HRA Agenda 08-05-1998
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AGENDA
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, August 5,1998 - 7:00 p.m.
City Hall
MEMBERS: Chair Steve Andrews, Vice Chair Bob Murray, Brad Barger, Damn Lahr, and Dan
Frie.
COUNCIL LIAISON:
Brian Stumpf
ST AFF:
Treasurer Rick Wolfsteller and Executive Director Ollie Koropchak.
GUESTS:
HRA Attorney Dan Greensweig
Rusty Fifield, EWers & Associates
Mark Wentzell, AKA, Inc.
Brad Johnson, Lotus Realty Services
Barb Esse and Rita Ulrich - MCP
Jim Hiatt, St. Benedict's Center
Brad Larson, AttorneylDeveloper
1.
CALL TO ORDER.
2.
CONSIDERATION TO APPROVE THE JANUARY 7, MAY 6, AND JULY 1,1998
HRA MINUTES.
3. CONSIDERATION OF ADDING ITEMS TO THE AGENDA.
4. CONSIDERATION TO HEAR PRELIMINARY CONCEPT UPDATE FOR
REDEVELOPMENT OF THE NORTH ANCHOR.
5. CONSIDERATION TO APPROVE A RESOLUTION ADOPTING THE
MODIFICATION FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT
NO. 1; AND ESTABLISHING TIF DISTRICT NO. 1-24 THEREIN AND ADOPTING
THE RELATED TIF PLAN THEREFOR. (St. Benedict's)
6. CONSIDERATION OF AN UPDATE ON THE COMMUNITY CENTER PROJECT:
COST ESTIMATES AND FUNDING.
7. CONSIDERATION TO REVIEW THE OPERATING AGREEMENT FOR THE
COMMUNITY CENTER BETWEEN THE CITY AND NATIONAL GUARD.
8.
CONSIDERATION TO ACCEPT A COUNTER-OFFER FOR THE PROPERTY
LOCATED AT 225 FRONT STREET (Rich and Marian Carlson).
9. CONSIDERATION TO REVIEW THE APPRAISAL FOR THE PROPERTY .
LOCATED AT 218 FRONT STREET AND AUTHORIZATION TO PROCEED.
10. CONSIDERATION OF A PROPOSAL FOR A MARKET IDENTITY STUDY AND
TO SHARE IN IT'S FUNDING.
11. CONSIDERATION TO ACCEPT FOR RECORD THE DECLARATION OF
POTENTIAL CONFLICT OF INTEREST FROM COMMISSIONER BRAD BARGER.
12. CONSIDERATION OF A REQUEST FOR TIF ASSISTANCE FOR DEVELOPMENT
OF A MANUFACTURING FACILITY AND AUTHORIZATION TO PROCEED.
(Blue Chip Development Company).
13. CONSIDERATION TO HEAR PRELIMINARY CONCEPT FOR DEVELOPMENT OF
LOW TO MODERATE INCOME FAMILY HOUSING AND REQUEST OF
INTEREST FOR USE OF TIF. (Brad Larson).
14. CONSIDERATION TO REVIEW THE FIRST DRAFT OF THE PROPOSED TIF
GUIDELINES.
15. CONSIDERATION TO AUTHORIZE PAYMENT OF MONTHLY HRA BILLS.
16. CONSIDERATION OF EXECUTIVE DIRECTOR'S REPORT. .
17. CONSIDERATION OF COMMITTEE REPORTS:
a) Community Center - Bob Murray
b) MCP - Steve Andrews
c) Marketing - Damn Lahr
18. OTHER BUSINESS.
19. ADJOURNMENT.
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MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
Wednesday, May 6,1998 -7:00 p.m.
City Hall
MEMBERS PRESENT:
Chair Steve Andrews, Vice Chair Bob Murray, Darrin Lahr, and
Dan Frie.
MEMBERS ABSENT:
Brad Barger.
COUNCIL LIAISON ABSENT:
Brian Stumpf.
STAFF PRESENT: Executive Director Ollie Koropchak.
GUESTS:
Amy Rolfe, Skipper's Pool & Spa
Barb Esse, MCP Chairperson
Rita Ulrich, MCP Manager
1. Call to Order.
Chair Andrews called the lIRA meeting to order at 7:00 p.m.
2.
Consideration to a.pprove the January 7. 1998. April L 1998 and April 15. 1998 HRA
minutes.
Damn Lahr made a motion to approve the April 1, 1998 and April 15, 1998 HRA
minutes. Dan Frie seconded the motion and with no corrections or additions, the minutes
were approved as written.
3. Consideration of adding items to the agenda.
Koropchak requested an addition under 13b Other Business: Consideration to modify the
Redevelopment Contract between HRA and BBF Properties.
4.
C~n~eration to approve a resolution adopting the modified plan for Central Monticello
R d lopment Project No 1 and establishment and adoption of the plan for TIF District
No. 1-23.
HRA members received a copy of the Plan for TIF District No. 1-23. They noted the
budget of $1,105,000 and estimated annual net tax increment of$121,542 were high.
The stated budget allows for increased project costs without the need to modify the Plan
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HRA MINUTES
MAY 6,1998
responded Koropchak. And the stated tax increment is based on a greater per square foot
value of the land and building because the financial consultant believes the County
Assessor's value are low and values will increase shortly. Koropchak noted the developer,
Allied Companies, and tenant, Midwest Graphics, will provide documentation to satisfy
the '1lUt for" test. TIF District No. 1-23 is an Economic District with a maximum life of
eleven years. The district will create jobs and increase the tax base of the state and local
community. The tenant agrees to wage levels between $8.24 to $12.00 ph and agrees to
pay a wage level of at least 160% of the federal minimum wage requirement for at least
90% of its employees during the life of district.
The Planning Commission approved a resolution finding the TIF Plan to be consistent with
the Comprehensive Plan of the City.
Dan Frie made a motion to approve a resolution adopting the modification to the
Redevelopment Plan for Central Monticello Redevelopment Project No. 1 ~ and
establishing TIF District No. 1-23 therein and adopting the related TIF Plan therefor. The
motion was seconded by Bob Murray and with no further discussion, the motion passed
unanimously.
5.
Consideration to approve the terms and conditions of the Contract for Private
Redevelopment between the HRA and Allied Companies. LLC.
Koropchak reviewed the proforma submitted by the developers which required TIF
assistance in the amount of $250,000, stating the request appeared high when calculating
the numbers. The contractor submitted site improvement costs of $122,211 and the
developer requested land acquisition assistance. The construction cost estimate of $32.72
per sq ft on the proforma appeared low as the Assessor's value on the manufacturing
portion only is about $27.50 per sq ft. Additionally, the permit fee is listed at $1,000.
Koropchak was unable to reach Paul Ederer for an explanation.
Based on the TIF cash flow projections, 50% of the tax increment over the life of the
district is about $181,000 NPy. Koropchak suggested the storm sewer trunk and sanitary
sewer and water trunk fees of about $25,000 be earmarked as the 10% local contribution.
Darrin Lahr made a motion agreeing to TIF assistance in an amount of$125,000 for site
improvements and $56,000 for land write-down subject to verification of construction
costs or satisfaction of the "but for" test. The HRA to retain the $5,000 pre-TIF deposit
and receive the first 20% of the annual tax increment. The developer to receive the
remaining annual tax increment for not-to-exceed total TIF assistance of$181,000. Dan
Frie seconded the motion and with no further discussion, the motion passed unanimously.
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HRA MINUTES
MAY 6, 1998
6. Consideration of a request from the MCP relating to the use of the lIRA lot on West
Broadway.
MCP President Barb Esse and Manager Rita Ulrich appeared before the HRA with a
proposed use of the vacant HRA lot at 111 West Broadway. The lot adjoins the office of
the MCP which is convenience for light maintenance of the property by the MCP. To
create an attractive and inviting public space, the MCP proposed the front 50 feet be used
as a gathering place and walkway via the purchase and placement of four picnic tables
with umbrellas, two park benches, fencing, plantings and miscellaneous at an estimated
cost of $3,804.40. This meets the pedestrian friendly spirit of the revitalization plan.
Secondly, they proposed that the remaining portion of the lot be used by Skipper's Pool
and Spa as a display area allowing room for the walkway. This to encourage business
expansion and revitalization of downtown and to eliminate the need for a conditional use
permit relating to expansion of a display area on the existing parcel.
Koropchak reported if an lIRA receives income from a property it no longer is tax
exempt. Attorney Bubul recommended a lease agreement be drafted, executed, and
recorded and would necessitate the lIRA to hold a public hearing. Koropchak noted in
conversation with the County Assessor if the use is for a limited time perhaps the property
could be considered seasonal and not taxed. Commissioners discussed options which
would result in a good solution for all concerned. The commissioners agreed their goal as
owner of this parcel was to provide the HRA with the opportunity to monitor future plans
for redevelopment of the area.
Steve Andrews made a motion approving expenditures in an amount not-to-exceed
$3,804.40 for the MCP to purchase aesthetic improvement fixtures for the southerly one-
half of the HRA lot at 111 West Broadway. This to test-the-water for use of a public
gathering place concept. Darrin Lahr seconded the motion and with no further discussion,
the motion passed unanimously. The motion was subject to a maintenance agreement
letter from the MCP.
Dan Frie made a motion allowing Skipper's Pool and Spa, Scott Rolfe, the use of the
northerly one-half of Lot 7 and a portion of Lot 8, Block 52, Original Plat, except the area
designated as walkway, through a period ending August 1998 with the following
conditions: Skipper's Pool and Spa must indemnify the HRA, use must be for display
purposes only, and the use must be consistent with the conditional use permit. The
motion was seconded by Steve Andrews and with no further discussion, the motion passed
unanimously. The commissioners approved the motion because Skipper's Pool and Spa is
adjacent to the unused described parcel, is consistent with the conditional use permit and
will assist a new business.
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lIRA MINUTES
MAY 6, 1998
7. Consideration of interest to provide TIF assistance to Diversifoam Products.
HRA members were asked of their interest to provide TIF assistance to Diversifoam
Products. The Prospect Team and some lIRA members visited the headquarter facility in
Rockford, MN, on two different occasions. Both groups saw the company as productive
and well managed but gave the proposed project a lukewarm rating. The company
requested a reasonably-timed response.
Lahr had no problems with the air emissions; however, he felt the proposed project
included no skilled jobs and a steel building utilizing a large amount ofland for outdoor
storage. He was not interested in providing TIF. Frie agreed no free land. Murray did
not have enough information for a decision: however, did recognize the project was a
satellite facility with no skilled jobs. Darrin Lahr made a motion to provide no TIF
assistance to Diversifoam because the project did not meet the TIF criteria. Steve
Andrews was uncomfortable with the rationale for denial. Lahr amended his motion: to
provide no TIF assistance to Diversifoam because the proposed satellite project included
no top management jobs, an excess amount of outside storage, and a building exterior of
lesser long term value. Steve Andrews seconded the motion and with no further
discussion, the motion passed unanimously.
8.
Consideration to hear follow-up on the difference between the assessed value and certified
real estate value for TIF District No 1-18.
Administrator W olfsteller researched each file card at the County Assessor's Office and
found each single family resident and twin home had a typical EMV increase from payable
1998 to payable 1999 with the exception of one twin home unit which increased from
$96,500 to $194,600. This property was only 50% complete on January 2, 1997.
Previously, Bob Murray requested the lIRA consider modifying the Contract for Private
Redevelopment between the lIRA and RDI to use the certificate of real estate value
instead of the assessor's value. With the reported update on the estimated market values,
Murray withdrew his request.
9. Consideration of interest to purchase the property located at 516 Maple Street.
At the request of the Assistant Administrator, the lIRA was requested to consider
purchase of the property located at 516 Maple Street. The parcel lies within the proposed
redevelopment area of the community center. Although the parcel lies within the area, the
parcel is not needed in order to proceed with Phase I of the community center but would
be necessary for Phase II which includes the ice arena.
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HRA MINUTES
MAY 6,1998
Lahr asked: Why do we need it? The ice arena is far-out. Andrews asked if the HRA
could cashflow the purchase? Damn Lahr made a motion stating the HRA was not
interested in purchasing the property at 516 Maple Street as this time because of the
HRA's lack of funds and recommended the City Council consider the acquisition. Steve
Andrews seconded the motion and with no further discussion, the motion passed
unanimously.
10. Consideration to review the list of site locators. builders. and others for invite to golf
outing and other related plans.
Koropchak reported the lower list of businesses were taken the membership of the
National Association of Industrial and Office Properties. Murray saw no purpose to invite
builders but to invite developers only. The upper list consist oflocallenders and existing
BRE contacts. Frie made a motion to invite the bottom left-hand businesses with two
gratis tickets and the upper list of individuals or businesses with one gratis ticket. Bob
Murray seconded the motion and with no further discussion, the motion passed
unanimously. The golf course can fit 120 golfers reported Frie.
11.
Consideration to review and discuss TIF policies from the City of Savage and appoint two
commissioners to prepare a draft copy ofTIF Policies for review.
In lieu of saving time, Damn Lahr made a motion appointing Commissioners Andrews and
Lahr to a subcommittee for the purpose of preparing a draft copy of TIF Policies for
review at the June HRA meeting. Dan Frie seconded the motion and with no further
discussion, the motion passed unanimously.
12. Consideration to authorize payment of monthly HRA bills.
Bob Murray made a motion authorizing payment of the monthly HRA bills and
authorizing submittal of invoices to Charlie Pfeffer and the amount due of$I,825.66 as
reimbursement to the HRA for services rendered relating to the Green Acres issue. The
BRA paid $1,500 ofthe total $3,325.66 expenditure through the April 7, 1998 invoice.
Darrin Lahr seconded the motion and with no further discussion, the motion passed
unanimously.
13.
Consideration of Executive Director's report:
b) Add on item - BRA members were requested to consider modi tying the Contract
for Private Redevelopment between the BRA and BBF Properties, Inc. The
contract states the redeveloper shall commence construction of the minimum
improvements by May 1, 1998. The request is to modity the construction
commencement date from May 1 to June 1, 1998 for compliance of the contract.
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HRA MINUTES
MAY 6, 1998
Most important to the HRA is the scheduled construction completion date of
December 31, 1998. Darrin Lahr made a motion to modify the commence
construction date for the minimum improvements from May ], 1998 to June 1,
1998 within the Contract between the BRA and BBF Properties, Inc. Bob Murray
seconded the motion and with no further discussion, the motion passed
unanimously.
BRA members accepted the report as written.
14.
Consideration of committee reports:
a) Small Group Community Center - Murray reported the Chamber requested space
in the community center for their office and related conference needs. No rental
fees have been determined. The Nationa] Guard's $].5 million has a new twist
with the need for a secured space for their humbies. Construction costs will be
reviewed at the next meeting which are assumed higher than originally projected.
b) MCP - Andrews no report as absent from meetings.
c) Marketing - Lahr reported the subcommittee continues to meet and all agree to
print a marketing piece with no implementation plan or sufficient staff is not the
goal.
d) Go]f Outing - Frie reported perhaps the Legion would supply a free lunch. Lahr
asked if that was the image of Monticello, the HRA wanted to market? It was
suggested to check with the Monti Club and River Inn on menu and costs?
15. Other Business.
Murray stated he would be out-of-town.
16. Adjournment.
The HRA meeting adjourned at 9:30 p.m.
HRA Chair
Executive Director
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MINUTES
MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
July 1, 1998 - 7:00 p.m.
City Hall
MEMBERS PRESENT:
Chair Steve Andrews, Damn Lahr, and Dan Frie.
MEMBERS ABSENT:
Vice Chair Bob Murray and Brad Barger.
COUNCIL LIAISON PRESENT: Brian Stumpf
STAFF PRESENT: Treasurer Rick Wolfsteller, Executive Director Ollie Koropchak, and BRA
Attorney Steve Bubul.
GUESTS:
Larry Schlief
Greg Hayes, Shingobee, Inc.
1. Callto Order.
Chairperson Andrews called the HRA meeting to order at 7:00 p.m.
2.
Consideration to approve the January 7, May 6, and June 3, 1998 BRA Minutes.
Dan Frie made a motion to approve the June 3, 1998 HRA minutes. Seconded by Darrin
Lahr and with no additions or corrections, the minutes were approved as written.
3. Consideration of addina aaenda items:
None.
4. Consideration ofa request for a buyout rather than c;ontract for de~d.
Larry Schlief informed the commissioners that four signatures were required to cure the
title defects. The necessary two signatures from Mike O'Connor have been secured with
signatures from two other individuals yet to be obtained, Schliefhopes for a closing in 30
days. Schlief requested the HRA consider a buyout rather than the contract for deed as
agreed upon in the Purchase Agreement. Lahr felt the need to preserve the HRA funds.
Frie also recognized the limited funds and asked if the purchase price would be discounted
with a buyout. Schlief was not interested in a discount. Andrews agreed to preserve the
BRA funds. Dan Frie made a motion re-instating the terms and conditions of the executed
Purchase Agreement of October 22, 1997 between the HRA and ScWief Daffin Lahr
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HRA MINUTES
JULY 1, 1998
seconded the motion and with no further discussion, the motion passed unanimously.
Commissioners agreed to allow ScWiefto remove the cloth~line and poles from the
property .
Noting O'Connor's interest to sell, BRA members agreed and directed Koropchak to
contact Deb Otten, power of attorney for the property, inquiring to the asking price.
Upon obtaining an asking price, Koropchak is to contact Commissioner Frie for further
direction to proceed.
5.
Consideration to adopt a resolution awardiI\2 the sale 04 and providing the fonn. term&,
covenants and directions for the issuance of its $500,000 taxable tax increment revenue
note, Series 1998.
At the time the BRA authorized execution of the Private Redevelopment Contract
between the BRA and BBF Properties, Inc., the resolution awarding the sale ........ was
not approved. With a request for issuance and deliverance of the note by the developer,
Barry Fluth and lender, US Bank~ the developer contacted Dan Wilson,
relocation/acquisition consultant, for a review ofthe relocation costs eligible for TIP
assistance according to the contract. A copy of Mr. Wilson's review was submitted to the
commissioners.
Attorney Bubul noted the not-to-exceed $500,000 TIF assistance first applies toward
relocation and demolition costs and thereafter site improvement costs. As agreed upon
the purchase of the leasehold interest associated with the Skillet Restaurant is considered
acquisition costs and not relocation costs. According to Mr. Wilson's letter, the eligible
relocation expenditures totaled $188,443 and the eligible demolition and site improvement
costs incurred to date totaled $156,987 for total expenditure of $345,400. Bubul
continued per the contract and note, the total $500,000 must be spend prior to deliverance
of the note. This is important as interest on the note starts to accrue on the date of
deliverance. Although no written evidence was received from the developer, it appears
$345,400 of the $500,000 has been expended leaving $154,600 yet to be expended. The
BRA has two options: One, adopt the resolution and deliver of the note upon expenditure
of the total $500,000 subject to receiving acceptable written evidence. Or secondly,
adopt the resolution and deliver a note for expenditure of $345,400 and deliver a second
note upon expenditure of the remaining $154,600 subject to receiving acceptable written
evidence.
Steve Andrews made a motion to adopt the resolution awarding the sale of, and providing
the form, terms, covenants and directions for the issuance of its $500,000 taxable tax
increment revenue note, series 1998, subject to receiving written evidence acceptable to
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BRA MINUTES
JULY 1, 1998
the BRA Attorney and the Executive Director. Dan Frie seconded the motion and with no
further discussion, the motion passed unanimously.
6. Consideration to approve general guidelines and level ofTIF assistance for proiect no. II
within RedevelQpment District No. 1-22.
Greg Hayes, Shingobee, Inc., informed BRA members that the need for the $150,000 up-
front TIF assistance still stands for redevelopment of the West Broadway Amoco station.
Upon a clearer definition as to the context of an Assessment Agreement which is a
recordable document between the developer, BRA, and County Assessor agreeing to a
certain minimum market value, Hayes indicated Shingobee's willingness to provide an
assessment agreement with a minimum market value between $540,000 to $560,000 for
land and building. An Assessment Agreement does not include a tax increment guarantee.
W olfsteller inquired as to the amount of the local contribution for Redevelopment District
No. 1-22. Bubul responded the local contribution for a redevelopment district is 5% and
said dollars pledged and contributed from the City's General Fund for development of the
Community Center are qualified costs for the local contribution.
Dan Frie made a motion approving up-front TIF assistance in an amount not-to-exceed
$150,000 for the acquisition and demolition costs associated with the redevelopment of
the West Broadway Amoco station, subject to execution of an Assessment Agreement and
execution of a Contract for Private Redevelopment between the BRA and Shingobee on
or before December 31, 1998 and subject to Council approval of a $150,000 loan to the
BRA for up-front financing. Darrin Lahr seconded the motion. BRA members requested
the City Council review the 5% local contribution for TIF District No. 1-22 for
clarification of qualified costs and to re-affirm their previous commitment. With no
further discussion, the motion passed unanimously.
7.
Consideration of a counteroffer for the property located at 225 Front Street.
HRA members received copies of the letters between John Peterson, attorney for Rich and
Marian Carlson, and the BRA and a copy of the Option Agreement and Purchase
Agreement offered by the BRA in November 1997. With no request from the property
owners, no action was necessary.
8. Consideration to review the first draft ofthe proposed TIF iUidelines.
BRA members elected to table this item until all commissioners are present.
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HRA MINUTES
JULY 1, 1998
9. Consideration to authorize payment of monthly HRA bills.
Steve Andrews made a motion authorizing payment of monthly BRA bills including the
final payment to Hoisington Koegler for development of the Revitalization Plan. The
MCP determined work was completed by Hoisington per the contract. Dan Frie seconded
the motion and with no further discussion, the motion passed unanimously.
10.
Consideration of subcommittee reports:
a) Marketing - Lahr reported Koropchak and he met once to expand the plan to
include the estimated time for completion and budget requirements.
b) Community Center - In the absence of Murray, Andrews reported Council will be
requested to consider purchase of the Grimsmo property for a purchase price of
$190,000, $5,000 greater than the appraisal. Council previously approved a
$30,000 annual debt increase for the community center project. This due to an
increase of square footage. The annual debt increase is within the $9.4 million cap.
Andrews was not aware of the final purchase price of the city hall and noted
perhaps TIF assistance would be requested for improvements.
c) MCP - Andrews reported MCP was concentrating on Riverfest activities.
d) Summarize Bus Tour/Golf Outing - Frie reported comments received were
positive of the day's event and lIRA members agreed an annual event of some kind
was needed.
11. Consideration of Executive Director's r((port:
The report was accepted. Koropchak noted the included proposal from Northwest
Associates for development of a housing study.
12. Other Business.
None.
13. Adjournment.
The HRA meeting adjourned at 8:05 p.m.
Chair
Executive Director
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HRA AGENDA
AUGUST 5, 1998
4. Consideration to hear preliminary conce.pt update for redevelopment of the North Anchor.
A. Reference and Back;ground:
On Friday, July 24, Brad Johnson, Lotus Realty Services, Inc., met with Mayor Fair, Rick
Wolfsteller, and myself to discuss a preliminary concept for redevelopment of the North
Anchor including an interest, from a restaurant developer.
Based on that meeting, Mr. Johnson will make a presentation to the Parks Commission on
July 30 for consideration and input. Assuming an interest to proceed, the HRA will hear
the presentation on August 5. Preliminary plans include a visit by the restaurant
developers to Monticello for a mini tour and to gage a feel of Monticello's receptiveness
to the preliminary concept. This the third week of August. Thereafter, perhaps a
Monticello delegation would visit the sites of some of the four developed restaurants
around the Duluth area.
No formal action required on this agenda item.
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HRAAGENDA
AUGUST 5, 1998
5. Consideration to approve a resolution adopting the modification for Central Monticello
Redevelopment Proiect No.1; and establishing nF District No. 1-24 therein and adoptini
the related TIF Plan therefor.
A. Reference and background:
Previously, the HRA authorized preparation for establishment ofTIF District No. 1-24 for
a 60-unit senior independent housing facility to be owned and operated by St. Benedict's
Center of St. Cloud. The Housing District is being created as a <<Qualified Housing
District", thereby exempting the City from a HACA Penalty.
Enclosed is a summary of the TIF Plan and copy of the resolution for adoption. Jim Hiatt,
St. Benedicts, and Skip Sorenson, architect, will be at the HRA meeting for a briefing on
the development progress. The public hearing and adoption of the district by City
Council is scheduled for August 24.
Attorney Bubul is preparation the first draft of the Private Redevelopment Contract. The
HRA approved TIF assistance for land acquisition, site improvements, utilities, and debt
reserve in an amount not-to-exceed $440,000 NPY. The HRA to receive the first 10% of
the annual tax increment and the remaining tax increment to retire the note. Maximum life
of the district is 25 years.
B. Alternative Action:
1. A motion to approve the resolution adopting the modification of the Central
Monticello Redevelopment Project No.1; and establishing TIF District No. 1-24
therein and adopting the related TIF Plan therefor.
2. A motion to deny approval of the resolution adopting ................
3. A motion to table any action.
C. Recommendation:
Recommendation is alternative no. 1.
D. Supporting Data:
Summary of Plan for TIF District No. 1-24 and copy of the resolution for adoption. A
copy of the entire TIF Plan is available in the Office of the HRA for review if you so
desire.
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MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF MONTICELLO
WRIGHT COUNTY
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION ADOPTING THE MODIFICATION TO THE REDEVELOPMENT
PLAN FOR CENTRAL MONTICELLO REDEVELOPMENT PROJECT NO.1;
AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-24
THEREIN AND ADOPTING THE RELATED TAX INCREMENT FINANCING
PLAN THEREFOR.
WHEREAS, it has been proposed that the Board of Commissioners (the "Board") of the Housing
and Redevelopment Authority (the "HRA)" for tho City of Monticello (the "City") adopt the Modified
Redevelopment Plan for Central Monticello Redevelopment Project No. 1 and establish Tax Increment
Financing District No. 1.24 and adopt the Tax Increment Financing Plan therefor, (collectively, the "Plans"),
all pursuant to and in conformity with existing law, including Minnesota Statutes, Sections 469.00 I through
469.04 7, and Sections 469.174 to 469.179, inclusive, as amended, 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 proposed developments as described in the Plans, in the opinion of the HRA, would
not reasonably be expected to occur solely through private investment within the reasonable foreseeable
future and, therefore, the use of tax increment fInancing is deemed necessary; and
WHEREAS, the HRA has performed all action5 required by law to be performed prior to the
adoption of the Plans, but not limited to, notification of Wright County and School DistrictNo. 882 having
taxing jurisdiction over the property to be included in Tax Increment Financing District No. 1.24, notice of
a potential qualified housing district to the local county commissioner, a request for review of and written
comment on the Plans by the City Planning Commission, and a request 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 find5 that Tax Increment Financing District No. 1-24 is in the public
interest and is a "qualified housing district" under Minnesota Statutes, Section 469.174, subd. 11 and
Minnesota Statutes, Section 273.1399, subd. l(c), and finds that the adoption of the proposed Plans will
advance the HRA's and City's objectives of encouraging development within Central Monticello
Redevelopment Project No. I.
2. Conditioned upon the approval thereof by the City Council following its public hearing
thereon, the Plans, as presented to the lIRA on this date, arc hereby approved, established and adopted and
shall be placed on file in the office of the City Administrator.
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_ Ehlers and Associates
9' Tax Increment Financing District Overview
City of Monticello. Tax Increment Financing District No. 1.24
The following summary oontains an overview of the basic elements of the Tax Increment Fin&n"ing Plan
for TIF District No. 1-24. More detailed information on eaoh of these topics can be found in the complete
TIF Plan.
Proposed action:
Establishment of Tax increment Financing District
No. 1-24 and adoption of a Tax In,,rement
Financing Plan .
Modification to the Redevelopment Plan for the
Central Monticello Redevelopment Project No.1.
An Qualified Housing District
See attached legal description
To facilitate construction of 60 unit independent
living senior housing building in the City of
Monticello. Concurrent with the construction of the
independent living units will be the construction of60
units of assisted living units, which will not be
included in District No. 1-24. Both facilities are to be
owned by St Benedict's Center
25 years from receipt of first tax increment.
Development District:
Type of TIF District:
Legal Description
Proposed development and
Agreement:
Maximum duration:
Estimated annual tax increment:
$53,390
Proposed uses:
The TIF Plan contains the following budget:
Land acquisition. . . . . .. . . . . . , , . . . $140,000
Site Improvements. . . , . . . . . . . . . . . .220.000
Utilities . .. .. _ .. .. . .. .. . . . .. . . .. . 170,000
Interest/Debt Service Reserve. . . . . . , 676,500
Administrative Costs (up to 10%).... 133.500
TOTAl. ..................... 51,340,000
Form of financing:
Administrative fee:
Pay.as-you-go note
Up to 10% of annual increment, jf costs are justified.
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TfF DistrIct Overview
Required findings by the City
Council:
Evideuee
1. Finding tbat District No. 1.24 is a
qualified housing district as defined
in M.S., Section 469.174, Subd. 11
and M.S., Section 273.1399, Subd.
1 (e).
1. District No. }.24 consists of a portion of one
parccL The development will consist of 60 units
of senior rental housing. The market value of
non-assisted housing or commercial property will
be less than 20% ofthe total fair market value of
the planned improvements. The development in
DistriotNo. 1-24 will consist entirely of housing
facilities which meet all of the rent and income
limitations for a low. income housing credit under
section 42 of the Internal Revenue Code of 1986.
2. Finding that the proposed
development, in the opinion of the
City Council, would not
roasonably be expected to occur
solely through priVAte investment
within the reasonably foreseeable
future and, therefore, the use of
tax increment financing is deemed
necessary.
3. Finding that the Tax Increment
Financing Plan for District No. 1-
24 conforms to the general plan for
the development or redevelopment
of the municipality as a whole
4. Finding that the Tax Increment
Financing Plan for Distt'ict No.1-
24 will afford maximum
opportunity, consistent with the
sound needs of the City as a whole,
for the development or
redevelopment of Central
Monticello Redevelopment Project
No. 1 by private enterprise
2. The City has determined that, in view of reduced
revenues from a housing facility intended for
occupancy by low and moderate income persons,
the development proposed in the Plan would not
be tinancially feasible without substantial public
assistanoe, including tax exempt bonds and tax
increment financing. In making this finding, the
City has relied. upon the developer's pro forma
submitted to the City and Authority, requirements
of other state and local assistance to the
development, and analysis of the need for tax
increment assistance prepared by Ehlers and
Associates and on file in City Hall.
J. The Plan was reviewed by the Planning
Commission on August 4, 1998. The Planning
Commission found that the Plan conforms to the
general development plan of the City.
4. Through the implementation of the Plan, the City
or liRA will increase the tax base of the City, and
will increase the availability of safe and decent
life-cycle housing in the City.
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HRA AGENDA
AUGUST 5, 1998
6. Consideration of an update the community center project: Cost estimates and funding.
A. Reference and Back2round:
Rusty Fifield, Ehlers & Associates, will be present for an update of the cost estimates and
funding for the community center project. The purpose of the update is to get all
individuals on the same page prior to start of the bidding process. Enclosed is a copy of
the estimates and the process.
No action is required of the HRA at this time.
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HRA AGENDA
AUGUST 5, 1998
7. Consideration to review the Operating Agreement for the Community Center between the
City and the National Guard.
A. Reference and Background:
Although the HRA is not a party to the Operating Agreement, Attorney Greensweig felt it
was important for commissioners to review the context of the agreement since the BRA
will issue the bonds. City Council previously reviewed the draft copy. Attorney
Greensweig will present a brief overview. No formal action by the HRA is required.
Attached to the agenda is a copy of the document.
1
Kennedy
470 Pillsbury Center
200 South Sixth Street
Milllleapolis MN 'j'jIJ02
((,12) yq.')JOO lelepholle'
(612) .3.37-')jIO fax
<:-llIail: altY'~ilkefllledy-gr"v<:ll.u'llI
..
H A R .T ERE D
July 27, 1998
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DANIEL J. GREENSWEIG
Attorney at Law
Direct Dial (612) 337-9231
e-mail: dgreensweig@kennedy-graven.com
Ollie Koropchak
P.O. Box 1147
250 East Broadway
Monticello, MN 55362
BY U.S. MALL
Dear Ollie:
Enclosed is a copy of the latest draft of the operating agreement. It is different in some respects
from the one reviewed by the city council, in that it contains revisions to things such as the
percentage split of operating costs. The Armory Commission has not yet responded to the city
council's proposed changes to the right of tirst refusal, and no change has been made to that
section.
.
I will plan to attend the August 5, 1998 HRA meeting at 7;00 and will give the BRA
Commissioners a brief overview of the document and attempt to answer their questions. The HRA
does not need to take any formal action with regard to the document, as it is not a party to it.
Nevertheless, given the HRA's tinancial involvement, the Commissioners should have the chance
to review it.
If you have any questions, or if you would like anything further for the meeting, please let me
know.
Sincerely,
leI .
DJG:sms
Enclosure
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DJG-136077
MN 190-66
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Second Draft
. July 7, 1998
DEVELOPMENT AGREEMENT
By and Between
CITY OF MONTICELLO, MINNESOTA
and
MINNESOTA STATE ARMORY BUILDING COMl\1ISSION
.
Dated as of:
This document was drafted by:
KENNEDY & GRA YEN, CHARlERED
470 Pillsbury Center
200 South Sixth Street
Minneapolis, Minnesota 55402
Telephone: 337-9300
.
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DEVELOPMENT AGREEMENT
This Development Agreement is made this _ day of , 1998, by
and between THE CITY OF MONTICELLO, a municipal corporation under the laws of Minnesota
(the "City") and the MINNESOTA STAlE ARMORY BUILDING COMMISSION, a public
corporation under the laws of Minnesota (the "Commission").
WITNESSETH:
WHEREAS, the Commission desires to construct and operate a National Guard armory
facility on a site within the City and legally described at Exhibit A (the "Property"); and
WHEREAS, the City desires to construct and operate a city hall, a multipurpose community
center, and an aquatics facility on the Property; and
WHEREAS, the City and the Commission have determined that it is more cost-effective
and efficient, and generally improves the public health, safety, general welfare, and morals to enter
into an agreement by which they can share certain costs, responsibilities, and facilities; and
WHEREAS, the City and the Commission have authority to enter into this agreement
pursuant to Minnesota Statutes, Chapter 193 and Minnesota Statutes, Section 471.59.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
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ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Annory" means the portion of the Project so described on the Construction Plans.
"Authority" means the Housing and Redevelopment Authority in and for the City of
Monticello, Minnesota.
"Bond Documents" means the lease, ground lease, indenture, and any other documents
deemed necessary or desirable by the Authority for the issuance of the Bonds.
"Bonds" means the lease revenue bonds to be sold by the Authority for the purpose of
partially fmancing the Project.
"City" means the City of Monticello, Minnesota.
"City Facilities" means the portion of the Project so described on the Construction Plans.
"Commission" means the Minnesota State Annory Building Commission.
"Construction Plans" means the plans, specifications, drawings, and related documents on
the construction work to be perfonned on the Property and attached as Exhibit B.
"Event of Default" means an action listed in Article IX of this Agreement.
"Maturity Date" means the date that the Bonds have been paid in full, redeemed, or
defeased.
"Parcel I" means the real property described as such in Exhibit A of this Agreement. After
construction of the Project, the tenn means Parcel I as so improved.
"Parcel 2" means the real property described as such in Exhibit A of this Agreement. After
construction of the Project, the tenn means Parcel 2 as so improved.
"Project" means construction of a building consisting of a National Guard armory, a city
hall, an aquatics facility, a senior center, a gymnasium, meeting rooms, a parking lot, and related
facilities, all as shown on the Construction Plans, and is comprised of the Annory, the City
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Facilities, and the Shared Facilities.
"Property" means the real property described as such in Exhibit A of this Agreement and is
comprised of Parcel 1 and Parcel 2. After construction of the Project, the term means the Property
as so improved.
"State" means the State of Minnesota.
"Unavoidable Delays" means delays beyond the reasonable control of the party seeking to
be excused as a result thereof.
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ARTICLE IT
Revresentations and Warranties
Section 2.1. Representations by the City. The City represents and warrants that it has the
power to enter into this Agreement and carry out its obligations hereunder.
Section 2.2. Representations and Warranties by the Commission. The Commission
represents and warrants that it has the power to enter into this Agreement and carry out its
obligations hereunder.
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ARTICLE III
Status of Property;
Land Acquisition; Finandn2:
Section 3.1. Status of the Propertv. As of the date of this Agreement, the Property is owned
by third parties. Pursuant to the terms of this Agreement, the City shall acquire fee title to the
Property, through purchase or condemnation or both, and convey Parcel 2 to the Commission.
Section 3.2. Proiect Costs. (a) The estimated costs of acquiring the Property are $525,000.
These costs are hereby defined as the "Land Acquisition Costs. "
(b) The estimated costs of designing and constructing the Project are $8,500,000. These
costs are hereby defmed as the "Project Costs."
Section 3.3. Conditions of Acquisition and Conveyance The purchase price paid to the
City by the Commission for Parcel 2 shall be $1.00 (the "Purchase Price"), payable in cash, check,
warrant, or the equivalent on the Closing Date (as defmed in Section 3.7).
Section 3.4. Title Matter The City shall, within a reasonable time after acceptance of this
Agreement, furnish an abstract of title and a registered land survey for Parcel 2 certified to date to
include proper searches covering bankruptcies, state and federal judgments and liens. Each party
shall pay an equal share of the cost of the survey. The Commission shall be allowed 20 business
days after receipt for examination of title and making any objections, which shall be made in
writing or deemed waived. If any objection is made, the City shall be allowed 20 business days
after receipt to undertake to cure such objections, provided that the City shall have no obligation to
take any action to clear to do so. If the City fails to cure objections within 20 days after receipt of
the Commission's written objections, the Commission may: (a) commence condemnation
proceedings, at its own expense, to cure such objections; or (b) take title subject to such objections.
Section 3.5. Conditions to Closing. The closing of the transaction contemplated by this
Agreement and the obligation of the City to sell Parcel 2 and of the Commission to purchase Parcel
2 shall be subject to the terms and conditions of this Agreement, including without limitation the
following conditions:
(a) The City shall have acquired fee title to the Property.
(b) The Commission shall have reviewed and approved title to Parcel 2 pursuant to
Section 3.4 herein.
Section 3.6. Environmental and Soil mvestigation and Conditions. (a) Each party
acknowledges that the other party makes no representations or warranties as to the condition of the
soils on the Property or its fitness for construction of the Project, or any part thereof, or any other
purpose for which the parties may make use of the Property.
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(b) Each party agrees that it will indemnify, defend, and hold harmless the other party,
and its governing body members, officers, agents, and employees, from any claims or actions
arising out of the presence, if any, of hazardous wastes or pollutants on the Property to the extent
that such presence is caused by the intentional or negligent actions or failures to act of the
indemnifying party. To the extent that such presence is caused by the acts or failures to act by third
parties, the City and the Commission shall cooperate with each other in any efforts to pursue
recovery from such third parties and shall each pay an equal share of any remediation not paid by
persons not a party to this Agreement.
Section 3.7. Closing. (a) The closing shall take place at the offices of the City on a date
mutually agreed upon by the parties but in no case later than , 199_ (the "Closing
Date").
(b) On the Closing Date, the City shall deliver to the Commission possession of Parcel
2, and shall execute and deliver to the Commission:
(i) All documents required to be executed and delivered under this Agreement;
and
(ii) A duly executed quit claim (the "Deed") in substantially the form set forth at
Exhibit C. The Deed shall be in recordable form and shall be promptly recorded in the
proper office for the recordation of deeds and other instruments pertaining to Parcel 2. The
Commission shall pay all closing and recording costs, including any State Deed Tax in
connection with the conveyance of Parcel 2.
(c) On the Closing Date, the Commission shall pay to the City the purchase price set
forth in Section 3.3. and shall execute and deliver to the City all documents required to be executed
and delivered under this Agreement.
Section 3.8. Land Acquisition and Proiect Financing. The Commission and the City agree
that Land Acquisition Costs and Project Costs shall be financed through the following means:
(a) The initial $1,500,000 shall be paid by the Commission from the Commission's cash
reserves. This $1,500,000 shall be paid by the Commission to the City within 21 days of execution
of this Agreement and used by the City, subject to Section 9 .9(b);
(b) Any amount by which the combined Land Acquisition Costs and Project Costs
exceeds $1,500,000 shall be paid by the City from cash reserves held by the City, proceeds from the
sale of the Bonds, other sources deemed acceptable in the sole discretion of the City, or any
combination of the foregoing.
Section 3.9. Records. The City and the Commission may each at all reasonable times, after
reasonable notice, inspect, examine, and copy all books and records of the other party relating to the
Project Each party shall use its best efforts to cause the Project's contractor or contractors, all
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subcontractors, and their agents and lenders to make their books and records relating to the Project
available to the parties upon reasonable notice, for inspection, examination, and audit.
Section 3.10. Lease of Armory Space. (a) Pursuant to the terms and conditions of this
Section 3.10 (the "Lease"), the City shall lease from the Commission the second floor of the
Armory (the "Premises").
(b) The City shall pay to the Commission an annual rent of $1.00, payable in advance
on or before January 1 of each year this Lease is in effect.
(c) The Lease shall commence on the date that construction of the Project is
complete.
(d) The Lease shall be for a period of one year and shall remain in effect on a yearly
basis, provided that the City may terminate the Lease at any time and for any
reason, or for no reason at all, by providing the Commission with 90 days advance
written notice.
(e) The City may use the Premises for any purpose reasonably related to the City's
normal operations.
(1)
The City may, at its sole discretion (subject only to a right of first refusal identical
in terms to the right of first refusal set forth in Exhibit E to this agreement), lease,
assign, sell, or otherwise transfer its interest in the Lease to any person.
(g) Except for the City's rights under this Section 3.10, the Premises shall be
considered and treated in all other regards in the same manner as the remainder of
the Armory for the purposes of this Agreement, and the Commission's
responsibilities for the Premises shall be the same for the Premises as it is for the
remainder of the Armory, except that the City shall be responsible for paying all
telephone, cable television, satellite hook-ups, and other communication services
to the Premises as set forth in Section 6.3(d) of this Agreement.
(h) Notwithstanding anything to the contrary contained in this Agreement, and not in
limitation of any other provision of this Agreement, this Section 3.10 shall survive
any termination of this Agreement and shall be binding on the Commission's
successors and assigns.
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ARTICLE IV
Construction of Minimwn Improvements
Section 4.1. Project Construction. The Project shall be constructed substantially in
compliance with the Construction Plans. Neither party shall make or authorize any material change
to the Construction Plans without the prior written authorization of the other party and the
Authority, provided that such authorization shall not be unreasonably withheld.
Section 4.2. Commencement and Completion of Construction. Subject to Unavoidable
Delays, construction of the Project shall commence by January I, 1999.
Section 4.3. Certificate of Comoletion. Upon the request of a party, the other party shall
provide a certificate in recordable form that shall be a conclusive determination of the certifying
party's satisfaction and termination of the agreements and covenants in this Agreement with respect
to the construction of the Project.
Section 4.4. Project Management; Change Orders. (a) The Commission acknowledges
and agrees that the City shall act as agent for the Commission in hiring and overseeing architects,
engineers, contractors, and all other persons or entities necessary to construct the Project. The
Commission further acknowledges and agrees that notwithstanding this delegation to the City of
certain authority, the Commission shall have the right to review and request changes to the
Construction Plans and the implementation thereof, subject to the terms and conditions of this
Agreement.
(b) Any increase in the Project Costs arising from a change in the Construction Plans
requested by a party to this Agreement shall be the responsibility of the party requesting the change.
If the change is mutually requested by the parties, each party shall bear an equal portion of the
increase in the Project Costs.
(c) Notwithstanding the Commission's delegation of authority to the City pursuant to
Section 4.4(a), neither party shall have any liability or other obligation to the other party, or such
other party's successors or assigns, for any defect in the Construction Plans, the Project, or any part
thereof, except to the extent that such defect is the direct result of the gross negligence or
intentional misconduct of the party against whom liability is claimed; provided, that nothing in this
Section 4.4(c) is intended to create any right in any person not a party to this Agreement, except the
Authority, pursuant to Section 9.8 of this Agreement; and provided further that nothing in this
Section 4.4(c) is intended to waive any immunity or limitation on liability to which either party to
this Agreement is entitled under law, except as to the Authority.
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ARTICLE V
Insurance and Condemnation
Section 5.1. Insurance. (a) At all times prior to the Maturity Date, the parties shall carry and
maintain casualty, public liability, property damage, workers compensation, and other insurance
with respect to the Property and the Project in such amounts and in such forms as may be set forth
in the Bond Documents. In addition, each party shall comply with any and all requirements in the
Bond Documents regarding the use or uses of proceeds from such insurance.
(b) Nothing in this Section 5.1 shall be construed as prohibiting either party from self-
insuring to the fullest extent permitted by law, subject to any contrary requirements set forth in the
Bond Documents.
Section 5.2. Condemnation. At all times prior to the Maturity Date, any awards in
condemnation shall paid and used as set forth in the Bond Documents, except that this Section 5.2
shall not limit the rights of the City as to the Commission or the Commission as to the City if one
party to this Agreement initiates condemnation proceedings against the other.
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ARTICLE VI
Operations and Maintenance
Section 6.1. Maintenance and Repairs. (a) The City shall be responsible for the
following routine maintenance of the exterior and interior of the Project (except those parts of the
Armory that the Commission does not make accessible to the City):
(i) janitorial and cleaning services, provided that the Commission shall return
the Shared Facilities to reasonably good condition after using them;
(ii) light bulb replacement, painting, minor carpentry and masonry, and similar
tasks.
(b) Each party shall be responsible for the cost of any repairs or maintenance required
by that party's negligence or misconduct.
(c) Each party acknowledges and agrees that certain nonroutine maintenance and capital
repairs, including but not limited to roof repairs, mechanical repairs, and plumbing and wiring
repairs will be necessary to maintain the Project in a serviceable and desirable condition. Any
repair or reconstruction of the Project estimated to cost more than $5,000 shall be deemed
nonroutine maintenance or capital repairs for purposes of this Section 6.1 (c). Each party therefore
agrees that such nonroutine maintenance and capital repairs will be undertaken upon the earlier of
the following: (i) as required by the Bond Documents; (ii) by mutual agreement of the parties; (iii)
when required by federal, state, or local law, rule, or regulation; or (iv) when deemed reasonably
necessary by at least two persons qualified in making the repair or reconstruction in question. The
Commission shall pay 10% of the cost of all nonroutine maintenance or capital repairs and the City
shall pay 90% of the cost of all nonroutine maintenance or capital repairs.
Section 6.2. Grounds Maintenance and Landscaping; Snow Removal. The City shall be
responsible for maintenance of the grounds and landscaping of the Property and for removal of
snow from all parking lots, sidewalks, and other appropriate areas of the Property.
Section 6.3. Utilities. (a) The City shall be responsible for providing or contracting for gas,
water, sewer, air conditioning, and solid waste hauling.
(b) The City shall be responsible for providing electrical service to the City Facilities
and the Shared Facilities and for all charges related thereto.
(c) The Commission shall be responsible for providing electrical service to the Armory
and for all charges related thereto.
(d) The City may, but is not required to, provide telephone, cable television, satellite
hook-ups, and other communications services to the City Facilities, the Shared Facilities, and the
Premises, at its own cost.
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(e) The Commission may, but is not required to, provide telephone, cable television,
satellite hook-ups, and other communication services to the Armory Facilities (except the Premises)
at its own expense.
(f) If either party uses the other party's telephone, satellite hook-ups or other
communication services, it shall first gain consent and shall pay the incremental cost of such use.
Section 6.4. Furnishings. (a) The City shall be responsible for furnishing and supplying
the City Facilities and the Shared Facilities and shall have sole use and ownership of such
furnishings and supplies, provided that the Commission may acquire furnishings or supplies for the
Shared Facilities and shall have sole use and ownership of such furnishings and supplies.
(b) The Commission shall be responsible for furnishing and supplying the Armory and
shall have sole use and ownership of such furnishings and supplies.
Section 6.5. Use of Facilities; Scheduling. (a) The City shall at all times have sole
ownership, use, and control of the City Facilities.
(b)
Annory.
The Commission shall at all times have sole ownership, use, and control of the
(c) Use of the Shared Facilities shall be in accordance with the following terms and
conditions:
(i) The Commission shall, on or before June 15 of every year provide the City
with a list of days during the October through September immediately next on
which the Commission shall use the Shared Facilities. In no case shall this list
include more than 30 days in any calendar year. On those days included on such
list, the Commission shall be entitled to sole use and control of the Shared Facilities,
provided that it may in its discretion permit the City to also used the Shared
Facilities on such days. In addition, and without limitation of the foregoing, the
Commission shall be entitled to sole use and control of the Shared Facilities when
such use and control is necessary or reasonably desirable because of an "emergency"
or "disaster" as such terms are defmed by state or federal law. ((BOB NEED
YOUR LANGUAGE).
(ii) The City shall be entitled to sole use and control of the Shared Facilities on
all days on which the Commission is not entitled to use and control of the Shared
Facilities pursuant to Section 6.5(c)(i).
(iii) During any day on which the City is entitled to sole use and control of the
Shared Facilities pursuant to Section 6.5(c)(ii), or when otherwise permitted by the
Commission, the City may rent or lease the Shared Facilities to any person for a
period not to exceed 31 days and shall be entitled to all lease or rental payments
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from such person.
(iv) At such times that the Shared Facilities are not being used by the City, or its
tenants or lessees pursuant to Section 6.5(iii) and the Commission is not otherwise
entitled to use the Shared Facilities, the Commission may, upon notice to the city,
use the Shared Facilities for meetings, tours, and other similar activities, provided
that such use is on an occasional, intermittent basis and the City, in its sole
discretion, does not determine that such use interferes with its sole use and control
of the Shared Facilities.
(v) Nothing in this Agreement shall be construed as in any way limiting the
City's ownership of Parcel 2 or the Shared Facilities, which shall remain in fee title
ownership by the City, except that the Commission may use and control the Shared
Facilities to the extent and only to the extent set forth in this Section 6.6(c).
Section 6.6. Pavrnent of Taxes: Special Assessments. The City and the Commission agree
that if all or a portion of the Property or the Project at any time becomes subject to real estate taxes
or special assessments, such taxes and assessments, shall be allocated between the City and the
Commission in the following manner:
(a) All real estate taxes and special assessments properly assessed against or otherwise
attributable to the Armory shall be paid by the Commission.
(b) All real estate taxes and specials assessments properly assessed against or otherwise
attributable to the City Facilities shall be paid by the City.
(c) All real estate taxes and special assessments properly assessed against or otherwise
attributable to the Shared Facilities shall be paid by the City and the Commission in the following
proportions:
(i) Ten percent (10%) of such taxes shall be paid by the Commission; and
(ii) Ninety percent (90%) shall be paid by the City.
(d) Notwithstanding the foregoing, if real estate taxes are assessed against all or a portion of the
property or the Project because of the activities of a party to this Agreement or its successors or
assigns, the responsible party shall be solely responsible for such taxes.
Section 6.7. Renegotiation of Operating: Agreement. (a) Upon the earlier of five (5) years
of the date of this Agreement or the Maturity Date, the City and the Commission shall enter into
negotiations concerning an operating agreement intended to extend or amend the provisions of this
Article VII, such agreement to include at least the matters set forth in this Article VI and to
incorporate as accurately as possible the actual pro rata costs of operating and maintaining the
Project and the Property.
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(b) This Article VI shall survive any termination of this Agreement that occurs
subsequent to the commencement of construction of this Project, and shall not terminate without
the mutual written consent of the City and the Commission.
(c) The terms, conditions, rights, and responsibilities set forth in this Article VI may not
be waived, terminated, amended, or superseded prior to the Maturity Date without the express
written consent of the Authority.
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ARTICLE vm
Prohibitions A2ainst Assi2llment and Transfer; Indemnification
Section 7.1. Prohibition Against Transfer and Assignment Prior to Maturitv Date. Prior to
the Maturity Date, neither party has made or created nor shall make or create or suffer to be made or
created any total or partial sale, assignment, conveyance, or lease (except NEED PARTY TO
WHOM COMMISSION WILL TRANSFER OWNERSHIP provided that such transferee or
assignee shall be bound by this Agreement) or any trust or power, or transfer in any other mode or
form of or with respect to the Agreement or the Property or the Project or any part thereof or any
interest therein, or any contract or agreement to do any of the same, without the prior written
approval of the other party and the Authority.
Section 7.2. Conditions Of Transfer and Assignment Subsequent to Maturity Date.
Subsequent to the Maturity Date, the City may sell, assign, convey, or lease Parcel 1 and the
Commission may sell, assign, convey, or lease Parcel 2 and the improvements thereon subject to
the following terms and conditions:
(a) Any such sale, assignment, conveyance, or lease (except a lease or rental of not
more than 31 days) is subject to the rights of ftrst refusal set forth in the Right of First Refusal -
Commission Property set forth at Exhibit D and the Right of First Refusal - City Property set forth
at Exhibit E (the "Rights of First Refusal ").
(b) If the other party to this Agreement does not exercise its right of ftrst refusal set
forth in the Rights of First Refusal, a party to this Agreement may sell, assign, convey, or lease all
or part of its interest in the Property in accordance with the provisions of the Rights of First
Refusal; provided, however, the terms of this Agreement shall remain binding on the successor or
assignee of the transferring party.
Section 7.3. Rights of First Refusal. Prior to or simultaneously with execution of this
Agreement, the City and the Commission shall execute the Rights of First Refusal in the forms set
forth at Exhibit D and Exhibit E. Such Rights of First Refusal shall be recorded with the Wright
County recorder. The City and the Commission shall each pay one-half the costs for recording.
Section 7.4. Release and Indemniftcation. In addition to any other release and
indemniftcation provisions set forth in this Agreement:
(a) The parties to this Agreement agree, now and forever, to indemnify, protect, and defend
each other, and the governing body members, offtcers, agents, servants and employees thereof, now
or forever, and hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding by any person or entity arising or purportedly arising from the act or failure to act by the
indemnifying party with regard to this Agreement, the Project, or the Property; provided, however,
that nothing in this Agreement shall be construed to waive any limitations on liability to which the
City or the Commission are entitled under Minnesota Statutes, Chapter 3 or, Chapter 466, or
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otherwise, except as between each other; and provided further, that nothing in this Section 7.4(a)
shall be construed to create any right or entitlement in any person not a party to this Agreement,
except as to the Authority as provided in Section 704(b). The obligations set forth in this Section
704(a) shall survive termination of this Agreement.
(b) The City and the Commission, respectively, agree, now and forever, to indemnify,
protect, and defend the Authority, and the governing body members, officers, agents, servants and
employees thereof, now or forever, and hold the aforesaid harmless from any claim, demand, suit,
action or other proceeding by any person or entity arising or purportedly arising from the act or
failure to act by the City or the Authority, respectively, with regard to this Agreement, the Project,
or the Property; provided, however, that nothing in this Section 7 o4(b) shall be construed to waive
any limitations on liability to which the City or the Commission are entitled under Minnesota
Statutes, Chapter 3, Chapter 466, or otherwise, except as to the Authority; and provided further, that
nothing in this Agreement shall be construed to create any right or entitlement in any person not a
party to this Agreement, except as to the Authority as provided in this Section 704(b). The
obligations set forth in this Section 7 o4(b) shall survive termination of this Agreement.
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ARTICLE vm
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Events of Default
Section 8.1. Events of Default Defined. The following shall be "Events of Default" under
this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement
(unless the context otherwise provides), any failure by any party to observe or perform any other
covenant, condition, obligation, or agreement on its part to be observed or performed hereunder.
Section 8.2. Remedies on Default. Whenever' any Event of Default referred to in Section
8.1 of this Agreement occurs, the non-defaulting party may exercise its rights under this Section 8.2
after providing thirty days written notice to the defaulting party of the Event of Default, but only
subject to Section 9.7(b) of this Agreement and only if the Event of Default has not been cured
within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the
defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that
the Event of Default will be cured and will be cured as soon as reasonably possible:
(a) suspend its performance under this Agreement until it receives assurances that the
defaulting party will cure its default and continue its performance under this Agreement; and
(b) take whatever action, including legal, equitable or administrative action, which may
appear necessary or desirable to collect any payments due under this Agreement, or to enforce
. performance and observance of any obligation, agreement, or covenant under this Agreement.
Section 8.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the
City or the Commission in this Agreement is intended to be exclusive of any other available remedy
or remedies, but each and every such remedy shall be cumulative and shall be in addition to every
other remedy given under this Agreement or now or hereafter existing at law or in equity or by
statute. No delay or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver thereof, but any such right and power
may be exercised from time to time and as often as may be deemed expedient. In order to entitle
either party to exercise any remedy reserved to it, it shall not be necessary to give notice, other than
such notice as may be required in this Article VIII.
Section 8.4. No Additional Waiver hnplied bv One Waiver. In the event any agreement
contained in this Agreement should be breached by either party and thereafter waived by the other
party, such waiver shall be limited to the particular breach so waived and shall not be deemed to
waive any other concurrent, previous or subsequent breach hereunder.
.
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ARTICLE IX
Additional Provisions
Section 9.1. Conflict of Interests: Citv and Commission Reoresentatives Not Individuallv
Liable. The City and the Commission, to the best of their respective knowledge, represent and
agree that no member, official, or employee of the City or the Commission shall have any personal
interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee
participate in any decision relating to this Agreement which affects his or her personal interests or
the interests of any corporation, partnership, or association in which he or she is, directly or
indirectly, interested. No member, official, or employee of the City or the Commission shall be
personally liable in the event of any default or breach by the City or the Commission or for any
amount which may become due to any person or on any obligations under the terms of this
Agreement.
Section 9.2. Provisions Not Merged With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the Property
and any such deed shall not be deemed to affect or impair the provisions and covenants of this
Agreement.
Section 9.3. Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of this Agreement are inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 9.4. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under this Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally; and
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at ;and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 55362-9245, Attn: City Administrator;
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Section.
(c) Prior to the Maturity Date, any notice given or delivered under this Agreement shall
be copied to the Authority at City Hall, P.O. Box 1147, Monticello, MN 55362-9245, Attn:
Executive Director.
Section 9.5. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
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Section 9.6. Recording. The City shall record this Agreement and any amendments thereto
with the Wright County recorder. The City and the Commission shall each pay one-half the costs
for recording.
Section 9.7. Choice of Law and Venue; Alternative Dispute Resolution. (a) This
Agreement shall be governed by and construed in accordance with the laws of the state of
Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in
the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the
jurisdiction of these courts, whether based on convenience or otherwise.
(b) Prior to the commencement by one party of litigation against the other party, the
City and the Commission shall follow the process set forth in this Section 9.7(b):
(i) The City Administrator and the commanding officer stationed at the Armory
shall attempt in good faith to resolve any controversy or claim arising out of or
relating to this Agreement.
.
(ii) If the City Administrator and the commanding officer stationed at the
Armory are unable to resolve the controversy or claim, the disputing party shall give
the other party written notice of the dispute. Within twenty days after receipt of said
notice, the receiving party shall submit to the other a written response. The notice
and response shall include a statement of each party's position and a summary of the
evidence and arguments supporting its position. Representatives of the parties shall
meet at a mutually acceptable time and place within thirty days of the date of the
disputing party's notice and thereafter as often as they reasonably deem necessary to
exchange relevant information and to attempt to resolve the dispute.
(iii) If the matter has not been resolved within sixty days of the disputing party's
notice, or if the party receiving said notice will not meet within thirty days, either
party may initiate mediation of the controversy. or claim in accordance with any
mutually satisfactory procedures.
(iv) If the matter has not been resolved pursuant to the aforesaid mediation
procedure within sixty days of the initiation of such procedure, or if either party will
not participate in mediation, the parties may mutually agree to continue negotiations
or either party may commence litigation or take any other action permitted under of
this Agreement.
.
(v) The procedures specified in this section shall be the sole and exclusive
procedures for the resolution of disputes between the parties arising out of or
relating to this agreement; provided, however, that a party may seek a preliminary
injunction or other preliminary judicial relief if in its judgment such action is
necessary to avoid irreparable damage. Despite such action the parties will continue
to participate in good faith in the procedures specified in this section. All applicable
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statutes of limitation shall be tolled while the procedures specified in this section are
pending. The parties will take such action, if any, required to effectuate such tolling.
(vi) Nothing in this Section 9.7(b) shall be construed as binding on the
Authority, which may at any time commence litigation or take any other action it
deems necessary to protect its rights under this Agreement, including without
limitation the rights set forth at Section 9.8.
Section 9.8. Third-Partv Rights. Nothing in this Agreement shall be construed to create any
third-party rights in any person not a party to the Agreement; provided, however, that the Authority
shall, at all times prior to the Maturity Date, have the right, but not the obligation, to enforce any
right or obligation granted to either party pursuant to this Agreement, the Right of First Refusal
Agreements, the Deed, or any other agreement between the City and the Commission relating to the
Project or the Property. The City and the Commission hereby agree that they may not in any way
waive, limit, amend, modify, or eliminate the Authority's rights under this Agreement without the
express written consent of the Authority.
Section 9.9. Amendment and Termination of Agreement. (a) During the period
commencing on the earlier date the Authority authorizes issuance of the Bonds or the date on which
the City acquires any part of the Property, and terminating on of the Maturity Date, this Agreement
may not be terminated, amended, or modified without the mutual written agreement of the parties
and the written approval of the Authority.
(b) Except as provided in Section 9.9.(a), this Agreement may be modified or
terminated upon the written agreement of the parties, provided that if this Agreement is terminated
prior to completion of construction of the Project in accordance with the Construction Plans but
subsequent to the Commission's payment to the City of $1,500,000 pursuant to Section 3.8, the City
shall return to the Commission all of such funds not expended on Land Acquisition Costs or Project
Costs plus an amount equal to 90% of all of such funds so expended.
Section 9.10. Severability. Any term or provision of this Agreement which is found to be
invalid or unenforceable by a court or other authority of competent jurisdiction will be ineffective
only to the extent of such invalidity or unenforceability and shall not render any other term or
provision of this Agreement invalid or unenforceable.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on
or as of the date first above written.
CITY OF MONTICELLO, MINNESOTA
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA ).
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 1998 by and
Mayor and City Administrator of the City of Monticello, Minnesota, on behalf of the City.
day of
, the
Notary Public
MINNESOTA STATE
ARMORY BUILDING COMMISSION
By
Its
By
Its
STATEOFMINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by and , the and of the Minnesota State Armory
Building Commission.
Notary Public
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NEED LEGAL DESCRIPTIONS
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EXHffiIT A
PROPERTY
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EXHffiIT C
QUIT CLAIM DEED
TI:IIS lNDENTURE, between the City of Monticello, Minnesota, a statutory city and
municipal corporation under the laws of Minnesota (the "Grantor"), and Minnesota State Armory
Building Commission, a public corporation under the laws of Minnesota (the "Grantee").
WITNESSETH, that Grantor, in consideration of the sum of one dollar and noll 00 ($1.00)
and other good and valuable consideration the receipt whereof is hereby acknowledged, does
hereby grant, bargain, quitclaim, and convey to the Grantee, its successors and assigns forever, all
the tract or parcel of land lying and being in the County of Wright and State of Minnesota described
as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"):
NEED PARCEL 2 LEGAL DESCRIPTION
To have and to hold the same, together with all the hereditaments and appurtenances thereunto
belonging in anyway appertaining, to the said Grantee, its successors and assigns, forever,
Provided:
SECTION 1.
This Deed is subject to the covenants, conditions, restrictions, and provISIOns of an
agreement entered into between the Grantor and Grantee on the _ day of
199_ identified as "Development Agreement" by and between City of Monticello, Minnesota
and Minnesota State Armory Building Commission.
SECTION 2.
This Deed is also given subject to provisions of the ordinances, building, and zoning laws of
the City of Monticello and state and federal laws and regulations to the extent that they affect the
Property.
Grantor certifies that it does not know of any wells on the Property.
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IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its Mayor and City Administrator and has caused its corporate seal to be hereunto affixed
this day of ,199__
CITY OF MONTICELLO
By
Its Mayor
By
Its City Administrator
STATEOFMINNESOTA )
) SS
COUNTY OF )
On this _ day of , 199_, before me, a Notary Public within and for
County, personally appeared and to
me personally known who by me duly sworn, did say that they are the Mayor and City
Administrator of the City of Monticello named in the foregoing instrument; that the seal affixed to
said instrument is the seal for said City; that said instrument was signed and sealed on behalf of the
City pursuant to a resolution of its governing body; and said and
acknowledged said instrument.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
'1~d- \0
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EXHIBIT D
RIGHT OF FIRST REFUSAL AGREEMENT. COMMISSION PROPERTY
This Right of First Refusal Agreement is made this _ day of , 1998, by
and between TI-IE CITY OF MONTICELLO, a municipal corporation under the laws of Minnesota
(the "City") and the MINNESOTA STATE ARMORY BUILDING COMMISSION, a public
corporation under the laws of Minnesota (the "Commission").
Recitals
A. The Commission is the fee owner of certain real estate (the "Property") legally described as
follows:
NEED LEGAL DESCRIPTION OF PARCEL 2
B. The City and the Commission have entered into that certain development agreement dated
, 1998 (the "Development Agreement") pursuant to which this Right of First
Refusal Agreement has been negotiated.
C. The City and the Commission desire to enter into this Right of First Refusal Agreement
concerning the Property.
Alrreement
1. Right of First Refusal. If the Commission shall receive a bona fide offer to
purchase, sell, transfer, lease or rent for a period of more than 31 days, or convey all or a portion of
the Property from a third party (the "Third Party Offer"), the Commission shall not sell, transfer,
lease, or convey the Property pursuant to or in :~ection with the Third Party Offer without ~... ~ ~
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offering the City the first right to acquire the rights to the Property pursuant to the terms of the
Third Party Offer by complying with the provisions of this Agreement. The Commission shall
provide written notice to the City of the Third Party Offer within ten (10) days of the Commission's
receipt of the Third Party Offer, which notice shall include a complete copy of the Third Party
Offer. The City shall then have thirty (30) days after receipt of said notice to accept the terms of the
Third Party Offer by sending written notice of such acceptance to the Commission. In the event the
City shall accept the terms of the Third Party Offer, the Commission and the City shall close the
sale and purchase of the Property (or part thereof) or execute the lease or other appropriate
documents pursuant to all of the terms and conditions of the Third Party Offer, except that no
closing shall be required of the City sooner than sixty (60) days after acceptance by the City of the
Third Party Offer. In the event the City shall refuse to accept the terms of the Third Party Offer
(which refusal shall be conclusively established by the City's failure to accept in accordance with
the terms of this Paragraph), the Commission shall be entitled to sell transfer, lease, or convey the
Property (or the specified portion thereof) pursuant to the terms of the Third Party Offer. Any
deviation of the terms and conditions of the sale transfer, lease, or conveyance to the third party
from the terms and conditions of the Third Party Offer shall require a new notice to the City and
shall entitle the City to a new right of fIrst refusal on the terms of the modified or altered Third
Party Offer. Upon sale of the Property (or a portion thereof) pursuant to the terms a bona fIde Third
Party Offer for which the City has been provided notice and has refused to accept the offer in
accordance with the term hereof, the rights of the City with respect to the Property (or the portion
thereof sold) shall expire, except that such rights shall continue and revive at the expiration of any
lease or other temporary transfer or conveyance, and the City shall continue to have any rights
granted by the Development Agreement to the Premises (as defined in the Development
Agreement). In the event that only a portion Of:~:roperty is sold transferred, leased, or con;:;).t
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pursuant to the terms of this Agreement, the rights of the City hereunder shall continue and remain
unimpaired with respect to the remainder of the Property.
2. Term of Agreement. This Agreement shall expire on such date as the Commission
no longer has fee title to the Property, provided that such termination shall not affect the rights with
respect to a Third Party Offer made prior to said date.
3. Notice. Except as otherwise expressly provided in this Agreement, a notice,
demand, or other communication under this Agreement by either party to the other shall be
sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally; and
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at
; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 55362-9245, Attn: City Administrator;
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Paragraph 3.
4. Assignment. The terms and conditions of this Agreement are hereby made binding
on the successors and assigns of the parties hereto.
5. Remedies. The Commission acknowledges that in the event that the Commission
shall breach its obligations hereunder, in addition to any remedies that may be available at law, due
to the unique nature of the Property and the City's rights hereunder, the City shall be entitled to
injunctive relief against any proposed sale in violation of the City's rights hereunder without the
necessity of posting any bond.
6. Third Party Rights. The Housing and Redevelopment Authority in and for the City
of Monticello, Minnesota (the "Authority") shall, during the time prior to the Maturity Date (as
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defined in the Development Agreement), have the right, but not the obligation, to enforce any right
or obligation granted to either party pursuant to this Right of First Refusal Agreement. The City
and the Commission hereby agree that they may not in any way waive, limit, or eliminate the
Authority's rights under this Agreement without the express written consent of the Authority.
[THE REMAINDER OF TillS PAGE IS INTENTIONALLY BLANK]
D-4
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IN WITNESS WHEREOF, the parties have caused this Right of First Refusal Agreement to
be duly executed on or as of the date first above written.
CITY OF MONTICELLO, MINNESOTA
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 1998 by and
Mayor and City Administrator of the City of Monticello, Minnesota, on behalf of the City.
day of
, the
Notary Public
MINNESOTA STATE
ARMORY BUrrDING COMMISSION
By
Its
By
Its
STATEOFMINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by and , the and of the Minnesota State Armory
Building Commission.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
D-5
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EXIDBIT E
RIGHT OF FIRST REFUSAL AGREEMENT - CITY PROPERTY
This Right of First Refusal Agreement is made this _ day of
, 1998, by
and between THE CITY OF MONTICELLO, a municipal corporation under the laws of Minnesota
(the "City") and the MINNESOTA STATE ARMORY BUILDING COMMISSION, a public
corporation under the laws of Minnesota (the "Commission").
Recitals
A. The City is the fee owner of certain real estate (the "Property") legally described as follows:
NEED LEGAL DESCRIPTION OF PARCEL 1
B.
The City and the Commission have entered into that certain development agreement dated
, 1998 (the "Development Agreement") pursuant to which this Right of First
Refusal Agreement has been negotiated.
C. The City and the Commission desire to enter into this Right of First Refusal Agreement
concerning the Property.
A2I"eement
1. Right of First Refusal. If the City shall receive a bona fide offer to purchase, sell,
transfer, lease, or convey all or a portion of the Property from a third party (the "Third Party Offer"),
the City shall not sell, transfer, lease or rent for a period of more than 31 days, or convey the
Property pursuant to or in connection with the Third Party Offer without first offering the
Commission the first right to acquire the rights to the Property pursuant to the terms of the Third
E-I 1--3"d-
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Party Offer by complying with the provisions of this Agreement. The City shall provide written
notice to the Commission of the Third Party Offer within ten (10) days of the City's receipt of the
Third Party Offer, which notice shall include a complete copy of the Third Party Offer. The
Commission shall then have thirty (30) days after receipt of said notice to accept the terms of the
Third Party Offer by sending written notice of such acceptance to the City. In the event the
Commission shall accept the terms of the Third Party Offer, the Commission and the City shall
close the sale and purchase of the Property (or part thereof) or execute the lease, or other
appropriate documents pursuant to all of the terms and conditions of the Third Party Offer, except
that no closing shall be required of the Commission sooner than sixty (60) days after acceptance by
the Commission of the Third Party Offer. In the event the Commission shall refuse to accept the
terms of the Third Party Offer (which refusal shall be conclusively established by the Commission's
failure to accept in accordance with the terms of this Paragraph), the City shall be entitled to sell,
transfer, lease, or convey the Property (or the specified portion thereof) pursuant to the terms of the
Third Party Offer. Any deviation of the terms and conditions of the sale, transfer, lease or
conveyance to the third party from the terms and conditions of the Third Party Offer shall require a
new notice to the Commission and shall entitle the Commission to a new right of first refusal on the
terms of the modified or altered Third Party Offer. Upon sale of the Property (or a portion thereof)
pursuant to the terms a bona fide TIrird Party Offer for which the Commission has been provided
notice and has refused to accept the offer in accordance with the term hereof, the rights of the
Commission with respect to the Property (or the portion thereof sold) shall expire, except that such
rights shall continue and revive at the expiration of any lease or other temporary transfer or
conveyance.. In the event that only a portion of the Property is sold, transferred, leased, or
conveyed pursuant to the terms of this Agreement, the rights of the Commission hereunder shall
continue and remain unimpaired with respect to the remainder of the Property.
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2. Term of Agreement. This Agreement shall expire on such date as the City no longer
has fee title to the Property, provided that such termination shall not affect the rights with respect to
a Third Party Offer made prior to said date.
3. Notice. Except as otherwise expressly provided in this Agreement, a notice,
demand, or other communication under this Agreement by either party to the other shall be
sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid,
return receipt requested; or delivered personally; and
(a) in the case of the Commission, is addressed to or delivered personally to the
Commission at
; and
(b) in the case of the City, is addressed to or delivered personally to the City at City
Hall, P.O. Box 1147, Monticello, MN 55362-9245, Attn: City Administrator;
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this Paragraph 3.
4. Assilmment. The terms and conditions of this Agreement are hereby made binding
on the successors and assigns of the parties hereto.
5. Remedies. The City acknowledges that in the event that the City shall breach its
obligations hereunder, in addition to any remedies that may be available at law, due to the unique
nature of the Property and the Commission's rights hereunder, the Commission shall be entitled to
injunctive relief against any proposed sale in violation of the Commission's rights hereunder
without the necessity of posting any bond.
6. Third Party Ri~hts. The Housing and Redevelopment Authority in and for the City
of Monticello, Minnesota (the "Authority") shall, during the time prior to the Maturity Date (as
defined in the Development Agreement), have the right, but not the obligation, to enforce any right
or obligation granted to either party pursuant to this Right of First Refusal Agreement.
The City ~
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and the Commission hereby agree that they may not in any way waive, limit, or eliminate the
Authority's rights under this Agreement without the express written consent of the Authority.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties have caused this Right of First Refusal Agreement to
be duly executed on or as of the date first above written.
CITY OF MONTICELLO, MINNESOTA
By
Its Mayor
By
Its City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
, 1998 by and
Mayor and City Administrator of the City of Monticello, Minnesota, on behalf of the City.
day of
, the
Notary Public
MINNESOTA STATE
ARMORY BUILDING COMMISSION
By
Its
By
Its
STATEOFMINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1998
by and , the and of the Minnesota State Armory
Building Commission.
Notary Public
This instrument was drafted by:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
(612) 337-9300
E-5
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HRA AGENDA
AUGUST 5, 1998
8. Consideration to accept a counter-offer for the property located at 225 Front Street.
A. Reference and Background:
COUNTER-OFFER: As you recall with the HRA agenda of July 1, commissioners
received copies of the correspondence between Attorney Peterson and the HRA. It was
anticipated the HRA would receive and consider a counter-offer at the July meeting. An
option agreement and purchase agreement was offered the Carlsons in November 1997,
the purchase offer price was $130,000 as is. The appraisal value was $165,000.
Enclosed is a copy of the counter-offer of July 24. The counter-offer is $179,500 as is,
closing on or before 18 months, City reimburse $300 survey fee, HRA responsible for all
closing fees, Carlson's allowed to remove certain residential items, Carlson's permitted to
use HRA garage at no cost, and Carlson's allowed to remove fallen trees. The "as is"
appears to be in conflict with request for remove of items and trees.
FUNDS AVAILABLE: Treasurer Wolfsteller reports as of June 30, 1998, the HRA
General Fund and TIP Fund had a total cash balance of$165,000.
HRA General and TIP Fund Cash balance
Pledged dollars for redevelopment acquisition
TOTAL CASH
$165,000
$ 35,000
$200,000
LESS COMMITMENTS
Industrial Reserve Fund
Hoisington
NAWCO
ScWief
TOTAL COMMITMENTS
$150,000
$ 15,000
$ 10,000
$ 20,000
$195,000
CASH LESS COMMITMENTS
$ 5,000
Additionally, the HRA agreed to $500 annually for Lake Tool 10% local contribution and
$10,000 toward one-half of Allied Companies 10% local contribution. Between April and
June, the HRA closed on the Hawkins property.
It appears for the HRA to consider a counter -offer at this time a loan from the city would
be necessary.
REDEVELOPMENT: The counter-offer is high and the HRA funds are low. Having
earlier heard a presentation from Brad Johnson and hearing input from the Parks
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HRA AGENDA
AUGUST 5, 1998
Commission and MCP relating to the proposed north anchor redevelopment project, the
HRA will need to determine the importance and uniqueness of this property to the
proposed project or the overall downtown and riverfront revitalization plan.
1. Is the parcel considered blight, substandard, or deteriorated?
2. Was the parcel previously identified for redevelopment within the north anchor? If
the parcel is identified for future park land or green space, the 18 month closing
becomes a mute point.
3. Will the structure be razed or removed? If the HRA plans to raze the structure,
the removal of items from the residence is a mute point.
B. Alternative Action:
1.
A motion accepting a counter-offer for the property located at 225 Front with the
following terms:
a) Purchase price of "AS IS", the sum of deposited
as earnest money.
b) Reimburse or not reimburse $300 survey fee.
c) Closing date of
d) HRA responsible for all closing costs or seller/buyer share closing costs as
per normal purchase agreements
e) Seller has right or no right to remove certain items from residence.
f) Seller has right or no right to remove fallen trees.
g) Seller has the right of use of HRA garage with or without a Storage
Agreement, seller obtains necessary personal insurance.
h) Seller waives right of relocation benefits.
2. A motion to decline the purchase ofthe property located at 225 Front Street.
3. A motion to table any action.
C. Recommendation:
Wolfsteller and Koropchak would recommend purchase at the appraisal price of$165,000;
however, if the property is vital to the revitalization plan and in the future if the HRA were
to condemn and pay relocation costs perhaps the HRA would spend $180,000. Noting
the HRA cash balance, the HRA would need a loan from the city or consider borrowing
the committed industrial funds.
D.
Supporting Data:
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JOHNSON, LARSON, & PETERSON, P.A.
A TTORNEYS AT LAW
JAN C. LARSON+
JOHN T. PETERSON+
JUHL S. HALVORSON
CINDI S. MATT
908 COMMERCIAL DRIVE
BUFFALO, MINNESOTA 55313
(612)682~4550
FAX: (612)682~4465
W ALTER S. JOHNSON
SENIOR PARTNER/RETIRED
+Rea/ Property Law Specialist
Certified by Minnesota State Bar Association
July 24, 1998
Monticello HRA
Attn: Ollie Koropchak
P.O. Box 1147
250 East Broadway
Monticello, MN 55362
BY FAX AND U.S. MAIL
Re: Richard and Marion Carlson Property/Purchase Agreement
Dear Ms. Koropchak:
As the Monticello HRA's proposed purchase of the Richard and Marion Carlson property
remains in a negotiation phase, rather than preparing and tendering to the HRA a proposed
Purchase Agreement, the Carlsons would prefer to proceed with a letter outlining the terms and
conditions upon which they would agree to sell their property to the Monticello HRA, with said
terms to be later memorialized in a formal Purchase Agreement upon acceptance.
The sale price for the Carlson property would be $179,500.00, the sum of$5,000.00
deposited as earnest money, with the HRA taking the property "AS IS". Closing would occur on
or before 18 months after the Purchase Agreement was signed. During this 18 month period, the
Carlsons, as sellers, would have the option to move the closing date up by providing written
notice to you, as the City's agent, that they are ready, willing and able to complete the closing on
the property. Upon receipt of said notice, the City would then close on the property on or before
30 days after receipt of written notice from the Carlsons of their intent to accelerate the ,closing
date.
In addition to the above terms, the Carlsons would be reimbursed the sum of $300.00 for
the survey obtained on their property, since the survey itself was requested by the City. The City
would be responsible for paying all closing costs, including those customarily paid by the seller,
i.e., deed tax, Satisfaction of Mortgage recording fees, etc. Additionally, the Carlsons would not
be responsible for paying any part of any realtor's commissions relative to the sale/purchase of
their property, in the event the City has enlisted the services of a realtor.
Prior to the date of closing, the Carlsons would be allowed to remove the antique back
door on the residence, as well as the window treatments, garden bulbs, refrigerator, and any and
all woodwork relating to the built in china cabinets which the Carlsons installed on the property.
Additionally, up and until the date of closing, the Carl sons would be permitted the use of th~ ...,
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July 24, 1998
Page 2
garage owned by the City and located across the street from their property for storage, at no cost
to the Carlsons. The Carl sons would agree to obtain any necessary insurance for their personal
property stored in the garage, at no expense to the City. Lastly, the Carlsons would be allowed to
remove any fallen trees located on the property up and until the date of closing.
It is the Carl sons and my understanding that the immediate possession of the property is
not as of much importance, as is the reaching of an agreement to ensure that the City will be able
to purchase the property. Consequently, the 18 month period allows the Carl sons ample
opportunity to locate a replacement property, and in turn serves to assure the HRA that it will be
able to purchase this property from the Carlsons.
On one last note, I have enclosed herewith a copy of a July 12, 1993 report from Otto
Associates concerning the Carlson property as it related to a topographical examination thereof,
as this report would pertain to the June 24, 1998 Memorandum provided to you from Stephen
Grittman concerning any Mississippi water level issues.
You should further be advised that while some room for negotiation exists, my clients are
quite firm concerning the price and terms outlined above. As relayed to you in prior
correspondence, the above terms accommodate for the City's planned use of the property after
purchase, to include the possibility that it is the City's intent to raze the structure.
In any event, we would authorized you to convey the above terms to the Monticello HRA
at the scheduled August 5, 1998 meeting. Absent acceptance, this offer of sale will be withdrawn
by 5:00 p.m. on August 10, 1998.
This letter shall serve as a letter of intent only, and shall not be legally binding on
either party. The parties presently intend to enter into negotiations, possibly leading to the
sale/purchase of that property which is the subject hereof, and all conditions, contingencies
and terms with respect to said prospective sale/purchase, as listed above, are not binding on
either party, until such time that a formal agreement of the sale/purchase of said property
is entered between ,the parties. Tha..'1k you for your time and consideration in this matter.
May I remain,
1"~
JTP:mar
enclosure
cc:
Richard and Marion Carlson
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TTO
SSOCIATES
ENGINEERS & LAND SURVEYORS, INC.
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July 12, 1993
Richard and Marion Carlson
225 Front Strect
Monticcllo, MN 55313
Rc: Job No. 93372 - Elcvation of buildings on Lots 1-5, Block 64, City of Monticcllo.
Dcar Richard and Marion;
As pcr your rcqucst, we have obtained elevations of your home, garage and property, they arc
as follows:
1)
2)
3)
4)
5)
Bascmcnt floor elevation = 908.09
First floor elevation = 917.13 fect
Top of sidewalk at'entrance to bascment = 913.19 feet
Garage floor slab = 913.87 feet
Ccntcrline of Front Street on East side .of home = 912.77 feet.
The 100 year flood elevation of the Mississippi River in this area according to the Federal
Emcrgency Management Agency Flood Insurance Rate Map is 908.00 feet. This data was
obtained from the City of Monticello building inspections department. This means that the
basemcnt floor is 0.09 fect .a..bo.tt'the 100 ycar flood elevation of the Mississippi River.
If you have any questions, feel free to contact me.
I hearby certify that this survey, plan or report was
preparcd by me or under my direct supervision and
that I am a duly Rcgistcrcd Land Survcyor undcr the
laws of the ate of Mi esota.
C
Date: 7/\ '2./93
......... .
Land Surveyor
Rcgistration No. 18420
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9 WEST DIVISION STREET - BUFFALO, MINN. 55313 - (612) 682-4727
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OPTION AGREEMENT
This Agreement is made this _ day of , 1997, by and between
RICHARD CARLSON and MARION CARLSON, husband and wife ("Owners") and HOUSING
AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, a
public body corporate and politie ("HRA").
Recitals
A. The Owners are the fee owners of eertain real estate (the "Option Property") located at
225 Front Street, Monticello, Wright County, Minnesota and legally described as follows:
Lots I, 2, 3, 4 and 5, Block 64, TOWNSITE OF MONTICELLO
B.
The Owners and HRA desire to enter into this Option Agreement concerning the Property.
A!!reement
1. Grant of Ootion. For and in consideration of the sum of One Thousand Dollars paid by
the BRA to Owners, the receipt and sufficiency of which is hereby acknowledged. and in
consideration of the mutual covenants and conditions herein contained, the Owners hereby grant
. to the HRA the right and option to purchase from the HRA the Option Property.
2. Term of Option. The option to purchase herein granted shall eommence on the date of
,thls Agreement and shall continue for a period of five years after the date hereof (th~ "Term").
3. Annual Pavments for Ootion. HRA shall pay to Owners the sum of One Thousand
Dollars on or before each of the next four succeeding anniversary dates of this option agreement.
The sums so paid shall not be applied to the purchase price of the Option Property.
4. Use of HRA Garage. As additional consideration, Owners shall have the right to use the
BRA's garage at 220 Front Street for storage of the Owners' vehicles and personal prop~rty.
provided that no hazardous materials may be stored in the garage. Owners agree to accept th~
use of the garage in its "AS IS" condition. Owners hereby release the HRA from any liability
for damage or injury to the Owners' person or property which arises out of the Owners' use: of
the garage. Owners agree to hold harmless, defend and indemnify the HRA against any claims.
CAH~33322
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judgments, or costs that result from the Owners' negligence in connection with the Owners' use
of the HRA's garage.
5. Purchase Price and Terms. The purchase price and terms of purchase for the Option
Property are set forth in the purchase agreement attached as Exhibit A to this Option Agreement.
6. Exercise of Option. HRA may exercise the option herein granted at any time during the
. Term by the delivery of wrinen notice of the exercise of the option to the Owners.
7. Closing. Unless extended by agreement of the parties, Closing on the purchase of the
Option Property shall occur not later than 180 days following the date of notification of exercise
of the Option. .
8. Notices. Any notice, demand, request or other communication which mayor shall be
given or served by the parties shall be deemed to have been given or served on the date the same
is deposited in the United States Mail, registered or certified, postage prepaid and addressed as
follows:
a. If to Seller:
b.
Monticello BRA
Ann: Ollie Koropchak
P. O. Box 1147
250 East Broadway
Monticello, MN 55362
If to Buyer:
9. Miscellaneous. This Agreement represents the complete and final agreement of the parties
and supersedes any prior oral or wrinen understanding. This Agreement may be amended only
by a writing executed by both parties. This Agreement and the Option Property may be assigned
or transferred by the Owners only with the consent of the HRA. This agreement shall be binding
on the parties hereto, their successors and assigns. The HRA may record this Agreement and if
so shall pay all costs of recording. In the event any provision hereof shall be held invalid or
unenforceable, such invalidity orunenforceability shall not affect ~e rerrmin,ing provisions hereof.
[remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have caused this Option Agreement to be
duly executed in their names and on their behalf on or as of the date and year first above written.
OWNERS
Richard Carlson
Marion Carlson
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
by Richard Carlson and Marion Carlson, husband and wife.
, 1996,
Notary Public
CAH133322
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HOUSING AND REDEVELOPMENT
AUTHORlTY IN AND FOR THE CITY OF
MONTICELLO
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of , 1996,
by . and , the
and of Housing and Redevelopment Authority in and for the City
of Monticello, a public body corporate and politic under the laws of the State of Minnesota, on
behalf of the Authority.
Notary Public
CAH133322
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Exhibit A
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made this _ day of ,
by and between RlCHARD CARLSON and MARlON CARLSON, husband and wife ("Sellers")
and HOUSING A..J."1D REDEVELOPMENT AUTHORlTY IN AND FOR THE CITY OF
MONTICELLO, a public body corporate and politic ("Buyer").
2. SUBJECT PROPERTY. . Sellers are the owners of that certain real estate (the
"Property") located at 225 Front Street, Monticello, Wright County, Minnesota and legally
described as follows:
Lots 1,2,3, 4 and 5, Block 64, TOWNSITE OF MONTICELLO
3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained,
Buyer offers and agrees to purchase and Sellers agree to sell and hereby grant to Buyer the
exclusive right to purchase the Property and all improvements thereon, together with all
appurtenances, including, but not limited to, garden bulbs, plants, shrubs, trees, and grass.
4. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal-
property and fixtures owned by Sellers and currently located on the Property are included in this
sale: refrigerator, washer, dryer, storm windows and inserts, storm doors, screens, awnings,
window shades, blinds, curtain-traverse-drapery rods, attached lighting fixtures with bulbs,
plumbing fixtures, sump pumps, water heaters, heating systems, built-in appliances, water
softeners, garbage disposals, installed carpeting, work benches, television antennas and hood-fans
and the following personal property: - Upon delivery of
the deed, Sellers shall also deliver a Bill of Sale for the above personal property.
5. PURCHASE PRICE AND TERMS:
A. PURCHASE PRICE: The total Purchase Price for the real estate and personal
property included in this sale is One Hundred Thirty Thousand and Nol ~ OOths
Dollars ($130,000.00).
B. TERl\1S:
(1) EARNEST MONEY. Sellers acknowledge receipt of One Dollar ($1.00)
as earnest money.
(2)
BALANCE DUE SELLERS. Buyer agrees to pay by check on the Closing
Date any remaining Balance Due according to the terms of this Purchase
Agreement.
(3)
ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer. in its
discretion and in partial payment of the purchase price, may, to the extent 0
assumable, assume or take titl~ subject to any existing indebtedness (J, 0
A-I b
CAH133322
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.' encumbering the Property, in which case the cash to be paid at the time of
closing shall be reduced by the then remaining indebtedness.
(4)
DEEDIMARKET ABLE TITLE. Subject to performance by Buyer, Sellers
agree to execute and deliver a Warranty Deed conveying marketable title
to the Property to Buyer, subject only to the following exceptions:
a. Building and zoning laws, ordinances, state and federal regulations.
b. Reservation of minerals or mineral rights to the State of Minnesota,
if any.
c. Utility and drainage easements that do not interfere with existing
improvements on the'Property.
(5) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the
Warranty Deed required at paragraph 5B(4) above. Sellers shall deliver to
Buyer:
a.
b.
.. c.
d.
Bill of Sale required at paragraph 4 above.
Standard form Affidavit of Seller.
Waiver of Relocation Benefits, as required by paragraph 14 of this
Agreement.
Such other documents as may be reasonably required by Buyer's
title examiner or title insurance company.
6. REAL EST ATE T A..XES AL'ID SPECIAL ASSESSMENTS.
A. Sellers shall pay at or prior to closing all real estate taxes due and payable in the
years prior to closing.
B. Buyer and Sellers shall prorate real estate taxes due and payable in the year of
closing as of the Closing Date.
C. Sellers .shall pay at or prior to closing all special assessments levied prior to the:
Closing Date, including any deferred special assessments.
D. Buyer shall assume all special assessments levied after the Closing Date.
.
7. MARKETABll..ITY OF TITLE. The Sellers, within a reasonable time after acceptance:
of this agreement, shall furnish Buyer with an abstract of title or registered abstract of title to the
Property, certified to a current date and including proper searches covering bankruptcie:s.
judgments and tax liens. Buyer shall have twenty (20) days after receipt of the abstra\:t to
examine the same and to deliver written objections to title, if any, to Sellers. Sellers shall have:
sixty (60) days after receipt of written objections to cure title defects. at the Sellers' cost. In th~
event that title to the Property cannot be made marketable by the seller~ by the Closing D;J.lI.:(J ~ q
CAH133322 A 2 ~ ,
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then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest
Money shall be refunded to the Buyer.
8. CLOSING DATE. The closing of the sale of the Property shall take place on or before
, or at such earlier or later date as may be mutually agreed upon by the
Sellers and Buyer. The closing shall take place at , or such
other location as mutually agreed upon by the parties.
9. POSSESSION/CONDITION OF PROPERTY. The Sellers shall deliver possession of
the Property to Buyer by 4:00 p.m. on the Closing Date, in the same condition as the Property
existed on the date of this Purchase Agreement, reasonable wear and tear excepted. Sellers shall
remove all debris and all personal property from the Property prior to the date of possession.
10. DAJ.'1AGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer
may rescind this Purchase Agreement by notice to Sellers within twenty-one (21) days after
Sellers notify Buyer of such damage, during which 21-day period Buyer may inspect the real
property, and in the event of such rescission, Sellers agree to execute a cancellation of this
Purchase Agreement and return the Earnest Money to Buyer.
11. DISCLOSURE; INDIVIDUAL SEW AGE TREATMENT SYSTEM. Sellers disclose
that there (IS) (IS NOT) an individual sewage treatment system on or serving the Property. If'
there is an individual sewage treatment system on or serving the Property, Sellers disclose that
the system (IS) (IS NOT) in use, and Sellers further disclose that the type of system is a
system, and Sellers agree to furnish the Buyer with a map showing the
location of the system within five days of the date of this Agreement.
12. WELL DISCLOSURE. Buyer acknowledges receipt of a well disclosure statement,
which is attached to this Purchase Agreement as Exhibit A.
13. SELLERS' W ARRAl~TIES. Sellers warrant that buildings, if any, are entirely within
the boundary lines of the property. Sellers warrant that there is a right of access to the real
property from a public right-of-way. Sellers warrant that there has been no labor or material
furnished to the property for which payment has not been made.. Sellers warrant that there are
no present violations of any restrictions relating to the use or improvement of the Property.
These warranties shall survive the closing of this transaction.
14. RELOCA nON BENEFITS. Sellers acknowledge that this Purchase Agreement is not
made under threat of acquisition by eminent domain proceedings and that the Purchase Price is
sufficient to cover Sellers' relocation expenses. Sellers agree to waive any and all relocation
benefits, assistance and services, related to the Property. Sellers agree to provide to Buyer at
Closing a waiver of relocation benefits executed by all owner(s) of the Property.
15. NO BROKER INVOLVED. The Sellers and Buyer represent and warrant to each other
that there is no broker involved in this transaction with whom they have negotiated or to whom
they have agreed to pay a broker commission. Buyer agrees to indemnify Sellers for any and all
claims for brokerage commissions or finders' fees in connection with negotiations for purchase 1;h
of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, andg , U
CAH133322 A 3
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.- Sellers agree to indemnify Buyer for any and all claims for brokerage commissions or finders'
fees in connection with negotiations for purchase of the Property arising out of any alleged
agreement or commitment or negotiation by Sellers.
16. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and
warranties contained in this Purchase Agreement shall not be merged into any instnunents or
conveyance delivered at Closing, and the parties shall be bound accordingly.
17. ENTIRE AGREEMENT; AL'1ENDMENTS. This Purchase Agreement constitutes the
entire agreement between the parties, and no other agreement prior to this Purchase Agreement
or contemporaneous herewith shall be effective except as expressly set forth or incorporated
herein. Any purported amendment shall not be effective unless it shall be set forth in writing and
executed by both parties or their respective successors or assigns.
18. BINDING EFFECT; ASSIGNMENT. This Purchase Agreement shall be binding upon
and inure to the benefit of the parties and their respective heirs, executors, administrators,
successors and assigns.
..
19. NOTICE. Any notice, demand, request or other communication which mayor shall be
given or served by the parties shall be deemed to have been given or served on the date the same
is deposited in the United States Mail, registered or certified, postage prepaid and addressed as-
follows:
a. If to Seller:
b.
If to Buyer:
Monticello HRA
Attn: Ollie Koropchak:
P. O. Box 1147
250 East Broadway
Monticello, MN 55362
20. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced
by the parties, provided that any action for specific enforcement is brought within six months
after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy
for breach of this agreement; the parties reserve all other remedies available at law or in equity.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date written
above.
SELLERS
.
Richard Carlson
g,,1
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CAHl33322
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Marion Carlson
BUYER
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
MONTICELLO
By
Its Chairperson
By
Its Executive Director
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[mJ
MIf4NESOTA OEPARTMtHT OF HEALTH
WELL DISCLOSURE CERTIFICATE
PLEASE TYPe OR PRINT ALL INFORMATION
. Pt1rSon filing deed mus~ atta~h $10 fee payable to county recorder.
A. PROPERTY DESCRIPTION
Attach a.l~gaJ description of property if the property does not have a lot number, block number,
and additIon name.
COUNlY LOT NUMBER BLOCK NUMBER ADDITION NAME
STREET AORESS
CITY STATE ZIP COOE
B. PROPERTY BUYER MAILING ADDRESS AFTER CLOSING
FIRST NAME MIDDLE INITIAL U\ST NAME
COMPANY NAME (IF APPLICABLE)
ADDRESS
ADDAESS
.-
CITY STATE ZIP CODE TELEPHONE NUMBER
( )
C. CERTIFICATION BY SELLER
I certify tttat the information provided on this certificate is accurate and complete to the best at my knowledge.
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Signature of Seller or DesiQnmd. Representative at Seller Date ,
D. CERTIFICATION BY BUYER
The buyer or person authorized to act on behalf of the buyer. must sign a Well Disclosure Certificate for all deeds given in fulfillment ot
a contract tor deed if there is a well on the property.
In the absence of a seller's signature. the buyer. or person authorized to act on behalf of the buyer may sign this well certificate.
No signature is required by the buyer if the seller has signed above.
Based on disclosure information provided to me by the seller or other available information. I certify that the infonnation on this certificate
is accurate and complete to the best of my knowledge.
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Signature of Buyer or Design~ted Representative of Buyer Date
('lVER)
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MINNESOT;" OEPA!UMENT OF HEALTH
WELL INFORMATION
PLEASE rfPE OR PRINT ALL INFORMATION
. ~ Fill out a separate we/~ information page if more than three wells are located on the property.
~
WELL LOCATION 11
COUNrf QUARTER SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER
WELL STATUS
YEAR WELL. ..vAS SEAl:!l ,'F (NOWNl
WELL IS: DIN USE (1) o NOT IN USE (2) n SEALED BY LICENSED WELL CONTRACTOR (3)
WELL LOCATION #2
COUNlY QUARTER SECTION NUMBER TOWNSHIP NUMBER I RANGE NUMBER
WELL STATUS
yEAR WELL WAS SEAL.f!lllF KNOWNl
WELL IS: DIN USE (1) o NOT IN USE (2) C SEALED BY LICENSED WELL CONTRACTOR (3)
.
WEll LOCATION 13
COUNTY OUARTER I SECTION NUMBER TOWNSHIP NUMBER RANGE NUMBER
WELL STATUS
YEAR WELL WAS SEAL.fO IIF KNOWNl
WEll IS: DIN USE (1) o NOT IN USE (2) [! SEALED BY LICENSED WELL CONTRACTOR (3) "-
I
SKETCH MAp. Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings.
IF MORE THAN ONE W~LL ON PROPERTY, USE THE WEU LOCATlON NUMBER ABOVE TO IOENTIFY EACH WEL.L..
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Information provided on this form is classified as publiC intormation under Minnesota Statutes. Chapter 13.
M:lWMGROUP/ORlGSIOlSCLOSU.FRM ~19t R
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HRA AGENDA
AUGUST 5, 1998
9. Consideration to review the appraisal for the property located at 218 Front Street and
authorization to proceed.
A. Reference and background:
At the HRA meeting in July, direction was given to contact Deb Otten, power of attorney
for the O'Connor property, to inquire ofthe interest to sell and the asking price. Deb
expressed an interest to sell but had no idea of an asking price. She indicated the property
was insured for some $90 thousand. Also, the property is rented out but Deb was willing
to make arrangements with the tenants for entry to the property if the HRA so desired an
appraisal. Commissioner Frie was contacted and advised of the conversation with Deb,
Frie's direction was to proceed with an appraisal and recommended Appraiser Jerry
Nagorski.
A copy of the completed appraisal is enclosed. Remember, through the Minnesota
Statutes, an appraisal of the BRA is confidential. Please try to refrain from
disclosing the appraisal price at the meeting.
The estimated market value for payable 1999 is $71,700. Land $18,800 and building
$52,900.
Following review of the appraisal, the BRA should consider whether to make an offer to
purchase as a buyout, option offer, or contract for deed and detennine a purchase price.
B. Alternative Action:
I . A motion to approve a purchase price of and to authorize
Kennedy & Graven to draft a purchase agreement buyout, option offer, or
contract for deed for the parcel located at 218 Front Street. Terms as so
determined.
2. A motion not to proceed with purchase of the parcel located at 218 Front Street.
3. A motion to table any action.
C. Recommendation:
Again, the HRA will need to detennine the importance of the parcel in relationship to the
revitalization plan and perhaps will need to request a loan from the city.
1
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Surrmary Appraisal RePJrt
Pr~tl/ Description UNIFOR'!' RESIDENTIAL APPRAISAL REPORT File No.
P,opetly ~ddress 218 Front' St City Monticello 'Stoto MN "'Zip Codo 55362
~!lat Doscriptlon .~ee Attached' Legal... _.... Co~nty.. Wriqht ..,--=--~~-'
Asses30r's Parcol No. 155-010054070 Tox Year 1998 H.E.Ta,es$ 781 Special Asse,smonts $ 369.21
: Borrower N/A Current Owner o'eonner-Otten Occup"nl: 11 Owner IX 1 ""en""t T lV~
Property rights appraised r XTFee Simpler'J Leasehold Proiect Type I l PUD r Condominium (HUDIVA only) HOA$ /Mo.
Neighhorhood or Project Name N/A Map Reference QFF Census lract 1 OO}. 01
Sale Price" $ N/A Dat. at Sale N/A Description and $ amount of 10"" charges/conscessions to be paid by sellor None
Lender/Client HRA Address t-bnticello, MN _. . "...
Appraiser Terrv Naaorski Address Bia Lake MN
Location r--l Urbi=l.n IX! SuburbanD Rural Predominant Single family housing Present land use % land use change
~ .. ~D D PAICE AGE . 80 rvl . D
Built up ~ Over 75% 25-75% Under 25% occupancy $(000) (yrsl One family _.-:-=----., ~ Not likely Likely
Growth rate D Rapid ~ Stable D Slow []"I Owner ~ Low _~ 2-4 family ~..._ D In process
Property volue5 D Increasing ~ Stable D Declining 0 Tenant 175 Higl' 75 MlIlti-famiiy _". To:_,
Demand/supply D Shortage ~ In balance D OVer SUpply []"I Vacant (0,5%) Ml~ Predominant !0~*:.:> Commerciol 20
Marketing tim:: rXl Under 3 fYl~s, n 3-6 mosf"'j Over I) mos, n Vacant (ove, 5%) 1 OQ 30 .. "._
Note; Race and the racial composltlon of the neighborhood are not appraisal factorS.
Neighborhood boundorios and characteristics: Subject is lcx:ated on the North side of the City ,?f t-bnt~cello
near parks and downtown area. _._ ..___._,u.
...-
.--
.-
Factors that affect tho marketability of the plOperties in the neighhorhood (proximity to employmont and amenities. ernploym~mt stabilily'. DPneal to rT1arket, P.tc.):
: ~!: employment is in t?e Twin Cities w~th some manufact~ing in t-bntl.cello, Rogers( Buffal'?:-
~ ~_ neighborhood amenities are ,within a~. reasonable distance. ._ ..
--. .. '--' .. ,..__...._-_..~-_.~--_.-
.
. -... . - .-.. ----
. -- -. -. ..'-
Market conditions in the subject neighborhood (incl~Jding support for the above conclusions rela.ted to the trend of property values, demand/supply, and marketing lirne
_ ~ such as data on competitive properties for sale In the noi~hborhood, description of the prevalence of sales and financing concessions, etc.):
~ket is stable and not changing. Selll.ng price is 98% o~ asking price. Market "t~rne is
..1. - 3 IlOnths. Current interest rates have caused an increase in market activity and the sub-
ject will receive the benefits of good marketing without- any spe'cial financing. 'There are
'no f~.!1.aJlcing ~ncessions. This is oonsistent wit~ the mark~t area~,,__.._,,_------===---=
.
Project Information for PUDs (If applic<J.blc) - -Is tl1e d~vcloper/builder in control of tho Home Owners' Association (HOA)? 0 Yes ~ No
. Approximate total number of units in the subject proiect Approximate tolal number of units for sale 1r1 Ihe subject project -~~~
DAscribe cornman elements and recreational facilities:
Dimensions __99 x.J 65 X 99 X 148 approx. TOpOgrapl'y Few trees-gentle slope
Site aroo 1549..3 sq ft approx . Cor."er LotD Ye~.~ No Si<" AVli'.rage for ai~
Specific wning classification and description o:D-eentral Cctnmuni ty Distrl.ct Sh"pe . lrregular
Zonin9 compliance [!] Legal D Legal nonconforming (Grandlath"ed use) 0 Illegal D No <Dning Drainage Adequate at Inspectioii-
Highest & best use as improvoE~ rxl Present use n Other use (explain) .._ View SImilar Hanes ~ '.
Utilities Public Other Off. site Improvements Type Public Private Landscaping Average ~~; area ,..~
Eleetricily Q9 60 Amp Street Asrilalt.. [!] D Driveway Surface Aspahlt Dnve
Gas CXJ Curb/gutler COne ROlled 00 D Apparent easements None Known ..=
Water [K] Sidewalk None D 0 FEMA Special Flood Ha%;}rd Area D Yes [X] No
Sanit.ry sewer [g] Street lights Yes 00 D FEMA Zone ~___ Mop Date 11- 1- ?L
Storm sewer Ixl Alley None Fl n FEOMA Map No 11270541-0005B
Commenls (apPr:J.rant adverse easements. encroachments, special assessments, slide areas, illegal or leg~1 nOl1conformi~g zoning use, etc.): ..!pere are ,,~
..n9 apparent easementSr encroachmants, or other =nditions noted that would adversely affect
market value. The site is tvoical for the area and canoatible with surroundina pro---.:,ertie~
GEN"'RAL DESCRIPTIOf~ EXTEORiOR DESCRiPTION FOUNDATION I3ASEOMENT INSULArlON
. No, of Units ._.... 1 Foundotio" Conc B;tk Slab Non~_~ Aroo Sq. Fl. ~~OSCl ft Roof _~ 0
No. of Stories i~ Exterior Walls Stuc~JAv; Crawl Space None % Finished -0- Ceiling .!!.Y..9_lli..l
Type (DeUAtt) De\;;_ Roof Surface AsPFiiJ:t7l\. flasement 840sq ..it...- Ceiling ~~ WolI, .!'!!:L [K]
Design (Style) II::~ Gutters & Ownspts. None Sump Pump ~.------' Walls Co~~ Floor _ D
E,istin9/Proposed Existin' Window Type _pble Hung.. Dampness No evidence Floor Con~~ None _ D
Age (Yrs.) 45_~ Storm/Screens Yes Settlement No evide"~ Outside Entry No~~ Unknowo _ D
Effective Age lYra.) 10 E Manufactured House No Infestation No evidence
. ROOMS Foyp.r Uvlrl{l Dining Kitchen Den Family Rm. Ree. Rm. Bedrooms # Baths L<J.undry Other Area Sq. Ft.
- -- -.." 1 8,f0i"-'--'-
~~ment -
. Levell 1 1 1 1 894
~_ 2 T 504
Finished area above grade contains; 5 Rooms; 3 Bedroom(s); 1.5 Bath(s); 1398 Square Feet of Gross Living Area.
. INTERIOR Materials/Condition HEATINffiryant KITCHEN EQUIP, ATTtC AMENITIES CAR STOI1AGE:
. Floors Hardwood/Avg Type GFA Refrigerator 0 None ~ Fireplace!s) # _~ D None D
Walls D~all/Avq Fuel Gas Range/Oven 0 Stairs D Patio D Garage 1 #" of cars
Trim/Finish Birch Avq Condition Avq Oisposal 0 Drop Stair D Deck ___ D Attached 12x20
Vinyl Aw ---
Balh Fioor COOLING Dishwasher 0 Scuttle D Porch Glass IKJ Detoched
Bath Wainscot Vinyl Aw Central None Fan/Hood ~ Floor D Fence D Built-In
---
Doors Birch Aw Other Microwave D Heated D Pool R Carport
Condition Washer/Dryer n Finished n Driveway 2:;-
Addilional features (special anergy etflcient itams. etc.): Glass PJrch, stuc= exterior
.
.
. Condition of the Improve-monts, depreciation (physical, functional, and external), repairs needod. quality of construction, remodeling/additions, etc.: y
Normal depreciation noted. There are no important functional or external inadequacies noted.
Adverse environm""lal conditions (such as, but not limited to. ha<ardous wastes. toxic substances. -etc.) prosent ~~- the Improveme~ts, on ~' s:k
immediate vicinity of tho subject property.: No adverse conditions observed. .
Freddie MJC Form 70 6.93
10 CH.
PAGF. 1 OF 2
RLAKE:WOOD BUSINj:"flS FUllMS 1(800) 44:1-1004
rannie M::IE;! Form 1004 6-93
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Valuation Section
UNIFORM RESIDENTIAL APPRAISAL REPORT
FIl"No.
-"
ESTIMATED SITE VALUE . . . . .. $ 30000
ESTIMATED REPRODUCTION COST.NEW-OF IMPROVEMENTS:
. Dwelling 1398 Sq FI 't!I $ 49. 50 ~ $ 6920L-
Sq.Ft't!l$_ - _~
Glass Porch _ .._ ~ 3000
Garage/Carport....11Q Sq. Ft @ $ Ll2.~ ~ 3840
. Total Est'mated Cost New _ _ _ ~ $ 76041
: Less -16% Physical Functional External
Deprecialion -12166 I -0;: I -Q:::......- .. $ -12166
Depreciated Value of Improvements. _ _ _ _ . . . . _ _ _ _ ~ $ 6387L--
"As-is" Value of Site Improvements. . . . _ . . ~ $ 2000
INDICATED VALUE BY COST APPROACH . . .. - ~ $ <;i;R75
ITEM ._w I SUEl.JECT COMPARABLE NO.1 COMPARABLE NO.2
218 Front St 513 vine st 424 Broadway E
~~~. l'bnticello t>t:>nticello t>t:>nticello _,
Proximity to Subject '. .' ."., 1 0 Blocks SW 6 Blocks SE
Sales Price - $ N/A $ 88900 $ 90700
Price/Gross Liv_ Area $ ...- J21 $ 62. 34 IZII",ial,-,~w",""" $ 72.50 lZl ' $ 45.93
Data a.nd/or Inspection MLS MI.S ." MLS
Verification Source ..... Rea;L.tor Realtor Realtor
~STMENIS DESCRIPTION_DESCRIPTION r:;I-1 $ M,""""" DESCRIPTION I + I.) $ Adl""m.,,1 DESCHIPTION I' (-) $ Adl.~'."":':"-
Sales or Financing ~ I ! I
Concessions FHA I FHA I COnv I
-Date of SalelTime - 11 ":97CL .. ! 2-98CL 1 5-98CL"! ----
Location -,. Average _ Average I Average I Average I -:=
Leasehold/Fee Simple Fee SiIl1Ple Fee Simple i Fee SimPle i Fee Simple '
Silo 99x148/AY2_~..~/Avg ,+2000 99x1657Avg, 99x165/Avg ! -~
View Averaqe Averaoe i Average I Average-t-'----
De.ign and Appeal .11story/iWg 1~Storv7Avg, . HStorv/Avg I ~ry/Avg ! ."..
Quality of Construction Avera~. AveraCie/Gcod'_ -3000 Averaqe I Average'
Age 45 Yrs-10E 38 Yrs-8E i -2000 46 Yrs-7E I -3000 58 Yrs-14E j +400'0--
Condition Averaqe AveraGe I Average! Average,
Above Grade Mal ! B~~~~ I SElths lolal I Bllnns I Baths I lotal I BdfrTlS I Baths I TOI:il1 ,BtJlms I Bath~ i
~ ' : ~ --;r---!
. Hoom Count ~..:: 3: 1.5 7 ' 3 '1: 1525113 , 1: 7 ' 3 I t I
Gross Loving Area 1398 Sc. Ft. 1426 Sq. Ft_ i Sq_ Ft. i +2900 1720 Sq_ Ft. I,
Basemem &Finished 840/0 742/513 1 -1500 896/0!1 800/0 ','
. Rooms Below Gradb! I n___
Functional Utility "Good ..n. Gcod ! Good i Good ..~..
. Healing/Coohng GFA/None EFAfNone: GFA/CAC I -1000 GHW/None .~...-
Energy Efllcien! It~ms None None ' None ' None i ". --
Garage/Car~~rt 1 car/Att Dble/Det I ~3000 DblEi/Det ,-3000 1 car7oet--t--..-.-
Porch. Patio. Deck. Glass Porch "Glass Porch ! Deck, Patio! ~. Glass' Porch i -.-...-
Fireplace(s). etc. _ _ ,,__ _~__"..! i ------i------.-
~_~'\~ool. etc, I I ""-:-=-- ---=-:: I
~- - _ ... --~__.__~?ge shed 1 -2000. _ Sh~ ~ !x2~-T:::i 6b~2
N~!~II"lal) __ ... n~iL 7500 __.__ D_!_J]g~1.9~ J::::LJ!J_:~_~_50q_____
Adju,leu Solos Price '. .......... GrosS :'12'6(iJ::of03 i.J3~ Gross: 14%
of Cumpamhio ....;.. No.t:8'6' .' $ 81400 Net:: 6'..... $ 84600 Net: 4'6 $ 75500
Comments on S'Z;I~~ Cornp(lrisoll (including the subject property's compatibility'to the neighborhood, etc.): -All oompai-ables are given'- equal ~,.:.,..
weiqht... In order to =nsider the best canparables, it was necessary to include sales further__
than 1 mile and over 6 IIOnths. No adiustments for time or distance were needed. -~
Comments on Cost Approach (such as, source of cost estirnale.
site value, square foot calculation and for HUD, VA and FmtlA, the
estimated remaining economic life of the property):
cost Source: Marshall SWift and local
hlilders.
AGe/Life '" 1 0/60 years ___
Remaininq E=nanic Life is 50 years _
COMPARABLE NO.3
...-"..-
342 4th St E
l'bntice!.!~:~______
7 Blocks SE
$ 79000
IZI .. ". ....
-6500
ITEM
SUBJECT
N/A
COMPARABLE NO. 1
COMPARABLE NO.2
COMPARABLE NO 3
Date. Price and Data
Source, for prior sales
within year Df ~ppr!:l.isal
N7A
N/A
t'l/A
- - --
Analysis of any current agreement of 5aleJ option, or l!titing of the subject proporty and analysis of any pdor sales of subject and comparables within one year of the dale 01 anprais<.J.l:
'Phere...!>"" hppn..no ""lp nf~ec.t th'" l""t y,.."r COfll);'lrAble..!,;Alp.!,; ArC' li!';tPd abJ::nla..____~....___
--..-.. - -.'- ..- ,- ...-_. -...-..----
INDICATED VALUE BY SALES COMPARISON APPROACH. , . , . _ _ . . . . . . , . .. . . . . . . . _ _ . . . . . . . . _ ........ _ _ _ .. . . . . ,. $,.. 81000_..._____
INDIr:ATFn VALIIF RY 1",r:OME APPROAr:" IIf Anoli ..,hi"' Fdim nt ~ I"A v "'ross A""' ""I i 1;0, --. ~ ------wrA
This appraisal is madelltJ "as is" LJ subject to ttle repairs, alterations, inspections or conditions listed below W s~Jbjoct to completion per plans and specifications
Conu,tiorls of Apprnisal_ No surv~y.. has ~n_ done by_ this Appraiser ..!? determine ea~nts, en.<::.!:oac~n~
. ~~~~~:~a~onOf ~:. is a Derrlinq sale next to subject for $8j'OOO-similar ~o sUbject. The S~~
.Comoarison Approach is the IIOSt qermane & appropriate method of evaluat:lOn. It has developed
. ;on "c=ate and._reliable..indicator of value. It was qiven the IIOst =nsideration.
The purpose 01 this appraisLlI is to estimate the market value of the real property lhat is the subjecl of this report, based on the above conditions and Ihe ccrtlficl:ltiOrl, contingent
and limiting conditions, and rnarkel value definition that are stated in the attached Freddie Mac Form 439/Fannie Mae Forll1 10046 (Revised 6-93 l
I (WE) ESTIMATE THE MAAKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUB.JECT OF THIS AEPORT. AS OF July 20, 1998
(WHICH IS THE DA~JF INSPECTIO D TI-lE EFFECTIVE DATE OF TI-lIS REPORT) TO BE $ 81000
APPRAISE~' /t:i ~ / SUPERVISORY APPRAISER (ONLY IF REQUIRED):
. StarlCl.ture ~_..:. ~"'i.;.. . ~_ ~ $IQnature
Name -----;/ S ~~ Nnme
Date ""M" s;;;-,J 7-20~98
:ili!!!l Cert,fication " !1i-nnesota
.0' Stafe Licell,.~.-,,___---.1.QQ.H14 .________
D Did D Did Not
0(\ "
Inspect Property
Date ReDort SiQned
Stale . .._ State Certification #
___;2.\;.Illl...!-1N O'_.:.lll-lllti.iconoe #...
St<ltQ_,~"..___
_____., S!i!k______
r"nnK\ M.'I('~ Form 1004 b-~J:i
Fr(!ddH.': Mac rOn)' 70 0-9:3
10 ell.
PAGE 2 OF :)
fil AI~[W()OIJ l::lu:,lrJFSf> ronM.'j 1 (1;\(10) 1\4~. 100.1
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o ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE
RI.,AKEWOOD BUSINESS FORMS 1 (800\443- '004
FRONT OF
SUBJECT PROPERTY
REAR OF
SUBJECT PROPERTY
STREET SCENE
l~~d-
~
· ~. 'If" j\ 'l\~')N t\llJ\P
. ~l ~..' \, n ' :'
.
NW
,-'
~;:;'
.,.W
'-.:: .
~;:!: ,
o
i .'-'-'-sli~ii'j
~ ! '
I
i
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o ADDITIONAL PHOTOGRAPHS ON REVERSE SIDE
BLAKI:WOOO BUSINESS f-'OfiMS 1 (ROQl 44:i- 1004
COMPARABLE SALE # 1
COMPARABLE SALE #2
COMPARABLE SALE #3
iq;{
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(Legal-Description)
Lot Seven (7), in Block Fifty-four (54), Townsite (now City) of Monticello,
LESS AND EXCEPT the Easterly 33 feet thereof nnd all of Lot Eight (8), in
Block Fifty-four (54), Townsite (now City) of Monticello, nIl according to the
plat and survey thereof on file and of record in the Office of the County
Recorder in and for Wright County, Minnesota.
. -
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SKETCH ADDENDUM
Borro_\'f!,r/Client HRA
~op!:,rty Address ?18
City Montic~llo
Lender HRA
Front St.
~..'-----~""'-
County li':";dght
State Mn.
~ Code
I)I)~fi?
Bed
..........r;/21
---I ~tp.
.1 ..~'6.8
Bed
30
Second-Floor
28
B<rll~{--- ~:t
.."_.-._~--t 1-,.-,..-
~. Gl:~SS ;J--~.-
Living 20
n_-21~ Enr=7~ 2 :age
Main-Floor
, <.
~~~
I _
~-
.
DEfiNITION OF MARKFT VALU": The most prohahle price which a propcrty should hrillg in a competitive and
open market under all conditions requisite to a fair sale, the buyer and sellcr, each acting prudently, knowledgeably
Hnd HS&\Iming the price is not arlcctcd by undue .slimullls. Implicit in this dellnition is the consummation of H sHle
as of a speeificd dHtc anll the passing of title from seller to buyer under conditions whereby: (I) buyer and seller
are typieHlly motivatcd: (2) both parties arc wcll infimned or well advlSeu, and cach Hcling in wl",t he considers his
own bcst illtercst; (3) a reasonahle time is allowed f(,r exposure ill the open markct: (4) payment is made in terms
of cHsh in lJ. S. dollars or ill terms of finallcial arrangements comparable thereto: and (5) the price represents the
Ilormal cOllsideration for the property sold uflaffected by spccial or creative financillg or sales conccssiolls* grallteu
hy anyone associated with thc sale.
*Adjustrnents to the eomparahles must bc made for special or crcative financing or salcs concessions. No adjustmellts
are Ilecessary Ihr those costs which are florll1ally paid hy sellers as a result of tradition 01' law in a markct area:
these costs are readily idcntillable since the seller pays these costs ill virtually all sales trallsactiolls. Special or
ereativc finallcillg adjustments can he made to the eomparHble property by comparisolls to finallcing terms offered
by a third party institutional Icnder that is not alrcady involved in the property or transactioll. AllY adjustmellt
should not be calculated on a mcchanical dollar for dollar cost of the financing or concession hut the doll:.11
amount of any adjustment should approximate the market's reaction to the financing or concessions hased on the
appraiser's judgmcnt.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's ecrtification that appears in the appraisal report
is suhjeet to the following eOlldilionso
I. Thc appraiser will not he responsihle for matters of a legal nature tlwt "ffeel either the property heing appraised
or the title to it. The appraiser aSSllmes that the tille is good and marketable ~nd, therefbre, will not render any
opinions aoollt the titlc. Toe properly is ~ppraised on lhe hasis of il bcing under responsible ownership.
2. The appraiser Iws provided a sketch in the Hppraisal report to show appf[)xim~te dimensions or the improvements
and the skeleh is included only to assist the reader of the report in visualizing the property and understallding the
appraiser's determination of its size.
3. The appmiser has examined the availahle flood maps that arc pmvidcd by the Federal Emergency Management
Agency (or Olher datH sources) and has notcd in the appraisal report whethcr the suhject site is located in an
identified Special Flood Hazard Area. Because the appraiser is not a surveyor. he or she makes no guarantees,
express or implied, regimlillg this dclel'tllination.
.
4. The appraiser will not give teslimony or appear in court becallse he 01' she malle 1111 appraisal of the property in
qucstion, unless specific arrangements to do so have been IlIade beforehand.
5. The appraiscr has eslimatcd the value of the land in the cost approach at its highest and hest use and the
improvements al their contrihntory value. These separate valuations of the land and improvements must not he
used in conjunction with any other appraisal and arc invalid if they arc so used.
(,. The appraiser "as noted in the appraisal reporl any adverse conditions (such as. needed repHirs, depreciation, the
prcsence of hazardons wastes. toxic sllhsl<IlIces. etc.) ohserved during the inspection of the subject property or thaI
he or she he came aware of during the normal research involved in performing the appraisal. Unless otherwise stated
in the appraisal report, the appr~iser has no knowledge of any hidden or unapparellt conditions of the property or
"dverse environmental conditiDns (including the presence of hazardous wastes, toxic suhstanees, etc.) that would
make the prDperty IlIore or less valuahle, and has assumed that there arc no such condiliDns and makes nD
guamntees or warranties, express or implied, regarding the cOlldition of the properly. The Hppraiser will nDt he
responsible for uny such conditions that do exist or for ~ny engineering or testing that might be required to discover
whether such conditions exist. Because the appraiser is not an expert in the field of environmentul hazards, the
uppraisal report must not he considered as !In environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opiniolls that were expressed in the appraisal report from
sources thut he or she eDnsiders to he rcliuble und helieves them to be true and correct. The appraiser docs not
assume responsibility for the accuracy of such items tbat were furnished hy other parties.
8. The ilPpraiscr will not disdDse the contents of the nppraisa' report excepl as provided I"l' in the Uniform
Standards of Prolcssionul Appraisal Practice.
9. The appraiser has based his 01' her appraisal report and valuation conclusion lor an appraisal that is subject to
satisfactory completion,repllirs, or alterations on the assumption that completion of the improvements will be
performed in a workmanlike manner.
.
10. The appraiser must provide his Dr her prior written consent he fore the lender/client specified in the appraisal
report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity
alld professional designations, and references to any professional appmisal organizations 01' the linn with which the
appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer: consultants: professional appraisal organizatiDns; any st~te or /cderally approved fi'11Irlcial institution; or any
department, agency, or instrumentality of the Unitcd States or any state or tlte District of Columbia: except that
the lender/client may distribute the property description section of the report only to data collection or reporting
serviee(s) without having to obtain the appraiser's prior written consen!. The appraiser's written consent and
approval must also be obtained belore the appraisul can be conveyed by anyone to the public through advertising,
public relations, news, sales, or other media.
Freddie Mac Form 439
6-93
I'age I of 2
Fannie Mac Form I004B
69tr?
APPRAISER'S CERTIFICATION: The Appraiser ccrtifies and agrees that:
.
I. I have researched the suhjeet market area and have selected a minimum of three recent sales of properties most
similar and proximate to the sUbieet property for consideration in the sales comparison analysis and have made a
dollar adjustment when appropriate to reflect the market reaction to those jtems of significllllt varia lion. If a
,igniflcant item in a comparahle pmperty is SIIperior to, or more favorahle than, the subject property, I have made
a ncgativc adjustment to reduce the adjusted sales price of the eompllrahle and, if a significant item in a eomparahle
property is inferior to, or less 1,(Vorable than the subject property. I have made a posilive adjustment to increase the
adjusted sales price of the eomparahle.
2, I have taken into consideration the factors that have an impnct on value in my development of the eslimate of
market vnluc in the appraisal report. I have not knowingly withheld any significant information from the appraisal
rcport and I believe, to the hest of my knowledge, that all statements and information in the appraisal report are
true and correct.
J. I stated in the apprais(ll report only m)' own personal, unbiased, and professional analysis. opinions, and
conclusions, which are suhject only to the contingent and limiting conditions specified in this form.
4. I have no prcsent or prospective interest in the property that is the subject to this report, and I have no prescnt
or pf<lspective pel'somll interest 01' bi;.s with respect to the participants jn the transaction. I did not base, either
partially or completely, my analysi" and/or the estimate of market value in the appraisat report on the race, color,
religion, sex, handicap, familial stallls. or national origin of either the prospective owners or occupants of the subject
property or of the present owners or o<'cupants of the properties in the vicillity 0:' the subject property.
5. I have no prescllt or contemplated future interest in the subject property. and neither my current or future
employment nor my compcnsation "Jr performing this appraisal is contingent on the appraised value of the properlY.
6. I W<lS not required to report a predetermined value 01' direction in vnlue that favors the cause of thc client or
any related party, the <Illlount of the value estimate. the attainment of a specific result, or the occurrence of a
subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not
base the appraisal rcport on a requestcd minimum valuation, a specific valu<ltion, or the need to approvc a specific
mnrlgagr JO:ln.
7, r pcrl<ml1cd this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were
adoptcd and promulgated hy the Appraisal St,,,,d;lnls Board of The Appraisal Foundation and that were in place as
of the cffectiv<, date of this appraisal. with the exception of the departure provision of those Standards, which docs
not apply. I acknowlcdge that an estimate of a reasonahle lime for exposure in the open market is a condition in
the dcl'inilion of market value and the estimate I developed is consistent with the m<lrketing time noted in the
neighhorhnod sccti"n of this repnrt, unless I have otherwise stated in the reconciliation scction.
.
R. I have personally inspectcd thc interior and exterior areas of the subject property and the extcrior of all properties
listcd as compamblcs in the appraisal report. I further certify that J have Iloted any apparent or known adverse
condition,s in thc suhjcet improvements, on the subject site, 01' on any site within the immediate vicinity of the
sl,hjeCl property or which J am aware and have made adjustmcnts for these adverso eOllditions in my analysis of
the prorerty valuc to the extent that I Iwd market evidence to support them. I have also commented about the
effect of the adverse conditions on the marketability of the subject properly.
9. I pcrson:1Ily preparcd all conclusions and opinions about the real estate that wcrc set forth in the appraisal report.
If r relicd on signil/cant professional assistance from any individual or individuals in the perforlllanee of the
;'ppfllisal or the preparation or the appraisal report, I have nnmed such individual(s) and disclosed the specific tasks
performt,d hy them in the rceonciliation section of this <Ippraisal report. J certify that any individual so named is
qllillificd to pcrf(lfI11 the tasks, I have not authorized anyone to make a change to any item in the report: therefore,
if an unauthorized ch<lnge is made to the appraisal report. I will take no responsiblity for it.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory <Ippraiser signed the appraisal report. he or ,he
certifies and agrees that: I directly supcrvise the appraiser who prepared the appraisal report, have reviewed the appraisal
repor'l. agree wilh the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications
nllmhcred 4 through 7 ahove, and :l1Il taking full responsibility for the appraisal :lnd thc appraisal report.
ADDR[SS 01' PROPf'Rry APPRAISED:
218 Front St, Monticp.llo, MN. 5536~_
;;;~":~~
Dale Signed: __----=:.;10-98
Stnte Certif'ication#, ~
or State License #: 'fv014l4
Stale: .Mn.
Expiration Date of Certification or License:_ R-11-qq
SUPERVISORY APPRAlS[R (only if required):
Sigmlture:
Name:
Date Signed: _
State Certifieation#:___.__..,___
or State License #:
Statc:
Expiration Date of Certification or Licensc:
DD;d
o Old Not Inspect Pronerty .
.
Freddie Mnc Form 439 (,-93
Page 2 of 2
Fannie Mac Form I004B 6-93
81..AKEWOOO BUSINfSS fORME; ! 190m 44J-]004
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HRA AGENDA
AUGUST 5, 1998
10, Consideration ofa proposal for a market identity study and to share in it's funding,
A. Reference and Background:
Enclosed is the proposal for a market identity study as prepared by MCP including a
shared funding plan. Please review prior to the HRA meeting. MCP Chair Barb Esse and
Manager Rita illrich will make a presentation to the HRA. Following the presentation,
the HRA will need to consider funding a share of the study,
I had an opportunity to meet John Davis when he interviewed Monticello individuals
perhaps a month ago, He is an individual who has the talent to generate ideas. Through
the efforts of many individuals, the implementation of the revitalization plan has
progressed more quickly than expected. In order for the revitalization plan to be
successful now and in the future, it is vital to get pedestrians both local and outsiders into
the downtown area. Although facade investments increase the property values and
increase the aesthetic appearance of downtown, customer dollars fill the cash registers and
keep the businesses in the downtown area. To ensure the long term success of the
revitalization plan and downtown Monticello, daily pedsterian traffic is "key", Certainly
the proposed restaurant, community center, Cub, and other redevelopment plans will
encourage people to our town; however, is it time to explore other attractions?
B. Alternative Action:
1. A motion to endorse the proposed market identity study and to commit
dollars toward the shared funding source.
2. A motion to endorse the proposed market identity study and to deny commitment
of funding.
3. A motion to deny endorsement and funding for the study.
4. A motion to table any action.
C. Recommendation:
Because people are vital to the economic success of Monticello's downtown,
recommendation is to endorse the study and consider a share of the funding. Even a small
commitment in dollars supports a willingness to succeed.
1
.
Monticello
Community Partners
p.o. Box 984 · Monticello. MN 55362
Developing a Community Identity and Marketing Strategies for Monticello
.
A Proposal to the
Monticello Housing and Redevelopment Authority
for Co-Sponsorship with
Monticello Community Partners
.
July 1998
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Executive Summary
Monticello Community Partners proposes to develop a marketing identity for Monticello through
a process of public participation and consensus-building on what we want our town to be known
for. This process will be guided by a consultant with a remarkable track record of bringing
national recognition to a small town-recognition which has in turn generated significant
economic development for the town.
The project will run for approximately three months. beginning this Fall. MCP is requesting
$9.250.00 from HRA for the project. This will cover the direct cost of the consultant's time.
MCP will fund all related expenses of lodging. meals and travel as well as the publicity side of
the public meetings. The total estimated cost of the project is $15,670.
Statement of Need
Visual signs of revitalization are appearing in Monticello's downtown area and the Downtown
and Riverfront Revitalization Plan is significantly ahead of its anticipated schedule. The next
two years will see many changes that we had expected would take 5 to 10 years to emerge.
However, without a healthy and growing business climate, our revitalization program will not
have the staying power we all seek.
Long term revitalization, with a vital and expanding business climate, requires pedestrian as
well as vehicle traffic through Monticello's business district. To generate this traffic, we need to
market the city, including to our own citizens. It is time to focus efforts on getting people to
come to our downtown.
This project addresses a specific need in the recommendations of the Downtown and Riverfront
Revitalization Plan. Strategy 1 a (page 4:25) calls for creating a variety of reasons for people to
come downtown.
Without a concerted effort. Monticello is likely to become a bedroom community to the Twin
Cities whose residents do most of their shopping in Maple Grove and St. Cloud. If Monticello is
to retain its own identity and character in the face of suburban sprawl, we need to identify our
strong points and build on them to create reasons for people to spend more of their shopping,
eating. entertainment and recreation dollars in town.
Proiect Description
The first step in marketing Monticello is developing a lasting and quickly recognizable identity-a
marketing identity. A marketing identity is what people think of when Monticello is mentioned.
It is the image that people (residents and visitors alike) hold in their minds of our town.
Developing a marketing identity gives us an opportunity to create the image that we want
people to have. It is an opportunity to shape the growth of Monticello by promoting projects that
enhance the image we chose. And it is a way to create a draw that will bring people into the
heart of our city.
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MCP has identified a consultant who has a proven track record of bringing a city of 1,000
people together to achieve an extremely positive national identity. This individual is John Davis
of New York Mills, MN. (Reference materials about John Davis and his projects for New York
Mills are attached.) Mr. Davis's work has shown that marketing a town and building a strong
business community are closely linked. In New York Mills, Mr Davis created programs and
events that drew people (visitors and more residents) to the town. Those people then
generated consumer demand for restaurants, motels, retail outlets and other support services.
Industrial companies were also attracted by the exceptional quality of life that the town offered
to their employees.
This proposal is based on initial discussions that Mr. Davis had with eight Monticello business
and civic leaders. Considerable time will be required on his part to develop our program. He
will lead us through a series of public workshops and will work from his broad base of
experience in other communities. The result will be a plan that has been developed with
considerable public input. The plan will offer not only a marketing identity, but also a ten-year
plan of practical implementation steps. This project covers only the development of the plan,
not the implementation of it. It will, however, work closely with various civic and other groups
whose participation will be critical to implementing the plan over the next decade.
\l)'~
. Project Objective
To create a lasting and legitimate marketing identity for Monticello that generates more interest
in Monticello, brings more people to its downtown and riverfront district, and engenders
increased demand for consumer goods and services that will support our business community.
Project Outline
Step 1: Establish Proiect Team.
Task 1.1: Identify 4-6 people to be members of a project team and identify a team
leader.
Objectives:
A) Ensure a cross section of people are involved from earliest planning stages.
B) Project team coordinates the project, monitors progress and reports to MCP
Board, HRA and other project partners.
Consultant Time for Step One:
[None]
. Step 2: Proiect Develooment
Task 2.1: Meeting between Project Consultant John Davis and the Project Team.
Objectives:
A) Review project goals and objectives.
B) Establish project work schedule.
C) Develop guidelines and desired outcomes for an initial community meeting.
D) Review Downtown and Riverfront Development Plan and define how community
can work within its guidelines.
Consultant Tjme for Step Two:
One day
Step 3: Generate Ideas for a New Communitv Identitv
Task 3.1: Hold First Community Meeting
Objectives:
A)
B)
Encourage wide community participation in creating a new community identity.
Brainstorm ideas for an identify.
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C) Identify existing attributes of the community and ideas for new attributes that
could be part of an ideal or future identity.
D) Define perceptions of the community and the current identity of Monticello.
Task 3.2: The consultant will have individual meetings or phone interviews with
selected people who are unable to attend the community meeting.
Objective:
A) Provide additional information and ensure that the ideas, interests and
perspectives of various groups of people (such as retailers and other business
and industry representatives, residents of newer and older neighborhoods in
Monticello, and community groups) are included in the process.
Consultant Time for Step 3:
Four days
Step 4: Identify Common Themes
Task 4.1: The Project Consultant will produce a report on possible common themes
for a community identity emerging from the first community meeting.
Objectives:
A) Identify themes for consideration at the next (second) community meeting.
B) Make recommendations regarding possible themes.
C) Prepare questions to help provoke discussion and ideas for community meeting.
Task 4.2: Meeting between Project Consultant and Project Team.
Objectives:
A) Review report and determine strategy for developing consensus on a community
identity at next community meeting.
B) Review draft list of questions.
Consultant Time for Step 4:
Two and one-half days
Step 5: Define Marketina Conceots for New Communitv Identitv
Task 5.1: Hold Second Community Meeting
Objectives:
A) Review proposed common themes and prioritize which theme (or themes) best
reflects the identity and direction for Monticello.
B) Develop community consensus for an identity.
Task 5.2: Produce an interim report.
/
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Objective:
A) Keep MCP, HRA and other involved parties informed of progress to date.
Task 5.3: Meeting between Project Consultant and Project Team.
Objectives:
A) Review interim report and planning process.
B) Evaluate progress of the project.
C) Identify participants in the process for marketing Monticello's new identity.
Consultant Time for Step 5:
Two and one-half days.
Step 6: Define Goals and Marketino Conceots for Monticello's New Identitv
Task 6.1: Hold Marketing Strategies Workshop.
Objectives:
A) Develop short and long term goals, objectives and desired outcomes for
marketing Monticello's new identity.
B) Brainstorm ideas for creatively promoting Monticello's new identity in the short
and long term.
C) Identify specific, workable strategies for marketing and promoting Monticello's
new identity.
Task: 6.2: Meeting between Project Consultant and Project Team.
Objectives:
A) Review proposed marketing strategies.
B) Review how new identity fits into New Bridge Plan.
Consultant Time for Step 6:
Two ard one-half days.
Step 7: Inteoration
Task 7.1: Meeting between Project Consultant, Project Team, representatives of
the Monticello Area Chamber of Commerce and Merchants Committee,
the Industrial Development Committee, the City of Monticello and other
interested parties.
Objectives:
A) Integrate new identity, marketing strategies and any new community ideas with
the Downtown and Riverfront Revitalization Plan.
I\)~ 5
.
B) Prioritize the most important components of the Revitalization Plan and new
plans to develop a sequence of revitalization benchmarks, including a 5-10 year
timeline.
C) Determine realistic implementation steps.
D) Develop a synergy between the Revitalization Plan, the new community identity
and marketing plan, and other major city projects.
Task 7.2: Produce final project report.
Objectives:
A) Compile into a cohesive framework all the work and results to date, including the
new consensus identity, marketing strategies, and related timelines, goals and
objectives.
B) This report could be an addendum to the Downtown and Riverfront Revitalization
Plan, for possible incorporation into the Monticello Comprehensive Plan.
Task 7.3
Hold Third Community Meeting
Objectives:
.
A) Present report to the community to inform people of the results of the study,
answer questions and solicit comments. This presentation could be made at the
MCP annual meeting in January 1999, if the study is complete by then.
B) Revise report if needed, based upon comments from meeting.
Task 7.4
Disseminate Report
Objective:
A) Ensure that civic groups, city officials and staff and other interested parties have
a copy for reference.
B) Solicit comments regarding adoption of plan into the Monticello Comprehensive
Plan.
Consultant time for Task 7:
Six days
.
\1),1 6
. Budget
Expense $ Amount
Step 1: Establish Team
Food $ 30.00
Supplies and Work Materials 10.00
Step 2: Project Development
John Davis - 1 day @ $500.00/day 500.00
Food, lodging, expenses 250.00
Supplies and Work Materials 10.00
Step 3: Generate Ideas for a New Community Identity
John Davis - 4 days @ $500.00/day 2000.00
Food, lodging, expenses 540.00
Community meeting food 300.00
Supplies and Work Materials 100.00
Advertising -art and ads 710.00
Step 4: Identify Common Themes
John Davis - 2.5 days @ $500.00/day 1250.00
Food, lodging, expenses 250.00
. Workshop food 30.00
Supplies and Work Materials 10.00
Step 5: Define Marketing Concepts for Identity
John Davis ~ 2.5 days @ $500.00/day 1250.00
Food, lodging, expenses 630.00
Community meeting food 300.00
Supplies and Work Materials 100.00
Advertising -art and ads 710.00
Step 6: Define Goals and Marketing Concepts for Monticello
John Davis - 2.5 days @ $500.00/day 1250.00
Food, lodging, expenses 630.00
Workshop food 30.00
Supplies and Work Materials 10.00
Step 7: Integration
John Davis ~ 6 days @ $500.00/day 3000.00
Food, lodging, expenses 630.00
Community meeting food 300.00
Supplies and Work Materials 100.00
Advertising - art and ads 710.00
Estimated Total Project Cost $15,670.00
. HRA Participation $ 9,250.00
MCP Participation $ 6,420.00
\1)'" (,
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Weekender
A Midwest Manhattan Spend a weekend exploring one of the
heartland's quirkiest cultural enclaves-New York Mills, Minnesota.
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By Ann Wylie
I r's 15 degrees below zero on this blustery my d;";nn 'p;';'," Cum"
March Saturday in New York Mills, Minnesota. writes. "This tiny dot on the
map has a bold-mark impact on
Before the night's over, some eight inches of the world."
snow will pile up on the county highways and The cultural center hosts a
counrry back roads that surround town. visiting artists program that
brings in artists from around the
But that hasn't stopped 42 folks from driving as far as 60 globe, a nationally recognized
miles to the New York Mills Regional Cui rural Center, They've thinking contest, and more than
come to hear plumber Alan "Lindy" Linda read excerpts from 100 other cultural events each Opened in 1992, the New York
"Prairie Spy," his popular weekly newspaper column, and sing year. Through activities such as Mills Regional Cultural Center
songs he's written about facing family farm auctions and han- these, the center strives to make is housed in a renovated
dling some of the other realities oflife in rural Minnesota. the arts accessible to everyone- furniture building.
"Someone asked me if I'd lived in New York Mills all my from farmer to fishing enthusiast, from mechanic to Main
life," says Linda, trying out a few chords on his piano. "I said, Street merchant-in this speck on the map 180 miles north-
'No, not yet. I'm looking forward to it, though,'" west of Minneapol is 1St. Paul. In the process, the infusion of cul-
Events like this are transforming tiny New York Mills (pop- ture is bringing new vitality to this once-shrinking village in
ulation 96.3) from farmland flyover to a respeCttd regional cul- the middle of nowhere,
rural center. "When I first proposed the idea of a cultural center, people
The area's big-city artistic offerings and small-town atmos- asked, 'Why New York Mills"" says John P. Davis, executive
phere draw visitors for weekends of gallery openings, literary direCtor and founder of the cultural center. "My answer was,
readings, and film festivals, Between these events, travelers 'Why not New York Mills" I believe it's a fundamental right
hunt for treasures at the three dozen antiques and crafts shops for any size community to have access to the arts. The arts don't
that dot the area, hunker down to a bowl of homemade soup and make life elite; they make life complete,"
a slab of just-baked pie at Known for their unique style of ballet combined with modern dance, the Twin When Davis arri ved
the Eagles Cafe, and Stay Cities' James Sewell Ballet offers an energetic performance in New York Mills. inN ew York Mills in
the night in a 19th-cen- 1987, he came with the
tury caboose with 20th- intention of creating
century conveniences at paintings, not commu-
the Whistle Stop Inn, nity centers. A graduate
These amenities have fresh from the Minneapo-
earned "the Little Apple" lis College of Art and
a place in John Villani's Design, Davis was search-
The 100 Best Smtl// Art ing for an affordable
Tou'nJ in Amenttl (John country retreat. On his
Muir Publications, 1996) budget, that turned out
and in Mark Cramer's to be a $10,000 fatm that
Fllnkytou'ns USA (TBS had been abandoned for
Publishing, 1995) as one 20 years. To pay the bills,
of the "best alternative, he started painting-
eclectic, irreverent, and houses, mind you, not
visionary places," canvases-and giving art
"New York Mills is a lessons at the elementary
town with a positive and school. C>
"M";-.
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30 "OY(MBER' O(C(MB(R 1997
.. .. m m .....mm ....... ~
Photographs b~' ~ New 'iorh MIII~ ReglClrli31 Cui~lJr<l1 Ceriter
I
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. We may he known for chocolate. hut
Hershey's best kept secrets are it's
greatest treats-a llO-acre world-class
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i-888-MINI- VAC
32
NOVEr.l8ER . DECEM8ER 1991
Weekender
~:',~':1A:
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"...
Laskiainen, an annual Finnish festival, features
storytellers (above), reindeer, and music.
As he wrestled with resurrecting the
82-year-old farmhouse and turning the
ancient barn into a studio, Davis thought
about art and small towns. He decided to
take on the myth that culture couldn't
exisr in rural communities,
"It's a stereotype that folks in rural
areas don't appreciate the arts," he says. "]
think rhey appreciate rhem even more
because they're not as accessible,"
In 1990, Davis launched the New York
Mills Arts Retreat, a nonprofit organiza-
tion that gives artists around che world a
chance to focus on their artwork while
sharing their talentS with the community,
So far, more rhan 1,000 artists from as far
away as England and Australia, Bulgaria
and Lithuania have responded to Davis'
offer of a bucolic retreat in Otter Tail
Coumy, far from the stresses of cicy life, A
paimer from Mompellier, France; a New
York performance ,lttist whose work
earned a Guggenheim award; <lnd a non-
English-speaking Polish sculptor are
among the artists who have completed
residencies,
These anists have left a huge cultural
leg<lcy, Last year's visiting artists worked
with community members to create a
town mural of 10(<11 landscapes, to
develop artistiC m<lps of the town, and to
build a fence from cast-off 'lgricultural
implements donated by lowl farmers,
Jamison Mahto, <l Lakota/Anishinabe
poet and playwrighc from Minneapolis,
vcn,"eed co New Ynck Md]; co e~'>:.
.,
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Fmm Orh'l.tail and Thereabouts (New York
Mills Regional Culmral Cemer, 1996), a
regional literary anrhology. While he was
there, he launched a series of open-mike
nights for closet wrirers, Although
Mahw's residency is long over, (he literary
evenrs live on, drawing as many as 50
writers each monrh to read (heir work.
"It's very Northern Exposl/I'e-esque," says
Mark Turner, former adminisrrarive
direcwr of (he culmral cemer.
Fueled by (he early SLlccess of the ans
renea(, Davis decided in 1991 w launch a
cui rural cenrer w fur(her (his vision. "I
wanred a cenrer rha( would help inregra(e
the ans inro rhe daily lives of rural Min-
nesQ(a residenrs," he says. "When you
offer opera, li(erary events, and (hinking,
you help round OLl( whar rhe wwn can be."
Davis convinced (he owner of (he old-
esr brick building in New York Mills w
dona(e (he lOO-year-old boarded furni-
ture store w (he cause. Then Davis and his
supponers wenr OLl( in search of funds,
bringing in an unheard-of$121 ,000 from
area residems, the ci(y, and big-league
founda(ions. Add (0 (ha( more (han
\Veeke.oder I'
3,000 hours of volumeer labor, and in
1992, Davis' dream became a reali(y,
~e cultural cemer offers evenrs rang-
ing from a fish decoy conr('sr ro a music
and film festival, wi(h journal-writing
workshops, Hai(ian painring exhibits,
and a culture club for elementary studems
in between.
Many of the center's activi(ies have a
disrincrly regional flavor. There are rein-
deer fes(ivals, farmer's invemion exhibi(s,
and li(erary evenrs where wri(ers read
pieces aboLl(, say, gening hi( by lighming
while growing up in rural Minnesou.
There's even a contes( (hat awards prizes
(0 (he maS( colorful, mosr crea(ive, and
mosr comfonable ice fishing shanty.
"We have to be the only cui tural cemer
in America (har purs on a fish house con-
res( every orhn year," says Turner.
Indeed. Now (he cui rural cenrer is col-
laborating wi(h New York Mills and area
snowmobiling clubs to create a 1.5-acre
sculpture park and snowmobile nailhead
in (he ciry's new indusuial park, Local
children have created cast-iron corncobs
for an 800-foo( sculpmral fence that bor-
ders rhe park.
But (he center's most surprising-and
most successful-even( is (he annual
Grea( American Think-Off in late spring.
In a (Own where the talles( suuctures are
more likely w be grain elevarors than sky-
scapers, nonresidenrs wouldn'r think tha(
armchair philosophers would menrally
wresrle with some of life's weightiesr
questions. Each year, a ropic ques(ion is
chosen as (he subjeCt for deba(e.
A former tribal police officer, a com-
mercial fisherman, a former professional
gambler and commodi(ies broker, a Zen
Buddhis( monk, and a 15-year-old cheer-
leader are among the memal a(hletes who
have debared pas( compe(i(ion questions
such as: "Does life have meaning?" (yes),
"Money or motali(y: Which does society
value more?" (money), "The narUfe of hu-
mankind: Inherendy good or inherendy
evil?" ((ie), "God: Dead or alive?" (alive),
and "Is rhe death penal(y e(hical in a civi-
lized socie(y?" (no), The winner receives a
gold medal depining Augus(e Rodin's
The Thinker sining asuide a uacwr.
LUlunous (.os. ) Milut's to 'i."
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34 NOVEM8ER' DECEMHR 1991
SPHIAL RAllS ~OR RCI t.404BlRS
CALL: 1-800-634-3119
A
ISLAND ON'
RESORTS
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nd
lal
Ig,
are
~y-
1.lt
Ily
est
" IS
,m-
nal
7.en
~er-
vho
ons
'es),
iety
hu-
lrly
vel,
,v,-
'es a
tin's
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The comest clnlwS entries from as flr
away as Taiwan and Israel; garners atten-
tion from the likes of u.s. Neil'S & \Vorld
Report, CNN, USr\ Today, National Pub-
lic Radio, and the Associated Press; and
draws an audience of hundreds from all
over the country,
All this anion is making New York
Mills a model for economic development
throughout small-tOwn U.S.A. Since the
cultural cemer opened in 1992, more
than 17 new businesses have moved w
this wtal community, increasing the
number of jobs by some 40 percent. A
new industrial park has acknowledged
the role of culmre in its success by nam-
ing its streets Aristotle and Bach avenues.
The arts have also boosted New York
Mills' quality of life, A survey by The
Roper Organization showed that only IS
percem of rutal residents believe the
availability of artS and cultural activities
in their town is good to excellent. In a later
city-sponsored survey, 83 percem of New
Yotk Mills residents ranked their com-
munity's cultural opportunities that high.
,
t
,
{
,
i
t
t
<=>
Pa~k ~ Destination Details
Rapids S G d' h h '1 "I'
:;:- 00 t,mes are exc ange ava, a)1 Ity
'" exists fot resorts in western Minnesota
Ocwber through May. For information
on particular resorts, contan an RCI Va-
C<ltion Counselor.
The New Yotk Mills Am Retreat and
Regional Cultural Centet (24 N. Main
Ave,; (218) 3S5-3339) displays exhibits
and hosts programs from 10 a,m, to S
p.m., Tuesday through Saturday. For more
information about activities and attrac-
tions in the atea, call the center.
You can rest your head at the Whistle
StOp Inn (RoUte 1; (218) 3S5-2223 or
(800) 328-631S) or the Mills Motel
(Highway 10 at Coumy Road 67; (218)
38S-3600).
If you're hungry and looking for a spar
[Q eat, head for Hamburger Hollow
(l-lighway 10 and County Road 53; (218)
346-S666). · Kansas City-based traL'el
II'riter Ann 'Wylie seeks arti,rti( adl'entllres
from Nell' York City to Nell' York /Hill,r.
, We~kender I"
New York Mms, Minnesota
....",,,,,,,.,,,,,,,,..,,. ..."",,,
Lgo
., "
-~'.'.
Seems New York Mills has found its
niche. "In this Burger King nation, every
small town in America is beginning to
look the same," Davis says. "A sense of
identity is crucial to small-town survival."
Ten years ago, New York Mills was
best known-if it was known at all-for a
boat factory and a champion girl's basket-
ball player. Today, it's known for thinking.
'This isn't just any small-wwn festival,"
Davis says. "Nobody else has a philosophy
contest. We're developing a repUtation
for creativity, fot culture, for philosophy,
.., and for the arts,"
~ I
ENOLESS VACATION
t
,i1
.
.
.
HRA AGENDA
AUGUST 5, 1998
11. Consideration to accept for record the Declaration of Potential Conflict of Interest from
Commissioner Brad Bar~er.
A. Reference and Back&round.
HRA Commissioner Brad Barger who is one of the partners in the Blue Chip Development
Company submits the enclosed Declaration of Potential Conflict of Interest. Mr. Barger
will not attempt to influence any HRA Commissioner of any action items relating to the
construction of a manufacturing/office facility, will not take any action or decision related
to those matters, and will not be counted toward a quorum during consideration of the
Authority relating to those matters.
The HRA is requested to make a motion accepting the Declaration of Potential Conflict from
Mr. Barger for entry into the HRA minutes.
B. Alternative Actions.
1. A motion to accept the Declaration of Potential Conflict of Interest from HRA
Commissioner Brad Barger.
2.
A motion denying acceptance of the declaration.
3. A motion to table any action.
C. Recommendation.
Recommendation is Alternative Action No.1.
D. Supportin~ Data.
Copy of executed declaration.
1
.
.
,
DECLARATION OF POTENTIAL CONFLICT OF INTEREST
I, the undersigned commissioner of the
Redevelopment Authority in and for the City of
Minnesota ( the "Authority"), hereby declare that:
Housing and
Monticello,
1. I am a member of the partnership of
a Minnesota
2. The Partnership is or is reasonably likely to become a
participant in a project or development that will be affected by
decisions of the Authority and its board of commissioners.
Specifically, the Partnership seeks assistance through Tax
Increment Financing (TIF) from the Authority in connection with
construction of a manufacturing /office project in the City, which
will require approval by the Authority for all related documents
between the Authority and the Partnership.
3. Pursuant Section 469.009 of the HRA Act, I hereby submit
this statement of potential conflict of interest and request that
it be entered in the minutes of the Authority at its meeting on
August 5, 1998.
4. I will not attempt to influence any Authority employee in
any matter related to the Partnership manufacturing/office
project, will not take part in any action or decision related to
that matter, and will not be counted toward a quorum during the
portion of any meeting of the Authority board of commissioners in
which that matter is to be considered.
Dated: August ___, 1998.
Commissioner
Housing and Redevelopment
Authority in and for the City
of Monticello, Minnesota.
\I"' I
.
.
.
HRA AGENDA
AUGUST 5, 1998
B. Alternative Action:
/"''''''\
1. / A motion to authorize EWers & Associates and Kennedy & Graven to prepare for
establishment ofTIF District No. 1-25, an Economic District, for Blue Chip
Development Company subject to submittal of the Pre Agreement and $5,000.
Assistance as determined.../,
2. A motion to deny authorization for use ofTIF for the Blue Chip project.
3. A motion to table any action.
C. Recommendation:
If the HRA finds the project meets the qualifications of the local and state TIF
requirements and the city was not interested in tax abatement, recommendation is
alternative no. 1. This assumes the TIF cash flow estimates generate adequate tax
increment.
D. Supporting Data:
Copy oflocal TIP policies and TIP cash flows.
2
.
.
.
HOUSING AND REDEVELOPMENT AUTHORITY
City of Monticello
TAX INCREMENT FINANCING POLICY
Program Purpose: The Monticello Housing and Redevelopment
Authority will utilize Tax Increment Financing to support the
community's long-term economic and housing goals.
Policy Considerations: The HRA will analyze and evaluate Tax
Increment Financing proposals based upon the following policy
considerations. Each proj ect shall be measured against these
considerations and the project's value shall be determined, based
upon meeting these considerations.
1. The project shall be consistent with the City's Comprehensive
Plan.
2. The project shall demonstrate long-term economic and/or
housing benefits to the community.
3. The project shall create and/or retain employment for
Monticello residents.
4.
The project shall increase moderate priced housing options for
area residents.
5. The project shall facilitate the redevelopment or elimination
of "substandard" or "blighted" areas as determined by the HRA.
6. The project shall facilitate the "clean-up" of environmentally
unsound property.
7. The project shall provide additional public funding for public
improvements including utilities and/or park development which
would not otherwise be available.
8. The project shall be deemed to promote additional desired
"spin-Off" development.
9 . The project shall demonstrate' n community ,involvement"
including demonstrated degrees of the various factors:'
a) Local residency of the company's owners and employees,. or
b) Local residency of the -,contractors invol ved in ,the
project, or
c) Membership in local business organizations, or.
d) Other similar factors.
\;1 ~I
.
.
,
07f~",-IklL 30 } 98 10 : 06AM EHLERS & ASSOC I~I,~~no HFIA: B lIB MeW Swnplng
P.2/3
CITY OF MONTICELLO, MINNESOTA
T.I.F. CASH FLOW ASSUMPTIONS
Interest Rate
Tax Extansion Rate:
Inllallon Rate:
PIN
155-018003050
BASE VALUE INFORMA TJON
Pay 94 Pay 9Q Class
Val~1I VaJ~e Rala
28.000 2i,4oo 2.45%13.6%
29.400
Talal
7.500%
1.18645 Pay 98 Estimale
0.0000%
Tax
_..9~9ily, ._..
720 Ea~maW only
o
720 ~mated Pay 98 Tax Capacity
~nill Tu CllpaaIY Inflll~on !'Klar:
101.00%
PROJECT VALUE INFORM..\ TION
Type af Tall: Incrlll'nIInt District: Economic Develapment
Type of D9v8lopment: Manufacturing
Number 01 Building Square FlIGt: 12,000
Estimated Msrkllt V.I~. of New Praielll:
Cia" Flat. on first $160,000 of ""rket V.IU8
Class FIale Markel Val~a ;0. $150.000
E,timllled Tax Capacity:
Eslimatlld Taxas:
AssBSSafs Markel Valulllll.f.
Taxes/s,l,
2.45%
3.60%
300.000 Pay 00
8.925 Pay 00
10,589
$25.00
so.as
Plee.e be aWllr. Ihsllhll1998 Legillature has reduoed ;ommerclal class rates from 4% 10 3,5%
EhIetS aMI AS$ocialllS, Inc.
\;;l'" 7-
p~" 1 B6B,Wl(4
.
.
.
. JUL 30 '98 10:06AM EHLERS & ASSOCIATES
g,1301i6 Monlictlllo HRA; B & B MIIIIII S~lng
.ease Project Ceplllrlld Se
PERIOD BEGINNING Till< TM TaJ: G
VI's. !!1th, VI'. Capacity Capac!y_C~~cilY In
0.0 08-01 1998 720 720 0
0.5 02-01 1999 728 728 0
1.0 Oa.o1 1009
1.5 02-01 2000 7315 8,925 8,190
2.0 08-01 2000
2.15 02-01 2001 742 8.SI25 8,183
3.0 08-01 2001
S.S 02-01 2002 7$0 8,925 8,175
4,0 08-0' 2002
4.5 02-01 2003 757 8,i28 8,1158
5,0 08-01 2003
U 02.01 2004 765 8,925 '.180
6.0 08-01 2004
6.$ 02-01 2005 772 8,9.25 8,153
7.0 oa.Ol 2006
7.5 02-01 2006 7S0 8,925 8,145
8.0 08-01 200S
8.6 02-01 2007 788 &.925 8,137
9,0 08-01 2007
9.5 02-01 2008 796 8,925 8,129
10.0 08-01 2008
n.,_.o Total.
.. . Prll..nt V~l!!~.
-.",.
Ehlers and Associates. Inc.
CITY OF MONTICELLO, MINNESOTA
TAX INCREMENT CASH FLOW
rni-Annuel-- ... HRA Seml.AnnuII
1'011 Tax 8\ Nel Tax
erement 20.25% IncremB!)l.. .
000
000
o 0 0
4,859 (984) 3,B75
4,859 (984) 3,875
4,854 (ge3) 3.871
4,854 (983) 3.871
4,850 (8ll2) ~,eell
4,850 (882) 3.808
'U45 (981) 3,864
4,M5 (911) 3,11l4
4,841 (980) 3,ISl
4.841 (980) 3.861
4.838 (979) 3,llS7
4.8a8 (978) 3,SS7
4,832 (978) 3,853
4,832 (978) 3,853
4.827 (978) 3.850
4.827 (978) 3,850
4.823 (977) 3.ll46
4 823 1977\ :3 846
-87,'~.. m,&45\ SUllO
58,031 (11.348) 44.88P_._'
P.3/3
............
Loc::al Veers
MItch at Of F'EFlIOO ENDING
10.00% Increment Via. Mth. VI'
0 0.0 0.5 02-01 ,eee
0 0.0 1.0 08-01 1999
0 0.0 1.5 02-01 2000
486 0.5 2.0 08001 2000
486 1.0 2.5 02.01 2001
486 1.5 3.0 08-01 2001
485 2.0 3.6 02-01 2002
48fi 2.5 4.0 08-01 2002
485 3.0 4.$ 02..01 2003
486 3.5 5.0 08.01 2003
488 4.0 U 02-01 2004
484 4.& 6.0 08-01 2004
484 5.0 8.5 02-01 2005
484 5.5 7.0 Q&.O 1 2005
464 6.0 7.5 02-01 2006
483 6.S 8.0 08-01 20015
483 7.0 8.6 02~01 Z007
483 7.5 9.0 08-01 2007
483 8.0 9.5 02-01 2008
482 8.5 10.0 08-01 2008
482 .- 9.0 10.5 02.01 2009
.~8 71'3" .--
\;1...3
PallO .2 sa.B.W1(4
.
.
.
lIRA AGENDA
AUGUST 5, 1998
13. Consideration to hear preliminary concept for development of low to moderate income
family housing and request of interest for use of TIP.
A. Reference and Background:
Brad Larson, attorney and developer, will make a presentation to the lIRA on a proposed
development project for low to moderate income family housing. The proposed 2-3 acre
site is along West Prairie Road across from the NSP Training Center. Either a housing
district or redevelopment district would be created whichever met the qualifications.
Upon hearing a description of the project, Mr. Larson would like to know the lIRA's level
of interest to provide TIP assistance. This project would be funded through a Farmer's
Home Administration program. For FmHA application purposes, the application receives
a higher rating if TIP is a participant.
David Bell of Freedom Development, planned to apply for tax credits through the
Minnesota Housing Finance Agency and requested TIP assistance for a low to moderate
income family housing project to increase his application rating. Additionally, Front Porch
requested TIP assistance for a owner-occupied low to moderate income housing project.
With the number of request for TIF assistance for applications funding low to moderate
income family housing projects, perhaps the lIRA should first consider completing a
housing study or housing stock inventory. This would be timely with so many request for
TIP and the Council's authorization to develop a scattered housing program. Mark Ruff,
HRA financial consultant, concurs with the idea to complete a study or inventory.
.
.
.
HRA AGENDA
August 5, 1998
14. Consideration to review the first draft of the proposed TIF guidelines.
A. Reference and Background.
To be presented by Chair Steve Andrews and Commissioner Darrin Lahr.
.
.
.
lIRA AGENDA
AUGUST 5, 1998
15. Consideration to authorize payment of monthly lIRA bills.
Recommendation is to authorize payment of the monthly bills.
1
.
.
~-oY:;~
612/98 MTR Discussions on city hall financing with Rick & Brad Larson )
6/11/98 MTR Meeting at City on Amoco redevelopment :J ~ -
MTR Amoco redevelopment cash flow .,...
6/24/98 MTR Meeting with Shingobee on Amoco redevelopment \ - ~...
Total Due This Month: '<r
Previous Balance:
~~
MC100-01
GENERAL
Monticello HRA
PO Box 1147
Monticello MN 55362-9245
July 13, 1998
Hours
0.25
1.75
0.50
2.00
4.50
Amount
26.25
183.75
52.50
210.00
$472.50
$750.00
($105.00)
$1,117.50
.
6/15/98- Payment - thank you
Total Balance Due:
PLEASE KEEP WHITE COPY FOR YOUR FILE AND REMIT PINK COpy WITH PA YMENT TO:
.
EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(612) 697-8500
16"
.
.
Monticello HRA
PO Box 1147
Monticello MN 55362-9245
July 13, 1998
~~
MC100-06
ARMORY
LJ
Amount
$1,680.00
$1,680.00
.
Total Balance Due:
PLEASE KEEP WHITE COpy FOR YOUR FILE AND REMIT PINK COpy WITH PA YMENT TO:
.
EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(612) 697-8500
,~"d-
.
.
Monticello HRA
PO Box 1147
Monticello MN 55362-9245
MC1 OO~23
'r<y ~
<\ Q-r:Y
\- ,
Hours Amount
0.50
0.50
52.50
$52.50
$52.50
.
6/2/98 MTR Update mall numbers
Total Due This Month:
Total Balance Due:
PLEASE KEEP WHITE COpy FOR YOUR FILE AND REMIT PINK COPY WITH PA YMENT TO:
.
EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(612) 697.8500
1~;3
.
.
MC100-25
Monticello HRA
PO Box 1147
Monticello MN 55362-9245
~ (~
C DISTRICT 1-23
~\\\fY6, \ _?-/
~y
Hours Amount
July 13, 1998
6/16/98 JA Professional Services. Copy and prepare TIF books.
6/19/98 RC Certification books
Total Due This Month:
Previous Balance:
Total Balance Due:
0.75 78.75
0.50 52.50
1.25 $131.25
$2,388.75
$2,520.00
.
PLEASE KEEP WHITE COpy FOR YOUR FILE AND REMIT PINK COpy WITH PA YMENT TO:
.
EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(612) 697-8500
1~"'~
.
.
MC100-26
Monticello HRA
PO Box 1147
onticello MN 55362-9245
July 13, 1998
6/2/98 MTR Run tax increment projections for senior housing
6/15/98 MTR Discussions on housing district
6/22/98 MTR Meeting here on district for senior housing
~.y- \r?-'i
~),- ~~
S\ '
Hours Amount
0.75 78.75
0.50 52.50
1.00 105.00
2.25 $236.25
$236.25
Total Due This Month:
Total Balance Due:
.
PLEASE KEEP WHITE COPY FOR YOUR FILE AND REMIT PINK COPY WITH PA YMENT TO:
.
EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(612) 697-8500
."""
,~~~
KENNEDY & GRAVEN
.
Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(6 t 2) 337-9300
CLIENT SUMMARY July 9,1998
City of Monticello
Ollie Koropchak
City Hall
P.O. Box 1147
Monticello, MN 55362-9245
Through June 30, 1998
MNI90-00066: Community Center Financing
MN 190-00067: Mall Redevelopment
MNI90-00074: Shingobee Redevelopment (Amoco Site)
Services Rendered:
$ 1,411.50
$ 247.81
$ 67.00
$ 1,652.20
$ 74.11
$ 1,726.31
Disbursements:
. Balance Due:
Ac.e. under penalty of 1aw
"-t this account. claim or demand
is iLl lTeet and tl8l no pert
,~...'-
.
.
.
City of Monticello
Ollie Koropchak
City Hall
P.O. Box 1147
Monticello, MN
KENNEDY & GRAVEN
Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337.9300
July 9, 1998
MNI90-00066:
Invoice # 24670
Through June 30, 1998
For All Legal Services As Follows:
06/02/98 DJG
06/22/98 DJG
06/22/98 DJG
06/24/98 DJG
Attend meeting re community center; revise
development contract re same
Prepare for and attend council meeting
Revise development contract
Revise development agreement
Total Services:
For All Disbursements As Follows:
05/12/98
06/02/98
Federal Express - delivery charge (2)
Federal Express - delivery charge
Total Disbursements:
Total Services And Disbursements:
3.90
3.50
3.20
2.20
$
409.50
367.50
336.00
231. 00
1,344.00
$
45.00
22.50
67.50
$
1,411.50
\c;~~
.
.
.
\-Q-/
~c;- .
~
KENNEDY & GRAVEN
Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337.9300
July 9, 1998
<\
City of Monticello
Ollie Koropchak
City Hall
P.O. Box 1147
Monticello, MN 55362-
MN 190-0006
Invoice # 24671
Through June 30, 1998
For All Legal Services As Follows:
06/24/98 SJB Phone call with 0 Koropchak; draft resolution,
note and investment letter; letter to Koropchak
06/25/98 SJB Phone all with 0 Koropchak re note issuance
06/30/98 SJB Phone call with D Wilson re Note qualified costs;
phone message to 0 Koropchak re same
Total Services:
For All Disbursements As Follows:
06/24/98
06/24/98
Postage
Photocopies
Total Disbursements:
Total Services And Disbursements:
1.00
0.50
0.30
134.00
67.00
40.20
$
241.20
$
1.01
5.60
6.61
$
247.81
\ t; ~t
.
.
.
KENNEDY & GRAVEN
Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
\-~')-
\'5Y
~~\-W
July 9, 1998
City of Monticello
Ollie Koropchak
City Hall
P.O. Box 1147
Monticello, MN 55362-9245
MN190-00074
oco Site)
Invoice # 24695
Through June 30, 1998
For All Legal Services As Follows:
06/25/98 SJB Phone call with 0 Koropchak re gas station project 0.50 67.00
Total Services:
$
67.00
Total Services And Disbursements:
$
67.00
,~,,~
.
'\1-~ ~,~\
\~ "d- 0--
.
.
NAGORSKI /
21683 186th Street / APPRAISALS
Big Lake, MN 55309
,(t?12) 263-3032
N\f'\ ~V
~~"" ~ " ifV
I~:~'.;';' ..."
...."'~f'l'o '!
.r-, ~...::d I
.- . '
.," ":1
The following is the information regarding an Appraisal:
(TTl'-'i'f--"" i\)u1--
Case Nwnber
Fee
$300.00
Mileage
Total
$300.00
Thank You
Name
HRA-Ci ty of Monti.
,
(0 Conner)
Property Address
218 Front St.
Monticello,MN. 55362
Soc. Sec. #471-56-9582
Please return copy of invoice with payment.
\ 6/"1)
.
HRA AGENDA
AUGUST 5, 1998
16. Consideration of Executive Director's Report.
.
.
a)
Scattered Housing Program - The week of July 20, I visited the cities of Big Lake
and Crystal to explore their scattered housing programs, funding sources, and need
for a housing study. A summary will be compiled; however, a full-blown housing
study was not required for funding application purposes. Communities compiled
an existing housing stock inventory, identified sites for replacement or
rehabilitation, and defined objectives (value, quality, design). Crystal's program
was not defined to meet a certain income level but was defined for quality
construction and design of homes with values between $120,000 to $160,000.
Hawkins House - I contacted Mark Wallen, Fire Chief, for an estimate date the fire
department will complete their drills. He was going to check and call me back. I
have not heard. As many people have told me about it's hazard and unsightliness.
A request for proposal for demolition will be sent to local companies Schluender
and Fyle.
River Mills pay-as-you-go - Upon reviewing notice of the tax increment received
from the County Auditor for July 1998, it was noted no tax increment was
received for the TIF District created for River Mills. In checking, Public Resource
requested the county certify the district in March 1995. For some unknown
reasons, the district was not certified. In talking with Rod Bunting at the County,
upon completion of school disbursements he will proceed to work on River Mills.
His approach will be to first review the number of completed construction units
then proceed as necessary. According to Attorney Bubul, if a county neglects to
certify a district and taxes have been disbursed, the County levies the following
year for the make-up. Rod and I work on this on Friday. All other pay-as-you-go
districts were disbursed for payment August 1.
Schlief closing - Attorney Tom Holker contacted me today and he has all
necessary signatures. He will provide copies for HRA review prior to closing
which is expected within two weeks.
Grimsmo request for TIF - Grimsmo requested to be on the HRA agenda of
August 5 and requested TIF assistance in the amount of$60,000 relating to the
purchase of the city hall. He was given a copy of the Pre Agreement and a copy of
a TIF sheet outlining the need to satisfy the "but for" test, etc. I received a copy
of proposed construction costs and preliminary site plan associated with the
remodeling of the existing 6,012 sq ft city hall into a mortuary and the 3,050 sq ft
expansion. Proposed construction costs included approximately $34,000 for site
work preparation associated with the remodeling of the existing city hall. I looked
up the four parcel numbers and called the county for market values as certified in
1997 payable 1998 as well as those for 1998 payable 1999. Total market value of
land and building as certified is $585,500. Total market value ofland and building
1998 is $688,000. Public parcels are valued every six years and 1998 was the
b)
c)
d)
e)
1
.
.
--
July 7,1998
MONTICELLO
Mr. Joseph J. Fobbe
Vice President Business Banking
US Bank
1010 West St. Germain Street
St. Cloud, MN 56301
Re: Contract for Private Redevelopment between the Monticello HRA and BBF Properties, Inc:
Dear Mr. Fobbe:
As per the Contract for Private Redevelopment between the Housing and Redevelopment Authority (HRA) in and for the City of
Monticello, Minnesota, and BBF Properties, Inc., the Authority will deliver a Note in the maximum principal amount 0[$500,000
upon receipt from the Redeveloper of written evidence satisfactory to the Authority as described in ARTICLE m, ~
Redevel00ment Costs, Section 3.4 of the Contract.
Although the Redeveloper was not present at the HRA meeting of July 1, 1998, the commissioners reviewed a letter received from
Wilson Development Services, Inc., a relocation consultant, summarizing the relocation, demolition, and site improvement costs
expended as of July 1, 1998. According to the 8I.I1lllllaT)', it appears the Redeveloper has expended $345,400 of eligible TIF
expenditures. The remaining $154,600, it is assumed, will be expended upon completion of such site improvements as parking lot,
site lights, and/or landscaping.
Although the HRA has received no written evidence (paid invoices or copies of checks) from the Redeveloper for the expended
$345,400, the commissioners did approve the resolution awarding the sale of, and providing the form, terms, covenants and direction
for the issuance of its $500,000 taxable tax increment revenue note, series 1998; however, deliverance of the note was subject to
expending the total $500,000 and upon receiving written evidence satisfactory to the Attorney and Executive Director of the HRA
If! can be of further assistance, please do not hesitate to call me at 612-271-3208.
Respectfully yours,
HOUSING AND REDEVELOPMENT AUTIIORITY
IN AND FOR THE CITY OF MONTICELLO, MINNESOTA
G~\(,C\u~.0~
Ollie Koropchak
Executive Director
cc:
TIF File
HRA Attorney Steve Bubul
Barry Fluth, BBF, Inc.
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Monticello City Hall, 250 E. Broadway, PO Box 1147, Monticello, MN 55362~9245. (612) 295-2711. Fax: (612) 295-4404
Office of Public Works, 909 Golf Course Rd., Monticello, MN 55362 · (6 I 2) 295-3170. Fax: (612) 271-3272
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Trimble & Associates, Ltd.
Attorneys at Law
11700 Wayzata Boulevard
Minnetonka. Minnesota 55305
T clephonc: 612/797-7477 Facsimile: 612/797-5858
Oflices also in:
Stillwater, Minnesota and
Auckland, New Zealand
Erick G. Kaardal
(612) 797.7477
July 7, 1998
Mr. John W. Plaisted
11555 205th Avenue N.W.
Elk River, MN 55330
Mr. Jay C. Morrell
1401 Fallon Avenue
Monticello, MN 55362
Re: Lot 6, Block 3, Oakwood Industrial Park, Monticello, MN, 5.405 Acres
. Dear Sirs:
I have been retained by Mr. Ron Jolmson regarding the dispute over the above.referenced subject
property (the "Property"). This letter is in reference to your continued use of the Property without
receiving the consent of or without paying compensation to Mr. Johnson.
Factual Background
Ron and Dee Johnson are the lawful owners of the Property. Ron Jolmson improved the Property
by grading and paving it to serve as a car parking lot and leased the Property to the tenants of the
adjoining property, lot 7 (the "Adjoining Premises").
On or about May 1988, Mr. Plaisted purchased the Adjoining Premises and phoned Mr. Jolmson
about the availability of the Property. Over the following few months discussions were held between
yourselves, Mr. Johnson, and Mr. Johnson's attorney, Jolm F. Bonner, III. You made an offer to
purchase the Property at that time. Upon the Johnsons' rejection of your offer, you offered to lease
the Property from Mr. Jolmson for $5,000 per annum. Mr. Johnson indicated that $10,000 would
be a reasonable rental value for the Property. At that time, Mr. Jolmson and Mr. Bonner demanded
orally and in writing that you ~ere to vacate the Property. Despite that demand, you have continued
to use the Property without the consent of or without compensating Mr. Jolmson. As a result of your
actions, Mr. Jolmson is prepared to bring the following claims:
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Mr. Jolm W. Plaisted
Mr. Jay C. Morrell
Page 2
July 7, 1998
Claim No.1: Trespass/Damage to Property
Under Minnesota law, two elements are needed to constitute a trespass: 1) the right of possession
in the plaintiff; and 2) the wrongful and unlawful entry upon such possession by the defendant.
Martin v. Smith, 214 Minn. 9, 7 N.W.2d 481 (1942). Your unpermitted invasion of the Property
constitutes a trespass quare c1ansum fregit. See Id.; Whittaker v. Stanguik, 100 Minn. 386, 11 N.W.
295 (1907); Greenwood v. Evergreen Mines Co., 220 Minn. 296, 19 N.W.2d 72 (1945). The
elements of a trespass are satisfied here, because 1) Mr. Johnson's status as owner of the Property
gives him a right of possession; and 2) your and your lessees' continued use of the Property
constitutes wrongful and unlawful entry upon Mr. Johnson's possession.
As a result of your trespass, the parking lot situated on the Property has been severely damaged by
your heavy equipment, as well as your stockpiling and dumping of construction and other materials.
Mr. Johnson demands that you either completely restore the parking lot or pay Mr. Johnson
reasonable damages.
In addition, your appropriation and use for access, parking, storage and snow removal stock piling
made the Property appear to be continually occupied to other potential buyers. Mr. Jolmson
demands you pay reasonable damages for this injury.
You have also placed dumpsters and storage containers on the Property. Mr. Johnson demands you
and your companies jointly and severally indemnify Mr. Johnson from any adverse effects to the
Property from this.
Claim No.2: Breach ofImplicit Contract
As mentioned hereinabove, you made an offer to rent the Property for $5,000 per annum. Mr.
Johnson stated that $10,000 would be a reasonable amount. When negotiations terminated, Mr.
Jolmson demanded that you vacate the Property. Your continued use of the Property demonstrates
conduct necessary to establish an implicit contract. See Kiebe v. United States, 263 U.S. 188 (1923);
Entsgaard v. Bowen, 183 Minn. 339, 237 N.W.! (1931); McArdle v. Williams, 193 Minn. 433, 258
N.W. 818 (1934); Knaus Truck Lines v.. Donaldson, 235 Minn. 453, 51 N.W.2d 99 (1952) (contract
may be inferred from acts as well as from express language; it may be expressed partly in words,
partly in acts, and partly in circumstances; such contract is recognized as form of express contract).
See also Bergstedt. Wahlberg. Berquist Assocs. v. Rothchild, 302 Minn. 476, 225 N.W.2d 261
(1975); Den Mar Constr. Co. v. American Ins. Co., 290 N.W.2d 737 (Minn. 1979); Miolsness v.
Mjolsness, 363 N.W.2d 839 (Minn. Ct. App. 1985); Weber v. Goetzke, 371 N.W.2d 611 (Minn. Ct.
App. 1985). Your breach ofthis implicit contract makes you liable for damages between $5,000.00
and $10,000.00 per annum, plus interest.
\~.,~
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7/7/98
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Mr. John W. Plaisted
Mr. Jay C. Morrell
Page 3
July 7. 1998
Conclusion
For years Mr. Jolmson has been overly reasonable in bringing your conduct to your attention and
demanding that you meet your obligations for the appropriation and use of the Property. In June
1997, the Wright County Sheriff requested that you vacate the Property and clean it up as you left.
Trespass for access and parking continues. Mr. Johnson again demands that you stop immediately.
Mr. Johnson hereby demands that on or before July 22, 1998 you remit to him or the undersigned
payment for reasonable back rent in the amount of $90,000 plus interest, as well as payment for
damages to the Property and our indenmification. (Please include a ledger showing your calculations
so we can verify the payment as reasonable). Please also contact the undersigned before July 22,
1998 to discuss final payment terms. Thank you.
VelY truly yours,
[f/W
Erick G. Kaardal
. \pt
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