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HRA Agenda 06-17-2002 . I. 2. " -'- 4. 5. . SPECIAL MEETING AGENDA MONTICELLO HOUSING AND REDEVI'~LOPMENT AUTHORITY Monday, June t 7,2002 - 6:00 p.m. 505 Walnut Street - Boom Room Commissioners: Chair Brad Harger, Vice Chair Steve Andrews, Oarrin Lahr, Dan Frie, and Bill Fair. Council Liaison: Brian StUlnpf. Staff: Rick Wolfsteller, Ollie Koropchak, and Lori Kraemer. Call to Order. Consideration to approve the June 5, 2002 liRA minutes. Consideration of adding or removing items from the agenda. Consent Agenda. Public Hearing - Adopt Resolution for the Disposition of Raw Lands located in the northerly one-half or Block 54. 6. Other Business. 7. Adjournment. . . . . HRA Agenda - 6/17/02 5. Public Hearin2: - Adopt a resolution for the Disposition of Raw Lands located in the northerly one-half of Block 54. A. Reference and backeround: PUBLIC HEARING In order tl1r the HRA to transfer title to Hans Hagen Homes, Inc.; Minnesota Statutory, 469.065, Sale of Property states: The authority shall hold a hearing on the sale. Said notice appeared in the June 6, 2002, edition of the Montieello Times. The HRA Chair is requested to open the public hearing allowing a taxpayer to testify for or against the sale. Having heard testimony fiJr or against the sale, thcHRA Chair should close the public hearing. ADOPTION Or: RESOLUTION As you recall, thc liRA began ncgotiations to acquire the four parcels located in the northerly one-half of Block 54 in 1999/2000. Thc arca was identified in the Downtown Monticello Revitalization Plan as an area for redevelopment. The proposed 10 townhouse units for construction are consistent with the Monticcllo Comprehensive Plan. The Contract for Privatc Dcvclopll1Cnt among thc liRA, the City, and Hans Hagen Homes, Inc. which defines the terms and conditions for conveyance and redevelopment of thc sitc has bccn executed. The Purchase Price to be paid to the Authority by the Dcvcloper is $JOO,OOO at closing. "rhc HRA shall preparc thc sitc according to thc "Grading Plan". Thc Contract and Asscssment Agrccmcnt will be rccorded at the County. The minimum markct valuc ofthc 10 townhouscs is $1,900,000. The site plan and plat arc in proccss. Thc spccs and bids for the preparation of a finished pad site ("Grading Plan") were prepared by WSB. Inc. the city engineer consultant, and will be awardcd by the I IRA on June 28.2002. at 6:00 p.m. WSB, Inc. will also prepare the spccs and bids for the replacemcnt of the Front Street, and thc watcr/sewcr lines with construction to commcnce July 29, 2002. The Contract states construction of the townhouses to commence by July 1,2002 (to be amended to July 22. 2002) for completion July 1,2003. However. the units will be fully assessed as of January 2. 2003. J lans Ilagen Homes. Inc. has requested conveyance of the land prior to the HRA's obligation to complete the site as a rinished pad site ("Grading Plan") in ordcr to bcgin marketing and selling the townhouses. Closing date scheduled for June 19. Thc liRA is rcqucsted to considcr adoption ofthc attachcd resolution which defines the public purpose for disposition of the said raw lands. HRA A~enda - 6/17/02 . H. Alternative Aetion: 1. A motion adopting the resolution by the lIRA authorizing the disposition of raw lands as descri bed............. 2. A motion to deny adoption of the resolution by the HRA authorizing the disposition of raw lands as described .................... 3. A motion to table any action. C. Recommendation: Since there will not be a quorum at the June 17, HRA meeting, the Chair is asked to announce the HRA public hearing and meeting will convcne June 18,2002,6:00 p.m., City Hall, Academy Room. 505 Walnut Street Monticello, MN. The Chair may wish to publicly announcc the selling price of the lands. D. Supportim! Data: . Copy of public hearing notice, resolution for adoption, and excerpts from the Contract for Private Development. . 2 your Homerown lVewSpapt:# · Area Public Notices . MINNESOTA SECRETARY OF STATE CERTIFICATE OF ASSUMED NAME Minnesota Statutes Chapter 333 The filing of an assumed name does not provide a user with exclusive rights to that name. The filing is required for consumer protection in order to enable con. sumers to be able to identify the true owner of a business. 1. State the exact assumed name under which the business is or will be con- ducted (one busil)ess name per application): One Touch Turnovers. 2. State the address of the principal place of business. A complete street address or rural route and rural route box number is required; the address cannot be a P.O. Box: 2700 Meadow Lane, Monticello, MN 55362. 3. List the name and complete street address of all persons conducting business under the above Assumed Name. Attach additional sheet(s) if necessary. If the business owner is a corporation, provide the legal corporate name and registered office address of the corporation: Paulette (Polly) Gravelle, 2700 Meadow Lane, Monticello, MN 55362. 4. I certify that I am authorized to sign this certificate and I further certify that I understand that by signing this certificate, I am subject to the penalties of perjury as set forth in Minnesota Statutes section 609.48 as if I had signed this certificate under oath: Date: 03-23-02. -Paulette S. Gravelle-Owner (June 6, 13, 2002) Notice of Public Hearing HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO-COUNTY OF WRIGHT STATE OF MINNESOTA Disposition of Raw Lands NOTICE IS HEREBY GIVEN that the Housing and Redevelopment Authority (the "Authority") of the City of Monticello, County of Wright, State of Minnesota, will hold.a public hearin~ Monday, June 17, 2002, at approximately 6 p.m., at the Monticello Community Center, Boom Room, 505 Walnut Street, Monticello, Minnesota, relating to the proposed disposition of raw lands located within the Redevelopment Plan for Central Monticello Redevelopment Project No.1 and the TIF Plan for TIF District No. 1-22. The raw lands proposed for disposition are described as follows: . Description' Lot 6 and the Southeasterly 33.00 feet of Lot 7, as measured at right angles to the Southeasterly line thereof, Block 54, Townsite of Monticello, Wright County, Minnesota. Lot 7, Block 54, Townsite of Monticello except therefrom the Easterly 33 feet thereof, and Lot 8, in Block. 54, of the Village of Monticello, Wright County, Minnesota That part of Lots 9 and 10, Block 54, in the City of Monticello, according to plat by John O. Haven on file and of record in the office of the County Recorder, in and for the County of Wright, State of Minnesota, described as follows: Commence at t~e Northwesterly corner of Lot 10 in said Block 54; thence running in a Southerly direction along the Westerly line of said Lot 10, 80 feet; thence in an Easterly direc- tion parallel to the Northerly line of said Lots 9 and 10, 132 feet to the Easterly line of said Lot 9; thence in a Northerly direction along the Easterly line of said Lot 9, 80 feet; thence in a Westerly direction along the Northerly line of said Lots 9 and 10,132 feet to the place of beginning, situated in Wright County, Minnesota. Lots 9 and 10, Block 54, except the North 80 feet, Monticello, according to the plat and of record in the Office of the County Recorder, in and for the County of Wright, State of Minnesota. -Ollie Koropchak, HAA Executive Director (June 6, 2002) . ORDINANCE AMENDMENT NO. 378 City of Monticello _ _. ... Y'!(~.Sl..l!.!:. PS'!.~:n"'Y,., ~lnll'1l..O'''', ":..' \ \ 1.J,Ulll..L""''-'.U.V, .,&_- a_" ----J, town. "People in the community rallied around us," he said. "People we never knew." He was touched by his neighbors' kindnesses at the time, and is happy to report that Marie eventually made a complete recovery. In 1974, Flicker's moved to the former home of Klimmek's Home Furnishings, which was going out of business. The building was divided into two stores sharing a common wall, and Flicker leased half the space to Larsen's Carpet. Flicker started the appliance side of his business that year, picking up dealerships for Frigidaire and Zenith, when Marty Kjellberg's nearby appliance store closed its doors. In 1977, Fullerton Lumber-which took up the block where the current Flicker's stands-burned to the ground. Coincidentally, Flicker, a member of Monticello's Fire Depart~ ment, was one of the firefighters to answer that call. 'The flames were so hot our tail- lights were melting," he said. "I never thought I'd have a building on the site." One warehouse remained standing after the fire, and Flicker began renting it in 1978. A year later, jle bought the lot and built his current store, adding the southern half- which became home to a dental office and a waterbed store-a year later. Those spaces are now occupied by Select Eyecare and Monticello Floral. Situated in the same location for 23 years, Flicker's has continued to thrive. Originally a home-based side- line repair service, the company now provides a wide array of appliances, from ranges to refrigerators to central Ul~ 111\;..i !-'V;},,,:)U..J'H.l.U...... ~~ -- day-to-day grind. . "After 30 years of WI retail side of the business, . get tired out," he said. "W about the hours, the nights ends I've put in, I guess back away and relax. As ual owner, you're tied up, some real good help-s employees-but you still there to oversee the place.; The first step toward was to replace Marie, wl1 doing the Flicker's boo years. Marie moved on i the Chamber part time. "A couple of years ag a bookkeeper," he sa' wouldn't have to be fIg way for both of us to get at the same time." As Flicker continued the notion of retirement, i if his business was to sUI. some restructuring' would 'There's a tendency ft owners to control, conti he said, "to micromanag' different hats every da very first employee I h stood that it takes mal make it work. My tend the help became second to stand back, so that ti in Flicker's and Brand ~ had to be in the employ, then would the busmess Gradually, he force change. He knew he hf employees "the respo authority and the acco handle their own areas I He also began lo q good candidate for his r Their two sons ha. up to pursue interests NOTICE Notice is hereby given that the Monticello Planning Commissir a special meeting regarding the Monticello Land Use Plan. Thi' held Wednesday, June 12, 2002 at 7 pm in the Mississippi Room Community Center. Since there may be a quorum of the Plannin2 Commissir tl.!j'l'~21:2P-~~~t ~~~_~~~~o/-h..~'?En2.'!'.i~E.~,!e"?e.~'!r:!.t ~._ u.!':!~r:!'Y..J~~ \ . . . HRA RESOLUTION NO. A Rl~SOLUTION BY THE HOIJSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO, MINNESOTA, AlJTHORIZING THE DISPOSITION OF RAW LANDS. WI IEREAS, the Housing and Redevelopment Authority in and for the City of Monticello (the "Authority"), the City of Monticello (the "City"), and I lans llagen Homes, Inc. (the "Developer") agree to the terms, conditions, and covenants of the Contract for Private Development by and among Hans Hagen Homes, Inc. and Ilousing and Redevelopment Authority in and for the City of Monticello and the City of Monticello, Minnesota, dated April 22,2002; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello declares the said raw lands for disposition lie with the Modified Redevelopment Plan Itw Central Monticello Redevelopment Project No.1; and WI IEREAS, the Housing and Redevelopment Authority in and for the City of Monticello declares the said raw lands for disposition lie with the Tax Increment Plan for Tax Increment Finance District No. 1-22; and WHEREAS. the Housing and Redevelopment Authority in and for the City of Monticello owns and shall prepare the said raw lands according to the grading plan attached to the Contract for Private Development; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello declares proper notice appeared in the Monticello Times relating to the public hearing held on June 17,2002, for the disposition of the said raw lands; and WI IEREAS, the I lousing and Redevelopment Authority convened the public hearing of June 17_ 2002, on June 18,2002, for the disposition of the said raw lands; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello and Hans Hagen Homes, Inc. agree the developer shall construct upon the said raw lands 10 owner- occupied townhouses, each with a minimum square footage of at least 1,600 square feet by July 1.2003. WHEREAS, the Housing and Redevelopment Authority in and for the City of Montie clio and Hans I lagen Homes agree the minimum market value to be at least $1,900,000 for the sum total of the 10 townhouses as of January 1,2003; and . . . HRA Resolution No. continued WI IEREAS, the Housing and Redevelopment Authority in and t()r the City of Monticello and Ilans Hagen Homes, Inc. agree to a purchase price of Three Hundred Thousand Dollars and No Cents ($300,000) for the disposition of the raw lands described as: Lot 6 and the Southeasterly 33.00 feet of Lot 7, as measured at right angles to the Southeasterly line thcreof, Block 54, Townsite of Monticello, Wright County, Minnesota. Lot 7, Block 54, Townsite of Monticello except therefrom the Easterly 33 feet thereot~ and Lot 8. in Block 54, of the Village of Monticello, Wright County, Minnesota. That part of L,ots 9 and 10, Block 54, in the City of Monticello, according to plat by John O. Haven on file and of record in the office of the County Recordcr, in and for the County of Wright, State of Minnesota, described as follows: Commence at the Northwesterly corner of Lot lOin said Block 54; thence running in an Southerly direction along the Westerly line of said Lot 10, 80 fect thcnce in an Easterly direction parallel to the Northerly line of said Lots 9 and 10, 132 feet to the Easterly line of said I,ot 9; thence in a Northerly direction along the Easterly line of said Lot 9, 80 feet thence in a Westerly direction along the Northerly line of said Lots 9 and 10.132 feet to thc place of beginning, situated in Wright County, Minnesota. Lots 9 and 10. Block 54, except the North 80 feel. Monticello, according to thc plat and of rccord in the Office of the County Recorder, in and 1'01' the County of Wright. State of Minnesota. NOW. THEREFORE. BE IT RESOLVED by the governing body of the Housing and Redevelopment ^uthority in and for the City of Monticcllo finds the redevelopment to be in the public interest because: 1. It provides maximum opportunity f(}[ redevelopmcnt by private enterprise, consistent with the objectives of the Modilied Redevelopment Plan f()r the Central Monticello Redevelopment Project No. I as a whole. 2. It will encourage rcdevelopment of an arca in a manner that will increase the financial base of the City of Monticello and improve the source of public revenue. 3. It will provide adequate street, utilities, and other public improvements and I~lcilities to enhance the area fl.)]' both existing and new developmcnt. 4. It will eliminate blighting influences which impede the potential development of an area. 5. It will provide redevelopment sites of such size and character to assure development of the area. 2 (",... '-""-, .".-) . . . lIRA Resolution No. continued 6. It allows the acquisition and removal of buildings that arc structurally substandard and/or buildings that arc economically or functionally obsolete. 7. It will accomplish the optimum quality of development for the project through site planning and landscape architecture, the treatment of open space, building design, the use of materials, scale, appropriateness, and functional utility. 8. It is consistent with the City of Monticello Comprehensive Plan. The I lousing and Redevelopment Authority in and fl.)!' the City of Monticello, Minnesota, docs hereby authorize the disposition of described raw lands to Hans Hagen Homes, Inc. subject to compliance of the Contract for Private Development dated April 22, 2002. Adopted by the Monticello Housing and Redevelopment Authority in and J()r the City of Monticello, Minnesota, this _~ day of June, 2002. I-:l.RA Chairperson ATTEST: HRA Executive Director ., -) . . . ARTICLE III Acquisition of Property: Fin;tl1ci.lIAssistancc Section 3.1. Acquisition and Convevance of the Development Propertv. As of the date of this Agreement. the Authority o\vns the Devdopment Property. The Authority \\iIL subject to all the terms and conditions of this Agreement. cOI1\'ey the Development Property to the Developer for $300.000. Section 3.2. C ondi tions of Acquisition and C onve\'ance: Purchase Price. (a) The Authority shall convey title to and possession of the Development Property to the Developer by a deed substantial I)- in the form of the deed attached as Exhibit E to this Agreement (the nDeedn). The Authority's obligation to acquire :;ll1d convey the Development Property is subject to satisfaction of the following terms and conditions: (i) the Dewloper hewing submitted to the Authority evidence of financing as required under Sl:'ction 7.1: (ii) the Developl:'r having submitted and the Authority ha\-ing approved Construction Plans for the ;\-linimum Improvements: (iii) thl:' Developer- having reviewed and approved title to the Development Property as set forth in Section 3.-+: (i\) the Developer ha\'ing executed and delivered to the Authority the Assessment Agreement: (\) the De\-eloper not being othenvise in default under this Agreement: (vi) the Authority having complied \\"ith all statutory preconditions and hearings required for the sale of the Development Property and the execution of this Agreement: and (viii) the Developer having paid to the Authority $300.000. The closing on conveyance of the Development Property from the Authority to the Developer shall be on such date as the Dewloper and the Authority shall agree in \\:riting_ but in no case later than 2002 (the -'Closing Date'"). (b) The purchase price to be paid to the Authority by the De\"eloper in exchange for the conveyance of the Development Property shall be $300.000 to be paid by the Developer to the Authority at closing. D.lCj.~(J7~li<\ ~ IdN Ili(J.Q7 7 ..- l.-" ...-1 Section Recordin!2_ ~ ~ -' .-"'. Place of De\elopll1(,llt Propel'[\' Docunll'nt E:\ecution. Deli\l:'n', and . (a) L'nJess othen\ise ll1utuJI]y agrl:'ed by the Authority and the De\elt)per. the.' ewcution and deli\'ery of all de~ds. dllCUll1ellts. and thl:' pJyment of any purch~lse price pen;1ining to the Development Property shall be made at the offices of the Authority, (b) 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 the Development Property, (c) The Developer shall pay on the Closing Date: (i) The Developer' s arrome:' s fees: (ii) Recording fees or taxes for the Deed: (iii) All costs and expenses of the related to the title insurance described 111 Section 3,-1-: and (i\-) Real estate taxes due and payable in the year of closing prorated tl'om the Closing Date to the end on the year of closing. (d) The Authority shall pay on the Closing Date: . (i) Rl:'cording fees or taxc;'S relating to mortgage or lien satisfaction: (ii) Real estate taxes due and payable in the year of closing prorated to the Closing Date: (iii) All assessments of record and all pending assessments. except any taxes to be levied according to the terms of the Assessment Agreement. such taxes to remain the sole responsibility of the De\-eloper and its successors and assigns, Section 3.4. Title. As Soon as reasonably practical after the date of this Agreement. the Authority shall obtain and pro\'ide Developer with a commitment for the issuance of a policy of title insurance for the Development Property. The De\'eloper shall have ten (10) days from the date of its receipt of such commitment to review the state of title to the Development Property and to provide the Authority \\'ith a list ofwrinen objections to such title. Upon receipt of the Developer's list of written objections. the Authority shall proceed in good faith and with all due diligence to attempt to cure the objections made by the De\'eloper. Nor earlier than eleven days following the date the Authority shall haw received a commitment for the issuance of a policy of title insurance for the De\elopment Property or. in the e\ent the Developer shall haw pro\'ided the Authority \\-ith a list of \vritten objections. \\ithin tc;'n (10) days after rhe date th~lt all such objections ha\e been cured to the reasonable satisfaction of the De\-eloper. the Authority and Developer shedl proceed with the acquisition :1nd comeyclIlce of tlk De\'elopment Property plirSU:;:lIlt to Sl:'ctions':;,] and ':;,.:2 . of this Agreement, In the e\ent th:;:lt the Authority has failed to Clire objections \\ ithin sixty (60) D.I(;.:un\l~\ ~ \INI91)-97 8 . . . days afkr its re.c.:il't cd' the D~\~lup~r's list of such oh.iectil1l1S, eith..:r the De\~lop~r or the ,-\uthl)rity m.IY b; th~ !;i\ in!; of \\ ritlcn nutic~ to Ih\.' oth..:r. krmin~ltc: this A;;re~ll1..:nL UPl)1l the- rec~ipt of \\hich this .-\;;rCell1Cllt sh~t!l he null and \ oid and ncithl'r party shJl1 h~1\ e- ~1Il; li.lhility herl;.'undcr. The ..\ulhurilY sh:t!l h~l\ e- no ohli;;<1tion to wk~ <1ny Jction to cl~Jr defects in the- title to the Dc\ \.'lupll1\..'nt Prl)peny. ,it:1cr th<1n thc gli'id bith dTl)rtS lkscribd :\b()\c, Section 3_5, Soil Conditions. The Authority shall. prior to closing. gr<1de the Dewlopment Property m the sole cost of the .-\uthority according to the grading plan attached here to as Exhibit F (the "Grading Plan"), The Authority shall pro\'ide the Developerwith a soils engineer's report that verifies the condition of the soil shall permit the Developer to construct all ten Townhouses and install dri\e\\'ays. alleys. and side\\-alks \vithout any cost to the Developer to correct soil conditions on the Development Property. The Authority hereby represents and warrants to the De\eloper that the Authority h3s neith~r caused. permitted. or has any knowledge of any storage. disposal. or dumping of hazardous subswnces on the De\'elopment Property in violation of federal or State la",- and the Authority funher agrees to indemnify the De\'eloper. and its. successors or assigns. including all persons hereafter acquiring <1n o\\nership interest in any pan of the De\'elopment Propel1y. from and against <1ny and all liability. loss. costs. damage and e:\pense resulting from or due to the release or thn:~lten~d rck<1se of ho.zardous subswnces.luzanJl1lls \\-astes. pollLltunts or cont<1minanrs \\hich \\ere or an: Jlle-ged to hJ.\e been deposited. stor-:d. dispos~d of. or placed on the Dewlopment Property by any pe-rson during the period in \\hich the Authority had title to the De'\.elopment Property, This indemnitlc3tionshall be binding upon heirs. personal represenratiws.successorsand assigns of the .-\uthority, Section 3,6_ P<1\'ment of Administrative Costs, The Den~lop,:r agrees that it will p<1) upon d~mJncl by the ALlthority. Administrative Costs (as hereafter defined). For the purposes of this Agreement. th~ tC'rm '..-\dministrati\e Costs" means out-of-pocket costs incuned by the Authority and attributable to or incurred in connection with the negotiation and preparation of this Agreement Jnd othe-r documents and agreements in connection with the de\'elopment contemplated hereunder. Out-of-pocket Administrative Costs shall be evidenced by in\'oices. statements. or other reasonable \\Titkn e\'idence of the costs incurred by the Authority. As of the date of this Agreement. the De-\(~Ioper has Je-pl)sited 55.000 \\ ith the Authority to be- applied to\\ard Administrati\'eCosts, The amount by \\hich this deposit e:\ceeds the Authority's actual Administratiw Costs. if any. shall. upon demand by the De\eloper. be returned to the De\eloper. but no earlier than the- date on which the De\'eloper receiws a C enificate of Completion pursuant to Section 4,4 of this Agreement. Section 3,7. Construction of Improvements. (a) In order to make dewlopment of the !\ linimum Impro\ements economically feasible. the City and the Authority \vill complete. at the Authority's sl)le cost a.nd e:\pense. the following impro\'ements: (i) a project to upgrade. replace. and othe-l"\\ise impro\e the street. sewer. and water infrastructure serving the Development Property: (i i) demolition of an e'(isting house and any other existing structures on the Carlson Propel1Y. such de-nwlitil)n to ,Kcur 11l) Inter than .-\ugust 31. 2002. and seeding and sodding of the Carlson Property by 11l) bkr than September 30. 2002. subject in bl)th cases to receipt by the Authority of all neceSSJr; apl'I'O\'als from the State Department of !\Jtural ReSl)UrCeS and J.ny other agency with proper.i urisd i cti on: (i i i ) c(1nstructilin 0 f 10 ne\\ \\ater and st'\\er stubs des i g ned to seJ"\'e the Parcels: JnJ (i\) c\.n-;tI"llctil)n (11' lme pad on each of the I 0 P~lrcek such pads designed to permit Cl)nstructil)n llf ~\ Tl)\\ nhous~ then:on and constrULtil.nllf such pads to be cl)mplded no later than I) ,h. I-':II-,'\,,"'\,~ ~I'\. 1'11'-"- 9 .2002, . (0) lhe .-\uthllrit; and the City agrec \\ith each lither. and fi.1r the h~ndit of no other person. including but not lil11it~d to the [)e\t.'lop~r. and sub;l'ct to the- ri!;ht of the City and the Authorit; [() llthC:'r\\ise pay for Jny such items out of~lIlY funds Ia\\fully a\Jibble for such purposes. that the items describC'd in Section,), 7(a) shall be paid for as 1(1110\\'5: (i) T\\ehe and one-half percent of the street. se\Ver. and water infrastructure rep!.:lcement costs shall be paid for by the Authority with Tax Increment. or with tax increment generated by other property within the TI F District to the extent that such tax increment is not otherwise committed: (i i) T we h'e and one-hal f percent of the street. sewer. and \\ater in frClstructure r~p/Qcement COSts shall b~ assessed by the Ci ty against the Carlson Propel1y: (ii i) Se\'enty-li \'e percent of the street. sewer. and Wo.ter i nt'i'astructure replacement costs shall be paid for by the City Out of its general funds or out of any other City \\hich m:.lY b~ Ia\\fully used for this purpose: (i\) Demolition of existing structures on the Carlson Property. site cleClning of the;> PJ.rcels. construction of the 10 water and se\\er stubs. construction of the 1 0 Townhouse pads. and grading the bClbnce of the Dewlopment PrOperty according to th~ Grading Plan. "I II 011 be paid b, the _-\ utho ri ty with T a, 1 nc re men l. 0 r wi th [0' i nc remen t g ene'-uted b, . other prop~rty \\'ithin the TIF District to the extent that such tax increment is not othel"\\'ise committed: and (v) Twenty-four thousand six hundred dollars ($14.600) of sewer and water hook-up and trail fees \\ilJ be paid by the Authority \\'ith Tax Increment. or with tax incre;>mem generated by other property within the TI F District to the extent that such tax incr~ment is not othen\'ise committed. with any remo.ining such fees that would otherwise be due forgiwn by the City. (c) The City and th~ Authority further agree that the City slwII reimburse the A.uthority for $35.000 of the $78.000 appraised value of the land ponion of the Carlson Property. such reimbursement to be made out of unrestricted City funds and to be paid \\'ithin 10 days of the date of this Agreement. with the Authority paying the remaining $-1-3.000 of such purchase price out of unrestricted Authority funds. Section 3.8, Business Subsid\' AQreement. The Business Subsidy Act does not apply to this Agreement becCluse the assistance being pro\'ided hereunder is to promote housing opportunities within the Cit\, Sectillll 3,9, L'se ofTo.\ Increment. E:\ct:'pt o.s set f()rth h~rein. the ,-\uthorit\ "hall hZl\t' no Obligation to the Dewloper \\ith reg::lrd to its use of Ti..1\ lncrell1~l1l :md may use Tax Increment for any Ia\\'ful purpos~s. \\hether s<."t tl)rth herein or oth~'I"\\'is(', . OJu.207ol):',: ;\1:\ I <)(}-<) 7 10 ARTICLE 1\' Construction of .\Iinimulll Impr'O\ ements Sectiun-L]. Construction of Impr(n'emenrs, The Dc\clopcr agrees thJt it \\ill construct the !\linilllulll Illlpro\'emems on the Dewlopment Prnpcny in iKCOrdJnc~ \\ith the apI)l'O\ed Construction PlJ.ns .Jnd at aJltillles during the term or this Agreement. \\ill opt..'rJte and maintain. presel"\e and keep the \1 i ni m um I mpro\ements or ca use suc h im prO\'cl1lc:-nts to be Illai nt::lined. presel"\ed ,:lIld kept \\ith the appurtenances ~lIld e\ery part and parcel thereoL in good repair and condition during the term of o\\nership by the De\eloper. The Authority shall IlL"1t kl\'e any obligatiunto operme or ll1J.intain the !\.linimum Il11pro\ements, Section -t.':, Construction Plans. (a) Before commencement III construction of the rvlinill1ul11 Impro\Cments. the De\-eloper shall suhmit to the Authority Cl)nstruction Plans, The Construction Plans shall prO\ide for the construction o1'the !'vlinil11umlmprl)\emt..'ntsand shall be in conti.)rll1ity \\ith the Rede\elopll1ent Plan, this Agreement. and all applicable Sl~lte J.nd local b\\s and regulalions, The Authority \\ill apprO\e the Construction Pbns in \\riting if: (i) the Construction Plans conti.)f"Jll 10 the terms Jnd conditions of this .-\gr~el11ent: (ii) thc Construction Pions conform tl) thc goals ::lnd objecti\es or the Rede\clopmcnt Plan: (iii) th\,., Construction Plans conforll1to ~dl applicable 1'edt..'ral. stJ.te and Joc.1/laws. ordinances. rules and regubtions: (i\') the Construction Plans J.re udequate to prO\'ide for construction of the \linimul1lllllpro\l;'ments: (\) the Construction Plans do not prO\ide for expenditures in excess of the funds a\ailahk tll Ihe De\'eloper ti'om all sources tllr construction of the Minimum 1111prlAements: Jnd (\-i) no E\l;'nt of DefaulT has occurred. Appro\almJY be hased upon a re\-ie\\ by the City's Building Onicial of the Construction Plans. \io :lppro\'al by th~ Authority shall relie\e the Dewloper of the ohligation to comply \\'ith the terms of this Agreement or of the Redevelopment Plan. applicable federal. state J.nd local la\vs. ordinances. rules Jnd regulations. or to construct the J\.linimum Impro\ements in ilccordance there\\ith. :":0 appro\:ll by the Authority shull constitute a \\ai\er of an E \ent of Debult. If appnnal of the Construction Plans is requested by the Dcvelop..r in nTiting :It the time of submissil1n. such C unstruction Plans shall be deemed appro\ed unless rejected in \\riting by the Authority. in \\hok or in pUrl. Such rejections shall set forth in detail the reJ.sons therefore. and shall he made \\ithin ] 0 days Jtier the date of their receipt by the A.uthority. If the .-\uthority rejects any Construction Plans in whole or in part. the Oe\eloper shall suhmit new or corrected Construction Plans \\ithin lO d.1Ys after \\ritten notitication to the De\eloper of the rejection. The prO\isil1I1s of this Section relating to approval. rejection and resubmission l)f corrected Construction Plans shall continue to apply until the Constructil)n Plans ha\e been appro\ed hy the Authority. The AlIthl)rity's apprli\al shall not be unreasonably withheld. Said apprO\'al shall constitute a conclusi\c' Jdermination that the Construction Plans (and the Minimum Impro\'ements constructed in accordance \\ith said plans) comply to the Authority's satisfaction nith the pro\'isions of this Agreement re/ilting therelO_ (b) If the Dt.?\eloperdesires 10 make' an:- \l:1krial change' inth.: C(\nstruction Plans after their appnnuJ by the Authority. other than ortiol1s normally offert.?d to hy the Dewloper to pllrch:lsers Uf;1 tln\1111l1use \\ith resf)ect t() tht.? intL'rior of :1Il:- To\\nholl:;<.'. \\ hil'h :;lIch ul'tinl1s can ht.' orrel't..'d and iI111,J".'n)enlc'J \\ itlwut regard l() this S,:cti()n -+,:;( b l. the' D\,.,\ \..'1 ()p<.'r sh~dl suhmit the Dl( 1.':jJ-,,,'I~\.~ \1'r~I(Uj- I: . . . . . . proposed chdn!;\:' w the A.Lltlwrity t"or its dpprO\al. It" the Cllnstruclil1l1 Pbns, as mlxlitiL'd by the ~lrl)posed ch~lI1!;e, cl1nt"l1l'mtl1 the rL'l]uirements ll( this Section ..t_:' l1j" this-\o;rcenk'nt \\ ith rL'spL'ct to such prC\il1Llsl; al'l'I'l)\eJ Clllbtrudic1l1 PLtns. the: ,-\Llthurity shall appI'l1\ e the pruposed ch~lnge: and notiry the De\ ell1per in \\Titing L1( its appn1\-o.l. Such change in the: Cl1nstruction Plans sh.JiI. in any c\ent. be: J<.::cll1ed ~lppro\ed b; the _-\uthority L1nless r\;'j\;'cI(;',L in \\hI11e: L)r in part. by \\riuenlwtice by the Authurity to the De\eloper. setting forth in detail the rensons therefor. Such reje:ctil1n sho.ll be made \\ithin {<;?n ( ] 0) dnys ::Jttcr recciptllfthe notice of such ch:ll1ge. The ,-\uthority' s appro\'a! of any such chnnge in the Construction Plans \\ill not be unreasonably \\'ithheld. Section ..t.3, Commencement and Completion of Construction. Subject to Unavoidable Delays. the De\eloper shall commence construction of the l'vlinimum ImprO\ements by the bter of July I. 200:' or 10 days follo\\ing the Closing Date. Subject to l"na\oidable Debys. the De\eloper shall complete the constructiunof\!inimum Impron:"mentsby July 1.2003. ,-\11 \\ork \\ith respect to the i\linimum ImprO\ements to be constructed or provided by the De\-eloper on the De\elopment Property shall he in conformity \\'ith the Construction Plans as s.ubmined by the De\'eloper and appro\ed by the .-\ uthori ty. The De\ eloper agrees for itself. its successors and assig.ns. and c\ery successor in interest to the De\elopment Property. or any part thereof. that the De\eloper. and such successors and ::Issigns. sh::lll promptly begin and diligently prosecute to completion the de\elopment of the De\dopment Property through the construction of the i'vlinimum Impro\ements thereon. and that such construction shall in any e\-ent be commcnced and complekd \\ithin the period specified in this Section ..t.3 of this .-\greemenl. The obligation to construct the \linimuITI Impn)\ements in accordance \\ ill1 this Section touches and concerns the land. and shall run \\ ith the De\elopment Propel1y and be binding UpClJ1 all successors and assigns to the De\elopment Property. After the date of this ,-\greement and until construction of the ~vlinimum Imprl)\'cments has been completed. the Developer shall make reports. in such detail Jnd ::It such times as may reasonably be requested by the Authority. as to the ::Ictual progress nrthe De\clopel'\\'ith respect to such construction, Section ..t...t, Certiticate of Completion. (a) Promptly aticr completion of the: f\,!inimum Impro\enk'nt:; in accordance \\ith thosc pro\isions of the Agreement relating solely to the obligations of the De\ell)per to construct the Minimum Impro\'emems (including the dates for beginning and cl)mpletion thereof\ the Authority Re:presentati\'e \\ill furnish the Developer \\ith a Certilicate slw\\'n as Exhibit B. Such certification Jnd such determination shall not constitute evidence of cl1mpliance with or s;]tisfaction of any obligJtion of the De\eloper to any Holder of a 1\ lortgage. or any insurer of a i\lortgage. secunng money loaned to tinunce the !\'linimul11 Impro\'eme:nts. or ;]I1Y part thereof. (h) Promptly after completion of each T o\vnhouse in accordance \\'ith those pro\isiol1s of the Agreement relating solely to the obligations of the De\ell1per to construct that To\\-nhouse (including the dates fl~r beginning and cL1mpletion thereof), the Autlwrity Represento.tive \\'ill furnish the D<;,,\eloper \\ith 0. Ceniticate shown as Exhibit C. Such certitication and such dctermin~llil'n shall not constitute e\idence uf compliance \\ith or satisfactinn of i1l1y ublig~Hion of the Dc\ell1per tl1 an; Holder l1r ~1 \lortgi1ge. l1r any insurcr of J \ lortg.1gC. securing money Inaned to fi nance the \ I i ni m lIm I J1l prll\ cmc'n IS. or ~lI1y part therenf. {)It,~':::ll-,"lll~\ .~ \1". 1'!lj.q~ 13 (c) If the Authority shall refuse or fail to pro\'ide any ceniticmion in ::lccordance with the prO\isions of this Se'ction .t..:J. of this :-\greel11ent. the Authority shall. within thirty (30) days atier \\Titten request by the De\eloper. pro\"ide the De\eloper \\'ith a \\Titten statement. indicming in ::ldequate detail in \\hat respects the De\eloper has tailed to complete the' I\linimul11 Impro\'ements in ::lccordance \\ith the provisions of the Agreement. or is other\\isC' in detoult. and \\'hat measures or acts it will be necessary. in the opinion of the Authority. for the Developer to take or perform in order to obtain such certitication. . (d) The construction of any T oW!1house shall be deemed to be complete upon issu::l!1ce of a certiticate of occupancy for that T ov.:nhouse. The construction of the l\ilinimum Improvements shall be deemed to be complete upon the issuance of certificates of occupancy for all 10 of the Townhouses constituting the Minimum ImprO\'ements. Section .t.5. Plat. Prior to commencement of construction of the Minimum Improvements. and as a condition precedent to the obligations of the City and the Authority hereunder. the Developer and the City \-vill enter into a developer's agreement (the "Developer's Agreement") pursuant to which the Dewloper will make certain represent::ltions in e\clunge for the City's approval of a pint consisting of the De\-e]opment .-\greement. such agreement to be in such form as the City and the Developer mutually agree. but in any case containing such terms as are customary for developer's agreements entered into by the City. including but not limited to the dedic::ltion of the Carlson Property as park land. The Developer shall perform its obligations under the Developer's Agreement. . . DH i-~II-X')~,:: 1\1\ 1')(1.</7 ].t . . . ARTICLE \" I nsu ranee and Contkmnation Section 5,1. Insurance. (a) The De\eloper \\ill pro\ide :lI1d maintain at all times during the process of constructing the t\linimum Impro\em<.:nts an All Risk Broad Form Bosis Insurance Policy and. from time to time during that period. at the request of the Authority. furnish the Authority with proof of payment of premiums on policies co\'ering the foIIO\\ing: (i) Builder's risk insurance. written on the so-called "Builder's Risk -- Completed Value Basis." in an amount equal to one hundred percent (1000/0) of the insurable \::11 ue of the :vI inimum I mpro\em<.:nts at the date.' of completion. and \\ith coverage a\ailable in nonreporting form on the so-called nail risk" form of policy, The interest of the Authority shall be protected in accordance with a clause in. form and content satisfactory to the A uthori ty: (ii) Compr<.:hensi\'e gt:neralliability insurance (including oper::ltions. contingent liability. operations of subcontractors. completed opc:r:ltions and contractual liability insurance) together \\ith an Owner.s Contractor.s Policy with limits against bodily injury and property damage of not less than S 1,000.000 for e:.lch occurrence (to accomplish the alK)\'e-required limits. an umbrellJ e\cess liJbility policy may be used): and (iii) \\'orkers. compensation insurance. \\ith swtutory co\erage. (b) L:pon completion of construction of the l'vlinimum Impro\'emenrs and prior to the Termination Date. the Developer shall maintain. or cause to be maintained. at its cost and expense. and from time to time:.lt the request of the Authority shall furnish proofofthe payment ofpremiums on. insurzlIlce as folll)\\s: (i) Insurance against loss and/or Lbmage to the :'vlinimum Improvements under a policy or policies co\'ering such risks as are ordin<.lrily insured against by similar businesses: (ii) Comprehensi\e generJ.1 public liability insurance. including personal injury liability (\\ith employee exclusion deleted). against liability for injuries to persons and/or property. in the minimum amount for eJ.ch occurrence and for each year of S 1.000.000. and shall be endorsed to sho\\' the Authority as additional insured: and (iii) Such other insurance. including workers. compensation insurance respecting all emplu) ees of the Dewk)per. in such amount as is customarily carried by like organiz:niuns engJ.ged in like activities of comparabk size Jnd liability exposure: pro\'ided that the DI;'\e1L~per ll1~ly. ifpermitted by b\\. be s.:If'-insured \\ith respect to all or allY pan of its li~lbilit: fl)r \\ orkers' (ompenS~ltil)!1. Ic) ,.\11 inSLlr~ll1(1;' requir..:d in _-\rtick V l)f this AC2reell1C'nt shJ.11 be taken nut and [),I( 1-:(17S\I~\"~ :'II!', I <I().<I- 15 s mailltainL'd in responsibk insur,:1I1ce companies selected [1: the Dc.'\cloper \\hich are authorized und"r the l~l\\S or the St~ltl.' tll as:;ul1le the ris\..;s co\ered thereb:" L"pon request. the Dc\"eloper \vill depl)sit :1I11111~t1ly \\ ith th.... .-\uthority policies e\'idcncing all .:;uch insur;)nce. l)r a certificate or Cc.'rtilicatl.'s ur hind!.:'r:; l)f the respective insurers stating that su..:h insur':lllce is in force and etl~ct. L"nk'ss uthc:n\ is.: prO\idcd in this Article V of this .-\greement. e~H:h policy shall contain a pru\ision that the insurer shall not cancel nor moditY it in such a \\ay as to reduce the co\-erage pro\ided belo\\ the Ul110unts required herein \\ithout gi\'ing written notice to the Developer and the Authority at least thirty (30) days before the cancellation or moditication becomes effective, In lieu of separate policies. the Developer may maintain a single policy. blanket or umbrella policies. or a combination thereof. ha\'ing the co\-erage required herein, in which event the De\'eloper shall deposi t \\i th the A uthority a certiticate or certi ticates of the respecti ve insurers as to the amount of cO\"i~rage in force upon the ^'Iinimum Impro\'ements, (d) The Developer agrees to notit), the Authority immediately in the case of damage exceeding S] 00.000 in amount to. or destruction of the i"vlinimum Improvements or any portion thereof resulting from tire or other casualty. In such eVent the De\eloper either \vill forthwith repair. reconstruct. and restore the Minimum Impro\'ements to substantially the same or an improwd condition or \'alue as it existed prior to the e\ent c~lllsing such damage and. to the extent necessary to accompl ish such repair. reconstruction. and restoration. the De\'eloper \\-ill apply the Net Proceeds of any insurance relating to such damage recei\ed by the Developerto the payment or reimbursement of the costs thereof. The Dewloper shall complete the repair. reconstruction. and restoration of the l'vlinimum Impro\Cmenrs. \\hether or not the Net Proceeds of insurance rec.:ei\'ed by the Dewloper for such purposes are sufficient to pay for the same. Any ?\jet Proceeds remaining after completion of such repairs. construction and restorution shall be the property of the Developer. (e) The Dewloper and the Authority agree that all of the insurance provisions set forth in this ,-\rtic.:le \/ shall terminate upon the T erminarion Date" [) I( ,":1I7S<l', ,: \1"\ 1<111.'1- 16 . . . . . . ARTICLE \'1 Tn:\ Increment: Ta:\es Section 6. I. Ri!.!ht to Collect Delinquent Taws. The De\elopl;"r aCknlH\ Icd:;es th:ll the Authority is prLl\iding subst:lnti:d aid and assistance in furtherance l)f the dC\l'IL)rmc?nt. The De\eloper understands that the tax increment intended to p<.1y expenses of the .A.ut!writy ::lI1d the Developer art:' dcri \ed from real estate taxes on the Development Propeny. \\ hich taxes must be promptly and timely paid. To that end. the Developer a.grees fur itself in Jddition to the obligation pursua.nt to st::llUte to pay real estJte taxes. that it is also obligated by reason of this Agreement to pay before delinquency all real estate taxes assessed against the De\e1opment Property and the l'vlinimum Imprm'ements during the period the De\e1oper 0\\ ns the Oe\elL)pment PrClperty. The Developer ad~nl)\\ledges that this obligation creates a contractu~d right on belul f of the _-\ L1thority to sue the De\eloper to collect delinquent real est:ne taxes and any penalty or interest thereon to the extent that such taxes. penalty. or interest :lre a.ssessed or accrue during the peril)d that the De\eloper 0\\ ns the De\'elopmem Property. and to pay O\er the same as a tax p:::lyment to the county auditor. In any such suit. the Authority sh:::lll also he entitled to rl.'cO\er its costs. expenses. and attorne\ fees, Section 6.2_ Reduction of Taxes. The Oe\eloper o.grees that prior to the T erminJtion Date: (]) it \\ill l1L)t sl.'ek :.Idministr:.Itiw re\'ie\\' or judicial re\'ie\\ of the applicJbility of any tax statute determined by :lny Tax Official to be applicable to the j\"linimum Impro\ements. the Development Property. or the De\eloper. or raise the inapplicability of any such tax statute :.IS a defense in any proceedings. including delinquent tax proceedings: (2) it \\ill not seek administrati\'e re\-iew or judicial re\ie\\ of the constitutionality of any tax statute determined by any Tax Ofticial to be applicable to the :-vlinimum Impro\ements. the De\'elopment Propeny or the Dewloper or raise the unconstinnionalityof any such tax statute as a defense in ::my proceedings. including delinquent tax proceedings: (:;) it \\ill not cause a reduction in the j\;linimum \-1arkct Value (:.IS ddined in Section 6.3) paid in r~spect of the Dc\elopment Property through: (A) \\illful destruction uf the tvfinimum I mprO\elllellls. llr any purt thereof: ( B) wi II ful re fusal to reconstruct d~lmaged or destroyed property pursuant to Section 5.] of this Agreement. except as pro\'ided in Section 5, I (e) or this Agreement: (C) a request tl) the assessor to reduce the l'vlinimum Market V~llue of all or any portion of the De\elopmcnt Propeny: (D) a petition to the bO:lrd of equalization of the- County to reduce the l'vlinimum \!Jr!.;et Value of all or any portion of the Dewlopment Property: (E) a petition to the boa.rd of equalization of the State or the Commissioner of Re\enue of the State to reduce the Minimum \larket Value of all or any portion of the Dewlopment Prop_my: (F) an action in a district coun or the State or the tax court of the Stak pursuant to :--vlinnesL1ta Statutes. Chapter 278. seeking a reduction in the \Iinimum \/arket Value ol'the De\elopment Property: (G) an application to the Commissioner of Re\cnue of the State requesting all ahatement of real property taxes purSU~111l t,l \linnesot::l Statutes. Ch~lpter 270: (H) :.Iny other pnKeedin:;s. \\hethl'r administrati\e. legal Clr equiuble. \\ith allY administrati\e bl.dy \\itJ1in the Cnunl> or the State or \\ith any court of the State ,lr thL' fL'lkral go\ernmcnr: or (I) a tr:lnsfer l)r the DL'\cl()pmcnt Prol'eny. or ~lI1Y pnn therel)f. tll an cntity c::xempt fwm the payment of re~ll pr,)peny tax~s under State la\\. The De\ell'per :-:luII11l)!. prior tu the T crmination DUle. Jl'pl: ,'or:l dC(<..'IT:li ,)r ~ll'~llL'mL'llt n'.pr()pe!'l: t;1X on the On elnl'mC11l Pr,lperl: purSU~lI1t ll) an: la\\. reguliltiul1. Clr (ll'<..lin_lIKC, 1).1( ,_:tl~.\\j~\.~ \ ,"- I "Ii."- 17 \" -J Section 6.3. Assessment Agreement. (a) Prior to or concurrentlv with execution of this Agreement. the De\'e1oper shall. with the Authority. execute an Assessment Agreement pursuant to J\.1innesota Statutes. Section 469.177. subd. 8. specifying an assessor's minimum market \'alue (th~ "Minimum ~Iurket Value") for each of the Parcels. and all improvements thereon. The combined amount of the Minimum Market Values for the Parcels and the Townhouses thereon shall be $ L 900.000 as of January 2. 2003 notwithstanding the progress of construction of the Minimum Improvements by such dare. (b) Each Assessment Agreement shall be substantiallv in the form attached hereto as - . Exhibit D. Nothing in the Assessment Agreement shall limit the discretion of the assessorto assign a market value to the Development Property in excess of the Minimum Market Value. The Assessment Agreement shall remain in force until the Termination Date. DIG.2lJ7X<)5\ .; t\IN/!)(j.'-I7 18 . . .