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04-18-94 agendaCITY OF RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY MONDAY, APRIL 18, 1994 *************,t******************~t**~r***************************** SPECIAL CITY COUNCIL MEETING HELD CONCURRENTLY WITH REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING 7:00 P.M. COUNCIL CHAMBERS AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ITEMS TO BE CONSIDERED BY CITY COUNCIL: 1. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AMENDING RICHFIELD COMPREHENSIVE PLAN MAP RELATING TO CSM REDEVELOPMENT PROJECT AND RELOCATION OF EMERSON AVENUE CONGREGATIONAL CHURCH COUNCIL LETTER NO. 118 2. PUBLIC HEARING ON CONSIDERATION OF PLANNED UNIT DEVELOPMENT PLAN AND SECOND READING OF ORDINANCE AMENDMENT TO REZONE CSM PROJECT AREA FROM HIGH DENSITY COMMERCIAL TO PLANNED GENERAL COMMERCIAL COUNCIL LETTER NO. 119 3. PUBLIC HEARING ON CONSIDERATION OF FINAL DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT FOR PHASE I DEVELOPMENT OF CSM PROJECT COUNCIL LETTER N0. 120 ITEM TO BE CONSIDERED BY HRA: 4. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF PROPERTY TO CSM CORPORATION TO PROVIDE FOR CONSTRUCTION OF PHASE I SHOPS AT LYNDALE AND RELOCATION OF EMERSON AVENUE CONGREGATIONAL CHURCH HRA LETTER NO. 31 ADJOURNMENT OF SPECIAL CITY COUNCIL MEETING ******~t*~*****~~*~*******~~~*~t*******~******~~****~***********~** REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING IMMEDIATELY FOLLOWING SPECIAL CITY COUNCIL MEETING COUNCIL CHAMBERS AGENDA CALL TO ORDER APPROVAL OF MINUTES OF (1) HRA MEETING OF MARCH 21, 1994 AND (2) HRA MEETING HELD CONCURRENTLY WITH CITY COUNCIL MEETING OF MARCH 28, 1994 1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ITEMS NOT ON THE AGENDA 2. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF RICHFIELD REDISCOVERED PROPERTY AT 7245 12TH AVENUE TO JESPERSEN BUILDERS IN ACCORDANCE WITH DEVELOPMENT AGREEMENT HRA LETTER N0. 32 3. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION AUTHORIZING SALE OF RICHFIELD REDISCOVERED PROPERTY AT 6926 CHICAGO AVENUE TO QUAM, SUMNICHT, AND ASSOCIATES IN ACCORDANCE WITH DEVELOPMENT AGREEMENT HRA LETTER NO. 33 4. CONSIDERATION OF STATUS REPORT ON COMMUNITY APARTMENT PROGRAM HRA LETTER NO. 34 5. CONSIDERATION OF AUTHORIZATION TO FUND RICHFIELD REDISCOVERED NEW CONSTRUCTION HRA LETTER NO. 35 6. CONSIDERATION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH SOUTH HENNEPIN TECHNICAL COLLEGE TO INITIATE 1994-95 RICHFIELD REDISCOVERED PROJECT AT 7021 NICOLLET AVENUE HRA LETTER N0. 36 7. CONSIDERATION OF RESOLUTION AUTHORIZING MODIFICATION TO RICHFIELD HOUSING REHABILITATION PROGRAM PROCEDURAL GUIDE FOR DEFERRED LOAN PROGRAM HRA LETTER N0. 37 8. EXECUTIVE DIRECTOR REPORT 9. CLAIMS AND PAYROLL ADJOURNMENT AUXILIARY AIDS FOR INDIVIDUALS WITH DISABILITIES ARE AVAILABLE UPON REQUEST. REQUESTS MUST BE MADE AT LEAST 96 HOURS IN ADVANCE TO THE ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702. HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 37 Agenda April 18, 1994 Issue Statement: Review and approve of modifications to the Richfield Housing Rehabilitation Program Procedural Guide. Background: The Community Development Hlock Grant (CDHG) Deferred Loan Program is administered by the HRA in accordance with a procedural guide. The guide was last reviewed by the HRA in 1988. The primary objective of the Deferred Loan Program is to upgrade and maintain existing Richfield housing owned by lower income persons. In the last three years (1991-1993), over $390,000 in CDHG funds was expended to assist approximately 45 low income homeowners in maintaining their homes. The loan becomes a lien on the borrower's property for 30 years or payable upon sale or conveyance of title. In 1993, over $40,000 in loans were paid back to the HRA. Additional loans are provided from payoffs as received. Repairs and improvements covered by the deferred loan address major maintenance, health, safety and energy issues. Examples of improvements include installing roofs, new gutters, windows and doors, updating the electrical service to 100 amps, installing handrails, bathroom exhaust fans and smoke detectors. Funds may also provide major repairs to deteriorating bathrooms and assist • households that face overcrowding and accessibility issues. Currently the maximum loan amount is $10,000. Hennepin County provides CDBG funds to the City and has recommended changes to the program guidelines. The requested changes proposed for HRA adoption are discussed in greater detail on the summary sheet. The proposed changes: • Increase the deferred loan limit from $10,000 to $15,000. • Increase loan limit for accessibility improvements from $15,000 to $20,000. • Increase the income limit for accessibility improvements from 50 percent up to 80 percent of median. • Modify the method of calculating interest rates charged to homeowners if the future loan repayment is unreasonably delayed. • Drop reference in the guide to the HUD Section 312 program which has been discontinued. • A copy of the guideline as revised is attached. Recommended Motion: Authorize the Executive Director to make modifications to the Richfield Housing Rehabilitation Program Procedural Guides for the Deferred Loan Program as outlined herein. Basis of Recommendation: 1. HUD requires Hennepin County and Richfield to use a procedural guide to administer a CDBG Rehabilitation Loan Program. 2. Hennepin County is proposing changes in their procedures which provide Richfield the opportunity to update their procedures also. 3. The costs of materials and supplies have increased and fewer items which are in need of repair can be covered under the existing loan limit of $10,000. Costly items, such as a new roof, new furnace, or new storm windows, could use up to half of the loan. 4. Eligible homeowners usually have very few assets and are unable to pay for work that exceeds the current loan amount. 5. Items not covered by the loan will continue to experience deferred maintenance and fall into greater disrepair. The homeowner is not being sufficiently assisted. 6. The requested increase in the loan limit from $10,000 to 515,000 is acceptable to HUD and consistent with the county's increase from 510,000 to 515,000 • 7. Improvements for accessibility are critical for many persons and families who may be just over the 50 percent median income limit, but have virtually no assets. Very few households have been served at the lower limit. 8. Accessibility improvements often entail significant structural and hardware changes which are more costly than general home repairs. 7. The existing formula for determining the interest rate charged on .loans not repaid within 30 days of sale is cumbersome and time consuming to calculate. Alternative Recommendation: 1. Modify the proposed changes further, contingent on HUD and Hennepin County acceptance of those changes. 2. Do not make any changes to the Procedural Guide at this time. Discussion/Decision Mode: If authorized, staff would implement changes immediately. Resp ly submitted, James Prosser Execu a Director JDP:ds HRA RESOLUTION N0. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING MODIFICATION TO THE RICHFIELD REHABILITATION DEFERRED LOAN PROGRAM WHEREAS, the Richfield Housing and Redevelopment Authority provides a Rehabilitation Deferred Loan Program which utilizes CDBG funds to assist lower income homeowners with rehabilitation of their homes; and WHEREAS, the Program Procedural Guides were approved by the _HRA-in 1988 and: are modified periodically. as .program requirements and needs dictate; and WHEREAS, Hennepin County and Richfield staff have identified modifications to the Program Procedural Guides; and WHEREAS, the HRA has reviewed these modifications as follows: 1. Increase maximum loan amount to $15,000 from $10,000. 2. Provide up to $20,000 for accessibility improvements. • 3. Increase the income limit for accessibility improvements from 50~ to 80$ of median. 4. Modify the method of calculating interest rates charged to homeowners if the future loan repayment is unreasonably delayed. 5. Drop reference in the Guide to the HUD Section 312 program, which has been discontinued. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota, that the Executive Director is authorized to modify Richfield Rehabilitation Deferred Loan Program Procedural Guidelines as described herein. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of April 1994. Thomas E. Harms, Chairperson ATTEST: • Vern Luettinger, Secretary • SUMMARY OF CHANGES To the Richfield Housing Rehabilitation Program Procedural Guide: April 18, 1994 1. Increase the Deferred Loan limit to 515,000 (paae 37) The existing loan limit is $10,000. Bids for work to be performed consistently exceed this amount. In the last six years costs have increased sufficiently so that the maximum loan amount does not cover all the needed repairs. The home is left only partially assisted. In the majority of cases, the homeowners do not have enough assets to cover the costs that exceed the loan limit. Following is an example of bids received for several loan recipients, and the actual loan amount they received. The lowest bid is always adjusted by dropping repairs until the maximum .loan amount is achieved. Loan Number CD-312 CD-292 CD-321 CD-310 CD-306 CD-297 BID 1 $14,451.00 $16,329.00 $16,696.24 $10,954.00 $13,853.40 $16,935.00 BID 2 $15,575.00 $17,319.00 $19,126.00 $15,278.00 $15,960.00 $14,958.00 Loan Amount $10,000.00 $ 9,740.00 $10,000.00 $10,000.00 $ 9,939.40 $10,000.00 An increased loan amount would more closely cover the scope of work identified in these bids. 2. Increase the Loan Limit for Accessibility Improvements S page 37 ) The current guideline allows $15,000, or $5,000 over the loan limit. This adjustment reflects the greater expense related to structure and hardware when making accessibility improvements in addition to repairs. Consistent with the increase in the overall loan limit, the accessibility loan limit would became $20,000. 3. Chanae the Income Eliaibilitv for HandicaoAed Accessibilit (page 22) Currently, income eligibility is determined at 50$ of the. metropolitan area median income for .all deferred loan applicants. Raising the eligibility standard to 80$ for those with accessibility needs would provide assistance. to a greater number of homeowners who may be slightly over the 50~ requirement, but do not have enough resources to make the changes their home may need to improve livability. Hennepin County has this same standard. Family Size Low (80~) Very Low (50$) 1 $27,800 $17,350 2 $31,750 $19,850 3 $35,700 $22,300 4 539,700 $24,800 5 $42,850 $26,800 6 $46,050 $28,750 4. Change the Formula for Determining the Interest Rate on Loans Not Paid Back Immediately (page 32) If payment is not received within 30 days of sale or transfer of the property, interest will begin to accrue on the loan. The current procedure is difficult to calculate and very cumbersome. The recommended change bases the interest rate on one percent over the prime rate, as determined on the first day of non-payment, or the 31st day after sale or transfer. 5. Drop References to the HUD Section 312 Rehabilitation Loan Program This program is no longer available. C~ • TABLE OF CONTENTS PAGE PROCEDURAL GUIDES I. Administrative Procedure ...... ....................... 1 II. Eligibility and Priority Guidelines.......... ....... 2 COMMUNITY DEVELOPMENT BLOCK GRANT-HOME REHABILITATION LOAN PROGRAM .Section I DEFINITIONS A. Housing Rehabilitation Deferred Loan ................. 4 B. Applicant ............................................ 4 C. Borrower.... ....................................... 4 D. Deferred Loan•Package ................................ 4 E. Resident............ ................ ............. 4 F. Household Gross Income......... .................... 4 G. Assets ............................................... 5 H. Handicapped Person ............................. .... 5 I. Accessibility Improvements ........................... 5 J. Administrating Entity ................................ 5 Section II CONDITIONS GOVERNING ADMINISTRATION A. Amendments; Directives ............................... 5 B. Federal and State Regulations ........................ 5 C. Administrative Subcontracts .. ....................... 6 D. Delivery of Deferred Loan Funds ...................... 6 E. Approval of Deferred Loan Packages ................... 6 F. Administrative Costs ................................. 6 G. Certifications ....................................... 7 H. Expediency of Deferred Loan Processing ............... 7 Section III RESPONSIBILITIES OF THE HRA A. Outreach and Public Information ...................... 8 B. Inspection of Properties ............................. 8 C. Applicant Selection Criteria ......................... 9 D. Preparation of Scope of Improvements and Cost Estimates ............................................ 10 E. Preparation of Deferred Loan Packages ................ 10 F. Requests for Changes in Deferred Loan Amount......... 11 G. Disbursement of Funds ................................ 11 H. Prohibition of Service Fee Charges ................... 12 Section IV ELIGIBLE PROPERTIES .......................... 12 Section V IMPROVEMENT STANDARDS ........................ 13 ELIGIBLE IMPROVEMENT ......................... 17 Section VI ELIGIBLE RECIPIENTS .......................... 21 A. Ownership ........... ................................ 21 B. Household Gross Annual Income ......................... 22 C. Asset Determination .................................. 26 -1- PAGE Section VII DEFERRED LOAN PACKAGES ....................... 27 A. Homeowner Application for Deferred Loan .............. 27 B. Property Inspection Report ........................... 28 C. Scope of Improvements and Work Proposal .............. 29 D. Contractor Bids ...................................... 29 E. Work contract ........................................ 29 F. Income verification .................................. 29 G. Asset Verification ................................... 30 H. Individual Data Confidentiality........... ......... 30 I. Title Verification Form ..... ........................ 30 J. Mortgage Status Verification ......................... 31 K. Repayment Agreement ........... ...................... 32 L. Emergency Deferred Loan Approval ..................... 36 M. Improvements Certificate ............................. 36 N. Data on Individual Grants and Loans. ............... 37 O. Proceed To Work Order ................................ 37 P. Amendment Request Certificate ........................ 37 Q. Contractor Bills ........................... ........ 38 R. Completion Certificate ............................... 38 S. Complaint Record ..................................... 38 T. Acknowledgment of Data Confidentiality ............... 38 U. Entry Permit ......................................... 38 V. Zoning Verification .................................. 39 W. Sworn Construction Statement ......................... 39 X. Lien Waivers ......................................... 39 Y. Lead Based Paint Poisoning ........................... 39 Z. Adverse Claim Form ................................... 39 AA. Ammendment to Deferred Loan Agreement ................ 40 Section VIII ACCEPTANCE PROCEDURES ........................ 40 A. Review of Deferred Loan .............................. 40 B. Notification of Ineligibility ........................ 41 C. Loan Approval ........................................ 41 Section IX COMPLETION AND DISBURSEMENT PROCEDURES....... 41 A. Completion Procedures ................................ 42 B. Disbursement Procedures .............................. 43 Section X POST CONSTRUCTION ISSUES A. Construction Problems ................................ 44 B. Bankruptcy Cases and Foreclosures .................... 45 Section XI EMERGENCY DEFERRED LOAN GUIDELINES........... 45 Section XII PROCEDURES FOR DEFERRED LOANS INCLUDING ACCESSIBILITY IMPROVEMENTS ................... 47 A. Accessibility Improvements ........................... 47 B. Requirements for Participation ....................... 48 C. Amount of Deferred Loan for Accessibility Improvements ......................................... 48 D. Responsibilities of the HRA .......................... 49 -2- Section XIII GENERAL CONDITIONS RELATING TO DEFERRED L0ANS.50 A. Urban Hennepin County Equal Opportunities/Affirmative.50 Action Requirements Section XIV RICHFIELD FLOOD GRANT PROGRAM ............... 51 A. Applicant.Selection ............... ................. 52 B. Ownership ..................................... .... 52 C. Income and Assets ................................... 53 D. Zoning .............................................. 53 E. Eligible Improvements........ ....................... 53 F. Amount of Grant ..................................... 53 G. Ineligible Improvements .................. .......... 54 H. Competitive Bids .................................... 54 I. Insurance Requirement .. ............................ 54 J. Repayment Agreement ................................. 54 -3- RICHFIELD HOME REHABILITATION PROGRAMS Procedural Guides These guidelines as adopted by the Housing and Redevelopment Authority of Richfield, Minnesota, set forth the process and criteria for reviewing applications for the Richfield Home Reha- bilitation Program. The three existing types of rehabilitation assistance are as follows: 1) Community Development Block Grant (CDBG) Home Rehabilita- tion Deferred Loan. 2) Flood Grants The objective of these assistance programs is the upgrading and maintenance of the Richfield housing stock by assistance to low and moderate-income people. From time to time, the HRA may, by resolution, discontinue or add programs. At that time, these administrative guidelines will be amended to reflect those changes. I. Administrative Procedure A. Responsibilities of Administrators 1. The Housing and Redevelopment Authority Board of Commissioners are responsible for the establishment and adoption of each program. They set forth the intent and objectives of the programs. They are responsible for the appropriation of the operating funds. The Commissioners will also hear appeals from applicants as presented by the Executive Direc- tor. 2. The Executive Director of the HRA will review and forward any pertinent information to the HRA Commis- sioners. The Executive Director will also receive written appeals and take whatever action is appro- priate. 3. The HRA staff will be responsible for taking and processing applications and obtaining all necessary information to complete them. The staff is respon- sible for interpreting the guidelines established and approved by HRA Commissioners. Applications will be reviewed for eligibility as they are re- ceived. Upon review of each application, the staff will determine which applications are eligible and which applications are denied according to the review guidelines and criteria. Applicants will be notified in writing of the decision. -1- 4. A Summary of the grant and loan cases and actions taken, relating to each case, will be written and. forwarded to the Housing and Redevelopment Commis- sioners, as requested. 5. An applicant who is denied funding may re-apply after 90 days and be reconsidered on the basis of new information. The decision of the HRA staff will be final; however, appeals may be made in those cases where applicants believe they were not treated equitably.' Appeals shall be in written form and submitted to the HRA staff administrator outlining the applicant's concerns. An HRA staff review will evaluate the appeals. If a solution by the staff is not reached, the case will be referred to the Execu- tive Director of the HRA for review. A reply in written form to the appeal will be sent to the applicant within fifteen (15) days. 6. CDBG Funds are received from Hennepin County as part of an entitlement grant. The County has adapted guidelines for distribution of this money for housing rehabilitation activities to include: • 1. Rehabilitation Deferred Loans 2. Flood Grants (special set aside) An applicant receiving one type of grant or loan is eligible to receive a grant or loan of another type if all eligibility requirements are met. II. Eligibility and Priority Guidelines The eligibility and priority guidelines follow. Application will be reviewed and processed according to the criteria established. • -2- PROCEDURAL GUIDE COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM • REVISED: APRIL 1994 -3- COMMUNITY DEVELOPMENT BLOCK GRANT HOME REHABILITATION DEFERRED LOAN PROGRAM I. Definitions A. Housing Rehabilitation Deferred Loan means the.commit- ment of funds on behalf of recipients for the purpose of making eligible improvements to eligible properties, as described in Section IV and V of these Procedural Guides. B. Avplicant means an individual or household submitting an application for a loan who has not yet been approved for funding. C. Borrower means an individual or household meeting the requirements of Section VI who applies for and receives. a deferred loan. D. Deferred Loan Package' The "Deferred Loan Package" consists of all documents listed below and explained in Section VII. -Homeowner Application -Individual Data Confidentiality -Entry Permit -Lead-Based Paint Poisoning Notification -Income Verification -Asset Verification -Mortgage Status Verification -Title Verification -Property Inspection Report -Scope of Work -Improvement Certificate -Contractor Bids -Work Contract -Contractor's Acknowledgement of Data Confidentiality -Amendment. Request Certificate (if needed) -Contractor Bills -Completion Certificates -Sworn Construction Statement -Lien Waivers -Data on Individual Loans -Repayment Agreement -Complaint Record (if needed) E. Resident means a person, other than a renter, living in the household, for at least nine months of the year. F. Household Gross Income means the annual income of all residents of the applicant's/borrower's household, as determined in accordance with Section VI. -4- G. Assets means the property, real or otherwise, of an applicant's/borrower's household, as determined in accordance with Section VI. H. Handicapped Person means a person who has a permanent physical condition which substantially impairs the ability to function independently in a residential setting, or which substantially limits such person's ability to become employed or to participate in the community. A person with a condition such as chronic emphysema, ar hritis, heart disease and other "invisible conditions not requiring the use of devices to increase mobility shall not be deemed a Handicapped Person, unless a licensed physician verifies in writing that such person's condition does substantially limit his or her ability to function independently in a residential setting or to become employed or to participate in the community. I. Accessibility Improvements includes improvements to one or two unit dwellings which are designed to enable a handicapped person to function independently in a resi- dential setting, such as provisions for adequate space for maneuvering, access and egress (both in exterior and interior- spaces), and locations of equipment to facili- tate ease of use. J. Administerina.Entit~ means the person (Deferred Loan Administrator) and/or agency (Richfield HRA) processing the deferred loan. II. Conditions Governing Administration A. Amendments; Directives These Procedural Guides may be amended or supplemented from time to time by Urban Hennepin County and the HRA by issuance of revised pages, which shall be effective as of the date of issue, or such later date as the amendment shall specify. Administrative memoranda may also be issued which discuss policy interpretations, clarification of procedures and other administrative matters. If the HRA wishes to deviate in any way from these procedural guides the proposed change must be described in writing and be granted written approval- .. from Hennepin County. B. Federal and State Regulation Nothing in these Procedural Guides shall be construed in such a manner as to conflict with, alter, or amend any federal or state regulation applicable to the conduct of the HRA's business, affairs, or functions. -5- C. Administrative Subcontracts The HRA may enter into agreements with .other entities for the purpose of obtaining assistance in the perfor- mance of certain administrative tasks with respect to the delivery of Deferred Loan Funds. Regardless of such agreements, the HRA shall fulfill the following requirements: 1. The HRA shall bear full responsibility for the per- formance of any subcontracting entity with respect to the Deferred Loan Program. Such performance shall include, but is not limited to, the full adherence to policies and procedures set forth in these Procedural Guides. 2. The HRA is fully liable for all warranties and representations made regardless of who does the actual origination and/or packaging of deferred loans. D. Deliverv of Deferred Loan Funds The HRA must disburse funds to contractors for completed work, in compliance with Sections III-B and IX-B. The HRA will be reimbursed by Hennepin County for deferred loan amounts as outlined in Section IX. The HRA may make and deliver deferred loans having an aggregate principal amount not to exceed the amount stated in Section VII-M. E. Approval of Deferred Loan Packages No work may commence on any structure prior to the proper completion of work contract and Proceed to Work Order referring to specific work items under that par- ticular deferred loan. F. Administrative Costs Any city may exercise the option to allow Hennepin County to administer the program within the city. In this event, Hennepin County will assess a fee equal to 10 percent of total CDBG funds allocated by the City for Housing Rehabilitation. The city may then recapture only administrative expenses directly related to housing inspection. If the HRA administers the program locally, the administrative costs cannot exceed 10 percent of the total rehabilitation allocation in any single year. The HRA will recapture all costs related to the adminis- tration of the program up to that limit. -6- G. Certifications The HRA hereby makes the following warranties on the date that each Deferred Loan Submission package is submitted for acceptance: 1. The HRA is legally authorized and constituted to administer the Housing Rehabilitation Deferred Loan Program in the State of Minnesota. 2. No payments, fees, or renumeration of any type what- . soever have been solicited or received from any Deferred Loan Recipients or Applicants. 3. After reasonable inspection, the HRA has no knowl- edge that any improvement covered by the deferred loan is in violation of any applicable zoning law or regulation. 4. Any employee of the HRA who is authorized to sign or countersign checks, drafts, or to certify vouchers shall be covered by a fidelity and forgery bond in an amount at least equal to the lesser of $25,000.00 or one-third (1/3) of the City's total authorized Deferred Loan Funding; such an employee must be an authorized signatory as evidenced by a written in- strument of the governing body. • 5. The HRA shall maintain documentation accounting for all funds received through the collection of liens as prescribed in the Repayment Agreement. Such funds must be submitted to Hennepin County since they are identified as program income. Urban Hennepin County shall allocate the funds for reuse in the HRA's most currently funded Community Devel- opment Block Grant Housing Rehabilitation Program. 6. If, as to any deferred loan disbursed by the HRA, any of the warranties contained in Section II-G is in fact untrue in any respect, then the County may, at its .option, take whatever action it-deems neces- sary, including legal action, to recover from the recipient and/or the HRA, the Deferred Loan Funds so disbursed in violation of such warranties. H. Expediency of Deferred Loan Processing Deferred loans shall be processed in a reasonable length of time in an efficient and accurate manner. Normally,. a deferred loan shall be completed, with the repayment agreement filed within six (6) months. -7- III. Responsibilities of the HRA A. Outreach and Public Information The HRA will be primarily responsible for the promotion of the Deferred Loan program at the local level. The HRA must exercise care in avoiding any advertising or outreach method which may be deemed to systematically exclude potentially eligible ,applicants. Access to program materials may not be denied to any person for any reason. The program should include efforts to reach those persons who traditionally would not have been expected to apply for housing programs. In order to develop an affirmative marketing program, the HRA should review its normal outreach methods to determine how the meth- ods currently in use can be improved to reach out to persons who otherwise might not apply for assistance under the Deferred Loan Program. B. Inspection of Properties The HRA shall be responsible for carrying out a minimum of two inspections of each approved property. 1. One inspection shall be accomplished prior to the `submission of'the Deferred Loan Package to determine the following: a. That all necessary improvements are listed in a Property Inspection Report, as described in Section VII. b. That the Scope of Work shall be developed by the HRA from the Inspection Report. The work shall be bid in accordance with the technical specifi- cations; and c. That the structure, upon completion of necessary repairs, will be reasonably livable, safe, habit- able and energy efficient; and d. That the structure, upon completion of necessary repairs, will be economically viable, such that the amount of the Housing Rehabilitation Deferred Loan may be amortized over the expected remaining life of the property in an economically prudent manner. A structure is considered economically viable where the cost of needed repairs does not exceed the amounts of funds from this and other sources that are available for rehabilitation. Generally, the amount of the Deferred Loan should not exceed 50 per cent of the market value of the -8- property as indicated on the property tax state- ment. 2. After all work is finished, the second mandatory inspection shall take place, to determine that all work has been completed in a satisfactory manner, consistent with these guides, the Scope of Improve- ments, the contractors bid and the work contract. The HRA may conduct interim inspections of. the property as it deems necessary. Partial disburse- ment of funds may be authorized by the HRA after: a. An interim inspection is conducted by the HRA; and b. The HRA determines that the specific work for which payment is requested has been completed in a satisfactory manner; and c. A Completion Certificate is executed by all parties for the work completed. Partial payment can be received by the contractor for an amount equal to 90$ of the cost of completed work. C. Anolicant Selection Criteria The HRA will implement a first come, first served basis for applicant selection. It is imperative that each application be dated immedi- ately upon receipt. The date of Receipt shall be used as the sole criteria for recording priority ranking of application. In applying the first come, first served process, the Deferred Loan Administrator must adhere to the following guidelines: 1. The first come, first served process must be uni- formly applied during the .entire funding year. 2. No eligible applicant shall be rejected on the basis of judgments as to the personal character or life- style. 3. The HRA will allow for the consideration of applica- tions on emergency basis by utilizing the Emergency .Deferred Loan Procedures outlined in Section X, in cases which require more rapid approval than is possible through normal selection and approval system. -9- 4. Where no funds are available for assistance to • eligible applicants, the following procedure shall be used: a. Explain to the applicant that the funding for the current year has been either depleted or allocated. b. Make the applicant aware of the other possibili- ties which include the MHFA Rehabilitation Deferred Loan and/or Low Interest Loan programs and other local, state and federal programs. c. Send the homeowner a letter indicating that the application has been placed on a waiting list but there is no guarantee of future funding. This letter should also outline other possible avenues of obtaining home improvement funds. Hennepin County requires all cities to implement a first come, first served applicant selection process. If the HRA wants to implement an objective criteria system, including a priority ranking of applicants and/or a deferred loan review committee; an explanation of the system, the objectives intended to be accom- plished by the use of such a system and an explanation of the selection and function of the deferred loan review committee must be submitted to Hennepin County for review prior to the start of the funding cycle. D. Preparation of Scope of Work and Work Proposal The Scope of Work is based on the Property Inspection report. The HRA must provide the homeowner with a copy of the Scope of Work as described in Section VII of these guides. The Scope of Work will list all eligible improvements on which to obtain contractor bids. The HRA may provide assistance to the homeowner in obtaining bids for rehabilitation. Such assistance must include providing the homeowner with a copy of the Scope of Work as described in Section VII of these guides. The homeowner must obtain a minimum of two bids for each of the authorized improvements. E. Preparation of Deferred Loan Package The Deferred Loan Administrator shall be responsible for the thorough and accurate completion of all program documents, as specified in Section VII of these Proce- dural Guides. Care must be taken to maintain current information on the eligibility of the borrower consis- tent with Section VI. -10- The Deferred Loan Administrator will assist the Borrower with the preparation of the Deferred Loan Package, upon request, in certain situations. Such assistance shall include a personal visit by the Deferred Loan Adminis- trator to the home of the Applicant, or to any reason- able location which is accessible to the Applicant. Assistance will also be given, when needed, to complete necessary tasks required to complete the Deferred Loan Package, i.e., soliciting bids for Deferred Loan Im- provements, when absolutely necessary. The borrower must be notified that the HRA does not endorse or recom- mend any contractor(s) and that the administrating entity accepts no responsibility for the performance of the contractor(s) appointed to carry out the work. F. Requests for Changes in Deferred Loan Amount At the discretion of the Deferred Loan Administrator, an expenditure of funds in excess of the approved loan amount may be approved in the event of justifiable over- runs in the cost of improvements. The Deferred Loan Administrator must document increases or decreases in the loan amount according to the following procedures. 1. All requests for increases or decreases must be submitted on an Amendment Request Certificate, (See Sec. VII-P) signed by the homeowner and contractor, and Deferred Loan Administrator; and 2. The Deferred Loan Administrator shall inspect the. property to determine that the increase or decrease is justified; and G. 3. Authorization will be issued for those deferred loan amount increases or decreases which meet the eligi- bility criteria set forth in Section VI of these Procedural Guides. Such authorization will be given on the Amendment Request Certificate through the signature of the Deferred Loan Administrator. 4. Where a new contractor is chosen, a Work Contract must be executed by the borrower and contractor. 5. In no case shall the amount of the Deferred Loan exceed the maximum Deferred Loan Amount as stated in Section VII-M, except in the cases of Accessibility deferred Loans as discussed in Section XI of these Procedural Guides. Disbursement of Funds The HRA shall .bear the responsibility of disbursing funds to contractors who have performed work as de- scribed in the Improvements Certificate. -11- The HRA shall make no disbursement for any work complet- ed until the property has been inspected and a Comple- tion Certificate has been signed, according to the procedures set forth in Section IX of these Procedural Guides. H. Prohibition of Service Fee Charges The HRA shall not charge an applicant or recipient any application, processing, or other fee. IV. Eligible Properties Deferred Loan Funds shall be used to enable Recipients to improve properties which meet the following .criteria. A. The property to be improved must not be in violation of applicable zoning ordinances. Properties being im- proved must constitute a permitted use or be subject to a conditional or special use permit under the applica- ble zoning ordinances including municipal, urban renew- al, and development district plans, which use or permit must not be impaired by the contemplated improvements. B. The property must. be located within the City, must be used primarily for residential purposes, and must contain no more than two dwelling units, one of them owner-occupied. Improvements can only be made to the owner-occupied section unless the improvement serves both units, such as a roof. C. The property to be improved must be a permanent-exist- ing structure.. That includes owner-occupied mobile homes located on land owned by the applicant. Trailers or mobile homes located on land not owned by the appli- cant are not eligible. D. No property shall be eligible for a Housing Rehabilita- tion Deferred Loan if it has been improved by an HRA authorized Deferred Loan within the five-year period immediately preceding the date on which application for such a Deferred Loan is made, except in extraordinary circumstances relating to damage to the property as a result of events beyond the control of the applicant or improvements directly related to health and safety concerns such as failure of plumbing, heating or elec- trical systems as determined by the HRA. In such circumstances, provided that funding is available, the borrower if still eligible can receive assistance limited to correcting the damaged or failed system(s) only. No other eligible work can be carried out until another 5 year period has elapsed, except in the ex- traordinary circumstances outlined above. Should a previous recipient have a need for additional improve- -12- ments and no other qualified persons apply, the previ- ous recipient would be considered for a Deferred Loan. V. E. The HRA will not accept or subrogate to a lien posi- tion, either at the time of repayment filing or during the life of the lien of a property that has previous mortgages, pledges or encumbrances exceeding the Esti- mated Market Value as determined by the Hennepin County Assessor's Office. Such security of lien position shall be verified prior to approval of the Deferred Loan application for processing. Improvement Standards Goals for Housing Rehabilitation Assistance have been estab- lished for each city included in the Urban Hennepin County Housing Assistance Plan (HAP). For the property to be counted toward meeting housing rehabilitation goals in the HAP, it must be determined to be substandard and upon com- pletion of rehabilitation must meet minimum Section 8 Exist- ing Quality Standards pursuant to 24 CFR,. as follows: A. Sanitary Facilities 1. Performance Requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. 2. Acceptability Criteria. A flush toilet in a sepa- rate, private room, a fixed basin with hot and cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or private disposal system. B. Food Preparation 1. Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. 2. Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: a cooking stove or range and a refrigerator of appropriate size for the unit and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. -13= Adequate space for the storage, preparation and serving of food shall be provided. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). C. Space and Security 1. Performance Requirement. The dwelling unit shall afford the borrower adequate space and security. 2. Acceptability Criteria. A area, and bathroom shall be dwelling unit shall contain or living/sleeping room of each two persons.. Exterior accessible from outside the able. D. Thermal-Environment living room, kitchen present: and the at least one sleeping appropriate size for doors and windows unit shall be lock- 1. Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal envi- ronment healthy for the human body. 2. Acceptability Criteria. The dwelling unit shall contain safe heating facilities which are in proper operating condition and can provide adequate heat to each room in the dwelling unit to ensure a healthy living environment. Unvented room heaters which burn oil or kerosene are unacceptable. E. Illumination and Electricity 1. Performance Requirements. Each adequate natural or artificial permit normal indoor activities health and safety of occupants. trical outlets shall be provide essential electrical appliances safety from fire. 2. Acceptability Criteria. shall include at least on wall type light fixture s ing in the bathroom and k electric outlets shall be the living. area, kitchen area. room shall have illumination to and to support the Sufficient elec- d to permit use of while assuring Living and sleeping rooms e window. A ceiling or hall be present and work- itchen area. At least two present and operable in area, and each bedroom -14- F. Structure and Materials 1. Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. 2. Acceptability Criteria. Ceilings, walls, and floors shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, .severe buckling or noticeable movement under walking stress,. missing parts or other serious damage. The roof structure shall be firm. and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious damage. The condition and equipment of interior and exterior stairways, halls porches, walkways, etc., shall be such as not to present a danger of tripping or falling. In the case of a mobile home, the home shall be securely anchored by a tiedown device which distributes and transfers the loads imposed by the unit to appro- priate ground anchors so as to resist wind over- turning and sliding. G. .Interior Air Quality 1. Performance Requirements. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. 2. Acceptability Criteria. The dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or ..other adequate exhaust ventilation. H. Water_Supply 1. Performance Requirement. The water supply shall be free from contamination. 2. Acceptability Criteria. The unit shall be served by an approved public or private sanitary water supply. I. Lead-Based Paint 1. Performance Requirement. The dwelling unit shall be in compliance with HUD Lead-Based Paint regula- -15- tions 24 CFR, Part 570, issued pursuant to the Lead-Based Paint Poisoning Prevention Act, 42 U.S.C. 4801. 2. If the property was constructed prior to 1978, the Family upon occupancy shall have been furnished the notice required by HUD Lead-Based Paint regulations and procedures regarding the hazards of lead-based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. Documentation of the applicant's receipt of the notice must be included in the file. 3. Acceptability Criteria. Same as Performance Re- quirement. J. Access 1. Performance Requirement. The dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties, and the building shall provide an alternative means of egress in case of fire. 2. Acceptability Criteria. The dwelling unit shall be usable and capable of being maintained without • unauthorized use of other private properties. The building shall provide an alternative means of egress in case of fire (such egress through win- dows). K. Site and Neighborhood 1. Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of the occupants. 2. Acceptability Criteria. The site and neighborhood shall not be subject to serious adverse environmen- tal conditions, natural or man-made, such as dan- gerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash, vermin or rodent infestation; or fire hazards. L. Sanitary Condition 1. Performance Requirement. The unit and its equip- ment shall be in sanitary conditions. -16- 2. Acceptability Criteria. The units and its equip- ment shall be free of vermin and rodent infesta- tion. 2. Eligible_Improvements Improvements made with Deferred Loan Funds shall satisfy the following requirements: A. Each improvement must be a Permanent General Improve- ment. Permanent General Improvements shall include such alterations, renovations, or repairs upon or in connection with existing structures, which correct defects or deficiencies in the property affecting directly the safety, habitability or energy consumption of the property. A Permanent General Improvement must be economically viable in terms of a determination that after the improvement is made: 1. The structure will have remaining useful life such that the amount of the Home Improvement Deferred Loan may be amortized over such life in an economi- cally prudent manner. Generally, the amount of the deferred loan should not exceed 50 per cent of the market value of the property as indicated on the property tax statement. 2. For the term of the repayment agreement, the lien • must be collectable. Thus, all existing mortgages, contracts for deed, and other encumbrances must not exceed the estimated market value as represented in the County Assessor's Office. 3. The structure will be reasonably livable, safe and habitable. Permanent General Improvements shall not include materials, fixtures, or landscaping of a type or quality exceeding that customarily used in the locality for properties of the same general type as the property improved. B. Each improvement must be made in compliance with all applicable health, fire prevention, building and hous- ing codes and standards. However, no application for a deferred loan shall be denied solely because the im- provements will not bring such property into full compliance. with all such codes and standards. Further, when work is done within the house, upom completion of the work, that entire system must meet applicable codes and standards; however, the entire structure may still contain other systems, on which no work was done, which are not up to applicable codes and standards. C. Deferred Loan funds may be used for the portion of improvements located on the property which will bring -17- an individual water supply system or an individual sewage disposal system (including septic systems) into compliance with local, state or federal environmental and sanitary standards provided no public utility service is available. Payment of applicable SAC charg- es are an eligible loan expense. D. No Deferred Loan Funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtedness, payment of public improvement assessments, and financing-the addition of luxury items (dishwashers, patios, fireplaces, etc.). All such funds must be used to finance improvements begun after application for such funds. No improvements are eli- gible if begun before the issuance of a Proceed Order by the HRA. E. All contracts covering all or any portion of an im- provement must contain an HRA approved warranty of workmanship and materials. F. Deferred Loan Funds must be used to finance only im- provements upon or in connection with existing struc- tures. Improvements may be made on attached or de- tached garages, providing those improvements are done in connection with similar needed improvements to the main structure. G. The HRA may approve special improvements only in the described circumstances indicated below: 1. Bedroom additions may be allowed in cases of severe overcrowding. For the purpose of this Program, a dwelling will generally be considered "overcrowded" if there is an average of more than one person per room (excluding bathroom) in the dwelling, or as otherwise approved by the HRA. 2. Bathroom additions may be allowed in cases of inadequate indoor bathroom facilities, only if no other space in the structure is appropriate for such facilities. NOTE: In cases of applicants with impaired mobility, request for room additions will be reviewed in compliance with Procedures for Deferred Loans including Accessibility Improvements, as out- . lined in Section XI. H. Demolition of outbuildings is allowed only when such clearance is required by the local housing or building code. Loan funded improvements cannot be limited to demolition only, except in circumstances determined as exceptional by the loan administrator. -18- I. Reconstruction of sidewalks and driveways is allowed only.. on private property and only if existing condi- tions are a clear and imminent safety hazard. J. Water drawn from a valid well must be potable (safe for drinking) and must be free of sand, grit or other -materials which might damage the pump or plumbing. Water need not be free from minerals which may make it cloudy, nor must it be free from odor. NO FUNDS WILL BE DISBURSED. BY THE HRA TO DIG A NEW WELL. It is an eligible improvement to connect a house to city water and/or sewer when conditions affecting the health of the residents are present or when required by law. K. Exterior finishing (painting or siding) is allowed only to the extent that there is severe deterioration of current exterior finishing. Exterior finishing re- quested solely for cosmetic purposes will not be ap- proved. L. Where property is not reasonably energy efficient, Deferred Loan Funds must be used to the extent neces- sary, to increase such efficiency. Energy saving features shall be consistent with the energy standards promulgated as part of the State Building Code but such improvements need not bring the housing into compliance with such energy standards. M. Smoke detectors must be installed in all dwellings being improved with Deferred Loan Funds, unless detec- tors are already properly installed. At least one detector is required on each level of the dwelling. unit. If a smoke detector. is already properly in- stalled, that must be reported on the Inspection Re- port. N. Where the house numbers are not present or are not installed to applicable city codes and ordinances,-they shall be installed properly. O. The installation, replacement or repair of cook tops., oven rages and refrigerators is eligible provided that it is absolutely necessary and consistent with Section V.B.2. P. CDBG Housing Rehabilitation Program Procedural Guides: Lead-Based Paint 1. Applicable to all clients: a. The use of lead-based paint in any structure rehabilitated with CDBG funds is prohibited. C -19- b. Inspection-and/or test results for all clients will be maintained for three years. 2. Applicable to clients whose properties were con- structed prior to 1978: a. All such clients will receive a copy of Lead- Based Paint Poisoning Notification." Upon receipt of this notification., the client will sign and date a form verifying receipt of this. information. 3. Applicable for clients whose house was constructed prior to 1978 and occupied by children under age 7: a. The administering entity must inspect for defective paint surfaces. Defective paint surfaces are defined as all exterior and inte- rior surfaces of residential structure where the paint is cracking, scaling, chipping, peeling, or loose. b. Defective paint conditions are to be included . in the inspection report and treatment of the defective areas must be included in the work write-up. (See TREATMENT/ABATEMENT Section.) 4. Applicable to all clients whose home was construct- ed prior to 1978 and .with a child under 7 and with an identified Elevated Blood Level condition: a. In order to receive any CDBG funds, the client must make a choice between the following two options: - 1) The lead content of chewable surfaces, which are all chewable protruding paint surfaces up to five feet from the floor or ground and which are readily accessible to children under 7 years of age (protruding corners, windowsills, frames, doors) will be tested using an x-ray fluorescence analyzer (XRF) or another HUD approved method. Test readings of l mg. cm2 are considered positive for the presence of lead-based paint. If lead-based paint is present, all interi- or chewable surfaces in any affected room shall be treated. Where exterior chewable surfaces are found to contain lead-based paint, the entire exterior chewable surface shall be treated. Treatment of any lead- -20- based paint will be~included in the work write-up. Testing and treatment for lead- based paint (see TREATMENT/ABATEMENT) is an eligible loan expense. Treatment of defective areas shall be completed before the final inspection and approval of work. Lead-based paint and defective paint debris shall be disposed of in accordance with applicable federal, state, or local re- quirements. 2) In lieu of testing for lead-based paint, all interior surfaces and all exterior surfaces shall be treated. Treatment is an eligible loan expense and will be completed before the final inspec- tion and approval of work. 5. Treatment/Abatement of lead-based paint: a. The work write-up shall include either a cover- ing or a removal method approved by HUD. Covering--adding a layer of gypsum wallboard or fiberglass cloth barrier. Permanently attached non-strippable wallpaper. Covering or replac- ing trim surfaces. Removal--accomplished by scraping, heat treatments (infrared or coil- . type heat guns) or chemicals. METHODS NOT ALLOWED: Machine sanding and use of propane torches, washing and repainting without thorough removal or covering. VI. Eligible Recipients Applicants must meet all the requirements set forth in these Procedural Guides. A. Ownership 1. The property to be improved must be the borrower's principal place of residence (i.e., for nine months in any twelve month period), and the borrower must have a qualifying interest in the property although that interest may be aggregated with the ownership interest of other individuals occupying the proper- ty as their principal place of residence. A quali- fying interest shall consist of: -21- a. A valid life estate. Such life estate must be recorded .and must appear in the records of the County; or b. A one-third interest in the fee title. Such interest may be subject to a mortgage; or c. A one-third interest as a purchase in a con- tract for deed in the property to be improved. Such contract for deed-must be recorded and must appear in the records of the .County. 2. All individuals having an ownership interest in the property to be .improved must sign the Repayment Agreement, except in the case of a Life Estate where only one-third of the remaindermen need sign. 3. Ownership shall be based on the information record- ed in the appropriate County Recorder's Office. 4. The borrower must be current on contract for deed payments, mortgage payments and property .taxes on the property to be improved. If any of these payments are in arrears, they must be made current before the application can be approved for funding. If the applicant is delinquent on any of these above-mentioned payments or taxes, the loan may only be given if the applicant is current on a payment schedule with the appropriate agency. B. Household Gross Annual Income 1. Borrowers must have a household gross annual income at or below 50 percent of the Area Median Income for the household size (also known as Section 8 Very Low Income). Borrowers applying for an accessibility loan must have a household gross annual income at or below 80 percent for the household size. Hennepin County will notify the administering entities of applicable. income limits by household size; it will, however, be the re- sponsibility of the administering entity to ensure that the changes in income limits are implemented properly. It should be noted that there are no adjustments to income under the Section 8 Very Low Income Limits. The $1,000.00 per resident deduction is no longer applicable. Gross annual income is defined as the gross annual income, from all sources before taxes or withhold- ing, of all individuals living in the housing unit for at least nine~(9) months of any twelve-month period and who do not pay rent. -22- The administering entity should be aware that non- recurring types of income should be included as assets rather than as income. Items for inclusion under this category may include a single gift of cash from a party or parties, cash sales of proper- ty, receipt of one-time survivor benefits, etc. A one-time sale of stock does not count as income, but rather the proceeds are counted as assets. 2. Gross annual income includes: a. Any public assistance,. including, but not limited to: welfare, AFDC, SSI, and unemploy- ment compensation. b. Salaries (including commissions, bonuses, overtime pay and tips). c. Alimony and/or child support.. d. Interest and dividends. e. Pensions and annuities, include PERA and social security. f. .Rental income, farm rental income. g. Estate or trust income. h. Business profit--.for self-employed individuals, including farmers and child care/baby-sitting. i. Gains from the sale of property. j. Payment received from properties being sold on contracts for deed. k. Partnership. 1. Personal and/or business loans. m. Miscellaneous income (including recurring gift .from a party or parties). 3. Gross annual income shall be based upon annualized weekly or monthly income as of date of verifica- tion. C~ 4. In cases where the gross income of the applicant's household is extremely low, the applicant must produce written verification of the household's monthly expenditures, clearly itemizing the amount of money and its source, on all of, but not neces- sarily only, the following applicable items: -23- mortgage, contract for deed, insurance, loans, income and property taxes, ,transportation expense, charge accounts, health costs, food, utilities, clothing and entertainment. These expenses shall determine the household maintenance income. 5. Any income determination which results in a net LOSS of income must be considered as $0 income. That is, an income loss from one source may not be subtracted from a separate source of income for the purpose of determining total household gross annual income. 6. Any educational grants, including VA benefits, which are paid directly to the individual must be included as income. Grants or scholarships which are paid directly to an educational institution are not included as income, nor are educational loans. 7. Projected bonus and/or overtime will be determined by the loan administrator through contacting an employer. The amount may be based prior to years figures or average amounts awarded to other employ- ees with the same status. The most recent IRS tax return may also be used for these purposes. 8. Self-employed persons must submit signed copies of IRS tax returns, as sent, for the previous two years. Applications processed before April 15 of any given year may use the IRS tax returns from the second and third preceding years if that for the first preceding year is not available. Applica- tions processed after April 15 of any given year must use the IRS tax returns from the first and second preceding years. The administering entity will determine gross annual income by averaging the income from the two submitted returns. Normal out- of-pocket business expenses such as office rents, telephone, etc., are generally deductible items. Property or equipment depreciation and entertain- ment are not deductible. 9. Individuals who have been self-employed for less than two years must submit a properly prepared cash basis Profit and Loss Statement detailing the business income and expenditure. Ideally, the Statement should be prepared and signed by a CPA, although the applicant may prepare it him or her- self provided that it is accompanied by a decla- ration that all information contained in the State- ment is accurate and complete and that the appli- cant is aware that any errors or evasions may result in prosecution. If the individual can produce a signed IRS return for one complete year -24- of self-employment and a Profit and Loss Statement for the subsequent period, that will be acceptable. 10. Income from rental properties, including rents from the property to be improved, shall be included in gross income. Expenses allowable for deduction for rental purposes include a proportional share of mortgage principal and interest payment, utilities, taxes, insurance, and. maintenance. In no event shall such deductions exceed gross rental income. 11. The Calculation of Gross Annual Income may not be based on a temporary condition such as unemployment or temporary workers' compensation benefits. If unemployment recurs on a regular basis, Gross Annual Income shall include the sum of wages and unemployment compensation expected to be received by the household in the coming year. If workers' compensation is permanent income, it must be veri- fied by the insurance company. Gross Annual Income may not be based on temporary nonrecurring employment of known duration, such as layoffs, maternity leave, sabbatical leave, etc. Rather, income shall be calculated based on the normal Annual Income of the temporarily unemployed person. Application of those who are unemployed for an unknown period of time shall not be considered until the unemployed household member has exhausted all eligibility for unemployment compensation and the employer indicates a callback date is unknown. C. Deductions From Gross Income The following items must be acknowledged. as income but can be discounted as qualifying income. 1.; Personal loans which must be repaid at a later date (a copy of the loan agreement/payment schedule must be included in the file). 2. Alimony or child support payments to individuals not residing permanently in the property to be improved (a copy of the pertinent section of the :divorce decree must be included in the file). 3. The income of any resident under the age of six- teen. n U -25- s D. Asset Determination 1. "Gross assets" for purposes of itation Deferred .Loan program. the current market value of an existing indebtedness on that of the Housing Rehabilitation Program, assets include: a. Cash on hand. b. Cash in checking accounts. the Housing Rehabil- shall be defined as item listed minus item. For purposes Deferred Loan c. Cash in savings accounts, including accounts held in trust. d. The cash value of life insurance policies. e. The cash value. of life securities, bonds, mutual funds, IRAs, etc. f. The current market value of all interest in real estate, not including the structure to be improved and a parcel of real property of not more than two (2) acres on which the structure is located. Included in this determination is any land in which any resident of the house- holds holds title or is selling on Contract for Deed. The value of the Contract for Deed property shall be defined as 100 per cent of the outstanding balance on the contract at a time twelve months following the date of income and other asset verifications. The dollar amount, the difference between the outstanding balance at the time of verification and the outstanding balance twelve months later shall be included as household income. g. All other property, exclusive of household furnishings, clothing, and one vehicle. This section includes but is not limited to: business equipment, farm equipment, boats, snowmobiles, motorcycles, farm stock and addi- tional vehicles. h. If the applicant owns a business, in full or in part, and that business is incorporated, then the business equipment is not a personal asset. If the business is not incorporated, the busi- ness equipment is then considered a personal asset. r~ L The value of the ownership of the business by the applicant is a personal asset. If the -26- applicant owns less than 100 percent of the - business, written notarized proof of the per- cent of ownership must be provided by the applicant to the Deferred Loan Administrator. 2. Borrower's Asset Limit: The gross assets of the borrower excluding the residential property to be improved, shall not exceed 525,000 except in those instances where up to 50$ of the borrowers annual gross income is derived from interest earning assets.. In such. cases the asset limit may be raised to 535,000. VII. Deferred Loan Package In order to assist in the monitoring of individual loans, file folders shall be divided into two parts. The right- hand side of the file folder shall contain,. in chronological order, all correspondence, memos to the file, any photo- graphs, all unused bids, a copy of the filed Repayment Agreement (item T), 'and any .other relevant documentation including, if necessary, the Complaint Record (item U). The left-hand side of the file folder shall contain (either front to back or back to front) the documents (identified as items A through S) in the following order: A. Homeowners Application for. Loan B. Individual Data Confidentiality C. Lead Based Paint Poisoning D. Income Verification E. Asset Verification F. Mortgage Status Verification G. Zoning Status Verification H. Title Verification I. Property Inspection Report J. Scope of Improvements K. Rehabilitation Work Summary/Improvement Certificate L. Contractor Bids M. Work Contract N. Amendment Request Certificate O. Contractor Bills P. Completion Certificate Q. Sworn Construction Statement. R. Lien Waivers S. Data On Individual Loans The following is a brief description of each required document. A. Homeowner Application for Deferred Loan This applica- tion shall be completed in full and signed and dated by the Applicant. -27- The Homeowner Application for Deferred Loan provides: 1. Household Information 2. Income Information 3. Assets Determination 4. Property Information B. Property Inspection Report 1. A copy of the initial inspection report must be included in the Deferred Loan Package. Report forms must include the following items: a. General condition of the structure. b. Structural soundness. c. Plumbing systems including: water supply, waste disposal, fixtures and piping system. d. Electrical system. e. Heating system. f. Roof. g. Energy efficiency including: insulation, infiltration, windows, doors and ventilation. h. General exterior conditions. i. General interior conditions. An explanation should be provided for any deficien- cy which appears on the inspection report but does not appear on the Rehabilitation Work Summary for correction. The inspection report must be signed and dated by the inspector performing the inspection. 2. Major infractions of the city building codes con- stituting a health and/or safety hazard or serious- ly diminishing the habitability of the residence will be noted and explained to the applicant. The applicant will be required, as a condition of funding, to contact the City Building Inspector to establish that repair of these major infractions is • within the scope of available monies. A copy of the City Building. Inspector's written report must be included in the file. If it is determined that -28- the cost of necessary repairs exceeds the available monies, then the loan application will be with- drawn. C. Scope of Improvements and Work Proposal This listing of all eligible improvements should be kept on file in case the borrower requires additional copies. At least three copies will be sent to the borrower along with a mandatory cover letter encourag- ing the consideration of minority or women-owned con- tractors as potential bidders and including information on how to access such contractors. A copy of this letter must also be included in the file. The.Scope should allow contractors the opportunity to submit alternates or amendments to work items; however, funding of any such alternate or amendment is dependent upon the existence of a second bid for the same alter- nate or amendment. The Scope must also contain an explanation of the bidding procedures, contract proce- dures, contract amendment procedures, completion proce- dures and payment procedures. D. Contractor Bids The borrower shall be encouraged to obtain three bids for each authorized improvement. A minimum of two bids will be accepted. Bids must be obtained from each contractor performing work. on the residence. All bids must conform to the minimum standards of the technical specifications. (The unused bids should be kept on the right hand side of the file folder.) E. .Work Contract Work shall be completed within the time frame specified on the Work Contract. The Deferred Loan Administrator may grant an extension under unusual circumstances. This extension must be in writing with a copy given to the homeowner and contractor. F. Income Verification All sources of income listed on the Homeowner Applica- tion for Deferred Loan must. be verified by the Deferred Loan Administrator. EVIDENCE OF SUCH VERIFICATION MUST BE INCLUDED IN THE DEFERRED LOAN PACKAGE. The follow- ing is a list of acceptable forms of income verifica- tion evidence: 1. Written verification from employers or other income providers. • -29- 2. Copies of four recent checks or check stubs, which must includre the year to date earnings. 3. IRS forms only in the case of self-employed indi- viduals (see Section VI). 4. Statements of deposit from bank. 5. Copies of deposit slips indicating the deposits of a particular check. 6. Income derived from rent must be verified by the renter in writing or by examining copies of checks or rent receipts. The date of document used in verifying income may not be more than 90 days previous to the date of approval. If it is more than 90 days old, income must be reverified before a loan application can be approved. G. Asset Verification All assets listed on the Homeowner Application for Deferred Loan must be verified by the Deferred Loan Administrator. EVIDENCE OF SUCH VERIFICATION MUST BE INCLUDED IN THE DEFERRED LOAN PACKAGE. The following is the only acceptable form of asset verification evidence: 1. Written verification from banks, insurance compa- nies or other asset holders. 2. Copies of bank statements, insurance policies, premium notices and like. The date of document used in verifying assets must note be more than 90 days previous to the date of approval. If it is more than 90 days old, assets must be reverified before a loan application can be approved. H. Individual Data Confidentiality. The applicant's rights as a subject of data are fully described in this form. This form is given to the applicant, and not retained for the grant package. The file should, however, include the receipt portion signed and dated by the applicant. I. Title Verification Form 1. The Deferred Loan Administrator must obtain the following information from the County Record- . er/Registrar of Title regarding each property: -30- a. The full name of all owners of record, includ- ing first name, last name, middle name or initial and additional names which may appear in the records, such as maiden names, exactly as they appear on the title. b. A determination of the system under which .the property is recorded--either Torrens or Ab- stract. 2. Upon obtaining this information, the Deferred Loan Administrator must determine that the applicant, individually or in the aggregate, have a qualifying interest in the property consisting of at least: a. A valid life estate. Such life estate must be recorded and must appear in the records of the County; or b. A 1/3 interest in the fee title. Such interest may be subject to a mortgage; or c. A 1/3 interest as a purchaser in a contract for deed with respect to the structure being im- proved. 3. In addition, the applicants must occupy the proper- ty as their principal place of residence. To consider a property as one's principal place of. residence, an individual must: a. Reside in the property at the time of applica- tion (except where extraordinary circumstances have made the property temporarily uninhabit- able); and b. Occupy the property for at least nine (9) months of the year. J. 4. For the purpose of complying with ownership re- quirements, the borrower may aggregate his/her interest in such property with the ownership inter- est of other individuals occupying the property as their principal place of residence. Mortgaae_Status Verification The Deferred Loan Administrator must ensure that the mortgage(s) and/or contract(s) for deed on the property to be improved are current. If payments are in ar- rears, the applicant must be given four weeks to make them current. C~ -31- The date of the document used in verifying es and/or contract for deed may not be more days previous to the date of approval. If than 90 days old, the mortgage status must reverified before a loan application can be K. R~ayment _Agreement the mortgag- than 90 it is more be approved. The Repayment Agreement must be included in the De- ferred Loan Package and should be located on the right- hand side of the file. 1. As specified in the provisions of the Repayment Agreement, the borrower shall be required to notify the HRA immediately upon the sale, conveyance, assignment, lease, transfer, or cessation of resi- dency of the property. a. Payment is required within 30 days of the date of transfer. b. Payment not made in 30 days is penalized by charging an interest rate on the loan principal (commencing on the 30th day after date of transfer). The interest rate shall be the one ~_ percent over the prime rate, as published in M the Wall Street Journal, on the first working day after 30 days since the sale or transfer. 2. Each Deferred Loan shall be subject to an Agreement for Repayment which provides-that in the event that the property upon which the improvement is located is sold, conveyed, assigned, leased or transferred, or in the event that such property ceased to be the borrower's principal place of residence. Within 30 years of the date upon which the Deferred Loan Package was approved, then the borrower shall repay (and the HRA shall have a lien to the extent per- mitted by law on the property as security for such repayment), the full amount of the Deferred Loan as detailed in the filed Deferred Loan Agreement. After the end of the 29th year of receipt of loan, the lien is satisfied and no repayment is required. 3. The HRA must exercise extreme care in the execution of the Repayment Agreement document to ensure that the lien is valid. Any inaccuracy or omission may have a negative effect on the validity of the lien. 4. If the economic status of an heir to an encumbered property is found to be sufficiently low by the lender (and the heir can demonstrate having taken permanent residence at the improved property), the heir could assume the existing property lien that -32- resulted from the filing of the original Deferred Loan Agreement. In the judgement of the HRA, the conditions .that apply which would constitute an economic status of an heir to allow such an assump- tion, are: a. The maximum unadjusted income of the heir(s), as determined according to those procedures outlined in these guidelines, shall not exceed those incomes (per family size) as determined by a percentage of the Standard Metropolitan Statistical Area (SMSA), Median Family (family of four Income as follows: Family Size $ of SMSA Median Family Income 1 43$ 2 46 3 49 4 52 5 55 6 58 7 62 8 65 An example of how this works follows: • Percentage Heirs Present of $31,600 Qualifying Grant Family Median Family Income Recipients Size ---- Income (1984) ------------- (1984) ------ Income (1984). ------------- 1 43$ $13,588 $13,500 2 46 14,536 14,500 3 49 15,484 15.,500 4 52 16,432 16,500 5 55 17,380 17,500 6 58 18,328 18,500 7 62 19,592 19,500 8 65 20,540 20,500 The percentage figures were determined by taking normal adjustments for family size to current maximum adjusted income limits for the program, $12,500, and dividing that into the current. median family income figures for the metropolitan area, $31,700. Use of these percentages in combination with future median income figures should result in an income level comparative to that used as an eligible income today. • -33- b. If the heir is found to be income eligible according to the above conditions, an amendment will be executed to the Deferred Loan Agreement (as agreed upon by the recipient heir) fixing the date of sale of the property or fixing the date on which the loan shall be due and payable in the absence of a sale. Such dates shall not. exceed the original 30 year loan term specified in the original agreement. The heir's respon- sibility for loan satisfaction ends after the .29th year of the original term and no repayment is required. 5. The HRA will not accept or subrogate to a lien position, either at the time of repayment filing or during the life of the lien of a property that has previous mortgages, pledges or encumbrances, exceeding the Estimated Market Value as Determined by the Hennepin County Assessors Office. Such security of lien position shall be verified prior to approval of the Deferred Loan application for processing. Prior to the submission of the Deferred Loan Pack- . age for funding approval, the HRA should ensure the completion of the following sections of the Repay- • ment Agreement only: a. Property Description The property description must be clear, legi- ble, accurate and complete. Care must be taken to ensure that the description is exactly as it appears in the property records. If the appli- cant owns property other than that on which the structure to be improved is located, only the description of the property on which the struc- ture is located should be included. b. Signatures The record names (the names exactly as they appear in the property records) must be used by all whose signatures are required. The following is a brief discussion of the signatures required under particular property ownership situations: (1) Any JOINT TENANCY -- signatures ,of all joint tenants are required. (2) Property held by ONE SPOUSE -- signatures of BOTH spouses are required. -34- (3) Property held in LIFE ESTATE -- signatures of the applicant (life estate holder) and ~. signature of sufficient remaindermen to comprise at least 1/3 interest. (Example: if there are 12 remaindermen in title, the signatures of four of them are required to comprise 1/3 interest, assuming equal interest for all). c. (4) Property being purchased on CONTRACT FOR DEED -- signatures of the applicant and all individuals who are aggregating their interest to meet the ownership require- ment; and the fee title holder (and spouse or others, as applicable) of the Property; and the signatures of any intervening vendees of the Contract for Deed. Notarization of Signature (1) All required signatures must be notarized, including the "mark of a signature who is unable to write (such a mark must be witnessed by at least two persons other .than the notary). Additional acknowledg- ments may be added to the Repayment Agree- ment form to accommodate any necessary notarizations. (2) All dates (except those in the notary's acknowledgments) in the Repayment Agree- ment shall be left blank at the time that. the Deferred Loan Package is submitted. The HRA has three options with regard to ob- taining the signature of the homeowner on the Repayment Agreement. It is recommended that the Deferred Loan amount in the Repayment Agreement be left blank at the time the Deferred Loan Package is approved. This allows the HRA flexibility with regard to Amendment Requests by not requiring a new agreement to be signed should the Deferred Loan amount change upon completion of the work. The HRA may accept the document with the maxi- mum Deferred Loan amount in place, recognizing that upon completion of the Deferred Loan should the total of the work not equal the maximum Deferred Loan amount exactly, a new document must be executed. -35- If the homeowner refuses to sign a blank repay- ment agreement and also refuses to sign a repayment Agreement indicating the maximum. Deferred Loan amount, the Deferred Loan Admin- istrator shall require that the borrower sign the Repayment Agreement which has the total of the selected bids inserted as the Deferred Loan amount. The Deferred Loan Administrator shall, in writing inform the borrower and all selected contractors that no amendments to the Deferred Loan amount-.will be approved without first obtaining a signed repayment agreement indicat- ing the altered Deferred Loan amount. The Repayment Agreement shall be filed with the proper recording office, i.e., the Registrar of Deeds or Registrar of Titles for Hennepin County, in such a manner as to create a valid lien against the property, on all properties improved with Deferred Loan funds, provided that the creation of such a lien is permitted by law. It is the responsibility of the HRA to record this agreement with the proper recording office after the improvements are completed. If .any Deferred Loan funds are used for purpos- es other than an eligible improvement upon eligible property or if the Borrower's applica- tion is found to contain a material misstate- ment of fact, the Borrower shall be liable for repayment of all or part of the originally approved Deferred Loan funds in accordance with the remedies contained in the Improvements Certificate. In addition, any fraudulent use of funds may subject the recipient to fines and/or imprisonment under the Minnesota Crimi- nal Code. L. Emergency Deferred Loan Approval T.he Deferred Loan Administrator will notify the homeowner that an emergency approval has been given to proceed with the stated work to correct the emergency situation at the house, indicating the approved con- tractor and costs. M. Improvements Certificate The Deferred Loan administrator in conjunction with the borrower, determines the work to be done with the funds available. If the borrower disagrees with the adminis- tering entity's choice of improvements, items may be waived by the borrower, in writing at the discretion of the administering entity. -36- 1. This form lists the work approved to be done by item and by contractor performing, and a breakdown of costs by item and contractor. 2. `The total of the cost for work to be performed shall be listed where indicated. The maximum deferred loan amount shall not exceed the lesser of -15,.000.00; or -The actual cost of the work performed. EXCEPT in the case of accessibility improvements for handicapped individuals, where the maximum deferred loan amount may be $20,000.00 for improve- ments which increase the accessibility. of the property to handicapped individuals. An applicant's willingness or ability to apply for a loan from any source, regardless of terms and conditions, to be used in conjunction with or to supplement Deferred Loan Funds shall not under any circumstances be a condition for a deferred loan. The amount of funds received from other sources shall not reduce the permissible amount of the Deferred Loan. N. Data on Individual Deferred Loans Regardless of the manner in which documents A through R are placed in the file, when the loan is closed out, this form should be at the front of the file on the left hand side. The Deferred Loan Administrator is required to complete this form for each Deferred Loan Package which provides information pertaining to envi- ronmental assessment, historical preservation, Section 8 Quality Housing Standards, and census tract data, and household size and annual income. O. Proceed_To.Work Order The Proceed Order is part of the Work Contract and gives the authorization for the work to begin. P. Amendment Request Certificate The form outlines all changes in the approved Deferred Loan amount, either additions or subtractions, by each contractor. It must be signed by the contractor and the borrower and approved by the Deferred Loan Adminis- trator. A revised bid must be attached. Every effort must be made to keep Amendment Requests to a minimum. The use of excessive Amendment Requests tends to -37- . indicate failures in either the Property Inspection Report and/or the Scope of Improvements and this in the. administration of the program itself. Since Housing Rehabilitation is not an exact science, however, it is appropriate to use amendment requests as a means of dealing with unforeseeable problems. Q. Contractor Bills Bills must be obtained from each contractor performing.. work on the residence (in other words, a general con- tractor can submit bills on behalf of a subcontractor). Bills must be provided for all payments, interim or final. R. Completion Certificate This form should be signed by the borrower and the contractor when the Deferred Loan work undertaken by the contractor is completed. If the work .requires a building permit, or if code work is involved, .then the relevant Inspector should sign in the space provided. If the approval of more than one Inspector is required, then copies of the Inspection Notice(s) should be attached. The Completion Certificate must always be accompanied by a bill for the work done. For procedures in the event of a homeowner refusing to sign a Completion Certificate, see Section IX. S. Complaint Record (Optional) This form should be used to document complaints, by homeowners and/or contractors, which are not resolvable by the Deferred Loan Administrator to the satisfaction of all three parties, or when the resolution will require a lengthy process. This form should also be used to document any com- plaints brought to the attention of the Deferred Loan Administrator, pertaining to the administra- tion/implementation of the program and the response of the Administrator to the Complaint. T. Acknowledgment of Data Confidentiality This form must be signed by all contractors at time of bidding to ensure that contractors are aware of the confidentiality of the applicant, and treat all such information as private. • U. Entry Permit -38- V. W. X. Y. Z. The form must be signed by prior to inspection of the inspector. The form, when permits inspection of the pose of determining eligib by Deferred Loan funds. Zoning Verification the Deferred Loan Applicant • property by a city/HRA signed by the applicant, property for the sole pur- Le improvements to be funded This form, signed by authorized zoning representatives of the citg, verifies that the property to receive the Deferred Loan is in compliance with the city's zoning ordinance. Sworn Construction Statement Any firm or individual contracted to perform work on the residence must submit a Sworn Construction State- ment along with the bill before any payment, interim or partial, can be released. The Sworn Construction Statement must list in all subcontractors and/or suppl- ier's contributing to the work for which the bill is being submitted and must be signed by the contractor holding the Work Contract. The contractor's signature must be notarized. The purpose of this form is to ensure that the contractor holding the Work Contract is liable for any failure to pay subcontractor's/sup- plier's involved in the project. Lien Waivers A copy of all lien waivers referred to in the Sworn Construction Statement, plus the lien waiver from the contractor holding the Work Contract, must be included in the file. The original lien waivers, which must be secured before any payment is released, are to be passed onto the borrower following closeout of the file. Lead Based Paint .Poisoning The file must contain a signed and dated receipt from the applicant, acknowledging that the HUD-approved information on the dangers of Lead-Based Paint Poison- ing has been received. Adverse Claim This document must be signed by the Executive Director of the HRA. It allows Repayment Agreements to be filed against Torrens property without the Owner's Duplicate Certificate of Title. This document is to be used only in instances where a homeowner either refuses or is unable to supply the Owner's Duplicate Certificate of Title to the Deferred Loan Administrator. • -39- AA. Amendment to Deferred Loan Agreement This document applies to properties being purchased on a contract for deed. If a vendor should retake posses- sion of the property due to default, the document allows the vendor to repay the loan in monthly install- ments rather than in a lump sum. VIII. Acceptance Procedures A. Review of Deferred Loan Packages 1. The HRA will process applications using the first come, first serve selection criteria established by the HRA as required in Section III-C of these Procedural Guides. The HRA objectives are to encourage necessary improvements whereby the structure will. be reason- ably livable, safe, habitable and energy efficient. 2. Applications will be accepted as follows: a. Applicants must submit their request for a Rehabilitation Deferred Loan on a Richfield HRA Deferred Loan application form. It should be submitted to the HRA office. b. The HRA will review the individual packages using the qualifications as .outlined in Section VI. Deferred Loan Packages shall be processed and funded provided they contain all of the documents listed in Section VII of these Proce-. dural Guides. The HRA may return unacceptable packages for correction and resubmission, or may hold them until the necessary information is provided after notification of same to homeowner. If the necessary information is not provided within a reasonable amount of time, the appli- cation may be withdrawn and the file closed out. c. Any applicant who is denied funding may reapply after 90 days and be reconsidered on the basis of new information. d. The decision of the HRA staff will be final; however, appeals may be made in those cases where applicants believe they were not treated equitably. Appeals shall be in written form • and submitted. to the Deferred Loan Administra- tor in the city outlining the applicant's -40- concerns. The appeal shall be following manner: (1) A committee of HRA staff appeal. If a solution by reached, the case will be Executive Director of the evaluated in the • sill evaluate the the staff is not referred to the HRA for review.' (2) A reply in .written form to the appeal will be sent to the applicant within 15 days. (3) If the applicant wishes to appeal further, the appeal will be forwarded to the HRA Commissioners for a final determination at their next scheduled meeting. (4) If, after this review process disagreement is still evident, the HRA should contact Urban Hennepin County to mediate the situation so as to eliminate potential confrontations between the HRA and the applicant. B. Notification of Ineligibility 1. If the applicant or the applicants dwelling is determined to be ineligible, the HRA must notify the applicant of that denial, :in writing, within five days of the denial indicat- ing the reason(s) for denial and outlining the appeal process as stated above. C. Loan Approval Upon approval of a Deferred Loan Package, the HRA must notify the applicant and selected contractor of that approval. A Proceed Order for each approved loan indicating .the name of the recipient and the approved dollar amount of the Deferred Loan, will be sent to both the applicant and homeowner. a. Receipt of such notification will signify authori- zation for the immediate commencement of .work on the properties represented by the specified De- ferred Loans. b. The Repayment Agreement for each approved Deferred Loan will be temporarily held by the Deferred Loan Administrator. The repayment Agreement will have been executed by the HRA and dated according to the date on which the Deferred Loan Package was ap- proved. IX. Completion and Disbursement Procedures • -41- A. Completion Procedures • No .Deferred Loan will be considered complete until the following steps have been accomplished: 1. Inspection of the Property - All improvement work, as specified in the Improvements Certificate must be inspected for completeness, conformity to speci- fication and quality of workmanship. The HRA must require completion or correction of any item .found lacking. Failure of a contractor to comply with such a request for completion or correction of work may be considered grounds for the HRA to withhold all or part of the payment due to the contractor. 2. Completion Certificate - Following the final in- spection and successful completion of work, the Completion Certificate must be signed by the Bor- rower, all of the contractors who performed work on the property, and by the Inspector of the property, and the Deferred Loan Administrator. In the event that the homeowner will not sign the Completion Certificate, payment can be issued to the contrac- tor provided that the contractor, the Inspector, and the Deferred Loan administrator all sign the Completion Certificate indicated that the work was done properly and a letter written by the Deferred Loan Administrator is attached outlining in detail the situation resulting in the recipient refusing to sign the Completion Certificate and confirming proper completion of work. 3. Recording of the Repayment Agreement - The Deferred Loan Administrator must insert the final amount of the Deferred Loan in the Repayment Agreement and check the document for completeness and accuracy. The Repayment agreement must then be recorded by the Deferred Loan Administrator with the Registrar of Deeds or the Registrar of Titles of Hennepin County. NOTE: For property registered according to the Torrens System, the Repayment Agreement must be accompanied by Owner's Duplicate Certificate of Title at the time of recording. Also, documents recorded on Torrens property are not returned to the person requesting the recording. Therefore, the deferred Loan Administrator must either retain a copy of the agreement prior to recording and obtain the recording information (Document number) from the Recorder, or must obtain a Certified Copy of the document after recording. -42- If a borrower is unable or unwilling to provide the • Owner's Duplicate of Title an Adverse Claim form may be used to file the document. See Section VII. Following recording, the Deferred Loan Administrator shall provide a copy of the recorded Repayment Agreement and lien waivers to the Recipient. B. Disbursement Procedures 1. No disbursement of funds shall be made until the HRA is in receipt of: a. A completion certificate signed. by the contrac- tor, homeowner and Inspector, except as in A. 2 above; and b. A bill from the contractor for the amount of the work performed; and c. A properly completed Sworn Construction State- ment; and d. Lien waivers provided by the contractor/ sub- contractor(s)/Supplier(s) for the amount of the work performed. 2. Progress Payments to Contractors Partial payment may be made to contractors for a portion of work completed under the contract. A hold back equal to ten percent (10$) of the value of the work completed will be required for each progress payment to a contractor. Items a-d above must be obtained before release of a progress payment. The 10$ hold back amount will be included in the final payment to the contractor. 3. The HRA shall obtain a bill from each contractor. -:Invoices must be received by the 1st. Friday of every month to insure payment within that month. The bill may then be paid to the contractor using funds from the HRA special revenue fund. To be reimbursed by Hennepin County, the HRA must forward to the County the following: a. Signed Completion Certificates and all Amend- ment Requests. b. Data on Individual Deferred Loans. (A new form must be sent with additional invoices if the loan amount changes). c. Contractor's Invoice (bill). • -43- • d. HRA's proof of payment to contractor (HRA check). e. Summary of Project Disbursement Sheet. f. Signed Warrant Request. Submit only copies of items a. through d.' The originals must remain in the applicants files with the administrating entity. If more than one war- rant request is processed for a borrower, a New Data or Individual Loan form must be submitted to reflect the total loan amount. 3. Administration costs for housing rehabilitation should be billed directly to the project not gener- al administration. 4. Housing rehabilitation funds must be drawn down from the earliest program year with remaining funds regardless of which Deferred Loan expenses are being reimbursed. 5. All program income generated from housing rehabili- . tation (i.e., repayments) must be returned to Hennepin County. • 6. Submit only copies of items a. through d. The originals must remain in the applicant's file. 7. Hennepin County will then issue a check to the HRA to be deposited into the HRA special revenue fund.. X. Post Construction Issues A. Construction Problems Arising After Completion In the event the HRA is notified of a problem arising after completion of the loan, additional loan funds can be made available to the borrower if: -applicable warranties have expired; or -the contractor is no longer in business or refuses to make corrections; and -if failure to make repairs will cause property damage or create health and safety concerns; and -the borrower is still income qualified. Alternately, on a case by case basis for income qualified households, adjustments may be made to the lien amount based on the cost of correcting the deficiency. -44- B. Bankruptcy Cases and Foreclosures The HRA's legal counsel will be notified immediately upon • receipt of any bankruptcy or foreclosure notice. Legal counsel will recommend appropriate action on a case by case basis. XI. Emergency Deferred Loan Guidelines A. The HRA may authorize an.Emergency Deferred Loan for providing rehabilitation funds to eligible applicants under emergency situations. Specific emergency situa- tions are defined below. B. The Emergency Deferred Loan application process, within a very short response time, informally assembles all required information, verifies the information, re- ceives required signature on forms, and authorizes loan financing. Verbal verifications and bidding often occur to prevent delay. The Emergency Deferred Loan package will be completed in a permanent, written form as soon as possible following loan approval and initia- tion of work. C. The following conditions shall apply to an Emergency Deferred Loan: • 1. The applicant, property, and improvements must be acceptable under the eligibility guidelines as stated in Section IV, V, and VI. 2. The following forms must be completed and included in the Emergency Deferred Loan Package when submit- ted for approval: a. Homeowner Application for Deferred Loan b. Property Inspection Report (limited) c. Scope of Improvements (limited) d. Contractor Bids (phone quotes acceptable) e. Asset Verification (phone verification accept- able) f. Individual Data Confidentiality g. Title Verification h. Mortgage Status Verification (phone verifica- tion acceptable) -45- • i. Repayment Agreement j. Emergency Deferred Loan Approval k. Improvement Certificate 1. Data on Individual Grants and Loans m. Work Contract n. Acknowledgment of Data Confidentiality o. Entry Permit p. Zoning Verification 3. It can be verified in a manner acceptable to the HRA that an emergency condition exists such as: a. The dwelling unit contains defects or deficien- cies which, if left uncorrected, would render the unit immediately uninhabitable; or that b. Such defects are the direct result of occur- rences which include, but are not limited to, natural causes such as floods, tornados, fire, . blizzards, and storm; or mechanical failures such as burst pipes, furnace breakdowns, or clogged sewer lines. 4. The applicant agrees that other improvements found to be necessary to the unit (i.e., health and safety related conditions and energy improvements) must be completed on a non-emergency basis by means of a deferred loan or other financing. The HRA will make available funds for such improvements to the applicant on a first-come, first serve basis. Additional improvements can be undertaken at the same time as the emergency improvements if suffi- cient funds exist to assist all applicants ahead of the emergency application. 5. Smoke detectors must be installed as required by the Procedural Guides. D. In administering an Emergency Deferred Loan, the HRA is aware that an applicant that initially agrees to per- form additional repairs may, at sometime, not pursue the additional repairs. However, the emergency nature of the repairs to protect the health and safety of eligible residents warrants "the risk" as it relates to future performance. Every effort will be taken to ensure that Emergency Deferred Loan recipients follow through with appropriate repairs on a first-come, first-serve basis. -46- For the purposes of program monitoring by HUD and Hennepin County, it should be understood that: • -"Eligible Properties" and "Eligible Recipient" requirements contained within these Procedural Guides will be followed in evaluating an applicant for an Emergency Deferred Loan. -The property to be improved will be inspected to ensure .that an Emergency Deferred Loan expenditure is a "Permanent General Improvement" that is eco- nomically viable in that the structure will have a remaining useful life, a lien to the maximum amount available would be collectable, and the structure is reasonably livable, safe, and habitable. It is .understood that additional repairs of a non- emergency nature may be needed and that those repairs may not have been determined in final form. XII. Procedure for Deferred Loans Including Accessibility Im- provements A. Accessibility Improvements 1. Accessibility Improvements may include: a. Structure Improvements: Construction, installation or modification of ramps, handrails, kickplates and door widths; repair or replacement of doors; relocation of doorways; installation of lever-action hard- ware; construction or expansion of rooms. b. Exterior Improvements Construction of exterior ramps, railing, walkways, landings and porch extensions; site grading and other site improvements. c. Bathroom Improvements Installation of elevated water closet, grab bars, shower stalls, tub seats, hand-held showers, accessible sinks, electrical outlets, medicine cabinets and other accessories; modi- fication or expansion of bathroom area to allow a five-foot turning radius. d. Kitchen .Improvements • Construction, modification or replacement of cupboards or shelves to provide access to sinks, cook tops, ovens or storage areas; -47- . installation of accessible electrical outlets and switches, lever-action hardware, garbage disposals; insulation of water pipes; modifica- tion or expansion of kitchen area to allow for a five-foot turning radius in the workspace; installation of "lazy susans" in cupboards; replacement of floor covering in order to improve wheeling surface. e. Other Improvements In exceptional circumstances, installation of central air-conditions and/or stair glides or electric lifts when the need for these improve- ments is verified by the handicapped person's doctor in writing. Improvements which are not determined by the De- ferred Loan Administrator to be eligible as Acces- sibility Improvements may be funded under the other provisions of these Procedural Guides. B. Re uirements_for_Participation Deferred loans may be made to Handicapped Persons for Accessibility Improvements only if the conditions of . Section VI (except the portion thereof relating to Eligibility of Improvements), of these Procedural Guides have been fully satisfied. C. Amount of Deferred Loan for Accessibility Improvements . In no event may a Deferred Loan for Accessibility Improvements exceed 520,000. If a Deferred Loan is made both for Accessibility Improvements and for other Eligible Improvements pursuant to these Procedural Guides, then under no circumstances should the amount for the non-handicap improvements exceed the maximum Deferred Loan amount as stated in Section VII ($15,000). -48- D. Responsibilities of the HRA With respect to Deferred Loans for Accessibility Im- • provements, the HRA shall: 1. Be governed by the general conditions set forth in Section II of these Procedural Guides. 2. Assist the handicapped person with the preparation of"the Application form, upon request. Such assis- tance shall include a personal visit by the De- ferred Loan Administrator to the home of the Handi- capped Person, or to any other reasonable location which is accessible to the handicapped person when the offices housing the Deferred Loan Administrator -are not deemed accessible in accordance with Chap- ter 751, Laws of Minnesota, 1978.- 3. Carry out the duties required of the HRA pursuant to Section III, except Section III-C of these Procedural Guides, including the duty to complete the Deferred Loan Package for Accessibility Im- provements. A complete Deferred Loan Package for Accessibility shall include all required materials. 4. Standard Procedure for Compiling Accessibility Portion of Deferred Loan. In addition to all the • documents described in Section VII, a deferred loan package including Handicapped Improvements must include the following: a. Accessibility Improvements Inventory - contain- ing a description of the Accessibility improve- ments to be made shall be included with the Inspection Report. b. A letter describing: (1) The level and specific type of disability experienced by the handicapped person signed by a licensed physician; and (2) The specific Accessibility Improvements requested by the physician. c. Bids from contractors; d. Architectural Drawings, if needed; e. Any other materials requested. r1 U -49- XIII. General Condition Relating to Deferred Loans A. Urban Hennepin County Equal Opportunity/Affirmative Action Requirements It is the policy of Hennepin County to provide equal access to employment, programs and services without regard to race, color, creed, religion, age; sex, handi- cap, martial status, affectional preference, public assistance, criminal record, or national origin. All programs financed through. or administered by Urban Hennepin County will contain equal opportuni- ty/affirmative action requirements in the Procedural Guides. All participating communities programming Community Development Block Grant monies to housing rehabilitation deferred loans and/or to public facili- ties grants will"adhere to the equal opportuni- ty/affirmative action statement above. Areas not specifically mentioned in this statement will still be governed by the spirit of this statement. If an applicant or deferred loan recipient believes they have been discriminated against, they should contact the Affirmative Action programs Department, A-303 Government • Center, Minneapolis, Minnesota, 55487, 348-4096. B. The HRA shall have full responsibility for program .implementation including public information, reviewing and screening applicants, choosing recipient, and assur- ing that work will be satisfactorily completed. C. No application, processing; or other fees shall be charged to an applicant. • -50- SECTION XIV PROCEDURAL GUIDE RICHFIELD FLOOD GRANT PROGRAM • -51- • FLOOD GRANT PROGRAM determination is made. by the Executive Director that an emergency situation exists.] Individual or localized flood damage repair will be funded by CDBG Emergency Deferred Loans funds when severe conditions have not occurred. The following criteria will apply to any application for a Flood Grant. Revised 8/87 The purpose of this program is to assist low income homeowners who experience damage from stormwater runoff resulting from unusually heavy rains. [The Flood Grant Program will only be utilized when wide spread damage occurs from severe rains and a A maximum of $50,000 will be made available from the CDBG Rehabilitation Loan Program when emergency situations are determined.' Sufficient CDBG funds will be reserved for all applicants on the waiting list for Rehabilitation Deferred Loans. Grants will be processed using the procedural guidelines established for CDBG Emergency Deferred Rehabilitation Loans. A deadline for flood grant applications will be determined by the Executive Director. Any portion of Flood Grant funds not utilized, will be returned to the CDBG Rehabilitation Loan Program. A. Applicant Selection Only those applicants determined ineligible for Federal Disaster funds, if such funds are available, will be considered for the Flood Grant Program. All applications must be received in the office of the Richfield HRA on or before the determined deadline. Applicants will be ranked according to income. Funding will be directed to the lowest income applicants first. B. Ownership 1. The recipients must individually or in the aggregate have at least: a. A life estate; b. A one-third interest in the fee title; c. A one-third interest as purchaser in a contract for deed with respect to the structure to be improved and must occupy such property as their principal place of residence. 2. All individuals occupying the structure to be improved as their principal place of residence and having an ownership interest in such structure must loin in the application. 3. For the purpose of this program, • based on the information recorded All unrecorded contracts for deed as proof of ownership. ownership shall be in Hennepin County. shall not be viewed -52- 4. To be eligible to receive a grant, the applicant must be current on contract for deed payments, mortgage payments • and property taxes on the property to be improved. If any of these payments are in arrears, they must be made current before the application can be approved for funding. C. Income and Assets The family gross annual-income must not exceed 80~ of the median income, as determined by Section 8 income limits. The assets of the applicant, other than the value of the home being improved, must not exceed $25,000. D. Zoning 1. The property to be improved must not be in violation of applicable zoning ordinances. 2. The property must be located within the city, and must be used primarily for residential purposes. E. Eligible_Improvements Residential properties are to be improved to allow compliance with municipal health, building, fire prevention and housing maintenance codes and/or meet environmental standards • applicable to housing when flood related damage has occurred. Improvements to be given first priority include: -Repairs to electrical system -Repairs to plumbing system -Repair or replacement of heating system -Repair or replacement of water heater -Repair or replacement of doors and windows to secure premises -other repairs and/or improvements which according to the program administrator, might minimize the potential of future flooding damage Full compliance with all codes will not be required for grant eligibility, and no application for a grant for property occupied by the owner shall be denied solely because the improvements will not bring such property into full compliance with all such codes and standards. Repairs not related to flood damage will be funded through the, established~CDBG Rehabilitation Loan Program. • -53- F. Amount of Grant The amount of the grant may not exceed $6,000 per household. Funds may only be used for the identified eligible improvements. G. Ineligible Items Refinancing of existing debts or mortgages, payments for public improvement assessments, financing of luxury items or improvements (furniture, dishwashers, patios, fireplaces, etc.) will not be allowed. H. Competitive Bids All work must have a minimum of three competitive bids. An exception to this policy may be made when, due to the nature of the repairs, the work must be done immediately. I. Insurance Requirement A homeowner will not be required to obtain flood insurance as a condition of obtaining a Grant, but shall be encouraged to do so if damage exceeds $1,000. J. Repayment Agreement • The Repayment Agreement must be included in the Grant Package. As specified in the provisions of the Repayment Agreement, the recipient shall be required to notify the HRA immediately upon the sale, transfer, conveyance or cessation of residency of the property. 1. Each grant shall be subject to an Agreement for Repayment which provides that in the event that the property upon which the improvement is located is sold, transferred, or otherwise conveyed by the Grant Recipient within seven (7) years from the date upon which the grant application was approved, or in the event that such property ceases to be the recipient's principal place of residence within seven (7) years from .the date upon which the grant application was approved, then the recipient shall repay (and the HRA shall have a lien to the extent permitted by law on the property as security for such repayment) all or a portion of such Grant Funds in accordance with the following schedule: -54- Period of time within which sale, transfer, conveyance or cessation of residency occurs from time of receipt of grant Per Cent Repayment Prior to end of 36th full month After end of 36th full month until end of 48th full month After end of 48th full month until end of 60th full month after end of 60th full month until end of 72nd full month After end of 72nd full month 100$ 75$ 50$ 25$ No Repayment • -55- • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 36 \ April 18, 1994 Issue Statement: Authorization to execute contract with South Hennepin Technical College .(HTC) to initiate a 1994-95 Richfield Rediscovered project at 7021 Nicollet Avenue. Background• The HRA purchased the property at 7021 Nicollet Avenue in March 1993 for $16,650 following a HUD foreclosure. Staff has worked with Affordable Suburban Housing (ASH) to develop the site. Since mid 1993, ASH has pursued several alternative plans, without a feasible project concept evolving. HTC has requested that the HRA participate in a new construction project for the school year 1994-95. The 7021 Nicollet site would be an appropriate location. Like the project recently completed by the HTC and HRA at 6538 Bloomington Avenue, a large home (with four bedrooms and central air conditioning) is envisioned. The two organizations have participated together in over 20 projects since 1977. The projects provide rehabilitation and new construction training opportunities for the building trades students and new housing for the community. A structure is presently being built at • the college campus and can be moved to the site, and placed on a permanent foundation in July 1994. Staff, in cooperation with HTC architectural drafting faculty, has developed a project plan for this 59 foot wide site which meets all setback requirements, to complement the design of neighboring homes and to incorporate interior features desirable in today's market. A copy of the prelitYiinary site plan is attached. Special attention has been given to enhancing the sites desirability on an arterial street. The new house will have approximately 1,800 square feet of finished living area. It will feature a split entry design with a living room, dining room, kitchen, four finished bedrooms, 1-3/4 bathrooms, a deck and detached double garage. The garage will be located adjacent to the alley. The amount of the HTC contract for this project is not to exceed $82,400. This cost is consistent with previous projects given design and square footage variabilities. The estimated project costs and funding sources follow: ACTIVITY FUNDING SOURCE Acquisition, site: S 16,650 Richfiel d Rediscovered Demolition, site: None None HTC Contract: $ 82,400 Proceeds of Sale Landscaping: $ 4,000 Proceeds of Sale • Legal (Sale): S 600 Proceeds of Sale Closing Costs: S 2,500 Proceeds of Sale Total Cost $102,550 • Private contractors will complete the electrical, plumbing, heating, and painting portions of the work. Legal counsel has previously reviewed the contract requirements. A copy of the building elevations also accompany this letter. Although the completed value of the home has not yet been determined by independent appraisal, staff estimates that the value should approximate $102,500. The new home would be marketed as a Richfield Rediscovered project. CDBG funds are not being utilized in the project. Recommended Motion: It is recommended that the HRA adopt the attached resolution which authorizes the execution of the~HTC contract in the amount of $82,400 for the 1994-95 new construction project at 7021 Nicollet Avenue. Basis of Recommendation: 1. The HRA has ownership of the property. 2. Plans have been developed and a house is being built by HTC students that will meet site requirements and program needs of the HRA. 3. The contract provisions are similar to previous contracts with HTC; a summary of contract provisions is attached. • 4. HTC has demonstrated a unique ability to provide a desirable product at a more modest cost than other builders on sites that are challenging to market. 5. To leave the site vacant may cause a blighting influence. 6. Staff will continue to explore new construction development opportunities with ASH. Alternative Recommendation: Do not authorize execution of the HTC contract. Discussion/Decision Mode: HTC is seeking a buyer for this house. The HRA is viewed as the most desirable customer. If the HRA is not interested in a purchase, they will seek another buyer. Resp,~u~.ly submitted, Jame Prosser Execu a Director JDP:ds • • RESOLUTION N0. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION RELATING TO HTC AGREEMENT FOR 7021 NICOLLET AVENUE WHEREAS, on March 29, 1993, the HRA purchased from HUD the property at 7021 Nicollet Avenue, legally described as attached; and WHEREAS, a project has been proposed as a cooperative effort between the HRA and South Hennepin Technical College (HTC); and WHEREAS, the property at 7021 Nicollet Avenue would be developed with a new single family home; and .WHEREAS, the Construction Agreement price for the new construction program will not exceed $82,400; and WHEREAS, following completion of the new construction work, the property will be sold. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment- Authority in and for the City of Richfield, • - Minnesota that the HRA Chairperson and Executive Director are authorized to: Enter into a Construction Agreement with HTC for an amount not to exceed $82,400 for the new construction project at 7021 Nicollet Avenue South. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of April, 1994. homas E. Harms, Chairperson ATTESTY Vern Luettinger, Secretary SUMMARY OF CONTRACT REQUIREMENTS FOR HTC PROJECT AT 7021 NICOLLET AVENUE • The construction of a split entry home at 7021 Nicollet Avenue. • The professional installation of heating, electrical and plumbing systems. • Completion by July 1995. The house will be relocated from the campus in May or June 1994. • Supervision of labor and insurance coverage to be the responsibility of HTC. • .HTC is responsible for a one-year warranty for defects caused by faulty workmanship defective materials; a two-year warranty on installation of plumbing, electrical, heating and cooling systems; and a ten-year warranty on structural defects. • A provision specifying HTC's responsibilities concerning • timely completion of the exterior facade, and routine site maintenance during the construction period. • H W Q J 0 .. Z r ~N O ti Z O a W W N W Z O W Q z 0 d w w i t~ ~~ • W Y~1 J W d ..~ ~i 4+ 4~tan -F~c x-021 N;co1~~ ~~~Ey 133 ~ • ~~~ N1CU~LET ~v~. HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 35 Agenda April 18, 1994 Issue Statement: Authorization to fund Richfield Rediscovered New Construction. Background° As part of~the 1994 HRA budget process, $350,000 was authorized to be used from the Development Fund to finance the acquisition of property for Richfield Rediscovered. Approximately 5 or 6 new homes are possible with these funds. In addition, staff has received preliminary new construction interest from 9 New Ford Town/Rich Acres (NFT/RA) households that are in the initial acquisition phase. An additional $350,000 is requested to ensure that those who respond to HRA marketing initiatives in NFT/RA can be served. An allocation of $700,000 could provide 10 to 12 homes. Two additional sites, at 7416-4th and 6844-14th Avenues, are already in the Richfield Rediscovered Program and available. Thus, 14 new construction opportunities could be available during 1994 to meet anticipated demand. At the March 21, 1994 HRA meeting, Sid Inman of Publicorp presented an analysis of the status of all TIF projects. The projects are doing better than expected. Attached is a recent memorandum addressing the transfer of funds from the LHN to the . Development Fund. The analysis indicates that up to $1 million could be withdrawn and still maintain a more than adequate debt coverage ratio. (Within the budget process for 1994-95, staff will identify other program funding needs to be met by the Development Fund.) An allocation to Richfield Rediscovered is needed at this time to 1) maintain market presence, 2) provide opportunities to NFT/RA residents, and 3) provide a basis for determining the number of additional properties which could be purchased so as to permit staff to prepare a redevelopment plan modification. Recommended Motion: 1. Authorize the use of the 1994 budget appropriation of $350,000. 2. Provide an additional appropriation to the Development Fund of $350,000 to meet the new construction needs of NFT/RA households. Basis of Recommendation: 1. Market demand continues and must be met to maintain program presence. 2. A special set aside should be established for NFT/RA • households. • 3. An analysis by Publicorp indicates that there are sufficient revenues available to the Development Fund to support the proposed level. Alternative Recommendation: 1. .Leave the program allocation unchanged. 2. Make further adjustments to the allocation. Discussion/Decision Mode A plan modification must be processed before additional property could be purchased. An indication of the funding to be made available will facilitate preparation of the modification for the May HRA meeting. Resp~ct`~,~Ci~ly submitted, James I): Prosser Execu ve Director JDP:ds Publicorp Inc. 512 Crown Roller Mill (612) 341-3646 05 Fifth Avenue South FAX (612) 341-4148 ~linneapolis, MN 55401 MEMORANDUM TO: Bruce Palmborg, City of Richfield FROM: Sid Inman, Publicorp, Inc. DATE: April 8, 1994 RE: 1994 Development Account Deposit As you are aware, Publicorp has been asked annually to review the financial position of the tax increment district in the City of Richfield. As part of that review, we project total revenues and expenditures throughout the life of each district in an attempt to provide the HRA with an analysis of the financial stability of the districts. i That report was presented to the HRA at its March 21st meeting and I have included a copy of that report for your review. You will note that we reported at the meeting the status of the districts has remained stable or has improved since the 1993 report. Based on the overall market value decreases in the area, we believe this is a positive position for the districts to be in. We also mentioned that it is our opinion that all districts remain healthy and will have sufficient reserves to pay all outstanding obligations. An additional part of that review is to assist the City in determining how much, if any, can be transferred from the LHN Tax Increment District to the Development Account. In order to review a potential transfer, we have prepared six cash flow analyses of the LHN District. The first assumes no transfer is made. The next five assumes transfers of $600,000 to $1 million are made. In an attempt to analyze the effect of each one of these transactions, we have used a debt service coverage factor for review. Debt service coverage is defined as the total amount of revenues available to pay debt divided by the total debt service to be paid. You will note that in the case of no transfers to the development account, the coverage percentage is approximately 1.38%. In other words, the HRA has 13896 of the cash it needs to cover it's debt service obligations throughout the life of the District. You will note how this debt service coverage changes as we graduate from $600,000 to $1 million, • which ends with a debt service coverage of 132%. To put these percentages into perspective, you should be aware of the fact that the law • requires 105% coverage of general obligation bonds. Additionally, revenue bonds that are currently selling in the market place require a 120% - 125% coverage. In short, if you were to choose to .take the $1 million transfer to the development account, it is our position that there would still be substantial excess cash to cover debt service payments. I hope this answers the question that you posed. I will be available at the Monday nights' HRA meeting to discuss it in detail. richfielldevecdep.mem w C9 d a • • 0 N r C O C U ..i 0 d! 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Background• On August 16, 1994 the HRA selected Project For Pride In Living (PPL) and Affordable Suburban Housing (ASH) to implement the community apartment program. Shortly after PPL/ASH initiated their work, the HRA requested that a status report be presented at the February meeting. The regular February meeting was not held and because of the press of CSM matters it was not scheduled in March. Ms. Laura Klein and Mr. Bill Schatzlein will present the report. The report will relate to the five program outcomes identified in the contract: Outcome One: A profile of the current population of apartment residents in Richfield will be developed that will aid in directing plans to achieve our goal (duplication of efforts will be avoided). Outcome Two: An organization of apartment owners/managers will be established that will support efforts to maintain decent low- cost housing that is financially viable. Outcome Three: A model for a multi-unit dwelling resident organization will be developed. Outcome Four: A directory of Richfield Human Services and Educational Opportunities will be developed that includes: a description of services/programs offered; eligible participants; location; hours; cost; and available transportation. To the extent possible, existing information will be utilized. Outcome Five: A Community Services Group will be formed to link the City of Richfield, apartment owners/managers association, human service organizations, educational institutions, and resident groups in order to relate networks for community building through communication, promote positive working relationships, improve the delivery of services to residents, and improve the livability of Richfield apartments. A determination will be made about which services/programs could be brought to housing sites or neighborhood locations. Recommended Motion: Accept and discuss the Community Apartment Program report. Basis of Recommendation: 1. The HRA initiated this program. 2. A status report was requested by the HRA. Alternative Recommendation: Delay presentation of report. Discussion/Decision Mode: The program is approximately half way through its first year. Respectfu y submitted, James Prosser Execu a Director JDP:ds • s HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 33 Agenda April 18, 1994 Issue Statement: Public hearing and authorization of the sale of Richfield Rediscovered property at 6926 Chicago Avenue to Quam, Sumnicht, and Associates. Background• The HRA authorized the sale of 6926 Chicago Avenue to Newman Berger in October 1993.. Shortly thereafter, Mr. Berger found his proposed project was over budget. Staff remarketed the site. Quam, Sumnicht, and Associates (QSA) has identified a buyer and proposes to build a three bedroom (5128,000) home in accordance with the attached plan.. The development agreement requires: s A cash deposit of $25,000 to the HRA as performance security. This is an .acceptable alterative to a Letter of Credit. s Completion by October 31, 1994. s Construction financing and insurance requirements that other Richfield Rediscovered builders have provided. The HRA has already demolished the home in preparation for • development. Recommended Motion: Following the public hearing, adopt the attached resolution which authorizes the Chair and Executive Director to execute an agreement to sell 6926 Chicago Avenue to Quam, Sumnicht and Associates for the development of a new single family home. Basis of Recommendation: 1. Experience with QSA to date indicates they are a responsible contractor. This will be their first new construction project in Richfield. 2. The HRA owns the site and is prepared to sell. 3. A development agreement has been negotiated and is in conformance with program guidelines. 4. Notice of public hearing was published in the Sun-Current on April 6, 1994. 5. Previously, the Planning Commission found the sale of this lot for development of a new single family home to be in conformance with the City's Comprehensive Plan. Alternative Recommendation: • Do not proceed with the development agreement with Quam, Sumnicht, and Associate and direct staff to find another buyer. • Discussion/Decision Mode: A closing is anticipated to occur in early May with construction starting shortly thereafter. Respectf y submitted, James Prosser Execu i e Director JDP:cak • • • HRA RESOLUTION N0. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING SALE OF REAL PROPERTY LOCATED AT 6926 CHICAGO AVENUE TO QUAM, SUMNICHT, AND ASSOCIATES IN ACCORDANCE WITH A DEVELOPMENT AGREEMENT WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) desires to develop certain real property pursuant to and in furtherance of the Richfield Rediscovered Program Redevelopment Project (Project) heretofore adopted by the City of Richfield (City) and the HRA, said real property being described as follows: 6926 Chicago Avenue, "Chicago Avenue Acres" Addition, Lot 1, that part of east 1/2 lying north of south 50 feet thereof, Hennepin County; and WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and WHEREAS, a developer Quam, Sumnicht, and Associates has been identified as the purchaser of the described property, in • accordance with a development agreement; and WHEREAS, the development agreement between the HRA and Quam, Sumnicht, and Associates requires: 1. A Letter of Credit in the amount of $25,000 as performance security; 2. A construction completion date of October 31, 1994; and 3. Evidence of construction financing and insurance; and WHEREAS, a public hearing has been held to authorize the sale after proper public notice; and WHEREAS, the Planning Commission has made a finding that the disposition of the property for residential purposes is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority: 1. A public hearing has been held and 6926 Chicago Avenue is authorized to be sold to Quam, Sumnicht, and Associates in • accordance with a development agreement with the HRA. 2. The purchase price for 6926 Chicago is $25,000. • 3. The Chairperson and Executive Director are authorized to execute the Development Agreement and other agreements as required to effectuate the sale to Quam, Sumnicht, and Associates. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of April, 1994. Thomas E. Harms, Chairperson ATTEST: Vern Luettinger, Secretary ~i ~~~~~ ~~ I G:~~~ ~- k ~~y~~~ ~ V ~'~` ~9d° N?~d cd>+1 t~l J ;,i,~, ;i •i 1. •1 III'lllll C~ t ~i ~' e~ yl, 'Ot UW L~ ~ ~ ~~~~ vG al`~ ~~ z k'' '~~(' Ij~~ (G,I i yy~1 ~~d1 JJJ{ff dll ~ yyyy ~~ ~ ~ J11 ~ ~ _ _ x0C ~~Jigxll ~~ r r u~4~>a~ rd a ^ v I IIIIIIIIIIIIIII `~ ----- --_.'~I 1 1 1 1 1 1 ~ 1 1 1 1 1 1 1 1 7 0) ~ 1 1 L 1 1 wa 1 1 _~i 1.1 ~,~{{~~ 1 1' 1 III I) ___I„~ 1111~1~1~1__~~ ` 111 ' I I I I I l l l l l l l l l l l l l l ~' ~ t ;~ ; 1 _ , 1 ~' I (III~I-lii~~a;lili' ' , 1 ;J,, .. ~ ~LIIILI.1lIII II . ____. ~ _, R1liilllil~ll 1 ~ ~ ~o .1 LIIII-.IIII--III -1 ' ' Q " U .1 ~! z I 1-111~i11i III ul~llull ~ ~ ' ' ° a ~~ ~ I i~lll~_l1i-111 ; : Q 11 Jlull~lll ~ ; ; w I --~ ., ~ ~ ,_ s ~_~_Ilulli-illy . 11 ~ ~ I_11-11=i1 ~ „ Q !I I''~,Illllllllil~ ; I ~ 1 7-l_ -_ .. _.__..t~ _ ... ; 1 ~ I I J `~I~- `" ~ R !gSy~g33 o rr Il~{ y Y .8€.>i .~ I(IIII!Iliilllll ~ a -= ~I I i y~' ;; `'~,~ ~,I'i ;Iii I~lilifl ' , ~ ~ III I'li ~~ h' i!I ~~Ill~li =_= -~ ,illlll Ur,~l~l iIl I llilll l l Z 0 3 C Q U~ m > m . ~W It ~bt>'e>~_ [l~llll~llll i _ _ ~~--1 Bill I li~iii I - 1__= I U =~ ~ I -_ ~L e~ EE Xy ~ ~ c .a ; ~ s :a ~s z '~ I I .I I .. ,~~~~; -W i ~ P lifil ~ ~ ~ ,, ~. ~. Lr ilk ~~ ~e ~~__ m UI ~ ~ 1 -: V n .. ~ ~ N ~ ~ O ~ ~ ~. .0 n d ~G ~ O ~D C !D O C r+ ~~ ~ ~ e SEGOND LEVEL PLAN U A5 3/Ib-I-O 9Bj.0B 5F ~ 07 cD t0 O N 3 ~ a C1 ~~ o o ~ ~~ ~o ~~ c~ c c~ 0 c ( ~ - - - - - - -- - - - - - - - ~ ~ y --~1 ~ I ~I I ~ I Io V , I I Ip• b•.m• 1~.6• Il•-b. pr I I I 7x6 H~ - - - ~- - ~ I ~ I ~ LAII~pRT J ; ~~~, ;; ~~~, ; I _ cw~ ;o e~aK+oRr O~-P~a>: tl'ttl! - b'•10' ~'-1' o I I I ~ H11 IUQN - I I r==~, , - ~ I F ~ ~ ' ~ -ur h I $ r i~~i 66 ~~ r- - - - - - - - - - ~ ~-~ - -- --~ I i i ~. ~ i ', i ~i I ~~~. i < i I r t ~ i`i ~ i I All I GARAGE 81.A0 ON~GRADE ABOVE I ~ I ( f I I ~ I ~z ;. I - ~' I ~~~ ~~ ~ t- •• / , .) L ~ f J ti ~ ~ r ^` \ v \ ~ ~o.,m. I BA5EMENT (F7G / FDN) PLAN O AI D/I6'-I'-0' ~ ~O ~ N ~ n ~n d ~ O L .~ HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 32 Agenda April 18, 1994 Issue Statement: Public hearing and authorization of the sale of Richfield Rediscovered property at 7245-12th Avenue to Jespersen Builders. Background ° In December 1993, the HRA authorized the acquisition of property at 7245-12th Avenue under the Richfield Rediscovered program. The following development agreement proposal is being brought to the HRA: • Bill Jespersen of Jespersen Builders, Little Canada, is proposing to build a 1,800 sq. ft., 4 bedroom, $150,000 home for his sister, a Richfield resident. • Mr. Jespersen builds about 20 homes a year in a similar price range. • At the closing with the HRA, Mr. Jespersen would provide a Letter of Credit for $30,000 to the HRA as performance security. . s The development agreement, the same used for all Richfield Rediscovered builders, also requires: - Completion by October 31, 1994; and - Construction financing and insurance requirements that other Richfield Rediscovered builders have provided. A letter received from his lender indicates a positive financial position. Recommended Motion: Following the public hearing, adopt the attached resolution which authorizes the Chair and Executive Director to execute an agreement to sell 7245-12th Avenue to Jespersen Builders for the development of a new single family home. Basis of Recommendation: 1. A check of references, the City of Little Canada building inspector and Jespersen°s lender, indicate that Mr. Jespersen can responsibly perform. 2. The HRA has entered into a purchase agreement to voluntarily acquire 7245-12th Avenue on April 29, 1994 from the seller as part of the Richfield Rediscovered program. 3. A development agreement has been negotiated and is in • conformance with program guidelines. 4. Notice of public hearing was published in the Sun-Current on April 6, 1994. 5. Previously, the Planning Commission found the sale of this lot for development of a new single family home to be in conformance with the City's Comprehensive Plan. Alternative Recommendation: Do not proceed with the development agreement with Jespersen Builders and direct staff to find another buyer. Discussion/Decision Mode: Closing is expected to occur in early May with site clearance and construction starting shortly thereafter. submitted, James D. Prosser Executi Director JDP:ds • r~ U HRA RESOLUTION N0. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING SALE OF REAL PROPERTY LOCATED AT 7245-12th AVENUE TO JESPERSEN BUILDERS, IN ACCORDANCE WITH A DEVELOPMENT AGREEMENT WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (HRA) desires to develop certain real property .pursuant to and in furtherance of the New Home Program, said real property being described as follows: 7245-12th. Avenue; unplatted addition 35-028-24; that part of the S 103.5 ft of W 1/4 of NW 1/4 of SW 1/4 of NE 1/4 lying E of W 33 ft thereof and N of S 30 ft thereof; Hennepin County. WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and WHEREAS, a developer, Jespersen Builders, has been identified as the purchaser of the described property, in accordance with a development agreement; and • WHEREAS, the .Development Agreement between the HRA and Jespersen Builders requires: 1. A Letter of Credit in the amount of 530,000 as performance security. 2. The sale price for the land of 530,000. 3. A construction completion date of October 31, 1994; and 4. Evidence of construction financing and insurance; and WHEREAS, a public hearing has been held to authorize the sale after proper public notice; and WHEREAS, the Planning Commission has made a finding that the disposition of the property for residential purposes is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority: 1. A public hearing has been held and 7245-12th Avenue is authorized to be sold to Jespersen Builders in accordance with a development agreement with the HRA. 2. The purchase price for 7245-12th Avenue is $30,000. 3. The Chairperson and Executive Director are authorized to execute the Development Agreement and other agreements as required to effectuate the sale to Jespersen Builders. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of April 1994. Thomas E. Harms, Chairperson ATTEST: ern Luettinger, Secretary • ~;j ~ _~a+ ' ~ ~ 3, .t ~~ ~ a ~~ f:~ _ -- ~~ ._ ,, '~~ ,., ~r~~~ ,;'~l~l'~t ',;,''__ r l~~l~`tlt ,, `,` -- o tl) d Q ~ N N ~ ~ O ~ '. 1n ~ d' d N W N ._t i ` '~. , : , .. l~I ',~~ \ :, ~,r,~:l~,.~~~, ~ ,~} ~. I~- ~ ~; -~1 , ~ L, ,~;~ ~ ~ ~ ~~~ ~ ~-,,.T r ~ :~~ 1y 11 ~~ y ~11~'l''141~ 111 ~ ,.°-,ZI i 1 .. .. , .. •~_'r' ... ~_ r . _ ~, . ... _ .>- 1 v..__. 1- - _ ' 1 I ~I .. I Ia I ~ I I ,~ I A` ~ ~~' ' ~ ~ i .t I I _o~ ~ 'j ~ 7 ~I ~ti III i~ 3 ~ I I n I; : r i I „ ~ I `„ I ~ ~ II .~~. r ,y i IP I ~ I '~ I ~ ~ ~I I -ao ;,,r. y, II i ~i x K _ . :~. ...._ _ ~ - ... -- ~ _t .: _ - I I i a I; .r ; I i ~ ALL' it 1 0 I o I ~ ~ _ ~ ~ - I ~~ ~" _ _. . _.. ' - ~ - ' ~ ~ tQ ft I (~' 1 1 I . I t-`3 ~ ~ f ~ sy{2 LLB) i~.%;'~ of-,b ~ .."~ ;L ~. i ; 1 u~ ', ,~, ~ 0~ Q~ :, ~ -~-- a - w ~ `` II ~ z `c . I ;, r ~~ .' '~ ~ ^ti I ~~ i ~ I 'i N~ Ir e I I O d d Q ~a N ~ r O ~ O ~ ~ N L 1~ Li 1 T s °~ ~ ~, J ~ ~ ~, `h ~ P t ct (' ,~ ~ F- ;~ e ~~ a- ~ ~ ,~ ~; ~ ,• '1'I 1 i~~ ~ I ~t ~1, _ _. p . . . ~ - ~: ~ ~ I I I .0 1 ~~ 0 ~ .w ;~ ,~ , ~~ "4 t% . . Y. ~, I ~9 ~ _. ~ ~; ~i _ ~. :~ ` ., "r • i ~; ' , _X. 4 C :<i ,a N~ i i II ~I f ,~ ~•° ~•77i 4 ..:~ ~~~ •,LI I i ~ ~ I ~J a~ ~~~ _~ i - i ~~ y , ~ I~ ' , l~~ n 1_ ~ ~ ~j I j '3 V Ii i ~. l~ ul 1 ~ I ~ ~ ~ ~\~ 1 e ~ ' i -- I i., ~ ~ ~ I ,, ~ . ~ ~ J d `,w, - ~ ~ : «- .... C II ~ ~ o ~ ~ ' ~. -~~ c~ ~~~ ` ~ e'er I I ` • I 9 ~ ~ J i f~ ; __ =~ ~ - £I-~ ~ - ._ O ~~ __ - .. .. T • I ~~ >~ Qa .r L ~ O N ~ r ~ ~ ~ LA _ O N d ~~ ~t ... _._ .._ _.. ._ .. _ ,.i;l_ I 1 ~, a ._ .~ ,; << , . a ;' . ~ _ ._._ . _ ~ _l 1 ~ I I f I ~ ~ ~ ,I i 1 ~~ I ~ .~ .~ ~ i _I .---- - - ~ - j ~ I ~ ! I :~ ~ 1 I\ - .- .. I .. .. .~ i K~ I' _~<' ~ ~ t ~ ,, ~ _ o ~ ~ - ; ~'~~~ --;eta---- ~,_' l- - -- --- __ i i I I• r~` j. ~ I Ya?~,~ d3~.~yN i "u _ .. ~ - - i ~. n ~.ai::.~~.: ~~-.: .. T.. ... ... .. __.._ _._ .~. ~.._._~ ~i \~ ,. i _ ,-1 { .- _,~ ~ I :~ ;} a `~ ~ ~_ ter. I ~ 1 , ~) ~~ ~ , ... -- ~~ ~ ~ ~~ i ~~.,_-- - - . , _ _ -- - ~. --- - _ ~~V a ---t ''~ __...--- ...--- _~_:_ --~ r .~) iQ 1. .. i ~~ ~ ~~ ~ ~~~ '~ ~ ~ I i '0 4j .-I h ~ ' ~ ~ 1 ~VI ~ ~ ~ I ~{{ NI ~ ~f 1 i ~~ ~ '~ a = , + •, i ., ~ r C I ( ~. ~ ~ ~ ~ ,III i ~ ~ 'C~ to { .::-.~. ~. 1'x.,0) 1~.'~~ _.._._~. ~..... __ ~'~"~9~ • HOUSING AND REDEVELOPMENT AUTHORITY HRA Letter No. 31 Agenda April 18, 1994 Issue Statement: Public hearing on sale of property to CSM Corporation to provide for the construction of Phase I Shops at Lyndale and the relocation of Emerson Avenue Congregational Church. Backcrround On April 11, 1994, the HRA approved a Contract for Private Redevelopment. The contract provides for the construction of 112,000 square feet of Phase I Shops at Lyndale and the relocation of Emerson Avenue Church. The Phase I construction would-take place on the site area bounded by Emerson and Colfax Avenues and 77th and 78th Streets. The property to be conveyed by the HRA to the developer would be those parcels for which the developer has been unable to negotiate a purchase and for which the HRA obtains title through condemnation and quick take. The contract requires the developer to pay all HRA costs incurred for the purchase. The contract provides for the HRA to sell a portion of the Cloverleaf site to the developer for the construction of a new church facility. The cost to the developer is "not to exceed the • HRA's per square foot cost" of purchase. A separate agreement will spell out the exact location and size of the site within the "Cloverleaf." That agreement will be presented to the HRA at a later date for action prior to making the court deposit for the condemnation on the Phase I site. Recommended Motion: Adopt the attached resolution which authorizes the sale of the identified site area for Phase I and a portion of the Cloverleaf site not to exceed three acres for the relocation of Emerson Avenue Congregational Church. Basis of Recommendation: 1. The approved contract calls for the sale of this property to the developer. 2. The developer would pay HRA costs as stated in the contract. 3. The legal notice for this public hearing was published on April 6, 1994. 4. The specific location and size of the site for the church relocation will presented subsequently in a separate agreement. . 5. The hearing and adoption of the resolution will establish the intent of the HRA on this matter. Alternative Recommendation: 1. Continue the hearing to a date certain. 2. Refuse to hold the hearing. Discussion/Decision Mode: Approval of the resolution will make it possible for the redevelopment proposal to continue processing in a timely manner. Respectf ly submitted, James Prosser Execu ive Director JDP:ds • • HRA RESOLUTION NO. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA RESOLUTION AUTHORIZING SALE OF REAL PROPERTY LOCATED AT NORTHEAST QUADRANT OF I-35W AND I-494 WHEREAS, On March 14, 1994, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the "HRA") was presented with a concept proposal for the redevelopment of a retail center (the "Project") in the Interstate-Lyndale-Nicollet (the "ILN") Redevelopment Project Area (the "Project Area") by the CSM Corporation of St. Paul, Minnesota (the "Developer"); and WHEREAS, on March 28, 1994 the HRA approved Modification No. 4 to the ILN Redevelopment Plan and Tax Increment Financing Plan (the "Plans"), which modification incorporated additional land acquisitions and sales and changes in the public and private improvements to be constructed within the Project Area into the Plans; and WHEREAS, the Plans call for the HRA to assist the Developer with site assembly, including land acquisition should the Developer be unable to successfully acquire the necessary land • through private negotiations; and WHEREAS, said real property (the "Property") impacted by the Project is described in Attachment A; and WHEREAS, the HRA is authorized to sell real property within its area of operation after public hearing; and WHEREAS, the public hearing has been held after proper public notice; and WHEREAS, Planning Commission found that the disposition of the Property for Project purposes is consistent with the Comprehensive Plan by its action on April 12, 1994; and WHEREAS, a Contract For Private Redevelopment between the HRA and the Developer has been approved; and WHEREAS, the HRA will subsequently be presented with an agreement specifying the exact location and area of the "Church parcel" to be used to provide for the relocation of Emerson Avenue Congregational Church. NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and Redevelopment Authority: • 1. A public hearing has been held on the sale of the real property described in Attachment A. • 2. That the Chairperson and Executive Director are authorized to execute any and all agreements required to effectuate this resolution. 3. That the Contract For Private Redevelopment contains terms and conditions of the sale. 4. That the size and specific location of the "Church parcel" will be identified under a separate agreement between the HRA and the Developer. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 18th day of April 1994. Thomas E. Harms, Chairperson ATTEST: Vern Luettinger, Secretary • • ATTACHMENT A Description of Real Property • • Real property disposition of a portion of the "Cloverleaf Site" not to exceed 3 acres (the "Church parcel"), generally located within the area bounded by 76th Street to the north, I-494 to the south, Emerson Avenue to the east, and I-35W to the west. Also, the following real property: PID No. Property Address. Legal Description 33-028-24-43-0009 7701 Emerson Avenue The North 240 feet of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Southeast 1/4, except roads. 33-028-24-43-0010 7721 Emerson Avenue 33-028-24-44-002.5 7700 Colfax Avenue That part of the East 1/2 of the Southeast 1/4 of the Southwest 1/4 of the. Southeast lying South of the North 240 feet thereof, except highway. Commencing at the Northeast corner of the West 320 feet of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 thence South 255 feet, thence West 30 feet, thence North 50 feet, thence West 130 feet, thence South 50 feet, thence West to the West line of the South 1/2 of the Southeast 1/4 of the Southeast 1/4, thence North to the Northwest Corner thereof, thence East to the point of beginning; except road. 33-028-24-44-0026 7714 Colfax Avenue The the the the the Sou South 50 feet of North 255 feet of East 130 feet of West 290 feet of South 1/2 of the theast 1/4. 33-028-24-44-0027 7726 Colfax Avenue The South 90 feet of the North 345 feet of the West 320 feet of the South 1/2 of the Southeast 1/4 of the Southeast 1/4. 33-028-24-44-0028 7738 Colfax Avenue • That part of the West 320 feet of the South 1/2 of the Southeast 1/4 of the Southeast 1/4 lying South of the North 345 feet thereof, except highway. •