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HRA Agenda 02-02-2005 . AGENDA MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday, February 2, 2005 - 6:00 p.m. 505 Walnut Street - Bridge Room Commissioners: Chair Bill Fair, Vice Chair Darrin Lahr, Dan Frie, Brad Barger, and Steve Andrews. Council Liaison: Staff: 1. 2. 3. 4. 5. . 6. Wayne Mayer. Rick Wolfsteller, Ollie Koropchak, and Angela Schumann. Call to Order. Consideration to approve the January 5, 2005 and January 17,2005 HRA minutes. Consideration of adding or removing items from the agenda. Consent Agenda. Consideration of a progress report from Brad Johnson or Barry Fluth relative to Phase II of Landmark Square and authorization to begin process for establishment of Redevelopment TIF District if so determined. Consideration to approve a resolution adopting a modification to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and establishing TIF District No. 1- 33 therein and adopting a TIF Plan therefor. 7. Public Hearing and consideration to approve, the Business Subsidy Agreement, a provision of the Contract for Private Development among the HRA, Tapper's Holdings LLC, and Strategic Equipment and Supply Corporation, and to adopt an Authorizing Resolution approving the Contract for Private Redevelopment with Tapper's Holdings LLC and awarding the sale of, and providing the form, terms, covenants and directions for the issuance of its $100,000 Tax Increment Revenue Note, Series 2005. 8. Consideration to authorize payment of HRA bills. 9. Consideration of Executive Director's Report. 10. Committee Reports. a) Marketing Committee - Lahr and Barger. 11. . Other Business. a) Next HRA meeting March 2, 2005. 12. Adjournment. . . . MINUTES MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday, January 5th, 2004 - 6:00 p.m. 505 Walnut Street - Bridge Room Commissioners Present: Chair Bill Fair, Vice Chair Darrin Lahr, Brad Barger Commissioners Absent: Steve Andrews, Dan Frie Staff Present: Rick Wolfsteller, Ollie Koropchak, and Angela Schumann. 1. Call to Order. Chairman Fair called the meeting to order at 6:00 PM, and declared a quorum, noting the absence of Commissioners Frie and Andrews. 2. Consideration to approve the December 1 st, 2004 HRA minutes. MOTION BY COMMISSIONER LAHR TO APPROVE THE MINUTES OF DECEMBER 1st, 2004. MOTION SECONDED BY COMMISSIONER BARGER. MOTION CARRIED. 3. Consideration of adding or removing items from the agenda. NONE. 4. Consent Agenda. NONE. 5. Consideration of a progress report from Brad Johnson or Barry Fluth relative to Phase II of Landmark Square and authorization to begin process for establishment of Redevelopment TI D District 1-33 if so determined. No report. 6. Consideration to review for finalization the Monticello Transformation Home Loan Program. Koropehak presented the revised program brochure for approval. Koropchak noted that the program would be going before Council t()r their final review at the Decemher meeting. An informational breakfast to introduce the program will he held in January for. title companies, real estate agencies, lenders and remodelers. Lahr suggested that the program may also be a worthwhile topic for the Chamher luncheon. I . For the finalization of the brochure piece, Lahr requested that the loan amount examples he boxed in and reeommended that the word "examplc" be added. MOTION BY COMMISSIONE BARGER TO ACCEPT AS FINAL THE MONTICELLO TRANSFORMATION I IOME LOAN PROGRAM BROCHURE WITH ONE CORRECTION AS NOTED. MOTION SECONDED BY COMMISSIONER LAIIR. MOTION CARRIED. 7. Consideration to approve authorizing transfer of $500,000 for acquisition of 35 acres of Otter Creek Crossing and update on the closing. I-I A zoning, covenants and preferred mcasures. Fair noted that the closing on the property had occurred. Koropchak asked the HRA if they had any reservations about the project in light ofthe possible A VR relocation to the area. The liRA Commissioners all agreed that the A VR is not an appropriate use for thc park and is not consistent with what has been outlined for the park. Koropchak noted that the IDC had met and the Councilors-elect were rcsponsive to thc IDC member's point of view that other location options for A VR should be pursued. . The Commissioners asked what A VR would pay for land in the Otter Creek Business Park. Wolfsteller explained that the final purchase price would be part of negotiation process. It was noted that bccause the City controls the land, it would be the most expedient relocation option. If A VR is pushed to that site, the land would need to be rezoned, as the entire City parcel had just been zoned I ~ 1 A. Koropchak rcported that Council did adopt the rczoning and the basic premise of the covenants. Koropchak's recommendation is to record the covenants against the whole 120 acres with Chadwick as a co-signer, particularly as the zoning applies to the whole 120 acres. It is also in Chadwick's best interest to co-sign, as the covenants protect the value of his property. MOTION I3Y COMMISSIONER LAHR TO APPROVE AUTIIORIZING THE TRANSFER OF $500,000 FROM THE HRA GENRAL FUND (NON-RESTRICTIVE) FOR ACQUISITION OF 35 ACRES OF OTTER CREEK BUSINESS CAMPUS DESCRIBED AS LOT 1, BLOCK 2, OTTER CREEK CROSSING. MOTION SECONIJED I3Y COMMISSIONER BARGER. MOTION CARRIED. Koropchak notcd that Ruff had recommended the land be placed in the HRA' s name. . 2 . . . 8. Consideration to authorize payment of HRA bills. MOT'ION BY COMMISSIONER BARGER TO AUTl-IORIZE PAYMENT OF HRA BILLS. MOTION SECONDED 13Y COMMISSIONER LAHR. MOTION CARRIED. 8. Consideration of Executive Director's Report. Koropchak noted that some of the leads she has received will most likely not fit the Otter Creek prcferred measures. Koropchak has scnt thc customer worksheet to the interested parties to dctermine whether they will fit. Koropchak highlighted that Xcel Energy has committed $15,000 ($7,500 now and then after the first of the year) toward the marketing of Otter Creek Business Campus. Fair inquired whether the City had any prospects for the old theater building. Koropchak noted that she and O'Neill had met with a potential developcr interested in the theater property and possibly other parcels within the block. The Commissioners agreed that the HRA's standpoint is that there is always interest in expanding redevelopment projects in that area. Koropchak noted that she had received a letter from the State Auditor's office requesting information on the original TIF plans for about 12 districts. She will be checking on whether they actually need this information, as some districts had been decertified. Additionally, Koropchak noted that the State had received the confirmation of decertification reports. Koropchak indicated that she had spoken with Bill Tapper about the possibility of an expansion to the former H Window building. The expansion would bring about 40 jobs to the area. Koropchak inquired whether the HRA would be interested in ercating a TIF district just on the expansion area. Steve Bubul and Koropehak would be meeting with the proposed tenant to discuss TIF requirements, should the HRA consider this a viable option. The HRA Commissioners indicated that they did not have any objections to the creation of the district. Koropchak noted that the HRA had received paymcnt of $2,045 from Mike Cyr for the administrative cost over-run. She also explained that Standard Iron had been billed $45.00 for legal fees associated with Release of Contract. A thank you note had been sent to Xed Energy f()r the marketing contribution. 9. Committee Reports. NONE. 3 . 11. Adjournment. MOTION BY COMMISSIONER BARGER TO ADJOURN. MOTION SECONDED BY COMMISSIONER LAHR. MOTION CARRIED. Chairman Secretary . . 4 . . . MINUTES - SPECIAL MEETING MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Monday, January 17,2005 - 7:00 p.m. 505 Walnut Street - Academy Room Commissioners Present: Chair Bill Fair, Vice Chair Darrin Lahr, Dan Frie, and Brad Barger. Commissioners Absent: Steve Andrews. Council Liaison Present: Wayne Mayer Staff Present: Ollie Koropchak. Guests: Bill and Barb Tapper, Westlund Distributing 1. Call to Order. Chair Fair called the HRA meeting to order at 7:00 p.m. declaring a quorum. The HRA welcomed newly appointed Council Liaison Wayne Mayer. 2. Consideration to approve the January 5. 2005 HRA minutes. No action, minutes not available. 3. Consideration of adding or removing items from the agenda. None. 4. Consent Agenda. Not applicable. 5. Consideration to approve authorization to enter into a Preliminary Development Agreement between the HRA and William R. and Barbara R. Tapper. Koropchak noted Bill Tapper had executed the Preliminary Development Agreement and deposited $7,500; therefore, the BRA is asked to enter into the Agreement authorizing preparation of a TIF District. Bill and Barb Tapper, the applicant, explained they had purchased the property located at 1324 Edmondson Avenue NE for Westlund Distributing. Westlund will occupy 42,000 sq ft of warehouse space and 3,000 sq ft of office space. In order to accommodate the needs of a proposed tenant, Strategic Equipment and Supply Corporation; Tapper plans to construct a 25,000 sq ft warehouse addition to the northerly end of the existing 60,000 sq ft facility. Strategic will also leaselO,OOO sq ft of existing warehouse space and 5,000 sq ft of existing office space for a total of 40,000 sq ft. The restaurant equipment and supply company (the lessee) was formed in 2000 and within the past few years has purchased a number of smaller 1 . . . HRA Minutes - 01117/05 restaurant supply companies. The national company will retain sales and distribution centers in St. Cloud and Minneapolis. The company plans to bring 50-55 full-time jobs to Monticello within two years. Tapper continued stating the company plans to make Monticello its headquarters and control center, they like the central and 1-94 location. Tapper stated the company sees the higher-skilled positions remaining and perhaps, some turn-over of the lesser skilled positions due to travel distance and retirement. The minimum average wage per hour w/o benefits is $17.90 and the median wage per hour w/o benefits is $19.00. Tapper was unaware of the proposed truck traffic. Koropchak noted Bill Tapper, Strategic, HRA Attorney Steve Bubul, and herself had met to discuss ifthe project met the Minnesota Statutory requirements for TIF and how to structure the Contract for Private Development. It appears the Contract will be among the HRA, Tapper's, and Strategic. The pay-as-you-go finance payments would cease if the tenant does not re-new its five-year lease and the owner would have the option to solicit a new tenant. According to the one construction bid received, the amount of eligible TIF expenditures totaled $199,950 (demo of existing building, asphalt, curb, and earthwork). The TIF Cashflow estimates using 5.5% interest rate, over 9 years, and a $750,000 estimated market value for the addition generated $112,000 NPV of tax increment. Using 6.2% interest rate over 8 years generated $98,000 NPV of tax increment. Tapper had presented a building rental analysis using a rent of$5.00 per sq ft which included taxes and acceptable to the tenant. The project is very, very tight with very little margin, said Tapper, who will benefit long term. Ehlers will compare the proposed rate to industry standards as part of the "but for" findings. Koropchak continued explaining that when the HRA enters into the Preliminary Development Agreement, this means the HRA agrees to use tax increment financing to assist with the proposed project and authorizes the HRA attorney and financial consultant to begin preparation of the process. Commissioner Barger made a motion to approve authorization to enter into a Preliminary Development Agreement between the HRA and William R. and Barbara R. Tapperfor the property located at 1324 Edmondson Avenue NE. Commissioner Frie seconded the motion and with nofurther discussion, the motion passed unanimously. 6. Consideration of calling for a public hearing date for proposed business subsidy to William R. and Barbara R. Tapper and Strategic Equipment and Supply COl}Joration. As the HRA prepares to award a business subsidy for the proposed Tapper project, a public hearing is necessary to satisfy the Minnesota Statutes. The HRA public hearing date is scheduled for February 2, 2005, at which time the HRA will also approve the amount of business subsidy and the job and wage level goals as defined in the Contract for Private Development. The Council approves the Business Subsidy Agreement within the Contract on February 28. It was noted to change the name from William R. and Barbara R. Tapper to 2 . HRA Minutes - 01117/05 Tapper's Holdings LLC. Commissioner Lahr made a motion calling/or a public hearing of February 2, 2005, 6:00 p.m., associated with the proposed business subsidyfor Tapper's Holdings LLC and Strategic Equipment and Supply Corporation. Commissioner Barger seconded the motion and with no further discussion, the motion passed unanimously. 7. Consideration to approve a resolution requesting: the City Council of the City of Monticello call for a public hearing on a modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No. 1 and the establishment of a nF Plan for nF District No. 1-33 (an Economic Development District) therein and the adoption of a nF Plan therefor. The HRA was asked to approve a resolution requesting the City Council on the 24th of January, 2005, call for a public hearing date of February 28, 2005, to consider modifying the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and to establish TIF District No. 1-33. The resolution also states that the county and school districts must receive a copy of the Plan by no later than January 28, 2005 and the Council and Planning Commission prior to February 28,2005. . Commissioner Frie made a motion to approve the resolution requesting the City Council of the City (~f Monticello call for a public hearing on a mod!fication to the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and the establishment of a TIF Plan/or TIF District No. 1-13 (an Economic District) therein and the adoption of the TIF Plan therefor. Commissioner Lahr seconded the motion and with no further questions, the motion passed unanimously. 8. Committee Reports. a) Marketing Committee - Committee Members Barger and Lahr recommended the domain name of MonticelloLand.com for the Otter Creek Business Campus. 9. Other Business. a) Next HRA meeting February 2, 2005. b) Ad Hoc Committee for Open and Outdoor Storage Ordinance - The HRA is requested to send a representative to this Ad Hoc Committee. Some time ago, the City via the Planning Commission had requested an amendment to the Open and Outdoor Storage Ordinance relating to industrial zoned areas. The committee of industrial business owners; IDC, HRA, Planning Commission members; and staff is scheduled to meet Wednesday, January 19,2005,3:00 p.m. in the Academy Room to review the current ordinance and outline current concerns and issues. Lahr volunteered and would check his calendar. Alternates: Dan Frie and Brad Barger. . c) Transformation Home Loan Program - Koropchak reported the City Council on January 10, 2005, voted to support the program. Invitation cards were mailed the next day to lenders, builders, title companies, and real estate agents for a breakfast to promote 3 . . . HRA Minutes - 01/17/05 the program. Koropchak will post the breakfast to allow a quorum of the commissioners to attend the breakfast scheduled for January 26, 2005, at 7:30 a.m. in the North Mississippi Room. 10. Adiournment. Commissioner Lahr made a motion to acfiourn the HRA meeting. Seconded by Commissioner Frie and with nofurther business, the meeting adjourned at 7:45 p.m. HRA Chair Ollie Koropchak, Recorder 4 . . . HRA Agenda - 02102105 5. Consideration of a proe:ress report from Brad Johnson or Barry Fluth relative to Phase II of Landmark Square and authorization to be2in process for establishment of a Redevelopment TIF District if so determined. Brad Johnson plans to attend the HRA meeting for an update. My understanding, Mr. Johnson has entertained a restaurant owner and toured the City of Monticello. Additionally, they may have one office tenant. As you recall, Mr. Fluth and the HRA executed a Preliminary Development Agreement on September 14,2004, and Fluth deposited $7,500. Once they have secured tenants for financing and they give the go ahead, the HRA consultant and attorney will be notify to begin the TIF process and the level of assistance will be discussed. 1 . . . HRA Agenda - 02/02/05 6. Consideration to approve a resolution adoptine: the modification to the Redevelopment Plan for Central Monticello Redevelopment Proiect No.1; and establishing TIF District No. 1-33 therein and adoptine: the TIF Plan therefor. A. Reference and background: At the January 17,2005, the HRA approved entering into a Preliminary Development Agreement with the Tappers and authorized the financial and legal consultants begin preparation o1'TIF District No. 1-33, an Economic District. A public hearing for establishment ofTIF District No. 1-33 has bcen called for February 28,2005, by the City Council. The TIF Plan was distributed to the taxing jurisdictions on January 28, 2005, fcn compliance with the 30-day notice to comment. On February 1, 2005, the Planning Commission is scheduled to approve a TIF resolution finding the project consistent with the Comprehensive Plan. Attorney Steve Bubul, Kennedy & Graven, has prepared a draft copy the Contract for Private Development for review. City Staff is scheduled to meet with Grady Kinghorn, Kinghorn Associates, for a pre-construction consultation on February 11 or 14. The company's construction financing is through Stearns Bank, S1. Cloud, and the EDA IS scheduled to consider a real estate development loan on February 10,2005. The district is being established to assist with site improvement costs associated with the construction of a 25,000 sq n addition to an existing 60,000 sq ft facility located at 1324 Edmondson Avenue NE. The parcel is located within Oakwood Industrial Park and is zoned 1-2 (Heavy Industrial.) The expansion plus a portion of the existing space will be leased to Strategic Equipment and Supply Corporation who has committed to the creation of 40 full-time jobs. The attached resolution describes the findings for establishment of the TIF District, please reVlew. B. Alternative Action: 1. A motion to approve the resolution adopting the modfication to the Redevelopment Plan for Central Monticello Redevelopment Project No.1; and establishing TlF District No. 1-33 therein and adopting the TIF Plan therefor. 2. A motion to deny approval of the resolution .......... 3. A motion to table any action. . HRA Agenda - 02/02/05 c. Recommendation: The City Administrator and Executive Director recommendation is alternative no. I D. Supportine: Data: Copy of resolution for adoption, excerpts of the TIF Plan, and jobs and wage levels. . . 2 . . . 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. 1-33 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 Redcvelopment Project No.] (the "Redevelopment Plan Modification") and establish Tax Increment Financing District No. ] -33 and adopt a Tax Increment Financing Plan (thc "TIF Plan") therefor (the Rcdevelopment Plan Modification and the TIF Plan are rcferred to collectively herein as the "Plans"), all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469. 174 to 469. I 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 BRA has performed all actions required by law to be performed prior to the adoption of the Plans. The BRA 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 HRA hereby finds that Tax Increment Financing District No. I -33 is in the public interest and is an "economic development district" under Minnesota Statutes, Section 469.174, Subd. 12, 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 prescrvation and enhancement of the tax basc of the City and the Statc because it will discourage commerce and industry from moving their operations to another state or municipality and thereby serves a public purpose. 2. 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. I are not being . . . 4. Conditioned upon the approval thereof by the City Council following its public hearing thereon, the Plans, as presented to the HRA on this date, are hereby approved, established and adopted and shall be placed on file in the office ofthe Executive Director of the I-lRA. 5. Upon approval of the Plans by the City Council, the staft~ the HRA's advisors and legal counsel arc authorized and directed to procecd with the implementation of thc 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 a Development Agreement with allY developer. 6. Upon approval of the Plans by the City Council, the Executive Director of the I-IRA is authorized and directed to forward a copy of the Plans to the Minnesota Departmcnt of Revenue pursuant to Minnesota Statutes 469.] 75, Subd. 4a. 7. The Executive Director of the HH.A is authorized and dirccted to forward a copy of the Plans to the Wright County Auditor and request that the Wright County Auditor certify the original tax capacity ofthe 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 2'''' day of February, 2005. Chair ATTEST: Secretary Ehlers & Associates, Inc. Tax Increment Financing District Overview City of Monticello - Tax Increment Financing District No. 1-33 The following summary contains an overview of the basic elements of the Tax Increment Financing Plan for TIF District No. 1-33. More detailed information on each of these topics can be found in the complete TIF Plan. Proposed action: Redevelopment Project: Type ofTIF District: Parcel Numoer: Proposed Development: Maximum duration: Estimated annual tax increment: Proposed uses: Form of financing: Administrative fee: I nterfu nd I.oan Req u i relHent: Establishment of Tax Increment Financing District No. 1-33 (District) and the adoption of a Tax Increment Financing Plan (TIF Plan). Adoption of a Redevelopment Plan Modification for the Central Monticello Redevelopment Project No. I. (The Modification is to include the project activities anticipated in the District.) An economic development district 155-018-002120 The District is being created to facilitate construction of a 25,000 s.f. addition to the existing approximate 60,000 s.f. industrial building for Strategic Equipment & Supply Corporation. The duration of the District will be 8 years frolH the date of receipt of the first increment (9 years of increment). 'fhe date of receipt of the first tax increment will be approximately 2007. Thus, it is estimated that the District, including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after 2015, or when the TIF Plan is satisfied. Up to $] 8,299 The TIF Plan contains a budget that authorizes the maximum amount that may be expended: Site Improvements/Preparation.... ............ ............. ........... $102,700 Interest................................................................................ $40,000 Administrative Costs (up to 10%) ........................................$7.300 TOTAL PROJECT COSTS ..........................................$150,000 See Subsection 2-10, page 2-5 of the T1F Plan for the full budget authorization. Additional uses of funds are authorized which include inter-fund loans and transfers and bonded indebtedness. Financing will be primarily through a pay-as-you-go note. Up to 100;1, of annual increment, if costs are justified. II' the City wants to pay for administrative expenditures from a tax increment fund, it is recolllmended that a resolution authorizing a loan from another fund must be passed PRIOR to the issuance of the check. . 3 Year Activity Rule (\\'469. j 76 5,'uhd / a) T1F District Overview 4 Year Activity Rule (1\' 469. /76 Suhd 6) 5 Year Rule (II' 469. j 763 Suhd 3) . At least one of the following activities must take place in the District within 3 years from the date of certification: · Bonds have been issued . The authority has acquired property within the district . The authority has constructed or caused to be constructed public improvements within the district . The estimated date whereby this activity must take place is February, 2008. After four years from the date of certification of the District one of the following activities must have been commenced on each parcel in the District: . Demol ition . Rehabilitation . Renovation · Other site preparation (not including utility serviccs such as sewer and water) . If thc activity has not been started by the approximately February, 2009, no additional tax increment may be taken from that parcel until the commencement of a qualifying activity. Within 5 years of certification revenues derived from tax increments must be expended or obligated to be expended, Tax increments are considered to have been expended on an activity within the District ir one ofthe following occurs: . The revcnues arc actually paid to a third party with respect to the activity · Bonds, the proceeds of which must be used to finance the activity, are issucd and sold to a third party, the revenues are spent to repay the bonds, and the proceeds of the bonds either are reasonably expected to be spent before the end of the later of (i) the five year period, or (i i) a reasonable tcmporary period within the meaning of the usc of that term under !;i. !48(c)(I) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund · Binding contracts with a third paJ1y are entered into for performance of the activity and the revenues are spent undcr the contractual obligation . Costs with respect to the activity are paid and the revenues are spent to reimburse ror payment of the costs, including intercst on unreimhursed costs. Any obligations in the Tax Increment District made afler approximately Fehruary, 2010, will not bc eligible for repayment from tax increments. The reasons and facts supporting the findings ror the adoption of the TIF Plan for the District as required pursuant to MS, /)'eclion 469./75, SUfhl 3, arc included in Exhibit A of the City Council Adopting Resolution. . Page 2 T1F District Overview . BOUNDARY MAPS OF CENTRAL MONTICELLO REDEVELOPMEN'r PROJECT NO. I AND TAX INCREMENT FINANCING DISTRICT NO, 1-33 . . Page 3 . '.. ;:: ~ :=n ow _ A.,.. ow'< < ow - -- o ;3 "l:J 9 ,.. .. \II := ,.. . .. .. . . '~ a ~ . , ' .:- ':; () G ;Z -::- .. "'" 2' 0 ~ - ..; :........ I ~'. '~~.; I' ,... ~\ , .' ).' . .... . '. .. ~:,,:':'../ . i' .: 1.... . : ~. \ ....~ - m., )c i:ii -. =' ::: ca", N' o :::. :x> ::1 :J CD X OJ - er :3 (j) C- o. '< -..... $,,01 ~~:B -) -', ce',' ' <: o :J ~.-- S' o. ; CD .. ~O .- .... ..:.. . ,1I~:~ u,.. .~ ~..- :i,.:;-:, ii:!:: &'. ... !;: -., ~ .' " . " :. . .- ,,- .. .. oM.." " .~ I ':1 ........ . . :~~ :". .. '.=-' -- :'! ; v \ ~" - .. ..._->. -. ,#" .....: "'\'. ':;", . ,: l --- \ ", .' \' ,~ . '..j).... . - --;r , "., :. ~.f t;;:l t-3 H ~ (IJ ~~ t-3 :;:d H H Z :;e~~ CJ CJ t-3 :;:d Ot;ljon tIj z :3:: "'""~Zt;lj 0 l:".I z t;ljt'fj"""32 t-3 n~~"""3 . ...... I ':l:j """30n~ w H >~t;lj W Z r; :;e~~~ CJ t'fjt'fj~ H >:z0 Z 0 """3 Jl-A STRRTEGIC EQUIPMENl JAN-07-2005 13:35 I ,1,1 ~ I , " 0.1.<::: ,,)0.1. ,,).1.,,).1. ,."'<<:c., '" ", 'I""'" I I Il.;i( >>fl!.::;.:~!"~h', ..~~, ", 1'14 . '~:\:I ,. f. ' I.. )...........i. :..61 ..':, $,;, . -7i,. 'W'....m,,<j....:.. . . , . 'I' I" 4' ,,,I .,:',1 'k ij .' I,~I :'1.' ,( . :1 , ' MONTICELLo I :,\ , ,I'I \. '~: , " I, " DEVELOPMENT SERVICES Economic Development Director Phon,;:: Fax; Emai!: (763) 271~208 (763) 295-4404. . 011 i c. kOTOI'l chakr{J'.C i .!non lice! J O. mn. us, \I -;.--,--,~- ---'--1 CITY OF MONTICELLO, MINNESOTA , , . , ',,' - hlumber ofJobJ, , F.uU-rjme :.,. ~ J \, L ~ -~ 2 ~ /7 : . "C6mpany Name . .' ~',' I , .WAGE.2004 . T 0--1 cJ- . 1:1. .,,:,....;~:'l-.~.,:.:.i",:~~;..: '/ '::\>:r: :~h~'~~~\'.:l,l~l,,'~.~h'.' .~\ . ~o\l '~\~~I 1".:J):li(i~~~f.~" ~. I, ,C'j~I;': '''~l~'", """~"'-!."'" " '1 ~ ,f fi' " I ~~\~ ~I~ JOB AND WAGE LEVEL - EXISTING JOBS , , , , I I,~ 'J ~ '11 I 1-, .' . I ~'t . ',~, ,{' .' Please indicate number of current employees at each level and indicate the corresponding benefit j~ve1.. . ':~ . " Hourlv Waue Level Hourly Value of Vol un tar v Benefits (S) I ~ ,;;: ','.~:,> ',: , ,. ", " " . " " I; j Part.tillle (Exe!. benefits) Less than $7.00 $7.00 to $7.99 $8.00 to $9.99 . .\ $10.00 to $11.99 .. ' '. , ., $12.00 to $13,99 'I. fj 0 'I. () 0 if (J (J 3-bO 1(.00 1. DI) , '". $14.00 to $15.99 $16,00 to $17.99 $18.00 to $] 9.99 , \1 : ,1.)\ . ,,'.,.., '/ , . . I, / ,\ '. ' , ~., I , , $20.00 [0 $21.99 , ,'.. I - ~ $22.00 and high~r ~'raI-7/~ (-a, ~S~ y 0 .~ ~ tub hi Air +- /, ~ Pj !J G" JPdl"",..{ , (;J,... ~ / I f / ,~ B I '/1 7 fA I/-.J' At II,',. -h..J ( , . ..... . " '0 :''i ' ,\I :):', .... , . t; , . Monticello City HaU, 505 WlI1nut Stn:el, Suite J, Monticd.lo, MN 55362-8831 . (763) 295-2711 . Fax: (763) 295-4404 Office of Public Works. 909 Golf COllrllC Rd., Monticello, MN 55362. (763) 295-"I17(). 1:.."" 1-7~'" n_. ____ , ': ~ ~,' , ,',' 'I.'~~/'~ '. TOTAL P.02 II g, ". ~ t: . ,1\ I . " rtf' I,. I:'; ,,' .[' k~ f. :\ ", r' ' 1.1i I:.i. h til' r.,I'~ I. . .fl.:;:, ~~)~ rAl \ ~ ~ !<." i~:~;, 1./,\' . ~ :;;', 1..1, t:;;" i:;~~,; . ~ i ~ I.,.', ~:~' I, , r,}. \ \~~,: , ~ l':\~ f".,i.;. I',.,'.:' t., ~', '" :J,;' It I 1,'\ Fc,".';, ,r::"::;' " ~. \ . . . HRA Agenda - 02/02/05 7. Public Hearine: and consideration to approve. the Business Subsidy Ae:reement. a provision of the Contract for Private Redevelopment between the HRA. Tapper's Holdines LLC and Stratee:ic Equipment and Supplv Corporation. Consideration to adopt an Authorizine Resolution approvine: Contract for Private Redevelopment with Tapper's Holrlines LLC and awardine: the sale of. and providine the form. terms. covenants and directions for the issuance of its Tax Increment Revenue Note. A. Reference and back!!round: PUBLIC HEARING - BUSINESS SUBSIDY (OPEN AND CLOSE THE HEARING) Per Minnesota Statutory, prior to granting a business subsidy that exceeds $100,000 for a local government grantor, the grantor must provide public notice and hold a hearing on the subsidy. The law outlines eight elements that must be included in the business subsidy agreement plus job and wage level goals. Said public hearing notice appeared in the Monticello Times on January 20,2005. The TIF Cash Flow Estimates by Ehlers using a 6.2% interest rate over eight years generated $98,515 Net Present Value. Based on the project construction cost estimates and proposed rental rates, the project is very tight. Eligible TIF expenditures outweigh the tax increment generated. Additionally, the project will result in 40 new jobs for the City of Monticello. See Section 3.4., page 9-11. Business Subsidy Agreement, Contract for Private Redevelopment. AUTHORIZING RESOLUTION AND CONTRACT FOR PRIVATE REDEVELOPMENT The Contract for Private Redevelopment outlines the terms and conditions of the TIF assistance and the obligations of all parties to the Contract. The Contract was drafted by Steve Bubul and Julie Eddington, Kennedy & Graven, and a copy has been provided to the Redeveloper. Generally, the Contract is executed or agreed upon between the parties, prior to the City Council approving the establishment of the TIF District. Per the Contract, the HRA shall issue and the Redeveloper shall purchase a Note in the principal amount of $100,000 for site improvement costs. The Note shall be delivered upon the Redeveloper having submitted to the Authority written evidence that the Redeveloper has incurred and paid the costs of the site improvements in at least the principal amount of the Note. The Note shall bear an interest rate of 6.2% per annum until the earlier of maturity or prepayment. Principal and interest payments shall be made solely from I . . HRA Agenda - 02/02105 "Available Tax Increment", semi-annually, by the Authority to the Owner of the Note commencing August 1,2007, through February 1, 2015. The Redeveloper agrees to construct a 25,000 sq ft addition to an existing 60,000 sq ft warehouse/office facility located in the Oakwood Industrial Park. Job and wage level goals created by the Tenant are outlined in the Business Subsidy Agreement within the Contract. The construction of the minimum improvements shall commence by Juiy 30, 2005, with completion by December 31, 2005. The Council will be asked to approve the Business Subsidy Agreement within the Contract on February 28, 2005. The Authorizing Resolution approves the Contract for Private Redevelopment and its execution and delegates the Executive Director to determine the date the Note is delivered. The Redeveloper must provide a copy of the lease agreement, evidence of construction financing, evidence for "but for" test, proof of insurances, and approved construction plans prior to issuance of the building permit. B. Alternative Action: . 1. A motion to approve, the Business Subsidy Agreement, a provision of the Contract for Private Development between the HRA, Tapper's Holdings LLC, and Strategic Equipment and Supply Corporation. A motion to adopt an Authorizing Resolution approving the Contract for Private Redevelopment with Tapper's Holdings LLC and awarding the sale of, and providing the form, terms, covenants and directions for the issuance of its $100,000 Tax Increment Revenue Note, Series 2005. 2. A motion to deny approval of the Business Subsidy Agreement and the Contract for Private Redevelopment.. 3. A motion to table any action. C. Recommendation: The City Administrator and Executive Director recommend Alternative No.1 and suggested TIF assistance in the amount of$100,000. This rounds out the amount in dollars, the cash flow estimates do not include inflation, the finance method is pay-as- you-go, and job and wage goals. D. Supportinf.: Data. . 2 (161.164) and therefore requireS a pUOIIC neanng. Written and oral comments will be considered at the meeting, -Rick Wolfsteller, City Administrator (Jan. 13, 20,2004) . RESOLUTION NO. 2005-1 APPROVING SUMMARY PUBLICATION OF , ORDINANCE NO. 419 AND ORDINANCE NO. 420 WHEREAS, the City Council for the City of Monticello, Minnesota adopted a lengthy ordinance titled the "Cable Ordinance" establishing regulations governing cable service; and WHEREAS, the City Council has adopted a lengthy ordinance granting a 15-year cable franchise to CC VI\I Operating LLC d/b/a! Charter Communications authoriz- ing operation of a cable system and delivery of cable services in the City pursuant to the Cable Ordinance; and WHEREAS, as authorized by Minnesota Statutes, Section 412.191, subd. 4, the City Council has determined that publication of the title and summary of the ordi- nances will cleariy inform the public of the intent and effect of the ordinances; and WHEREAS, a printed copy of both ordinances is available for inspection during regular office hours in the office of the city clerk-administrator. NOW THEREFORE, BE IT RESOLVED that the following summaries of the ordi- nances are approved for publication: ' CITY OF MONTICELLO, MINNESOTA ORDINANCE NO. 419 The Cable Ordinance establishes certain regulations governing the delivery of cable service in the City to ensure that all cable providers are subject to compara- ble obligations and burdens. The Cable Ordinance generally sets forth the condi- tions for the delivery of cable service and requirements for cable franchises under Minnesota Statutes, Chapter 238. The ordinance is effective the day, after publica- tion. I s lr lat jrs CITY OF MONTICELLO, MINNESOTA ORDINANCE NO. 420 The Charter franchise ordinance grants a 15-year cable television franchise to CC VIII Operating LLC d/b/a! Charter Communications authorizing operation of a cable system and delivery of cable services in the City pursuant to the Cable Ordinance. The franchise ordinance authorizes Charter to use rights-of-way in the City to construct, operate and maintain a system to provide cable services, impos- es a franchise fee, and sets forth certain other agreements concerning operation of the system and delivery ot cable services. The franchise ordihance is effective upon acceptance by Charger. By Order of the City of Monticello, Minnesota -Clint Herbst, Mayor -Rick Wolfsteller, City Administrator (Jan. 20, 2005) ct- ~ss '.0. ess 19a1 mal allo, lat I .v"as der .;i NOTICE OF PUBLIC HEARING CITY OF MONTICELLO. MINNESOTA ' NOTICE IS HEREBY GIVEN that the Housing a[ld Redevelopment Authority in and for the City of Monticello, Minnesota, will hold a public hearing on Wednesday, February 2, 2005, 6:00 p.m. in the Bridge Room, 505 Walnut Street, Monticello, Minnesota, regarding a proposed business subsidy to be granted by the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota, to William R. and Barbara R. Tapper and Strategic Equipment and Supply Corporation (the "Recipients") under Minnesota Statutes" Sections. H6J.993_tO.J16J.994.. The pro- posed subsidy involves a tax increment finance pay-as-you-go note to assist with demolition and site improvement costs as part of the expansion of an existing man- ufacturing facility by the Recipients in the City. Information about the proposed business subsidy and a summary of the busi- ness subsidy agreement are available for inspection at City Hall during regular busi- ness hours. All interested persons may appear and be heard orally and in writing. -Ollie Koropchak, Housing & Redevelopment Authority Executive Director (January 20, 2005) :, that Imers Iduct- Idress a P.O. siness elegal litional 55369. I that I (jury as a under NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City of Monticello Planning Commission on February 1st. 2005 at 6:00 p.m., in the Monticello City Hall to consider the following matter: PUBLIC HEARING: Consideration of a request for an amendment to Conditional Use Permit for Development Stage Planned Unit Development and consideration of a revised Preliminary Plat for Carlisle Village, a 242 unit residen- tial subdivision. LOCATION: Plat of Carlisle Village, Mdnticello APPLICANT: Shadow Creek Corporation Written and oral testimony will be accepted on above subjects, and all persons desiring to be heard on referenced subjects will be heard at this meeting. Note: Decisions of the Planning commission will be subject to the approval or denial of the City Council and will be considered on Monday, February 28th, 2004 at 7 p.m., at the Monticello City Hall. -Fred Patch, Chief Zoning Official (Jan. 20, 27, 2005) lnticello ~ity Hall lrmit for I garage NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City of Monticello Planning Commission on February 1 st. 2005 at 6:00 p.rn., in the Monticello City Hall to consider the following matter: PUBLIC HEARING: Consideration of a request for an amendment to the Monticello Zoning Ordinance regarding the replacement of billboard signage. LOCATION: City of Monticello APPLICANT: City of Monticello Written and oral testimony will be accepted on above subjects, and all persons desiring to be heard on referenced subjects will be heard at this meeting. Note: Decisions o'f the Planning Commission will be subject to the approval or denial of the City Council and will be considered on Monday, February 28th, 2004 at 7 p.m., at the Monticello City Hall. -Fred patch,.9,hief Zoning Official . Lake . nd 10, '4, Lower 'ailable <It II persons pproval or ~8th, 2004 1: t( U T" r~ D. ni n 2~ (~ M. TOl and:: r C~ TIt 1 --- --- 6 . Second Draft January 27, 2005 CONTRACT FOR I'RIV A TE REDEVELOPMENT Between HOlJSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA . And TAPPER'S HOLDINGS LLC And STRATEGIC EQUIPMENT AND SUPPLY CORPORATION Dated as of: February _, 2005 This docwnent was drafted by: KENNEDY & GRA YEN, Chartered (JAE) 470 U.S. Bank Plaza Minneapolis, Minnesota 55402 (612) 337-9300 . http://www.keIIDcdy-graven.com 2:iR069(.1AL) MNI90-IIR . . . TABLE OF CONTENTS Page PREAMBLE ......................................................................................................................................... 1 ARTICLE I Definitions Section I. I. Definitions..................................................................................................................... 2 Section 2.1. Section 2.2. Section 2.3. Section 3.1. Section 3.2. Section 3.3 Section 3.4. Section 3.5. Section 3.6. Section 4.1 . Section 4.2. Section 4.3. Section 4.4. Section 5.1. Section 5.2. Section 6.] . Section 6.2. Section 6.3. 2SRO()')(.IAL) MNI')().IIR ARTICLE II Representations and Warranties Representations by the Authority................................................................................. 5 Representations and Warranties by the Redeveloper................................................... 5 Representations and Warranties by the Tenant ............................................................6 ARTICLE III Property Acquisition Status of Redevelopment Property............................................................................... 8 Environmental Conditions.......................... ...................... ,...........................................8 Financing Site lmprovements....................... ................................................................ 8 Business Subsidy Agreement............................................. ...... .................................... 9 Payment of Administrative Costs ...............................................................................1 ] Records....................................................................................................................... 12 ARTICLE IV Construction of Minimum Improvements Construction of Improvements............... ...... ...........,............. ........................... ..........12 Construction Plans ...... ............................ ...... ...... ....................... ................. ................12 Commencement and Completion of Construction ........ ............................................. ] 3 Certj ficate of Completion....................... ................................................................... .13 ARTICLE V Insurance Insurance .............. ....... ............................ .................. ....................... ........... .... .... ........16 S u bordi nation.............................................................................................................. 1 7 ARTICLE VI Tax Increment; Taxes Right to Collect Delinquent Taxes .............................................................................18 Review of Taxes ............................... ...... ...... ......... ......................... ................. ........ ...18 Covenant Not to Petition ............................................................................................] 8 . Section 7.1. Section 7.2. Section 7.3. Section 8.1. Section 8.2. Scction 8.3. Section 9.1. Section 9.2. Section 9.3. Section 9A. Section 9.5. . ARTICLE vn Other Financine (icnerally ..................................................................................................................... 19 Authority's Option to Cure Default on Mortgage ......................................................19 Modification; Subordination...................................... ................................................. 19 ARTICLE VIII Prohibitions Aeainst Assil!nment and Transfer; Indemnification Representation as to Development.......................................................................... ...20 Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement .......... ......... ....... ....... .............. ............ ..... ...... .... ....... .........20 Release and Indemnification Covenants.............................. ......................................21 ARTICLE IX Events of Default Events of Default Defined....................................................................................... ...23 Remedies on Default................................................................................................... 23 No Remedy Exclusive............................................................................................... .23 No Additional Waiver Implied by One Waiver........................................................24 Attorney Fees.............................................................................................................. 24 ARTICLE X Additional Provisions Section 10.1. Conflict oflnterests; Representatives Not Individually Liablc..................................25 Section 10.2. Equal Employment Opportunity............................................ .....................................25 Section 10.3. Restrictions on Use............. .................................... .................................................. ..25 Section lOA. Provisions Not Merged With Deed ............................................................................25 Section 10.5. Titles of Articles and Sections....................................................... .............................25 Section 10.6. Notices and Demands ................................................................................................. 25 Section 10.7. (~ounterparts............................................................................................................... .26 Section 10.8. Recording.................................................................................................................... 26 Section 10.9. Amendment......................... ........... ......... ........ ... .............. ......... .......... ........ .... ......... ...26 Section 10.1 O. Authority Approvals................................................................................................... 26 Section 10.11. Minnesota Law ...........................................................................................................26 TESTl M ONI lJM ........................................................................................... ................................... S~ I SIGNATlJRES ...... ................ ..................... ....... ................... ................... ......................................... S~ 1 SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D . :'SX()(,LJ(,I AF) MNI9()-IIX Redevelopment Property Authorizing Resolution Certificate of Completion Subordination Agreement 11 . . . CONTRACT FOR PRIV A TE REDEVELOPMENT THTS AGREEMENT, made as of the _ day of febmary, 2005, by and between the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota (the "Authority"), a public body corporate and politic under the laws of Minnesota, Tapper's Holdings LLC, a Mimlesota limited liability company (collectively, the "Redeveloper") and Strategic Equipment and Supply Corporation (the "Tenant"), a Delaware corporation. 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 Central Monticello Redevelopment Project NO.1 (the "Project") in an area (the "Project Area") located in the City and desires to creatc Tax Increment financing District No. 1-33 (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 (the "Act"); and WHEREAS, pursuant to the Act, the Authority is authorized to undertake certain activities to prepare such rcal 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 celiain site improvement costs, in order to bring about development in accordance with the Redevelopment Plan and this Agreement; 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 intcrcsts of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of thc applicable State and loeal laws and requirements wlder which the Project has been undertaken and is being assisted. NOW, TI-IEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them docs hereby covenant and agrce with the other as follows: [Remainder of page intentionally left blank.l 25X06LJ(JAL) MNILJO-IIX . . . ARTICLE I Definitions Section 1.1. Delinitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes Sections 469.001 to 469.047, as amended. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Housing and Redevelopment Authority Il1 and for the City of Monticello, Minnesota. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Authorizing Resolution" means the resolution of the Authority, substantially in the form of attached Schedule B to be adopted by the Authority to approve this Agreement and authorize the issuance of the Note. "A vailable 'fax Increment" has the meaning provided in the Authorizing Resolution. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Business Subsidy Act" means Minnesota Statutes, Section 116.1.994, as amended. "City" means the City of Monticello, Minnesota. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any pm1, parcel, or unit of the Redevelopmcnt Property, pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to bc per1e)Dlled by the Redeveloper on the Redevelopment Property which (a) shall he as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriatc building officials of the City, and (b) shall include at least the following for each huilding: (1) site plan; (2) fcmndation plan; (3) basement plans; (4) floor plan fen cach floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to thc foregoing plans as the Authority may reasonahly rcquest to allow it to ascertain the nature and quality of the proposed construction work. 25X069(JAL) MNI')O-IIX 2 . . . "CoLlnty" means Wright County, Minnesota. "Event of Default" means an aetion by the Redeveloper listed 111 Article IX of this Agreement. "Holder" means the owner of a Mortgage. "Maturity Date" means the later of (a) the date that the Note has heen paid in full or terminated in accordance with its terms, or (b) five years after suhstantial completion of the Minimum Improvements. "Minimum Improvements" means the construction on the Redevelopment Property of an approximately 25,000 square foot distribution facility, as an expansion of the existing distribution facility on that property. "Mortgage" means any mortgage made by the Redeveloper that is secured, in whole or in part, with the Redevclopment Property and that is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means a Tax Increment Revenue Note, substantially in the form contained in the Authorizing Resolution, to be delivered by the Authority to the Redeveloper in accordance with Section 3.3 hereof~ and any obligation issued to refund the Note. "Project" means the Central Monticello Redevelopment Project No. I. "Project Area" means the property within the Project, as described in the Pr~ject Plan. "Redeveloper" means Tapper's FIoldings LLC, a Minnesota limited liability company, or its permitted successors and assigns. "Redevelopment Plan" means thc Redevelopment Plan for the Project. "Redevelopment Property" mcans the real property described in Schedule A of this Agreement. "Site Improvements" means the demolition work, asphalt, curb work, and earthwork necessary for the construction by the Redeveloper of the Minimum Improvements. "State" means the state of Minnesota. "Tax Increment" means that portion of the real property taxes that is paid with respect to the Redevelopment Propeliy and that is remitted to the Authority as lax increment pursuant to the Tax Increment Act. 25XO('9(JAI-::) MNI90-IIX 3 . . . "Tax Increment Act" or "'rIF Act" means the Tax Increment Financing Act, Milmesota Statutes Sections 469.174 to 469.179, as amended. "Tax Increment District" or "TIF District" means Tax Increment Financing District No. 1- 33, an economic devclopment tax increment financing district crcated by the City and the Authority. "Tax Increment Plan" or "TIF Plan" means the Authority's 'fax Increment Financing Plan fur the TIF District, as approved on February 2, 2005, and as it may be amended. "Tax Official" means any County assessor, County auditor, County or State board of equalization, the commissioner ofrevenue of the State, or any State or federal district court, the tax court of the State, or the State Supreme Court. "Tcnant" mcans Strategic Equipmcnt and Supply Corporation, a Delaware corporation, or its permitted successors and assigns. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of 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 governmental unit (other than the Authority or City in exercising their rights under this Agreement), including without limitation condemnation or threat of condemnation of any portion of the Redevelopment Property, which directly result in delays. Unavoidable Delays shall not include delays experienced by the Redeveloper in obtaining permits or governmental approvals necessary to enable construction of the Minimum Improvements by the datcs such construction is rcquired under Section 4.3 of this Agreement, so long as the Construction Plans have been approved in accordance with Section 4.2 hereof. [Remainder of page intentionally left blank.] 25X069{JAE) MNIl)O-118 4 . ARTICLE II Representations and Warranties Section 2.1. Representations by the Authority. (a) The Authority is a housing and redevelopment authority duly organized and existing under the laws of the State. Under the provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority will use its best efforts to facilitate development of the Minimum Improvements, including but not limited to cooperating with the Redeveloper in obtaining nccessary administrative and land use approvals and construction financing pursuant to Section 7.1 hereof. (c) The Authority will issue the Note, subject to all the terms and conditions of this Agreement. (d) The actIvItIes of the Authority are undertaken for the purpose of fostering the redevelopment of certain real property that is underutilized, which will revitalize this portion of the Project Area, increase tax base, and increase employment opportunities. Section 2.2. Representations and Warranties bv the Redeveloper. The Redeveloper . represents and warrants that: (a) The Redcveloper is a limited liability company duly organized and in good standing under the laws ofthe State, is not in violation of any provisions of its articles of organization, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the exeeution, delivery, and performance of this Agreement. (b) If the conditions precedent to construction occur, the Redeveloper will construct 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 code and public health laws and regulations). (c) The Redeveloper will use reasonable efforts to secure all pem1its, licenses, and approvals necessary for construction of the Minimum Improvements. (d) The Redeveloper has received no noticc or communication from any local, state or federal official that the activities of the Redeveloper or the Authority in the Project Area may be or will be in violation of any envi ronmcntal law or regulation (other than those notices or communications of which the Authority is aware). The Redeveloper is aware of no facts the existence of which would cause it to be in violation of or give any person a valid claim under any local, statc or fcderal environmental law, regulation or revicw procedure. . 2:iX069(.1AE) MNI90-IIX 5 . (e) The Redeveloper will cause constmction of the Minimum Improvements 111 accordance with all local, state or federal energy-conservation laws or regulations. (1) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the ten11S and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach ot~ the tel111S, conditions or provisions of any corporate restriction or any evidcnces of indebtedness, agreement or instrument of whatever naturc to which the Redeveloper is now a party or hy which it is bound, or constitutes a default under any of thc Joregoing. (g) The Redeveloper has or will enter into a leasc with a tel111 of at least five years with the Tenant and pursuant to this lease, the Tenant will occupy the Minimwn Improvements. The Redeveloper will pay all property taxes owing on the Redevelopment Property. (h) The proposed development by the Redeveloper hereunder would not oceur but for the tax increment financing assistance being provided by the Authority hereunder. . (i) Whenever any Event of Default occurs and if the Authority shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement of performance or observance of any obligation or agreement on the part of the Redeveloper under this Agreemcnt, and the Authority prevails in such action, the Redeveloper agrees that it shall, within ten days of written demand by the Authority, pay to the Authority the rcasonable fees of such attorneys and such other expenses so incurred by the Authority. (j) The Redeveloper shall promptly advise Authority in wfltmg of all litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting thc Minimum Improvements or materially affecting the Rcdeveloper or its business which may delay or require changes in eonstruetion of the Minimum Improvements. (k) The Redeveloper did not obtain a building pel111it for any improvements to the Redevelopment Property prior to the date of approval of the TIF Plan. Section 2.3. Representations and Warranties by the Tenant. The Tenant represents and warrants that: (a) The Tenant is a corporation duly organized and in good standing under the laws of the State, is not in violation of any provisions of its articles of incorporation or bylaws, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized thc execution, delivery, and perJormance of this Agreement. - (b) Thc Tenant has or will enter into a lease with a term of at least five years with the Redeveloper and pursuant to this lease, the Tenant will occupy the Minimum Improvements. In return for favorable eonditions in the lease, the Tenant has agrced to comply with Section 3.4 hereof. - 2:i X ()6 'J(M E) MNI9()-II~ 6 . . . 25K069(JM-) MNI90-IIK (c) The Tenant will create the jobs at the wages required pursuant to Section 3.4 hereof. [Remainder of page intentionally left: blank.] 7 ARTICLE III . Propcrtv Acquisition Section 3.1. Status of Redevelopment Prope11v. As of the date of this Agreement, the Redeveloper has entered into a purchase agreement to acquire the Redevelopment Property (the "Purchase Agreement"). The Authority has no obligation to acquire the Redevelopment Property. . Section 3.2. Environmental Conditions. (a) For purposes of this Section, the following terms will have the indicated definitions. "Law or Regulation" means and includes the Comprehensive Enviromnental Response, Compensation and Liability Act ("CERCLA" or the Federal Superfund Act) as amended hy the Superfund Amendments and Reauthorization Act of 1986 ("SARA") 42 U.S.c. 999601-9675; the Federal Resource Conservation and Recovery Act of 1986 ("RCRA"); the Mimlesota Enviromnental Response and Liability Act ("MERLA") Minnesota Statutes, Chapter 115B; the Clean Water Act 33 U.S.C. 99 1321 et seq.; the Minnesota Petroleum Tank Release Cleanup Act, Minnesota Statutes, Chapter 115C; the Clean Air Act 42 U .S.c. 997401 et seq.; all as the same may be hom time to time amended and any other federal, state, county, municipal, local or other statute, law, ordinance or regulation which may relate to or deal with human health, hazardous suhstances or materials or the environment including without limitation all pursuant to any such statute, law or ordinance. "Hazardous Substance or Materials" means ashestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials, chemical waste radioactive materials, explosives, known carcinogens, petroleum products or other dangerous or toxic or hazardous pollutant, contaminant, chemical material or other substance defined as hazardous or as a pollutant or contaminant in, or the release or disposal of which is regulated by, any Law or Regulation. (b) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils or presence or absence of Hazardous Substance or Materials on the Redevelopment Property (including without limitation the Redevelopment Property) or the fitness of the Redevelopment Property for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property. (c) Without limiting its obligations under Section 8.3 of this Agreement the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their goveming body members, officers, and employees, from any claims or actions arising out of the presence, if any, of Hazardous Wastes and Materials existing on or in the Redevelopment Property. Nothing in this section will be construed to limit or affect any limitations on liability of the Authority under State or federal law, including without limitation Minnesota Statutes, Sections 466.04 and 604.02. Section 3.3. Financing of Site Improvements. (a) In order to make development of the Minimum Improvements financially feasible, the Authority will reimburse the Redeveloper for a portion of the cost of the Site Improvements constructed in accordance with Article IV hereof. To finance such reimbursement, the Authority shall issue and the Redeveloper shall purchase the Note in the principal amount of $100,000 in substantially the form set forth in the Authorizing . Resolution attached as Schedule B. The Authority and the Redeveloper agree that the 25XO(19(JAE) MN 190-11 X 8 . consideration from the Redeveloper for the purchase of the Note shall consist of the Redeveloper's payment of the costs of the Site lmprovemcnt in at least the principal amount of the Note. The Authority shall dcliver the Notc upon the Redevcloper's having submitted to the Authority written evidence, in a form satisfactory to the Authority that the Redeveloper has incurred and paid the costs of the Site Improvcment in at least the principal amount ofthe Note. (b) The Redevelopcr undcrstands and acknowledges that the Authority makes no reprcsentations or warranties regarding the amount of Available Tax Increment (as dcfined in the Notc), or that revenues pledged to the Note will be sufficient to pay the principal of the Note. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with thc TIF District or this Agreemcnt are for the benefit of the Authority, and are not intended as rcpresentations on which the Redeveloper may rely. Section 304. Business Subsidy Agreement. The provisions of this Section constitute the "business subsidy agreement" for the purposes of the Business Subsidy Act. (a) General Terms. The Rcdeveloper has or will entcr into a lease with a teD11 of at least five years with the Tenant and pursuant to this lease, thc Tenant will occupy the Minimum Improvemcnts. The Redeveloper will pay all property taxes owing on the Redevelopment Property. In return for favorable conditions in the lease, the Tcnant will provide the jobs and wages required by this Scction. The parties agrce and rcpresent to each other as follows: . (i) The subsidy provided to the Redcveloper consists of payments on the Note, which payments reprcsent a forgivable loan that is repayable by the Redcveloper in accordance with this Section. The Note is payable from a pClltion of the Tax Increments from the TIF District, an economic dcvelopment tax incrcment financing district. (ii) 'fhe public purposes of the subsidy are to provide employment opportunities and increase the tax base of the City and thc Statc. (iii) The goals for the subsidy are: to secure development of thc Minimum Improvements on the Redevelopment Property; to maintain such improvements as a distribution facility for the time period described in clause (vi) below; and to create the jobs and wage levels in accordancc with Section 3A(b) hereof. (iv) If the goals described in clause (iii) are not met, the Redeveloper must make the paymcnts to the Authority described in Section 3A(c). (v) The subsidy is needed to induce the Redeveloper to continue its business at this site, induce the Tenant to relocate its operations to this site, and to mitigate the cost of Site Improvements, all as dctemlincd by the Authority upon approval of the TIF Plan. . (vi) The Redeveloper must continue operation of thc Minimum Tmprovements as a distribution, warehousc or manufacturing facility (a "Qualified Facility") through the Maturity Date. The improvements will be a Qualified Facility as long as either (a) the Minimum Improvements are leased to the Tenant, who operates a distribution facility, (b) 2:i80(,l)(.IAF) MNIl)O-118 9 " any successor tenant leases the property and operates a distribution, warehouse or manufacturing business, or (c) the Redeveloper directly occupies the property as a distribution, warehouse or manufacturing business. During any period while the Minimum Improvements are vacant and not operated as a distribution, warehouse or manufacturing facility, the Minimum Improvements will not constitute a Qualified Facility, ...--. (vii) The Redeveloper does not have a parent corporation, (viii) In addition to the tax increment financing, the Redeveloper expects to receive a loan through the Monticello Economic Development Authority (the "ED A") in the cstimated amount of $200,000, This loan will also constitute a business subsidy under the Busincss Subsidy Act. Thc EDA and Redcveloper will enter into a separate business subsidy agreemcnt related to the loan. (ix) The fair market value of the subsidy provided to the Redeveloper IS $] 00,000, the principal amount of the Note. (b) Job and Wage Goals. Within two years after substantial completion of the Minimum Improvements (the "Compliance Date"), the Tcnant shall cause to be created at least 40 full~time equivalent jobs on the Redevelopment Property and shall cause the wages for all employees on the Redevelopment Property to be no less than amounts shown in the table below, exclusive of benefits, Full- Time Equivalent Jobs Hourly Wagc , 8 5 5 2 $12.00 $14,00 $16,00 $18,00 $20,00 $22.00 " :J 17 Jobs created by the Redeveloper or other tenants within the Minimum Improvcments will count toward the requiremcnts of this Section, Notwithstanding anything to the contrary herein, if thc wage and job goals described in this paragraph are met by the Compliance Datc, those goals are deemed satisfied despite the Redeveloper's continuing obligations under Sections 3A(a)(vi) and 3A(d). The Authority may, after a public hearing, extcnd the Compliance Date by up to one year, provided that nothing in this section wi II be construed to Jimi t the Authority's legislative discretion regarding this matter. (c) Remedies. If the Redeveloper fails to meet the goals described in Section 3 A(a)(iii), the Redeveloper shall repay to the Authority upon written demand from the Authority a "pro rata share" of the amount of any Note payments madc to the Redeveloper together with interest on that amount at the implicit price deflator as defined in Section 1161994, Subdivision 6 of the Business Subsidy Act accrued from the date of substantial completion of the Minimum Improvements to the date of payment. The teml "pro rata share" means percentages calculated as follows: ,-~--..... - - 25806l)(JAE) MNIl)O.IIX ]0 -.,''''.--.-' --'.~--- ,--~.. . (i) if the failure relates to the number ofjohs, the jobs required less the jobs created, divided by the jobs required; (ii) if the failure relates to wages, the number of jobs required less the number of jobs that meet the required wages, divided by the number of jobs required; (iii) if the failure relates to maintenance of the facility as a Qualified Facility in accordance with Section 3.4(a)(vi), 60 less the number of months of operation as a Qualified Facility (where any month in which the Qualified Facility is in operation for at least IS days constitutes a month of operation), commencing on the date of substantial completion and ending with the date the Qualified Facility ceases operation as detemlined by the Authority Representative, divided by 60; and (iv) if more than one of clauses (i) through (iii) apply, the sum of the applicable percentages, not to exceed 100%. Nothing in this Section shall he construed to limit the Authority's remedies under Article IX hereof. In addition to the remedy described in this Section and any other remedy availahle to the Authority for failure to meet the goals stated in Section 3.4(a)(iii), the Redeveloper agrees and understands that it may not a receive a business subsidy from the Authority or any grantor (as defincd in the Business Subsidy Act) for a period of five years from the date of the failure or until the Redeveloper satisfies its repayment obligation under this Section, whichever occurs first. . (d) Reports. Thc Redeveloper must submit to the Authority a written report regarding business suhsidy goals and results by no later than March I of each year, commencing March 1, 2006 and continuing until the later of (i) the date the goals stated Section 3.4(a)(iii) are met; (ii) 30 days after expiration of the period described in Section 3.4(a)(vi); or (iii) ifthe goals are not met, the date the subsidy is repaid in accordance with Section 3.4(c). The report must comply with Section 116J.994, Subdivision 7 of the Business Subsidy Act. 'I'he Authority will provide infornlation to the Redeveloper regarding the required forms. If the Redeveloper fails to timely file any report required under this Section, the Authority will mail the Redeveloper a warning within one week after the required filing date. If, after 14 days ofthe postmarked date ofthe warning, the Redeveloper fails to provide a report, the Redeveloper must pay to the Authority a penalty of $100 for each subsequent day until the report is filed. The maximum aggregate penalty payable under this Section is $1,000. (e) Nature of' Obligation. Thc parties agree and understand that the Tenant will lease the Minimum Improvements, operate a distribution facility, and create the jobs required under this Section. Nevertheless, the obligations under this Section are a joint and several liability of Redeveloper. Section 3.5. Pavment of Administrative Costs. TheR.edeveloper agrees that it will pay upon demand by the Authority, Administrative Costs (as hereafter defined). For the purposes of this Agreement. the term "Administrative Costs" means out-of-pockct costs incuned by the Authority and attributable to or incuncd in connection with the negotiation and preparation of this Agreement and other documents and agreements in cOJU1cction with the development contemplated hereundcr. . Out-of-pocket Administrative Costs shall he evidenced by invoices, statements, or other reasonable 2';X069(JAF) MNll)O-IIX 11 . . . written evidence of the costs incuned by the Authority. As of the date of this Agreement, the Redeveloper has deposited $7,500 with the Authority to be applied toward Administrative Costs. The amount hy which this deposit exceeds the Authority's actual Administrative Costs, if any, shall, upon demand by the Redeveloper, he returned to the Redeveloper, but no earlier than the date on which the Redeveloper receives a Ccrtifieate of Completion pursuant to Section 4.4 of this Agreement. As of the date of this Agreement, Administrative Costs are estimated to total approximately $10,000, but the Authority makes no warranty that actual Administrative Costs will not be more or less than this amount. This Seetion 3.5 shall survive any tem1ination of this Agreement for any reason. Section 3.6. Reeords. The Authority and its representatives shall have the right at all reasonable times alter reasonable notice to inspect, examine, and copy all books and records of the Redeveloper relating to the Minimum Improvements and the Redevelopment Property. lRemainder of page intentionally left blank.] 2~ 806')(J ^ F) MNI')O-118 ]2 . . . ARTICLE IV Construction of Minimum Improvements Section 4. I. Construction of Improvements. The Redeveloper agrees that it will construct or eause constmction of the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and that it will, during any pcriod while the Redeveloper retains ownership of any portion of the Minimum Improvements, operate and maintain, prcserve and keep the Minimum Improvements or cause the Minimum Improvements to he maintained, preserved and kept with the appurtenances and every part and parcel thcreo(in good repair and condition. Section 4.2. Construction Plans. (a) Before commencing constmction of the Minimmn Improvements, the Redeveloper shall submit to the Chief Building Official for the City (thc "Chief Building Official") Construction Plans for the Minimum Improvements. The Construction Plans shall provide for the construction of the Minimum Improvcments and shall be in conformity with this Agreement, the Redevelopment Plan, and all applicable State and local laws and regulations. 'fhe Chief Building Official, acting on behalf of the Authority, will approve the Construction Plans in writing if (i) the Construction Plans conform to all terms and conditions of this Agrecment; (ii) the Construction Plans conform to the goals and ol~jectives of the Redevelopment Plan; (iii) the Construction Plans confonn to all applicable federal, state and local laws, ordinances, rules, and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the Construetion Plans do not provide for expenditures in excess of the funds available to the Redeveloper for construction of the Minimum Improvements; and (vi) no Event of Dcfault has OCCUlTed. No approval by the Chief Building Omcial shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable fcderal, statc and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by thc Chief Building Official shall constitute a waiver of an Event of Default. If approval of the Construction Plans is requested by the Redeveloper in writing at the time of submission, such Construction Plans shall be deemed approved unless rejected in writing by the Chief Building Official, in whole or in part. Such rejections shall set forth in detail the reasons therefore, and shall be made within 20 days after the date of receipt of final plans from the Redeveloper. If the Chief Building Official rejects any Construction Plans in whole or in part, the Redeveloper shall submit new or cOlTccted Construction Plans within 20 days after written notitlcation to the Redeveloper of the rejcction. 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 Chief Building OiIicial. The Chief Building Official's approval shall not be unreasonably withheld. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructcd in accordance with said plans) comply to the Chief Building Official's satisfaction with the provisions of this Agreement relating thereto. T"he Redevelopcr hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the ChiC[ Building Official, on behalf of the Authority and/or any changes in the Construction Plans requested by the Chief Building OiTicial on behalf of the Authority. Neither the Authority, the City, nor any employee or official of the 2~806'J(JAF) MN190-118 13 . Authority or City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Chief Building Official on behalf of the Authority. (b) If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval hy the Chief Building Official, the Redeveloper shall submit the proposed change to the Chief Building Official for approval. For the purpose of this section, the term "material" means changes that increase or decrease construction costs by $100,000 or more. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Chief Building OHicial shall approve the proposed change and notify thc Redeveloper in writing of the approval. Such change in the Construction Plans shall, in cmy event, be deemed approved by the Chief Building Official unless rejected, in whole or in part, by written notice by the Chief Building OHicial to the Redcveloper, setting forth in detail the rcasons therefor. Such rejection shall be made within 10 days after receipt of the notice of such change. Approval of any such change in the Construction Plans will not be unreasonably withheld. . Section 4.3. Commenccment and Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by July 30, 2005. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by December 31, 2005. All work with respect to the MinimlUll Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Chief Building Official on behalf of the Authority. The Redeveloper agrees for itself, its successors, and assigns, and every successor in interest to the Redevelopment Property, or any part thereot~ that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until construction of the Minimum Improvements has been completed, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, but no more than monthly, as to the actual progress of the Redeveloper with respect to such construction Section 4.4. Certificate 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 Redeveloper to construct the Minimum Improvements (including the dates for beginning and completion thereof), the Authority Representative will furnish the Redeveloper with a Certificate shown as Schedule C. . (b) If the Authority Representative shall refuse or fail to provide any celiification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority Representative shalL within 30 days aftcr written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete thc Minimum Improvements in accordance with thc provisions of the Agreement, or is 25H069(.1AF) MNI90-IIS 14 . . . otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to ohtain such certification. (c) The construction the Minimum Improvements shall be deemed to he complcte upon a detennination by the Authority Represcntative that aU Minimum Improvemcnts on the Redevelopment Property have been substantially completed in accordance with approved Construction Plans. [Remainder of page intentionally left blank.] 25H()(/)(.IAF) MNI')()-IIX 15 . . . ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Fornl 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 n Completed Value Basis," in an amount equal to 1 00% of the principal amount of the Bonds, and with coverage available in nonreporting fonn on the so-called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations, and contractual liahility insurance) together with an Owner's Protective Liability Policy with limits against bodily injury and property damage of not less than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used). The Authority shall be listed as an additional insured on the policy; and (iii) Workers' compensation insurance, with statutory coverage, provided that the Redeveloper may be self-insured with respect to all or any part of its liability for workers' compensation. (b) Upon completion of construction of the Minimum Improvements and prior to the Maturity Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liahility insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or prope11y, in the minimum amount for each occurrence and [or each year of $1 ,000,000, and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self-insured with respect to all or any part of its liability for workers' compensation. 2:i~()69(J^1-:) MNI9()-IIX 16 . . . (c) A II insurance required in Article V of this Agreement shall be taken out and maintained in responsihle insurance companies selected by the Redeveloper that are authorized under the laws of the State to assumc the risks covered thereby. Upon request. the Redeveloper will deposit almually with the Authority policies evidencing all such insurance, or a cel1ificate or cel1ificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and thc Authority at least 30 days before the eancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof: having the coverage rcquired herein, in which event the Redevelopcr shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvcments or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimwll Improvements to substantially the samc or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of allY insurance relating to such damage received by the Redeveloper to the payment or rcimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are su11lcient to pay for the same. Any net proceeds remaining ailer completion of such repairs, construction, and restoration shall be the propcrty ofthc Redcvcloper. (e) In lieu of its obligation to reconstruct thc Minimum Improvements as set forth in this Section, the Redeveloper shall have the option of: (i) paying to the Authority an amount that, in the opinion of the Authority and its fiscal consultant, is su11lcient to payor redeem the outstanding principal and accrued interest on the Note, or (ii) so long as the Redeveloper is the owner of the Note, waiving its right to receive subsequent payments under the Note. (f) The Redcvclopcr and the Authority agrec that all of the insurance provisions set forth in this Article V shall terminate upon the termination of this Agreement. Section 5.2. Subordination. Notwithstanding anything to the contrary hcrein, the rights of the Authority with respcct to the receipt and application of any insurance proceeds shall, in all respccts, be subordinate and subject to the rights of any Holder un dcI' a Mortgage allowcd pursuant to Article VIl of this Agreement. 2:'iXOh9(JM':) MN190.11X 17 . . . ARTICLE VI Tax Increment; Taxes Section 6.1. Right to Collect Delinquent Taxes. The Redeveloper acknowledges that the Authority is providing substatltial aid and assistance in furtherance of the development through reimbursement of land acquisition costs. The Redevelopcr understands that thc Tax Increments pledged to payment on the Note are derived from real cstate taxes on the Redcvelopment PrOpetiy, which taxes must be promptly and timely paid. To that end, the Redeveloper agrees for itseH~ 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 assessee! against the Rcdevelopment Property and the Minimum Improvements. The Redevelopcr acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Redeveloper or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any sueh suit, the Authority shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 6.2. Review of Taxes. The Redeveloper agrees that prior to the Maturity Date it will not cause a reduction in the real propeliy taxes paid in respect of thc Redevelopment Property through: (A) willful destruction of the Redevelopment Propeliy or any part thereof; or (B) willful rcfusal to reconstruct damaged or destroyed property pursuant to Section 5.1 of this Agreement, except as provided in Section 5.1 (e), (C) subject to Section 6.3, apply for a deferral or abatement of propetiy tax on thc Redevelopment Propeliy pursuant to any law; or (D) conveyor transfcr or" allow conveyance or transfer of the Redevclopment Property to any entity that is exempt from payment of real property taxes under State law. Section 6.3. Covenant Not to Petition. Prior to the Maturity Date, the Redeveloper agrecs not to filc any petition or claim with any Tax Official, seeking to reduce the market value of the Redcvelopment Property and the Minimum Improvemcnts J()r ad valorem tax purposes helow a minimmn value of $2,621,900. Nothing in this section is intended to constitute a minimum assessment agreement within the meaning of Section 469.] 77, Subdivision 8 of the TIP Aet. However, failure by the Redeveloper to comply with this Section is an Event of Default under this Agreemcnt entitling the Authority to the rcmedies described in Article IX hereof. [Rcmainder of page intentionally left hlatTlcJ 2:iX06'-J(JAF) MNI90.IIX 18 . . . ARTICLE VII Other Financim:! Section 7.1. Generally. Before issuance of the Note, the Redeveloper shall submit to the Authority or provide access thereto for review by Authority staff, consultants, and agents, evidence reasonably satisfactory to the Authority that the Redeveloper has available funds, or commitments to obtain funds, whether in the nature of mortgage financing, equity, grants, loans, or other sources sufficient for paying the cost of the developing the Minimum Improvements, provided that any lender or grantor commitmcnts shall be subject only to such conditions as are normal and customary in the conm1erciallending industry. Section 7.2. Authority's Option to Cure Default on Mortgage. In the event that any portion of the Redeveloper's funds is provided through mortgage financing, and there occurs a default under any Mortgage authorized pursuant to this Article Vll of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default rcceived by the Redeveloper from thc holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on bchalf of the Redeveloper within such cure periods as arc available to the Rcdeveloper under the Mortgagc documcnts. Section 7.3. Modification; Subordination. If the Redeveloper requires mortgage financing for the development of the Minimum Improvements, the Authority agrees to subordinate its rights under this Agreement to the Holder of any Mortgage securing construction or pennanent iinancing, in accordance with the terms of a subordination agreement substantially in the f{mn attached as Schedule D, or such other form as the Authority approves. [Remainder of page intentionally left blank.] 25S06()(ME) MNI'iI.l-IIS 19 . . . ARTICLE VIII Prohihitions Aeainst Assienment and Transfer; Indemnification Section 8.1. Representation as to Development. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of development of the Redevelopment Property and not fc)r speculation in land holding. Seetion 8.2. Prohibition Against Redeveloper's Transfer of Property and Assigm11ent of Agreement. The Redeveloper represents and agrees that prior to issuance of a Certificate of Completion for all of the Minimum Improvements: (a) Except only by way of security for, and only for, thc purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to undertaking the redevelopment contemplated LInder this Agreement, and any other purpose authorized by this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or fonn of or with respect to this Agreement or the Redevelopment Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity whether or not related in any way to the Redeveloper (collectively, a "Transfer"), without the prior written approval of the Authority (whose approval will not be unreasonably withheld, subject to the standards described in paragraph (b) of this Section) unless the Redeveloper remains liable and bound by this Redevelopment Agreement in which event the Authority's approval is not required. Any such Transfer shall be subject to the provisions of this Agreement. For the purposes of this Agreement, the term Transfer does not include acquisition of a controlling interest in the Redeveloper by another entity or merger of the Redeveloper with another entity. The parties acknowledge that Redeveloper intends to lease the Minimum Improvements to the Tenant, which lease is hereby approved, provided that the Redeveloper remains obligated under this Agreement. (b) In the event the Redeveloper, upon Transfer of the Redevelopment Property or any portion thereof either before or after issuance of the final Certiiicate of Completion, seeks to be released from its obligations under this Redevelopment Agreement as to the portions of the Redevelopment Property that is transferred, the Authority shall be entitled to require, except as otherwise provided in the Agreemcnt, as conditions to any such release that: (i) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by thc Redeveloper as to the portion of the Redevelopmcnt Property to be transferred. (ii) Any proposed transferee, by instrument in wntll1g satisi~lctory to the Authority and in form recordable in the public land records of' Wright County, Minnesota, shall, for itself and its successors and assigns, and cxpressly for the benefit of the Authority, 2580W(JAF) MNI90-IIS 20 . have expressly assumed all of the obligations of the Redevcloper under this Agreement as to the pOliion of the Redevelopment Propeliy to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifieally provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Redevelopment Propeliy, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreemcnt that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer oC or change with respect to, ownership in the Redevelopment Property or any part thereof: or any interest therein, however eonsummated or occurring, and whether voluntary or involuntary, shall operate, legally, or praetically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Redevelopment Property that the Authority would have had, had there been no such transfer or change. In the absence of speeillc written agrcement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to thc Redevelopment Property, from any of its obligations with respect thereto. . (iii) Any and all instnnnents and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redevelopment Property governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. In the event the foregoing conditions are satislled then the Redeveloper shall be released from its obligation under this Agreement as to the portion of the Redevelopment Property that is transferred, assigned, or otherwise conveyed. After issuance of the Certifieate of Completion for the Minimum Improvements, the Developer may transfer or assign any portion of the Development Property or the Dcveloper's interest in this Agreement without the prior written consent of the Authority, provided that the transferce or assignee is bound by all the Developer's obligations hercunder. The Developer shall submit to the Authority written evidence of any such transfer or assignment, ineluding the transferee or assignee's express assumption of the Developer's obligations under this Agreement. If the Developer fails to provide such evidence of transfer and assumption, the Developer shall remam hound by all it obligations under this Agreement. . Section 8.3. Release and Indemnification Covenants. (a) Except for any willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of the Indcmnified Parties of their obligations under this Agreement, the Redeveloper releases from and covenants and agrees that the Authority, the City, and the governing body members, ofliccrs, agents, servants, and employees thereof (the "Indemnifi.ed Parties") shall not be liable f()r and agrces to indemnify and hold harmless 258069(.li\F) MNI'iO,llk 21 . the Indemnified Partics against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Redevelopment Property or the Minimum Improvements. (b) Except for ,my willful misrepresentation or any willful or wanton misconduct or negligence of the Indemnified Parties, and exccpt for any breach by any of the Indemnified Pat1ies of their obligations under this Agreement, the Redevelopcr agrees to protect and defend thc Indcmnificd Parties, now and forever, and further agrees to hold the aforesaid harnllcss from any elaim, demand, suit, action, or other proceeding whatsoever by any pcrson or entity whatsoever arising or purportedly arising from this Agrcement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance, and operation of the Redevelopment Property. (c) Except for any willful misrepresentation or any wilIful or wanton misconduct or negligence of the Indemnified Parties as hereinafter defined, and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of thcRedevelopcr or its officers, agents, servants, or employees or any other person who may be about the Redevelopment Property or Minimum Improvements. (d) All covenants, stipulations, promises, agrecments and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of such cntity and not of any governing body member, officer, agent, servant, or . employec of such entities in the individual capacity thereof. [Remainder of page intentionally left: blank.] . 25XOIi9(.1AL) MNI90-IIX 22 . . . ARTICLE IX Events of Default Section 9. I. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the telTIl "Event of Default" shall mean, whenever it is used in this Agreement, anyone or more of the following events, after the non-defaulting party provides 30 days written notice to the defaulting pm1y of the event, but only if the event has not been cured within said 30 days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within such 30-day period, provide assurances reasonably satisfactory to the pat1y providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failurc by the Redeveloper, Tenant or Authority to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or perfolTIled under this Agreement. (b) If, before issuance of the cer1ificate of completion for all the Minimum Improvements, the Redeveloper shall (i) file any petition in bankruptcy or f(Jr any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) make an assignment for bencfit of its creditors; or (iii) admit in writing its inability to pay its debts gencrally as they become due; or (iv) he adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Scetion 9.1 of this Agreement occurs, the Authority may: (a) Suspend its performance under the Agreement until it receives assurances that the defaulting party will cure its default and continue its performance under the Agreement. (b) Upon a default hy the Redeveloper, the Authority may terminate the Note and this Agreement. (c) Take whatever action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observm1ce of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remcdy Exclusive. No remcdy herein confened upon or reserved to any party is intendcd to be exclusive of any other available remedy or remedies. but each and cvery such remedy shall be cumulative and shall be in addition to every other remedy given under this 25XO(1()(.IAEj MNl'JI)-IIX ')" ~-) . . ...-.. ....... Agrcement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or powcr aeeruing upon any default shall impair any such right or power or shall be construed to be a waiver thereot~ but any such right and power may be exercised from time to time and as often as may be deemed expedient. To entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notiee, other than such notice as may be required in this Article IX. Seetion 9.4. No Additional Waiver Implied by One Waivcr. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other pat1y, sueh waiver shall be limited to the partieular breach so waived and shall not be deemed to waive any other concunent, previous or subsequent breach hereundcr. Section 9.5. Attorney Fees. Whenever any Event of Deiault occurs and if the Authority shall employ attol11cys or incur other expenses tor the colleetion of payments due or to become due or for the enforcemcnt of perflJrmance or observance of any obligation or agreement on thepart of the Redeveloper under this Agreement, the Redeveloper agrces that it shall, within ] 0 days of written demand by the Authority, pay to the Authority the reasonable fees of such attorneys and such other expenses so inculTed by the Authority. [Remainder of page intentionally leit blank.J 25X06<J(.I/\t:) MNI')()-IIX 24 . . . ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Representatives Not Individually Liable. The Authority and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority shall have any personal interest, direct or indirect, in the Agreement, nor shaH any such member, oiIicial, or employee participate in any dccision relating to the Agreement that affects his personal interests or the interests of any corporation, partnership, or association in which he, directly or indirectly, is intcrested. No member, official, or employee of the City or Authority shall be personally liable to the Redeveloper, or any successor in intercst, in the event of any default or breach by the Authority or tor any amount that may become due to the Redeveloper or successor or on any obligations under the tenns of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, few itself and its successors and assigns, agrees that during the construction of the Minimlilll Improvements provided Jar in the Agreement it will comply with all applicable federal, state, and local equal employment and non-discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Maturity Date, thc Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to the operation of the Minimum Improvemcnts as a distribution facility within the meaning of Section 469.176, Subdivision 4c, clauses (1), (2) and (7) ofthe TIF Act, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreemcnt are intended to or shall . be merged by reason of any deed transfening any interest in the Redevelopment Property and any such deed shaH not be deemed to aJfect or impair the provisions and covenants of this Agreement. Scction 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 party to the other shall be sufficiently given or delivcred if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the following addresses (or to such other addrcsses as either party may notify the other): :!:i g06'1(1 A L) MNI'10-118 25 . . ..-.. ...... To Redeveloper: Tapper's Holdings LLC Attn: William R. Tapper 3935 Walden Lane Wayzata, Minnesota 55391 To T cnant: Strategic Equipment and Supply Corporation Attn: To Authority: Housing and Redevelopment Authority in and for the City of Monticello Attn: Executive Director 505 Walnut Avenue, Suite 1 Monticello, Minnesota 55362 Section 10.7. Countcroarts. This Agrcement may be executed 111 any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Wright County recorder. The Redeveloper shall pay all costs for recording. The Redeveloper's obligations lmder this Agreement are covenants running with the land for the term of this Agreement enforceable by the Authority against the Redeveloper, its successor and assigns, and every successor in interest to the Redevelopment Property, or any part thcreof or any interest therein. Section 10.9 Amendment. This Agreement may be amended only hy written agreement approved hy the Authority and the Redeveloper. Section 10.10. Authority Approvals. Unless othelwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative, except that final approval of issuance of the Notc shall be made hy the Authority's board of commissioners. Section] 0.1]. Minnesota Law. This Agrecment will be construcd in accordance with the laws ofthc State, and any claim arising 1rom this Agrecmcnt will be adjudicated in the State. [Remainder of page intentionally left blank.] 2:i XO(,l)(J A E) MNI<){)-118 26 . . . IN WITNESS WHEREOF, the Authority, the Redeveloper, and the Tenant have caused this Agreemcnt to be duly executed by their duly authorized representatives as of the date iirst abovc written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO By Its Chairperson By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowlcdged before me this _. day of February, 2005 by _.-.-.~ and ___ ..~._ the Chairperson and Executive Director of the Housing and Redevelopmcnt Authority in and J(Jr the City of Monticello, on behalf of the Authority. Notary Public 25XO(,lJ(.lAF) MNI<JO-IIX S-1 . . . TAPPER'S HOLDINGS LLC as Redeveloper By By STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) 'rhe foregoing instrument was acknowledged before me this _ day of February, 2005, by Tapper' sHoldings LLC, a Minnesota limited liability company, on behalf of the Redeveloper. Notary Public 2 'ig()(,9(JAl) MNI'!O-li8 S-/ L" .i....- . . . STRATEGIC EQUIPMENT AND SUPPLY CORPORATION, as 'fenant By ~__ Its STATE OF MINNESCrrA ) ) SS. COUNTY OF WRIGHf ) The foregoing instrument was aeknowledged before me this _~..__ day of February, 2005, by __ ..' the of Strategic Equipment and Supply Corporation, a Delaware corporation, on behalf of the eorporation. Notary Public 2Sg06'!(.IM') MNI'!O-llg S-3 . . . SCHEDULE A REDEVELOPMENT PROPERTY PID # ]55-018-002120 Lot 12, Block 002, Oakwood Industrial Park, City of Monticello 25X06lJ(.IAI'j MNI'!O-IIX A-I . . . HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO RESOLlJTION NO. RESOLUTION APPROVING CONTRACT FOR PRIVATE REDEVELOPMENT WITH TAPPER'S HOLDINGS LLC AND A WARDING THE SALE OF, AND PROVIDING THE FORM, TERMS, COVENANTS AND DIRECTIONS FOR THE ISSUANCE OF ITS $100,000 TAX INCREMENT REVENlJE NOTE, SERIES 2005 BE IT RESOLVED BY the Board of Commissioners ("Board") of the Housing and Redevelopment Authority in and [-()r the City of Monticello, Minnesota (the "Authority") as follows: Section 1. Authorization; Award ofSaIc. 1.01. Authorization. The Authority and the City of Monticello have heretofore approved the establishment of its Tax Increment Financing District No. ] -33 (the "TIF District") within its Central Monticello Redevelopment Project No. 1 (the "Project"), and have adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. Pursuant to Minnesota Statutes, Section 469.178, the Authority is authorizcd to issuc and sell its bonds f(Jr the purpose of financing a portion of the site improvemcnt costs of the Development District. Such bonds are payable from all or any portion of revenues derived from thc TIF District and pledged to the payment of the bonds. The Authority hereby finds and deteffi1ines that it is in the best interests of the Authority that it issue and sell its $100,000 'rax Increment Revenue Note, Series 2005 (the "Note") for the purpose of financing certain sitc improvement costs of the Project. 1.02 Agreement Approved; Issuance, Sale, and Tcrms of the Note. The Authority hercby approves the Contract for Private Redevelopment (the "Agreement") between thc Authority, Tapper's Holdings LLC (the "Owner") and Strategic Equipment and Supply Corporation (the "Tenant"), and authorizes the Chairperson and Executive Director to execute such Agreement in substantially the form on file with thc City, subject to modifications that do not alter the substance of the transaction and are approved by such officials, provided that execution of the Agreement by such officials is conclusive evidence of their approval. The Authority hereby delegates to the Executive Director the determination of the date on which the Note is to be delivered, in accordance with Section 3.3 of the Agreement. Pursuant to the Agreement, the Note shall be sold to the Owner. The Note shall be dated the date of delivery thereof, and shall bear interest at the rate of 6.20% per annum to the earlier of maturity or prepayment. The Authority shall receive in exchange Jor the sale of the Note thc agreement of the Owner to pay the cost of site improvements as defined in the Agreement. 258646(.IAE) MN 190-11 8 . . . Section 2. Foml of Note. The Note shall be in substantially the following foml, with the blanks to be properly filled in and the principal amount and payment schedule adjLlsted as of the date of issue: UNITED STATE OF AMERICA STATE OF MINNESOTA COUNTY OF WRIGHT HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO No. R-1 $100,000 TAX INCREMENT' REVENUE NOTE SERIES 2005 Rate Date of Original Issue 6.20% The Housing and Redevelopment Authority in and for the City of Monticello ("Authority") for value received, certifies that it is indebted and hereby promises to pay to Tapper's Holdings LLC (the "Owner"), the principal sum of $100,000 and to pay interest thereon at the rate of 6.20% per annum, as and to the extent set forth herein. 1. Payments. Principal and interest ("Payments") shall be paid on AugLlst 11 2007 and cach February 1 and August 1 thereafter to and including February 1, 2015 ("Payment Dates") in the amounts and from the sources set forth in Section 3 herein. Payments are payable by mail to the address of the Owner or sLlch other address as the Owner may designate upon 30 days written notice to the Authority. Payments on this Note are payable in any eo in or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein shall accrue on the unpaid principal, commencing on the date of original issue. Interest shall be computed on the basis of a year ()f 360 days and charged [(lr actual days principal is unpaid. 3. Available Tax Increment: Available Authority Funds. Paymcnts on this Note are payablc on each Payment Date solely from and in the amount of "Available Tax Increment," which shall mean, on each Payment Date, 95% of the Tax Increment attributable to the Redevelopment Property and paid to the Authority by Wright County in the six months preceding the Payment Date, all as such terms are delined in the Contract for Private Redevelopment between the Authority and Tapper's Holdings LLC, a Minnesota limited liability company (the "Redeveloper") dated as of February _.,2005 (the "Agreement"). 258646(JAE) MN 190- ] 18 . The Authority shall have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Increment and the failure of the Authority to pay the entire amount of principal or interest on this Note on any Payment Date shall not constitute a default hereunder as long as the Authority pays principal and interest hereon to the extent of Available Tax Increment. The Authority shall have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final Payment on February 1, 2015. . . 4. Default. If on any Payment Date there has occurred and is continuing any Event of Default under the Agreement, the Authority may withhold fOi-om payments hereunder under all Available Tax Increment. If thc Event of Default is thereafter curcd in accordance with the Agreemcnt, the Available T'ax Increment witWleld under this Section shall bc deferred and paid, without interest thcreon, on the next Payment Date after the Event of Default is cured. If the Event of Default is not timely cured, the Authority may terminate this Note by written notice to the Owner in accordancc with thc Agreemcnt. 5. Optional Prepayment. The principal sum and all accrued interest payable undcr this Note is prepayable in whole or in part at any time by the Authority without prcmimn or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise requircd to be made undcr this Notc. 6. Naturc of Obligation. This Note is one of an issuc in the total principal amount of $100,000, issued to aid in financing certain site improvement costs and administrative costs of a Project undertakcn by the Authority pursuant to Minnesota Statutes, Sections 469.0()1 through 469.047, and is issued pursuant to an authorizing resolution (the "Resolution") duly adopted by the Authority on February 2, 2005, and pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutcs, Sections 469.174 to 469.179. This Note is a limited obligation of the Authority which is payable solely lI-om Available Tax Increment pledged to thc payment hereof under the Resolution. This Note and the interest hereon shall not be deemed to constitute a general obligation of thc State of Minnesota or any political subdivision thereof~including, without limitation, the Authority. Neithcr the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this Note or other costs incident hercto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or othcr costs incident hereto. 7. Registration and Transfer. This Note is issuable only as a fully registered note without coupons. As provided in the Resolution, and su~ject to certain limitations set forth therein, this Note is transferablc upon the books of the Authority kcpt for that purpose at the principal office of the City Finance Director, by the Owner hereof in person or by such Owner's attomey duly authorized in writing, upon surrender of this Note togethcr with a written instrument of transfer satisfactory to the Authority, duly executed by the Owncr. Upon such transfer or exchange and the payment by the Owner of any tax, fee, or govcl1llnental charge required to be paid by thc Authority . with respect to such transfer or exchange, there will be issued in the name of the transfcree a ncw Notc of the same aggregate principal amount, hcaring intercst at the samc rate and maturing on the same dates. :25R646(JAC) MN ] 90-1 18 . . . This Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner, unless the Authority has been provided with an opinion of counselor a certificate of the transferor, in a form satisfaetory to the Authority, that such transfer is exempt ifom registration and prospectus delivery requirements of federal and applicable state securities laws. IT IS IJEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minncsota to be done, to exist, to happen, and to be performcdin order to make this Note a valid and binding limitcd obligation of the Authority according to its tcmls, have been done, do exist, have happened, and have been performed in duc f(mn, time and manner as so required. IN WITNESS WHEREOF, the Board of Commissioners of the /loLlsing and Redevelopment Authority in and for the City of Monticello have caused this Note to be executed with the manual signatures of its Chairperson and Executive Director, all as of the Date of Original IssLle speeiJied above. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO Executive Director Chairperson REGISTRA nON PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Finance Director, in the name of the person last listed helow. Date of Registration Registered Owners. Signature of City Finance Director Tappcr's Holdings LLe FederalID No. Section 3. Tenns, Execution and Delivery. 3.01. Denomination, Payment. The Notc shall be issucd as a single typewritten note numbered H.-I. The Note shall be issuable only in fully registered lonn. Principal of and interest on the Note shall be payable by check or draft issued by the Rcgistrar described herein. 258646(JAE) MN ] 90- J ] 8 . 3.02. Payment Dates. Principal of and interest on the Note shall bc payable by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding the Payment Date, whether or not such day is a business day. 3.03. Registration. The Authority hereby appoints the City Finance Director to perfonn the functions of registrar, transfer agent and paying agent (the "Registrar"). The effect of registration and the rights and duties of the Authority and the Rcgistrar with respect thereto shall be as f()Uows: (a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall provide for the registration of owncrship of the Note and the registration of transfers and exchanges of thc Note. . (b) Transfer of Note. Upon surrender for transfer of the Note duly endorsed by the rcgistered owner thereof or accompanied by a written instrument of transfer, in form reasonably satisfiiCtory to the Registrar, duly executed by the rcgistered owner thercof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the namc of the designated transferee or transferees, a new Note of a like aggrcgate principal amount and maturity, as requested by the transferor. Notwithstanding the foregoing, the Note shall not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the Authority has been provided with an opinion of counsel or a certificate of the transferor, in a form satisfactory to the Authority, that such transfer is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. The Rcgistrar may close the books for registration of any transfer aftcr the fifteenth day of the month preceding each Paymcnt Date and until such Payment Date. (c) Cancellation. The Note surrendered upon any transfer shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the Authority. (d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Note or separate instrument of transfer is legally authorized. The Registrar shall ineur no liability f(lr its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (e) Persons Decmed Owners. The Authority and the Registrar may treat the person in whose name the Note is at any time registered in the bond register as the absolute owner of the Notc, whethcr thc Note shall be overdue or not, for the purpose of receiving payment ot~ or on account of, the principal of and interest on such Note and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisJy and discharge the liability of the Authority upon such Note to the extent of thc sum or sums so paid. . . 258646(JAE) M N /90- I I 8 . (f) Taxes. Fees and Charges. For every transfer or exchange of the Note, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, tee, or other govemmentaJ charge required to be paid with respeet to sLlch transfer or exchange. (g) Mutilated. Lost Stolen or Destroyed Note. In case any Note shaUbecome mutilated or be lost, stolen, or destroyed, thc Registrar shall deliver a new Note of like amount, maturity dates and tenor in exchange and substitution for and upon cancellation of such mutilated Note or in lieu of and in substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case the Note lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Note was lost, stolen, or destroyed, and of the ownership thcreof~ and upon fumishing to the Registrar of ~U1 appropriate bond or indcmnity in form, substance, and amount satisfactory to it, in which both the Authority and the Registrar shall be namcd as obligees. The Note so surrendcred to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost, stolen, or destroyed Note has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Note prior to payment. 3.04. Preparation and Delivery. The Note shall bc prepared under the direction of the Executive Director and shall be cxecuted on behalf of the Authority by the signatures of its Chairperson and Executive Director. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such oflicer had remained in office until delivcry. When the Note has been so executed, it shall be delivered by the Executive Director to the Owner . thereof in accordance with the Agreement. Section 4. Security Provisions. 4.01. Pledge. The Authority hereby pledges to the payment of the principal or and interest on the Note all Available 'fax Increment as defined in the Note. 4.02. Bond Fund. Until the date the Note is no longer outstanding and no principal thereof or interest thereon (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall maintain a scparate and special "Bond Fund" to be used for no purpose other than the payment of thc principal of and intercst on the Note. The Authority irrcvocably agrees to appropriate to the Bond Fund in each year Available Tax Increment. Any Available Tax Increment remaining in the Bond Fund shall be transferrcd to the Authority's account for the TIP District, and any Available Authority Funds shall be transferred to any Authority account as directed by the Executive Director, upon the payment of all principal and interest to be paid with respect to the Note. . 258646(JAE) MN 190-1 J 8 . . . Section 5. Certification of Proceedings. 5.01. Ccrtification of Proceedings. The officers of the Authority ffi'e hercby authorized and directcd to prepare and fumish to the Owner of the Note certiJied copics of all proceedings and records of the Authority, and sueh other affidavits, certificates, and infc)m1ation as may be required to show the facts relating to the legality and marketability of the Note as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall be deemed representations of the Authority as to the facts recited therein. Section 6. Agreement. Effective Date. This resolution shall he effective upon full execution of the 258646(JAE) MN]90-1 ]& . . . 1/26/2005 Page 1 of .2 f) EHLERS William R. and Barbara R. Tapper CITY OF MONTICELLO, Strategic Equipment & Supply Corporation l5.000 sqlft Addition to Existing Industrial Building. TIF District #33 c-~----------I..17~mASH ~LOw ASSUMPll<;>NS Oistrlct Type New Economic Development District Distriet Number 33 Ir')fIation Rate - Ev@ryYear 0.0000% Pay-As-You-Go Inlere:st Rate 6.20on=yo Note Issued Dale (Present Value Date) 01~Aug-05 LOl;al Tax Ri'lte. Maximum 121.99GO% Pay .2005 Proposed 1=iscal Disparities EJecfion (A-inside or 8-outside) NJA Year District was certified Pay 2005 Assumes f=irst Tax increment t=or Disll'ict .2007 Year District was modified N/A Development located in modified area No Assumes First Tax Increment for Project 2007 Years ofT ax Increment 8 Assumes Last Year of Tax Increment 2014 Fiscal Disparities Ralio Fi!iical Dispi:lrities Metro Wide Tax Rate Local Tax Rale . Current Slate Wide FJropeny Ti;ll( Rate (used for toti'll taxes) Market Value Tax Rate (lJSe~ for total taxes) o.oooo'}', 0.0000% 121.9960%. Pay 2005 F'roposed 54.1090% Pay 2004 0.0527% Pay 2004 Commercial Industrial Class Rate First 150,000 aileI' 150,000 Rental Class Rate Residentl;ll Class Rate First 500,000 Over 500,000 E~- 1,50%_2.00% 1.50% 2.00% 1.25% 1.00'%-1.25% 1.00% .~_, 1.25% ,. .--~~.~3 ~- . .. '.~~m"",~,~.... . ..-~ .'-~'-"~~'~'~"~~-'.~"~'~'-'---------.~~~:!iRiI;te "~'~-,. Proporty Land Building Totill Clu:!i Ball!ie After Convel"!ilon Date ~~-,.~.I'p"_..,~~~_~,,.., Market_,~~~iirnet V:..~'::'~,~ket Valll~!,e~~.~apacity,. ".ConvQrsi~~a.PElcity mP.,.yab/@ . .,~---.!...._~.~,8-00212~ ThIlH~nIjQWC"rn~,~_~~J,~,~~..!~,_,.,~9~~,~~. 36,6ae~~~.?OO% ''', 36,688_._..~9.?_ _Tot~~.___________ _____ --_______1,871~______~8.8~_.._____~8_8____ __ ~~'.-----::--''------'---~---~'"~---~'--PROJEci'INFORMATlON' .... ..... ....... --,---.,---,----------;---.- ~ .",,~.~,~.. '~"-----------rot~-' Marketv~"'Ta;;;per"~'~'. Mar1<8t Clas& "'~ Project Year Date ' .. Ph.. ~.. ....~. .!t.e...._. .~.q. Ft.I..lJ.,...~.. S, q. Ft./U"i~,~,.~. t./un..lts "'._. Ta.-."------. es ,_ V.al.ue '~.. . R.iI;,!~. .'. cap.. a. City,..,.cons. tl"Uc...~_ed ". pa.y. ~bl@. 1 Industrial 25,000 30,00 $3,70 92.406 2,621,900 1,50%.2.00% 51,668 20015 2007 TOTA~~-=-=- -----===---=:-----=--~__ 92-.406 . . 2,62.1,900.-----::-.-51,688~_____:__ , Note: .1. T~Jj( ~!tirn;Jtt~5 ~re ba:!;lcd On rnark~t v<ll~le. .2. TIF nm ~~.!.'.ume5 100~;l 01 the building is eom;tri.lC"tl:!~ by January 2. 2006 for payable- 2007. ~~------.,-.-. ~ _.~ Total Local Fi5CIIIII Use Tax TaJ{ Disparities CSfI,acity " qapacity ._.~~Elpacity. -..'"~'."I ,~ -5.1:."'.~ ......_. ,,,.~._ TOTAL 51.~_.~1,~~_.O TAX CALCULATIONS Local Fist:al State-wide Tax Disparities Property Rate Tax Rate Till( Rate 1.21996 "0.00000 0_5ii09 ..i-219~~__fooooo -- D.5~.1D9 Ff5cal State-wide Marl(et Local Di!lparltie~ Ptoperty Value Taxes .",----.!~,~e.~_", Taxes Taxes 6M57 0 :17,968 1.3", _ G3~057 .' 0 ._".- 27..968 _~ Total Taxe5 92.406 92.406" , Not~: 1, MonUcello e;!<)(!S not p~y Fj5cill tl!!;.p;.'lritil:~.~' Prepared by Ehler,:!; Ttf Cashflow 1-14-05 lNitl18 years 1/26/2005 ~..ge 2 of 2 . . EHLERS ( < "" <, ~ ," CITY OF MONTlCI:LLO" STRATEGIC EQUIPMENT & SUPPLY CORPORATION .~."----::---'""""'~'~~. .---".!.AX iNGREI!lE/,ITGASH FLOI'!(._.. "... '""i~.. ~-----...:......,.- ~-- Ba~e Project Fiscal C~ptured Semi-Annual State Actmin. Seml-Annual S~mi.Annual PAYMENT DATE PERIOD BEGINNING Tax Tax Disparities Tax Gross Tax Auditor at Net Tax Present PERIOD ENDING Yr~:.~,,,~~,.~,c::~_ Redu..~,~,,__ C..paCj~~.lncremen.t,_".,Q~.,~.a(~r_~~,.~. Yrs. Mtll. Yr. 0.0 02-01 2005 36,688 36,088 0-0----- 08- 0 1 ... 2005" 0.0 08-01 2005 36.688 36.688 0 Prl!:!,sent Value Date - 8-01-05 0 0 0 0 0.0 0,-01 2006 0.0 0,-01 2006 36,688 36,088 0 0 0 0 0 0 0 0.0 08.01 ,006 0.0 08-01 2006 36,688 36.688 0 0 0 0 0 0 0 0.0 02-01 2007 OiO 02.01 2007 38,688 61,688 0 15,000 9,150 (33) (456) 8,661 7,665 0.5 08-01 2007 0.5 08-01 2007 36,088 51,688 0 15,000 9,150 (33) (456) 8,661 15,100 1.0 02-01 2008 1.0 0,"01 ,008 36.688 51.688 0 15.000 S,150 (33) (456) 8,661 22,311 15 08-01 2008 1.5 08-01 2008 36,68S 51,688 0 15,000 9,150 (33) (456) 8,661 29.306 2.0 02-01 200s 20 02-01 2009 36,688 51,688 0 15,000 9,150 (33) (456) 8,661 36,aSO 2.5 08.01 2009 25 08-01 2009 36.688 51 ,688 0 10,000 9,150 (33) (456) 8,661 42,670 3.0 0,.01 2010 3.0 02-01 2010 36.688 51,688 0 15,000 9,150 (33) (456) B,B61 49,052 3.5 08-01 2010 3.5 08-01 2010 3B,688 51,"88 0 15,000 9,150 (33) (456) 8,661 55,243 4.0 02-01 2011 4.0 02-01 2011 36.688 51,6B8 0 15,000 9,150 (33) (456) 8,661 61,247 4.5 08-01 20.11 4.5 08-0' 2011 36.688 51,6B8 0 15,000 9,150 (33) (456) 8,661 67,071 5.0 02-01 2012 0.0 02.01 2012 36,68B 51,68B 0 15,000 9,150 (33) (456) 8,661 72,719 5.5 08-01 2012 5.5 08.01 ,012 36,688 51,688 0 15,000 9,150 (33) (456) 8,661 7B,198 6.0 02-01 2013 6.0 0,-01 2013 36,688 51,68B 0 15,000 9,150 (33) (456) 8,661 83,812 6.5 08-01 2013 6.5 OB-Ol 2013 36,68S 51,68B 0 15,000 9,150 (33) (456) 8,661 88,667 7.0 02-01 2014 7.0 02-01 2014 36,688 51,688 0 15,000 9,150 (33) (456) 8,661 93,666 7.5 08-01 2014 7.5 08.01 ...~.~~"~.~~__..~_!,~,Q90_~.._~ -,,----.illL_~~~~ja,515 ~._~0'______JOI5 -----.-..----I!>~~----____146.J95.__.~...~L._~5~. --_.""_."'.,_...y,~ P-""entV"ueDate -a-ll1-0~.____._,_. ---..-----'.Q7.~..___(3~1~. ._,,~~15 .'-'.,-.- Note~ "I. State Auditor p.i.Ynle:nt j:';. b.1sed on 1s: h<itf. pJ.y l0041.1.ctuiil ;;lnd niiilY il1crc<lse over t~tl"l1 of c;liMrkt 2:. A!ii$lIt"r'les d~V(i~l(}PIT1ent i~ Confi\t"'lJct~d in 2005, as~.e5sed in:t:006 and first inCrl~tiHmt is P<"'Jid in 2'007. 'I Amount of Increment wil! \I..HY d~~p~riding UpOri rn~(ket value. lax r~He~, clas!;. n:W~s, construc.tion schedLlIt~ "nd inflation on market value, 4, JnllJtion on tax r~W~ cannot be C;.,1ptu~d ,. TAX ~ATES COULD Dr~CUNE 5. TlF do!!!> not c~lplure sliiltE! wide pf"(m€H1y taxes Or 'narket value prop~!riy WX(?!i. IJ, t\ssumes inflationary irlCnmKHlt In 1006, . How T:I\: IIIUCI1!!',~lt is ("jllt.',I,IIIIICI '1'/11:11 rr"')CI'I~'TlIxe,~ Ics,~ Stille Tax Ics,~ Murkcf YIIIIIC '.':1\ Ic,~s f:\.istine Tuxes Al1nl.l;11 Tit\. In('rl'nlcnt FilllUlt:inC n.-UJ6 -27.%:-1 .I.JHI .:..:H~ [stinMlc 1~.19IJ k~~ lIny :Ulllli,l. fC(~:I: aUT I FORANALYSI$ Current Mark~t Value - E~l New Mi:lr'kel Value, bt Oifferenc~ I-'fe~cnt Value {if TilX InC.1e~'r'Ioent Oifferer1{:~ Value likely tn Q:;clIr WlttKlul Tax InC.1~r~nt is Less Th<ln 1,871,900 ~.,,~93.80D 2,6;1,900 _~15 2,~n,385 2,523,3liI5 . Prep;ir~d by Ehler,; TIf= COI$hflow 1-14-05 with e years . , /l VI r <.,^ o U ~ - ....- p do ,~ ....) -- UJ . ci ..5 c: o ~ ~& a-g lJJ 8~ ~ "eo lOe.. . ~~ 1J ~ . .. u, ZUII'J tS!111 al '" U E' u ~ . 4.~ct o V"'- c! -: 6' r5 /' ;;. IQ~~j~~~moMO~M~~M~Q ~~V~NOm~m.~~.~~~~~ O~O~~~~deddd~d~d~~ ~~~~~~~~w~w~ww~~~~~ ~ 888888888888888888 ~~g8~~!~~~~~~~~~~~ . .~ - - - . ~ - . - - - . - - - . C~~~~MN;~a~~~~~~~~; =~~~~~~~ ~ ~ ~~~w Q Ww "I> ~ oooooooo~oooooocoo QOQOOQO~QQQOQOQooo ! e d rC c:.i 0 ,0 ci ".: r:i e .0 ei ei e .0 e e: e; g~~g~g~~g~~g~~g~gg ~~ ~J~~ N~~Jdrll~~. =~~ ~~N~ a~ ~~~ "~~ c..... iIIIo.i<A__ _ , ytIt:~ ::l ...... ... (") g II) N .II ~ -"''''~ ~ ~~~~====~.~v~~==~~= ~~g~~~~~~~~~~~~~-~ 't en .. '" Q ~ ~ ~ lJ II = a t! ., ~ ~ 'E .;:il ~ g ~JI .g li I!~ ~"" :3 e-i"'" ........e Sf 'O~~3&81 =u~ ~ ~~~3u-~~- ~~e i;~ iide~!g~g~2u~~i ~O~ ~eQalu€~Q~~~u~~ f =ea~~Q3~OS2~~g~M~Ee o o~:d~&~ze~O~~~UWI~~ ~d Wd~~:S0 S00G L0 'UP[ 9[8[ 6L~ [9L: 'ON X~~ "Ii"N....CO,... Q "'!<=!<q"'!\'If "l ~:;;~~~ ~ 8~a~2 '" Q;I ..;ri"':lti-i N MN-(O,..... ... Ql~~....CD ~ o~~...-_- .. l:t:;;: V; l;;.: ~ ..... .... w OR ~~ ,...... ~ cij !!! ~ iil..~ 8 -5aa oJ3~E... rl:1;~~<;;: 1 !~ 8 ~ 011-- I,'tJ -'e~:!~ ~.,Q>CDt: 8~~~g ," ~ o (J ...J 6 I-'- . . . ".~...) ..,1' ,...... ,,~ ,~.w..~,. ;':\~ "--'.'~"c'~',:~. OroN~NlOLOSLOS~ OOOON<O\OO<OO. ON~N~""I'-Ol'--VO o'aim"waicOMwai,..,"vt O~'<T~WWWWWW N~~~- -----_ ~~--- lO .... '" Q) >- OroNVNlOLOSiOS:;: OOOON\O\OO\OO. OC'\i.........~,...("")t--..ot'--.""'"o 6 ai m- w ai \0- ri aj ~- .n vt OT'""V"'i"'""f1C)~~tlI9-'!"'""~ C'\J"t-ER-~- -"--~___ fI)oe-- --- '<T ro Q) >- ocoR;;N&OG'8LOo~ OOOON\O\OO\OO. ON~N~""I'-OI'--vO o'aiai<o"aicOrio'MI'--vt ~::zt;;;.~~~~;;~ EAo'!!!:.-- __ ,.., ro ~ 8~~~~~:2g:2~~ O~NN~NI'-OI'--vO o'.n"":waiNMN.n,..,"vt ~:::~;;~;;e;;~e we~~ ~~ N .... '" ~ ONr;-:;;-O~G'OLOW~ ONcoowm\Oo\oN. ON""N ~I'-Ol'-'<TO o''':.nw I'--,..,-..,fl'-"aiw O-r-'Il:t.,...... NfA.___,...~ N......~w ~-~M- ~~-- -- ro Q) >- ro Q) >. >. ..0 '" '(jj >. (ij c:: '" ]j e ~ Cl l: :2 .S ell Q) Cl '" ,g' f- o Cl W Ee~z "C:2""O ~ 'S ~ ......0 G'/U!:!:: -0 .s f- Q) Cl '" ~ .5 j? Q):.c'Qt: '" '" c::.2 ~ '0 .9 ii 555-g E:e~g> "m.&..l!!'O 5-0 c:~ _:-E2 ~..o 5i:g5i~~ 0::<(0::f-f- f- wWf- (l)zu. ~~a 0.1-(1) x 0;:'" WI-~ o :::!. l- lL o 0:: a. Q) Q) u. ~~ <( e OlD . Lynne Dahl.. Fleming Address: P.O. Box 1075 113 Locust Street Monticello, MN 55362 Email: Lynne@ DesignforPrint.com Website: www.DesignforPrint.com CUSTOiViER n\~V,OjCE Today's date: January 24, 2005 DUE UPON BECEIPT Attn: Ollie Koropchak City of Monticello - HRA 505 Walnut Street #1 Monticello, MN 55362 CREATIVE SERVICES: Billed at $75 per hour rr ~ Transformation Home Loan Brochure: ". ~ ~ < (Oty. 2 hours) ';:-..v ~~... Initial rough draft of brochure for 1 st HRA meeting ~ '" . . ~ Err . (Qty. 1 hour) ~ ~ 4. / Additional design/layout after rough draft 75.00 oF."" rP~ Sub-total on creative $225.00 '^-. 4; ~ , '5"50. $150.00 PRINTING: (Oty. 500) Billed at $65 per toO 4-panel brochure, full color, 2-sides, folded $325.00 Sub-total on print: $325.00 6.5% MN state sales tax: Tax Exempt WEBSITE SERVICES: www.Monticelloland.com Initial d~n search ~nd r~~istration for one year . $50.~ \ot .l.t\. Sa \ . '-\ ~ <t-q Sub-total on pnnt: $50.00 -J .Sa. I TOTAL DUE: $600.00 I . *You agree to pay all amounts due within 30 days of the invoice date, If the total balance due shown on the invoice is paid within 30 days of the invoice date, no Finance Charges will be imposed on fees or expenses appearing on the invoice, You agree to pay a Finance Charge of 1,32% monthly periodic rate on any balance more than 30 days old, This is an Annual Percentage Rate of 16.0%. CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET. SUITE 1 MONTICELLO, MN 55362 763-295-2711 17.1 ~ NO. 80940 DATE WELLS FARGO BANK MONTICELLO. MINNESOTA 55362' (763) 295.2290 CHECK NO. AMOUNT 01/20/2005 80940 THREE THOUSAND SEVEN HUNDRED FIFTY SEVEN AND 00/100 DOLLARS $3,757.00 PAY TO THE ORDER OF BBF PROPERTIES 204 LOCUST STREET MONTICELLO MN 55362 C-::'.~::/~.~;:'.0;/:j"':: .:;;/ /t-:~/ ~:~/:'.:~:",.:r~:) l~:?;:.;~ ~"'?;T/;';" I.... ........ U {U,ttl.{ ........, lC.:::/::>..-::::;.:.:...::.,.......... ....:::..\:..'7:\:.:::..:/L.) II' 0 BOg 1, 0 II' I: 0 g . 0 0 0 0 . g I: 7 bOO O. 711' r VENDOR 001295 BBF PROPERTIES 01/20/2005 CHECK 80940 FUND ',& ACCOUNT P.o.# INVOICE "\ DESCRIPTION AMOUNT 213.46522.6511 TIF 1-22 PAYBACK INSTALLMENT 3,757.00 TOTAL 3,757.00 . . CITY OF MONTICEllO' MONTICELLO, MN 55362 -' CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET' SUITE 1 MONTICELLO, MN 55362 763-295-2711 17.' """910 NO. 80945 DATE WELLS FARGO BANK MONTICEllO, MINNESOTA 55362 . (763) 295.2290 CHECK NO. AMOUNT 01/20/2005 80945 THREE THOUSAND FOUR HUNDRED FOURTEEN AND 00/100 DOLLARS $3,414.00 PAY TO THE ORDER OF BLUE CHIP DEVELOPMENT COMPANY 105 MISSISSIPPI DRIVE MONTICELLO MN 55362 .....~.... '.. ........ ,.,'....... ...... ,. ........... :fU~............ "".' .... ~t~.~~ ....'.;:~r";;.i,. ~............. ...... ...... ......_~-- ...... ......, .. .. .. .." 0"" ,. " ..,:' II' 0 BOg 1, 5 II' I: 0 g . 0000 . g I: 7 bOO O. 711' VENDOR 000172 BLUE CHIP DEVELOPMENT COMPANY CHECK 80945 213.46525.6511 TIF 1-25 PAYBACK INSTALLMENT 3,414.00 TOTAL 3,414.00 . . CITY OF MONTICELLO' MONTICELLO, MN 55362 CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET. SUITE 1 MONTICELLO, MN 55362 763-295-2711 DATE 17.1 9i"O NO. 80950 WELLS FARGO BANK MONTICEl.LO. MINNESOTA 55362' (763) 295-2290 CHECK NO. AMOUNT 01/20/2005 80950 THREE THOUSAND EIGHT HUNDRED SIXTY ONE AND 00/100 DOLLARS $3,861. 00 PAY TO THE ORDER OF CEDRUS CREEK CRAFTSMAN, INC ATTN: JOHN KONAREK 12420 ARMITAGE AVE NW MONTICELLO MN 55362 (:9fX~.1q~/ij;r:ti) I...,.:......,'. Ou l ) (I tit! ......_u, I~{::~::(:::> ..:: ':::.....::...~.::..:7.~.-::~:..-:~.~~~::::.:::.. :::) 1110 B 0 ~ 50111 I: 0 11 ~ 0 0 0 0 ~ ~ I: 7 bOO 0 ~ 7 III VENDOR 001114 CEDRUS CREEK CRAFTSMAN, INC 01/20/2005 CHECK 80950 /' l FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT 213.46520.6511 TIF 1-20 PAYBACK INSTALLMENT 3,861.00 I TOTAL 3,861.00 . . '- CITY OF MONTICELLO' MONTICELLO, MN 55362 CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET. SUITE 1 MONTICELLO, MN55362 763-295-2711 17-1 9iO NO. 80974 01/20/2005 TWO THOUSAND THREE HUNDRED NINETY AND 001100 DOLLARS 80974 WEllS FARGO BANK MONTICEllO, MINNESOTA 55362' (763)295-2290 AMOUNT $2,390.00 DATE CHECK NO. PAY TO THE ORDER OF FRONT PORCH ASSOCIATES PO BOX 1338 MONTICELLO MN 55362 r;;~;:~;~f.+~':::Ju6:\~9:.~/:;:!::,:;~' t"........~ (. l(f;r'!' ,.............._, ;~/;',"/>.', ' f.A../.j r.".(~..~......\/:....,.:>..'! -: .:.: ~~::. :'.::.:;: ...:.::;............; :-..' ..... ~.:. :':'n ;,:..~\ ;:.:..-:, :..: .'i 111080 g? ~II1 1:0 g 1.0000 I. gl: 7 bOO 0 I. 7 III VENDOR 002777 FRONT PORCH ASSOCIATES INVOICE 213.46529.6511 2/1/2005 PAYBACK INSTALLMENT 2,390.00 TOTAL 2,390.00 . . CITY OF MONTICEllO. MONTICEllO, MN 55362 CITY OF MONTICEllO ACCOUNTS PAYABLE 505 WALNUT STREET- SUITE 1 MONTICEllO, MN 55362 763-295-2711 DATE 17.' 9iO NO. 80992 WELLS FARGO BANK MONTICELLO, MINNESOTA 55362 . (763) 295.2290 CHECK NO. AMOUNT 01/20/2005 TWO THOUSAND NINE HUNDRED FORTY AND 00/100 DOLLARS 80992 $2,940.00 PAY TO THE ORDER OF INTEGRATED RECYCL TECH, INC. C/O STEVE BUDD 9696 FALLON AVE NE MONTICELLO MN 55362 f.:Z~~~?~.'i~. '~. ;;~;.:~~.::?':~;~~:':.'.".;.' :;~t;:/::}+~.wA . . <:)::\)() . ...... .... .. ,. :: ..~'.''':: '<,;':~.'~~..;:.:~~,,~> 11108099 2111 1:09 .0000 .91: ? bOO o. ? III VENDOR 002091 INTEGRATED RECYCL TECH, INC. CHECK 80992 213.46528.6511 2/1/2005 2,940.08- TOTAL 2,940.00 . . \... CITY OF MONTICELLO. MONTICELLO. MN 55362 CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET- SUITE 1 MONTICEllO, MN 55362 763-295-2711 DATE 01/20/2005 THREE THOUSAND EIGHTY FOUR AND 00/100 DOLLARS 17.' ~ NO. 81014 WELLS FARGO BANK MONTICELLO. MINNESOTA65362' (763) 296.2290 CHECK NO. AMOUNT 81014 $3,084.00 PAY TO THE ORDER OF MASTER'S FIFTH AVENUE, INC 204 LOCUST STR SUITE 209 MONTICELLO MN 55362 ~'::;'{:0.1/:"'71/ tLX')L:f:;, ...-. ...... f.J-A"" j,(/L...-' /...... ...... ..... . :)(f;/:?~~.., . .:'''~:''.:.~~}:'r:/::'; ...... ............ h.....0:!~.h... ..n_, .. '" .. "t" ... J,.:............_.......,,,"' III 0 8 . 0 . L. III I: 0 11 . 0 0 0 0 . 111: 7 bOO O. 7111 VENDOR 002731 MASTER'S FIFTH AVENUE, INC CHECK 81014 213.46585.6511 2/1/2005 PAYBACK INSTALLMENT 3,084.00 TOTAL 3,084.00 . . CITY OF MONTICEllO. MONTICEllO, MN 55362 CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET - SUITE 1 MONTICELLO, MN 55362 763-295-2711 DATE 17-' ------gji) NO. 81049 WELLS FARGO BANK MONTICELLO. MINNESOTA 66362' (763) 295.2290 CHECK NO. AMOUNT 01/20/2005 81049 TEN THOUSAND SIX HUNDRED TWENTY TWO AND 54/100 DOLLARS $10,622.54 PAY TO THE ORDER OF PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC 2845 HAMLINE AVE NO ROSEVILLE MN 55113 (>:',:~:~.::;.~::'(~;' ;::/~ '~"':: Z I /L:.::::~::.::;):'.:::.:.::7\ I ...... n.... /7 ~/ ..'(A~ , ....., .....,..", . 'I':"':'" i;::;-:' ~:t;; ,". "::" ,:> H ".i.....,,;:..0~ W .,..-4t{'"...:.-......... I;,::i:<;i:;:.-:....:." ,,,F ..(:<<-.<::~:.::.-.X.. III 0 8 . 0 I.. 11 III I: 0 11 . 0 0 0 0 . 11 I: 7 bOO O. 7111 r VENDOR 001217 PRESBYTERIAN HOMES HOUSING 01/20/2005 CHECK 81049 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT ~ I ! 213.46519.6511 TIF 1-19 PAYBACK INSTALLMEN 10,622.54 TOTAL 10,622.54 . . CITY OF MONTICELLO. MONTICEllO, MN 553G2 ~ t -' r lod I I CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET . SUITE 1 MONTICELLO, MN 55362 763"295-2711 DATE 17-1 -----gji) NO. 81061 WELLS FARGO BANK MONTICELLO, MINNESOTA 56362 '(763)296-2290 CHECK NO. AMOUNT 0,1/20/2005 81061 $24,748.00 TWENTY FOUR THOUSAND SEVEN HUNDRED FORTY EIGHT AND 001100 DOLLARS PAY TO THE ORDER OF ST BENEDICT'S CENTER ATTN: JIM HIATT, ADM 1810 SEMINNESOTA BLVD ST CLOUDMN 56304 11108 .0 b .111 ':0 g .0000 . gl: j(:'::'.\:::t~;::'0;/.:/::,'j;/ ~:/~:!}ff;:;: ..._........l~ ~) t...................., ;::.:/;::.:,:;::~ w/!l~'t.t.!li.:::::::.:(::i l:'l}(::::{ '''::'':.' ......... c:!::;:..-:. :../:-::..~.::.:;,'I 7 bOO o. 7111 VENDOR 001558 ST BENEDICT'S CENTER CHECK 81061 FUND' 213.46524.6511 TIFl-24 PAYBACK INSTALLMEN 24,748.00 TOTAL 24,748.00 . . CITY OF MONTICEllO. MONTICEllO, MN 55362 ./ SEVEN HUNDRED AND 00/100 DOLLARS CITY OF MONTICELLO ACCOUNTS PAYABLE 505WALNUT STREET. SUITE 1 MONTICELLO, MN 55362 763-295-2711 DATE 01/20/2005 17-' ""'9iO NO. 81071 WELLS FARGO BANK MONTICELLO, MINNESOTA 55362' (763) 295.2290 CHECK NO. AMOUNT 81071 $700.00 PAY TO THE ORDER OF TERRANCE & MARY TOMANN FLP C/O UMC 500 CHELSEA ROAD MONTICELLO MN 55362 (':::\:~:<:'(~(i:':7':::' 2IAjL~:,:~~:/r..:~:?:::?,. I"'~' ..-.. L-f-, , / .....,...... "'m .. ..::/:::/./J)'A ~,,"f ;j'::::":::;:::" .... ........ L./~ W. ,f I .... ..,-" ,." , :(::.>':::;:'-::' ;. : , '::-...: ?;:::::."/-::.> 11108 . 0 ? . III I: 0 11 . 0000 . q I: 7 bOO o. ? III VENDOR 002658 TERRANCE & MARY TOMANN FLP CHECK 81071 213.46531.6511 2/1/ 0 5 PAYBACK INSTALLMENT 700.00 TOTAL 700.00 . . CITY OF MONTICELLO. MONTICELLO, MN 55362 .J '''t , ".<"~_:~} ts~ CITY OF MONTICELLO ACCOUNTS PAYABLE 505 WALNUT STREET. SUITE 1 MONTICELLO, MN 55362 763-295-2711 DATE '7-' ----g-jQ NO. 81072 WELLS FARGO BANK MONTICEllO, MINNESOTA 55~62 . (76~) 295-2290 CHECK NO, AMOUNT 01/20/2005 81072 EIGHTEEN THOUSAND NINE HUNDRED ONE AND 50/100 DOLLARS $18,901.50 PAY TO THE ORDER OF TWIN CITY DIE CASTINGS CO. ATTN: DOUG HARMON 1070 SE 33RD AVENUE MINNEAPOLIS MN 55414 C~;"~:~':::;'~;::~~'::2//'.:L;/:~:t::..:-:,:;...,-.'.'. ...-. '"_', ( ), ,/ t, / ."... ....... "". t\;/~=i{~X (/. 1 /1 it/)fJ:~'::.:,.'" ..;.:.:.:i.:.:.:.:......:......... .v:;" ' ::- ~'-;:;' L":..'~ -- 11108 .0 ? 2111 1:0 g .0000 . ~I: ? bOO O. ? III VENDOR 000456 TWIN CITY DIE CASTINGS CO. 01/20/2005 CHECK 81072 FUND & ACCOUNT P.O. INVOICE DESCRIPTION AMOUNT 213.46526.6511 TIF 1-26 PAYBACK INSTALLMEN 18,901.50 TOTAL 18,901.50 . . \... CITY OF MONTICELLO. Mm.TICELLO, MN 55362 . . . HRA Agenda - 02/02/05 9. Economic Development Director's Report. A. Business Retention and Expansion _ -Bill and Barb Tapper - 25,000 sq ft warehouse addition to existing 60,000 sq ft industrial building. Proposed tenant, Strategic Equipment and Supply Corporation, will commit to 40 new jobs for Monticello at an average hourly wage of $17.90 w/n benefits and average median wage of $19.00 w/o benefits. This will be their regional and control center. In reality, they plan to have 50-55 people at this facility. -Dahlheimer still interested in relocating to Otter Creek Business Campus. -Local business has decided to add on in 2005 rather than relocate to Otter Creek. -Other two local companies reported last month looking to expand in 2005 and at long range plans. - 12,000 sq ft addition, Tire Service Equipment Mfg (unaware of FDA program) R. Industrial leads: -28,000 sq ft manufacturing facility - rubber products and rubber coated facility. Mail worksheet and trying to set up visit. (L,ead from general contractor) - 5,000 sq ft office/warehouse, 1-2 acres, 7 fLlll~time (owner call) - 40,000 to 60,000 sq ft manufacturing, 4-6 acres. (Metro realtor broker) Mailed worksheet. - 8,000 to 12,000 sq ft condo for lease or sale, 3 buildings, Dundas Road, Oakwood Industrial Park, spring construction (Builder and Architect) - 10,000 sq ft manufacturing. 2-4 acres, 8 people, metal fabricator, returned worksheet. (Brad Barger) - 30,000 to 50,000 sq it manufacturer, 10 existing, 10 new, 3-5 acres (realtor, commercial special ist) - 20,000 sq ft with room to expand, 7+ acres, manufacturing (owner) - 30,000 sq ft light assembly, distribution. 3-3.5 acres 12 full time, (owner) - 15,000-20,000 sq ft, 3-5 acres, heavy construction equipment, 90 at peak, 12 in office ( owner) C. Transformation Home Loan Program - Breakfast held January 26, about 10 in attendance. Info mailed to 375 home owners with 2004 assessed market value ofless than $150,000. D. Received $45 from Standard Iron for reimbursement of legal fees associated with Release of Contract. E. Marketing Committee - Meeting scheduled for February 10, 7:30 a.m. F. No new inf(xmation from Chuck Van Heel on acquisition of theater on West Broadway and potential redevelopment of area. G. Plan to meet with A VR relative to optional relocation sites. H. Covenants being prepared by Council agenda February 14 and recording thereafter. J. Registered for Ehlers Seminar, February 3 and 4.