11-15-93 agendaCITY OF RICHFIELD
HOUSING AND REDEVELOPMENT AUTHORITY
MONDAY, NOVEMBER 15, 1993
7:00 P.M.
COUNCIL CHAMBERS
AGENDA
CALL TO ORDER ,
APPROVAL OF MINUTES OF HRA MEETING OF OCTOBER 1$, 1993
1. OATH OF OFFICE TO HRA COMMISSIONER, MICHAEL SANDAHL
2. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ITEMS NOT ON THE
AGENDA
3. PRESENTATION OF CERTIFICATE OF APPRECIATION TO LAWRENCE
WOZNICZKA
4. CONSIDERATION O F APPOINTMENT OF HRA SECRETARY TO FILL VACANCY
HRA LETTER NO. 45
5. CONSIDERATION OF REPORT ON THE STATUS OF BLIGHTED HOUSING
HRA LETTER NO. 46
6. CONSIDERATION OF RESOLUTION APPROVING CONTRACT FOR PRIVATE
REDEVELOPMENT BETWEEN HRA AND RICHFIELD STATE AGENCY, INC.;
LHN REDEVELOPMENT PROJECT
HRA LETTER NO. 47
7. CONSIDERATION OF RESOLUTION RELATING TO ISSUANCE OF COMPLETION
CERTIFICATE TO QUAM, SUMNICHT, AND ASSOCIATES FOR
TRANSFORMATION HOUSING PROGRAM PROPERTY AT 6500 JAMES AVENUE
HRA LETTER N0. 48
8. PUBLIC HEARING AND CONSIDERATION OF RESOLUTIONS ADOPTING 1994
HRA PROPOSED PROPERTY TAX LEVY AND BUDGET
HRA LETTER NO. 49
9. EXECUTIVE DIRECTOR REPORT
10. 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. 49
Agenda November 15, 1993
Issue Statement•
Adoption of the•1994 HRA proposed property tax levy and budget.
Background:
At an August 30, 1993 special meeting, the HRA adopted a
preliminary levy according to the Truth-in-Taxation law. That
levy was then forwarded to the City Council and adopted with the
City's preliminary levy.
The Truth-in-Taxation law does not require any further action by
the HRA, nor does it require a public hearing on the final tax
levy and/or budget. The HRA levy will be included as part of the
City's final levy document which will be considered at the City's
Truth-in-Taxation hearing on December 1, 1993.
However, a public hearing on the proposed HRA
levy has been .scheduled for November 15, 1994
public input. At the conclusion of the heari~
adopt a final budget and tax levy for 1994 to
City Council. The HRA budget resolutions are
budget document and represent official action
the HRA.
1994 budget and tax
to provide for
Zg, the HRA should
be forwarded to the
included with the
on those items by
Recommended Motion:
Adopt the resolutions adopting a 1994 HRA budget and property tax
levy for 1994.
Basis of Recommendation:
1. The HRA approved the Proposed 1994 Budget and Proposed 1994
HRA General Fund and Relocation Information Fund tax levies.
at its August 30 special meeting.
2. The HRA should now take official action to finalize the HRA
budget and tax levy.
Alternative Recommendation:
1. The HRA could select another meeting date before December 1,
1993 to consider these items. However, there would be
little time to publish a timely notice.
Discussion/Decision Mode:
It is recommended that the HRA take action on the HRA budget and
property tax levy on November 15.
R ully submitted,
J e D. Prosser
Ci Manager
JDP:ff
HRA RESOLUTION N0.
RESOLUTION APPS OD ET AND CERT FYING THE TAX ELEVY ENT AUTHORITY
BE IT RESOLVED by the Housing and Redevelopment Authority of the City
of Richfield as follows:
Section 1. The Budget for the Housing and Redevelopment Authority
General Fund of Richfield for the year 1994 in the amount
of $428,990 is hereby ratified.
Section 2. The estimated gross revenue of the Housing and
Redevelopment Authority General Fund of Richfield from
all sources, including general ad valorem tax levies as
hereinafter set forth for the year 1994, and as the same
are more fully detailed in the Executive Director's
official copy of the proposed Budget forrovedyear 1994,
in the amount of $498,180 are hereby app
Section 3. There is hereby levied upon all taxable property in
the City of Richfield a direct maximum amount allowable by
law ad valorem tax in the 1993, payable in 1994 for the
following purposes:
Housing and Redevelopment Authority $148,392
Relocation Information, Services and $ 14,726
Assistance
Section 4. A certified copy of this resolution shall be transmitted
to the County Auditor.
Passed by the Housing and Redevelopment Authority of the City of
.Richfield, Minnesota this 15th day of November, 1993.
Thomas E. Harms Chairman
ATTEST:
Secretary
R-1
. HRA RESOLUTION N0.
RESOLUTION AUTHORIZING REVISION OF 1993 BUDGET OF THE
HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD
WHEREAS, Resolution No. 461 appropriated funds for personal services
and other expenses and capital outlay for the Authority for
the year 1993, and
WHEREAS, The Executive Director has requested a revision of the 1993
budget as detailed in the proposed 1994 budget document.
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority
of Richfield, Minnesota as follows:
Section 1. That the 1993 appropriations for the Housing and Redevelopment
General Fund be revised as follows:
$ 87,190 Increase
Section 2. Estimated 1993 gross revenue of the Housing and Redevelop-
ment Authority General Fund from all sources, as the same are
more fully detailed in the Executive Director's official copy
of the 1994 budget document, are hereby revised as follows:
$103,270 Increase
Section 3. That the 1993 appropriations for Relocation Information
Services and Assistance be revised as follows:
$ 9,200 Decrease
Section 4. Estimated 1993 gross revenue of the Relocation Informations
Services and Assistance from all sources, as the same are more
fully detailed, in the Executive Director's official copy of
the 1994 budget document, are hereby revised as follows:
$ 800 Increase
Section 5. That the Executive Director bring into effect the provisions
of this resolution.
Passed by the Housing and Redevelopment Authority of Richfield, Minnesota this
15th day of November, 1993.
Thomas E. Harms Chairman
ATTEST:
Secretary
R-2
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 48
Agenda November 15, 1993
Issue Statement•
Authorization to issue a completion certificate to Quam,
Sumnicht, and Associates (QSA) for the transformation housing
project at 6500 James Avenue.
Background•
The HRA authorized the remodeling of the above referenced
property in August 1993. The development agreement provides for
the issuance of a certificate of .completion when construction is
completed. (A sample certificate is attached.) The home at 6500
James will be completed and sold by approximately November 30,
1993. It is being sold for $149,000. The builder has requested
the release of the letter of credit and the completion
certificate upon completion and closing. Staff is anticipating
this. request and wants to respond in a timely manner upon
verification of completion.
Recommended Motion:
Authorize the Chair and Executive Director to execute a
completion certificate in accordance with the attached resolution
which includes visual verification by staff of completion at 6500
James Avenue.
Basis of Recommendation:
1. Construction is nearing completion in anticipation of sale
and occupancy by the end of November.
2. The HRA requires a "certificate of occupancy" before the HRA
issues a "certificate of completion." Staff will verify that
all conditions are met prior to issuance of the certificate.
3. The builder has performed in accordance with construction
agreements and will request the issuance of a completion
certificate and the release of performance security in the
amount of $45,700.
Alternative Recommendation:
Do not issue a certificate of completion at this time.
Discussion/Decision Mode:
This matter will be presented at the November 15 HRA meeting.
Res ctf lly submitted,
Jam s Prosser
Exe u ive Director
JDP:ds
HRA RESOLUTION N0.
THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF RICHFIELD
RESOLUTION RELATING TO THE ISSUANCE OF A COMPLETION CERTIFICATE
FOR THE TRANSFORMATION HOUSING PROGRAM PROPERTY
AT 6500 JAMES AVENUE
WHEREAS, in August 1993, the Richfield Housing and
Redevelopment Authority in and for the City of Richfield,
Minnesota (HRA) entered into contracts with Quam, Sumnicht, and
Associated (QSA) for the remodeling of a single family home; and
WHEREAS, the home location is as follows:
6500 James; and
WHEREAS, staff will verify by visual inspection that
construction is completed at 6500 James Avenue; and
WHEREAS, performance security in the amount of $45,700 can
be released to Quam, Sumnicht and Associates (QSA) upon
verification of completion.
NOW, THEREFORE, BE IT RESOLVED by the Housing and
Redevelopment Authority in and for the City of Richfield,
Minnesota that:
1. Upon verification of completion by staff, a completion
certificate shall be issued for 6500 James.
2. The performance security can be released when the completion
certificate is issued.
Passed by the Housing and Redevelopment Authority in and for
the City of Richfield, Minnesota this 15th day of November, 1993.
Thomas E. Harms, Chairperson
ATTEST:
Secretary
EXHIBIT A
FORM OF CERTIFICATE OF COMPLETION
The undersigned hereby certifies that ,
has fully and completely compiled with its. obligations under
Article IV of that document entitled "Contract for Private
Development", between the Housing and Redevelopment Authority in
and for the City of Richfield, Minnesota and
dated filed
as Document No. with respect to construction of
the approved construction plans and is released and forever
discharged from its obligations to construct under such above
referenced Article.
DATED:
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF RICHFIELD
By
Its Chairperson
By
Its Executive Director
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of 19.9 by and
Director of the Housing and Redevelopment Authority in and for
the City of Richfield, a public body corporate and politic under
the laws of the State of Minnesota on behalf of the public body
corporate and politic.
This instrument was drafted by:
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
Notary Public
.HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 47
Agenda November 15, 1993
Issue Statement:
Approval of contract for private redevelopment between the HRA
and Richfield State Agency, Inc.; LHN Redevelopment Project.
Background:
The Contract proposes to provide "pay as you go" tax increment
assistance to Richfield State Agency, Inc. (RSA) for the
construction of a two story and partial basement medical office
facility of approximately 22,000 square feet. The existing
building at 66th Street and Grand Avenue would be cleared.
Construction is projected to begin this year with completion in
the spring of 1994.
The Planning Commission and City Council have previously approved
the land use aspect of this development proposal. On October 25,
the Council approved the amended final development
plan/conditional use permit. A copy of the letter used by the
Council as a basis for their decision is attached. It also
contains site plans and an elevation.
The proposed contract is attached. Schedule 8 page B-1 (near the
back of the document) is a tax increment note. The note would
provide assistance in the principal amount of $226,817 together
with interest at 7.25$. Exhibit A page B-4 delineates the
maximum anticipated payments including interest. It estimates
the payments will total. $307,230. This is also the maximum
dollar assistance to be made available. The only assistance
which is pledged by this note is the tax increment from this
project. The payment is a net "new value" as discussed at the
bottom of page B-1 and top of page B-2. Payment is made only to
the extent that tax increment is available from this
redevelopment property. Schedule C is an assessment agreement.
It combines the minimum value of $1.6 million of this development
with the minimum value of the 1983 assessment agreement of
$5,039,831.
A Table of Contents of the contract identifies each of the
Articles I-IX and the Schedules. Other articles of note are as
follows:
• Article III (pages 6-8) indicates that the basis for the
assistance would be a land write down. The HRA would buy the
property owned by the developer for $226,817 plus interest and
reconvey it to the developer for one dollar (payments by the
HRA for the land will be under the terms of the note described
above).
• The closing would take place on or before August 1, 1994. The
HRA would reconvey the property to the developer in the same
condition as it was conveyed by the developer to the HRA. A
public hearing would be held at an appropriate future date on
the land .sale.
• Article IV (pages 9-11) indicates that improvements will have a
minimum value of $1.6 million. The deadline for completion is
December 31, 1994. However, as noted earlier, the objective is
completion by spring, 1994. The developer would pay all HRA
costs incurred as a result of this transaction. Currently
those costs are estimated at 59,000 (staff, legal, financial
analysis).
• Article V address indemnifications. Article
assessment agreement. Article VII discusses
related to financing. Article VIII is blank
additional terms if it were needed. Article
defaults. Article X includes additional poi
discusses termination of the agreement.
VI requires an
other points
and available for
IX covers
its and Article XI
Recommended Motion:
Adopt the attached resolution which approves the Contract and
authorizes execution by the City Manager and Chair.
Basis of Recommendation:
1. The agreement provides for a needed medical facility within
the community.
2. The City Council has reviewed and approved the development
proposal as it relates to matters of zoning.
3. The appropriate role of the HRA is to provide financing
within the LHN.
4. The tax increment financing is necessary to make the facility
marketable.
5. The "pay as you go" approach to financing is cost effective
with virtually no risk. If property taxes are not paid, no
payments are made to the developer.
6. The agreement is written to minimize all forms of risk to the
HRA.
Alternative Recommendation:
1. Delay, action.
2. Reject- the proposal.
Discussion/Decision Mode:
The developer would like to initiate construction during 1993.
Respectfully submitted,
James D. Prosser
Executive Director
JDP:dsh
RESOLUTION NO.
RESOLUTION OF THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA APPROVING CONTRACT FOR PRIVATE.
REDEVELOPMENT WITH RICHFIELD STATE AGENCY, INC.
WHEREAS, the Housing and Redevelopment Authority in and for
the City of Richfield, Minnesota (the "Authority") has properly
created and is administering its. Redevelopment District (the
"District") pursuant to Minn. Stat. Chapter 469 in an effort to
encourage the development and redevelopment. of certain
designation areas within the City of Richfield; and
WHEREAS, among the development activities proposed to be.
assisted by the Authority in the District involve the development
of a medical office facility; and
WHEREAS, there has... been presented before the Authority a
form of Contract for Private Redevelopment ("Contract") among the
Authority and Richfield State Agency, Inc., setting forth the
parties respective responsibilities in developing the medical
office facility; and
WHEREAS, the Authority has reviewed the Contract and finds
that the execution of the same and the Authority's performance of
its obligations thereunder are in the best interest of the
Authority and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the Authority as follows:
1. That the Contract, as presented to the Authority, is
hereby in all respects approved, subject to modifications which
may be subsequently approved by the Board Chair and the
Authority's legal counsel.
2. That the proper Authority officers are hereby authorized
to execute the Contract on behalf of the Authority and to carry
out, on behalf of the Authority, the Authority's obligations
thereunder.
Adopted by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Richfield,
Minnesota this 15th day of November, 1993.
Thomas E. Harms, Chairperson
ATTEST:
Secretary
CITY OF RICHFIELD; MINNESOTA
Council Letter No. 299
Agenda October 25, 1993
Issue Statement:
Request for an amended final development. plan/conditional use permit to
allow construction of a medical office building at 407 West 66th Street.
Background:
Richfield State Agency, 6625 Lyndale Avenue, is requesting an amended
final development plan and conditional use permit to allow construction
of a satellite medical clinic for Abbott Northwestern Hospitals.
The existing one story, 7000 square foot office building at this
location would be removed. The medical office building would have two
stories above grade, each containing 10,000 square feet. A partial
basement for building utilities and storage would: contain another 5,000
square feet. Parking would be reconfigured and expanded.
The property is properly zoned PC-2, which is a planned unit development
for general commercial uses, including medical office buildings.
Recommended Motion:
Approve the request for an amended final development plan/conditional
use permit with the following stipulations:
1. That the location of the proposed automated teller machine be
subject to staff approval.
2. That the parking lot south of 67th Street be screened in compliance
with the City's landscape and screening standards.
3. That a cash escrow agreement be submitted for all required landscape
improvements before building permits are issued.
4. That if parking demand exceeds capacity, as determined by the City
Council, additional off-street. parking will be provided.
Basis of Recommendation:
1. The original proposal included relocating the Grand Avenue. curb cut
south to the middle of the block. Neighbors on the east side of
Grand Avenue objected because of traffic concerns. Two mediation
sessions resulted in a plan modification which moved this curb cut
back to the northern end.of the block, about 70 feet south of its
current location. The medians in the. street would be eliminated,
however, the two-way curb cut would have a divider island. The exit
on Grand Avenue would be skewed toward 66th Street and would be
signed for "no right turn." This should help to direct most of the
traffic back to 66th Street, rather than cutting through the
neighborhood. Additional landscaping and screening would be
provided on the east side of Grand for the neighbor opposite the
curb cut.
2. The north parking lot which serves McDonald's would no longer have
direct access to the south parking area or Grand~Avenue. However,
pedestrian access would be provided between this parking lot and the
medical office building..
3. Screening along Grand Avenue would remain consistent with the
existing berming and landscape plantings. The buffer yard along the
southern portion of Grand Avenue would be widened from 15 feet to 5
feet..
4. The plan includes several improvements to manage the quality and
quantity of storm water run-off. The drainage and grading plan .
include a grassy Swale in the landscaped area in the southeast area
of the site. This Swale will slow down the. flow rate and clean
parking lot run-off before it enters the storm sewer. The drainage
plan has been approved by the Engineering Division.
5. The facade of the proposed building would match the existing bank
building.
6. The parking study conducted by Walker Parking Consultants indicates
that about 428 parking spaces would be needed to meet the peak
parking demand for all the users (e.g., restaurant, bank, .proposed
clinic) on the site. .The plans indicate that 418 off-street parking"
spaces would be provided on the bank site. Another 59 parking
spaces would be available for employee parking in the parking lot
south of 67th Street, for a total of 477 off-street spaces provided.
In addition, the .bank drive-up teller provides stacking space for
about 23 cars, bringing total capacity to about 500 cars. The City
would normally require 543 parking spaces if the uses were reviewed
individually. A shared parking concept such as this, however,
allows a reduction from the normal parking standards because the
peak parking demand for the different users tends to occur at
different times.
7. On September 28, 1993, the Planning Commission voted unanimously to
recommend approval, stipulating that mediation should be used to
resolve the Grand Avenue curb cut issue. This stipulation was met a
There was not, .however, complete resolution of all mediation issues
raised. Some property owners along~Grand Avenue to 67th Street
believe they should be reimbursed. for any reduction in value caused
by the erection of a two story .building in place of the single story
building.
Alternative Recommendation:
Deny the request with a finding that the proposal would have an adverse
impact on surrounding properties or the City as a whole.'
Discussion/Decision
A public hearing is
The hearing will be
Ha11, 6700 Portland
Current and mailed
property.
Mode•
scheduled at 7:00 p.m. on Monday, October 25, 1993.
held in the City Council Chambers of Richfield City
Avenue. Notice of hearing was published in the Sun-
to property owners within 350 feet of the subject
Respectfully submitted,
Ja a D. Prosser
Cit Manager
JDP:ds
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CONTRACT
FOR
PRIVATE REDEVELOPMENT
By and Between
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
and
RICHFIELD STATE AGENCY, INC.
This document was drafted by:
HOLMES & GRAVEN, Chartered
470 Pillsbury Center
Minneapolis, Minnesota 55402
Telephone : 337-9300
JHD61182
RC125-45
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I
Definitions, Exhibits, Rules of Interpretation
Section 1.1. Definitions 2
ARTICLE II
Representation and Warranties
Section 2.1. Representations by the Authority 4
Section 2.2. Representations and Warranties by the Redeveloper 4
ARTICLE III
Acquisition and Conveyance of Property
Section 4.1. Construction of Minimum Improvements 9
Section 4.2. Construction Plans 9
10
Section 4.3. Completion of Construction 10
Section 4.4. Certificate of Completion
ARTICLE V
Indemnification
Section 5.1. Hold Harmless and Indemnification 12
Section5.2. Release and Waiver 12
12
Section 5.3. Release and Indemnification Covenants
ARTICLE V
Taxes
Section 6.1. Real Property Taxes 14
14
Section 6.2 . Use of Tax .Increments 14
Section 6.3. Assessment Agreement
JBD61182
RC125-45 1
ARTICLE IV
Construction of Minimum Improvements
ARTICLE VI
Financing
Section 7.1. Copy of Notice of Default to Mortgagee 15
Section 7.2. Mortgagee's Option to Cure Defaults 15
Section 7.3. Authority's Option to Cure Default on Mortgage 15
ARTICLE VIII
[Intentionally Left Blank]
ARTICLE IX
Events of Default
Section 9.1. Redeveloper Events of Default Defined 17
Section 9.2. Remedies on Default 17
17
Section 9.3. No Remedy Exclusive . 18
Section 9.4. No Additional Waiver Implied by One Waiver
Section 9.5. Authority Events of Default 18
Section 9.6. Redeveloper's Remedies 18
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interest; Authority and City
Representatives Not Individually Liable 19
Section 10.2. Provisions Not Merged With Deed 19
Section 10.3. Titles of Articles and Sections 19
Section 10.4. Notices and Demands 19
Section 10.5. Counterparts 19
Section 10.6. Law Governing 19
ARTICLE XI
Termination of Agreement
Section 11.1. Options to Terminate 20
Section 11.2. Action to Terminate 20
Section 11.3. Effect of Termination . 20
TESTIMONIUM 21
SIGNATURES 21
SCHEDULE A Description of Redevelopment Property
SCHEDULE B Form of Note
::>:«.<:
JBD61182
RC125-45 11
CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made on or as of the day of , n
by and between THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY
OF RICHFIELD, a public body corporate and..politic under the laws of the State of
Minnesota (hereinafter referred to as the "A t~;ttr~`") , and having its principal
office at 6700 Portland Avenue South, Richfiel~;'~1Vlnnesota 55423, and RICHFIELD
STATE AGENCY, INC . , a Minnesota corporation ;(hereinafter,, referred to as the
,~ havin its rinci al office at 6~-;~1~.:<.>:::::::::::::::::::«:;~:;;<,,>::;:,::<~:«<::<:;;::.;:::«;::.;;::;:.:
Redeveloper } , g p p
.:::,:::::.::::,::,.::::,.,,::,:,:, .:.......::.::::..:.:.:::... ,
Minnesota 55423.
WITNESSETH:
WHEREAS, the City of Richfield ("City") and the Authority have established
the Lyndale-HUB -Nicollet Redevelopment Projeet Area ("Project Area") under the
authority of Minnesota Statutes, Chapter 469 (the "Act"), and have established a
Redevelopment Tax Increment Financing District ("TIF District") and adopted a
Financing Plan ("TIF Plan") for the TIF District to facilitate the financing of public
development and redevelopment costs in the Project Area; and
WHEREAS, the City and the Authority deem it to be in the public interest to
facilitate and encourage redevelopment of the Project Area by a combination of public
and private activity within the Project Area and in accordance with the TIF Plan
adopted by the City and the Authority following extensive study and preliminary
work conducted by the City and the Authority and others engaged by them; and
WHEREAS, the Redeveloper has proposed a development ("Development" )
within such Project Area which the Authority believes will promote and carry out the
objectives for which redevelopment is undertaken, will be in the vital best interests
of the City, will promote the health, safety, morals, and welfare of its residents and
will be in accord with the public purposes and provisions of the applicable state and
local laws and requirements under which the Project has been undertaken and is
being assisted; and
WHEREAS, the Redeveloper is willing to or has purchased property within the
Project Area and will develop the Redevelopment Property, as hereinafter defined,
for and in accordance with this Agreement; and
WHEREAS, consistent with the TIF Plan, the HRA is willing to provide
financial assistance to the Redeveloper in accordance with the provisions of this
Agreement;
NOW, THEREFORE, in consideration of the premises and mutual obligations of
the parties contained herein, each of them does hereby represent, covenant and
agree with the others as follows
JBD61182
RC125-45
ARTICLE I
Definitions, Exhibits, Rules of Interpretation
Section 1.1. Definitions . In this Agreement, unless a different meaning
clearly appears from the context:
"Act" means Minnesota Statutes, Chapter 469, as amended.
"Agreement" means this Agreement, as the same may be from time to time
modified, amended, or supplemented.
"Authority" means the Housing and Redevelopment Authority in and for the
City of Richfield .
"Certificate of Completion" means a certification, to be provided to the
Redeveloper pursuant to Section 4.4 of this Agreement.
"City" means the City of Richfield .
"Closing Date" means the date of execution and delivery of the Note.
"Construction Plans" means the plans, specifications, drawings and related
documents on the construction work to be performed by the Redeveloper on the
Redevelopment Property which shall include at least the following for each building:
(1) site plan; (2) foundation plan; (3) basement plans; (4) floor plans for each
floor; (5) cross sections of each (length and width) ; (6) elevations (all sides, except
as to a side of existing structure where no construction is to take place) ; (7) facade
and landscape plans; and {8) such other plans or supplements to the foregoing plans
as the City may reasonably request.
"County" means the County of Hennepin, Minnesota.
"Event of Default" means an action by the Redeveloper listed in Article IX of
this Agreement.
"Holder" means the owner of a Mortgage.
"Minimum Improvements" means the approximately /~ , 000 square foot
medical office facility to be constructed on the Redevelopment Property.
"Mortgage" means any mortgage made by the Redeveloper which is secured,
in whole or in part, with the Redevelopment Property and which is a permitted
encumbrance pursuant to the provisions of Article VII of this Agreement
. .:. :. , ., ...:.::... , ,::Twin; ;. <~:sxx<:Thpup.~l:::~ n:~:;:l~:~nar~a:e~;~n€~e~;;±c~;
in the form of ~efiedule '~B attached` to this Agreement, and to fie
Authority payable to the order of the Redeveloper and delivered by
to the Redeveloper in accordance with Section 3.2 of this Agreement.
the Authority
"Plan" means collectively the tax increment financing plan and redevelopment
district plan adopted by the City in connection with the creation of the Tax
Increment District and the Redevelopment District, as it may be modified as of the
date of this Agreement, and as it may be further modified from time to time.
JBD61182
RC125-45 2
"Project Area" means the real property located within the boundaries of the
Redevelopment District.
"Redeveloper" means Richfield State Agency, Inc. , a Minnesota corporation.
"Redevelopment Property" means the real property described in Schedule A
of this Agreement.
"State" means the State of Minnesota.
"Tax Increment" means that portion of the real property taxes generated with
respect to the Redeveloper Property and Minimum Improvements which is remitted
to the Authority as tax increment pursuant to the Tax Increment Act .
"Tax Increment Act" means Minnesota Statutes Section 469.174-469.179
(formerly the Tax Increment Financing Act, Minnesota Statutes Sections 273.71-
273.78, as amended) .
"Tax Official" means any County assessor; County auditor; County director
of property taxation; County or State board of equalization, the commissioner of
revenue of the State, or any State or federal district court, the tax court of the
State, or the State Supreme Court.
"Unavoidable Delays" means delays which are the direct result of strikes,
other labor troubles, acts of God, fire or other casualty to the Minimum
Improvements, litigation commenced by third parties which directly results in
delays, or acts of any federal, state or local governmental unit which directly results
in delays . The term also includes delays which result from the unreasonable delay
in the issuance of any licenses or permits required for construction or occupancy of
the Minimum Improvements or other matters or events which are beyond the control
of Redeveloper.
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RC125-45 3
ARTICLE II
Representations and Warranties
Section 2.1. Re resentations by the Authority. The Authority makes the
following representations as the basis for the undertaking on its part herein
contained
(a) The Authority is a public body corporate and politic duly organized and
existing under the laws of the State .
(b) The Authority proposes to provide the land writedown and site
preparation assistance to the Redeveloper in accordance with this Agreement .
(c) The activities of the Authority are undertaken for the purpose of
removing, preventing or reducing blight, blighting factors or the causes of blight,
and for the purpose of eliminating or preventing the development or spread of
deteriorated or deteriorating areas .
(d) To finance the costs of the activities to be undertaken by the Authority
or by the Redeveloper for the benefit of the. Authority,:., the..:Authority proposes to
ted b the A ~~;; `x~Prt~p~Gfor the payment
use the Tax Increment genera y ...,.;.;;~:;;:;:.,:;::, .:.: «:::: ::::.::..:.......
of the principal of and interest due on the`~Note`:'
(e) Use of the Minimum Improvements for the operation of a medical office
facility is a permitted use under the City's zoning regulations.
Section 2.2. Re
Redeveloper represents
the
The
(a} The Redeveloper is a Minnesota corporation and is duly authorized to
enter into this Agreement and to carry out its obligations hereunder.
(b) The Redeveloper will construct the Minimum Improvements in accordance
with the terms of this Agreement, the Plan and all local, state and federal laws and
regulations (including, but not limited to, environmental, zoning, building code,
energy conservation, and public health laws and regulations) , except for variances
necessary to construct the improvements contemplated in the Construction Plans
approved by the Authority .
(c) To the best of its knowledge, upon completion,,,....the: Minimum
Improvements and land will have a market value of approximately $~?##.
(d) The Redeveloper has received no notice or communication from any
local, state or federal official that the activities of the Redeveloper or the Authority
in the Project Area may be or will be in violation of any environmental law or
regulation (other than those notices or communications of which the Authority is
aware) . The Redeveloper has no actual knowledge as opposed to constructive
knowledge, of any facts the existence of which would cause it to be in violation of
any local, state or federal environmental law, regulation or review procedure or
which would give any person a valid claim under any such law, regulation or review
procedure.
(e) The Redeveloper will seek to obtain, in a timely manner, all required
permits, licenses and approvals, and will seek to meet, in a timely manner, all
tions and Warranties
JBD61182
RC125-45 4
requirements of all applicable local, state and federal laws and regulations which
must be obtained or met before the Minimum Improvements may be lawfully
constructed .
(f) Neither the execution and delivery of this Agreement, the consummation
of the transactions contemplated hereby, nor the fulfillment of or compliance with the
terms and conditions of this Agreement is prevented, limited by or conflicts with or
results in a breach of, the terms, conditions or provisions of any restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which the
Redeveloper is now a party or by which it is bound, or constitutes a default under
any of the foregoing.
(g) In the event that there occurs an Event of Default under the terms of
this Agreement and the Authority incurs legal fees or other costs or expenses in
connection with the enforcement of any term or provision of this Agreement or the
recovery of any damages as a result of the Event of Default, the Redeveloper agrees
that it will, upon demand by the Authority, pay to the Authority the amount of such
costs and expenses, including reasonable attorneys' fees.
(h) The proposed development by the Redeveloper hereunder would not
occur but for the tax increment financing assistance being provided by the Authority
hereunder .
(i) The Redeveloper represents and agrees that its purchase of the
Redevelopment Property, and its other undertakings pursuant to the Agreement,
are, and will be used, for the purpose of redevelopment of the Redevelopment
Property and not for speculation in land holding.
JBD61182
RC125-45 rJ
ARTICLE III
~<'' ..~
;:.;;:::;;~.~~~xis~~ki.~~ ~~.~.
JSD61182
RC125-45
:::.:: .}~
. •.~~:~~::::~:s~t7wi:i:::::3i:.~r,.;:~:;X3:~;.;':~~~,~,~'.~,~~~~~~iFF~i~:::::::,'~.',',~,~',~,i~.~,r,.:. ~;lR~.~ia',~,~~%:::
Section 3 . A Pa went of Authorit Costs ....,.The Redeveloper agrees that
'.: '~:gin;~I~"'°<~ it will a the costs of staff
on or before Closiri>:..~3~`?~<`;'~.€:~ ::::::::::::::::::::::.;::::::.;:::..~'.~:. P Y
and of consultants and attorneys retained by ~tle Authority in connection with the
creation or modification of the Tax Increment District and the negotiation and
preparation of this Agreement and other incidental agreements and documents
related to the development contemplated hereunder.,...... /~, ..The total extent .. of
' ation under this Section /~ x:>~tx:~nl<e~`~~d~~b3#~t#~ .
Redeveloper s obhg
If the actual costs of the Authority: pursuant to this Section are zbi~~~ ess t an
$, the difference will be ~? at Closing.
JBD61182
RC125-45
Section 3 . /~ Closin .. Subject to Unavoidable Delays, the.:issuance, of .the
Note to the Redeve~o er ("Closing") must take place on or before 7~<.
p
If the Closing does not occur by that date, or at such later date as"tie parties may
mutually agree to in writing, then this Agreement may be terminated in accordance
with the provisions of Article IX .
JBD61182
RC125-45
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Minimum Improvements . The Redeveloper agrees
that it will construct the Minimum Improvements on the Redevelopment Property in
accordance with the approved Construction Plans .
Section 4.2 . Construction Plans .
(a) The Redeveloper has submitted and the Authority has approved
preliminary design plans showing the general nature and location of the Minimum
Improvements. Within ninety {90} days after the date of this Agreement or at such
later date as the parties shall agree to, the Redeveloper shall submit Construction
Plans for the proposed Minimum Improvements to the Authority. The Construction
Plans shall provide for the construction of the Minimum Improvements and shall be
in substantial conformity with the approved preliminary design plans, the Plan, this
Agreement and all applicable state and local laws and regulations . The Authority
shall approve. the Construction Plans in writing if: (i) the Construction Plans
substantially conform to the terms and conditions of this Agreement; (ii) the
Construction Plans substantially conform to the terms and conditions of the
preliminary design plans and the Plan; (iii) the Construction Plans substantially
conform to all applicable federal, State and local law, ordinances, rules and
regulations; and (iv) the Construction Plans are adequate to provide for the
construction of the Minimum Improvements . Such Construction Plans shall, in any
event, be deemed approved unless rejected in writing by the Authority, in whole or
in part, by the Response Date. Subject to the above stated requirements, the
Authority will approve the Construction Plans if such plans indicate a market value
of at least $~~it~~k~~ and provide for the exterior treatment, location and
landscaping called for in the preliminary design plans . Such rejection shall set forth
in detail the reasons therefor. If the Authority rejects the Construction Plans in
whole or in part, the Redeveloper may submit new or corrected Construction Plans
within thirty (30) days after written notification to the Redeveloper of the rejection.
The provisions of this Section relating to approval, rejection and resubmission of
corrected Construction Plans shall continue to apply until the Construction Plans
have been approved by the Authority or until this Agreement has been terminated
pursuant to Article XI. The Authority's approval shall not be unreasonably
withheld . Said approval shall constitute a conclusive determination that the
Construction Plans (and the Minimum Improvements, if constructed in accordance
with said plans) comply to the Authority's satisfaction with the provisions of this
Agreement relating thereto .
(b) The Redeveloper shall submit to the Authority for its approval any
substantial changes in the Construction Plans . The Authority shall approve changes
in the Construction Plans in writing if all of the criteria contained in paragraph {a)
above are met with respect to the proposed changes, except that the Construction
Plans need not conform to the terms and conditions of the preliminary design plans.
No approval by the Authority shall relieve the Redeveloper of the obligation to
comply with the terms of this Agreement, the terms of the Plan, applicable federal,
state and local laws, ordinances, rules and regulations, or to construct the Minimum
Improvements . Such changed Construction Plans shall, in any event, be deemed
approved unless rejected in writing by the Authority, in whole or in part. Such
rejection shall set forth in detail the reasons therefor, and shall be made within five
(5) working days after the date of their receipt by the Authority. The Authority's
approval shall not be unreasonably withheld. Said approval shall constitute a
conclusive determination that the changed Construction Plans (and the Minimum
JHD61182
RC125-45 9
Improvements, if constructed in accordance with said plans) comply to the
Authority's satisfaction with the provisions of this Agreement relating thereto.
(e) The provisions contaid h n es t ereto are intended only to set forth
approval of Construction Plans an g
the rights and responsibilities of the parties with respect to the financial assistance
being provided under this Agreement and shall not be deemed to modify or affect the
Authority's or the City's rights or responsibilities with respect to the granting of
permits and approvals in connection with its normal construction permitting process .
Section 4.3. Completion of Construction. Subject to Unavoidable,.Delays_,.
construction of the Minimum Improvements shall be completed on or before 3?tti
All work with respect to the Minimum Improvements to be constructed ~or
provided by the Redeveloper on the Redevelopment Property shall be in substantial
conformity with the Construction Plans as submitted by the Redeveloper and
approved by the Authority, together with any approved substantial modifications
thereto.
The Redeveloper agrees for itself, its successors and assigns, and every
successor in interest to the Redevelopment Property, or any part thereof, that the
Redeveloper, and such successors and assigns, shall promptly begin and diligently
prosecute to completion the redevelopment of the Redevelopment Property through
the construction of the Minimum Improvements thereon, and that such construction
shall in any event be completed within the period specified in this Section 4.3 of this
Agreement. During construction of the Minimum Improvements, the Redeveloper
shall make reports, in such detail and at such times as may reasonably be requested
by the Authority, as to the actual progress of the Redeveloper with respect to such
construction.
Section 4.4. Certificate of Completion.
(a) Promptly after substantial completion of the Minimum Improvements in
accordance with those provisions of the Agreement either as certified by the
Redeveloper's architect or as evidenced by the issuance of a certificate of
occupancy, the Authority by the Response Date will furnish the Redeveloper with
an appropriate instrument so certifying. Such certification by the Authority shall
be a conclusive determination of satisfaction and termination of the agreements and
covenants in this Agreement with respect to the obligations of the Redeveloper, and
its successors and assigns, to construct the Minimum Improvements and the dates
for the completion thereof . Such certification and such determination shall not
constitute evidence of compliance with or satisfaction of any obligation of the
Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing
money loaned to finance the Minimum Improvements, or any part thereof .
(b) The certificates provided for in this Section 4.4 of this Agreement shall
be in, such form as will enable them to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the Redevelopment
Property . If the Authority shall refuse or fail to provide any certification in
accordance with the provisions of this Section 4.4 of this Agreement, the Authority
shall, by the Response Date, provide the Redeveloper with a written statement,
indicating in adequate detail in what respects the Redeveloper has failed to complete
the Minimum Improvements in accordance with the provisions of this Agreement, or
is otherwise in default, and what measures or acts it will be necessary, in the
opinion of the Authority, for the Redeveloper to take or perform in order to obtain
such certification.
,7HD61182
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(c) The construction of the Minimum Improvements shall be deemed to be
completed when the Redeveloper has received a certificate of completion from the
Authority in accordance with the provisions of this Section .
JBD61182
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ARTICLE V
Indemnification
Section 5.1. Hold Harmless and Indemnification. The Redeveloper agrees to
indemnify the Authority, its officers, employees, agents, and others acting on its
behalf, to hold them harmless, and to defend and protect them, from and against any
and all loss, damage, liability, cost and expense (specifically including attorneys'
fees and other costs and expenses of defense) , of any sort whatsoever, based upon,
resulting from, or otherwise arising in connection with any actions, claims or
proceedings (from any source whatsoever) brought, or any loss, damage or injury
of any type whatsoever sustained, by reason, of any act or omission of the
Redeveloper, its officers, employees or agents, or any other person(s) or
entity(ies) for whose acts or omissions the Redeveloper is legally responsible, in the
performance of any of the Redeveloper's obligations (whether expressed or implied)
under this Agreement. The provisions of this Section shall not be deemed or
_._~ r___a1_ ..,. 71rt-0...v..,~..,+o C'tflt»tcc C".~'tAYli'Pl'~
4
Section 5.2. Release and Waiver. The Redeveloper agrees to rely entirely
upon its own property insurance for coverage with respect to any damage, loss or
injury to the property interests of the Redeveloper in the Project or which may be
exposed to damage, loss or injury in connection therewith.
The Redeveloper hereby releases the Authority, its officers, employees,
agents, and others acting on its behalf, from all liability or responsibility to the
Redeveloper, and to anyone claiming through or under the Redeveloper, by way of
subrogation or otherwise, for any loss of or damage to the Redeveloper's business
or property caused by fire or other peril or event to the extent that such fire or
other peril or event was covered by any type of real or personal property insurance,
including any indirect property insurance (such as business interruption coverage)
in effect on the date of the loss, even if such fire or other peril or event was caused
in whole or in part by the negligence or other act or omission of the Authority or
other party who is to be released by the terms hereof, or by anyone for whom such
party may be responsible .
The Redeveloper agrees to effect such revision of any property insurance
policy as may be necessary in order to permit the waiver of subrogation agreed to
herein . The Redeveloper shall, upon the request of the Authority, -promptly provide
a Certificate of Insurance, or other form of evidence as maybe reasonably requested
by the Authority (specifically including a form provided to the Redeveloper for such
purpose) evidencing that the full waiver of subrogation privilege contemplated by
this provision is present; and/or, if so requested by the Authority, the Redeveloper
shall provide a full and complete copy of the pertinent property insurance
policy (ies) .
Section 5.3 . Release and Indemnification Covenants .
(a) The Redeveloper releases from and covenants and agrees that the
Authority, the City and the governing body members, officers, agents, servants
and employees thereof shall not be liable for and agrees to indemnify and hold
harmless the Authority, the City and the County and the governing body members,
officers, agents, servants and employees thereof against any loss or damage to
JHD61182
RC125-45 12
property or any injury to or death of any person occurring at or about or resulting
from any defect in the Minimum Improvements.
(b) Except for any willful misrepresentation or any willful or wanton
misconduct or negligence of the following named parties, the Redeveloper agrees to
protect and defend the Authority, the City and the governing body members,
officers, agents, servants and employees thereof, now or forever, and further
agrees to hold the aforesaid harmless from any claim, demand, suit, action or other
proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from this Agreement, or the transactions contemplated hereby or the
acquisition, construction, installation, ownership, and operation of the Minimum
Improvements.
(c) The Authority, the City and the governing body members, officers,
agents, servants and employees thereof shall not be liable for any damage or injury
to the persons or property of the Redeveloper or its officers, agents, servants or
employees or any other person who may be about the Redevelopment Property or
Minimum Improvements due to any act of negligence of any person other than the
Authority, the City, and the governing body members, officers, agents, servants
and employees thereof .
(d) All covenants, stipulations, promises, agreements and obligations of the
Authority or the City contained herein shall be deemed to be the covenants,
stipulations, promises, agreements and obligations of the Authority or the City and
not of any governing body member, officer, agent, servant or employee of the
Authority or the City in the individual capacity thereof .
JHD61182
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ARTICLE VI
Taxes
Section 6.1. Real Property Taxes . The Redeveloper shall pay when due all
real property taxes payable with respect to the Redevelopment Property.
Section 6.2 . Use of Tax Increments . Pursuant to the Plan and this
Agreement, /~ the Authority pledged and shall appropriate the Tax Increment
to the a ment of the principal o~ and interest,:on, the. Note,,, said,~?a~ment.:to be made
p Y .: ..::::: .:
s >~ x~~~x;;~;t~~~:~as stated
in accordance with the terms and provision ........ .:;::;::,:.~:.,,,:.,.,::;:.;.;. ::::::::.::.::::::.::::.:::::::::::::.::.::::.:::.::.
in the Note .
Section 6.3. Assessment Agreement. On or before the
shall execute and enter into an.Assessment A.greement..in.sub~
Jule C . ~~::<~~:::e~~~~~;>:';;~~;:;;A~3~rn.::::
the attached Sche ..,,..... ,.;:. .::....:.:
_.. ...:::::::::v:::::::: ::.: ::::.. _. .i:Y
the parties
the form of
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RC125-45 14
ARTICLE VII
Financing
Section 7.1. Copt/ of Notice of Default to Mortgagee. Whenever the Authority
shall deliver any notice or demand to the Redeveloper ~nnth respect to any breach or
default by the Redeveloper in its obligations or covenants under the Agreement, the
Authority shall at the same time forward a copy of such notice or demand to each
Holder of any Mortgage authorized by the Agreement at-the last address of such
Holder shown in the records of the Authority.
Section 7.2. Mortgagee's Option to Cure Defaults. After any breach or
default referred to in Section 7.3 hereof, each such Holder shall (insofar as the
rights of the Authority are concerned) have the right, at its option, to cure or
remedy such breach or default (or such breach or default to the extent that it
relates to the part of the Redevelopment Property covered by its mortgage) and to
add the cost thereof to the Mortgage debt and the lien of its Mortgage: Provided,
That if the breach or default is with respect to construction of the Minimum
Improvements, nothing contained in this Section or any other Section of this
Agreement shall be deemed to permit or authorize such Holder, either before or after
foreclosure or action in lieu thereof, to undertake or .continue the construction or
completion of the Minimum Improvements (beyond the extent necessary to conserve
or protect Minimum Improvements or construction already made) without first having
notified the Authority in writing of its intention to complete such construction. Any
such Holder who shall properly complete the Minimum Improvements relating to the
Redevelopment Property or applicable part thereof shall be entitled, upon written
request made to the Authority, to a certification by the Authority to such effect in
the manner provided in Section 4.4 of this Agreement, and any such certification
shall, if so requested by such Holder, mean and provide that any remedies or rights
that the Authority shall have or be entitled to because of failure of the Redeveloper
or any successor in interest to the Redevelopment Property, or any part thereof, to
cure or remedy any default with respect to the construction of the Minimum
Improvements on other parts or parcels of the Redevelopment Property, or because
of any other default in or breach of the Agreement by the Redeveloper or such
successor, shall not apply to the part or parcel of the Redevelopment Property to
which such certification relates .
Section 7.3 . Authority's Option to Cure Default on Mortgage . Whenever any
Holder of a Mortgage gives notice of a default thereunder to the Redeveloper it shall
also provide a copy of such notice to the Authority. The Authority shall have the
right, but not the obligation, to cure any such default after which the mortgagee
shall pursue none of its remedies under the Mortgage based upon the said default of
the Redeveloper.
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ARTICLE VIII
[Intentionally Left Blank]
,7HD61182
RC125-45 1 s
ARTICLE IX
Events of Default
Section 9.1. Redeveloper Events of Default Defined. The following shall be
"Events of Default" with respect to the Redeveloper under this Agreement and the
term "Event of Default" shall mean, whenever it is used in this Agreement (unless
the context otherwise provides) , any one or more of the following events
(a) Failure by the Redeveloper to accept tender of the Note or to pay, when
due, all real property taxes required to be paid under this Agreement.
cordance with Section 4.2 of this Agreementit satisfactory Construction Plans
in ac
(c) Failure by the Redeveloper, subject to Unavoidable Delay, to complete
construction of the Minimum Improvements pursuant to the terms, conditions and
limitations of Article IV of this Agreement.
(d) Failure by the Redeveloper to substantially observe or perform any
material covenant, condition, obligation or agreement on its part to be observed or
performed hereunder.
Section 9.2. Remedies on Default. Whenever an Event of Default under
Section 9.1 of this Agreement occurs and has not been cured within thirty (30) days
of receipt by the Redeveloper of a notice from the Authority of such Event of
Default, or such longer cure period if the Authority determines such to be
reasonably required and the actions to cure have been commenced within such 30-day
period, the Authority's sole remedy shall be to immediately withhold all payments to
be made to the Redeveloper under the Note; provided, that notwithstanding the
foregoing, if there occurs an Event of Default on the part of the Redeveloper with
respect to the Redeveloper's indemnification obligations under Article V or with
respect to any obligation on the part of the Redeveloper to make payments to the
Authority hereunder, the Authority shall have the right to exercise any of the
following remedies
(a) Suspend its performance under this Agreement until it receives
assurances from the Redeveloper, deemed adequate by the Authority, that the
Redeveloper will cure its default and continue its performance under the Agreement.
(b) Withhold the Certificate of Completion.
(c) Take whatever action, including legal, equitable or administrative
action, which may appear necessary or desirable to the Authority to collect any
payments due under this Agreement, or to enforce performance and observance of
any obligation, agreement or covenant of the Redeveloper under this Agreement;
provided, however, that such action shall not include termination of this Agreement
(except as provided in Article XI) or the Note .
(d) Take any other action which may be provided for under this Agreement.
Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or
reserved to either party is intended to be exclusive of any other available remedy
or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity or by statute. No delay or omission to exercise any right
JBD61182
RC125-45 17
or power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised
-from time to time and as often as may be deemed expedient. In order to entitle the
Authority or the Redeveloper to exercise any remedy reserved to it, it shall not be
necessary to give notice, other than such notice as may be required in this Article
IX. Any party successfully pursuing its remedies hereunder shall be entitled to
recover from the other party its costs and legal fees connected with such action.
Section 9.4. No Additional Waiver Implied by One Waiver. In the event any
obligation contained in this Agreement should be breached by either party and
thereafter waived by the other party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous
or subsequent breach hereunder.
Section 9.5. Authority Events of Default. Failure by the Authority to execute
and deliver the Note pursuant to Section 3.2 of this Agreement shall constitute an
"Event of Default" with respect to the Authority under this Agreement.
Section 9.6 . Redeveloper's Remedies . Upon the occurrence of an Event of
Default by the Authority under Section 9.5 above, the Redeveloper may take any one
or more of the actions provided for in Section 9.2(a}, (b), (d) or (e), but only after
providing thirty (30) days written notice to the Authority of the Event of Default,
but only if the Event of Default has not been cured within said thirty days .
JHD6118Z
RC125-45 1$
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority and City Representatives iyo~
Individually Liable . No member, official, or employee of the Authority or the City
shall have any personal interest, direct or indirect, in the Agreement, nor shall any
such member, official, or employee participate in any decision relating to the
Agreement which affects his personal interests or the interests of any corporation,
partnership, or association in which he is, directly or indirectly, interested. No
member, official, or employee of the Authority or the City shall be personally liable
to the Redeveloper, or any successor in interest, in the event of any default or
breach by the Authority or the City or for any amount which may become due to the
Redeveloper or successor or on any obligations under the terms of the Agreement.
Section 10.2. Provisions Not Merged With Deed . None of the provisions of
this Agreement are intended to or shall be merged by reason of any deed
tradeemed o of e t or impairhthe provisions and ovenants of his Agreementll not
be
Section 10.3. Titles of Articles and Sections . Any titles of the several parts,
Articles, and Sections of the Agreement are inserted for convenience of reference
only and shall be disregarded in construing or interpreting any of its provisions .
Section 10.4. Notices and Demands . Except as otherwise expressly provided
in this Agreement, a notice, demand, or other communication under the Agreement
by either party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return receipt
requested, or delivered personally; and
a in the case.of.,the„Redeyeloper.,.::is::addressed,:to or delivered personally
( )
to the Redeveloper at ~~~ Ly~i,d~.~~ ,~iv~~tte ~.~~, ~~~~~~.~ ~ Minnesota ~; and
(b) in the case of the Authority, is addressed to or delivered personally to
the Authority at 6700 Portland Avenue South, Richfield, Minnesota 55423;
or at such other address with respect to either such party as that party may, from
time to time, designate in writing and forward to the other as provided in this
Section .
Section 10.5. Counterparts . This Agreement is executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 10.6. Law Governing. This Agreement will be governed and
construed in accordance with the laws of Minnesota.
JBD61182
RC125-45 19
ARTICLE XI
Termination of Agreement
Section 11.1. Options to Terminate. This Agreement may be terminated by
the Authority or Redeveloper if the execution and acceptance of tender of the Note
pursuant to Article III of this Agreement have not occurred by the date specified in
Section 3.4, as extended as the result of Unavoidable Delays unless such date is
extended by mutual agreement of Authority and the Redeveloper. This Agreement
may also be terminated by either party upon notice by the Redeveloper to the
Authority that it will not be acquiring all of the Redevelopment Property. This
Agreement may also be terminated if, subject to Unavoidable Delays, the :Minimum
Improvements have not been substantially completed by December 31, /~ .
Section 11.2. Action to Terminate. Termination of this Agreement pursuant
to this Article XI of this Agreement must be accomplished by ten (10) days' written
notification to the other party .
Section 11.3. Effect of Termination. If this Agreement is terminated pursuant
to this Article XI of this Agreement then this Agreement shall be null and void and
of no effect, and no action, claim, or demand may be based on any term or provision
of this Agreement; provided, that the Redeveloper shall have the continuing
obligation to reimburse the Authority for its costs as set forth in Sections 2.2(g) and
3.5 of this Agreement and, provided, that the Redeveloper's indemnification
obligations under Section 8.5 shall survive. In all other cases, every condition,
term, or other provision of this Agreement shall be in effect and shall be enforceable
against the parties to this Agreement, unless expressly stated or provided elsewhere
in this Agreement .
JHD61182
RC125-45 2~
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly
executed i ecut dine is name and behalf on or asoof theadate f rst abov ~e im n, to
be duly ex
THE HOUSING REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF RICHFIELD
By
Its Chairperson
By
Its Executive Director
RICHFIELD STATE AGENCY, INC.
By
Its
By
Its
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing,.;instrument was acknowledge ari efore me this day of
/~ ~~, by
the Chairperson 'arid Executive Director, respectively, of The Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, a public body
corporate and politic, on behalf of the City.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged a edfore me this day of
A 3~, by
the Wand ,respectively, of the Richfield State
Agency, Inc. , a corporation under the laws of the State of Minnesota.
Notary Public
JBD61182
RC125-45 21
SCHEDULE A
Descri tion of Redevelopment Property
Redevelopment Property:
[To be supplied prior to execution]
JHD61182
RC125-45 A ~ 1
SCHEDULE B
A a
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
LIMITED REVENUE TAX INCREMENT NOTE
The Housing and Redevelopment Authority In and for the City of Richfield
(the "Authority") , hereby acknowledges itself to be indebted and, for value
received, promises to pay to the order of Richfield State Agency, Inc. , a Minnesota
corporation, or its assigns, (the "Owner") , solely from the source, to the extent and
In the manner hereinafter provided, the principal amount.of, this. Note., :being Dollars
accrued from ~; ~''`~;at the rate
~~~~: < to ether with,interest.:thereon :..::::::::.:::.>.;>;;:.;;:.::.;;::.::.::.;:.;:.;>:::;;:.>:.;.:::.»»:<;::...~.::.;:.:::::.::::::::.
:::mn;d<::'~'w~~t>:::-1~x~::~~~~~t;;::~~~~t:(~`t;~5%) per annum (t e
of interest of ~~~:~~:,:.::.;:.;:.;;;;:>«.:<:«:;>:<:>::>:«:>:<:~•~....:;::;:.:.;:.;;::.:<.:;::.:;:.;:;:<:«.;:.;;~:::.>;::::::.;;: ~?`.::..::.::; :::.::::.:..:. .......:..~
"Stated Rate");~~~ori the Payment Dates (as hereinafter defined) or such greater
amount, if any, which the Authority is reguired;:to.l?ay in accordance with the terms
te. Interest accruin from fit`: ;;?!3~~~...~.,sha11 be..added.:to::principal on
of this No :.::.:~.:.::.:.::..:;, lam.
a semi-annual basis on each t1 and ~~b.a~~r..l until F,eb~ua.t' ~, ~,~1~~.
Each payment on this Note is payable in any coin or currency of the United
States of America which on the date of such payment is legal tender for public and
private debts and shall be made by check or draft made payable to the Owner and
mailed to the Owner at its postal address within the United States which shall be
designated from time to time by the Owner.
The Note is a special and limited obligation and not a general obligation of the
Authority, which has been issued by the Authority to aid in financing a "project",
as defined in Minnesota Statutes Section 469.174, of the Authority consisting
generally of defraying certain capital and administration costs incurred and to be
incurred by the Authority within and for the benefit of its Lyndale-HUB-Nicollet
Redevelopment District (the "District").
EXCEPT AS TO THE OBLIGATION TO MAKE PAYMENTS FROM TAX
INCREMENT, THE NOTE IS NOT A DEBT OF THE AUTHORITY, THE CITY OF
RICHFIELD, OR THE STATE OF MINNESOTA (THE "STATE"), AND NEITHER THE
AUTHORITY,' THE CITY OF RICHFIELD, THE STATE NOR ANY POLITICAL
SUBDIVISION THEREOF SHALL BE LIABLE ON THE NOTE, NOR SHALL THE NOTE
BE PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN AVAILABLE TAX
INCREMENT AS DEFINED BELOW.
Any payments on this Note which are due on any Payment Date shall be
payable solely from and only to the extent that the Authority shall have received as
of such Payment Date "Available Tax Increment." For the purpose of this Note,
"Available Tax Increment" means any Tax Increment received during the six month
period preceding /~ ~?' Payment Date, but not used to make any payment hereon as
of such Payment Date;~~~with respect to /~ x certain real property described..in the
..:...
attached.. Exhibit B ., /...hereinafter... /~, the: "Redevelo went Pro ert "/~ ~<~~x
......., :::.. .:.::.~ :::.::::::::::. P P Y ::.:.>:.>:
JHD61182
RC125-45 B-1
For the purposes of this Note, "Tax Increment" means the portion of the real
property taxes generated with respect to the said Redevelopment Property which is
remitted to the Authority commencing in as Tax Increment pursuant to Minnesota
Statutes §§ 469.174-469.179.
For purposes of this Note, a "Payment Date" shall mean each of the Scheduled
/~ Payment Dates set forth on Exhibit A attached hereto, /~ and each additional
Payment Date required in connection with any extension of the term of this Note as
set forth below, because of changes made in Minnesota Statutes § §469.174-469.179 .
/~., Authority shall pay to Owner the payments described herein up to a total of
$'~"~~1 but in no event in excess of $~~Q'~! To the extent that on any Payment
Date the Authority is unable to make ~~a payment from Available Tax Increment /~
equal to the A Scheduled Payment due on such date as a result of having received,
as of such date, insufficient Available Tax Increment, such failure shall not
constitute a default under this Note and, except as provided below, the Authority
shall have no obligation under this Note, or otherwise, to subsequently pay any such
deficiency. If, and only if, on any Payment Date there is insufficient Available Tax
Increment to make the /~ Scheduled Payment due on such date and such
insufficiency is a result of changes made in Minnesota Statutes § §469.174-469.179
subsequent to the date of the Contract for Private Redevelopment dated
between the Authority and the Owner (the "Redevelopment
Contract") , the amount of such deficiency in the A Scheduled Payment shall be
deferred and shall be paid with interest at the Stated Rate thereon, on the next
Payment Date on which the Authority has Available Tax Increment in excess of the
amount necessary to make the /~ Scheduled Payment due on such Payment Date, and
if such deficiency has not been paid in full by the final Scheduled /~ Payment Date
set forth on Exhibit A attached hereto, then the term of this Note shall be extended
to include additional successive Payment Dates /\ on which any Available Tax
Increment will be applied to the payment of such accrued and unpaid deficiencies in
the /~ Scheduled Payments to be made hereunder. In no case, however, shall the
term of this Note and the Authority's obligation to make payments: hereunder, extend
beyond the expiration of the Tax Increment District or }.~~?'~~gi`xwhichever
comes first .
This Note shall terminate and the Authority's obligation to make any payments
under this Note shall be discharged and the Authority shall have no obligation and
incur no liability to make any payments hereunder immediately upon the occurrence
of an Event of Default under the Redevelopment Contract, subject to the Notice and
cure provisions of the first sentence of Section 9.2 thereof .
This Note shall not be payable from or constitute a charge upon any funds of
the Authority or the City of Richfield, and the Authority shall not be subject to any
liability hereon or be deemed to have obligated itself to pay hereon from any funds
except the Available Tax Increment, and then only to the extent and in the manner
herein specified.
JSD61182
RC125-45 B-2
The Owner shall never have or be deemed to have the right to compel any
exercise of any taxing power of the Authority or the City of Richfield or of any other
public body, and neither the Authority or the City of Richfield nor any director,
commissioner, council member, board member, officer, employee or agent of the
Authority or the City of Richfield, nor any person executing or registering this Note
shall be liable personally hereon by reason of the issuance or registration hereof or
otherwise .
This Note shall be transferable or assignable, in whole or in part, by the
Owner without the prior written consent of the Authority; and the Owner may pledge
the payments hereunder to a lender or a successor purchaser of the project.
/~ IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have
happened, and to be performed precedent to and in the issuance of this Note have
been done, have happened, and have been performed in regular and due form, time,
and manner as required by law; and that this Note, together with all other
indebtedness of the Authority or the City of Richfield outstanding on the date hereof
and on the date of its actual issuance and delivery, does not cause the indebtedness
of the Authority or the City of Richfield to exceed any constitutional or statutory
limitation thereon.
IN WITNESS WHEREOF, the Board of Commissioners of the Authority has
caused this Note to be executed by the manual signatures of the Chairperson and the
Executive Director of the Authority and has caused this Note to be dated as of
Chairperson
Executive Director
SBD61182
RC125-45 B ~ 3
EXHIBIT A
SCHEDULED /~ PAYMENT DATES
AND AMOUNTS OF SCHEDULED PAYMENTS
JBD61182
RC125-45 B ~4
Scheduled /~ A Scheduled
Payment Dates Payments
EXHIBIT B
Description of Redevelopment Property
Redevelopment Property:
[To be supplied prior to execution]
JBD61182
RC125-45 B ~5
Exhibit C
:AMENDMENT TO ASSESSMENT AGREEMENT
AND ASSESSOR'S CERTIFICATION
THIS AMENDMENT dated this __._ day of , 1993 by and between the
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA, a public body corporate and politic ("Authority") and
RICHFIELD STATE AGENCY, INC., a Minnesota corporation ("Redeveloper").
WHEREAS, the Authority and the Redeveloper did, on December 13, 1983 enter
into an assessment agreement and assessor's certification ("Agreement" } in
accordance with the terms of a contract for the sale of land for private development
dated January 21, 1982 ("Contract 1"); and
WHEREAS, such Agreement established a minimum market value for the land
described in the Agreement ("Redevelopment Property") as shown in the attached
Exhibit A and the improvements to be constructed thereon in accordance with the
terms of Contract 1 of $5,039,831, all as fully set out in the Agreement which is
attached hereto as Exhibit B ; and
WHEREAS, the Agreement is currently in full force and effect; and
WHEREAS, the Redeveloper and Authority have entered into a subsequent
instrument entitled Contract for Private Redevelopment dated
1993
("Contract 2") which calls for additional improvements on the Redevelopment
Property to be completed not later than December 31, 1994; and
WHEREAS, the Authority and the Redeveloper desire to amend the Agreement
to establish the minimum market value for the Redevelopment Property as such will
be increased by construction of the improvements contemplated in Contract 2
pursuant to the provisions of Minnesota Statutes, § 469.177, subd. 8, a copy of
which is attached herewith as Exhibit C; and
JBD61358
RC125-45 1
WHEREAS, the Authority and the County Assessor for the City of Richfield
have reviewed the plans and specifications for the improvements contemplated in
Contract 2.
NOW, THEREFORE, the parties do hereby agree as follows:
1. From the date of this Amendment and until December 31, 1994 the
minimum market value for the land and improvements located on the
Redevelopment Property shall continue to be $5 , 039, 831.
2 . Commencing on December 31, 1994 and continuing for the term of this
Amendment, the minimum market value for the land and improvements
located on the Redevelopment Property shall be (see note)
3. Nothing in this Amendment shall limit the discretion of the County
Assessor for the City of Richfield or any other public official or body
having the duty to determine the Market Value of the Property for ad
valorem tax purposes, to assign to the Property and the Improvements
to be built thereon, Market Value in excess of the minimum Market Value
specified in this Amendment.
4. This Amendment shall inure to the benefit of and be binding upon the
parties hereto and their successors and assigns.
5. This Amendment shall remain in full force and effect until the last date
on which the Authority is entitled to receive tax increment from the
district.
6. This Amendment, upon being authorized and approved as required by
law shall supersede and replace the Agreement .
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF RICHFIELD, MINNESOTA
By
By
Its Commission Chair
Its Executive Director
RICHFIELD STATE AGENCY, INC.
_`
JBD61358
RC125-45
By -
Its
By -
Its
2
STATE OF MINNESOTA }
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1993, by and ,the Commission
Chairman and Executive Director, respective, on behalf of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, a public body
corporate and politic .
Notary Public
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
1993, by and ,
respectively, of Richfield State Agency, Inc. , a Minnesota corporation.
Notary Public
NOTE: This number will be $5,039,831 plus $1,600,000 minus the estimated market
value of the property upon which the new improvements will be situated. That
calculation will be made prior to execution.
JBD61358
RC125-45
Exhibit a
TRACT 1
Parcel a - All of Block 3 (escept Tracts 2 and 3) J. ~.
Hauser's additicn.
Parcel B - All of Block 2, J. N. Hauser's additicn.
Parcel C - x111 of Block 2, Lyndale Shores on Wood Lake.
Parcel D - Lots 24 and 25, Block 4, Lyndale Shores or.
Wood Lake.
T.gP,CT 2
Lots 6 and 7, Block 3, Lyndale Shores on Wood Lake and that
part of Lot 8, Block 3, Lyndale Shores on Wood Lake describe
as follows:
Beginninq.at the Southwest corner of Lot 8;
thence North 30 feet along the West Iine of
said lot; thence Southeasterly 50 feet more
or less on a straight line to a point on the
South line of said lot which is 40 feet from
the Southwest corner thereof; and thence 40
test along the South Line of said lot to the
Southwest. corner thereof and the point`of
beginning, according to the plat thereof on
file or on record in the office of t.'se Registrar
of Titles in and for Hennepin County.
TRACT 3
That part of Lot 1, Block 3, J. N. Hawser's Addition,
Hennepin County, Minnesota, described as follows: Begiari::c
at the Northwest corner of said Lot 1; thence East alonc_
the North line to the Northeast corner thereof; thence
South along the East line of said lot a distance of 54.95
feet; thence West to a point in the Westerly line of said
lot which point is Southwesterly from the point of beginning
a distance of 58.6 feet; thence Northeasterly along said
Westerly line to the point of beginning, excepting therefrc-
all that part of the above-described property lying Easter,
of the following described line: Beginning at a point on
the .forth line of the above-described property, said poin=
being 65.54 feet West of the :lortheast corner thereof, as
measured along the North lime thereof; thence ru.Zning
Southerly to a point in the'South line of the above-descri~e_
property said point being 65.07 feet West of the Southeast
corner of said property, as~measured along the South ii:e
thereof, subject to and together_wit.'~ a right of a joint
party wall the center-line of which is the East boundary
line of lands herein conveyed and the West line of lards
herein excepted and cost of repairing and maintaining sai~
common wall is to be borne equally by owners of lands
herein. conveyed and owners of land herein excepted.
Exhibit B
(Attachment to Exhibit C)
ASSESSME:JT AGREEMENT
AND
ASSESSOR'S CERTIFICATION
THIS AGREII~NT DATED THIS ~~ day of ~ ~i..~~-i 1983, by
aad between the Housing and Redevelopment Authority in and for
the City of Richfield, .Mi.-uzesota, a public body corporate and
politic (H:RA) and Richfield State Agency, Inc., a Minnesota cor-
poration (Developer)
WITNESSETH:
W~REAS, the HRA, the City of Richfield, and the Developer
have entered into a Contract for the Sale of Land for Private
Development, dated January 21, 1983, regarding the redevelopment
of certain real property located on the Lyndale-Hub-Nicollet
Redevelopment Project Area in the City of Richfield; and
WHEREAS, it is contemplated that pursuant to said Redevelop-
ment Contract the Developer will construct a commercial develop=
meat described as the Improvements in such Agreement to be com-
pleted by January 1, 1987; and
WHEREAS, the HRA and the Developer desire to establish
minimum market values for said land and the minimum improvements
to be constructed thereon during the time of the private devel-
opment, pursuant to Minn.Stat., Section 273.76, Subdivision 8;
l~
,
i
i
and
WHEREREAS, the HRA and the Richfield City Assessor have
reviewed the preliminary plans and specifications for the mir..imum
improvements which it is contemplated will be erected;
NOW T~REFORE, the parties do hereby agree as follows:
• ~~pon completion
1. (3sr-~sntraxy-~-- ~98-~, tha• minimum market value which
and Exh=~~=
shall be assessed for t'~e land described in Exhibit A attached
hereto shall be 55,039,831 - _
2. Nothing in t'~is Agreement shall limit the discretion of
the City Assessor of tl:e City of Richfield or any ot'~er public
official or body having t'~e duty to determine the Marke± Value of
~I the Property for ad valorem tax purposes, to assign to the Prcp-
I~ erty and the Improvements to be built thereon, Market Value in
excess of the minimum Market Value specified in this Agreement.
Exhibit B
(Attachment to Exhibit C).
3. The HRA and the Developer agree that they will, from
time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements .hereto and
such. further instruments as may reasonably be required for cor-
recting or clarifying any description of the property or to amend
the minimum market value.
4. Neither the preambles. nor the provisions of this Agree-
ment are intended nor shall they be const-rued as modifying t.~e
terms of the Development Contract between the HRA and the Deve1-
oper.
5. In the event-that the Developer shall elect to prepay
its obligation created in Section 5.I(a) of t'~e Redevelopme:t
Contract in the manner therein provided, then this Agreement and
the obligations contained herein shall be null and void upon such
prepayment. In such event, the HRA shall furnish the Developer
with sufficient documentation evidencing the termination of such
obligations.
6. This Agreement shall inure to the benefit and be bind-
ing upon the successors and assigns of the parties.
HOUSING AND REDEVELOPMENT AUTHORI'*Y
IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA
By
Thomas A. Morgan, r.
Its{~Acting Executive Director
By % 'I /.. .. ;l _ . 'i _ - ~
Thomas E. Harms
Its Commission Chairman
t
"{.
~ RICHFIELD STATE AGENCY
' gym -~'1..~L/r l~'/ ~~
Its ~,' u:
((''
Its / _ ~~ ,
Exhibit B
(Attachment to Exhibit C)
Na 100f?~{-Ce'dEu~e b Ackw~leAM~97 GTenne~ YYYr•Wti l.a Yie~aOelu, t1~sa
County of ....~~s'.1;~'-.- ....._ ~ On this...~.~..M.day of.--`••:~`'`•^_°~!'.:''--••-----~ 19G.=-.,
.......
ore ma, a...-1~%.(.',.'.1_, :............".:~~:_~..........__.................._.._.._.~fthin and for said County personally appeared
[_r-s~!tco_......~'.:.~.~.'.j~-rte.~!..C .....................:... ..an3...._l.:}c^..?... c....~5.:.!:".~..._.._-..~.-___..._.._......
to me~ersonally known, uho, Laing each by me duly acc~orn..__€.. ~.`!`~'_...dic~ say that they an rupeati,rxl
t)u ..-r~.Fw.rar.~ ..!-i~..r~~1...::..I:saaids~.t and tlu ....~ m~;;-?~_.......... ? ~ "~1..:'^~-----._---•°y
~"^~.^" ~~{~-csC~+~. ~ { „"" ~~/.....~... ~* C"i'r"..CiC corporation named in taw
i fore,Qotn.~ instrument, and that the Real n fused to said inatru is the corporate anal o said corporation,
and that said instrument waa signed and sealed in behalf of said oorporatzon by authority of itr Board
of~.^~.>.~.5..-^•-!.:.t~_.-....-.._...._._...~nd said......L1r..:^!:1~.-_!Z.~-M.cN~~'? J ~• _ .and
! ......_ ..................
1 :%'_'2w .._,~..~a.^,~!!"s ..........••°°~~''~~led~ed said `nstruinen,t to ba the frea act ased deed of said-
',:~_ }~ noraer rtsue-a~aoe>, Notary Public..-..._...__~ county.
MENt.[EPW COUNTY
Mr Cu~n.yoe E,aor.. so-.; uet My oantmiuion espiru...._ _ IB..--
Ne t00f~Ceetlt<ua d Aekae.iad~ot~lf Ce~9oratiye~
ez~aLL YL ~r,nn ~. ~~:.~.....
_.._~.__
. u.
County of ._..,._.., w~ •- -- ~. on thi.....~3~ day of. /e°~. t~...,.__ ~'`~
CaunEy personally appeared
_ .~.~.~,-..._ - __~-.~.y
Mme Personally known, mho, being each. by me duly aoorn,~ r'--~ a;,~ sa that ara •-
tl~e.___ .Pruident and tha..-_~.~ •f ~~ ~ ~e6~'el~
and tohat instrument, acid thdt the seal a fJised to said instrument is the aorpo~rate n4•~ in the
said instrument was ai ned and sealed in behalf of said f OOrJDO1Q't''On,
ttc~+.o Q W • ~. °O1PO1~On• bll autlwr•ity of its Board
Of.... .....r..._-.~.--..._..~..- ^ r
i .lOFiN 8.OEAq ;r\ ~ Instrument to be the free act and deed of said
L r.~s~ sr3Tiisn wsstsa ~~ow --'~~y3
Leh e4M~ iii °~~ Prs/buo.. /'oun~y
y oomsriusron espirey._ 28.--
Exhibit B
' (Atta.chment to Exhibit C)
•f' ~ - ~
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Agreement with Rsa, Ex.'~~' it B,
List of parcels included in
Tzact 1 along with E21V, .January 2, 1981..
LBrT Parcel E,~ ~~
.Jo . Land B uild i.~ c
84 28,-000 26,000, Sager
85 24,000. 76,,000
86 350,000 1,885,000
87
88 48,000 77,000
89 51,000 -0-
90 128,000 12,000
91 23.000- -0-
92- 18,000 40,000-
93 21.000 -0- -
- 94 22,000 58,000
95 40,000 400,000
96 32,000 8,000
97 18,000 ~ 38,200
• 98 18,000 35,100
99 16,400 32,300
100. 16,400 33,800
~IOI 16,600 25,.400
102 16,500 29,900
103 16,600 34,700
~, 903,500 2,811,400 3,714,;~~
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TRACT 1
Exhibit A
(Attachment to Exhibit B)
Parcel A - All of Block 3 (except Tracts 2 and 3) J. :7.
Hauser's Addition.
Parcel B - All of Block 2, J. N. Hauser's Addition.
Parcel C - All of Block 2, Lyndale Shores on Wood Lake.
Parcel D - Lots 24 and 25, Block 4, Lyndale Shores on
Wood Lake.
TRACT Z
Lots 6 and 7, Block 3, Lyndale Shores on Wood Lake and that
part of Lot 8, Block 3, Lyndale Shores on Wood Lake describe
as follows:
Beginning_at t2se Southwest corner of Lot 8;
thence North 30 feet along the West line of
said lot; thence Southeasterly 50 feet more
or less on a straight line to a point on the
South line of said lot which is 40 feet from
the Southwest corner thereof; and thence 40
feet along the South line of said lot to the
Southwest corner thereof and the point of
beginning, according to the plat thereof on
file or on record in the office of the. Registrar
of Titles in and for Hennepin County.
TRACT 3
That part of Lot 1, Block 3, J. N. Hauser's Addition,
Hennepin County, Minnesota, described as follows: Beginning
at the Northwest corner of said Lot 1; thence East alona_
the North line to the Northeast corner thereof; thence
South along the East line of said lot a distance of 54.95
feet; thence West to a point in the Westerly line of said
lot which point is Southwesterly from the point of beginning
a distance of 58.6 feet; thence Northeasterly along said
Westerly line to the point of beginning, excepting therefrom
all that part of the above-described property lying Easter'_y
of the following described line: Beginning at a paint on
the North line of the above-described property, said point
being 65.54 feet West of the Northeast corner thereof, as
measured along the North lia_e thereof; thence running
Southerly to a point in the'•South line of the above-describes
property said point being 65.07 feet West of the Southeast
corner of said property, as~measured along the South line
thereof, subject to and tog~ther_wit.'i a right of a joint
party wall the center line of which is the East boundary
line of lands herein conveyed and the West line of lands
herein excepted and cost of repairing and maintaining said
common wall is to be borne equally by owners of lands
herein conveyed and owners of land herein excepted.
Exhibit B
(Attachment to Exhibit C)
CERTIFICATION 3Y CITY ASSESSOR
' The undersigned having reviewed the plans and specificatiors
for the improvements to be const-~-ucted -and the market value
assigned to the land upon which the improvements are t~o be con-
st~~-~ucted and. being of the opinior. that the minimum market value
contained in the foregoing Agre~:~ent appears reasonable, rereby
certifies as follows:
The undersigned Assessor for t.~e City of Richfield, being
legally responsible.. for t.~ie assessment of the above-described
property hereby cert' ies that the market value assigned to such
upon completion shall
land and . improveme ts -t-~r-e~~-s~~a~~-oF:-~:~ .~~-?r--b~~,- not be
less than 35,039.,831
i %~
Cif Assessor f r LZt Ci ~y
of Richfield, Minnesota
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EXHIBIT C
to Amendment
Section 469.177, subd. 8. Assessment Agreements. An authority may enter
into a written assessment agreement with any person establishing a minimum market
value of land, existing improvements, or improvements to be constructed in a
district, if the property is owned or will be owned by the person. The minimum
market value established by an assessment agreement may be fixed, or increase or
decrease in later years from the initial minimum market value. An assessment
agreement terminates on the earliest of the date on which conditions in the
assessment agreement for termination are satisfied, the termination date specified
in the agreement, or the date when tax increment is no longer paid to the authority
under section 469.176, subdivision 1. The assessment agreement shall be presented
to the county assessor, or city assessor having the powers of the county assessor,
of the jurisdiction in which the tax increment financing district and the property
that is the subject of the agreement is located. The assessor shall review the plans
and specifications for the improvements to be constructed, review the market value
previously assigned to the land upon which the improvements are to be constructed
and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute
the following certification upon the agreement:
The undersigned assessor, being legally responsible for the
assessment of the above described property, certifies that the market
values assigned to the land and improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office
of the county recorder or the registrar of titles of each county where the real estate
or any part thereof is situated. The assessor shall value the property under section
273.11, except that the market value assigned shall not be less than the minimum
market value established by the assessment agreement. The assessor may assign a
market value to the property in excess of the minimum market value established by
the assessment agreement. The owner of the property may seek, through the
exercise of administrative and legal remedies, a reduction in market value for
property tax purposes, but no city assessor, county assessor, county auditor,
board of review, board of equalization, commissioner of revenue, or court of this
state shall grant a reduction of the market value below the minimum market value
established by the assessment agreement during the term of the agreement filed of
record regardless of actual market values which may result from incomplete
construction of improvements, destruction, or diminution by any cause, insured or
uninsured, except in the case of acquisition or reacquisition of the property by a
public entity. Recording an assessment agreement constitutes notice of the
agreement to anyone who acquires any interest in the land or improvements that is
subject to the assessment agreement, and the agreement is binding upon them.
JHD61358
RC125-45
CERTIFICATION BY ASSESSOR
The undersigned having review the plans and specifications for the
improvements to be constructed and the market value assigned to the land upon
which the improvements are to be constructed and being of the opinion that the
minimum market value contained in the foregoing Amendment appears reasonable,
hereby certifies as follows
The undersigned County Assessor for the City of Richfield, being legally
responsible for the assessment of the above described property hereby Certifies that
the market value assigned to such land and improvements shall from the date of the
Amendment and until December 31, 1994 not be less than $5,039,831; and from
December 31, 1994 until the termination of this Amendment shall not be less than
County Assessor for the City of
Richfield, Minnesota
JBD61358
RC125-45
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No.46
~~ Agenda November 15, 1993
Issue Statement•
Monitoring the status of blighted housing and encouraging its
reduction.
Background:
The HRA has facilitated scattered site single family housing
development since 1978. The Comprehensive Plan at that time
identified areas of blighted housing. Refer to the attached "Housing
Condition Map" taken from the Comprehensive Plan. Between 1978 and
1993 the HRA has been responsible for clearing approximately 58
properties of substandard conditions. New homes were developed
through the New Home, Vo-Tech and Richfield Rediscovered Programs.
In the formulation of the Richfield Rediscovered program in 1990,
staff relied on a computer generated listing of single family homes
valued at $55,000 or less. This proved to be a quick and accurate
process to identify potentially blighted housing.
Attached is a map representing housing performance since 1978-and
potentially blighted, housing conditions as of 1992.
Staff was able to identify the 1992 properties by again preparing a
computerized listing. It was observed that there is a declining
number of blighted properties given new construction. However, it
was also observed that some additional properties have become
substandard, and that some properties experienced small increases in
value, removing them from the list but not resolving their blighted
conditions.
The following summarizes the status of blighted housing and possible
program responses as of November 1993:
• Approximately 130 substandard garage homes and cottages are
presently listed as valued at less than $55,000.
• This low property value has consistently been verified in the
field to represent blighted conditions. Field experiences are
further described in the attached "Summary of Housing Conditions."
• Program experience also indicates that while this is a
comprehensive list, other substandard cottages and garage homes
exist that may have values slightly higher than $55,000. This
includes six "problem properties" identified by Public Safety.
• Approximately 45 properties had values slightly less than 555,000
in 1990 and have increased in value to slightly more than $55,000
in 1992.
• Adding the 1990 drops due to value in excess of $55,000 (45) and
1992 properties valued at less than $55,000 (130) results in a sum
of approximately 175 possible redevelopment sites.
• Sellers have voluntarily offered 26 of the 175 properties this
fall for staff to evaluate. An inquiry to all 175, as to their
interest in selling, would probably generate additional offers.
• It would cost approximately $350,000 to purchase and redevelop six
properties at 558,000 per property utilizing existing staff and
development fund resources.
• It would cost approximately 510,150,000 to acquire all 175
properties identified as potentially blighted.
• Staff has compiled a list of 120 potential buyers of new homes.
• In addition, 23 New Ford Town households indicated an interest in
new construction during the October 19, 1993 Metropolitan Airport
Commission open house. (This is a very preliminary expression of
interest.)
Recommended Motion:
Adopt a motion in response to this information directing staff to:
1. Proceed with a solicitation of all 175 owners to expand the list
of potential new construction sites.
2. Conduct a more systematic survey of New Ford Town households to
determine their interest in new construction.
3. Return to the HRA in February with a list of available properties
for .redevelopment and the amount of resources required for funding
additional property purchase and resources available.
Basis of Recommendation:
1. Further reductions in the number of substandard homes could be
made.
2. The general demand for building sites exceeds the supply.
3. Additional acquisitions may assist New Ford Town residents seeking
to relocate with new construction.
4. The supply of sites is limited because of funding.
Alternative Recommendation:
Continue to provide approximately six development opportunities
annually with an allocation of development fund program monies.
Decision/Discussion Mode:
Authorization to proceed would permit staff to submit a
recommendation in February so that another cycle could be initiated
in the spring of 1994.
Respect ully submitted,
James Prosser
Execu ve Director
JDP:ds
Summary of Housing Conditions
(Updated to November, 1993)
This summary represents and describes the wide variety of blighted,
substandard, and obsolete housing conditions that are observed when
evaluating properties.
Over half of the homes inspected are usually located on the back of
the lot or have other insufficient setbacks. The average size of
the homes is usually -less .than 700 square feet. This is
significantly smaller than the average Richfield home at 930 square
feet. Property conditions vary widely. Some houses are vacant and
not habitable. Other homes are in substandard condition and/or
obsolete in design and use. Below are examples of specific
conditions noted:
Uninhabitable Structures
• Collapsed roof. causing extensive water damage, animal and insect
infestation, mold and fungus growing on carpet and walls.
• Essential structural support members rotted causing threat of
collapse in portion of house.
• No subfloor under kitchen sink area, only dirt. This is
unsanitary and neither weather or rodent proof.
• A bathroom area created in a back hallway. The shower area
consists of plastic sheeting fastened to the wall with duct
tape. An uncleanable plywood sub floor is also not moisture
resistant and there is no bathroom sink.
Substandard Structures
• Space heaters as the only source of heat causing insufficient
heat distribution. Properties with space heaters are not
eligible for FHA, VA or conventional mortgage financing.
• Siding, trim and soffit areas with extensive deterioration and
rot. A significant amount of trim and siding would have to be
replaced just to provide a nailing surface for vinyl or aluminum
siding.
• Improper construction framing methods have caused sagging
floors, buckling walls, and functional problems with doors and
windows. Joists are undersized and over spanned, joists and
beams have been cut and not supported, and joists which were
embedded in the concrete foundation are now rotting.
• Hazardous electrical and plumbing system problems; plumbing not
vented allowing sewer gases into the house; flexible waste and ~~,
gas lines are used which are prone to leaking; extensive use of
extension cords and improperly installed wiring create safety
and fire hazards.
Obsolete Structures
• Small cellar type basements with steep, narrow stairway access.
Standard laundry appliances are too large for stairway openings.
In one home, a three foot section of a main support beam had been
cut out to allow room for a small freezer to be moved into the
cellar. The support was never repaired and the main .beam is
starting to twist causing structural problems.
• Limited or no storage area. The absence of cellar and attic
storage is common. Closet space is minimal and in some cases no
closets exist.
• Limited food preparation and storage. Small kitchens do not
accommodate the size of today's standard appliances. Counter and
cupboard space have been forfeited for standard ranges and
refrigerators.
• No dining area in kitchen or other room. Small living areas have
insufficient room for a dining table. Families, instead, eat in a
make shift manner in the living room.
• Inefficient room layout requires that bedrooms be passed through
to access the bathroom. In one instance, a bedroom must be passed
through to enter a second bedroom.
• Bedroom size does not accommodate a standard bed and dresser. As
a result, sleeping spaces have been created in cellars or attic
areas which do not have adequate ceiling height, light and
ventilation, or egress.
It is difficult to evaluate homes based only on exterior conditions.
A cute cottage home from the street may actually be uninhabitable
inside. A home with poor exterior maintenance and conditions may
actually be neat, clean and repaired inside. Discussions with
homeowners during the inspections. indicated their strong interest in
selling through the Richfield Rediscovered Program. Generally,
owners perceive difficulty in selling in the marketplace because:
• Homes cannot be conventionally financed; contract for deed, seller
financing is usually required.
• Owners desire cash which can be used for a replacement dwelling.
• Many repairs are needed and owners are reluctant to incur further
out of pocket expense for a home that doesn't provide pay back to
the investment.
• A savings can be realized, minimal closing costs and no realtor
fees result by participating in the HRA program..
• Owners are tired of substandard and inefficient housing and "want
out."
• The homes are the least desirable in the market place and owners
would prefer to rent the substandard dwelling to someone else than
stay.
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HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 45
Agenda November 15, 1.993
Issue Statement•
The HRA Board position of Secretary is currently vacant.
Backaround•
Commissioner Wozniczka was elected to the position of Board
Secretary in January. His term as a Commissioner expired October
31, 1993 and he was not reappointed. The term of Secretary is
one year.
Recommended Motion:
The Board should select a Secretary to fill the unexpired term.
Basis of Recommendation:
1. The Bylaws of the HRA, Article III, Section 10 state as
follows:
"Should the office of Chairman, Vice-Chairman or Secretary
become vacant, the Authority shall elect a successor from its
membership at the next regular meeting, and such election
shall be for the unexpired term of said office."
2. There is an unexpired term for the balance of 1993 for the
position of Secretary.
Alternative Recommendation:
None
DiscussionfDecision Mode:
The November meeting is the appropriate time to fill the
unexpired term.
submitted,
Jamey. Prosser
Executive Director
JDP:ds