan.
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Momicello HOllsing and Redevelopmenl Authorily
Tax increment Financing P!i:m ror Tax Increment Financing DistI'ict No. 1~35
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Subsection 2-11.
Business Subsidies
Pursuant to M.s. Sections 116.1. 993, Subd. 3, the following forlTls of financial assistance are not considered
a business subsidy:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(1 I)
( 12)
( 13)
. (14)
(15)
( 16)
( 17)
(18)
( 19)
(20)
(21 )
(22)
A business subsidy of less than $25,000;
Assistance that is generally available to all businesses or to a general class of similar businesses,
such as a line of business, size, location, or similar general criteria;
Public improvements to buildings or lands owned by the state or local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
Redevelopment property polluted by contaminants as defined in MS., Section] ] 6.1.552, Suhd. 3;
Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
Assistance for housing;
Assistance for pollution control or abatcment, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd 23;
Assistance for energy conservation;
Tax reductions resulting from conformity with federal tax law;
Workers' compensation and unemployment compensation;
Benefits derived from regulation;
Indirect benefits derived from assistance to educational institutions;
Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Rcvenue Code of 1986, as amended through December 31, 1999;
Assistance for a collaboration between a Minnesota higher education institution and a business;
Assistance for a tax increment financing soi Is condition district as defined under MS., See/ion
469.174, SuM ]9;
Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
Gcneral changes in tax increment financing law and other gcneral tax law changes ofa principally
technical nature.
Fedcral assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
Funds hom dock and wharf bonds issued by a seaway port authority;
Business loans and loan guarantees of $75,000 or less; and
Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration.
The HRA will comply with M.S., See/ion] ]6.1.993/0] ]6.1.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
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Subsection 2-12. County Road Costs
Pursuant to M.s., Section 469.175, Suhd. la, the county board may require the HRA or City to pay for all or
pati of the cost of county road improvements if the proposed development to be assisted by tax increment
wi II, in the judgement of the county, substantially increase the use of county roads req uiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the HRA or City within forty-
five days of receipt of this TI F Plan. In the opinion of the HRA and City and consultants, the proposed
development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan
was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2-13. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes thatthe redevelopment contemplated by the '1'1 F
Plan would occur without the creation of the District. However, the HRA or City has determined that such
development or redevelopment would not occur "but for" tax increment financing and that. therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
IMPACT ON TAX BASE
2004/2005
Total Net
Tax Capacity
Estimated Captured
Tax Capacity (CTC)
Upon Com pletion
13,933
Percent of CTC
to Entitv Total
0.0154'Y<,
0.1174%
0.0757%
Wright County
City of Monticello
Monticello ISO No. 882
90,204,086
11,863,014
18,405,444
13,933
13,933
IMPACT ON TAX RATES
Wright County
City of Monticello
Monticello ISO No. 882
Other (Hospital)
Total
2004/2005 Percent Potential
Extension Rates of Total CTC Taxes
0.344140 28.18% 13,933 4,795
0.586510 48.03% 13,933 8,172
0.263790 21.60% 13,933 3,675
0.026670 2.18% ]3.933 372
1.22 J 11 0 ] 00.00% 17,014
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual 2004/Pay 2005 rate. The total net capacity for the entities listed above are
based on actual Pay 2005 figures. The District will be certified under the actual 2005/Pay 2006 rates, which
were unavailable at the time this TIF Plan was prepared.
Monticello HOllSlIlg and Redevelopment AlIthonty
Tax Increment Financinp Plan for Tax Increment FinanCing District No. 1-35
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Subsection 2~14. Supporting Documentation
Pursuant to M.S Section 469.175 Subd 1, clause 7 the TIF Plan must contain identification and description
of studies and analyses used to make the determination set forth in MS Section 469.175 Subd 3, clause (2)
and the findings are required in the resolution approving the TIF district. Following is a list of reports and
studies on file at the City that support the Authority's findings:
A list of applicable studies, if any, will be listed here prior to the public hearing.
Subsection 2-15. Definition of Tax Increment Revenues
Pursuant to MS, Section 469.174. Subd 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M S,
Section 469.177;
2. The proceeds from the sale or lease of propeliy, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for celiification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S, Section 273.1384.
Subsection 2-16. Modifications to the District
In accordance with MS., Section 469.175, Suhd. 4, any:
I. Reduction or enlargement of the geographic area of Central Monticello Redevelopment Project No.
I or the District, i fthe reduction does not meet the req uirements of M.S., Section 469.] 75, Suhd 4(e);
2. I ncrease in amount of bonded inde btedness to be incurred;
3. A determination to capitalize interest on debt i[that determination was not a part of the original TIF
Plan, or to increase or decrease the amount of interest on the debt to be capitalized;
4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City;
5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the HRA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to MS Section 469.175 Suhd 4(j), the geographic area of the District may be reduced, but shall not
be enlarged after five years following the date of certification of the original net tax capacity by the county
auditor. I f a redevelopment djstrict is enlarged, the reasons and suppOliing facts for the determ i nation that
the addition to the district meets the criteria of MS., Section 469.174, Subd 10, paragraph (a), clauses (I) to
(5), must be documented in writing and retained. The requirements of this paragraph do not apply if(J) the
only modification is elimination ofparcel(s) from Central Monticello Redevelopment Project No.1 or the
District and (2) (A) the current net tax eapacity ofthe parcel(s) eliminated from the District equals or exceeds
the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HRA agrees that.
notwithstanding M.S'., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than
Monlicello HOllsing and Redevelopment AuthoJ'ity
Tax IncremClil Financing Plan for Tax Increment Financing District No. 1-35
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the current net tax capacity of the parcel(s) eliminated from the District.
The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic
area of Central Monticello Redevelopment Project NO.1 or the District. Modifications to the District in the
form of a budget modification or an expansion of the boundaries will be recorded in the TIF Plan.
Subsection 2-17. Administrative Expenses
In accordance with M.5'., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
HRA or City, other than:
I. Amounts paid for the purchase ofland;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real prope11y in the
project;
3. Relocation benefits paid to or services provided far persons residing or businesses located in the
project; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to MS., Section 469,178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (]) to (3).
For districts for which the request for certification were made before August I, 1979, or after June 30, 1982,
administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants,
and planning or economic development consultants. Pursuant to MS., Section 469.176, Suhd 3, tax
increment may be used to pay any authorized and documented administrative expenses for the District up
to but not to exceed 10 percent of the total estimated tax incremcnt expenditures authorized by the TI F Plan
or the total tax increments, as defined by MS., Section 469.174, Suhd 25, clause (1), from the District,
whichever is less.
Pursuant to M.S., 5;ection 469,176, Suhd 4h, tax increments may be used to pay for the County's actual
administrative expenscs incurred in connection with the District. The county may require payment of those
expenses by February 15 of the year following the year the expenses were incurred.
Pursuant to M.S., Section 469, 177, Suhd II, the County Treasurer shall deduct an alllount (currently .36
percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount
deducted to the State Treasurer for deposit in the state general fund to be appropriated to the State Auditor
for the cost of financial reporting of tax increment financing information and the cost of examining and
auditing authorities' use of tax increment financing. This amount may be adjusted annually by the
Commissioner of Revenue.
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Tax Increment F innncing Plan for Tnx Increment FinaTlcing. District No. J <15
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Subsection 2-18. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to M.S, Section 469.176, Subd. 6:
if: afterfour years from the date qjcerttfication of the original net tax capacity qlthe tax increment
financing district pursuant to MS., Section 469.177, no demolition, rehabilitation or renovation of
property or other site preparation, including qualified improvement of a street adjacent to a parcel
but not installation (<futility service including sewer or water systems, has been commenced on a
parce/located within a tax increment financing district hy the authority or by the owner of the parcel
in accordance with the ta:!.: incrementfinancing plan, no additional tax increment may he takenfi'om
that parcel and the original net tax capacity of that parcel shall be excludedfi'om the original net
tax capacit)' qf the tax increment financing district. If" the authority or the owner qj the parcel
suhsequently commences demolition, rehabilitation or renovation or other site preparation on that
parcel including qualified improvement ofa street adjacent to that parcel, in accordance with the
tax increment financing plan, the authori(F shall certi[v to the county auditor that the activity has
commenced and the county auditor shall cert[[v the net tax capacity thereqf" as most recent~F certtfied
by the commissioner of revenue and add it to the original net tax capacity of the tax increment
financing district. The county auditor must enforce the provisions of this subdivision The authori~F
must suhmit to the county auditor evidence that the required activity has taken placefor each parcel
in the district. The evidencefor (j parcel must he suhmitted hy February 1 ofthePfih yearfolLowing
the year in which the parcel was certified as included in the district. ror purposes o("this suhdivision,
qualtfied improvements ofa street are limited to (1) construction or opening of a new street, (2)
relocation of'a street, and (3) substantial reconstruction or rehuilding qf' an existing street.
The !-IRA or City or a propeliy owner must improve parcels within the District by approximately August,
2009 and repoli such actions to the County Auditor.
Subsection 2-19. Use of Tax Increm ent
The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
]. To pay the principal of and interest on bonds issued to finance a project;
2. to finance, or otherwise pay public redevelopment costs of Central Monticello Redevelopment
Project No. ] pursuant to the MS., Sections 469001 to 469047;
3. To pay for project costs as identified in the budget set fOlih in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in MS., Section 469.176, Suhd 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf ofthe
HRA or City odor the benefit of Central Monticello Redevelopment Project No. ] by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TI F Plan or pursuant to
M.s., Chapter 462C M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and
M<'lliri~ello Housing and Redevelopment Authority
Tax Increment Fini"UlCing: Phm for lax lncrclTlcnl Final,cing Di!\tricl No. \r35
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7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to MS, Chapter 462C, M.s., Sections 469.152
through 469.165, and/or MS., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by MS., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Wright County to the HRA for the 'fax Increment
Fund of said District. The HRA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for HRA or City administration (up to 10 percent) and the costs of public improvement activities
outs ide the District.
Subsection 2-20. Excess Increments
Excess increments, as defined in MS., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
I. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The HRA or City must spend or return the excess increments under paragraph (c) within nine months aftcr
the end of the year. In addition, the HRA or City may, subject to the I imitations set forth hcrein, choose to
modify the TIF Plan in order to finance additional public costs in Central Monticello Redevelopment Project
No. I or the District.
Subsection 2-21. Requirements for Agreements with the Developer
The HRA or City will review any proposal for private development to determine its conformancc with the
Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the
following documcnts may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the
deve lopment with City plans and ordinances. The HRA or City may also use the Agreements to address other
issues related to the development.
Pursuant to MS, Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result
of acquisition with the proceeds of bonds issued pursuant to MS, Section 469.178 to which tax increments
from property acquired is pledged, un less prior to acquisition in excess 01'25 percent of the acreage, the HRA
or City concluded an agreement for the development or redevelopment ofthe property acquired and which
provides recourse for the HRA or City should the development or redevelopment not be completed.
Monticello Housing and Rcdcvf;lopmenl Authority
Tax Increment Financing Plan for lax increment Financing District No. 1-35
1-12
.
.
.
Subsection 2-22. Assessment Agreements
PUrsuant to MS, Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also celiify the
minimum market value agreement.
Subsection 2-23. Administration of the District
Administration of the District will be handled by the Executive Director of the HRA.
Subsection 2-24. Annual Disclosure Requirements
Pursuant to MS., Section 469.175, Subd. 5, 6, and 6h the HRA or City must undeliake financial repoliing
for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and
School Board on or before August I of each year. MS., Section 469175, Subd 5 also provides that an annual
statement shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a repo11 containing the information required by MS, Section
469.175 Suhd 5 and Subd 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2-25. Reasonable Expectations
As required by the TI F Act, in establishing the District, the determ ination has been made that the anticipated
development would not reasonably bc expected to occur solely through private investment within the
reasonably f()reseeable future and that the increased market value of the site that could reasonably be expected
to occur without the use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to sllch effects
and upon HRA and City staff awareness of the feasibility of developing the project site. A comparative
analysis of estimated market values both with and without establ ishment of the District and the use of tax
increments has been performed as described above. Such analysis is included with the cashflow in Appendix
D, and indicates that the increase in estimated market value of the proposed development (less the indicated
subtractions) exceeds the estimated market value of the site absent the establishment of the District and the
use of tax increments.
Monlicello H'HIS"'~ and Redevelopment AuthOrity
Tax Increment Financing Plan for Tax Increment Finnncing District No. ]-35
2-1 }
.
.
.
Subsection 2-26. Other Limitatio ns on the Use of Tax Increment
I. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of Central
Monticello Redevelopment Project No. I pursuant to the MS, Sections 469.001 to 469.047. Tax
increments may not be used to circumvent existing levy I imit law. No tax increment may be used for the
acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and
regularly for conducting the business of a municipal ity, county, school district, or any other local unit of
government or the state or federal government. This provision does not prohibit the use of revenues
derived from tax increments for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 25 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside ofthe District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule
set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 75 percent of said tax increments that remai n after expenditures
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.S., Section 469.1763, c)'uhd. 5.
4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a
redevelopment district must be used to finance the cost of correcting conditions that allow designation
of redevelopment and renewal and renovation districts under M.S, Section 469.176 Suhd 4/ These costs
include, but are not limited to, acquiring propeliies containing structurally substandard buildings or
improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary
to provide a site of sufficient size to permit development, demolition and rehabilitation of structures,
clearing of the land, the removal of hazardous substances or remediation necessary for development of
the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated
administrative expenses of the HRA or City, including the cost of preparation ofthe development action
response plan, may be included in the qualifying costs.
Subsection 2-27.
Summary
The Monticello Housing and Redevelopment Authority is establishing the District to preserve and enhance
the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan
for the District was prepared by Ehlers & Associates, Inc" 3060 Centre Pointe Drive, Roseville, Minnesota
551] 3, telephone (651) 697-8500.
Monticello Housing and Redevelopment Authority
T';IX Increment Financing Plan for Tax Increment Financing District No. 1.:15
2.14
.
.
.
APPENDIX A
PROJECT DESCRIPTION
TIF District No. 1-35 is a redevelopment district. The parcels are currently located in TIF 1-22 and will be
deceliified. A local developer is proposing to bui Id I 1,000 s.f. of commercial space consisting of a restaurant,
office and other uses. The value of the new development is estimated to be $70 per s.f. plus land costs of
approximately $230,000 f~J1' an esimated value of$l ,000,000. The building will be completed in 2006 and
the assistance of land acquisition, public improvements, site preparation, streets and sidewalks and utility
costs will be funded on a pay-as-you-go basis at a rate of6.5%
APPENDIX
A-I
.
.
.
I
J
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.
.
f'-.-.-..
.
.
.
APPENDIX C
DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT
The District encompasses all propeJiy and adjacent rights-of-way and abutting roadways identified by the
parcels listed below.
Parcel Numbers* Address Owner
155-0]0-036011 ** 212 Locust Street Barry Fluth
155-0] 0-036010** 225 3'd Street West Master's Fifth A venue Inc.
155-010-036030** 213 31d Street West Barry Fluth
*These parcels will be combined via an administrative lot combination by the City of Monticello.
The lot combination will be done after the public hearing, but prior to the request for certification.
**These parcels are "Knocked Down" parcels that are being removed from Tax Increment
Financing District No. 1-22 to be included in Tax Increment Financing District No. ] -35.
APPENDIX
C-I
.
.
.
8/30/2005
e
EHLERS
~ .,~".o:"." ,~.
Page 1 of 2
Barry Fluth
CITY OF MONTICELLO - Landmark Square II
11,000 sqlfl Con-mercial Space - TIF Dislricl1-J;
l'IWII@I@1Wt;J;
District Typ@
Di~trict Numller
InflatiOl1 Rate - Every Year
Pay-As-You-Go lntl!!tresl Rate
Note l~su@d Date (Presenl Value Date)
Local Tax R~~e - Maximum
FI!;iCClI Disparities Ele~lion (A-inside Or 8-ClLJISide)
Yflar District Wi::ls t.ertified
Assumes First T ax Increment For District
Year Distrie;l......-as modified
Developmenllocated in modified area
Ass~Jmes Fitst Tax Increment tor Project
Years (IfT~x Int:..emenl
Assumes Last Year of Tax Ine;rement
"I%T4Il1\tOA:SHmitlW;\llIlSUMp'l!llllNawc:, "!.@# ,.
New Redevelopment District
1.35
0.0000%
6.5000%
01rAl.Jg-06
122.11 OO'/. Pay 2005
N/A
p'y Z006
2008
N/A
No
2008
26
2033
Class. Rate After
Property Land Building Total Cla!;& Sase Atter Con\if!!rsion bate
M<lp 10 1"10 Owne~~r Market Value Market Value Market Value Rate Tax C,apatity Conversion Tu ~apacity ~_B:y'~lJle
I 155-0H;:.036011 FldliyFlulh 35,000 81,200 116,200' 1,OO%-1.2~% 1,162 1,50iia_2.00\.l/e 1,743 2006
2 155-010-036010 MiI,tar'~ F,llh A...lnt 35,000 84,100 119,100 1.00%-1,25% 1,191 1,50%-2.00% 1,787 2006
3 155-0!_P':036030 t:l;my !:I~~_,.. 31,000 88,200 119,200 1.00%-1,25% 1,19~ 1.50Ye-2,OO% 1,788 .~006
--, '"
I?tllls ~..~~-, 354,500_,_",,~~545 5,318
flSl;.CI1 Disparities Ratio
Fiscal Dispa"lti~s Metro Wde T ClX Rate
Lo!::al Tax Rate. Cu....ent
State WldB Property Tal( Rate (used for totallaxM)
Market Value lax Rate (used for total taxes)
Commerciel Industrial Cllilss li:eltl
first 150,000
Over 150.000
Rental Cless Rate
Residental Class ~ale
f'1..st 500,000
\%JilA$IVA~l:I61INlll>RMJliTIO
0.0000%
0,0000%
122.1100'1. Pay 2005
51.1210% Pey 2005
0.0544'/. Pay 2005
1.50%-:2.00%
150%
2.00%,
1.25%
1,00%-1.25%
1.00%
~.E~ase
1
TOTAL.
Use
C_l2rnmercial
Tetal
sq. Ft./Un.!ts
11,000 '"
Market Value
Sq. Ft./Units
~O,91'-
Ta)(e~ Per
Sq. Ft.JUni~5
$308
'''llllOJ,E<;ll'lINP,PllMATi'oN'hllllil\,'
Total
Tuu
~3,B90
33,890
Nott?:
1. "1'<1)(. estirn~tes are ba:!;ed em $770,000 01 building market valul.! ll'od .$2:)0.000 o1lilnd rtIatki!:"t \mh,lE;!.
,2, 'f!~ nm assume~ 100'1n of tt\~ building is cOn~tnJt:"tec:l by Janu,H'Y 2:. 2007 for p>aYlilble 2ooB.
Clas&
Rate
1,50%-2.00%
pro)ect
Tax Clilpaclty
19,250
19,250
Year
Con!;itructed
200&
Date
PavJ:lllle
2008
\'1',)\#
Total LOCi'll FisClill LOCi'll Fis.c;:al Staterwide- I=iscal State-wide Market
U,e Tax Tax Pi&parities Tax Disparities Property Local Di5pariti~s Property Value Total
Capac;:itv C'DOcitv Tax CaoBcjtv Rate Tax Rate T-I'l)( Rate Taxes - laxfls Taxes - TaJl.e~ Taxes
Commerci~1 19,250 19,250 -ii 1.22110 0.00000 0,51121 ,3,506 0 g,841 544 33,890
TOTAL.' 19,250 19,250 .. 0 1.2,110 0.00000 0.51121 23,506 0 9,841 544 33,890
.."
Note:
1. Monllcelto QOC9 not p3Y t-'jsc<ll Disp;jIrjti';!s.
Pr~p;;ued by Ehlen & A550I;lilt~, Inc..
Pr"iminaty: For Di$t;lJulol'l Purpose&. ONL. y
LandmOlrk.
8/30/~005 Page,2 of 2
. . EHLERS
> ;., ~ '; '.';' , " j,~:
CITY OF MONTICELLO. LANOMARK SQUARE II
.lllUlMENTIOASH RiCMI/(k
Sue Project Fisc~l Ca.ptur'@d S@.mi-Annual Stl'lte Admin. Semi-Annual Semi-AnnlJal PAYMENT DATE
PERIOD BEGINNING Tax Tax Di!5iparities Tox Gross Tax Auditor ., Ne(llIx Present PERIOD ENDING
Y~~~~Sapacity ~!!:i~~" Reduction Capacity Increment 0,36% 10.00"/~ Incrflment Value Yrs. M.h. VL
0.0 02-01 2006 ,,316 5.318 0.0 08.01 2006
0.0 08-01 2006 5.316 5,318 0 Pre~e"t Value Date. &..01-06 0 0 0 0 0.0 0~.01 2007
0.0 02-01 2007 5.318 5.316 0 0 0 0 0 0 0 0.0 08.01 2007
0 0 0 0 0 0 0
0 13,933 M06 (31) (848) 7.628 6,712
0 13.933 6.506 (31) (846) 7,628 13.213
1.0 02-01 2009 5,318 19.750 0 13. 933 8.50(; (31) (848) 7,628 19,509 1.~ 08.01 2009
1.' 06-01 2009 5,318 19,250 0 13,933 8.506 (31) (848) 7.628 25.608 2.0 02.01 ~010
20 02-01 2010 5,318 19.250 0 13.933 6,506 (31) (846) 7,628 31 514 2.5 08.01 2010
2, 08-01 2010 5,318 19.250 0 13.933 8.506 (31) (846) 7,628 37.234 3.0 02.01 2011
30 02-01 2011 5,318 19,250 0 13,933 8,506 (31) (846) 7,628 42.774 3.5 08.01 2011
3.5 aa-D1 2011 5,318 19,250 0 13.933 8,506 (31) (846) 7.628 4S,140 4.0 02.01 2012
4.0 02-01 2012 5,318 19,250 0 13,933 8.506 (31) (848) 7.628 53,337 4.5 08-01 2012
4.5 08-01 2012 5,316 19,250 0 13,933 8,506 (31) (648) 7,628 58,370 5.0 02-01 2013
5.0 02.01 2013 5,318 19,250 0 13,9:)3 8,506 (31) (848) 7.626 63.245 5.', 08-01 2013
M 08-01 2013 5.318 19,250 0 13,933 8.506 (31) (848) 7.628 67,967 6.0 02-01 2014
6.0 02-01 2014 5,318 19,250 0 13,933 8,506 (31) (648) 7,628 72,539 6.5 08-01 2014
6.5 08-01 2014 5,318 19,250 0 13.933 8,506 (31) (648) 7,628 76,968 7.0 0:7.-01 2015
7.0 02.01 2015 5,318 19,250 0 13,933 8.506 (31) (848) 7,626 81,258 7 S 08-01 2015
7.5 08-01 2015 5,318 19.250 0 13.933 8,506 (31) (848) H26 85.412 6.0 02-01 2016
8.0 02-01 2016 5.318 19,250 0 13.933 8,506 (31) (848) 7.626 89.436 6.6 08-01 2016
8.5 08-01 2016 5,318 19,250 0 13.933 8,506 (01) (848) 7.6.6 93.333 gO 02-01 2017
9.0 02.01 2017 5,318 19,250 0 13,933 8,506 (31) (848) 7,628 97,107 9.5 08-01 2017
9.5 08-01 2017 5,318 19,250 0 13.933 MOB (31) (848) 7.628 lo0}63 100 02-01 2018
10.0 02-01 2018 5.318 19,250 0 13,933 8.506 (31) (848) 7,628 104.304 10.5 08-01 2016
10.5 08.01 2018 ~,318 19,250 0 1::3,933 8,506 (31) (848) 7.62B 107,733 11.0 02-01 2019
110 02.01 2019 5,318 19,250 0 13,933 8,506 (31) (848) 7,628 111,054 11.5 08-01 2019
11.5 08-01 2019 5.318 19,250 0 13,933 8,506 (31) (848) 7,B2B 114.270 12.0 02-01 2020
12.0 O~-O1 2020 5.318 19,250 0 13.933 8,506 (31) (848) 7.628 117,386 12.5 08-01 2020
12.5 08,.01 2020 5.318 19,250 0 13,933 8,506 (31) (848) 7.628 120,403 13.0 02-01 2021
13,0 02-01 20~1 $316 19.250 0 13.933 6,506 (31) (846) 7.628 123,325 13.5 08.01 2021
13.5 08-01 2021 5.318 19,250 0 13.933 8.506 (31) (848) 7,628 126.156 14,0 02-01 2022
14.0 02-01 2022 5,318 19,250 0 13 g33 8,506 (31) (848) 7.626 128.897 14,5 08-01 2022
14 .~\ 08.01 2022 5.318 19,250 0 13.933 8,506 (31) (848) 7.628 131,552 15.0 02-01 2023
15.0 02-01 2023 5,318 19,250 0 13,933 8,506 (31) (646) 7.628 134,123 15.5 08.01 2023
15.5 08-01 2023 5,318 19,250 0 13,93::1 8,506 (31) (848) 7,6.6 136,613 160 02-01 2024
. 16.0 02-01 2024 5,318 19.250 0 13,933 8,506 (31) (848) 7,628 139.D26 16_5 08-01 2024
16.5 08.01 2024 5.318 19,250 0 13,933 8,506 (31) (848) 7,826 14U62 1"1.0 02-01 2025
17.0 02-01 2025 5.318 19,250 0 13,933 8.506 (31) (848) 7.628 143,624 17.5 08-01 2025
lB 08,01 2025 5,318 19,250 0 13. 933 8,506 (31) (846) 7.628 145,81Fl 18.0 02-01 20,6
18.0 02.01 2026 5,318 19,250 0 13,933 6,506 (31) (846) 7,628 147,936 18.5 08-01 2026
18.0 08-01 2026 5,318 19,250 0 13.933 6,506 (31) (848) 7,628 149,994 19.0 0;2-01 2027
HI,O 02-01 1027 6)18 19.250 0 13933 8,506 (31) (648) 7.628 151.984 19.5 08.01 2027
19.5 08-01 2027 5.318 19,250 0 13,930 8,506 (31) (848) 7.628 153,913 20.0 02-01 2028
20.0 02-01 2028 5,318 19,250 0 13,933 8,506 (31) (848) 7.628 155.780 20.5 08-01 2028
20.5 08-01 2028 5,318 19,250 0 13,933 8,506 (31) (848) 7MB 157,589 210 02-01 2029
21.0 02-01 2029 5,318 19,250 0 13,933 8.506 (31) (848) 7.626 159.341 21.5 08-01 2029
21.5 08-01 2029 5.318 19.2'50 0 13,933 6.506 (31) (846) 7.628 161.037 22.0 02"01 2030
22.0 02.01 2030 5,318 19,250 0 13.933 8.506 (31) (846) 7.628 162.561 22.5 08.01 2030
22.6 08-01 2030 5.318 19.250 0 13,933 8,506 (31) (646) 7.628 164,.72 230 02.01 2031
230 02-01 2031 5.318 19,250 0 13.933 8,506 (31) (848) 7,628 1(;5,814 23.5 08-01 2031
23.5 08.01 2031 5.318 19.250 0 13,933 8,506 (31) (848) 7.628 167,306 .4.0 02-01 2032
24.0 02-01 2032 5.318 19,250 0 13.933 8,506 (31) (848) 7,628 168,752 745 08-01 2032
24.5 08-01 2032 5,318 19,:t50 0 13.933 6,506 (31) (646) 7,628 170,153 25.0 02-01 2033
25.0 02.01 2033 5.018 19.250 0 13933 8.506 (31) (848) 7,628 171.509 25.5 08-01 2033
25.5 05-01 2033 5.318 19.250 0 13.933 8,506 (31) (845) 7.628 172.623 26.0 02.01 2034
Totals .4f_~37 11.S9<} ~~~I 596,670
~re!ien~..Q2...~.:~~_-O'G-~-'-~'.~--~'.- 198,982 1694) 119,~Q3) 172:823
Note:
,. State i-\uditor p.i}yrnl..~!"!t j~ b<lis.~~o or! 1s.t tl,"tH", p;.w 2005 H;tu.al ;:Ind may increase over term 01 dIstrict.
2. Assumes c1eveloPH1en' is construct'od III 200i), nss(!sseo !?1 lOO? and f1(<J! if)cr'~rnent j~ paid jn 2008.
.3. Amount of jncI'qnumt will v~ry d(lp(]'ndll~g upon muk~t valul.!, 1~1)( r;;Ul;!s, ;::iilSS rates., cDI'l1it(uctio,) ~chC'tlull) J:od lllf!~tion Orl n'l.:1rket value
4. lnflntion on tax rate!;;. Cllnn<;lt b~ r,:;:Iptllred ., TAX RATES cOuL.D DECLINE
fl. TIF !;ices n<;lf l;:ijpnlre !i't~te' wide prop~rt~' t~xt;!!j. or rr"~"1rke11/i'!hH! p~O~~fty 1axes.
G. IF INFI.A T10NARV TIF IS RECEIVED IN .007, THE FINAl._ INCR[Mf"NT WILL 8E 211m.
~11)W TlI\: Incn~mclIl i~ ClllclllllllJ VWt'iSVlfWFtANAI" YSIS ' :'("":">'1,;<'::"
Tuwl F'rupt""',Y TIl'c~ JJ,IW(l CUfl!!!n! Market Value - Est 354,~OO
less SllIle T:n -'})I-11 New Marke! Value - Est 1,000,000
Ics!i Mltrkel Vllllle Tll' -:'i"'-I t,Jf1Ierenc:e 645.$00
ks~ E:\i~lillt.( TII\t'~ :.!!.."ill Estimllte Present Value of Tax IncrElment 196,I;IB:2
"\111111111 Tax hllTcmcrlt rjllllllcill~ li,illJ k's~ illl~' ildmin. fic,=C'i Ollfer~l(:e 446.518
Value LiKel to Occur Wr\ho\Jlla:< Il"lcremert is Less 'Than 446,518
.
Pr~pat~d by Ehh~rs & A=Dd~I~, llic.
PrehlTlin;iry: Fot OI!leu!!I!!Iion Purposes ONLY
Landmark
8/30/2005 Page 2 of 2
. 8 EHLERS
, ,~:,,. .'; ".
CITY OF MONTICELLO. LANDMARK SQUARE II
NT"OA$HliLOW'//F ~~:<~#>H \FJ L,:::::''\",/\P
B&se Project Fi!ical CBptul'4ld Serni7Annual State Admin. Semi-Annual Semi-Annual PAYMENT DATE
PERIOD BEGINNING Tox Tax Disparities To. GrO:!iS Tax Auditor at N~t Tax Present PERIOD ENDING
Yrt.. Mlh. Yr. Capacity Capacity .Reduction Capacity Increml:!nt 0.36'!o 10M'/. lncr~ment Value Yrs. Mth. Yr.
0.0 02-01 2006 5.318 5.318 0.0 08.01 2006
D.O 08-01 2006 5.318 5.318 0 Prnsellt valut:! Date - 8..01-06 0 0 0 0 0.0 02.01 2007
0.0 02-01 2007 5,318 5,318 0 0 0 0 0 0 0 0.0 08-01 2007
0 0 0 0 0 0 0
0 13.933 8,506 (31) (B4B) 7.828 6.712
0 13.933 8,506 (31) (648) 7.628 13.213
1.0 02.01 2009 5,318 19.250 0 13,9:33 8.506 (31) (848) 7.828 19.5D9 1.5 OB-Ol 20D9
\.5 OB.Dl 2009 5.318 19.Z50 0 13,933 8.506 (31) (B48) 7.828 25,608 ,.0 02-01 2010
Z.O 02-01 2010 5.318 19,250 0 13.933 8,506 (31) (848) 7.62B 31,5'4 2.5 08-01 2010
Z.5 06-01 2010 5.318 19,250 0 13.933 8.506 (31) (846) 7.6,8 37.234 3.0 02-01 2011
30 02.01 2011 5.318 19.250 0 13.933 B,506 (31) (B4B) 7,628 42.774 3.5 08.01 2011
3.5 08-01 2011 5.318 19.250 0 13.933 6,506 (31) (84B) 7,628 48.140 4.0 02.01 2012
4.0 02,.01 2012 5,318 19.250 0 13,933 8.506 (31) (848) 7.628 53.337 4.5 oB-Ol Z012
4.5 08.01 2012 5.316 19.250 0 13,933 8.506 (31) (848) 7.62B 58,370 5.0 02-01 ,013
5.0 02.01 2013 5.31B 19.250 0 13.933 8.506 (31) (848) 7.626 63,245 5.5 08-01 2013
5.5 08,01 2013 5,318 19,250 0 13,933 8.506 (31) (848) 7.628 67.967 6.0 02-01 2014
6.0 02.01 2014 5.31B 19,250 0 13, 933 8.506 (31) (846) 7.62B 72,539 6.5 08-01 2014
6.5 08-01 2014 5.318 19.250 0 13933 8.506 (31) (848) 7.62B 70,968 7.0 02-01 2015
7.0 02.01 2015 5,316 19.250 0 13,933 8.506 (31) (848) 7,62B 61,258 7.5 08-01 2015
7.5 08-01 2015 5,318 19.250 0 13,933 B,506 (31) (848) 7.628 85.412 8,0 02-01 Z016
8.0 02.01 2016 5.318 19.250 0 13,933 8,506 (31) (848) 7.62B 69,436 8.5 08-01 2016
8.5 08.01 Z016 5.318 19.250 0 13,933 8.506 (31) (848) 7,628 93.333 9.0 02-01 2017
9.0 02-01 2017 0.31B 19.250 0 13,933 8.506 (31) (846) 7.62B 97,107 9.5 08-01 2017
9.5 08-01 2017 5,318 19,250 0 13.933 8.506 (31) (848) 7.6ZB 100,763 10.0 02-01 2018
100 02-01 2018 5.318 19.250 0 13.933 8,506 (31) (848) 7,628 104.304 10.5 08-01 2018
10 b 08-01 2016 5.318 19.250 0 13,933 B,506 (31) (B48) 7.828 107,733 11,0 02.01 2019
11.0 02.01 2019 5,318 19.250 0 13,933 8,506 (31) (848) 7.628 111.054 11.5 06-01 2019
11.5 08,,01 Z019 5,318 19.250 0 13.933 8.506 (31) (848) 7.62B 114,270 12.0 02-01 z020
12.0 0,-01 2020 5.31B 19.250 0 13.933 8.506 (31) (848) 7,628 117,386 12." 08.01 2020
12.5 08-01 2020 5,318 19,250 0 13.933 8.506 (31) (848) 7,628 lZ0.403 13,0 02-Ql 2021
13.0 02-01 2021 5,318 19,250 0 13.933 8,506 (31) (848) 7,628 123.325 13.5 08.01 20Z1
136 08-01 2021 5.318 19.250 0 13,933 B,506 (31) (848) 7.628 126.156 14.0 02-01 2022
140 02-01 2022 5.318 19.250 0 13,~33 8,506 (31) (848) 7.628 128.897 14.5 06-01 2022
14.5 08-01 20n 5,318 19.250 0 13.933 8.506 (31) (848) 7.626 131.552 15.0 02-01 2023
10.0 02-01 20n 5,318 19.250 0 13,933 8,506 (31) (848) 7.628 134,123 15.5 08-01 2023
15.5 08-01 20Z3 5,318 19.250 0 13,933 8.506 (31) (848) 7,62B 136,613 16.0 02-01 2024
. 16.0 02-01 2024 5.316 19.250 0 13.933 6,506 (31) (848) 7.628 139.026 165 08-01 2024
16.5 08.01 2024 5.318 19)50 0 13.933 8,506 (31) (848) 7.628 141,362 17.0 02-01 2025
17.0 02.01 2025 5,318 lV50 0 13,933 8,506 (31) (848) 7.026 143,624 17.5 08-01 2025
17.5 OB-Ol 2025 5.318 19.250 0 13.933 8,506 (31) (84B) 7.628 145.81R 18.0 02-01 2026
18.0 02-01 2026 5.318 19.250 0 13,933 6,506 (31) (B48) 7.628 147.938 18.5 08"01 2016
18.5 08-01 z026 5,318 19.25U 0 13,933 6,506 (31) (848) 7.626 149,994 19.0 02-01 2027
19.0 OZ-01 2027 0,31B 18,250 0 13.933 6,505 (31) (84B) 7.6,B 151.984 19.5 08.01 2027
19,6 08-01 2027 5.318 19.250 0 13.933 8,506 (31) (848) 7.628 153.913 200 02-01 201.8
100 02.01 20Z8 5,318 19.250 0 13,933 8.506 (31) (848) 7,628 155,780 205 OB-01 2028
20.5 08,01 2028 5.31B 19.Z50 0 13.933 8,506 (31) (B48) 7.026 157,589 21.0 02"01 2029
21.0 02.01 2029 5.31B 19.250 0 13.933 8,506 (31) (848) 7.028 159.341 21.5 08-01 2029
21.5 06-01 2029 5,318 19,250 0 13,933 8.506 (31) (846) 7,628 161.037 220 02.01 2030
22.0 02-01 2030 5,318 19.250 0 13,933 B.506 (31) (848) 7,628 162.681 22.5 08-01 2030
no 08-01 2030 5.318 19.250 0 13,933 B,506 (31) (848) 7.628 164.272 230 OZ-01 Z031
230 02-01 2031 5.318 19.250 0 13.933 8,506 (31) (648) 7.628 165,814 23.5 08-01 2031
23.5 08-01 2031 5.318 19.250 0 13,933 8,506 (31) (848) 7,628 167.306 24.0 02-01 Z032
24.0 02-01 2032 5,318 19.250 0 13,933 B,506 (31) (848) 7.628 168.752 24.5 OB-Ol 2032
24.5 08-01 2032 5,318 19.250 0 13,933 8.506 (31) (848) 7.628 170.153 250 02-01 2033
25.0 02-01 2033 5.318 19.250 0 13,933 8,506 (31) (B48) 7,628 171.509 25.5 OB-Ol 2033
Z5.c~ 08-01 2033 5.318 19.250 ..~~ 0 13933 8506 ------'~L--!!'~_. 7.628 172.6?3 260 OZ-OI 2034
"-~~,. ~.'.'...----'. '442,337 _.__~"~.... 396,870_ ........---------.'~
Presl?nt Value [),ate~,~ a-01-06 19B,98, (694) _1!~!'1L.__ 1 n.B23
Note:
I. St~tc J:l.I,J<:litor paym~nt j.f> b~sed on 1st h.'t~f: pay 2005 ~ctual arid m.ay jncrease overterm of dIstrict.
2. A~~tJITH~S develor.HY1ii!"nt !.s l::DTlshuctcd III :?OOG.. <l.sgC'~'5P'd in 2007 ~nd first ir)crernent IS, Pilld in ~(!O[!,
3. Amount af lr~cr(]'mel)t wiil var'y d(H)C'nr.Hng UP()I~ mul<et :.:iJluo, U1J( ute::., class r:).t~;:., GOI'Il;triJctjf.,lfl sctJ(H,.1l1le ;md il,fl~H(J!1 or) nklrket valu~.
4, 1l1fltl1i(l!'\ on t:;J.;K rates t.ill'l.l'\ot be C<lptllr'E'!d .. TAX RATtS COUL.D t)f'::.C!....INE
5. TIF tioes not captm~ !jitatp.- wide propP.rty tlJ.)\es or marKf!t \tillue prO!Je!'ty 11l1<E:!5,
6. IF INFl..A1IONARY rH~' IS RECEIVE!;) IN 2:007. THf;= FINAL lNCRr.;Mr.:Ni WiLl. Sf? 211!J:J.
"1mI' T:I\: IlIcn~mCII\ i~ (:;lkulalu /,fOW1!#Al.VS(S
TI~hll Pl"/llIcrt~. Tm;e~ JJ,lWII CLlrrent Mar'Ket Value - Est 354,500
less Stllte T,I:-: -"il~1 New M;,tlket Value - E$\ 1.000,000
less Mi\l'k~'1 Value Tm -;iJ.! Difh~renc:e 5.115.500
Ics~ E'(j~lillC: T lIXC~ ~btimlllr.:: Prnent Value of Tztx Increment 19a,962
,-It,rlllllill lax InHc"II,.'l1l f"illllllcinl.: 17.u13 lcs~ ;1Il~' lIdmin. FI,....':'i DiHer~l(:e 445,~16
Value LiKelv t~ Occur VVilh(M T 8l( Incrernetf 1$ Less'Thl:lli 446,518
.
Pr.pared by Ehlers 8. A$$odate!., Inc.
Prelimmary: For Oi&t=oussion purposes ONLY
Landmilrk
.
.
.
APPENDIX E
MINNESOTA BUSINESS ASSISTANCE FORM
(MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT)
APPENDIX
.""
E-I
.
.
.
PJlss.ilijv v~ y D..a"",ant.' Empt~1"'.nt
Dvtl n nes6Zti
_ Please fill in date agreement signed (same as question 21)
Minnesota Business Assistance Form
. The Minnesota Business Assistance FOl1n (MBAF) is used to report each business subsidy (including Job Opportunity Zone (.JODZ) tax
exemptions/credit) and tinancial assistance agrecment signed from AUflustl. 1999 throuffh Decemher 31.2004 unless goals havc been
achieved and reported on a MBAF per Minn. Stat. S 116.1.993 to!$ 116.1.995.
. Businesses receiving .10BZone Benefits must report through 2015 even if goals have been achieved.
. The following government agencies must submit a MBAF: I) any local goverl1ll1entlagency that signed a business subsidy agreement
since January 1. 1999. orrepresents a population of more than 2,500: 2) all state government agencies authorized to provide business
subsidies.
. DEED will contact any local or state govemment agency that is required to report but has not done so by April I, Business assistance
may not be awarded after .Iune I of each year until a report has been submitted,
. Questions'" Call (651) 296-0580, Information on wherc to mail or fax your completed M BAF(s) is on page 5. An on line version or
this !()rm is available at www.deed.state.mn.us/Community/subsidieslMBAFForm.htm
Section I: (Grllntnr Information)
I. Name of grantor (funding entity) 2. Name of person completing this form
3, Strect address 4. City 5 Zip Code
6. County I 7. Phone number 8. Fax numbcr 9, E-mail address
10. I'lease indiclltc who in your organizlltion should receivc the MRAF if dillerent Ii'om the person in Question 2.
_."._~.",.-,.,- r.~r~~ .-- -".
Name/Title Phone numbcr Street address City Zip Codc
11. Classification of g.rantor (Mark one. IfgrunlOr is en/iry cre(/[ed 12. Has your organization held a public hearing on and adoptcd
bv gov 'I ugencv, please indiwre {([(ilialion For example, u eily critcria for awarding business subsidics in compliancc with
10'/)// would eheck "eily governmenl, "; Minn. Stat. S 116J.994'! (Mark one.)
o City gowrl1ll1cnt 0 Yes, in 2005 (attach criteria)
0 Yes, in 200S but have not yct adopted critcria
o County government 0 Ves, prior!o 2005
0 Rcgional govcmment I[)'es
Hearing Date: Vcar Criteria Submitted:
o State government
0 No
o Other (Please spccify) .- - 0 Other (Pleuse allach exolanalion.)
13 lias your organization signcd <Uly agreemcnts to award a business subsidy or financial assistance from August I, 1999 through
Decembcr 31,2004 unless g.oals havc been achieved and rcported in a previously tiled MBAF'" (Murk one,)
0 Yes (Complele rhe remuinder o[rhe.iorm unless goals have been achieved und 0 No(,\'loU here, go 10 see/ion 5 on page 4,)
repONed in u previous/v filed MBAF per Ivlinn Slat, 9116J.993 and ,~'116J.994.)
'. ectlOn : eCl!)Ient n ormatIOn
14. Name of business or organization J 5. Address where business subsidy or financial assistance
receiving subsidy or financial assistance wi II be used
Strcet address City State ZII' Code
16 Does thc recipient have a parent corporation'? (Mark one.)
0 Y cs (Indicate name (lnd address o[ parent corporal ion below. Ifmore than one, indicate ultimare owner,)
0 No
-.. ~-'~ ---
Nam<:' of parent cornoration Strcct address City State ZIPC:ode
S
2 R ..
I f
Minnesota Buslncss Assiswnce Form (02/01/05)
Page I of 5
Dep1. of Employment and Economic Development
17. Industry of recipient's filcility (Mark one.):
o Manufacturing o Services o Finance, Insul"dnee, Real Estate
o Retail Trade o Wholesale Trade o Construction o Other (please speeifv)
18, Did the recipient relocate as a result of signing tllis agreemcnt') (Mark one.)
DYes (Indicate city and Slate o[previous address and reason recipient did not complete this project at that address.)
---. .~~,
City/State of previous address Reason project not completed at previous address
o No (Go to OuestionIY.)
19. What would recipient have done without business subsidy or !inancial assistance? (Mark one):
o Remain at prcvious location, but not expand D Remain at previous location but expand
o Relocate to difl'erent Minnesota location D Relocatcd outside Minnesota
o Other -. .. -- ,., -~
.
Section 3' "-"reemcnt Informatiun
20. Total dollar value orbusincss subsidy or financial assistance
(Please separate value by type in Questions 24 and 25.)
(Enter zero for .IOHZ, Biozone a 11(1 Agzone pro,jccts.)
21. Date agreement signed (/n addition to the agreement date,
indicale any dates the agreement was amended)
22, 13encllt date (lndicalc the date the recipiel1l receives the husiness subsidy or improvements were finished, equipmcl1I was ploced il1lo
service, or the recipiem occupied the propcrty, whichever is earlier,)
23. Docs thc agrcement providc a business subsidy or one orthe lour types of financial assistance (see Qucstion 25) rcquired
to be reponed? (Mark one,)
o business subsidy
24. If the agrcemcnt provided II business subsidy, pleasc indicllte thc
type(s) and total dollar value for each type,
.
o not applicable. agrecmcnt provided IInandal assistance
o loan (only principal)
o grant (i .c., I()r~ivablc loan)
o tnx nbalcmcnt
D TI For othcr tax reduction ur dcferral
o guarantee or payment
o contribution of property or infrastrueturc
o preferential use of governlllcntal facilities
o land contribution
D Biozone
o .I0l:3Z (state tax exemptions/crcdits and sales tax)
o .I0l:3Z - Agzone
o othcr (Speciji' subsidv tvpe)
$-
$--
$-.-
$-
$-
$-~
$-
$
$ -.-----fL-
$~
$~
$-.--
(Note: no dollar vnluc for zone projects)
26. If thc assistance included tax increment financing, please indicate
the type ofTIF district') (Mark one.)
o not applicable, assistance was not in the f(JrI11 ofTIF
o redevclopmenl
D renewal and renovation
o soils condition
o economic development
o mincd underground space
o hazardous substance subdistrict
.
MlIlnesota Husiness ASSistance Form (02/0 I /05)
D linancial assistance
25, If the assistance wa5 one ofthc four lypes ofnnancial assistancc.
please indicate the typc(s),
o not applicnble, agreemenl provided a business subsidy
o assistance for property
by contaminants
D assistance fen renovating building
stock or bringing it up to code, and
assistance provided fiJr dcsignated
historic preservation districts, when
50 percent or less of total cost
D assistnncc for pollution control or
abatemt:nt
D assistance for a TIF soils
condition district
$
$",,-
$--
$
27, Are any other grantors providing a business su bsidy or financial
assistancc to the same project ~ (lv/ark one,)
DYes (Specify each grantor and the vallie ojlheir assistance below.
allach an oddilional sheet ilnecessary
Grantor
Value ($)
Grantor
Valuc ($)
DNo
Page 2 of 5
Dept. of Employment and Economic Development
Section .JZ: .JOZ Information
Complete Questions 2R-31 if thc financial assistance was awarded to a .I0BZ quali tied business recipient rcceiving .I013Z benefits, (l I' nOL
go directly to Question 32,)
.
.IZ I. What was the amount of private capital investment of the business in the JOB? zone prior to December 31,20040
Real (land and buildings) $
Personal (equipmt:nl) $
.Il2. What was the property tax assessment which was not collected for the property where the JORZ qualified business was operating
during tile period of January 1,2004 and December 3 L 2004') (Please specify each additional parcel idel1lificatiol1l1U171her and the
value Of the proper~v tax assessment that was l1at collected duril1!; Ihe period of Jamwrv I, 2()()4 and December 31, 2004, alwch an
additiol1al sheet i/l1ecesswT - obtain il1lormation/rom COUl1tv tax assessor's office.)
$
. for Parcel Identification Number:
.Il3. What was the value of Wind Energy Production Tax, if any, Cor the .I0BZ lJualilled business that was opcrating during the period of
January L 2004 and Deeember 3 L 2004')
$
Section 4: Goals and Puhlic P~sc Identilled in thc A:;:,'ecmcnt
2R, Minn. Stat. ~116.1.994 requires that business subsidy and IInancial assistancc agreements state a public purpose, Which oflhe 11lIlowin:e
public purposes were stalt:d in the agreement'! (Mark all that apply.)
o Enhancing econolllic diversity
o Crcating high-quality job growth
o .lob retention
o Stabilizin:e the comlllunity
o Increasing tax base (cannot be only purpose)
o Other (please specij'y) ___._."..""'__'."_
29, Indicate whether the agreement included the li)llowing typcs afgoals_ and whether the recipient had allain<:d those gO:.lls at the time or
this report (Fill in the how.\' and al/ail1mel1t daters) for eaeh goal)
.
B) Otherjob.creation and/or rctention goals
Goals Target attainment All goals
establishcd') dates (month & year) attained?
DYes o No D Y<:s DNn
DYes DNo ~-"~_.,~~~- DYes DNo
DYes DNo ._,.,.~~- D Ycs DNa
DYes o No DYes DNn
^) Specific WHge and job goals to be attaint:d within 2 years
C) Other wage goals
D) Goals other thall wage Hncl job goals
(Please allach description olgoals al1d progress toward al/ainment Oll1ol documel1ted il1 Ouestions 3() and 31.)
30, For each of the Je)lIowing wage eatcgories_ indicate the joh creation and/or retention goals stated inlhe agreement and thc average
hourly valuc of any employer-provided health insurance :;:oals for those jobs, (Onlv indicmejoh crcmiol1 goals il1/i,II-lime
equivalel1ts i/you are ul1able to separate goals by/ii/I. and part-time positiol1s,)
Full-timc Part-time/ FTE (unlv if unable to
Ilourl)' Wagc .Joh Scasonalffcmp. stated as FT/PT) lloul"ly Value of
(excluding benefits) C'"cation Job Creation Job Creation .Job Rctention J-I ealth Insurance
no hourly wage-level goal ,.~,-~ $
less than $7,00 $
$7.00 to $8,99 --. $ --
~,~ ~._~-
$9.00 to $10.99 -- $
~_. __N__'"__
$11.00 to $12.99 $
--. ---
$13.00 to $14,99 _.- $
~n_.~..._ -~_._.._-
. $15.00 and higher .,~._~~ $
~-
Minnesota Business ASSistance Form (02/01/05) Page 3 of 5 Dept. ofEmploymenl and Economic Dcvelopmcnt
.
.
.
31. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the aChlal
hourly value of any employer-provided health insurance for those jobs. (Onlv indicate job creation infili/-time equivalents ifyoll are
unable 10 separatejob creation il7lofilil- and pari-rime posilians.)
Hourly Wage
(excluding benefits)
Full-time
Job
Creation
Part-time/
Seasonalrremp,
Job C.'eation
FTE (onlv if unable to
stated as FT/PT)
Joh Creation
.Job Retention
Houdy Value of
Health Insurance
less than $7.00
$
$7.00 to $8.99
$-..-
$
$9.00 to $10.99
$11.00 to $12.99
$
$]3.00 to $14.99
$
$15.00 and higher
$_.~
32. Has the recipient achieved all goals (see Question 33. 34 and 35) and full1l1ed all obligations stipulated in the agreement (Mark one.)
DYes
DNo
Scction 5: Rccipicnts Failing to Fulfill Obligations
(Do nor complete rhis sectio~,-ilvou completed if on another MBAF sllbmilled to DEED)
33. During: the period .Ianuary 1.2004 through December 31.2004, did your organization bnve any recipients wbo hliled to report as required
by Minn. Stat. *116.1.993 and *116.1.994'! (Mark one.)
DYes (Indicate the l1ame of each recipient/ailing 10 report and Ihe value nfsubsidv nrjil1ancial assistance (rworded 10 that
recipiel7l Allllch addiriOlwl pages ifnecessarv.)
Value of subsidy or assistnnee
Name of recipient
Type of subsidy or assistance (See Questiol1s 24 & 25.)
D No
34. Did your organi/ntion have any recipients wbo failed to a~hie~e any gonls or llililIl any other obligations under an agreement signed on
or alier .Ianuary I. 2004. that were required to be fulillled by the time of this repoli'! (Mark une.)
DYes (Complete the remainder of this sectIOn.)
D No (Stop here ,md submit form to DEED.)
For questions 35-39: Provide the following infonlHltion for each recipient failing to fulfill goals or any other terms of Wl agreement that were
to be attained by the time ofreportino. (;I/lach additional pages ilnecessarv.)
35. Inf(lmlation on recipient and agreement:
Name of recipient in default
'Type of subsidy or assistance
Initial value of subsidy or assistnnce
Street address of recipient
City/Zip code of recipient
.~-~~
Outstanding value of subsidy
or assistance
36. Re(lson(s) for default (Mark alllhal apply.);
o recipient ceased operation
D recipient relocated to a di fferent community
D recipient was unable to fill vacant positions
D other (Specify reason.)
Minnesota BUSiness Assistance Form (02/01105)
Page 4 of:;
Depl. of Employment and Economic Development
.
.
.
37. To date, has the recipient thll1l1ed its repayment obligation? (!l4ark one.)
DYes D No, recipient ha~ begun to rcpay the assistance. D No. recipient has not begun to repay the assistance.
38. Has the agreement been amended (0 cxtend the recipient's deadline for fulfilling its obligations~ (Mark one.)
DYes DNo
39 Describe the steps being taken to bring recipient into compl iance or recoup the subsidy:
....----------.......-----'w_
-
Return your completed MBAF(s) by Avril J. 2005
EITHER
MailTo:
Minnesota Business Assistance Repoli
Minnesota DepaIiment ofEmploymcnt and Economic Development - Analysis and Evaluation
1'1 National Bank Building
332 Minnesota Street, Suite E200
51. Paul, Minnesota 55101-1351
OR
Fax To:
(651) 215-3841
(Next year, please use the online version of this form. It can be found at
www.deed.state.mn.us/Community/subsidies/MBAFForm.htm .)
Minnesota HuslI1ess ASSIStance form (02/0t/05)
Page 5 ofS
Del'\. of Employment and Ecollomlc Development
.
APPENDIX G
BUT/FOR QUALIFICATIONS
Current Market Value - Est.
New Market Value - Est.
Difference
Present Value of Tax Increment
Difference
Value likely to Occur Without Tax Increment is Less Than:
.
.
APPENDIX
354,500
1,000,000
645,500
198,982
446,518
446,518
G-I
.
BUT-FOR TEST
LANDMARK SQUARE II
WITH NO TIF ASSISTANCE WITH TIF ASSISTANCE
Sources and Uses Sources and Uses
SOURCES SOURCES
Mortgage $ 1,600,000.00 $ 1,400,000.00
Equity $ 348,415.00 $ 348,415.00
Tax Increment $ $ 200,000.00
House Sale $ 170,000.00 $ 170,000.00
Total Sources $ 2, 118,415. 00 $ 2, 118,415.00
USES USES
Land $ 455,00000 $ 455,000.00
Demolition $ 20,000.00 $ 20,000.00
Relocation including lot $ 134,000.00 $ 134,00000
Subtotal Land Costs $ 609,000.00 $ 609,000.00
Construction $ 937,000.00 $ 937,00000
Sitework $ 5,00000 $ 5,000.00
. Soil Correction $ 5,000.00 $ 5,000.00
Tenant Improvements $ 165,00000 $ 165,000.00
Subtotal Construction Costs $ 1, 112,000.00 $ 1, 112,000.00
Soft Costs $ 163,50000 $ 163,500.00
Taxes $ 2,500.00 $ 2,500.00
Finance Fees $ 15,000.00 $ 15,00000
Project Manager $ 4,000.00 $ 4,000.00
Developer Fee $ 76,415.00 $ 76,415.00
Contingency $ 100,000.00 $ 100,00000
Subtotal Soft Costs $ 361,415.00 $ 361:415.00
Total Uses $ 2,082,415.00 $ 2,082,415.00
INCOME STATEMENT
Restaurant 3000sf $ 48,00000 $ 48,000.00
Office 2400sf $ 38,400.00 $ 38,400.00
Salon 2400sf $ 36,00000 $ 36,000.00
Office 2400sf $ 36,000.00 $ 36,000.00
Other 800 sf $ 12,000.00 $ 12,000.00
vacancy @ 5% $ (8,175.00) $ (8,175.00)
TOTAL INCOME $ 162,22500 $ 162,225.00
. Mortgage, 7%, 20 yr term $ (148,857.00) $ (130,250.00)
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HRA Agenda - 09/07/05
6.
Consideration to adont a resolution approvill!! the Contract for Private Development
bv and amon2 Master's Fifth Avenue, Inc. and the HRA.
A. Reference and back~n)Und:
The attached Contract was drafted by Mike Norton, Kennedy & Graven, and includes the
recommendation made by the commissioners at the August 16, 2005, meeting. The HRA
agreed to TIF assistance in the form of a pay-as-you-go finance method in the amount of
$170,000 NVP at 6.5% interest rate over the life duration of the district. The assistance for the
acquisition of homes within the district.
Additionally, the HRA agreed to $20,000 of up- front assistance for the acquisition, demolition,
and site improvement costs associated with the removal ofthe Koppy garage located on an
adjacent parcel within TIF District No. 1-22 and outside TIF District No. 1-35. The public
purpose to improve traffic circulation and parking for Landmark Square I, Landmark Square II
and the adjoining public parking area. Source ofrevenue is from TIF 1-22 in the form of a
Internal Loan at 4% interest.
According to Brad Johnson, there appears to be an unknown cost and they arc requesting the
Planning Commission to allow some flexibility on the plan approval relative to the relocation of
the electrical pole. 'fhey are unable to get an estimate at this time from Xcel to remove the
electric pole and to relocate/replace with an electrical box. An electrical box would be placed
in the same area of the relocated trash enclosure. The redeveloper estimates $20,000 to
$40,000 maybe as high as $50,000.. The contractor, Nelson Builders, has a set budget in their
redevelopment contract. The choices are: 1. Leave the electric pole with guide wires at its
current location. 2. Relocate the electric pole. 3. Relocate and convert to electrical box next
to trash enclosure. This unknown cost may be a trade-off between the pole relocation and the
finished building and landscape product. Mr. Johnson wanted the HRA to be aware of the
situation.
Lastly, it is the redeveloper's intent to relocate the non-structurally substandard house from
West 'fhird Street to another lot within the city limits. They have a buyer and the house will be
owner-occupied.
The Contract states the project will be substantially completed by December 31, 2006, and
first semi-annual payment to commence August 1,2008.
The Contract will be reviewed at the meeting.
HRA Agenda - 09/07/05
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B.
Alternative Action:
1. A motion to adopt a resolution approving the Contract for Development by and among
Master's Fifth A venue, Inc. and the Housing and Redevelopment Authority in and for
the City of Monticello.
2. A motion to deny adoption of a resolution approving the Contract for Development by
and among Master's Fift.h Avenue, Inc. and the HRA.
3. A motion to table any action.
C. Recommendation.
The City Administrator and Executive Director recommend alternative no. 1. The project
meets the redevelopment test and supports the Downtown and Riverfront Revitalization Plan.
D. Supportin~ Data:
Resolut.ion for adoption and Contract
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MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO .
RESOLUTION APPROVING-PURC~ AND REDEVELOPMENT
CONTRACT BETWEEN THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF MONTICELLO AND MASTERS
FIFTH A VENUE, INC.
BE IT RESOLVED by the Board of Commissioners ("Board") of the Housing and Redevelopment
Authority in and for the City of Monticello ("Authority") as follows:
Section I. Recitals.
] .01. The Authority currently administers Central Monticello Redevelopment Project No. 1 (the
"Project"); and has on this date approved (and recommend approval by the City of) the creation of Tax
Increment Financing District No. 1-35 (the "TIF District") within the Project, all pursuant to Minnesota
Statutes, Sections 469.00] to 469.047 and Sections 469.174 to 469.179.
1.02. To facilitate redevelopment of certain property in the TIF District. the Authority proposes to
enter into a Contract for Private Development (the "Contract") between the Authority and Masters Fifth
A venue, Ine. (the "Redeveloper"), under which among other things the Authority will provide tax increment
financing funds ("TIF Funds") from the TIF District for the development of an I] ,000 square foot
commercial facility with associated parking by the Redeveloper (the "Minimum Improvements").
1.03. The assistance under the Contract does not constitute a "business subsidy" exceeding
$100,000 within the meaning of Minnesota Statutes, Section ] 16.1. 993 to 116.1 .995 (the "Business Subsidy
Act"), because the Redeveloper's investment in the purchase of land and site preparation is 70% or more of
the assessor's current year's estimated market value. ~. ~
1.04 The Contract also contemplates that th CIty , ill provide funds to the Redeveloper to
facilitate acquisition of adjacent property which will pro' e additional parking to serve and support the
Minimulll Improvements (the "Land Advance").
1.05. The Authority will repay the Land Advance to the City as provided in the Interfund Loan
Resolution required by the Contract.
Section 2. Authority Approval; FUlther Proceedings.
2.0]. The Board approves the Contract as presented to the Board subject to modifications that do
not alter the substance of the transaction and that are approved by the Chair and Executive Director, provided
that execution of the documents by the 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 Contract as a whole, including without limitation execution of any
documents necessary to implement the terms of the Contract.
Approved by the Board of Commissioners of the Housing and Redevelopment Authority in and for
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CONTRACT
FOR
PRIV A TE DEVELOPMENT
By and Among
MASTERS FIFTH AVENUE, INC.
and
HOUSING AND REDEVELOPMENT AUTHORITV
IN AND FOR
THE CITY OF MONTICELLO
and
Dated as of:
,2005
This document was drafted by:
KENNEDY & ORA VEN, Chartered (MTN)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, Milmesota 55402
Telephone: (6]2) 337~9300
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TABLE OF CONTENTS
ARTI CLE I DEFINITIONS........................................................................................... ....... ... 2
Secti on ] .1. Definitions....... ......................................................................................... ......2
ARTICLE II REPRESENTATIONS AND WARRANTIES ................................................5
Section 2.1. Representations by the Authority...................................................................5
Section 2.2. Representations and Warranties by the Developer ........................................5
ARTICLE III ACQUISITION OF PROPERTY; FINANCIAL ASSISTANCE .................7
Section 3.1. Status of the Development Property ..............................................................7
Section 3.2. Soil Conditions... ........................... ................ ................. ................................7
Section 3.3. Payment of Administrative Costs ..................................................................7
Secti on 3.4. Financing of Land Acquisition Costs............................................................ 7
Secti on 3.5. Additional Public Assistance......................................................................... 8
Section 3.6. Business Subsidy Agreement..... .......... .......................... .............. ..................9
Section 3. 7 Use of Tax Increment..... ............... ................ ........ ........ ............... ..... .............9
ARTICLE IV CONSTRUCTION OF MINIMUM IMllROVEMENTS ..............................10
Section 4.1. Construction ofImprovements ......................................................................10
Secti on 4.2. Construction Plans......................................................................................... ] 0
Section 4.3. Commencement and Completion of Construction.........................................] ]
Secti on 4.4. Certi ficate of Completion..............................................................................l ]
ARTICLE V INSURANCE AND CONDEMNATION ...................................... ...................13
Section 5.] Insurance ....... ................. ......... ........................... ......................... ............. ...... ] 3
ARTI CLE VI TAX INCREMENT; TAXES..... ..................................................... ..................15
Section 6.]. Right to Collect Delinquent Taxes.................................................................] 5
ARTI CLE VII FINANCING..................................... .................. .... ............ ............. .......... ........16
Section 7 .1. Mortgage Financing.......................................................................................] 6
Section 7.2. Authority's Option to Cure Default on Mortgage.......................................... 16
ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER;
INDEMNIFI CATION................ ...... .............. ..... .................... ........ ........... .......17
Section 8.1. Representation as to Development............................................... ..................17
Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment
of A gre em en t ................................................................................................. 1 7
Section 8.3. Release and Indemnifi cation Covenants...................................................... ..18
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ARTICLE IX EVENTS OF DEFAULT.. .................. ............... ............ ................ .................. ..20
Section 9.1. Events of Default Defined.................. ...........................................................20
Section 9.2. Remedies on Default....... .............................................................................. .20
Section 9.3 . No Remedy Exclusive................................................................................... .20
Section 9.4. No Additional Waiver Implied by One Waiver.............................................21
ART I CLE X ADDITIONAL PROVISIONS ............... .................. ....... ......... ........ ...... .... ...... .22
Section 10.1. Conflict ofInterests; Authority Representatives Not Individually Liable.....22
Section 10.2. Equal Employment Opportunity....................................................................22
Section 10.3. Restrictions on Use....................................................................................... .22
Section 10.4. Provisions Not Merged With Deed................................................................22
Section 10.5. Titles of Articles and Sections .......................................................................22
Section 10.6. Notices and Demands................................................................................... .22
Section 10.7. Counterparts ..... ..... ......... ............... ....... ....... ..... ............... ........................ ...... .23
Section 10.8. Recording....................... ............................................................................ ....23
Section 10.9 Choice of Law and Venue..............................................................................23
Section 10.10 Attorney Fees .................................................................................................23
Section 10.11 Entire Agreement ...........................................................................................23
SIGNATURES
TESTIMONIALS
EXHIBIT A
EXHIBIT B
EXHIBIT C
Legal Descriptions
Certificate of Completion
Form of lnterfund Loan Resol ution
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CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT is made this ~ day of ,2005, by and among
THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR CITY OF
MONTICELLO, MINNESOTA, a public body corporate and politic under the laws of Minnesota
(the "Authority"), and MASTERS FIFTH A VENUE, INC., a Minnesota corporation (the
"Developer").
WITNESSETH:
WHEREAS, the Authority has undertaken a program to promote economic development
and job opportunities and to promote the development of land which is underutilized within the City
of Monticello, Minnesota (the "City"), and in this connection created Redevelopment Project NO.1
(the "Project") in an area (the "Project Area") located in the City and Tax Increment Financing
District No. 1-35 (the "TIF District") within the Project Area, all pursuant to Minnesota Statutes,
Sections 469.001 to 469.047 (the "Act") and Minnesota Statutes, Sections 469.174 to 469.179; and
WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities
to prepare such real property for development by private enterprise: and
WHEREAS, in order to achieve the objectives of the Redevelopment Plan for the Project
the Authority is prepared to pay certain Land Acquisition Costs in order to bring about development
in accordance with the Redevelopment Plan and this Agreement; and
Wl-IEREAS, the Developer proposes to construct an approximately 11,000 square foot retail
center with associated parking known as "Landmark II" in the Project Area; and
WHEREAS, the Authority believes that the development of the Project Area 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 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:
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ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended.
"Adjacent Property" means the real property located in TIF District No. ] -22 upon which
Developer will construct parking to serve Landmark Square I and II and legally described at Exhibit
A.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Authority" means the Housing and Redevelopment Authority 111 and for the City of
Monticello, Minnesota.
"Business Subsidy Act" means Mimlesota Statutes, Section ] l6.J. 993 through 1l6J. 995, as
amended.
"City" means the City of Monticello, Minnesota.
"Certificate of Completion" means the certification provided to the Developer, Of the
purchaser of any pal1, parcel, or unit of the Development Property, pursuant to Section 4.4 of this
Agreement.
"Construction Plans" means the plans, specifications, drawings and related documents on
the construction work to be performed by the Developef on the Development 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 Authority, and (b) shall include at least the
following: (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.
"Developer" means Masters Fifth Avenue, Inc., a Minnesota corporation, or its permitted
successors and assigns.
"Development Property" means the property legally described at Exhibit A. After the
construction of the Minimum Improvements, the term shall mean the Development Property as
improved.
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"Event of Default" means an action by the Developer listed in Article IX of this Agreement.
"Holder" means the owner of a Mortgage.
"HRA Act" means Minnesota Statutes, Sections 469.00] to 469.047, as amended.
"Material" means any effect or change which significantly alters the intended use of the
Development Property, or increases or decreases the costs of any individual item of the Minimum
Improvements by more than $] 00,000.
"Minimum Improvements" means the construction on the Development Property of an
approximately ] 1,000 square foot retail center, with associated parking, known as Landmark
Square II, and associated parking on an adjacent parcel ("Adjacent Propeliy").
"Mortgage" means any mortgage made by the Developer which is secured, in whole or in
part, with the Development Property and which is a permitted encumbrance pursuant to the
provisions of Article VIIl of this Agreement.
"Project" means Redevelopment Project No.1.
"Project Area" means the real property located within the boundaries of the Project.
"Redevelopment Plan" means the Authority's Redevelopment Plan for Redevelopment
. Project No.1, as it may be modified.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the rcal property taxes which is paid with respect to
the Development Property and which is remitted to the Authority as tax increment pursuant to the
Tax Increment Act.
"Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota
Statutes, Sections 469.] 74 to 469.179, as amended.
"Tax Increment District" or "TIF District" means Tax Increment Financing District
No. ] -35.
"Tax Increment Plan" or "TIF Plan" means the tax increment financing plan for Tax
Increment Financing District No. 1-35, as approved September 12,2005, 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 ofthe State, or the State Supreme COUli.
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"Termination Date" means the earliest of: (i) February 1, 2033; (ii) the date on which the
Developer has been fully reimbursed for the Land Acquisition Costs (as defined in Section 3.4 of
this Agreement); or (iii) the date this Agreement has otherwise been terminated in accordance with
its terms.
"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 strikes, other labor troubles, prolonged
adverse weather or acts of God, 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 governn1ental unit (other than the Authority in
exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays
shall not include delays in the Developer's obtaining of 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.
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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 a housing and redeveloprnent authority created under Minnesota
Statutes sections 469.001 - 469.047 ("HRA Act") and has the power to enter into this Agreement
and cany out its obligations hereunder.
(b) The activities of the Authority are undertaken for the purpose of promoting
economic development and job creation and fostering the development of certain real property
within its project areas which for a variety of reasons is presently under-utilized and under-
developed.
Section 2.2. Representations and Warranties bv the Developer. The Developer represents
and warrants that:
(a) The Developer is a corporation duly organized and in good standing under the laws
of the State, is not in violation of any provisions of its corporate 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 perfoill1ance of this Agreement.
(b) The Developer will construct, operate, and maintain the Minimum Improvements in
accordance with the terms of this Agreement, the Redevelopment Plan, and all local, state, and
federal laws and regulations (including, but not limited to, environmental, zoning, building codes,
and public health laws and regulations).
(c) The Developer has received no notice or communication from any local, state, or
federal official that the activities of the Developer or the Authority in the Project Area may be or
will be in violation of any environmental law or regulation. The Developer 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 Developer will construct the Minimum Improvements in accordance with all
local, state, and federal energy~conservation laws and regulations.
(e) The Developer 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.
(f) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the tem1S and
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conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the
terms, conditions or provisions of any partnership restriction or any evidences of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it is
bound, or constitutes a default under any ofthe foregoing.
(g) The proposed development by the Developer hereunder would not occur but for the
tax increment financing assistance being provided hereunder.
(h) The Developer shall promptly advise the Authority in writing of all litigation or
claims affecting any part of the Minimum Improvements and all written complaints and charges
made by any goveDuuental authority materially affecting the Minimum Improvements or materially
affecting Developer or its business which may delay or require changes in construction of the
Minimum Improvements.
(i) The Developer did not obtain a building permit for any improvements to the
Development Property prior to the date of approval of the TIF Plan.
(j) The Developer is not currently in default under any "business subsidy agreement"
with any "grantor", as such ten11S are defined in the Business Subsidy Act.
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ARTI CLE III
Acauisition of Property; Financial Assistance
Section 3.1. Status of the Development Property. As of the date of this Agreement, the
Developer has already purchased the Development Property pursuant to that certain Preliminary
Development Agreement among the Developer and the Authority dated September 14, 2004, in
anticipation of this Agreement. The Authority shall have no obligation to purchase the
Development Property or any portion thereof.
Section 3.2. Soil Conditions. The Developer acknowledges tha1 the Authority makes no
representations or warranties as to the condition of the soils on the Development Property or its
fitness for construction of the Minimum Improvements or any other purpose for which the
Developer may make use of such propeliy. The Developer further agrees that i1 will indemnify,
defend, and hold harmless the Authority, the City, and their governing body members, officers,
agents, servants, and employees, from any claims or actions arising out of the presence, if any, of
hazardous wastes or pollutants on the Development Property. The Developer's obligations under
this Section 3.2 shall survive termination of this Agreement.
Section 3.3. Payment of Administrative Costs. The Developer agrees that it will pay upon
demand by the Authority, Administrative Costs (as hereafter defined). For the purposes of this
Agreement, the tenn "Administrative Costs" means out-of-pocket costs incuned by the Authority
and attributable to or incurred in connection with the negotiation and preparation of this Agreement
and other documents and agreements in connection with the development contemplated hereunder.
Out-of-pocket Administrative Costs shall be evidenced by invoices, statements, or other reasonable
written evidence of the costs inculTed by the Authority. As of the date of this Agreement, the
Developer has deposited $7,500 with the Authority to be applied toward Administrative Costs. The
amount by which this deposit exceeds the Authority's actual Administrative Costs, if any, shall,
upon demand by the Developer, be retumed to the Developer, but no earlier than the date on which
the Developer receives a Celtificate of Completion pursuant to Section 4.4 of this Agreement.
Section 3.4. Financing of Land Acquisition Costs. In order to make development of the
Minimum Improvements economically feasible, the Authority will reimburse the Developer for the
Land Acquisition Costs (hereby defined as the Developer's cost of acquiring the Development
Property, not to exceed $170,000 net present value) from Available Tax Increment (as defined
below) from Tax Increment District No I -35 in accordance with the following terms and conditions:
(a) Subject to the terms and conditions of this Agreement, the Land Acquisition Costs
will be reimbursed to the Developer with simple interest thereon at 6.50% per annum, interest
commencing to accrue on the date that the Developer complies with the cost certification
requirement described in paragraph (f) of this Section. The Land Acquisition Costs will be
reimbursed by the Authority to the Developer in semi-arumal installments payable on each February
1 and August] ("Payment Dates") commencing August 1, 2008 and concluding no later than the
Tem1ination Date. These payments will be made from Available Tax Increment as defined in this
Section 3.4 and from no other source.
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(b) The ternl "Available Tax Increment" means 90% of the Tax Increment with respect
to the Development Property as calculated by the County and paid to the Authority during the six
months preceding any Payment Date.
(c) If on any Payment Date there is available to the Authority insufficient Available Tax
Increment to pay the amounts due on such date, the amount of such deficiency shall be deferred and
shall be paid, without interest thereon, on the next Payment Date on which the Authority has
available to it Available Tax Increment in excess of the amount necessary to pay the amount due on
such Payment Date.
(d) The Authority shall have no obligation to pay any portion of the Land Acquisition
Costs that remains unpaid after the Termination Date. The Authority may prepay all or a portion of
the Land Acquisition Costs at any time.
(e) The Authority shall not be obligated to make any payment under this Section if: (i)
there is an Event of Default on the Developer's part under this Agreement that has not been cured;
or (ii) the Developer has [ailed to comply with the payment procedures described herein.
(D At least 30 days before becoming entitled to receive any payment hereunder, the
Developer must submit to the Authority a payment request certificate signed by its duly authorized
representative stating: (i) that the Developer has paid Land Acquisition Costs in at least the amount
of $170,000, verified by copies of executed purchase agreements; (ii) that no Event of Default has
occurred and is continuing under this Agreement; and (iii) that the Developer has received a
Certificate of Completion pursuant to Section 4.4 of this Agreement. The payment request
certificate must be accompanied by evidence satisfactory to the Authority that the Land Acquisition
Costs have been incurred and paid by the Developer, and without limitation of the foregoing, must
include a copy of the purchase agreement, a ceJiificate of real estate value evidencing the purchase
price paid by the Developer for the Development Propelty, and evidence reasonably satisfactory to
the Authority that the purchase price did not exceed the fair market value of the Development
Propelty at the time of the Developer's acquisition of it.
(g) The Authority makes no warranties or representations that Available Tax Increment
will be sufficient to pay the eligible Land Acquisition Costs. The Developer agrees and understands
that Available Tax Increment is subject to calculation by the County and change in State law, and
that a significant portion of Land Acquisition Costs may remain unpaid after the Termination Date.
The Developer further agrees and understands that estimates of Available Tax Increment provided
by the AuthOJity and its agents, officers, or employees are estimates only and not intended for the
Developer's reliance.
Section 3.5. Additional Public Assistance. The City shall provide Developer $20,000 from
any available funds of the City for the purpose of acquisition, demolition, and site improvements
("Land Advance") on property adjacent to the Development Property (PID No. 155-010-036100)
located in TIF District 1-22 ("Adjacent Property"). The Land Advance shall be for the purpose of
improving traffic circulation and parking for Landmark Square I, and the Minimum Improvements
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to be constructed and described as Landmark Square II. Such funds shall be disbursed upon
Developer receiving the Certificate of Completion described in Section 4.4 of this Agreement.
Section 3.6. Reimbursement of Land Advance. (a) The parties agree and understand
that, in providing the Land Advance, the City will forgo the use of funds available to the City for
other public purpose expenditures. Such Land Advance represents an advance of City funds in
the amount of $20,000 (representing the estimated market value of the Adjacent Property) which
advance the City and the Authority will treat as an interfund loan within the meaning of Section
469.178, subd. 7 of the TlF Act. The City will reimburse itself for such advance (hereafter
referred to as the "Land Advance") in accordance with the resolution set forth in Exhibit C (the
"Interfund Loan Resolution") at 4% per annum, interest commencing to accrue on the date that
the City conveys the Land Advance to the Developer. The Land Advance is repayable from
Available Tax Increment received by the Authority from TIF District 1-22 in the six months
before each semi-annual payment date under the Interfund Loan Resolution, beginning on the
August I or February 1 of the year subsequent to the disbursement to the Developer of the Land
Advance, until such time as the Land Advance and interest is paid in full. The Developer has no
rights or interest in any Tax Increment.
Section 3.7. Business Subsidy Agreement. The Developer warrants and represents that
the Redeveloper's investment in the purchase of the Development Property together with
Redeveloper's investment in site preparation on such property (net of any portion of such costs
reimbursed through payment of TIF) will equal at least 70<!(l of the County assessor's estimated
market value of the Development Property for the 2005 assessment year, calculated as follows:
.
Aggregate Purchase price of Development Property............................................ $455,000
Date of purchase of each Parcel:
Aggregate Purchase Price of PID No. 1 55-010-036100............ ...... ......... ............ $ 20,000
Flus Estimated cost of Development Property site preparation............................ $ 30,000
Equals land cost and site preparation.................................................................... $505,000
Less Land Acquisition Costs reimbursed by TIF (No. 1-35) ................. 170,000
(No. 1-22) ................... 20.000
......... .................................................................................................. 190,000
Equals net land cost and site preparation............................................................. $315,000
2005 Assessor's estimated market value of Redevelopment Property.................. $354,000
$315,000 (net acquisition and site preparation cost) is 89% of $354,000 (assessor's
current estimated fair market value of the Redevelopment Property)
Accordingly, the parties agree and understand that the financial assistance described in this
Agreement does not constitute a business subsidy within the meaning of the Business Subsidy
Act. The Developer releases and waives any claim against the Authority and its governing body
. members, officers, agents, servants and employees thereof arising from application of the
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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.
Section 3.8. Use of Tax Increment. Except as set forth herein, the Authority shall have no
obligation to the Developer with regard to its use of Tax Increment and may use Tax Increment for
any lawful purposes, whether set forth herein or otherwise.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. The Developer agrees that it will construct the
Minimum Improvements on the Development Property in accordance with the approved
Construction Plans and at all times during the term of this Agreement, will operate and maintain,
preserve and keep the Minimum Improvements or cause such improvements to be maintained,
preserved and kept with the appurtenances and every part and parcel thereof, in good repair and
condition. The Authority shall not have any obligation to operate or maintain the Minimmn
Improvements.
Section 4.2. Construction Plans. (a) Before commencement of construction of the
Minimum Improvements, the Developer shall submit to the Authority Construction Plans. The
Construction Plans shall provide for the construction of the Minimum Improvements and shall be in
confom1ity with the Redevelopment Plan, this Agreement, and all applicable State and local laws
and regulations. The Authority will approve the Construction Plans in writing if: (i) the
Construction Plans confoTIn to the terms and conditions of this Agreement; (ii) the Construction
Plans confom1 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 tbe Minimum Improvements; (v) the
Construction Plans do not provide for expenditures in excess of the funds available to the Developer
f]-orn all sources for construction of the Minimum Improvements; and (vi) no Event of Default has
occurred. Approval may be based upon a review by the City's Building Official of the Construction
Plans. No approval by the Authority shall relieve the Developer of the obligation to comply with
the terms of this Agreement or of the Redevelopment 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 shall constitute a waiver of an Event of Default. If
approval of the Construction Plans is requested by the Developer in writing at the time of
submission, such Construction Plans shall be deemed approved unless rejected in writing by the
Authority, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and
shall be made within 10 days after the date of their receipt by the Authority. If the Authority rejects
any Construction Plans in whole or in part, the Developer shall submit new or con-ected
Construction Plans within 10 days after written notification to the Developer 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's approval shall not he unreasonably withheld. 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.
(b) If the Developer desires to make any Material change in the Construction Plans after
their approval by tbe Authority, the Developer shall submit the proposed change to the Authority for
its approval. 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
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Construction Plans, the Authority shall approve the proposed change and notify the Developer 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 Developer, 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. Commencement and Completion of Construction. Subject to Unavoidable
Delays, the Developer shall COnTITIence construction of the Minimum Improvements by October 1,
2005. Subject to Unavoidable Delays, the Developer shall complete the construction of Minimlill1
Improvements by December 31, 2006. All work with respect to the Minimum Improvements to be
constructed or provided by the Developer on the Development Property shall be in confonnity with
the Construction Plans as submitted by the Developer and approved by the Authority.
The Developer agrees for itself, its successors and assigns, and every successor in interest to
the Development Prope11y, or any part thereof, that the Developer, and such SLlccessors and assigns,
shall promptly begin and diligently prosecute to completion the development of the Development
Prope11y 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. The obligation to construct the Minimum Improvcments in
accordance with this Section touches and concerns the land, and shall run with the property and be
binding upon all successors and assigns to the Development Prope11y. After the date of this
Agreement and until construction of the Minimum Improvements has been completed, the
Developer 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 Developer with respect to SLlch construction.
Section 4.4. Ce11ificate of Completion. (a) Promptly after completion of the Minimum
Improvements in accordance with those provisions of the Agreement relating solely to the
obligations of the Developer to construct the Minimum Improvements (including the dates for
begilU1ing and completion thereof), the Authority will fumish the Developer with a Certificate
shown as Exhibit B. Such certification and such determination shall not constitute evidence of
compliance with or satisfaction of any obligation of the Developer to any Holder of a Mortgage, or
any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any
part thereof.
(b) 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 thil1y (30) days after
written request by the Developer, provide the Developer with a written statement, indicating in
adequate detail in what respects the Developer 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 Developer to take or perform in
order to obtain such certification.
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( c) The construction of the Minimum Improvements shall be deemed to be complete
upon issuance of a certificate of occupancy by the City for, and the opening for business of, the
Minimmn Improvements.
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ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance. (a) The Developer 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 one hundred percent (100%) of the
insurable value of the Minimum Improvements at the date of completion, and with coverage
available in nonreporting fonn on the so-called "all risk" fonn 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 Contractor's Policy with limits against bodily injury
and property damage of not less than $] ,000,000 for each OCCUlTence (to accomplish the
above-required limits, an umbrella excess liability policy may be used); and
(iii) Workers' compensation insurance, with statutory coverage.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Tem1ination Date, the Developer 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)
a policy or
businesses;
Insurance against loss and/or damage to the Minimum Improvements under
policies covering such risks as are ordinarily insured against by similar
(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 $] ,000,000, and
shall be endorsed to show the Authority as additional insured; and
(iii) Such other insurance, including workers' compensation insurance respecting
all employees of the Developer, in such amount as is customarily carried by like
organizations engaged in like activities of comparable size and liability exposure; provided
that the Developer may, if permitted by law, be self-insured with respect to all or any part of
its liability for workers' compensation.
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(c) All insurance required in Article V of this Agreement shall be taken out and
maintained in responsible insurance companies selected by the Developer which are authorized
under the laws of the State to assume the risks covered thereby. Upon request, the Developer 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 Developer and the Authority
at least thirty (30) days before the cancellation or modification becomes effective. In lieu of
separate policies, the Developer may maintain a single policy, blanket or umbrella policies, or a
combination thereof, having the coverage required herein, in which event the Developer 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 Developer agrees to notify the Authority immediately in the case of damage
exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion
thereof resulting from fire or other casualty. In such event the Developer either 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 Developer will apply the
Net Proceeds of any insurance relating to such damage received by the Developer to the paynient or
reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction, and restoration of the Minimum
Improvements, whether or not the Net Proceeds of insurance received by the Developer 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 prope11y of the Developer.
(c) The Developer and the Authority agree that all of the insurance provisions set f0l1h
in this Article V shall terminate upon the Termination Date.
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ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Developer aclmowledges that the
Authority is providing substantial aid and assistance in furtherance of the development. The
Developer understands that the tax increment intended to pay expenses of the Authority and the
Developer are derived from real estate taxes on the Development Property, which taxes must be
promptly and timely paid. To that end, the Developer agrees for itself, its successors and assigns, in
addition to the obligation pursuant to statute to pay real estate taxes that it is also obligated by
reason of this Agreement to pay before delinquency all real estate taxes assessed against the
Development Prope11y and the Minimum Improvements. The Developer acknowledges that this
obligation creates a contractual right on behalf of the Authority to sue the Developer 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 attorney fees.
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ARTICLE VII
Financin2:
Section 7.1. Mortgage Financing. (a) Before commeneement of construction of the
Minimum Improvements, the Developer shall submit to the Authority evidence of one or more
eommitments for mortgage financing which, together with committed equity for such construction,
is sufficient for the acquisition of the Development Property and constructing the Minimum
Improvements. Such eommitments may be submitted as short term financing, long tern1 mortgage
financing, a bridge loan with a long tenn take-out financing commitment, or any combination of the
foregoing. Such commitment or commitments for short term or long ten11 mortgage financing shall
be subject only to such conditions as are normal and customary in the mortgage banking industry.
(b) If the Authority finds that the mortgage financing is sufficiently committed and
adequate in amount to provide for acquiring the Development Propeliy and constructing the
Minimum Improvements then the Authority shall notify the Developer in writing of its approval.
Such approval shall not be unreasonably withheld and either approval or rejection shall be given
within thirty (30) days from the date when the Authority is provided the evidence of mortgage
financing. A failure by the Authority to respond to sucb evidence of mOligage financing shall be
deemed to constitute an approval hereunder. If the Authority rejects the evidence of mortgage
financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event
the Developer shall submit adequate evidence of mortgage financing within thirty (30) 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 MOligage authorized pursuant to this Agreement, the Developer shall cause the
Authority to receive copies of any notice of default received by the Developer 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 Developer within such cure periods as are available to the Developer
under the Mortgage documents.
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ARTICLE VIII
Prohibitions A!:minst Assienment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Developer represents and agrees that
its purchase of the Development Property, and its other lmdertakings pursuant to the Agreement,
are, and will be used, for the purpose of development of the Development Property and not for
speculation in land holding.
Section 8.2. Prohibition Against Developer's Transfer of Property and Assignment of
Agreement. The Developer represents and agrees that prior to issuance of the Certificate of
Completion for the Minimum Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Developer or any successor in interest to the Development Property, or any
part thereof, to perform its obligations with respect to making the Minimum Improvements under
this Agreement, and any other purpose authorized by this Agreement, the Developer has not made
or created and will not make or create or suffer to he made or created any total or partial sale,
assignment, conveyance, or lease (except a lease ofthe Minimum Improvements to Ultra Machining
Company, which is hereby consented to by the City and the Authority), or any trust or power, or
transfer in any other mode or f01111 of or witlnespect to the Agreement or the Development Property
or any part thereof or any interest therein, or any contract or agreement to do any of the same,
without the prior written approval of the Authority unless the Developer remains liable and bound
by this Development Agreement in which event the Authority's approval is not required.
(b) In the event the Developer, upon transfer or assignment of the Development
Propeliy or any pOJiion thereof, seeks to be released from its obligations under this Agreement as to
the portions of the Development Property that is transferred or assigned, the Authority shall be
entitled to require, except as otherwise provided in the Agreement, as conditions to any such release
that:
(i) Any proposed transferee shall have the qual ifications and financial
responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill
the obligations undelial<en in this Agreement by the Developer as to the portion of the
Development Property to be transferred.
(ii) Any proposed transferee, by instrument in wntmg satisfactory to the
Authority and in form recordable among the land records, shall, for itself and its successors
and assigns, and expressly for the benefit of the Authority, have expressly assumed all ofthe
obligations of the Developer under this Agreement as to the pOliion of the Development
Property to be transferred and agreed to be subject to all the conditions and restrictions to
which the Developer is subject as to such portion; provided, however, that the fact that any
transferee of, or any other successor in interest whatsoever to, the Development 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
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Agreement or agreed to in writing by the Authority) deprive the Authority of any fights or
femedies or controls with respect to the Development Property Of 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 matmer and to the extent specifically provided otherwise in this Agreement) no
transfer of, or change with respect to, ownership in the Development 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 Minimum Improvements 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 Developer, or any other pmiy bOlmd in any way by this Agreement or
otherwise with respect to the construction of the Minimum Improvements, from any of its
obligations with respect thereto.
(iii) Any and all instntments and other legal documents involved in effecting the
transfer of any interest in this Agreement or the Development Propeliy governed by this
Article VIII, shall be in a fon11 reasonably satisfactory to the Authority.
In the event the foregoing conditions are satisfied then the Developer shall be released from its
obligation under this Agreement, as to the portion of the Development Propeliy that is transferred,
assigned or otherwise conveyed.
After issuance of the Certificate of Completion for the Minimum Improvements, the
Developer may transfer or assign any portion of the Development Property or the Developer's
interest in this Agreement without the prior written consent of the Authority, provided that the
transferee or assignee is bound by all the Developer's obligations hereunder. The Developer shall
submit to the Authority written evidence of any such trat1sfer or assignment, including the transferee
or assignee's express assumption of the Developer's obligations under this Agreement. If the
Developer fails to provide sllch evidence of transfer and assumption, the Developer shall remain
bound by all its obligations under this Agreement. Without limitation of the foregoing, if the
Developer does not provide the Authority with written evidence that Ultra Machining Company has
assumed the Developer's obligations under this Agreement in conjunction with a lease of the
Development Property from the Developer to Ultra Machining Company, the Developer shall
remain bound by all its obligations under this Agreement.
Section 8.3. Release and Indemnification Covenants. (a) The Developer releases from and
covenants and agrees that neither the Authority, the City, nor their governing body members,
officers, agents, servants, or employees shall be liable for and agrees to indemnify and hold
harmless the Authority, the City, and their governing body members, officers, agents, servants, and
employees against any loss or datnage 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 misrepresentation or any willful or wanton misconduct of the
following natned parties, the Developer agrees to protect and defend the Authority, the City, and
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their governing body members, officers, agents, servants, and employees now or forever, and
further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by aI1Y person or entity whatsoever arising or purportedly arising from this
Agreement, or the transactions contemplated hereby or the acquisition, construction, installation,
ownership, maintenance, and operation of the Minimum Improvements.
(c) The Authority, the City, and their governing body members, officers, agents,
servants, and employees shall not be liable for any damage or injury to the persons or property of
the Developer or its officers, agents, servants, or employees, or any other person who may be about
the Development Property or 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 or the City, respectively, and not of any governing body member,
officer, agent, servant, or employee of the Authority or the City in the individual capacity thereof.
(e) Nothing in this Agreement shall be construed to constitute a waiver of any
statutory or common law immunity from or limitation on liability to which the Authority or the
City are entitled under law, including but not limited to those set forth in Minnesota Statutes,
Chapter 466.
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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
(unless the context otherwise provides), any failme by any party to observe or perform any other
covenant, condition, obligation or agreement on its part to be observed or performed under this
Agreement.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section
9. I of this Agreement occurs, the non~defaulting party may exercise its rights under this Section 9.2
after providing thirty days written notice to the defaulting party of the Event of Default, but only if
the Event of Default has not been cured within said thirty days or, if the Event of Default is by its
nature incurable within thirty days, the defaulting party does not provide assmances reasonably
satisfactory to the non-defaulting party that the Event of Default will be cured and wi)] be cured as
soon as reasonably possible:
(a) Suspend its perfonnance under the Agreement until it receives assurances that the
defaulting paIiy will cure its default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Upon a default by the Developer, the Authority may tem1inate its obligation to make
any payment to the Developer, and the Developer shall, within 10 days of written demand therefor,
pay to the City the Fees forgiven pursuant to Section 3.7 of this Agreement.
(d) 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
perfonnance and observance of any obligation, agreement, or covenant under this Agreement.
In addition, upon an Event of Default by the Developer, the Authority may withhold
issuance of the Certificate of Completion.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
Authority or the Developer is intended to be exclusive of any other available remedy or remedies,
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 aI1Y 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.
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Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by any party and thereafter waived by another
party, such waiver shall be limited to the particulaI' breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
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ARTICLE X
Additional Provisions
Section 10.1. Conflict ofInterests: Authority Representatives Not Individually Liable. The
Authority and the Developer, 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 or her personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or indirectly interested. No member,
official, or employee of the Authority shall be personally liable to the Developer, or any successor
in interest, in the event of any default or breach by the Authority or the County or for any amount
which may become due to the Developer or successor or on any obligations under the tenTIS of the
Agreement.
Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors
and assigns, agrees that during the construction and operation 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 Developer agrees that, during the tem1 of this
Agreement, the Developer, and its successors and assigns, shall not unlawfully discriminate upon
the basis of race, color, creed, sex, national origin, or any other prohibited basis in the sale, lease, or
rental or in the use or occupancy of the Development Property or any improvements erected or to be
erected thereon, or any part thereof, and shall devote the Development Property to the operation of
the Minimum Improvements as a qualified manufacturing facility within the meaning of Minnesota
Statutes, Section 469.176, subdivision 7.
Section 10A. 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
Development 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 ofreference 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 pmiy to the
other shall be sufficiently given or delivered if it is dispatched by registered or ctliified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Developer, is addressed to or delivered personally to the Developer
at Masters Fifth Avenue, Inc., 204 Locust Street, Suite 209, Monticello, MN 55362, Attn: Mr. Barry
D. Fluth, President.
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(b) in the case of the Authority, is addressed to or delivered personally to the Authority
at City Hall, 505 Walnut A venue, 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 Developer shall pay all costs for recording.
Section 10.9. Choice of Law and Venue. This Agreement shall be goveDled 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 Milmesota, and
all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
Section 10.10 Attorney Fees. 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 Developer under this Agreement, the Developer agrees that it shall,
within ten days of written demand therefor, pay to the Authority the fees of such attorneys and
such other expenses so incurred by the Authority.
Section 10.11. Entire AQreement. This Agreement constitutes the entire agreement
among the parties pertaining to its subject matter and it supercedes all prior contemporaneous
agreements, representations, and understandings of the parties pertaining to the subject matter of
this Agreement. This Agreement may be modified, amended, terminated, or waived, in whole or
in part, only by a writing signed by each of the parties.
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HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF MONTICELLO, MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged hefore me this day of , 2005,
by and , the Chair and Executive Director of the
Housing and Redevelopment Authority in and for the City of Monticello, Minnesota, on behalf of
the Authority.
Notary Public
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MASTERS FIFTH AVENUE, INC.
By
BaITY D. Fluth
Its President
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this _ day of
2005, by BaITY D. Fluth, the President of Masters Fifth Avenue, Inc., a Minnesota corporation, on
behalf of the corporation.
Notary Public
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EXHIBIT A
LEGAL DESCRIPTIONS
Development Property:
That property located within the city of Monticello, Wright County, Minnesota and legally
described as follows:
[To Be Supplied]
Adjacent Property:
That propel1y located within the city of Monticello, Wright County, Minnesota and legally
described as follows:
[To Be Supplied]
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EXHIBIT B
CERTIFJCATE OF COMPLETION
The undersigned hereby certifies that Masters Fifth A venue, Inc. (the "Developer") has fully
complied with its obligations w1der Articles III and IV of that document titled "Contract for Private
Development," dated ,2005 among the City of Monticello, Milmesota, the
Housing and Redevelopment Authority in and for the City of Monticello, Minnesota and the
Developer, with respect to construction of the Minimum Improvements on the property described in
Exhibit A thereto in accordance with the Construction Plans, and that the Developer is released and
forever discharged from its obligations to construct of the Minimum Improvements under Al1icles
III and IV.
Dated:
,200_.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF MONTICELLO, MINNESOTA
By
..:- lts pj-esldent ~ ~
By
lts Executive Director
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
The foregoing instrument was acknowledged before me this _ day of , 200_,
by and , the Chair and Executive Director of the
Housing and Redevelopment Authority in and for the City of Monticello, Minnesota, on behalf of
the Authority.
Notary Public
THIS DOCUMENT DRAFTED BY:
Kelmedy & Graven, Chartered (MTN)
470 US Bank Plaza
200 South Sixth Street
Minneapolis, Milmesota 55402
(612)
337-9300
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EXHIBIT C
FORM OF
INTERFUND LOAN RESOLUTION
HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF MONTICELLO, MINNESOTA
(the "AUTHORITY")
RESOLUTION NO.
AUTHORIZING INTERNAL LOAN FOR
ADV ANCE OF LAND ACQUISITION COSTS BY THE CITY OF
MONTICELLO
IN CONNECTION WITH TAX INCREMENT
FINANCING DISTRICT NO. 1-22
AND TAX INCREMENT FINANCING DISTRICT NO. 1-35
(LANDMARK SQUARE II)
Section 1.
Background.
1.01. The Authority established Tax Increment Financing District No. 1-22 (TIF District
Nd. 1-22") within the Redevelopment Project NO.1 (the "Project"), and Tax Increment Financing
District No. 1-35 ("TIF District No. I -35"), all pursuant to Minnesota Statutes, Sections 469.174 to
469. I 79 (the "TIF Act").
I .Cl2. Undcr Section 469. I 78, Subdivision 7 of the TIF Act, the Authority is authorized to
advance or loan money from any fund from which such advances may be legally made in order to
finance expenditures that are eligible to be paid with tax increments under the TIF Act.
1.03. The Authority will enter into a Contract for Private Development with Masters Fifth
A venue, Inc. (the "Developer") dated on or after September 12, 2005 (the "Contract"), under which
the Developer will construct the "Minimum Improvements" in TIF District No. 1-35. In order to
serve the Minimum Improvements (Landmark Square II), the Developer will acquire land in TIF
District 1-22 as described in the Contract ("Adjacent Property") to construct parking to serve
Landmark Square I and Landmark Square II.
1.04. The Authority has determined that the estimated market value of the Adjacent
Property is at least $20,000.00. The City will provide Developer $20,000.00 of City funds for
acquisition, demolition, and site improvements of the Adjacent Property for the purpose of
improving traffic circulation and parking for Landmark Square I and II pursuant to the terms of the
Contract ("Land Advance").
1.05. The Land Advance shall be disbursed upon Developer receiving a Certificate of
Completion as provided in Section 4.4 of the Contract and Developer provides proof of closing on
conveyance of the Adjacent Property to the Developer ("Disbursement Date").
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1.06. The Authority and City intend to designate the Land Advance as an interfund loan in
accordance with the terms of this resolution. The Land Advance represents an advance of City
funds in the amount of$20,000.00.
Section 2.
Repavment of Land Acquisition Costs Advance.
2.01. The City will reimburse itself for the Land Advance in the principal amount of
$20,000.00 together with interest at the rate of 4% per almum accruing from the Disbursement Date.
The interest rate is no more than the greatest of the rate specified under Minnesota Statutes,
Section 270.75 and Section 549.09, both in effect for calendar year 2005.
2.02. Principal and interest ("Payments") on the Land Advance shall he paid semi-
annually on each August J al1d February 1 (each a "Payment Date"), commencing on the first
Payment Date subsequent to the Disbursement Date on which the Authority has A vaiJable Tax
Increment (defined below), or on any other dates detennined by the HRA, through the date of last
receipt of tax increment from the TlF District.
2.03. Payments on the Land Advance will be made solely from Available Tax Increment
from TIF District 1-22. "Available Tax Increment" means 90% of the Tax Increment as calculated
by the County and paid to the Authority during the six months preceding each Payment Date.
Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing
from the Closing Date will be compounded semianl1ually on February 1 and August 1 of each ycar
and added to principal until the first Payment Date, unless otherwise specified by the Authority.
2.04. The principal sum and all accrued interest payable under this resolution IS pre-
payable in whole or in part at any time by the Authority without premium or penalty.
2.05. The Land Advance is evidence of an internal borrowing by the Authority in
accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable
solely from Available Tax Increment pledged to the payment hereof under this resolution. The Land
Advance 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 he obligated to pay the principal of or interest
on the Land Advance or other costs incident hereto except out of the Available Tax Increment. The
Authority shall have no obligation to pay any principal amount of the Land Advance or accrued
interest thereon, unless all other obligations payable out of Available Tax Increment from TIF
District No. 1-22 are first satisfied, or which may remain unpaid after the final Payment Date.
2.06. The City may at any time make the determination to forgive the outstanding
principal amount and accrued interest on the Land Advance to the extent permissible under law.
2.07. The Authority may from time to time amend the terms of this Resolution to the
extent permitted by law, including without limitation amendment to the payment schedule and the
interest rate; provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the TIF Act.
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Section 3. Effective Date. This resolution is effective upon the date of its approval.
Approved by the Board of Commissioners of the Housing and Redevelopment Authority in and
for the City of Monticello, Minnesota, this _ day of September, 2005.
By:
Its: P~nt
~~
By:
Its: Executive Director
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INTERFUND LOAN RESOLUTION
HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF MONTICELLO, MINNESOTA
(the "AUTHORITY")
RESOLUTION NO.
AUTHORlZING INTERNALLOAN FOR __.
ADY ANcE OF J?NBi\CQUISITION cOSTS~rI:IE CITY OF
____ MONTWFIl O'
IN CONNECTION WITH TAX INCREMENT
FINANCING DISTRICT NO. 1-22
AND TAX INCREMENT FINANCING DISTRICT NO. 1-35
(LANDMARK SQUARE II)
Section l.
Background.
1.01. The Authority established Tax Increment Financing District No. 1-22 (TIF District
No. 1-22") within the Redevelopment Project No. 1 (the "Project"), and Tax Increment Financing
District No. 1-35 ("TIF District No. 1-35"), all pursuant to Minnesota Statutes, Sections 469.174 to
469.179 (the "TIF Act").
1.02. Under Section 469.178, Suhdivision 7 of the TIF Act, the Authority is authorized to
advance or loan money from any fund from which such advances may be legally made in order to
finance expenditures that are eligihle to he paid with tax increments under the TIF Act.
1.03 The Authority will enter into a Contract for Private Development with Masters Fifth
Avenue, Inc. (the "Developer") dated on or after September 12,2005 (the "Contract"), under which
the Developer will construct the "Minimum Improvements" in TIF District No. 1-35.~order to ql~-Q:rJ':'
serve the Minimum Improvements (Landmark Square II), the Developer will acquir~An TIF \.
District 1-22 as described in the Contract ("Adjacent Property") to construct parking to serve
Landmark Square I and Landmark Square II.
1.04. The Authority has detennined that the estimated market value of the Adjacent
Property is at least $20,000.00. Th~wi1l provide Developer $20,000.00 of City funds for
acquisition, demolition, and site improvements of the Adjacent Property for the purpose of
improving traffic circulation and parking for Landmark Square I and II pursuant to the terms of the
Contract ("Land Advance").
1.05. The Land Advance shall be disbursed upon Developer receiving a Certificate of
Completion as provided in Section 4.4 of the Contract and Developer provides proof of closing on
conveyance of the Adjacent Property to the Developer ("Disbursement Date").
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1.06. The Authority and City intend to designate the Land Advance as an interfund loan in
accordance with the tenns of this resol uti on. The Land Advance represents an advance of City
funds in the amount of $20,000.00.
Section 2.
Repavment of Land Acquisition Costs Advance.
2.01. The City will reimburse itself for the Land Advance in the principal amount of
$20,000.00 together with interest at the rate of 4% per annum accruing from the Disbursement Date.
The interest rate is no more than the greatest of the rate specified under Minnesota Statutes,
Section 270.75 and Section 549.09, both in effect for calendar year 2005.
2.02. Principal and interest ("Payments") on the Land Advance shall be paid semi-
annually on each August 1 and February 1 (each a "Payment Date"), commencing on the first
Payment Date subsequent to the Disbursement Date on which the Authority has Available Tax
Increment (defined below), or on any other dates detem1ined by the HRA, through the date oflast
receipt oftax increment from the TIF District.
2.03. Payments on the Land Advance will be made solely from Available Tax Increment
horn TIF District 1-22. "A vailabJe Tax Increment" means 90% of the Tax Increment as calculated
by the County and paid to the Authority during the six months preceding each Payment Date.
Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing
from the Closing Date will he compounded semiannually on February 1 and August 1 of each year
and added to principal until the first Payment Date, unless otherwise specified by the Authority.
2.04. The principal sum and all accrued interest payable under this resolution IS pre-
payable in whole or in part at any time by the Authority without premium or penalty.
2.05. 'The Land Advance is evidence of an intemal borrowing by the Authority in
accordance with Section 469.178, subdivision 7 of the TIF Act, and is a limited obligation payable
solely from A vailah1e Tax Increment pledged to the payment hereof under this resolution. The Land
Advance shall not he deemed to constitute a general obligation of the State of Minnesota or any
political suhdivision 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 the Land Advance or other costs incident hereto except out of the Available Tax Increment. The
Authority shall have no obligation to pay any principal amount of the Land Advance or accrued
interest thereon, unless all other obligations payable out of Available Tax Increment from nF
District No. ] -22 are first satisfied, or which may remain unpaid after the final Payment Date.
2.06. The City may at any time make the detennination to forgive the outstanding
principal amount and accrued interest on the Land Advance to the extent permissible under law.
2.07. The Authority may from time to time amend the tenns of this Resolution to the
extent permitted by law, including without limitation amendment to the payment schedule and the
interest rate; provided that the interest rate may not be increased above the maximum specified in
Section 469.178. subd. 7 of the TIF Act.
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Section 3. Effective Date. This resolution is effective upon the date of its approval.
Approved by the Board of Commissioners of the Housing and Redevelopment Authority in and
for the City of Monticello, Minnesota, this _ day of September, 2005.
By:
Its: ~t c.R-~
By:
Its: Executive Director
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Wright County AuditorwTreasurer
10 Second Street NW Room 230
Buffalo, MN 55313w1195
!Invoice: A05- TIF 633 J
I Date: 08/04/20051
Name
EHLERS & ASSOCIATES, INC
Address
3060 CENTRE POINTE DRIVE
ROSEVILLE MN 55113-9529
TIF DISTRICT CERTIFICATION -#633
0.00
0.00
400.00
,~\'~. L\ \.0 ;J "0 ~'")
/").... \ ~. .('
. ....;J "
....--,
'-. .
(!
;Y--o .
u .-
Total
0.00
0.00
400.00
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HRA Agenda - 09/07/05
8.
Consideration of HRA Executive Report.
a) TIF Annual Audit Reports to State out July 29,2005 and published in Times, August 11.
b) TIF pay-as-you-go semi-annual payments out August 1, 2005.
c) Twin City Die Castings/City of Monticello Grant/Loan closed by State of Minnesota. This
means the EDA can now consider re-use of the $500,000 plus interest payback.
d) Land sale closing to Dahlheimer's Distributing for 8.6 acres in the Monticello Business
Center is planned for September 20. They plan to construct a new 54,000 sq it
office/distribution center. Construction completed by no later than May 31,2006.
e) With thc billboard along 1-94 and the web site: monticello land. com, some inquiries will not
meet a criteria for the $1 price.
Leads: 200.000 sq ft manufacturing user. United Properties
Great River Energy Headquarter building (did not respond)
20,000 sq ft producer of instant sauces, soups and gravy. (John S. and 1 met with them
8/26)
30.000 sq ft machine shop (gave offer, not interested)
10,000 sq ft warehouse (doesn't fit criteria)
10,000 sq ft welding (doesn't fit covenants)
'frailer sales, 3-5 acres (doesn't fit criteria)
60,000 sq ft builder of dump bodies, grain bodies, and truck hoists. (Responded 8/1 0)
18,000 sq ft general machining job shop (to Elk River)
30,000 sq ft sheet metal (to Elk River)
30,000-40,000 sq ft precision CNC machining shop (will call back)
United Properties looking to develop mixed-use development. Like freeway cxposure.
BRE: Blue Chip Development expansion and TCDC cxpansion.
f) Attended Standard Iron's 75th Anniversary, Wal-mart Open J-Iouse, Premier Bank Open
House in Wal-mart. Met with Kaltec, Inc. Attended Elhers & Associates 50th Anniversary
Open J'louse. Wright County Economic Development Golf Outing, September 19 (dinner
only). Had lunch with Gary, US Bank, and Travis, Wells Fargo Bank.
h) Landmark Square II project and TIF application will be completed by September 12 for
redevelopment of three homes into an 11,000 sq ft retail center on the corner of Locust and
Third Street West.
i) Marketing - Billboard up (in second location), web site up and running ( after billboard up
about 400 hits on web site), classified ad in Sunday Tribune, post card to brokers, realtors, etc.
noting we will pay commission.
j) Fiber Optics Task Forcc - This group of volunteers and Council member Mayer have been
meeting for the last couple of months. Anywhere from 2 to 5 hours per week. Thc City
Council on August 22 approved preparation of a Request For Proposal for fiber optic options
at a cost of $1,500. RFP to be approved by Council. They toured UMC, invited the current
8if,.,.
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HRA Agenda - 09/07/05
providers (TDS and Charter), heard from other fiber optic specialists prior to their nnd
presentation. They should be commended for their long hours of research.
k) Meeting with developer of theater block re-scheduled to September 14.
I) Based on the suggestion of a consultant, a meeting to discuss the merger of the EDA/
HRA/IDC is scheduled for September 1, 9-10:00 a.m. among HRA Attorney Bubul, Financial
Consultant Ruff and staff. Update at meeting.
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