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HRA Agenda 01-07-2004 . AGENDA MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday, January 7, 2004 - 6:00 p.m. 505 Walnut Street - Bridge Room Comm issioners: Chair Steve Andrews, Vice Chair Bill Fair, Darrin Lahr, Dan Frie, and Brad Barger. Council Liaison: Roger Carlson. Staff: Rick Wolfsteller, Ollie Koropchak, and Angela Schumann. Guests: Barry Fluth, Masters Fifth Avenue and Brad Johnson, Lotus Realty Services Mark Ruft~ Ehlers & Associates J. 2. 3. 4. . 5. 6. 7. . Call to Order. Consideration to approve the December 3, 2003 liRA minutes. Consideration of adding or removing items from the agenda. Consent Agenda. Consideration to approve and authorize execution of the Contract for Private Redevelopment between Masters Fifth Avenue and the HRA for Landmark Square Phase II. Consideration to discuss Joint Meeting for Comp Plan Amendment for Block 52. Consideration to authorize second notice of administrative costs for non-certified TIF District No. 1-32. 8. Consideration to authorize payment of liRA bi lis. 9. Consideration of Executive Director's Report. 10. Committee Reports. A. Small Industrial Group 11. Other Business. 12. Adjournment. . . . MINUTES MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Wednesday, December 3, 2003 - 6:00 p.m. 505 Walnut Street - Bridge Room Commissioners Present: Vice Chair Bill Fair, Darrin Lahr, and Dan Frie. Commissioners Absent: Chair Steve Andrews and Brad Barger. Council Liaison Present: Roger Carlson. Staff Present: Ollie Koropchak. 1. Call to Order. Vice Chair Bill Fair called the HRA meeting to order at 6:05 p.m. 2. Consideration to approve the November 5, 2003 HRA minutes. DAN FRIE MADE A MOTION TO APPROVE THE NOVEMBER 5, 2003 HRA MINUTES. SECONDED BY DARRIN LAHR AND WITH NO CORRECTIONS OR ADDITIONS, THE MINUTES WERE APPROVED AS WRITTEN. " :J. Consideration of adding or removing items from the agenda. Executive Director Koropchak requested Item No.7 be removed from the agenda at the request of Developer Mike Cyr. Additionally, Koropchak requested Item No. 9C be placed under Item No. I I, Other Business. 4. Consent A~cnda. None. 5. Consideration to review and approve the Contract for Private Development bet\veen Masters Fi fth A venue and th~ HRA for Landmark Square Phase II and to authorize execution of th~ Contract. Brad Johnson, Lotus Realty Services, informed the HRA Office that he nor Barry Fluth would attend the HRA meeting of Decemb~r 3 as their immediate efforts are to concentrat~ on revising the Landmark Square II site plan. The Planning Commission approved the Conditional Use P~rl11it to allow ground level residential within the CCD subject to staff comments. OAT recommendation. and the eleven conditions in Exhibit Z. Therefore. the 1.IRA \vill review the Contract as prepared by Attorney Bubul but delay approvalulltil January. . . . BRA MINUTES - 12/03/03 Highlights of the Contract reviewed by the HRA: 1. Definition ofImprovements; 2. Administrative Cost Estimates; 3. Land Acquisition Costs; 4. Conditions required for disbursement of $157,500 "First Disbursement"; 5. Conditions required for disbursement of $125.000 "Second Disbursement" including deposit of irrevocable bank letter of credit; 6. No disbursements will be made after June 30, 2004; 7. First Disbursement treated as loan and repaid to HRA at 6.5% interest beginning August 1, 2006 and ending Febmary 1.2022: 8. If on the Payment Date there is an insufficient amount of available tax increment to make payment, Developer agrees to pay difference between payment schedule Exhibit B and available tax increment received by HRA; 9. Constmction Plans approved by Building Official and HRA; 10. Commence constmction of duplex by May 1, 2004 and substantial completion of the minimum improvements by October I, 2006; 1 I. Certificate of Completion; 12. Assessment Agreement - minimum market value of the minimum improvements as of January 2. 2005 through maturity date is $ 1,850.000; 13. Parties recognize that once a unit is completed and sold; the Assessment Agreement, review of taxes, and right to collect delinquent taxes shall not apply to that residential unit within the minimum improvements; 14. The Assessment Agreement shall include a termination provision: 15. Evidence of mortgage financing; and 16. Assessment Agreement. The commissioners saw no need for adjustments or changes. In order to meet the required June 30, 2004. disbursement date for the $125.000 (Second Disbursement) and for consistency between the motion of the HRA and the Contract. the commissioners \vere asked to amend the HRA motion of October 1. 2003 to include acquisition. DAN FRIE MADE A MOTION TO AMEND THE OCTOBER 1. 2003 MOTION TO READ: TO OFFER TIF ASSISTANCE IN AN AMOUNT NOT-TO- EXCEED $125.000 FOR COSTS ASSOCIATED WITH ACQUISITION. DEMO. ELECTRIC POLE RELOCATION, AND UTILITY AND PARKING LOT CONSTRUCTION ASSOCIATED WITH PHASE II OF LANDMARK SQUARE. DOLLARS TO BE EXPENDED FROM TIF DISTRICT NO. 1-22 FUND. SECONDED BY DARRIN LAI.IR AND WITH NO FURTHER DISCUSSION, THE MOTION CARRIED. 6. Continued - Consideration to hear updates on potential TIF District No. 1.12 projects: A. Redevelopmcnt of a portion of Block 52 and update on Planninl,! Commission meetin!! fiJr Comp Plan Amendment. Koropchak updatcd the commissioners on the action takcn by the Planning Commission on December 2.2003. The Comp Plan amendment for Block 52 was denicd at thc Planning Commission meeting on a 2-1 vote and moves t(mvard to the City Council on December 8, 2003. Given the Planning Commission outcome. Developer Steve Johnson would not attend the liRA meeting and informed Koropchak that all was not lost at the Planning meeting. Walgreen' s is ready to go and the other parcels such as Kjellberg is at the option of the HRA for redevelopment. Lahr felt the same as before, that in the future a Block 52 project consistent with the Comp Plan will be feasible. Much like Elk River. Koropchak reminded the commissioners of their 2 . . . BRA MINUTES -12/03/03 B. options for TIF District No. 1-22 or Block 52: 1. Authorize or not authorize the use of tax increment. 2. OtTer to buyout Johnson and later solicit an RFP (HRA obligated to relocation benefits), No additional projects, pay off the bond proceeds early. Perhaps establish a new district in the future. 4. Agree or not agree to sell the HRA lot. 5. Lobby to extend the tive-year activity rule for TIF District No. 1-22. No action taken. Redevelopment of a portion of Block 36 - Although Bruce Hamond requested to be on the HRA agenda, no one appeared before the HRA. Koropchak reported having talked with Cindy Hamond that afternoon, Bruce was in Atlanta and Cindy indicated Mike would be attending the meeting. No discussion or action required. Discussion and action whether to lobbv for extension of the 5.vear activity rule for District No. 1-22. DARRIN LAI-IR MADE A MOTION OF NO INTEREST TO INTRODUCE A BILL IN 2004 REQUESTING THE EXTENSION OF THE 5- YEAR ACTIVITY RULE:: FOR TIF DISTRICT NO. 1-22. SECONDED BY DAN FRIE AND WITH NO FURTHER DISCUSSION, THE MOTION CARRIED. Reasons: 1. The environment of the local legislators and downtown property o\vners has not changed. 2. It was doubtful a bill would be enacted prior to issuance of permanent bonds on May 5, 2004. " ". C. 7. Consideration to discuss concept for development of Ruff Auto parcel. Requested bv Mike Cvr. Removed. 8. Consideration to authorize pavment of HRA bills. DARRIN LAIIR MADE A MOTION TO AUTHORIZE PAYMENT OF TI-IE HRA MONTI-IL Y BILLS. SECONDED BY DAN FRIE AND WITH NO FURTHER DISCUSSION. THE MOTION CARRIED. 9. Consideration of Executive Director's Report. With Item No. 9C placed under Item No. 1 L the commissioners accepted the Executive Director's report as written. Additionally. Koropchak inquired as to the status of the request by the HRA to hold a \vorkshop with the City Council and Planning Commission. Council Liaison Carlson informed the commissioners he has addressed this with the Mayor. 10. Committee Reports. A. Industrial Development Group - Dan Frie reported a non-combining Letter of 3 . . . HRA MINUTES - 12/03/03 B. Intent with terms and conditions to purchase approximately 114+ acres of Otter Creek Crossing was prepared by Administrator Wolfsteller and submitted to John Chadwick the Wednesday prior Thanksgiving. Koropchak added that the IDC is developing bullet points and thereafter a couple members volunteered to lobby the Council members. Frie volunteered to lobby on behalf of the HRA. Marketing Subcommittee - Darrin Lahr reported the Marketing Committee agreed to partner with the Chamber on a billboard promoting the Trumpeter Swans. The billboard located along 1-94 by Albertville will be ready around the first week in December. This a three-month trial. 11. Other Business. The commissioners reviewed a letter to the City Administrator requesting seven decertified TIF Districts be closed-out. This a recommendation of the HRA financial consultants, Ehlers & Associates. Each district's administrative expenses were verified and adjusted if needed to meet the 10% actual increment expenditure requirement. The total amount of tax increment to be returned to the County is $246,002. Additionally, the letter request that upon the City receiving their share of the reimbursement from the County, this amount be deposited in the Industrial Development Reserve Fund. The commissioners were asked to authorize this administrative task. DARRIN LAHR MADE A MOTION TO AUTHORIZE CLOSE-OUT OF DECERTIFIED TIF DISTRICT NOS. 1-7. 1-8, 1-9. 1-11. 1-12. 1-)(i. AND 1-18 AND RECOMMENDED THE REIMBURSED DOLLARS FROM THE COUNTY BE DEPOSITED IN TI--IE INDUSTRIAL DEVELOPMENT FUND. DAN FRIE SECONDED THE MOTION AND WITH NO FURTHER DISCUSSION. THE MOTION CARRIED. Dan Frie agreed to serve another 5-year term as commissioner of the HRA. His name will be forwarded to the City Council for appointment in January. 12. Adjournment. DARRIN LAHR MADE A MOTION TO ADJOURN THE HRA tvIEl:TING. SECONDED BY DAN FRIE AND \VITI-l NO FURTHER BUSINESS. THE HRA MEETING ADJOURNED AT 7:20 P.M. HRA Vice Chair Executive Director 4 . . . HRA Agenda - 01107104 5. Consideration to aoprove and authorize execution of the Contract for Private Redevelooment between Masters Fifth Avenue and the HRA for Landmark Square II. A. Reference and baeke:round: At the December HRA meeting, the eommissioners reviewed the tcrms and conditions of the Contract and saw no nccd to adjust or amend the Contract given thc current proposcd project (See minutes of Dccembcr 3, 2003.) Because the dcveloper was concentrating on thc revisions to thc site plan, they did not attend the HRA mecting and requestcd thcir comments be deferrcd til the January l--IRA meeting. With the rcvisions made by the Planning Commission and staf1~ the "minimum improvements" as defincd within thc Contract nced to be changcd from II units, including one duplex and 9 singlc-family owner-occupicd homes to II units, including two duplexes and 7 single-family owner-occupied homcs. How does the HRA feel about that? Will this ehan~e the minimum estimated market value of the total units within the Assessment A~reement? Also confirm construction commitment date for the first duplex. The minimum improvements changed in order to meet the conditions outlincd by the Planning Commission such as setbacks, turn-around and site circulation and trade-off for morc grecn space. Gcnerally speaking a duplex consists of one owner-occupied\mit with one rental unit or two rcntal units. I belicve the square footagc of thc single-family owncr-occupied units were cnlargcd, thc lOnon-residential parking stalls was reduccd to 8 stalls, and thc developer yct to submit landscape and drainage plans for approval. The dcvelopcr will add comments at thc mecting. B. Alternative Action: I. A motion to approve and authorize cxecution of thc Contract for Private Rcdevelopment between Mastcrs Fifth A venue and the I IRA for Landmark Square Phase" subject to the following changcs ............................ 2. A motion to deny approval ofthc Contract fix Private Redevelopmcnt bctween Masters Fifth Avenue and the HRA for Landmark Square Phase 11. 3. ^ motion to table any action. . HRA Agenda - 01/07/04 c. Recommendation: Given the developer and county assessor agree to keep the estimated market value of the total units at $1,850,000 as of January 2, 2005, the City Administrator and Executive Director recommend alternative no. 1. D. Supporting Data: Revised site plan and excerpts from the Contract. . . 2 ACADDWG\10319LS2IStudy2\A01-5.0WG, Layout1, 11/07/200~ ._.53:5~ta26a -- . ~ f~ \h\ \j ~\~: 6' ~ ~.~- y ". ~<!> :.j.. ~~~ ~~ ~ \. SEE 2/ A3.1 FOR STREET ELEVATIONS t ~ ~ ~ocust Street Jo'~' ~'-o. L I r-------------- I I I I I >'".', I I I 1-------- I I ------,- ,j';'" '....'l.~.~t...,. ,:.. ,> - ,', i . ~:.~, . . :: ,. .~... : ". " I" '.. .',. "j . "i.> 'i' ~::I' ---( I~ - ~ \_~"'.~ ~\,'\Q,- J o SUo ARTICLE I . Definitions Section 1.1. Definitio~. In this Agreement. unless a different meaning clearly appears from the context: "Ace means Minnesota Statutes. Sections 469.001 to 469.047. as amended. ..Agreement" means this Agreement. as the same may be from time to time modified. amended. or supplemented. .. Authori ty'. means the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota. "City" means the City of Monticello. tvlinnesota. '"Certificate of Completion" means the certification provided to the Dt:veloper pursuant to Section 4.4 of this Agreement. "Construction Plans" means the plans. specifications. drawings and related documents on the construction work to be performed by the De,c1oper on the De,e1opment Property which (a) shall be as detailed as the plans. specifications. drawings and related documents which are submitted to the appropriate building officials of the Authority. and (b) shall include at least the following: (I) site plan: (2) foundation plan: (3) basement plans: (4) floor plan for each floor; (5) cross sections of each (length and width): (6) e1e\.ations (all sides): (7llandseape plao: and (8) soch other plans or supplements to the foregoing plans as the Authority may reasonably reqoest to allow it to ascertain the nature and quality of the proposed construction work. . "County" means the County of Wright. Minnesota. .'Developer'. means Masters Fifth Avenue. Inc.. a Minnesota corporation. or its permitted successors and assigns. "Development Property'. means the property legally described at Exhibit A. After the construction of the Minimum ImprO\.ements. the term shall mean the De,elopment Property as improved. ..Event of Default" means an action by the Developer listed '" Article IX of this Agreement. "First Disbursement" has the meaning provided in Section 3.4(a). "Holder" means the owner of a Mortgage. . 3 EMT _:!~0630\ I MN1QO-lll "Material"' means any effect or change which significantly alters the intended use of the Development Property. or increases Or decreases the costs of any individual item of the Minimum Improvements by more than $100.000. "Maturity Dale" means the dale on which the Principal Amount and accrued interest on Ihe First Disbursement has been paid in full or defeased in accordance with the tenns of Section 3.4(d) hereo( k "Minimum Improvements" means the construction on the Development Property of I I housing units. including one duplex and nine owner-occupicd single-family homcs. "Land Acquisi-lion Costs" has the meaning provided in Section 3.4. . "Mortgagc" means an)' mortgage madc by the Developer which is secured. in whole or in part, w.ith the Devclopment Property and which is a pemlitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Project" means Redevelopment Project No. I. "Project Area" means the real property located within the boundaries of the Project. "Redevelopment Plan" means the Authority's Redevelopmcnt Plan for Redevelopment Project No.1. as it may be modified. "Second Disbursement"' has the meaning provided in Section 3.4(b). . "State" means the State of Minnesota. 'Tax Increment" means that POrtion of the real property taxes which is paid with respect to the Development Property and which is remilled to the Authority as tax increment pursuant to the Tax Increment Act. "Tax Increment Act.. or 'TIF Ace' means the Tax Increment Financing Act. Minnesot;l Statutes. Sections 469.174 to 469. J 799. as amended. 1-22. 'T ax Increment District" or 'TI F District" means Tax Increment Financing District No. '"Tax Increment Plan" or 'TIF Plan" means the tax increment financing plan for Tax Increment Finoncing District No. 1-22. as apprO\.ed March 10. 1997. and as it has been and may be fUrther amended. "Tax Official" means any COUnty assessor; County audilor: County or State board of equalization. the commissioner of revenue of the Slate, or any State or federal dislrict court. the tax COUrt of the State. or the State Supreme COUrt. . EMT-240630\ I MN190-1 J' 4 . . "TIF Bonds" means the City's $2.150.000 Taxable General Obligation Temporary Tax Increment Bonds. Series 2001. and any bonds issued to refund those bonds. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of strikes, other labor troubles. prolonged adverse weather or acts of God. fire or other casualty to the Minimum Improvements. litigation commenced by third parties which, by injunction or other similar judicial action. directly results in delays, or acts of any federal, state, or local govemmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Developer's obtaining of permits or govemmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement. . EMT.H0630vt MNI<)O-III 5 ARTICLE III Ac uisition of Pro ert,", Financial Assistance . Section 3. I. ~ tatus of the Development Propertv. As of the date of this A greemcnt. thc Developer has either purchased or entered into a purchase agreement with a third party for all of the parcels comprising the Development Property. The Authority shall have no obligation to purchase the Development Property or any portion thereof The De"e1oper shall. at its cost, obtain appro,'al by the City of any plat and planned unit development required by the City in connection with de"elopment of the Development Property in accordance with this Agreement. Section 3.2. Soil Conditions. (a) The Developer acknowledges that the Authority makes no reprcsentations Or warranties as to the condition of the soils on the De"elopment Property or its fitness for Construction of the Minimum Impro"ements or any other purpose for which the Developer may make use of such property. The De,'eloper further agrees that it will protect. indemnily. defend. and hold harmless the Authority. the City. and their governing body members. officers. agents. and employees. from any claims or actions arising out of: (i) the presence. if any. of hazardous wastes or pollutants on the Development Property. including but not limited to toxic or hazardous substances or Wastes. pollutants. or Contaminants (inclUding. without limitation. asbestos. urea fomlaldehyde. the group of organic compounds known as polychlorinated biphenyls. petroleum products including gasoline. fucl oil. crude oil and ,'arinus constituents of such products. and any hazardous substances as defined in the Comprehensive Environmental Response. Compensation and Liability Act of 1980 C'CERCI.A ") 42 U .S.c. ~~ 9601-9657. as amended): (i i) the status of the Development Property as a treatment. storage. or disposal facility within the meaning of or other Slatus of the Developmcnt Property within the ambit ofthc Resource Consen.ation and Recovery Act of 1976 C'RCRA"). 42 U.S.c. ~ 6901 et ~.. or any similar lederal or state law or regulation. or local ordinance: (iii) a release or threatened release of toxic or hazardous Wastes or substances. pollutants or Contaminants. from the Development Property within the meaning of. or other status of the Development Property within the ambit of CERCLA. or any similar federal or state law or local ordinance. (iv) the discharge of pollutants or emuents into any Water source or system or the dredging or filling of any waters or the diSCharge into the air of any emissions. that. as the case may be, would require a penn it under the Federal Water Poll ution C onlro I Act. 33 US C. ~ 125 I et ~.. or the Clean Air Act. 42 U.S.c. ~ 7401 et~.. or any similar federal or state law or local ordinance: (v) any otber claim or cause of action under RCRA. CERCLA. or any other federal. state. or local em'ironmental statute. regulation. ordinance. or other em'ironmental regulatory requirement. including but not limited to the Minnesota Em'ironmental Response and Liability Act. Minnesot~ Statutes. Chapter 115B C'MERLA") and the Minnesota Petrolcum and Release Cleanup Act. Minnesora fuatute~. Chapter //SC. . (b) The Developer's obligations under this Section 3.2 shall sun'ive tennination of this Agreement for any reason. including but not limited to by reason of any tililure by either party to satisfy the conditions precedent set forth in Section 3.8. . HIT.2-l01i30\ , MN 190./11 8 . . Section 3.3. Payment of Administrati\"e Costs. The Deyeloper agrees that it will pay upon demand by the A uthori ry. Admi ni strati ve CostS (as hereafter deli ned). For the purposes of this Agreement. the ternl ""Administrative Costs"" means out-of-pocket costs incurred hy the Authority and attributable to or incurred in connection with the negotiation and preparation of this Agreement and other documents and agreements in connection with the development contemplated hereunder. Out-of-pocket Administrative Costs shall be evidenced by invoices. statemen ts. or other reasonable written e,idence of the costs incurred by the A utbority. As 0 f the date of th is Agreement. the De' eloper has deposited $ 5 .000 with the Authority ($2.000 being the amount remaining from a prior deposit in connection with a pre,ious redevelopment and $3.000 deposited under the Prcliminarv Agreement) to be applied toward Administrati\'e Costs, If the Authori t y' s actual Admin istrati \'e Costs exceed the amount on deposit. R edc\'e1 oper remains obligated to pay such additional aml'lmts upon demand by the Authority. If the Authority's actual Administrati\'C Costs are less than the amount on deposit. the Authority shall. upon demand bv the De, eloper. returned such excesS to the Developer. but no earlier than the date on which the Developer recei \'es a C erti fr cat e 0 f C omp letion for all the M in imum Improvements ..J. pursuant to Section 4,4 of this Agreement. As of the date of this Agreement. Administrati\'e -e- Costs are estimated to total approximately S '--:--- ;,000 but the Authority makes no "arranty that actual Administrati\'C Costs will not be more or less than this amount. This Section 3.3 shall survive any termination of this Agreement for any reason. Section 3.-\.. Land Acquisition Costs. In ordt:r to make dewlopment of the Minimum ~ h;,pro,cmentseconomically feasible. the Authority "ill reimburse the De,'e1oper for up to S,_l'J_''''''CSC.O''O ot the De\eloper s cost 01 acqUlSlllOn for any portion 0\ the Development Property acquired by Rede\'eloper alicr the date of this Agreemcnt (the ""Land Acqnisition Costs"" ), The parties ackno"led ge that the All thori t y "ill tinance s lie h rei m bursement '" th proceeds of the TIF Bonds. all in accordance \vith the follo\\'ing terms: 'f< I a) The Authority wi Il disburse $ I '4.,,"0 I 57500 (the "" First Di sbursemen t") upon the Developer"s satisfaction of the following conditions: ei) receipt and appro\'al by the Authority's executive director of a copy of purchase agreements for the parcels of the Development Property to be reimhursed and a copy of the certificate of value from closing on that acquisition. showing land Acquisition Cost in at least the amount to be disbursed: (ii) the Authority having approved Developer's financing for the Minimum Improvements in accordance with Article VII: (iii) the Authority ha\"ing approved construction plans for the Minimum Impro,ements in accordance with Article IV. aod the City having approved any plat and planned unit development necessary to construct the Minimum Impro,'ements:- (i\") the Developer haying demolished all existing structures on the Development Property. cleared the site. and commenced construction of at least the duplex portion of the Minimum Impro"ements (for the purposes of this Section. "commencement"" means . 9 E\1T -2.tllhYh 1 \'~lQII-111 installation of footings. foundations or other "isible improvements beyond excavation . and grading): [Iv) Thc Developer must hoy'e obtained approval from the AUlhority and thc City of a parking and traffic plan satisfactory in the sole respectiy'e judgment of the Authority and the City. such plan to provide for at least adequate unrestricted parking spaces on the block on \\hich the Deyelopmem Property is located and fully executed easemems and other agreemems allowing for the construction. opcration. and maimenance of the parking spaces and egresses and ingresses to the block on which the Developmem Property is located: ] and ,,1/ (b) The A uthori ty \\i II disburse $115.000 (the "Second Disbursemen f") upon the ./J' Developer's satisfaction of the following conditions: (vi) there is no uncured Event of Default. (i) the conditions set forth in (a) were and continue to be met: (ii) receipt and approval by the Authority's executive director of a copy of purchase agreemems lor the parcels of the Developmem Property to be reimbursed and a copy of the certiticate of value from closing On that acquisition. showing land Acquisition Costs in at leas! the amount to be disbursed. and ill exees., of the amoum disbursed under paragraph (a). and (iii) the relocation of the utility pole on the Developmem Property has occurred to the satisfaction 'ofthe City: anJ . (iv) the duplex portion of 'he Minimum Improvemems has been substantially completed, as determined in accordance with Article IV.; and (\) the R e.cleye '2per has deposit~c1wi I h t hc Authority uni rrcvoca b Ie. ba nk I eller of credit in the amoum of SI15,QO(J.in a fOlllhcceptable 10 Jhe Authority, .or alternmi'e securi Iy accep'able . to. the A uthori 'y,. \\:hich ./cue,. or cred it_ secures Bedcvclo per' s on Ii gat ion to e om p I cte constructi 011.0 f aiL the M i nill1 umI 01 PJovem ems as req u ired un,jer Article IV hereof (c) Notwithstanding anything to the contra!}' herein. no disbursements will be made under this Section atier June 30. 1004. and if the condit inns lor making either the First Disbursemem or the Second Disbursemem are not met by that date. the Authority has n~tno fUrther obligation to reimburse Developer for any undisbursed amoums under this Section. (d) The total principal amoum of the First Disbursement (the ,. Pri nc i pal Amoum'"J shall be treated as a loan. repayable to the Authority in accordance with the following tenns and conditions: EMT.2-l0630\ I MN/QO./II . 10 l' (i) The Principal Amount shaH be repaid. together with interest thereon on at ::,..'a rate of inh:n:st that is the greater of rate of 6.5% per annum or the rate retkcting the tfue interest cost of ll1ng.term honds i_ssued to reJund thetcmporary lP: Bl)nds, accnlell from the date of the First Disbursement ("First Disbursement Date"). in semi-annual instal\ments payablt:: on (:ach August 1 and February 1. commencing l'd-,p.ldF~ :\ugust 1. :;:(i~j'72006 and continuin!:!. throu\!h"\w:!ll~IFehrui.\f\' l. 202-12022 (each a "Payment ~ ~ -" -' . Date..).-..... hi.:\t. The payments shall be in the amounts set forth in Exhibit B hereto. p"" ided that up'''' i "uance 0 I' the I nng -tcnll TI F Bonds, C:X h i bi t Il "ill he reyi scd '" n.:l1ect thL' adjustment in interest rate if.the truc_ interest cost l.'n the Tl1--" Bonds is grea\l.:r than 6.5r~.o. (ii I Payments shall be applied first to accrued interest and thcn to unpaid principal. Interest accming from the First Disbursement Date to the first payment datc "ill be compounded semiannually on each February 1 and August 1 and added to thc Principal Amount. (iii) The panics agree and understand that the amount of Ayailahle Tax lncrement receiwd by the Authority as of any Payment Date shall be credited as a payment by and on behalf of the DC\e1opcr under this Section, The tenn "Ayailuble T" Increment"" means 90% of the Tax Increment with respect to the Development property as calculated by the County and paid to the Authority during the six months preceding any Payment Datc. (i y) I I' on any Pay ment Date the amount 0 I' A yai lab Ie TaxI ncrcmeot is insuflicient to pay the amount due on that Payment Date. the Deycloper shall pay to the Authurity. within 10 days of written demand by the Authority. an amount equal to the difference between tht: amount payable under Exhibit B and the Available Tax lnnement actually received by the Authority as of that Payment Date, The Devcluper hereby acknowledges that the amount of .t\V'ailable Tax Increment is subjeet to change in State law and calculation by the Statc and County and that any such yariation shall not impair thl.' Authority's ril:.!-hts or the Developer's obligations hereunder. The Developer agrees and understands thut A yai lab Ie T" Increment is subject to calculati on by the County and change in State law, The Developer further agrees and understands that estimates of Available Tax Increment pro\ided hy the Authority and its agents. oflicers. or employees are estimates only and not intended for the Developer's reliance. I") The A Ulhori ty may. at its opt ion. treat any A ya i I ab Ie T as Increment recei yed in excesS of the amount due on any Payment Date as a prepayment of the Principal Amount and interest thereon. proYided that such prepayment shall not alter the timing or amounts othe", ise due as set forth in Exhibit B, The Authority will notify the Deyeloper in writing promptly after electing any such prepayment. ( "i) The A uthori t Y makes no warranties or representations that A "ai lab Ie Tax Increment will he sufficient to pay the Principal Amount. . . f . 1 1 E!\.IT -2~()63(h I MN190-111 Section 3.5. Use of Tax Increment. Except as sel forth herein, the Authority shall have . 00 obligation to the Developer with regard to its use of Tax Increment and may use Tax Increment and for any lawful purposes. whether set fonh herein or othern'ise. . . EMT -240630\' I MN /90-//1 12 ARTICLE IV . Construction of ;\1.inimum Impronmcnts Section ~.l. Construction of Impro\'ements. The De\'elop~r agrees that it \\-ill construct the Minimum hnpro,'ements on the Development property in accordance with the approved Construction Plans and will operate and maintain. prese.....e and keep the Minimum hnprovements or cause them to be maintained. prese...,ed and kept with the appurtenances and e,'e,,' part and parcel thereof. in good repair and condition. The Authority shall not ha\e any ohligation to operate or maintain th~ !\linimllm Imprl)\~ments. Section ~.2. ConstrUl:tion Plans. tal Before the First Disbursem~nt of Land :\cqllisition Costs undcr Section 3,-1 hereof. the Developer shall submit to the Authority Constntction Plans, The Construction Plans shall pro' ide for the constntction of the Minimum Improvements and shall be in conformity with the Redevelopment Plan. this Agreement. and all applicable State and loea I laws and reg ulati ons. The Authority wi II appro \'C the Construction Plans in \\ riti ng if: Ii J the C onslructi on Plans con form to the term's and conditions of this Agreement: Iii) the Construction Plans conform to the goals and objectives of the Redevelopment Plan: liii) the Construction Plans conform to all applicable fcderal. Slate and local laws. ordinances. rules and reg ulations: (i,) the C onstrUC t ion Plans are adequate to prlw ide for construct ion u f the "1 in i m um Impnwemen": ('I the Construction Plans do not pnnide for expenditures in evcess 1\1 the funds ",ailable to the Dewloper from all sources for construction of the Minimum Impro,'cmen": and (\'i) no hent of Default has occurred, Appro\~ based upon a re\iew by the Cit"s Building Onieial of the Coustruction Plaus, . No aer.ro,al by the Authorit\ shall relie\C the De\eloper 01 the obligation to comply with the terms of this Agreement or of the Rede\elopmeo' Plan. applicable federal. state and local laws. ordiOilllces, ru\cs and regulations. or to construct the Minimum Improvements in accordance therewith. No approval by the Authorit' shall constitute a waiver of an hen' of Default. If appro,'al of the ConSiniCtlon Plans is requested by the Deyeloper in writing at the time of submission. such Construction Plans shall be deemed appruyed unkss rejected in writing by the Authority. in whole or in part. Such rejecti,ms shall set forth in detail the reasons therefore. and shall be made within 10 days atier the date of their receipt by the Authority, If the Authority rejects any Construction Plans in whole or in part. the Developer shall submit new or corrected Construction Plans within 10 days atier written noti f1cat i 011 to the Deye loper of the rej ection, The pro visions 0 f th is See ti on rei at i 11 g to approva\. rcjectinn and resubmission of corrected Constrnction Plans shall continue to apply until the Construction Plans have been approved by the Anthority. The Authority's approval shall not be unreasonably withheld. Said approval shall ennstitute a conelusive determinatinn that the Construction Plans (and the Minimum Improvements constructed in accordance with said plansl COIll 1'1 Y to the A uthori ty' s satisfaction with the pro,'i sions 0 f this A greolllcnt relating thereto, (bl If the Developer desires to make any Material change in the Construction Plans atier their app"",al by the Authority. the Developer shall submit the proposed change to the Authority for its approya\. If the Constntction Plans. as modi lied by the proposed change. conform to the requirements of this Section -1.2 of this Agreement with respect to such previously approved Construction Plans. the Authority shall approye the proposed change and .f . E\tT-::!-lOh30\ I t\I" \'lO-lll 13 noti(l. the Developer in \\Titing of its approval. Such change in the Construction Plans shall. in . any e'.enl. be deemed approved by the Authority unless rejected. in \\hole or in part. by \\Tillen notice by the Authority to the Developer. selling forth in detail the reasnns therefor. Such reject ion shall be made with i n ten (I 0) days atier receipt n f thc notice 0 f such change. The Authori ty. s appro I .al of any such change in the Construction Plans \\i II not be unreasonably withheld. Section -1.3. ~ommcnccment and Complction of Cons!ruction. Subject to LTnaloidable Delays. the Developer shall commence construction of the duplex Portion of thc Minimum * Impro\"emems by May L 200-1. and shall sUbstantiall,. complete the cons!ruction of all the Minimum ImprU\.cments by October L 2006. All work with respect to the Minimum \ Jmpr",ements to bc eons!ructed or prOl.idcd by the Del.eloper 00 the Delelopment Property C shall be in conformity with the Cons!ruction Plans as submilled by the DC\.e1nper and apprOled by the Authority. The Developer agrees for itself. its successors and assigns. and e,'CrY successor io interest to the Development Property. or any part thereof. that the Developer. and such successors and assigns. shall promptly begin and diligently proseClHe to completion the developmelll of the Development Property through the constntction of the Minimum Improvements thereon. and that such cons!ruction shall in any event be commenced and completed within the period specified in this Section 4.3 nf this Agreemenl. The obligation tn construct the Minimum Improvements in accordance with this Section touches and concerns the land. and shall run with the property and be binding Upon all Successors and ass i gns to the Dcvelopment Property. A tier the date of th is. A greement and ullli I construction 0 f the M in i mUm 1m pro\'Cments has becn compl cted. the Developer shall make reports. in such detail and at such times as may reasonably be requested by the Authority. as to the actual progress of the Developer with respect to such construction. '" C ' J1", Secti on 4.-1. C erti Ii Cate of C omplet ion. (a) Prom ptl y atier COm 1'1 etion of the Mini m um J mprovements (or any indi I.idual unit thereof. at Develope,s req uest) in accordance with those provisions of the Agreement relating solely to the obligations of the Developer to construct the Minimum Improvements (inclUding the dates for beginning and completion thcreof). the Authority will furnish the Developer with a Certificate shown as Exhibit C. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Deyeloper to any Holder of a Mortgage. or any insurer of a Mortgage. securing money loaned to finance the Minimum Improvements. or any pan thereof fb) I f the A uthori 'y shall re tilSe or fail to pro,. ide any CCrt i fic a t ion in accurdanee with the provisions of this Section -1.-1 of th is A greemen I. the A uthuri t y sha I I. wi th in th i rty (30 ) day s atier wrillcn request by the Developer. pro,ide the Developer with a wrillen statement. indicating in adequate detail in what respects the Developer has failed to complete the Minimum Impro,.ements in accordance with the pro,.isions of the Agreemenl. or is othef\\ise in delillllt. and what measures or acts it will be necessary. in the opinion of the Authority. for the DC\.e1oper to take or perform in order to Obtain such certification. (c) The cons!ruction of any unit of the Minimum Improvements will deemed to be . substantially complete upon issuance of a certificate of occupancy by the City for that unit. and EI\,.r.~.j063(h I MN190-111 14 . . the entire Minimum Improvements will be deemed to be substantially complete upon issuance of a certificate of occupancy for all units. and determination by the, Authority that all site improvement and landscaping have been completed to the reasonable satisfaction of the Authority. Section 4.5. Records. The Authority and the City through any authorized representatives. shall have the right at all reasonable times after reasonable notice to inspect. examine and copy all books and records of Redeveloper relating to the tvlinimum Improvements. Redeveloper shall also use best efforts to cause the contractor or contractors. all sub-contractors and their agents. and lenders to make Iheir books and records relating to the project to Ihe AUlhority and CiIY. upon reasonable notice. for inspection. examination and audit. Such records shall be kept and maintained by Redeveloper through the t\'1aturity Date. . F\ IT -~~0630\ I !\INI'lO.111 15 ARTICLE VI Tax Increment; Taxes . Section 6,1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is providing suhstantial aid and assistance in funherancc of the de\'elopment. The De\'eloper understands tha, the tax increment intended to pay expenses of the Authority and the Developer are derived from real estate taxes on the Development Propeny. which taxes mUst be promptly and timely paid. To that end. the Developer agrees for itself. its successors and assigns. in addition to the obligation pursuant to statute to pay real estate taxes. that it is also obligated by reason of this Agreentent to pay before delinquency all real estate taxes assessed against the De\e1opment Propeny and 'he Minimum Impro\ements. The De\'e1oper acknowledges that this obligation creates a COntractual right on behalf of 'he Authority '0 sue the Developer or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to pay over the same as a tax payment to the County auditor. In any such suit. the Authority shall also be entitled to reCOver ilS costs. expenses. and allomey fees. Section 6.1. &.v'iew of Tax",. The Developer agrees that prior to the Maturity Date it wi II no' cause a red ue, ion in the real propeny taxes paid in respect of the De\'eI opment Propeny throu gh: (A) wi II 1l,I destruction 0 f the Development Propeny or any pan thereof: or (B) wi II f ul reJusalto reconstruct damaged or destroyed propeny pursuant to Section 5,1 of this Agreement. except as provided in Section 5.1 (e). The Developer also agrees that it will not. prior '0 the . Maturity Date. seek exemption I,om propeny tax for the De\"C/opment Propeny or any portion thereof or transfer or permit the transler of the Development Property to any entity that is exempt li'om real property 'axes and state law (other than any portion thereof dedicated or conveyed to the Ci'y in accordance with platting of the Development Propert\). or apply for a deferral of property tax on the DC\'l:/opment Property pursuant to any law. Section 6.3. Assessment Agreement. (a) Upon of this Agreement. the Developer shall. ~ with the Authority. eXeeute an Assessment Agreement pursuant '0 Minnesota Stall"e.!'. Section 469.177. subd. 8. speci(ving an assessor's minimum market value (the "Minimum Market Value") for the Development Property and 'he Minimum Improvements eonstrueted thereon. The amount of the Mini m Unt Market Val ue shall be $ __ .___ ,. _' 1.850. DUD as 0 f J an ual}' 1. 2005 and each January .1 thereafter through the Maturity Date. (b) The Assessment Agreemem shall be substamially in the form aUached hereto as Exhibit C. Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a market value to the propeny in eXcess of the Minimum Market Value. The Assessment Agreemem shall remain in loree for the period specified in ,he Assessment Agreement. The Deve/oper shall cause the Assessmem Agreement to be consemed to by any Holder of a Mortgage. f Section 6.4. Qualifications. Notwithstanding anything herein to the eontral}. the panies aekno\\' ledge and agree that ,he Provisions nf Sections 6.1. 6.c and 6.3 hereof shall not apply to a . residential unit within the Minimum lmpro\'ements from and after tbe date that such unit is U.IT':!~063(J\ I !\I)I.;/9V.111 18 . . subst:mtially completed :md sold to :m owner-occupant. The Assessment Agreement shall include a termination provision substantially reflecting the terms of this paragraph. . EMT .240630, I MNI9U-111 19 ARTICLE VII Financing . Secti on 7. I. ~ 10 rt eaee F i nunc i n e. (a) Before the Fi "t Disbursement of Land Acqu i si tion ---- Costs under Section 3A hereof. the Developer shall submit to the Authorit) e\'idence of one or more commitments lor mortgage financing \\bich. together with commilled equity for such construction. is sufficient lor the acquisition of the Development Property and constructing the Minimum Impro\ements. Such commitmems may be submilled as short tem1 linancing. long iftenn morteaee financine. a bridee loan with a lone term take-out financine commitment. or anv combinati~n -Of the foregoing. Such commitmem- or commitments for sh~rt term or long ten;! mortgage linancing shall be subject onl) to such conditions as are normal and customary in the ' mortl.!<1l.!e bankinl.! illdustrv. .... .... ..... . (b) If the Authorit) finds that the mortgage linancing is sufficientl) com milled and adequate in amount to provide for acquiring Ihe Development Property and constructing thc Minim um I mprovements then Ihe A uthori t) shall nOli Ii- the Developer in wri ting 0 fits approval. Such approval shall not be unreasonably withheld and either approval or rejeclion shall be given within thirty (30) days from the date when Ihe Authority is provided the evidence of mortgage financing. A failurc b) the Authorit) to respond to such evidence of mortgage financing shall be deemed to eonsti tU!e an appro\ 'al hereunder. J f Ihe A ulhori t) rcjects the '" 'idence of mortgage linancing as inadequate. it shall do so in writing specil)-'ing the basis for the rejeclion. In any . ""ent the Developer shall submit adequale evidence of mortgage financing within thirty (30) days alter slIch rejection. Section 7.2. Authoritv's Option to Cure Dec,ult on Morteaee. In the event that there occurs a def.ult under any Mortgage authorized pursuant 10 this Agreement. the Developer shall cause the A uthori t) 10 receive copies of any 001 ice of de/ault rccei \ed by the De\'e loper from the holder of such Mortgage. Thereafter. the Authorit)' shall have the right. but nOlthe obligation. to Cure any such default on behulf of the Developer within such cure periods as are available to the Developer under the Mongage documents. . u,n.:'406JO\ I M'\/(,I(J.III 20 ASSESSMENT AGREEMENT ~ . Tl-lIS AGREE\1ENT. made on or as of the davof .2003. and - . between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO. a public body corporate and politic (the "Authority") and MASTER'S FIFTH A VENUE. INC.. a t\1innesota corporation (the "Developcr"). WITNESSETH. that WHEREAS. the Authority and the Devdoper entered into a Contract for Private Dcvelopment dated . 2003 (the "Contract"). pursuant to \\hich the Authority is to facilitate de\clopmcnt of certain property in the City of l\lonticcllo hereinaftcr referred to as thc "Property" and leg:.dly described in Exhibit A hereto: and WHEREAS. pursuant to the Contract the Developer will construct certain impro\'ements upon the Development Property (the "Minimum Improvements"); and \VHEREAS. the Authority and the Developer desire to establish a minimum market value for the Property and the improvements constructed thereon. pursuant to tvlinnesota Statutes. Section 469.177. Subdivision 8: and WI1EREAS. the Authority and the As~cssor for Wright County (the" Assessor") have rev'iewed the plans and specifications for the improV'ements and ha,'e inspected such Improvemcnts: NO\\'. THEREfORE. the parties to this Agrecment. in cc,nsideration of the promises. covenants and agreements made by each to the other. do hereby agree as follo"\"s: \ . The minimum market value which shall be assessed for ad valorem tax purposes I\)r the Property described in Exhibit A. together with the tvlinimum Improvements constructed thereon. shall be $ \, 'b:7'O \ () t D as of January 2. 2005 notwithstanding the progress of construction by such date. and as of each January 2 thereafter until tennination of this Agreement: provided. however. that upon initial sale of any residential unit to an oWl1er- occup.nt. the minimum market V'alue herein established shall be of no further force or effect as to the unit so transferred. and the minimum market \'a\ue for the remaining Property shall be deemed to have been reduced by the estimated market \'a\ue (as determined by the Assessor) of the unit transferred. Upon sLlch sak. the Authority will deli\er to the Redeveloper or unit purchaser an instrument in recordabk form that releases the unit from any encumbrance created by this Agreement. .., The minimum market va\ue herein established shall be of no further force and effect and this Agreement shall terminate on the t\hturity Date as defined in Contract. 3. This Agreement shall be promptly recorded by the Authority. The Redeveloper shaU pay aU costs of recording. . . DIT.NOh30\ I M'- 190-111 4. Neither the preambles nor provisions of this Agreement are intended to. nor shall . they be conSlrued as, modifYing the tenus of the Redevelopment Contract between the Authority and the Rede\"eloper. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 6. Each of the parties has authority to enter into this Agreement and to take all aClions required of it. and has laken all actions necessary 10 authorize lhe execulion and delive!}' of this Agreement. 7, In the eVent any pronslOn of this Agreement shall be held invalid and unenforceable by any court of compelent jurisdiction, such holding shall not invalidate or render unenforceable any other pro\'ision hereof. 8, The parties hereto agree lhat lhey will, from time to time, execule, acknowkdge and deliver, or cause to be execuled, acknowledged and delivered, such supplcments, amendmenls and modificalions hereto, aild such further inSlruments as may reasonably be required for cOrrccling any inadequate, or incorrect. or amended description of the Property or the Minimum Improvements or for carrying oul lhe expressed inlention of this Agreement. including, without limitation, any further instruments required to delete from the description of the Property such part or parts as may be included within a separate assessment agreement, 9, Except as provided in Section 8 of lhis Agreement, this Agreement may not be . amended nor any of its tenus modified except 'by a writing aUlhorizcd and executed by all parties hereto. 10. This Agreement may be Simultaneously executed in several counterparts. each of which shall be an original and all of which shall conSlitute bUl one and the same instrument. II. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO. MINNESOTA By: . EMT.2-t0630\ I MN/90.111 . . . Its Chair By: Its Executive Director 5T ATE OF MINNE50T A ) ) 55. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of ~003. by and Olive Koropchak. the Chair and Executive Director of tbe Housing and Redevelopment Authority in and for the City of Monticello. Minnesota, on behalf of the Authority. Notary Public EMT _2-t063Ov I MN190-111 MASTER'S FIFTH A VENUE, INC. By: Its: STATE OF MINNESOTA ) ) SS. COUNTY OF WRIGHT ) The foregoing instrument Was acknowledged before me this _ day of ' 2003. by . the of Master's Fifth A venue, I nc. a Minnesota corporation. on behalf of the corporation. Notary Public EMT -240630\, I MN 19()./ II . . . . . . CONSENT AND SUBORDINATION The undersigned. as holder of that certain Mortgage. Security Agreement and Fixture Financing Statement given by the Developer dated and tiled in the office of the Wright County Recorder as Document No. (the "Mortgage") hereby consents to the forgoing Assessment Agreement between the Authority and the Developer. and agrees that the Mortgage is in all respects subject and subordinate to the terms of the Assessment Agreement. By: Its: By: Its: ST ATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was . 2003 by acknowledged before and this day of , the . on me of and behalf of the bank. Notary Public EMT -2.t0630\ I MS1'lO-111 CERTIFICA TION BY COUNTY ASSESSOR The undersigned. having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed. hereby certifies as follows: The undersigned Assessor. being legally responsible for the assessment of the above described property. hereby certifies that the values assigned to the land and improvements are reasonable. STATE OF MINNESOTA ) ) ss COUNTY OF WRIGHT ) County Assessor for the County of Wright The foregoing instrument was acknowledged before me this _ day of 2003 by . the County Assessor of the County of Wright. EMT-:!-106JO\1 MNI"IO_111 . - Notary Public . . . . . . CONSENT AND SUBORDINATION The undersigned, as holder of that certain Mortgage, Security Agreement and Fixture Financing Statement given by the Developer dated and filed in the office of the Wright County Recorder as Document No. (the "Mortgage") hereby consents to the forgoing Assessment Agreement betwcen thc Authority and the Developer. and agrees that the Mortgage is in aU respects subject and subordinate to the termS of the Assessment Agreement. By: Its: By: Its: 5T ATE OF MINNESOTA ) ) 5S. COUNTY OF ) this day of , the . on The foregoing instrument was , 2003 by acknowledged before and me of and behalf of the bank. Notary Public EMT -2-10630\ I M~lQO.lI1 CERTIFICA TION BY COUNTY ASSESSOR . The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the values assigned to the land and improvements are reasonable. County Assessor for the County of Wright STATE OF MINNESOTA ) ) ss COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this _ day of 2003 by . the County Assessor 0 f the County of W ri ghl. lIl... Notary Public . . HIT ..H06Jo\, MN''!O.l'l . . . HRA Agenda - 01/07/04 6. Consideration to discuss .Joint Meetin Plan Amendment for Block 52. A. Reference and background: The BRA commissioners may want to briet1y discuss the joint meeting held between the BRA, Council, Planning, and DA T. A summary of the meeting: A well run meeting with good input from the commissioners, public, and developer. The Council deferred any action on the Comp Plan Amendment til the January 12, 2004, Council meeting. It appeared the majority of the commissioners were in-favor of Comp Plan amendment to reduce the zero lot~line setback on Pine Street. [t appeared Council members may also be in-favor of amending the zero lot-line on Broadway. Regardless of the decision to amend the Comp Plan and if the City wants to see a successful redevelopment on Block 52, access to the block is critical. No business will succeed without good access. What is the City's long-term access plan? Secondly, is the proposed Comp Plan amendment for just Block 52 or the CCD (Central Community District)? For the lIRA to be in a pro-active position rather than a re-active position, the BRA Chair and some commissioners requested an appraisal be ordered for the Steve Johnson parcels. On Tuesday, December 23, four commercial appraisal references were obtained and bids received from two. A bid from Julie Schwartz, Lake State Realty Service, for $2,000 to $2,300 per parcel for the two parcels was acceptable. This bid was for a summary report rather than a self-contained report which is necessary for condemnation. The appraisals would be completed by the February BRA meeting if not before. lIowever, upon contacting the owner of the parcels for acceptance and right to enter property, the owner felt the HRA was premature. I don't believe the developer understands that time is running out and what options remain. I was unable to connect with Fred Katter. No appraisal ordered. The lIRA attorney has told me more than once that he didn't foresee the Block 52 project meeting the TIF expenditure deadline of June 30, 2004, and the permanent bond issuance date of May 5,2004. As you recall, the scheduled outlined by Ehlers & Associates indicated the developer's need to present a finance plan to the HRA in December and to submit a site plan and evidences of site control by January. An offer for the HRA lot has not been received. The lIRA needs to call a public hearing date for disposition ofraw lands and typically, the lIRA obtains an appraisal prior to buying or selling properly. The HRA purchased the Broadway lot from Flulh 00 July 3,1996, for $50,000. 'rhc March 27,1996, appraisal was $37,000 for unimproved land. The assessed value for taxes payable 2004 is $34,600. . liRA Agenda - 01/07/04 Should the HRA be interested in pursuing purchase of the Johnson parcels or other parcels, here are some things to think about: * Execution of Purchase Agreement by Apri I HRA mceting. * Closing prior to June 30, 2004. Under this scenario, the HRA would purchase the parcels from District No 1-22 bond dollars. What is the willingness of other property owners to work with the BRA in order for the HRA acquire parcels and go out for an RFP in the future? What are the planned access points and traffic circulation for Block 52? Prior to proceeding with a redevelopment project and prior to demolition of any existing buildings, the appropriate parcels on Block 52 would be removed from District No. 1-22 and a new redevelopment district established. An advantage to this is the use of the current tax rate and a 25 year district. Potential added costs to Johnson parcels - Removal of buried tanks, potential asbestos, and relocation costs. I'll be out of the office the week of December 29 except for Wednesday. At this time no action is recommended and no requcst has bcen madc by the dcvelopcr. . . 2 . . . \,. SCHEDULE BLOCK 52 IU:DE\'ELOPME~T ASSISTA~CE Deu:l11hcr 3 IIR:\ meeting - finance Plan submittcd, January 7 ! IRA mCding - 1\ lurch 3 lIRA meding - April 7 I-IRA meeting - i\lay 5 HRA mccting - June 30. 200.+ - Site Plan submitted, Site control. Dl'\'cloper dCl1l0nstr~ltcs finuncing commitmcnts, Contract for Pri\'ate Rede\'clopment bet\\'ccn de\'cloper(s) and 1-1 RA e:\ccuted. HR.-'\ tiLlthorizes issuance of Permonent Bonds, All eligible TIF e:\penditures must be spent. "'" . . . BRA Agenda - 01/07/04 7. Consideration to authorize second notice of administrative costs for non-certified TIF District No. 1-32. A. Reference and background: Attached is a copy of the letter mailed to Mr. Wurm in April, 2003, relative to administrative cost over-runs for non-certified TJF District No. 1-32. We have not received the payment of $722.50. Does the BRA want me to send a second notice and have the Finance Department attach an invoice noting interest after the due date? Since the letter was mailed another invoice of$43.75 was received from Kennedy & Graven. As you recall, the company decided to purchase the vacant Midwest Graphics building after Ehlers prepared the documentation for a new TfF District and Kennedy & Graven prepared the Contract. A Preliminary Development Agreement was executed by Wurm and the BRA and the developer paid the $5,000. Please note under the Executive's Report, ] did write Production Stamping about the "available tax increment" deficiency payment for August], 2003, for TIF District No. ] -23 (Midwest Graphics District). B. Alternative Action: ] . Authorize second notice of administrative cost over-runs for non-certified TI F District No. 1-32 with or without notice of interest after due date. 2. Deny authorizing second notice of administrative cost over-runs for non-certified TIF District No. 1-32 and cover cost by transferring funds from 1-23. C. Recommendation: The City Administrator recommends alternative no. I fix consistency. My concern is "How welcome does the City of Monticello make a new company feel if we have other means?" Van Heel was not happy paying the deficiency at closing for District No. ] -23. Wurm assumed the deficiency and wage/job creation reporting for District 1-23, and the "available tax increment" for District 1-23 means 80% of the tax increment. We could transfer the $722.50 plus $43.75 from 1-23 to 1-32 to cover the short fall and in the long run not return that amount to the County. I expect there will be a continued "available tax increment" deficiency in District No. ] -23. April 29, 2003 1.. MONTICELLO Mr. Les Wunn Production Stamping, Inc. 9600 Fallon Avenue NE Monticello, MN 55362 Re: Administrative Costs for TIF District No. ]-32. Dear Les: Congratulations on the relocation of Production Stamping to the City of Monticello. We wish you and your company many prosperous years. . Previously. you and I spoke about the Administrative Costs for the preparation ofTIF District No. 1-32. TIF District No. 1-32 was prepared in anticipation of the construction of a 60.000 sq. ft. manufacturing faci I ity on Lot 2. Block I. Monticello Commerce Center Sixth Addition. Upon execution of the Preliminary Development Agreement between the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota. (HRA) and Wurm Partnership. LLP. dated June 24. 2002, a $5.000 deposit was received from the developer. Les Wurm. to cover the Administrative Costs incurred by the HRA If the Administrative Costs exceeded the $5.000 and upon receipt of such notice. the Developer agreed to deliver the required additional security. Attached are the invoices froln Ehlers & Associates for creation of the TIF Distriu No. 1-32 and frolll Kenncdv & Graven for preparation of the Contract for Private Development. The invoices total $5,722.50 less the deposit of $5,000 leaves a balance of $722.50. Please remit the balance amount of 5722.50 due and payable to the Monticello Housing and Redevelopment Authority, 505 Walnut Street, Suite I, Monticello, MN 55362. Thank YOLl for your attention to this matter. I look forward to visiting your new t~1cility. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO (~~ \~dLt!~~~ Ollie Koropchak Executive Director Enclosures c: TIF District No. 1-32 File . Monticello City Hall, 505 Walnut Street, Suite I, Monticello, MN 55362-8831 . (763) 295-2711 . Fax: (763) 295-4404 Office of Public Works, 909 Golf Course Rd.. Monticello. MN 55362 . (7fi1) )Q<;_1170 . J:;"y. (7';"-\ 771 "-777 . Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Monticello -J ;, C) 1..' 0 <"",:'..."1. L\ V ""7 July 31, 2003 0. Q-\ MN190-00103 Wurm Partnership Project- TIF 1-32 Through July 31, 2003 For All Legal Services As Follows: 7/9/2003 SJB Review Certified documents; phone call with Ehlers, Koropchak re: same. Hours 0.25 Amount 43.75 Total Services: $ 43.75 . Total Services and Disbursements: $ 43.75 , . . MC100-01 Monticello HRA 505 Walnut Avenue, Suite 1 Monticello, MN 55362 December 10,2003 Gneral Invoice # 21611 Professional Services :~~ 11/5/2003 TH MlR TH 11/20/2003 MlR Hours Amount Re\4se proforma analysis for Industrial Park industrial park re\4ew Re\4se proforma analysis for Industrial Park discussions on admin 1.00 0.50 1.00 0.25 Total Due This Month: 2.75 $343.75 Status of Account: Current $343.75 . 30 Days $0.00 60 Days $0.00 90 Days $0.00 120+ Days $0.00 OKT'() PAY? O\hL ~~-~.,l Code "J-.\.._~,..~~o_~t~ ?, t9 \. ~ L q q Initial ,~_.,~~~_. 125.00 62.50 125.00 31.25 Total $343.75 . , it I ~ ! I: :. : !, :1: '~. .s' '\ . ,!! ',) PLEASE KEEP WHITE COpy FOR YOUR FILE AND REMIT PINK COpy WITH PA YMENT TO: ~ ~ . .- .,.."" . : o EHLERS & ASSOCIATES INC 3060 Centre Pointe Drive Roseville, MN 55113-1105 651.697.8500 .-' . . City of Monticello Accounts Payable 505 Walnut Street, Suite 1 Monticello, MN 55362 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 Tax 10 No. 41-1225694 November 24, 2003 Statement No. 59229 Through October 31,2003 MN190-00001 General ~ 'Q...'f\ ~ MN190-00084 DTED Loan - Twin City Die Casting ~ ~o-..- ~~ MN190-00089 Acquisition of 218 Front Street/O'Connor MN190-00111 Landmark Square Phase II (Masters Fifth Ave. Inc.) ~ . ..- 7 Total Current Billing: I declare, under penalty of law, that this account, claim or demand is just and correct and that no part..o~.~. has been pa..i .d. f)' ../......., i 12 ~ ....~.. , .- . .-- / lit ~'I,., ...J"- J; " \ Signature of Clciihla t 'J IT:;::.-~'--(r;" .i:.~"'_;T,~,.. .....li:,-.... '':'1 J : r": ~_~.~f) .~".. U . . ~~),; ':: i ..~.I.i";' . ,I,: ! i' " r. ~ i l : DEe ,.1 ; i I" . 1 t 1,". I.", l r l ,.....,g.".1 ~ 107.80 463.75 425.94 183.75 1,181.24 l'? L /atl\~ \'- \Ll'- (, Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 . City of Monticello Accounts Payable 505 Walnut Street, Suite 1 Monticello, MN 55362 M N 190-00001 General Through October 31, 2003 For All Legal Services As Follows: 10/4/2003 RJL Review file (612) 337-9300 41-1225694 November 24, 2003 Invoice # 59229 10/6/2003 RJL Review file; phone call to O. Koropchak; write memo to her; fax memo to Koropchak Total Services: . For All Disbursements As Follows: Fax Photocopies Total Disbursements: Hours 0.20 0.40 $ Total Services and Disbursements: $ ?-\~. L\~~6\. 3 0 '--\ 0 . Amount 35.00 70.00 105.00 $ 2.00 0.80 2.80 107.80 . Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 City of Monticello October 31, 2003 MN190-00084 DTED Loan - Twin City Die Casting Through October 31,2003 For All Legal Services As Follows: 10/1/2003 SJB Review 0 Koropchak correspondence re amendment to subsidy agreement Hours 0.25 10/31/2003 EMT Review DTED grant agreement, loan agreement, City 3.00 resolution for second amendment, call to O. Koropchak regarding first loan amendment, review amendment, draft second amendment and revise. Total Services: $ . Total Services and Disbursements: $ )G~ \ ~~l' ~ \..-0 '1'G\ If '30 to ~eoS~ . Amount 43.75 420.00 463.75 463.75 . City of Monticello October 31, 2003 Page: 3 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 1)-\0 L\(pSl?3. MN 190-00089 Acquisition of 218 Front Street/O'Connor Through October 31, 2003 For All Legal Services As Follows: 10/16/2003 RJL Review letter from J. Peterson and regulations; dictate and revise letters to J. Peterson and O. Koropchak . 10/17/2003 10/21/2003 10/29/2003 RJL RJL RJL Hours 1.00 Review, adjust and finalize letter to Koropchak; review file 0.20 Intraoffice conference re O'Connor relocation claim; 1.10 voicemails from Bubul and Koropchak; review file; voicemails to Koropchak and Bubul; phone call to Koropchak; revise letter to O'Connor's attorney; write memo to Koropchak; fax to Koropchak; revise and finalize letter to O'Connor's attorney Voicemail from Koropchak 0.10 Total Services: $ For All Disbursements As Follows: . Postage Fax Photocopies Total Disbursements: $ Total Services and Disbursements: $ ? ~ ,+0 Amount 175.00 35.00 192.50 17.50 420.00 0.74 3.00 2.20 5.94 425.94 . . . City of Monticello october 31,2003 Page: 4 Kennedy & Graven, Chartered 200 South Sixth Street suite 470 Minneapolis, MN 55402 MN190-00111 Landmark square phase II (Masters Fifth Ave. Inc.) Through October 31, 2003 For All Legal Services As Follows: 1012812003 SJS phone call with Q Koropchak re Phase II, meeting with B Fluth 10/28/2003 ~ Hours 0.25 Amount 43.75 EMT Telephone call with Q. Koropchak and S. subui regarding 1.00 neW contract with Master Fifth Avenue group, Landmark Square II, research completed file documents, development agreement. Total services: $ 140.00 183.75 Total Services and Disbursements: $ 183.75 ~-:n::: S~~ ~~~~ . f(PS'b ~ J-t3, 3D{D . . . Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis. MN 55402 (612) 337-9300 Tax ID No. 41-1225694 December 15, 2003 Statement No. 59569 City of Monticello Accounts Payable 505 Walnut Street, Suite 1 Monticello, MN 55362 Through November 30, 2003 MN190-00084 OTED Loan - Twin City Die Casting MN190-00111 Landmark Square Phase II (Masters Fifth Ave. Inc.) 238.00 1,916.25 " Total Current Billing: 2,154.25 I declare, under penalty of law, that this account, claim or demand is just and correct and that no part of it has been paid. OK TO PAY? bll\~~ Code: ~ ~ \n\t\a\ _ ~ \.,..\c;_o~ -'--'-'-" _.._------~.._~] [In" ~ l~ 11.l \':-~ II ",Ii :!'; :-.->.' 1.':::. ~ .!;, II 0J b :: " \L r---....----.----': 1:, 111\ : . DEe 1 8 2003 . ~!n ~ULI i I I _ -...: I ITV (: C 1:"U, :.'.; >"',: t '. ;'\ . e,l ~-.:..\.::~~_'.~..:.::.:.:-::l.~ - . Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 (612) 337-9300 41-1225694 ~ ;y'). ?- \ 4 ~ c;. . \-o~ ~ _ "; " 'll[) YJ..~ December 15, 2003 Invoice # 59569 City of Monticello Accounts Payable 505 Walnut Street, Suite 1 Monticello, MN 55362 ..- MN190-00084 DTED Loan - Twin City Die Casting Through November 30, 2003 For All Legal Services As Follows: Hours Amount 11/3/2003 EMT Telephone call from C. Pressley- Olson regarding 0.30 42,00 " extension of subsidy, review statute. 11/4/2003 EMT Review revised second amendment and return call to C. 0.30 42.00 Pressley-Olson. 11/6/2003 EMT Send and review email from C. Pressley-Olson regarding 0.50 70.00 . status of federal/ state funds and business subsidy extensions, review loan document and amendment. 11/7/2003 EMT Review loan agreement and ~ant agreement, discuss with 0.40 56.00 S. Bubul options, and call to . Koropchak. 11/10/2003 EMT Message from and call to O. Koropchak regarding second 0.20 28.00 amendement to agreement. Total Services: $ 238.00 Total Services and Disbursements: $ 238.00 . '. Page: 2 Kennedy & Graven, Chartered 200 South Sixth Street Suite 470 Minneapolis, MN 55402 ~-% S ~\~ 0,-\0 .~ City of Monticello ~ \:,:? ~ November 30, 2003 MN190-o0111 Landmark Square Phase II (Masters Fifth Ave. Inc.) Through November 30, 2003 For All Legal Services As Follows: Hours Amount 1117/2003 SJB Conference call re Phase II; intraoffice conference with E 0.60 105.00 Mercer-Taylor re documents 1117/2003 EMT Review first Landmark file, contract, amended contract, 2.00 280.00 , notes, call to O. Koropchak, conference call with O. Koropchak, B. Fluth, S. Bubul, discuss next steps with S. Bubul. 11/20/2003 SJB Intraoffice conference with E Mercer-Taylor re contract 0.25 43.75 . 11/20/2003 EMT Review notes, research and draft contract for private 4.50 630.00 development. 11/21/2003 SJB Revise contract; phone call with 0 Koropchak re same 3.50 612.50 11/25/2003 SJB Phone call with 0 Koropchak; revise contract 1.00 175.00 11/25/2003 EMT Review emaHs, changes to contract made by S. Bubul, 0.50 70.00 make minor revisions. Total Services: $ 1,916.25 Total Services and Disbursements: $ 1,916.25 . ~ DU'TDDDR ADVERT1SING BOX 218 - ALBERTVILLE. MINNESOTA 55301 (763) 497-3000. 8()()"22 1-4144 FAX (763) 497-4476 MONTICELLO CHAMBER OF COMMERCE P.O. BOX 192 PAGE 1 MONTICELLO MN 55362 Credit Limit: $810.00 Payment Terms: NET 15 C~YS Finance charg~ APR: 18.00\ PLEASE DETACH AND RETURN THIS PORTION WITH YOUR PAYMENT DOCUMENT NUMBER ....j ~ ." CREDITS INV02026 12/2/2003 SLS INV02026 C.h J-(V"> v.r P~\,n tiN . \\ 07 0 -" \A~ v? o\.. ~. \ " We now accept Visa, Mastercard American Express. Any questions call 80 -221-4144. AMOUNT DUE LS Involces FIN Flnance C arges CR Cre lt Memos .~P Scheduled Payments SVC Service I,Repairs RTN Returns DR Debit Memos WRN Warranties PMT Payments (WMNM~~ ~u. $0.00 $0.00 $0.0 "~ c::x..1TOOCR AD\IER'TlI!NNCI .218 - ALBERTVILLE, MINNESOTA 55301 (763) 497~3ooo. 800-221-4144 FAX (763)497-4476 INVOICE NO: 09398 INVOICE Monticello Chamber Of Commerce P.O. Box 192 Monticello Chamber Of Commerce SOLD TO: Monticello MN 55362 SHIP TO: P.O. Sex 192 Monticello MN 55362 ACCOUNT NO. SAU;SPfASOtl SHIP VIA TERMs ". . INVOICE DATE PAGE "' NO 2618 BCB NET 15 DAYS 12/18/2003 OTY. INVOICED ITEM NO. OESCRIPTION UNIT PRICE EXTENDED PRICE 1 BBRD December Advertising 1-94 Albertville $800.00 $800.00 1 BBRD January Advertising 1-94 Albertville $800.00 $800.00 SUBTOTAL: $1,600.00 Trade Discoun $0.00 .9hanA ~It TOTAL: $1,600.00 Monticello Chamber of Commerce 205 Pine Street, P.O. Box 192, Monticello, MN 55362 Phone (763) 295-2700; Fax (763) 295-2705 Website: www.montice//ochamber.com E-mai/: info@monticellochamber.com J ...aO:<lTlCELLO CZHl},MBERof €OMMERCE Ollie, Enclosed is the bill from Franklin Signs for the Billboard. As per the agreement with the Marketing Committee, you are responsible for the three months rent at $800 per month. The billing that is enclosed is only for two months, however, as Franklin bills for February in mid-Jan, Any questions, please call Susie. Thank you. . I, /.--.- ,/ t V'L-/ . . . . HRA Agenda - 01107/04 9. Consideration of Executive Director's Report. ^' Copy of the tax incrcment received from the County for the second half oftaxes payable 2003. You will note T. 1. Martin is delinquent. Although the HRA retired the district debt with the transfer and sale of the property from T. 1. Martin to the Hoglunds, the HRA has not de- certified the district. Secondly, Production Stamping has paid the property tax for the second- half of 2003 plus a penalty per the County; however, not in time for the 1 IRA to collect the tax increment. This was noted in the letter to Mr. Wurm. B. Copy of letter to Mr. Wurm, Production Stamping. Notification of tax increment deficiency ($268) for first-half of taxes payable 2003 or August 1,2003, Payment Date. The first paragraph on page two reminds the developer of the need to pay taxes on time. 1 did not list the $18,209 deficiency, February I, 2004, Payment Date, as a tax increment deficiency knowing the taxes were paid plus penalty. The HRA will collect this with the tax increment collected for the first-half of2004. A deficiency notice will be mailed at that time unless the l-lRA sees a need to notify Production of the $18,209 deficiency. C. I received the 2004 TIF Parcel Modeler from the County which has the Captured Tax Capacity by each parcel for each TIF District. For TIF District No. 1-22, the captured tax capacity for 2004 is $217,462 up from 2003, $166,448. This includes the five-year activity rule which means only parcels with permitted activity still collect tax increment. D. Copy of letter relative to snow removal at Riverwalk. E. It is my understanding Rick has authorized the reimbursement of tax increment to the County as approved by the liRA in December. F. Christmas greetings were mailed to Monticello industries, some builders and contractors, and consultants. G. The Small Industrial Group is scheduled to meet on Thursday, January 8, at 4:00 p.m. They will review a revised counter-oiTer before submitting to Chadwick. H. 2003 Annual Meeting of the Wright County Economic Development Partnership. January 16,2004,7:45 a.m. to 10:00 a.m. Wild Marsh Golf Club, Buffalo, MN. I. Steel Fabricator - 4,000 - 8,000 sq ft, wages $20 per hour. Seven jobs. Make decision in 2004. Looking at Maple Lake. Called 12-23-03 about City's potential to develop park. Contract Machining Company - Looked at Remmcle Building - visited in October. Unable to connect with owner. Asked UMC to help out. Like to talk to about other options in Monticello. 40 jobs, $18.50 per hour wages. Will write letter if all fails. H- Window Building - Two inquiries - Selling price - $2.2 million. Will now lease - $4.00 per sq ft for office and $2.00 per sq ft for warehouse -rriple Net Lease. This as of December 16. Contacted previous looker of H- Window bui Iding relative to new information and potential of city owned park. Large grocer distribution - Called for update at State and agent. Medical Manufacturer - Continue to connect - will write letter about potential new options. . HRA Agenda - 0 lI07/04 Couple of local manufacturer thinking about expansion. Retail - Couple of restaurant inquiries. 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December 22. 2003 -- MONTICELLO Mr. Les Wurm Production Stamping, Inc. 9600 Fallon ^ venue NE Monticello, MN 55362 RE: Contract for Private Development - TIF District No. 1-23. Dear Les: With the end of the year comes a review of each Contract associated with a Tax Increment District. As you recall, a Second Amendment to the Contract for Private Development was executed bet\-veen lAC Development, LLC and the Housing and Redevelopment Authority in and for the City of Monticello on June 3, 2003, for the property located at 9600 Fallon Avenue NE, Monticello., The Assignment of Contract fl..Jr Private Development bet\-veen .lAC Development, LLC and Production Stamping, Inc. was executed on July 15,2003. Per the Contract: If on any Payment Date the amount ofAvai/able Tn\' Increment is insufficient to pay the arl10unt due on that Payment Date, the Developer shall pay to the Authority, -within 1 () days ofwrilfen demand by the Authority, an amount equal to the dillerence between the amount payahle under Exhihit B (as modified) and the A vai/able Tax lncrernent actually received hy the Authority as ofthat Payment Date_ The Developer hereby acknowledges that the amount of Avai/ahle Tax Increment is subject tn change in State h{w and calculation by the Stute and County and that any such variation shall not impair the Authority 's rights ur the Developer's obligat ions here under_ The amount of the Available 'fax Increment actually received for the August 1,2003, Payment Date, was $18,795 (the "Deficiency Payment") and $17,941 for a total atnount of $36,736. Per Exhibit 8, the Payment Schedule, the Total Payment amount is $37,004. The amount due the Authority fron1 the Developer is Two Ilundred Sixty-Eight Dollars and No Cents ($268). the amount equal to the difference between the amount payable under Exhibit B and the Available Tax [ncrctnent actually received by the Authority as of that Paytnent Date. Please remit the ahove amount to: Monticello Housing and Redevelopment Authority, 505 Walnut Street, Suite I, Monticello, MN 55362. ...." -.. ----.. ..-......"......".....-..'''.. Monticdlo City Hall, 505 Walnut Street, Suite I, MOllticello, MN 55362-8831 . (763) 295-2711 . Fax: (763) 2')5-4404 Office of Public Worb, l)09 Golf Course Rd., Monticello, MN 55362 . (763) 295<,170' Pax:: (763) 271-3272 . . . '- I" Mr. Les Wunn December 22, 2003 Page 1 No tax increment was calculated by the County nor paid to the Authority for the six months preceding the Payment Date, February 1.2004. Please refer to ARTICLE VI Tax Increment: Taxes. of the Contract. Should you have any questions. please caIl me at 763-271-3208. Thank you for your attention to this matter. Sincerely, HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO 6~ \~na~~~ Ollie K'oropchak Executive Director Enclosure c. TIF District No. 1-23 File Steve Bubul, HRA Attorney ./ . EXHIBIT B I' Payment Schedule P.'ymcnt Schedule Pnyment Date Interest Principnl Total Pnyment August 1.1003 4.150 31.754 37.004 February I. 2004 3.104 15.105 18.209 August I. 2004 2.575 15.634 18.209 February 1.2005 2,028 16.181 18.209 August I. :W05 1.462 16.747 18.209 February 1.2006 876 17.333 18.209 August 1. 2006 269 7.689 7.958 I... . . S.lIl- 2i' I :i')v I MNllJO-110 B-1 C\\). December 22_ 200] MONTICELLO Ms. Karen Weaver llans Hagen Ilomes 941 NE Ilillwind Road. Suite 300 Fridley. MN 55432 Re: Rivenvalk snow removal Dear Karen: The purpose of this leHer is to summarize our con\'ersation or Decelllber 17.200]_ relati\C to the rel1lo\',1! of snow by the Ri\el"\\alk TO\\'llhouse Association. . The plan /()f snmv n:mO\al for the rear private alley of the Rivcnvalk townhouse developmellt is as f(lllm\s: The Lawn and Snow Service Contractor hired by the Association will first Il1me the SIlO\\' to the Iloll h 0 f the alley het weell the center islands of the townhouse d ri veways. Should a hea\ icr sno\\ I(dl OCCUI". the second plan is to mo\"C the snow to the far ends or the development. Thc LIst option is 10 reIl1O\'C the snow from the area. You inquircd anout possihle placcs to stockpile snO\v. ^ few suggestions: Jay Morrell. 7().1-2():'-3122: Schluender. 763-295-5784: and Ken Maus. 763-295-2634. The City of I'v!onticello appreciates Ilalls Itagcn I tomes cooperation and quick response tothe COllcern raisl'd by the neighbor. Should you havc any questions. pleasc call me at 7('3-271-J208. Sincerely. CITY OF iv!ONTICELLO CJllL \< ~,\(,D~ Ollic Koropchak l:conol11ic Development Director c: Bret \Vciss. \VSB. Ine. (lien Posusla. Council i\lcmhL'r Jnhn Simol,L I'ubl.ic \\'orks l)in.'Clt1r File . Monticello City Hall. 505 Walnut Street. Suite l. MOlllicdlo. MN 55Vl2-883 I . 0(3) 295-2711 . Fax: Ot.3) 295 4404 Office of Public Works, 909 Golf Course Rd. :>Iollticcllo. MN 55362 . (763) 295-3170' Fax: 0(3) 271.3272 Ot \...uL MONTICELLO MONTHLY BUILDING DEPARTMENT REPORT 'r 2003 ~ USES This Sllm~ i\1"lllh LlIst \'~lIl' This \'~lIr nUTS ISSt 'EI) '''unth Lust \'~1I1" Tu ()ut~ Tu Dalc 1.11_ lO 21 5..1') 501l HIlR9.7" 1,00 $1.'!9Ii.05(JOO $2(>.36".209,()O $27.277.6n,()() $71.(.R5.1>5 $12.02512 $-124.109,10 H2.1.001A5 $I.X03,15 $755,92 $ 13,62.1'1,1 $ J 3.21U, 71 I,-l/. 2 .1 65 59 $1 J 5.000,00 $37.36000 $IJ.7HU63.UO $12.2(,7.6.HJ.OO $2.1.'6,51 $1,OR9.7X $1111.319.53 $104,96Il.J7 $57.50 $IR,61l $5,57195 $4.1 R9,31l . '- 0 0 0 I $0.00 $(l.(JO $0,00 $500,00 $0,00 $0.00 $0.00 $23.00 $1l.OO $0,00 $(J.OlJ $0.50 31 11 25') 274 $-J.459,()0 $1.J05.00 $23.550,OIl $36.J5Il,1l0 $16,()O $6,00 $129.5() $IXIUO L 40 /l) 2')H 3U2 $3. 751.50 $J.(lIO,()O $19,0)000 $22,'142.00 $2000 $9,)0 $14H.50 $153.50 0 0 II 12 $O,OlJ $ (J.(JO $31L 700,00 $53.500,00 $000 $0,00 $%3,15 $950.15 $0.00 $0.00 $39..13 $20.50 .\1 ITS 114 :i(, 11112 11% \no:\ $ 4,1104,7" 1.1111 $ 1':;33," 16.1111 S 411,1117,772.1111 S 39,:;99,263.1111 S 82,1"2.66 $ 25,4311.00 $ 585,<J7I.7H S 5811,745.117 J..\I{GES $ 1,8%.95 $ 7911,I(J $ 19,5t2.82 S 17,1136.119 ':\TII .. FEES i'\l':\IUER TO IHTI-: :\.\Tl'RE NUlllb~I' r~l"Init/l'llIll ('I( Sun:hlll'l(~ \'uluatiUIl This Yca/' L:1.~t r~ar s $20.370.48 $541.58 $1.3Cl-I.539.0() 151 18,1 ill'S 0 $()OO $O.()() $000 'I 19 3 $15.693.% $/.10.73 $21i IA 15,O() J () 10 $34,UJI.% $1,076,76 $1.155,U48()O 'Ill 10 0 $0.00 $0,00 $(J,O() 0 0 I $1.350.94 $37,50 $75.00(),OO 15 ') .>~ 0 $0,00 $0.00 $O.()O () (J 0 $0.00 $0,00 $(l.OO Iii ') .'- 0 $(l.OO $000 $0.00 0 0 :PAIR 9 $1.5li9,25 $.H3X $81l.7J9()() 20Cl IS7 1 $895.57 $20,00 $'llJ.()O(),OO 3.1 3.1 () $0.00 $(),OO $0.00 I () ]2 $4.459.00 $16,00 N^ 274 ~51) 40 $3.751.50 $20.00 N^ 302 298 JI E