05-20-2019 Complete AgendaSPEC IAL C O N C U R R E N T C IT Y C O U N C IL AN D H O U SIN G AN D R ED E V E LO PMEN T
AU TH O R ITY W O R K SESSIO N
R IC H F IE L D MU N IC IPAL C E N TE R, B AR TH O LO ME W R O O M
MAY 20, 2019
5:30 P M
C all to order
1.Redevelopment P riorities
A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9738.
AGENDA SECTION:Work Session Items
AGENDA ITEM #:1.
WORK SESSION REPORT
SPECIAL CONCURRENT CITY COUNCIL AND
HOUSING AND REDEVELOPMENT AUTHORITY
WORK SESSION
5/20/2019
REPORT PREPARED BY:John Stark, HRA Executive Director/
Community Development Director
5/15/2019
CITY MANAGER REVIEW :Katie Rodriguez, City Manager
5/16/2019
ITEM FOR WORK SESSION:
Redevelopment Priorities: Why, What, When, Where?
EXECUTIVE SUMMARY:
Community Development staff will facilitate a discussion related redevelopment priorities in
the City. The agenda for the evening will be as follows:
5:15-5:30 Food served
5:30-5:45 Introductory Presentation
5:45-5:55 “Why do we redevelop?” exercise
5:55-6:20 Analysis of potential priority topics & redevelopment areas :
Cedar Avenue Corridor
Penn Avenue Corridor
East 66th Street Corridor
494 Corridor
Downtown Richfield
Housing needs (e.g. townhomes, accessible housing, supportive
housing, apartment rehab., market rate rental)
Missing uses (e.g. creative space,entertainment-oriented, light
industrial, brew pub/tap room)
6:20-6:45 Prioritization exercise
6:45-6:55 Recap/wrap-up
DIRECTION NEEDED:
The intent of this work session is to establish a shared set of priorities, based on the newly
adopted Comprehensive Plan, for the next 12-18 months.
PRINCIPAL PARTIES EXPECTED AT THE MEETING:
Community Development staff
R E G U LAR H O U S IN G AN D R E D E V E LO P ME N T AU TH O R ITY ME E TIN G
R IC H F IE L D MU N IC IPAL C E N TE R, C O U N C IL C H AMB E R S
MAY 20, 2019
7:00 P M
C all to Order
Approval of the Minutes
A pproval of the minutes of the: (1) S pecial concurrent C ity C ouncil and Housing and Redevelopment A uthority meeting
of A pril 15, 2019; (2) Regular Housing and Redevelopment A uthority meeting of A pril 15, 2019; and (3) S pecial
concurrent C ity C ouncil, Housing and Redevelopment A uthority, and P lanning C ommission work session of May 7,
2019.
AG E N D A APPR O VAL
1.A pproval of the A genda
2.Consent Calendar contains several separate items which are acted upon by the H R A in one motion.
Once the Consent Calendar has been approved, the individual items and recommended actions have
also been approved. No further H R A action on these items is necessary. However, any H R A
Commissioner may request that an item be removed from the Consent Calendar and placed on the
regular agenda for H R A discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A .C onsider adoption of a resolution authorizing the Housing and Redevelopment A uthority to affirm the
monetary limits on statutory municipality tort liability.
S taff Report No. 18
B .C onsider adoption of a resolution authorizing execution of a D evelopment A greement with the
West Hennepin A ffordable L and Housing Trust, dba Homes W ithin Reach, for the acquisition, rehabilitation
and sale of houses under the New Home P rogram utilizing F ederal F iscal Year 2018 C ommunity
D evelopment B lock Grant funds.
S taff Report No. 19
C .C onsider adoption of a resolution approving an A ssumption A greement between NHH C ompanies, L L C ,
C edar P oint Investments L L C , and the Housing and Redevelopment A uthority.
S taff Report No. 20
D .C onsider adoption of a resolution adopting a modification to the Tax Increment F inancing P lan for the
Lyndale Gardens Tax Increment F inancing D istrict.
S taff Report No. 21
3.C onsideration of items, if any, removed from C onsent C alendar
P U B LIC H E AR IN G S
4.C ontinuation of a public hearing from A pril 15, 2019 and consider adoption of a resolution authorizing the sale of
6310 Irving Avenue S outh to Twin C ities Habitat for Humanity and the approval of a C ontract for P rivate
D evelopment for the construction of a single family home.
S taff Report No. 22
5.P ublic hearing and consider adoption of a resolution approving a C ontract for P rivate D evelopment with M W F
P roperties for redevelopment of the C ity Garage S outh site at 7700 P illsbury Avenue S with 55 units of affordable
workforce housing.
S taff Report No. 23
H R A D IS C U S S IO N ITE MS
6.HRA D iscussion Items
E X E C U T IV E D IR E C TO R R E P O R T
7.E xecutive D irector's Report
C LAIMS AN D PAYR O L LS
8.C laims and P ayrolls
9.A djournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING MINUTES
Richfield, Minnesota
Special Concurrent City Council and
Housing and Redevelopment Authority
Work Session
April 15, 2019
CALL TO ORDER
The work session was called to order by Chair Supple at 5:45 p.m. in the Bartholomew Room.
HRA Members Mary Supple, Chair; Pat Elliott; Maria Regan Gonzalez; and Sue Sandahl.
Present:
HRA Members Erin Vrieze Daniels.
Absent:
Council Members Maria Regan Gonzalez, Mayor; Mary Supple; Edwina Garcia; and Simon
Present: Trautmann.
Council Members Ben Whalen
Absent:
Staff Present: Katie Rodriguez, City Manager; John Stark, HRA Executive
Director/Community Development Director; Julie Urban, Housing Manager;
and Kate Aitchison, Housing Specialist.
Item #1
DISCUSS EMERSON LANE HOUSING PROPOSALS
Housing Manager Julie Urban provided an introduction to the topic. Housing Specialist Kate
Aitchison provided an overview of the memo distributed on April 11th, 2019.
Executive Director Stark added that each scenario discussed needs more work and research,
but until there is more guidance from policymakers, staff is unwilling to undertake further expenses.
Additionally, in terms of financing there is more work that needs to be done to ensure that the site can
support housing at these price points, on the part of the developer and the city.
Housing Manager Urban provided a simple pro/con overview of each development scenario
for 1-, 2- or 5-home scenarios on the property.
Councilmember Trautmann asked for clarification on the per lot subsidy. Chair Supple
responded and clarified how the subsidy per lot was reached.
Executive Director Stark noted that while this property was originally purchased for three
Richfield Rediscovered homes, the extraordinary costs of the infrastructure improvements on the site
do not make it feasible to recommend three or four homes on the site.
Special concurrent Council and HRA Work Session -2- April 15, 2019
Commissioner Sandahl asked about the tax values that the City/HRA could expect from new
homes on the site. Housing Specialist Aitchison stated that the estimated taxes to the City and HRA
would be approximately $2,050 per home, annually, based on a home value of approximately
$330,000.
Commissioner Elliott asked if an appraisal as originally done at the time of acquisition.
Housing Manager Urban stated that yes, an appraisal had been conducted.
Commissioner Elliott asked if any other uses have been considered for the property. Housing
Manager Urban responded that staff has reached out to other departments and the Minnesota
Department of Transportation (MnDOT), but there have been no other entities interested in the
property. The acquisition of the property was always intended for the Richfield Rediscovered program.
Commissioner Elliott asked why 3 or 4 homes were not being discussed. Housing Manager
Urban and Executive Director Stark clarified that the HRA would be required to further subsidize the
project in a scenario where 3 or 4 homes were to be built, so staff had eliminated those scenarios
from consideration. (29:30)
Councilmember Garcia stated she understands that the purpose of the purchase of the
property was to replace housing units that were previously lost.
Chair Supple asked about stormwater management on site, and how it would be monitored to
ensure it doesn’t negatively impact the neighbors. Housing Manager Urban explained that stormwater
management is always reviewed, in Richfield Rediscovered and with all developments. This is either
addressed in the Administrative Review Committee (ARC) process, or in the Building Permit process.
A Stormwater Management Plan would also likely be required as part of a 5-home scenario.
Chair Supple also inquired about the widening of Emerson Lane as part of a development.
Housing Manager Urban responded that it would be discussed during the ARC process with input
from various departments.
Commissioner Sandahl asked about the adjacent land to the west and north, and whether it
was owned by MnDOT. Housing Manager Urban responded that it is owned by MnDOT, and the city
will need to address the long, narrow section to the north of the site.
Mayor Regan Gonzalez stated that she had been on the property. She asked if it would be
possible to develop two higher-valued homes and a third lot that would be sold as vacant land to an
adjacent neighbor. Housing Manager Urban stated that it could be considered, but that it would
depend on the proposal and the site plan.
Chair Supple asked about the procedure for another party submitting a proposal for
development of the site. Executive Director Stark explained the process for existing programs, and
stated that if the neighbors are interested they should contact the city and put something together.
Staff would put some timeframes on the process.
Councilmember Trautmann clarified that it would be a scheduled timeline for a proposal with
clear parameters for moving forward. Executive Director Stark responded that yes, staff would review
proposals and provide a timeline.
John Powell, 6800 Emerson Lane, spoke on behalf of the neighbors. The neighbors stated
that they understand that housing is important to the city, and that there should be thoughtful
consideration for the best use of the property. They questioned whether developing five homes would
be consistent with the nearby lot sizes and character of the existing neighborhood. The neighbors feel
like the two-home scenario would allow current residents the opportunity to buy a larger home and
Special concurrent Council and HRA Work Session -3- April 15, 2019
remain residents. They stated that they have reached out and talked with contractors about the costs
to develop the property. They stated they were hearing numbers of $500,000-$600,000, which is
higher than what is being presented. The neighbors asked why Lynwood Blvd is zoned differently than
Emerson Avenue and Emerson Lane.
Housing Manager Urban stated that she believes it is because the lots on Lynwood Blvd are
larger, and that the lots on Emerson Avenue are not large enough to justify the different type of
zoning.
Mr. Powell asked about ongoing costs for road maintenance for the new public road, and/or
the widening of Emerson Lane. He also stated the neighbor’s concerns about increased traffic on the
roads, and whether any pedestrian safety improvements would be added as part of the development.
There are also concerns about parking overflow onto Emerson Avenue or Emerson Lane.
Chair Supple moved the conversation to the policy questions of: 1) Is housing the appropriate
use for this site, and 2) If housing is appropriate, what number of homes do you support?
Commissioner Sandahl stated her support for housing on this site, as it wouldn’t be
appropriate under another use. She stated her support for the development of 5 homes, as it provides
the best return on investment for the HRA, and the most opportunities for housing. She stated her
understanding of the concern shown by the neighbors. She stated that this development could be
seen as part of a new neighborhood, and would be a good place for people to live.
Councilmember Trautmann read a statement provided by Councilmember Whalen who wasn’t
in attendance.
Councilmember Garcia stated she agrees with Commissioner Sandahl, but that we do need to
work to accommodate the neighbors, while still providing housing opportunities in this tight housing
market. She stated her belief that the land needs to be used for housing.
Councilmember Trautmann asked for staff input on the financial responsibility of the city for
development costs on the lot, especially in the case of over-runs. Executive Director Stark responded
that the estimated development costs are estimates at this point. It is difficult to predict any specific
requirements on these elements from a preliminary plan. Executive Director Stark stated that a public
conversation would be had if the HRA was being asked to contribute more to the development of the
property. He also stated that the Public Works department hasn’t shown any concern over the
maintenance of additional public road on this site.
Councilmember Trautmann stated he is still concerned about the unknown costs of this
property, and would also like to keep in mind the goals of the city’s Inclusionary Housing Policy as we
evaluate each site.
Mayor Regan Gonzalez stated that she supports housing on the site. She stated she doesn’t
feel like there is enough information available to decide whether or two or five homes would be most
appropriate. She stated her desire to understand the feasibility of a two-home proposal at a higher
price-point, or a proposal for three lots, with one lot being sold as vacant land to the neighbor. She
stated her support for giving the neighbors a chance to put forward a proposal.
Executive Director Stark explained the appraisal process and how it would take into
consideration the land use and development costs.
Commissioner Elliott stated the site seems to be a good place for two higher-valued, larger
homes.
Special concurrent Council and HRA Work Session -4- April 15, 2019
Executive Director Stark clarified the difference in road infrastructure for the two- or five-home
scenarios. A private driveway would be required for the two-home scenario versus a full public road
that would be required for the five-home scenario.
Chair Supple stated her support for housing on the site. She stated that the two-homes
scenario seems like a better fit, if there is a feasible proposal for it. She stated she could support five
homes if that is the only feasible proposal, but that 1, 3 or 4 homes would not be acceptable.
Councilmember Trautmann encouraged those interested to possibly work together on the
development of this property.
Commissioner Elliott asked if the HRA could potentially sell land to remain vacant, or if that
would be in violation of our Comprehensive Plan. Executive Director Stark stated that the HRA could
make that decision if a proposal came before them with a different type of land use.
Councilmember Trautmann stated his concern that the costs would increase and the HRA
would be responsible for those added costs. Housing Manager Urban stated that a Development
Agreement would be negotiated as part of the HRA’s approval for the land sale, and would address
the possibility of additional costs and the responsibilities of the developer and the HRA.
Executive Director Stark stated that the purpose of the work session is to narrow down what
we should explore further.
Commissioner Sandahl clarified that housing seems to be the unanimous decision, and
appreciated Mr. Whalen’s comments. She stated her support for the HRA to act in a fiscally-
responsible manner.
Executive Director Stark reviewed the conversation and stated he understands that staff would
continue to look at housing on the site, and would accept proposals for 2- or 5-homes. If the neighbors
are interested in putting forward a proposal, they need to come in with a plan for the development of
2- or 5- homes. Staff will continue to look at both scenarios at this point.
Chair Supple thanked Dustin Endres with Endres Custom Homes, along with the neighbors
and staff for all the work done on this proposal and for the development of the property.
ADJOURNMENT
The work session was adjourned by unanimous consent at 6:58 p.m.
Date Approved: May 20, 2019
Mary B. Supple
HRA Chair
Kate Aitchison John Stark
Housing Specialist Executive Director
HOUSING AND REDEVELOPMENT
AUTHORITY MEETING MINUTES
Richfield, Minnesota
Regular Meeting
April 15, 2019
CALL TO ORDER
The meeting was called to order by Chair Supple at 7:03 p.m. in the Council Chambers.
HRA Members Mary Supple, Chair; Pat Elliott; Maria Regan Gonzalez; and Sue Sandahl.
Present:
HRA Members Erin Vrieze Daniels.
Absent:
Staff Present: John Stark, Executive Director; Julie Urban, Housing Manager; and Kate
Aitchison, Housing Specialist.
APPROVAL OF THE MINUTES OF THE: (1) REGULAR HOUSING AND REDEVELOPMENT
AUTHORITY MEETING OF JANUARY 15, 2019; (2) SPECIAL CONCURRENT CITY COUNCIL,
HOUSING AND REDEVELOPMENT AUTHORITY, AND PLANNING COMMISSION WORK
SESSION OF FEBRUARY 11, 2019; (3) REGULAR HOUSING AND REDEVELOPMENT
AUTHORITY MEETING OF FEBRUARY 19, 2019; AND (4) SPECIAL CONCURRENT CITY
COUNCIL, HOUSING AND REDEVELOPMENT AUTHORITY, AND PLANNING COMMISSION
MEETING OF MARCH 26, 2019.
M/Regan Gonzalez, S/Sandahl to approve the Regular Housing and Redevelopment
Authority meeting of January 15, 2019; Special concurrent City Council, Housing and
Redevelopment Authority, and Planning Commission work session of February 11, 2019; Regular
Housing and Redevelopment Authority meeting of February 19, 2019; and Special concurrent City
Council, Housing and Redevelopment Authority, and Planning Commission meeting of March 26,
2019.
Motion carried 4-0.
Item #1
APPROVAL OF THE AGENDA
M/Elliott, S/Sandahl to approve the agenda.
Motion carried 4-0.
Item #2
CONSENT CALENDAR
HRA Meeting Minutes -2- April 15, 2019
Executive Director Stark presented the Consent Calendar:
A. Consider the approval of a proposed adjustment of payment standard for the Section 8
Rent Assistance voucher program. (S.R. No. 14)
B. Consider the approval of a Right of Entry Agreement with Twin Cities Habitat for
Humanity for 6310 Irving Avenue. (S.R. No. 15)
M/Sandahl, S/Regan Gonzalez to approve the consent calendar.
Motion carried 4-0.
Item #3
CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM CONSENT CALENDAR
None.
Item #4
CONTINUE A PUBLIC HEARING TO CONSIDER THE SALE OF 6310 IRVING
AVENUE TO TWIN CITIES HABITAT FOR HUMANITY FOR THE CONSTRUCTION
OF A SINGLE-FAMILY HOME. (S.R. NO. 16)
Housing Specialist Kate Aitchison presented Staff Report No. 16.
M/Sandahl, S/Regan Gonzalez to continue the public hearing for the sale of 6310 Irving
Avenue to Twin Cities Habitat for Humanity to May 20, 2019.
Motion carried 4-0.
Item #5
CONSIDER REVISIONS TO THE INCLUSIONARY HOUSING POLICY WITH
REGARDS TO HOUSING AND REDEVELOPMENT SCATTERED-SITE
PROGRAMS. (S.R. NO. 17)
Housing Manager Julie Urban presented Staff Report No. 17.
M/Supple, S/Regan Gonzalez to adopt a revised Inclusionary Housing Policy, clarifying
language relating to the Housing and Redevelopment Authority's scattered-site housing programs.
Commissioner Elliott asked for clarification on the calculation of TIF financing and net
present value for the broader Inclusionary Housing Policy. Executive Director Stark responded that
the city has been consistent in how it calculates TIF estimates, and that while the Inclusionary
Housing Policy is a new written policy, it has informally been the policy for the past 25 years.
Commissioner Elliot also asked for clarification on the formulas for contributions in lieu of
affordable housing, in redevelopment scenarios where there is not a housing component. Staff
explained the process that would occur in those scenarios, and how a contribution would be
brought forward to policymakers. The funds would be put into the Housing and Redevelopment
Fund, and any use of the funds would have to fall under the state statutes that guide those funds.
Commissioner Regan Gonzalez stated her support for the revisions to the policy.
HRA Meeting Minutes -3- April 15, 2019
Commissioner Sandahl and Chair Supple also stated their support for the revisions to the
policy.
Motion carried 4-0.
Item #6
HRA DISCUSSION ITEMS
Chair Supple described the policymaker’s tour of the Chamberlain Apartments, which are
currently under construction. The building will include 15 accessible apartments. The tour also
provided information on sound attenuation standards.
Commissioner Regan Gonzalez also stated her support and excitement for the project, and
hopes to see the apartments house families.
Chair Supple also stated that the developer plans to meet with the neighbors to discuss
concerns and next steps.
Commissioner Sandahl asked for details on the Citizen Planner Training to be held on May
7th. Executive Director Stark provided more information about the training session.
Item #7
EXECUTIVE DIRECTOR REPORT
Executive Director Stark provided an update on some of the projects that are under
development in the community:
The Chamberlain Apartments now has a live website, www.chamberlainapartments.com .
They are hoping to have models open in June 2019, and residents moving in by September 2019.
RF64, the project across from Target and Home Depot in the Cedar Point II development
area, is also working on launching a website and will soon be working with potential residents.
There have been some minor revisions to the townhome-portion of the project. It is likely that first
stage of construction will begin soon.
The Lyndale Gardens site is well-underway. The apartment-portion and townhome-portion
are both under construction. The TIF note should be issued soon, as construction-financing will
soon be completed. The summer concert series will be halted for the summer, as construction will
be happening this summer.
The City Garage South site, now titled Richfield Flats, will be holding an open house on
April 29th at their offices on 76th and Lyndale. Staff is working on a development agreement.
On Penn Avenue, staff applied for a grant from Hennepin County to study roadway
alternatives, and have moved on to the next round in the grant process.
The Lunds housing proposal will hold an open house on April 23rd at WLNC.
The Bumper to Bumper property has now officially been purchased by the City. The city is
working on abatement of the site, and will continue to work on the redevelopment of the parcel.
HRA Meeting Minutes -4- April 15, 2019
Staff is also in contact with the owners of the HUB, who are still trying to find a grocery-
store anchor for the site and redevelopment. Executive Director Stark noted that it will be more of a
long-term project, with a lot of interface with the city.
Commissioner Regan Gonzalez asked about the NOVO site on the west-side of Richfield.
Executive Director Stark stated that he understands they’ll be submitting for permits in the next few
weeks.
Item #8
CLAIMS AND PAYROLLS
M/Sandahl, S/Regan Gonzalez that the following claims and payroll be approved:
U.S. BANK 03/18/19
Section 8 Checks: 130537 - 130621 $169,849.26
HRA Checks: 33607 - 33615 $20,077.93
TOTAL $189,927.19
U.S. BANK 04/15/19
Section 8 Checks: 130622 - 130706 $162,549.84
HRA Checks: 33616 - 33635 $101,637.43
TOTAL $264,187.27
Motion carried 4-0.
Item #9
ADJOURNMENT
The meeting was adjourned by unanimous consent at 7:35 p.m.
Date Approved: May 20, 2019
Mary B. Supple
HRA Chair
Kate Aitchison John Stark
Housing Specialist Executive Director
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special Concurrent City Council, Housing
and Redevelopment Authority and
Planning Commission Work Session
May 7, 2019
CALL TO ORDER
The meeting was called to order by Chair Supple at 4:08 p.m. in the Bartholomew Room.
HRA Members Mary Supple, Chair; Maria Regan Gonzalez; Sue Sandahl; and
Present: Erin Vrieze Daniels.
HRA Members Pat Elliott.
Absent:
Council Members Maria Regan Gonzalez, Mayor; Edwina Garcia; Mary Supple; Simon
Present: Trautmann; and Ben Whalen.
Planning Commission Kathryn Quam; James Rudolph; Susan Rosenberg; Peter Lavin; and Sean
Members Present: Hayford Oleary.
Planning Commission Allysen Hoberg, Chair; Bryan Pynn.
Members Absent:
Staff Present: Katie Rodriguez, City Manager; John Stark, Community Development
Director; and Melissa Poehlman, Assistant Community Development Director.
Item #1
CITIZEN PLANNER TRAINING
Community Development staff hosted a “Your Role as a Citizen Planner” workshop, facilitated
by Erin Perdu of WSB & Associates. The workshop highlighted the ways in which the roles of
elected/appointed officials vary in land use decisions based on the particular charge of the board or
committee to which they are elected/appointed. The workshop provided an opportunity to discuss the
areas in which policy makers have a significant amount of discretion and those in which they play a
largely regulatory role of applying existing rules. Participants discussed hypothetical applications, the
importance of waiting until all information has been provided before making a decision on a particular
application, making sound legal findings, and communicating with constituents.
ADJOURNMENT
The work session was adjourned by unanimous consent at 7:41 p.m.
Special Concurrent Council, HRA, and Planning
Commission Work Session Minutes -2- May 7, 2019
Date Approved: May 20, 2019
Mary B. Supple
HRA Chair
Kate Aitchison John Stark
Housing Specialist Executive Director
AGENDA SECTION:Consent Calendar
AGENDA ITEM #2.A.
S TAFF REPORT NO. 18
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: J esse S wenson, A ssistant HR Manager
O THE R D E PA RTM E NT RE V IE W: N/A
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/14/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution authorizing the Housing and Redevelopment Authority to affirm the
monetary limits on statutory municipality tort liability.
E X E C UT IV E S UM M ARY:
The Housing and Redevelopment Authority (HRA) purchases its insurance from the League of Minnesota
Cities I nsurance Trust (LMC I T). Each year, the HRA must either affirm or waive its statutory limits of liability
by J uly 1. After reviewing cost considerations measured against potential risk, the HRA has, historically,
affirmed the liability limits which are $500,000 for an individual claimant and $1,500,000 per occurrence. Staff
is recommending the same course of action for the current period.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution authorizing the Housing and Redevelopment Authority to affirm the
monetary limits on municipal tort liability established by Minnesota Statutes 466.04.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
A requirement of insurance coverage through the L MC I T is an annual affirmation or waiver of
statutory limits of liability.
The current statutory limits of liability for Minnesota cities and political entities are $500,000 for an
individual claimant and $1,500,000 per occurrence. Cities can waive these limits to allow an
individual claimant to recover more than $500,000, up to the $1,500,000 per occurrence limit, if
excess liability insurance is purchased. However, the cost of excess liability insurance continues
to be very expensive. An additional $1,000,000 of coverage would cost the HRA approximately
$6,000 annually.
Slightly more than half of the cities in Minnesota do not waive its limits of liability.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The State Statute establishes liability limits for cities and the current level is $1,500,000, which
appears to be a reasonable limit.
Historically, just over one-half of the municipalities in Minnesota have not waived the monetary
limits on municipality tort liability as was established by Statutes 466.06.
The HRA could waive its statutory limits in future years if the Commissioners should decide to do
so.
The City of Richfield has historically not waived its limits of liability.
C.C R IT IC AL T IMIN G IS S U E S:
The HRA’s insurance policy with the League of Minnesota Cities I nsurance Trust renews on J uly
1, 2018. This action must be completed before that time.
The HRA does not have to make a decision on purchasing excess liability coverage at this
time. Coverage such as excess liability may be added at any time.
D.F IN AN C IAL IMPAC T:
There is a slight premium savings for political entities that affirm the statutory monetary limits. For
the Richfield HRA, the savings would be less than $1,000 for the coverage year.
The HRA has historically not purchased excess liability coverage because of the relatively high
cost of such coverage. The cost for $1,000,000 of excess coverage would likely be between
$6,000 and $8,000 per year.
E.L E GAL C ON S ID E R AT ION:
The tort liability limits established by Minnesota statutes have historically protected cities and no
Minnesota court has ever established a monetary award in excess of the statutory limits against a
municipality.
Each municipal entity must annually decide whether the entity would voluntarily waive the statute
for both the single claims and each occurrence limit.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
I f the HRA feels that any single claimant should receive more than the $500,000 limit, the HRA could
elect to waive the statutory monetary limits.
I f the HRA feels that the $1,500,000 per occurrence limit is not adequate, the HRA could purchase
excess liability coverage.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
None
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
HRA RESOLUTION NO.
RESOLUTION AFFIRMING MUNICIPAL TORT LIABILITY LIMITS ESTABLISHED BY
MINNESOTA STATUTES 466.04
WHEREAS, Minnesota Statute 466.04 provides for Municipal tort liability limits
for Minnesota cities and for other municipal entities like the Richfield Housing and
Redevelopment Authority; and
WHEREAS, the League of Minnesota Cities Insurance Trust has asked that each
participating entity review the tort liability limits and determine if the respective entity
would choose to waive its limits; and
WHEREAS, such decision to affirm or waive the tort liability limits must be filed
with the League of Minnesota Cities Insurance Trust at the insurance renewal date.
NOW, THEREFORE, BE IT RESOLVED that the Executive Director is directed
to report to the League of Minnesota Cities Insurance Trust that the Richfield HRA does
not waive the monetary limits on the municipal tort liability established by Minnesota
statutes 466.04.
Approved by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 20th day of May, 2019.
Mary B. Supple, Chair
ATTEST:
Erin Vrieze Daniels, Secretary
AGENDA SECTION:Consent Calendar
AGENDA ITEM #2.B.
S TAFF REPORT NO. 19
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: K ate A itchison/C eleste McD ermott, Housing S pecialists
O THE R D E PA RTM E NT RE V IE W: N/A
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/14/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution authorizing execution of a Development Agreement with the
West Hennepin Affordable Land Housing Trust, dba Homes W ithin Reach, for the acquisition,
rehabilitation and sale of houses under the New Home Program utilizing Federal Fiscal Year 2018
Community Development Block Grant funds.
E X E C UT IV E S UM M ARY:
I n Federal Fiscal Year (F FY) 2018, the City Council budgeted Community Development Block Grant
(C D B G) funds for the Housing and Redevelopment Authority (HRA) to purchase, rehabilitate, and sell houses
to households earning no more than 80 percent of the area median income (A MI ).
The HRA is currently working with the West Hennepin Affordable Land Housing Trust (W HA L HT), dba
Homes W ithin Reach, to purchase and rehabilitate homes to be sold to qualifying households on behalf of the
HRA, utilizing C D B G funds. WHAL H T is a Community Land Trust that allows homeowners to
purchase the home itself while maintaining ownership of the land beneath it and leasing it for a
nominal fee, which greatly reduces the burden of downpayment and mortgage
payments. T he ground leases are in place for 100 years, which ensures long term affordability of
the home.
I n order to ensure affordability, the C D B G funds help fill the development gap that exists between the cost to
acquire and rehabilitate the home and the proceeds from the sale of the house. The proposed Development
Agreement (Agreement) between the HRA and W HA HLT details the terms of this partnership. There is
$85,000 remaining in F FY 2018 C D B G funds that W HA HLT will use to purchase and rehabilitate a home in
Richfield.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution authorizing execution of a Developer Agreement with the West
Hennepin Affordable Land Housing Trust, dba Homes W ithin Reach, for the acquisition, rehabilitation
and sale of houses utilizing Federal Fiscal Year 2018 Community Development Block Grant funds,
subject to final approval by legal counsel.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
Under the New Home Program, the HRA has worked with several developers over the years to
either build new homes or purchase and rehabilitate existing homes and make them available to
households earning no more than 80 percent of the A MI . W HA HLT has successfully purchased,
rehabilitated and sold 12 homes in Richfield. Since 2002, W HA HLT has helped 172 families
across the Hennepin County area.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Purchasing and rehabilitating homes with C D B G funds carries out the policies of the City’s
Comprehensive Plan, including:
Support the rehabilitation and upgrading of the existing housing stock.
Promote the development, management and maintenance of affordable housing in the City
through assistance programs, alternative funding sources, and the creation of partnerships
whose mission is to promote low to moderate income housing.
C.C R IT IC AL T IMIN G IS S U E S:
A property has been identified for purchase and rehabilitation. Approval of the Agreement would
allow the HRA and W HA HLT to complete the purchase and rehabilitation of this home and spend
F FY 2018 funds by the December 31, 2019 deadline.
D.F IN AN C IAL IMPAC T:
The City Council has budgeted $100,000 in FF Y 2018 C D B G funds for the HRA to acquire,
rehabilitate and sell homes to homebuyers earning no more than 80 percent of the area median
income. There is $85,000 remaining to be spent.
The HRA will provide development gap financing utilizing the C D B G funds to cover the difference
between the cost to acquire and rehabilitate the property and the proceeds earned from the sale of
the property.
Maximum reimbursement under this Agreement is $85,000.
The Agreement provides for HRA staff to approve the acquisition purchase price and rehab costs
prior to W HA HLT acquiring any property.
E.L E GAL C ON S ID E R AT ION:
The Agreement was prepared by HRA legal counsel and reviewed by Hennepin County C D B G
staff.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the Agreement.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
D eveloper A greement C ontract/A greement
RESOLUTION NO. ______
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH WEST HENNEPIN
AFFORDABLE HOUSING LAND TRUST
WHEREAS, the City of Richfield has entered into a Subrecipient Agreement with Hennepin
County with respect to the use of CDBG funds from the Department of Housing and Urban
Development (“HUD”) for federal fiscal year 2018; and
WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota (the “Authority”) executed a Third Party Agreement (Urban Hennepin County 2018
Community Development Block Grant Program) effective July 1, 2018 (the “Authority Third Party
Agreement”) with the City which provides the Authority the ability to administer the use of the fiscal
year 2018 CDBG funds; and
WHEREAS, the West Hennepin Affordable Housing Land Trust dba Homes Within Reach,
a Minnesota nonprofit corporation (the “Developer”), has proposed to purchase, rehabilitate, and
resell one or more properties located in the City of Richfield, Minnesota (the “City”) which are
eligible to be purchased, rehabilitated, and resold with CDBG funds (the “Eligible Properties”); and
WHEREAS, there has been presented before this Board of Commissioners of the Authority
a Developer Agreement – Urban Hennepin County – 2018 Community Development Block Grant
Program (the “Developer Agreement”), proposed to be entered into between the Authority and the
Developer, pursuant to which the Authority will direct the Developer to purchase, rehabilitate, and
resell one or more Eligible Properties using the CDBG funds; and
WHEREAS, the Board has reviewed the Developer Agreement and finds that the execution
thereof by the Authority and the performance of the Authority’s obligations thereunder are in the
best interest of the City and its residents; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota as follows:
1. The Developer Agreement is hereby in all respects authorized, approved, and
confirmed, and the Chairperson and the Executive Directed are hereby authorized and directed to
execute the Developer Agreement for and on behalf of the Authority in substantially the form now
on file with the Community Development Director but with such modifications as shall be deemed
necessary, desirable, or appropriate, the execution thereof to constitute conclusive evidence of
their approval of any and all modifications therein.
2. The Chairperson and the Executive Director are hereby authorized to execute and
deliver to the Developer any and all additional documents deemed necessary to carry out the
intentions of this resolution and the Developer Agreement.
Adopted by the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota this 20th day of May, 2019.
Mary B. Supple, Chair
Erin Vrieze Daniels, Secretary
1
DEVELOPER AGREEMENT
URBAN HENNEPIN COUNTY
2018 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(West Hennepin Affordable Housing Land Trust dba Homes Within Reach)
THIS DEVELOPER AGREEMENT (the “Agreement”), made and entered into as of
this 20th of May, 2019 (“Effective Date”), by and between the Housing and Redevelopment
Authority in and for the City of Richfield (“Authority” or “HRA”), a body corporate and
politic under the laws of the State of Minnesota, having its principal office at 6700 Portland
Avenue, Richfield, Minnesota (“HRA”) and the West Hennepin Affordable Housing Land
Trust dba Homes Within Reach, a nonprofit corporation under the laws of Minnesota, having
its principal office at 5101 Thimsen Ave, Suite 202, Minnetonka, MN 55345. (“Developer” or
“WHAHLT”).
RECITALS
A. The City of Richfield (the “City”) is a cooperating unit in the Urban Hennepin County
Community Development Block Grant (CDBG) Program by virtue of a Joint Cooperation
Agreement dated October 1, 2017 and executed between the Authority and Hennepin
County pursuant to Minn. Stat. Section 471.59.
B. The City executed a Subrecipient Agreement with Hennepin County (Subrecipient
Agreement No. PR00000287), effective July 1, 2018 (the “Subrecipient Agreement”),
which approved the use of $100,000 of Federal Fiscal Year 2018 CDBG funds from the
Department of Housing and Urban Development for the Acquisition/Scattered Site
Homeownership project(s). There is $85,000 in funds remaining for the
Acquisition/Scattered Site Homeownership project(s).
C. The Authority executed a Third Party Agreement (Urban Hennepin County 2018
Community Development Block Grant Program) effective July 1, 2018 (the “Authority
Third Party Agreement”) with the City which provides the Authority the ability to
administer the use of the Fiscal Year 2018 CDBG funds.
D. HRA desires WHAHLT to purchase, rehabilitate, and resell one or more properties
eligible to be purchased, rehabilitated and resold with CDBG funds (the “Eligible
Properties”) at the direction of HRA and WHAHLT has agreed to do so pursuant to the
terms and conditions of this Agreement and 24 CFR 570 (the “CDBG Regulations”) and
to use the CDBG funds available pursuant to the terms of the Subrecipient Agreement
and Authority Third Party Agreement described above.
E. This Agreement is intended to satisfy the requirements of 24 CFR 570.202 and the HUD
Guidance so that Eligible Properties acquired by WHAHLT retain their eligibility for
CDBG funds.
2
AGREEMENT
1. Scope of Work.
A. Developer. HRA hereby designates WHAHLT as a Developer to purchase,
rehabilitate, and resell Eligible Properties at the direction of HRA in accordance with the terms
and conditions of this Agreement.
B. Memorandum of Understanding. WHAHLT shall purchase, rehabilitate and
resell Eligible Properties based on the Memorandum of Understanding of the parties set forth in
EXHIBIT A. The acquisition of one Eligible Property described in the Developer Pro Formas
set forth in EXHIBIT B are preliminarily approved by the HRA and WHAHLT shall provide the
documentation described in Section 8 to the HRA to obtain final approval for the acquisition of
such property.
C. Criteria. The HRA and WHAHLT will work cooperatively to develop criteria for
Eligible Properties that it would like to acquire under this Agreement. Such criteria shall include
location, quality, price, and level of needed repairs.
D. Compliance with Required Programs. To the extent required by federal, state,
and local law and regulation, WHAHLT agrees to comply with the program requirements of:
1) Hennepin County Affirmative Action Policy and Commissioners’
Policies Against Discrimination;
2) Equal opportunity and discrimination provisions of 24 CFR Part
570 and all applicable State and Federal laws, rules, and
regulations and as set forth in Section 3.02 of the Procedural
Manual;
3) Section 504 of the Rehabilitation Act of 1973, as amended;
4) 24 CFR 570.200; and
5) Lead based paint notification, inspection, testing and abatement
procedures established in 24 CFR Part 35 as referenced in 24 CFR
570.608, including but not limited to the Lead Disclosure Rule and
HUD’s Lead Safe Housing Rule as set forth in Section 3.06 of the
Procedural Manual; and
6) Fair housing requirements of section 104(b) and section 109 of
Title I of the Housing and Community Development Act of 1974,
as amended, including Title VI of the Civil Rights Act of 1964, the
Fair Housing Act, and other applicable fair housing laws and as set
forth in Section 3.02 of the Procedural Manual.
WHAHLT further agrees to provide HRA with a timely certification that the program
requirements listed in this Section have been met as required by law and this Agreement.
3
E. Reports. WHAHLT shall provide HRA on a monthly basis with a report of its
activities.
F. Subrecipient Agreements. The terms and provisions of the Subrecipient
Agreements described in Recitals B and C above are incorporated herein by reference and
WHAHLT agrees to comply with the terms and provisions of such agreements to the extent
applicable to the purchase, rehabilitation and resale of Eligible Properties.
2. Term. This Agreement is effective as of the Effective Date and until December 31, 2019.
3. Acquisition, Relocation and Displacement. WHAHLT shall be responsible for carrying
out all acquisitions of real property necessary for implementation of this Agreement. WHAHLT
shall conduct all such acquisitions in its name and shall hold title to all real property purchased
and shall be responsible for preparation of all notices, appraisals, and documentation required in
conducting acquisition under the regulations of the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970, as required under 49 CFR Part 24 and of the CDBG Program.
WHAHLT shall also be responsible for providing all relocation notices, counseling, and services
required by said regulations.
In addition, WHAHLT shall comply with the acquisition and relocation requirements of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as required
under 24 CFR 570.606(a) and HUD implementing regulations at 24 CFR Part 42; the
requirements in 24 CFR 570.606(b) governing the residential anti-displacement and relocation
assistance plan under section 104(d) of the Housing and Community Development Act of 1974
(the Act); the relocation requirements of 24 CFR 570.606(c) governing displacement subject to
Section 104(k) of the Act; and the requirements of 24 CFR 570.606(d) governing optional
relocation assistance under Section 105(a)(11) of the Act.
4. Environmental Review. Prior to a commitment of CDBG funds to purchase, rehabilitate
and resell Eligible Properties, WHAHLT and HRA will undertake the appropriate environmental
review procedures and documentation as determined, requested, or required by the County.
6. Labor Standards, Employment and Contracting. WHAHLT shall notify the HRA prior to
initiating any rehabilitation activities, including advertising for contractual services, which will
include costs likely to be subject to the provisions of Federal Labor Standards and Equal
Employment Opportunity and related implementing regulations.
No CDBG funds shall be used directly or indirectly to employ, award contracts to, or otherwise
engage the services of, or fund any contractor or subrecipient during any period of debarment,
suspension, or placement in ineligibility status under the provisions of 24 CFR Part 24.
Hennepin County must be notified prior to awarding a contract. Hennepin County shall be
responsible for determining the status of the contractor under this requirement, and shall notify
the HRA if the contractor is or is not prohibited from doing business with the Federal
government as a result of debarment or suspension proceedings.
4
7. Lobbying.
A. No federal appropriated funds have been paid or will be paid, by or on behalf
of WHAHLT, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
B. If any funds, other than federal appropriated funds, have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress, in connection with this Federal contract, grant, loan, or cooperative
agreement, WHAHLT will complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
8. Documentation. WHAHLT must maintain the following records and reports relating to
Eligible Properties acquired pursuant to this Agreement: appraisals, environmental reports,
purchase agreements, settlement statements, and deed document number/filing information per
property. WHAHLT shall submit copies of the foregoing documentation to HRA with respect to
any Eligible Property acquired pursuant to this Agreement.
9. Other Program Requirements. WHAHLT shall carry out the acquisition activities under
this Agreement in compliance with all federal laws and regulations described in 24 CFR Part
570, subpart K, except that (i) WHAHLT does not assume HRA’s environmental responsibilities
described at 24 CFR 570.604; and (ii) WHAHLT does not assume HRA’s responsibility for
initiating the review process under the provisions of 24 CFR Part 52 (Intergovernmental Review
of HUD Development Programs and Activities).
10. Suspension and Termination. If WHAHLT materially fails to comply with any term of
this Agreement after written notice and an opportunity to cure, this Agreement may be
terminated. The time period for said opportunity to cure will be dependent upon the relevant
time period requirements of the applicable law, regulation, program, or otherwise.
11. Notice. All communications, notices, and demands of any kind which either party may be
required or may desire to give to or serve upon the other shall be made in writing, and such
notice shall be deemed sufficiently given if and when it is addressed to then other party as
provided below and either (a) delivered personally, (b) deposited in the United States mail,
registered or certified, with postage prepaid, (c) deposited with an overnight delivery service for
next day delivery, or (d) telecopied:
To HRA: Richfield Housing and Redevelopment Authority
Attention: John Stark, AICP, Director of Community Development
5
6700 Portland Avenue
Richfield, Minnesota 55423-2599
Fax: (612) 861-8974
To WHAHLT: West Hennepin Affordable Housing Land Trust
Attention: Janet Lindbo, Executive Director
5101 Thimsen Avenue
Suite 202
Minnetonka, MN 55345-4117
12. Data Practices. WHAHLT agrees to abide by the provisions of the Minnesota
Government Data Practices Act and all other applicable State and Federal laws, rules, and
regulations relating to data privacy and confidentiality, and as any of the same may be amended.
13. Access to Records. HRA shall have the authority to review any and all procedures and
all materials, notices, and documents prepared by WHAHLT in implementation of this
Agreement.
14. Indemnification. WHAHLT agrees to hold harmless, indemnify and defend HRA, its
elected officials, officers, agents, and employees against any and all claims, losses, or damages,
including attorneys’ fees, arising from, allegedly arising from, or related to, the provision of
services under this Agreement by WHAHLT, its employees, agents, officers, or volunteer
workers.
15. Independent Contractor. Nothing in this Agreement is intended, nor may be construed, to
create the relationship of partners or employer/employee between the parties. WHAHLT, its
officers, agents, employees, and volunteers are, and will remain for all purposes and services
under this Agreement, independent contractors.
16. Entire Agreement. The entire agreement of the parties is contained in this document. This
Agreement supersedes all previous written and oral agreements and negotiations between the
parties relating to the subject matter of this Agreement except as provided in paragraph 18 of this
Agreement.
17. Severability. The invalidity, illegality or enforceability of any provision of this
Agreement shall not affect the validity or enforceability of any other provision of this
Agreement, all of which shall remain in full force and effect.
18. Assignment of Agreement. The parties shall not assign this Agreement without the
express written consent of the other party.
19. Modification. No provision, term or clause of this Agreement shall be revised, modified,
amended or waived except by an instrument in writing signed by both parties.
6
20. Counterparts. This Agreement may be executed in any number of counterparts and each
such counterpart shall be deemed to be an original, all of which, when taken together, shall
constitute one agreement.
21. Headings. The titles to the sections and headings of various paragraphs of this
Agreement are placed for convenience of reference only and in case of conflict, the text of this
Agreement, rather than such titles or headings shall control.
22. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the successors and assigns of each of the parties hereto.
23. Invalidity. If for any reason any portion or paragraph of this Agreement shall be declared
void and unenforceable by any court of law or equity, it shall only affect such particular portion
or paragraph of this Agreement, and the balance of this Agreement shall remain in full force and
effect and shall be binding upon the parties hereto.
24. Governing Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Minnesota.
25. Obligations Limited. HRA’s obligation to make payments under this Agreement is
limited entirely to CDBG funds being remitted to HRA in sufficient amounts and available for
the purposes for which such payments are sought. HRA shall have no obligation to make
payments under this Agreement from sources other than the CDBG funds described herein.
(Signature page follows)
S-1
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and WHAHLT has caused this Agreement to be duly executed in its name
and behalf as of the date first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
By ________________________________
Its Chairperson
By ________________________________
Its Executive Director
WEST HENNEPIN AFFORDABLE HOUSING LAND
TRUST
By ________________________________
Its Executive Director
B-1
EXHIBIT A
PROCEDURES
Memorandum of Understanding
Properties, In General:
WHAHLT will identify, purchase, and rehabilitate one or more Eligible Properties on the
HRA’s behalf for subsequent resale to households earning at or below 80% of the Area
Median Income.
The HRA reserves the right to and WHAHLT agrees to identify, purchase, and rehabilitate
more than two Eligible Properties in the event the HRA approves additional funds for this
purpose.
Identification of Eligible Property:
WHAHLT and the HRA will work cooperatively to identify Eligible Properties.
If the HRA identifies Eligible Property, the HRA (in its sole discretion) may provide WHAHLT
with the identity of the Eligible Property.
If WHAHLT identifies Eligible Property, WHAHLT will provide the HRA with the identity of
the Eligible Property so that the HRA may decide whether the HRA will use CDBG funds to
acquire said Eligible Property.
Purchase of Eligible Property:
WHAHLT will only purchase an Eligible Property after receipt of the HRA’s express written
consent.
HRA may express its written consent via email to WHAHLT at jlindbo@homeswithinreach.org
WHAHLT shall be responsible for the timely completion of all CDBG required documentation.
WHAHLT agrees to purchase and hold the Eligible Properties in its name unless the HRA
informs WHAHLT that the HRA desires (in the HRA’s sole discretion) to hold an Eligible
Property in the name of the HRA.
Rehabilitation of Eligible Property:
After WHAHLT has purchased an Eligible Property, WHAHLT will work with the HRA to
identify necessary improvements.
WHAHLT and the HRA will agree in writing to a rehabilitation plan that describes, at a
minimum, expenses, improvements, and deliverable dates, prior to WHAHLT beginning its
rehabilitation efforts at that Eligible Property.
Upon completion of the rehabilitation of each Eligible Property to the satisfaction of the HRA,
WHAHLT will provide the HRA with all requested information, including but not limited to
receipts.
The rehabilitation plan may be amended from time to time as needed with the prior mutual
consent of the HRA and WHAHLT.
Subsequent Resale of Certain Eligible Property to End Buyer:
After WHAHLT completes the rehabilitation of an Eligible Property, WHAHLT will market
said Eligible Property and execute a purchase agreement with an end buyer whose household
income is at or below 80% of Area Median Income.
WHAHLT will attempt to provide long-term affordability by working with the West Hennepin
Affordable Housing Land Trust (WHAHLT) to secure a buyer.
B-2
Reimbursement of Acquisition/Rehabilitation Costs (or Payment of the Estimated Gap)
• WHAHLT will use its own funds to purchase an eligible property.
• The HRA will use HRA funds to reimburse WHAHLT for the “Development Gap.”
Development Gap means the estimated total development costs less the sales price of the
improved property up to a maximum gap amount as shown on “Exhibit C” or other developer
pro forma approved by the HRA.
• Following the acquisition of the property, WHAHLT may request that the HRA provide payment
in the amount of the estimated Development Gap.
• Upon final sale of the property, if the cost to acquire and rehabilitate the property exceeds the
amount of sales proceeds by more than the Development Gap amount paid by the HRA, the
HRA will reimburse WHAHLT for that amount.
• If the amount of sales proceeds and the Development Gap paid by the HRA exceeds the cost to
acquire and rehabilitate the property, WHAHLT will reimburse the HRA for that amount.
• The maximum amount of reimbursement available under this Agreement is $100,000.
C-1
EXHIBIT B
DEVELOPER PRO FORMA
Sources & Uses - Preliminary
Name of Property:
6232 Sheridan Ave.,
South, Richfield
Date: 4/15/2019
Sources: Comments
Homebuyer Mortgage $ 150,000
2018 AHIF $ 20,000 Project Costs
2018 Richfield CDBG $ 85,000 Land & Project Costs
2018 HOME $ 49,236 Land
2017 MH Impact $ 25,000 Project Costs
2018 Bond Proceeds $ 27,500 Land
2018 Met Council $ 16,875 Rehab
Total $ 373,611
Uses:
Acquisition Costs $ 290,000
Closing Costs $ 1,800
Inspection/other $ 1,200
Acquisition
costs $ 293,000
Adm Fee $ 13,885
Project Fee & HOME
Fee
Holding/Closing Costs/
LC/ Taxes $ 20,226
Special Assessments
of $3895
Rehab Costs $ 46,500
Total $ 373,611
AGENDA SECTION:Consent Calendar
AGENDA ITEM #2.C.
S TAFF REPORT NO. 20
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: J ulie Urban, Housing Manager
O THE R D E PA RTM E NT RE V IE W: N/A
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/14/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution approving an Assumption Agreement between N H H Companies,
LL C, Cedar Point Investments LL C, and the Housing and Redevelopment Authority.
E X E C UT IV E S UM M ARY:
On August 1, 2018, the Housing and Redevelopment Authority (HRA) and NHH Companies (NHH) entered
into a Loan Agreement whereby the Authority loaned NHH $621,554.47 for the purposes of acquiring two
single-family properties located within the Cedar Point I I redevelopment project area. I n exchange for the
Loan, NHH executed a Promissory Note, and a Mortgage was recorded against the two properties.
Cedar Point I nvestments LLC is a subsidiary of NHH and is asking to assume all the obligations of NHH
under the Loan Agreement, the Promissory Note, and the Mortgage. The proposed Assumption Agreement
will transfer the obligations from NHH to Cedar Point I nvestments L L C.
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution approving the Assumption Agreement between N H H Companies, L LC,
Cedar Point Investments L LC, and the Housing and Redevelopment Authority.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Cedar Point I I development area (16th Avenue to Richfield Parkway, 63rd Street to 65th
Street) has been identified for redevelopment as multi-family housing in the Cedar Corridor
Master Plan since 2004.
The HRA adopted a revised Contract for Private Development with NHH Companies, LLC, on
September 17, 2018, for the development of the western half of the Cedar Point I I area with 72
affordable townhome units.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Cedar Point I I development area is guided for high-density residential development in the
Comprehensive Plan.
C.C R IT IC AL T IMIN G IS S U E S:
W hen acquisitions were occurring, the formal partnership agreement between the three
development partners had not been finalized, so the Loan Agreement was signed with NHH
Companies, L L C. Since that time Cedar Point I nvestments L L C became the legal development
entity for the townhome portion of the redevelopment project.
D.F IN AN C IAL IMPAC T:
The obligations of the Loan Agreement remain the same. The mortgages will be removed from the
two properties once construction begins and the HRA's investment will be repaid through tax
increment generated by the development.
E.L E GAL C ON S ID E R AT ION:
The HRA Attorney drafted the Assumption Agreement.
The terms of the Loan Agreement provides for its obligations to be assumed by another entity with
HRA approval.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the Assumption Agreement.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
N/A
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
A ssumption A greement C ontract/A greement
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO. ______
RESOLUTION APPROVING ASSUMPTION AGREEMENT FOR LOAN AGREEMENT,
PROMISSORY NOTE AND MORTGAGE
WHEREAS, the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota
(the “Authority”) has entered into a Loan Agreement, dated August 1, 2018 (the “Contract”), with NHH
Companies, L.L.C., a Minnesota limited liability company (the “Original Developer”); and
WHEREAS, in exchange for the Loan, NHH Companies executed a Promissory Note, dated August
1, 2018; a Mortgage, dated August 1, 2018, and recorded on August 21, 2018 in the Office of the County
Recorder of Hennepin County, as Document No. A10585180, to secure $302,052.33 of the Loan; and a
Mortgage, dated September 7, 2018, and recorded on October 8, 2018, in the Office of the County Recorder
of Hennepin County, as Document No. A10599752, to secure $319,502.14 of the Loan.
WHEREAS, the Original Developer has proposed that an affiliated entity, Cedar Point Investments
LLC, a Minnesota limited liability company (the “Assignee”), assume all obligations of NHH Companies
under the Loan Agreement, the Promissory Note, and the Mortgages, pursuant to an Assumption Agreement,
between the Original Developer, the Assignee, and the Authority, and the Assignee has proposed to assume
all of the Original Developer’s rights and duties; and
WHEREAS, there has been presented to the Board of Commissioners of the Authority (the “Board”)
the Assumption Agreement; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota that:
1. The Assumption Agreement is hereby in all respects authorized, approved, and confirmed.
The Chair of the Board and the Executive Director are hereby authorized and directed to execute the
Assumption Agreement for and on behalf of the Authority in substantially the form now on file with the
Community Development Director but with such modifications as shall be deemed necessary, desirable, or
appropriate, the execution thereof to constitute conclusive evidence of their approval of any and all
modifications therein.
2. The Chair and the Executive Director are hereby authorized to execute and deliver any other
documents or certificates deemed necessary to carry out the intentions of this resolution and the Assumption
Agreement.
Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota
this 20th day of May, 2019.
Mary B. Supple, Chair
Erin Vrieze Daniels, Secretary
ASSUMPTION AGREEMENT
THIS ASSUMPTION AGREEMENT, made as of __________, 2019 (the “Agreement”), is by
and between NHH COMPANIES, L.L.C., a Minnesota limited liability company (the “NHH
Companies”), CEDAR POINT INVESTMENTS LLC, a Minnesota limited liability company (the
“Developer”), and the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF RICHFIELD, MINNESOTA, a public body corporate and politic of the State of Minnesota (the
“Authority”).
RECITALS
NHH Companies and the Authority are parties to that certain Loan Agreement, dated August 1,
2018 (the “Loan Agreement”) whereby the Authority loaned NHH Companies $621,554.47 (the “Loan”)
for the purposes of acquiring two parcels of property legally described in Exhibit A. In exchange for the
Loan, NHH Companies executed a Promissory Note, dated August 1, 2018 (“Promissory Note”), a
Mortgage, dated August 1, 2018 and recorded on August 21, 2018 in the Office of County Recorder of
Hennepin County, as Document No. A10585180 to secure $302,052.33 of the Loan; and a Mortgage,
dated September 7, 2018 and recorded on October 8, 2018 in the Office of County Recorder of Hennepin
County, as Document No. A10599752 to secure $319,502.14 of the Loan (the two mortgages are
collectively referred to herein as the “Mortgages”).
The Developer has entered into a Contract for Private Development, dated September 17, 2018
(the “Contract”), pursuant to which the Developer has agreed to acquire certain property and construct
approximately 80 affordable owner-occupied townhomes and public infrastructure. Two of the parcels
that the Developer must purchase pursuant to the Contract are the two parcels subject to the Mortgages
provided by NHH Companies described above.
The Developer hereby agrees to assume all obligations of NHH Companies under the Loan
Agreement, the Promissory Note, and the Mortgages.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Covenants of Developer. The Developer expressly assumes all of the obligations of the
“Borrower” under the Loan Agreement, the Promissory Note, and the Mortgages.
2. Release of NHH Companies. This Agreement shall be deemed to release and discharge
NHH Companies from any obligations of the “Borrower” under the Loan Agreement, the Promissory
Note, and the Mortgages.
3. Developer Address. For purposes of notice under the Contract, the Developer’s address
is:
Cedar Point Investments LLC
7455 France Avenue South
Suite 351
Edina, Minnesota 55435
Attn: Adam Seraphine
2
4. Governing Law. It is agreed that this Agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Minnesota.
5. Entirety of Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this Agreement
shall not be binding upon either party except to the extent incorporated in this Agreement.
6. Modification. Any modification of this Agreement or additional obligation assumed by
either party in connection with this Agreement shall be binding only if placed in writing and signed by
each party or an authorized representative of each party.
7. Execution in Counterparts. This Agreement may be executed, acknowledged and
delivered in any number of counterparts and each of such counterparts shall constitute an original but all
of which together shall constitute one agreement.
(The remainder of this page is intentionally left blank.)
S-1
IN WITNESS WHEREOF, NHH Companies L.L.C., the Authority, and the Developer have caused
this Assumption Agreement to be executed as of the date and year first written above.
NHH COMPANIES, L.L.C., a Minnesota limited
liability company
By:
Name: ____________________
Its: _____________________
STATE OF MINNESOTA )
) SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______, 2019, by
____________, the ____________ of NHH Companies, L.L.C., a Minnesota limited liability company,
on behalf of NHH Companies, L.L.C.
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered (JAE)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612-337-9300
S-2
Execution page of the Developer to the Assumption Agreement, dated as of the date and year first written
above.
CEDAR POINT INVESTMENTS LLC
By
Its
STATE OF MINNESOTA )
) SS.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _________________, 2019, by
________________, the _____________________________ of Cedar Point Investments LLC, a
Minnesota limited liability company, on behalf of the Developer.
Notary Public
S-3
Execution page of the Authority to the Assumption Agreement, dated as of the date and year first written
above.
AUTHORITY:
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA
By Mary B. Supple
Its Chair
By John Stark
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ________, 2019, by
Mary B. Supple, the Chair of the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ________, 2019, by
John Stark, the Executive Director of the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota, on behalf of the Authority.
Notary Public
A-1
EXHIBIT A
LEGAL DESCRIPTION
Lot 5, Block 2, Iverson’s Second Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
Lot 7, Block 1, Iverson’s Second Addition, according to the recorded plat thereof, Hennepin County,
Minnesota.
RC125-366
578655v.1 (JAE)
AGENDA SECTION:Consent Calendar
AGENDA ITEM #2.D.
S TAFF REPORT NO. 21
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: Melissa P oehlman, A ssistant C D D irector/Myrt L ink, C D A ccountant
O THE R D E PA RTM E NT RE V IE W: N/A
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/14/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Consider adoption of a resolution adopting a modification to the Tax Increment Financing Plan for the
Lyndale Gardens Tax Increment Financing District.
E X E C UT IV E S UM M ARY:
The Lyndale Gardens Tax I ncrement Financing (TI F) District was established on August 9, 2011 to facilitate
the construction of a mixed-use development consisting of retail, multi-family housing, and public/quasi-public
space on the site of the former Lyndale Garden Center and surrounding parcels. As required, the approved
TI F Plan included a budget that allocated the projected TI F funds into various TI F-eligible line items (e.g.
land/building acquisition costs, site improvements, utilities, administrative fees). The original budget was
modified on October 17, 2011.
On J une 26, 2018 the City Council approved revised site/building plans for the northern half of the Lyndale
Garden Center Development and an amended Contract for Private Development was approved by the
Housing and Redevelopment Authority (HRA) on J uly 16, 2018. The proposed amendment to the TI F Plan
revises individual line items to reflect costs based on the project as now approved. The modification does not
change the overall amount of TI F funds that the developer could receive and the developer must provide proof
of eligible expenditures prior to receiving any funds. The proposed modification is required in order to comply
with the Office of the State Auditor.
U S E S O F IN C R E ME N T AME N D E D 10/17/11 P R O P O S E D
Land/Building Acquisition $ 3,200,000 $ 3,466,559
Site I mprovements/Prep.$ 2,416,000 $ 2,159,441
Utilities $ 0 $ 80,000
Other Qualifying Costs $ 15,000 $ 0
Costs Outside of District $ 75,000 $ 0
Administrative Costs (up to 10%)$ 1,560,000 $ 1,560,000
P ROJ E C T TOTA L C OS T $ 7,266,000 $ 7,266,000
I nterest $ 8,334,000 $ 8,334,000
P ROJ E C T A ND I NTE RE S T TOTA L $15,600,000 $15,600,000
RE C O M M E ND E D AC T I O N:
By motion: Adopt a resolution adopting a modification to the Tax Increment Financing Plan for the
Lyndale Gardens Tax Increment Financing District within the Richfield Redevelopment Project Area.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
See Executive Summary
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
Pursuant to Section 469.175, Subd. 4(b) of the TI F Act, a tax increment financing plan may be
modified without a public hearing or the findings required to be made for the original tax increment
financing plan if the modification does not include (i) any reduction or enlargement of the
geographic area of the project or tax increment financing district; (ii) an increase in the amount of
bonded indebtedness; (iii) a determination to capitalize interest on debt if that determination was
not a part of the original plan; (iv) an increase in the portion of hte captured net tax capacity to be
retained by the City; (v) an increase in the estimated cost of the project, including administrative
expenses, to be paid or financed with tax increment from the district; or (vi) the designation of
additional property to be acquired by the authority.
C.C R IT IC AL T IMIN G IS S U E S:
The TI F Plan must be modified prior to the issuance of the Pay-As-You-Go-Note.
D.F IN AN C IAL IMPAC T:
None; the total amount of Tax I ncrement Financing that could be provided to the developer is
unchanged.
The Pay-As-You-Go-Notes in the amount of $4,233,477 were authorized by Resolution No. 1301
dated J uly 16, 2018.
E.L E GAL C ON S ID E R AT ION:
The resolution was drafted by the HRA's Financial Consultant and reviewed by the HRA Attorney.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
None
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
Rebecca Kurtz, Ehlers
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
Modified Tax Increment F inancing P lan B ackup Material
RICHFIELD HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF RICHFIELD
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. __________
RESOLUTION ADOPTING A MODIFICATION TO THE TAX INCREMENT
FINANCING PLAN FOR THE LYNDALE GARDENS TAX INCREMENT
FINANCING DISTRICTS WITHIN THE RICHFIELD REDEVELOPMENT
PROJECT AREA.
WHEREAS, the City of Richfield (the “City”) has established the Richfield
Redevelopment Project Area and adopted the Redevelopment Plan therefor and established
therein the Lyndale Gardens Tax Increment Financing District and adopted a Tax Increment
Financing Plan (the Plan) therefor. It has been proposed that the Richfield Housing and
Redevelopment Authority (the "HRA") adopt a Modification to the Tax Increment Financing Plan
(the "Modification") for the Lyndale Gardens Tax Increment Financing District (the "District"), all
pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections
469.001 to 469.047, and Sections 469.174 to 469.1799, inclusive, as amended (the "Act"), all as
reflected in the Plans and presented for the Board's consideration; and
WHEREAS, the HRA has investigated the facts relating to the Modification and has
caused the Modification to be prepared; and
WHEREAS, the HRA has performed all actions required by law to be performed prior to
the adoption and approval of the proposed Modification. Because of the nature of this
modification, and because this Modification does not entail an enlargement of geographic area,
an increase in the amount of bonded indebtedness, an increase to the amount of interest on
debt, an increase in the portion of the captured net tax capacity, or an increase in the total
estimated tax increment expenditures, this modification is not subject to a public hearing
requirement.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
1. The HRA hereby reaffirms that the District as modified herein is in the public
interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10
(a)(2); that the proposed redevelopment would not occur solely through private investment
within the reasonably foreseeable future, that the increased market value on the site that could
reasonably be expected to occur without the use of tax increment financing would be less than
the increase in the market value estimated to result from the proposed development after
subtracting the present value of the projected tax increments for the maximum duration of the
Lyndale Gardens TIF District permitted by the Tax Increment Financing Plan; that the Modified
Plan conforms to the general plan for the development or redevelopment of the City as a whole;
and that the Modified Plan will afford maximum opportunity consistent with the sound needs of
the City as a whole, for the development of the Lyndale Gardens TIF District by private
enterprise.
2. The HRA further finds that the Modifications will afford maximum opportunity,
consistent with the sound needs for the City as a whole, for the development or redevelopment
of the project area by private enterprise in that the intent is to provide only that public assistance
necessary to make the private developments financially feasible.
3. Conditioned upon the approval thereof by the City Council, the Modification, as
presented to the HRA on this date, is hereby approved and adopted and shall be placed on file
in the office of the Community Development Director.
4. Upon approval of the Modifications by the City Council, the Community
Development Director is authorized and directed to forward a copy of the Modification to the
Minnesota Department of Revenue and Office of the State Auditor pursuant to Minnesota
Statutes 469.175, Subd. 4a.
5. The Community Development Director is authorized and directed to forward a
copy of the Modification to the Hennepin County Auditor and request that the Auditor certify the
original tax capacity of the District as described in the Modifications, all in accordance with
Minnesota Statutes 469.177.
Approved by the Board of Commissioners of the Richfield Housing and Redevelopment
Authority this 20th day of May 2019.
_______________________________
Mary B. Supple, Chair
__________________________
Erin Vrieze Daniels, Secretary
Exhibit A
Budget
Use of Tax Increment Funds
Adopted
August 9, 2011
Modified
October 17, 2011
Modified
March 19, 2019
Land / Building Acquisition 3,000,000 3,200,000 3,466,559
Site Improvements / Preparation 351,000 2,416,000 2,159,441
Utilities 0 0 80,000
Other Qualifying Improvements 15,000 15,000 0
Costs Outside District 2,340,000 75,000 0
Administrative Costs (up to 10%) 1,560,000 1,560,000 1,560,000
Project Cost Total 7,266,000 7,266,000 7,266,000
Interest 8,334,000 8,334,000 8,334,000
Project and Interest Costs Total 15,600,000 15,600,000 15,600,000
MODIFICATION TO THE REDEVELOPMENT PLAN
Richfield Redevelopment Project Area
- AND -
TAX INCREMENT FINANCING PLAN
Modification of the Lyndale Gardens Tax Increment Financing
Richfield Housing & Redevelopment Authority
City of Richfield, Hennepin County, Minnesota
Public hearing: August 9, 2011
Adopted: August 9, 2011
Modification Adopted: October 17, 2011
Modification Considered: May 20 , 2019
Table of Contents
(for reference purposes only)
Section 1 - Modification to the Redevelopment Plan
for the Richfield Redevelopment Project Area ................................. 1-1
Foreword ............................................................. 1-1
Section 2 - Tax Increment Financing Plan
for the Lyndale Gardens Tax Increment Financing District ....................... 2-1
Subsection 2-1. Foreword............................................... 2-1
Subsection 2-2. Statutory Authority........................................ 2-1
Subsection 2-3. Statement of Objectives ................................... 2-1
Subsection 2-4. Redevelopment Plan Overview .............................. 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2
Subsection 2-6. Classification of the District................................. 2-2
Subsection 2-7. Duration and First Year of Tax Increment of the District........... 2-4
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements ................ 2-4
Subsection 2-9. Sources of Revenue/Bonds to be Issued ...................... 2-5
Subsection 2-10. Uses of Funds ........................................... 2-6
Subsection 2-11. Fiscal Disparities Election.................................. 2-7
Subsection 2-12. Business Subsidies....................................... 2-7
Subsection 2-13. County Road Costs ....................................... 2-8
Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions ................. 2-9
Subsection 2-15. Supporting Documentation ................................ 2-10
Subsection 2-16. Definition of Tax Increment Revenues ....................... 2-11
Subsection 2-17. Modifications to the District................................ 2-11
Subsection 2-18. Administrative Expenses .................................. 2-11
Subsection 2-19. Limitation of Increment ................................... 2-12
Subsection 2-20. Use of Tax Increment .................................... 2-13
Subsection 2-21. Excess Increments ...................................... 2-14
Subsection 2-22. Requirements for Agreements with the Developer .............. 2-14
Subsection 2-23. Assessment Agreements ................................. 2-14
Subsection 2-24. Administration of the District ............................... 2-14
Subsection 2-25. Annual Disclosure Requirements ........................... 2-15
Subsection 2-26. Reasonable Expectations ................................. 2-15
Subsection 2-27. Other Limitations on the Use of Tax Increment . ................ 2-15
Subsection 2-28. Summary.............................................. 2-16
Appendix A
Project Description ...................................................... A-1
Appendix B
Map of the Richfield Redevelopment Project Area and the District ................. B-1
Appendix C
Description of Property to be Included in the District ............................ C-1
Appendix D
Estimated Cash Flow for the District ........................................ D-1
Appendix E
Minnesota Business Assistance Form ....................................... E-1
Appendix F
Redevelopment Qualifications for the District .................................. F-1
Appendix G
Findings Including But/For Qualifications..................................... G-1
Appendix H
Prior Planned Improvements .............................................. H-4
Appendix I
2017 Special Legislation ................................................... I-4
Section 1 - Modification to the Redevelopment Plan
for the Richfield Redevelopment Project Area
Foreword
The following text represents a Modification to the Redevelopment Plan for the Richfield Redevelopment
Project Area. This modification represents a continuation of the goals and objectives set forth in the
Redevelopment Plan for the Richfield Redevelopment Project Area. Generally, the substantive changes
include the establishment of the Lyndale Gardens Tax Increment Financing District.
For further information, a review of the Redevelopment Plan for the Richfield Redevelopment Project Area
is recommended. It is available from the Community Development Director at the City of Richfield. Other
relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing
Districts located within the Richfield Redevelopment Project Area.
Richfield Housing and Redevelopment Authority
Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area 1-1
Section 2 - Tax Increment Financing Plan
for the Lyndale Gardens Tax Increment Financing District
Subsection 2-1. Foreword
The Richfield Housing and Redevelopment Authority (the "HRA"), the City of Richfield (the "City"), staff
and consultants have prepared the following information to expedite the establishment of the Lyndale
Gardens Tax Increment Financing District (the "District"), a redevelopment tax increment financing district,
located in the Richfield Redevelopment Project Area.
Subsection 2-2. Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota
Statutes ("M.S."), Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to
469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act"), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan") for the District. Other relevant
information is contained in the Modification to the Redevelopment Plan for the Richfield Redevelopment
Project Area.
Subsection 2-3. Statement of Objectives
The District currently consists of four parcel(s) of land and adjacent and internal rights-of-way. The District
is being created to facilitate the construction of a mixed-use commercial/retail, multi-family rental housing
and public/community space in the City. Please see Appendix A for further District information. The HRA
has not entered into an agreement or designated a developer at the time of preparation of this TIF Plan,
however, it is anticipated that they will enter into an agreement with the Cornerstone Group. Development
is likely to begin in summer 2011. This TIF Plan is expected to achieve many of the objectives outlined in
the Redevelopment Plan for the Richfield Redevelopment Project Area.
The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude
the undertaking of other qualified development or redevelopment activities. These activities are anticipated
to occur over the life of the Richfield Redevelopment Project Area and the District.
Subsection 2-4. Redevelopment Plan Overview
1. Property to be Acquired - Selected property located within the District may be acquired by
the HRA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the necessary
legal requirements, the HRA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
4. The HRA or City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-1
Subsection 2-5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the
parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information
on the location of the District.
The HRA or City may acquire any parcel within the District including interior and adjacent street rights of
way. Any properties identified for acquisition will be acquired by the HRA or City only in order to
accomplish one or more of the following: storm sewer improvements; provide land for needed public streets,
utilities and facilities; carry out land acquisition, site improvements, clearance and/or development to
accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift,
dedication, condemnation or direct purchase from willing sellers in order to achieve the objectives of this TIF
Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition
and related costs.
Subsection 2-6. Classification of the District
The HRA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a
redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(1) as defined below:
(a) "Redevelopment district" means a type of tax increment financing district consisting of a project,
or portions of a project, within which the authority finds by resolution that one or more of the
following conditions, reasonably distributed throughout the district, exists:
(1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets,
utilities, paved or gravel parking lots or other similar structures and more than 50 percent
of the buildings, not including outbuildings, are structurally substandard to a degree
requiring substantial renovation or clearance;
(2) The property consists of vacant, unused, underused, inappropriately used, or infrequently
used rail yards, rail storage facilities or excessive or vacated railroad rights-of-way;
(3) tank facilities, or property whose immediately previous use was for tank facilities, as defined
in Section 115C, Subd. 15, if the tank facility:
(i) have or had a capacity of more than one million gallons;
(ii) are located adjacent to rail facilities; or
(iii)have been removed, or are unused, underused, inappropriately used or infrequently
used; or
(4) a qualifying disaster area, as defined in Subd. 10b.
(b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in
structural elements or a combination of deficiencies in essential utilities and facilities, light and
ventilation, fire protection including adequate egress, layout and condition of interior partitions,
or similar factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.
(c) A building is not structurally substandard if it is in compliance with the building code applicable
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-2
to new buildings or could be modified to satisfy the building code at a cost of less than 15
percent of the cost of constructing a new structure of the same square footage and type on the
site. The municipality may find that a building is not disqualified as structurally substandard
under the preceding sentence on the basis of reasonably available evidence, such as the size,
type, and age of the building, the average cost of plumbing, electrical, or structural repairs or
other similar reliable evidence. The municipality may not make such a determination without
an interior inspection of the property, but need not have an independent, expert appraisal
prepared of the cost of repair and rehabilitation of the building. An interior inspection of the
property is not required, if the municipality finds that (1) the municipality or authority is unable
to gain access to the property after using its best efforts to obtain permission from the party that
owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion
that the building is structurally substandard.
(d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the
finding under paragraph (a) or by the improvement described in paragraph (e) if all of the
following conditions are met:
(1) the parcel was occupied by a substandard building or met the requirements of paragraph
(e), as the case may be, within three years of the filing of the request for certification of the
parcel as part of the district with the county auditor;
(2) the substandard building or the improvements described in paragraph (e) were demolished
or removed by the authority or the demolition or removal was financed by the authority or
was done by a developer under a development agreement with the authority;
(3) the authority found by resolution before the demolition or removal that the parcel was
occupied by a structurally substandard building or met the requirement of paragraph (e) and
that after demolition and clearance the authority intended to include the parcel within a
district; and
(4) upon filing the request for certification of the tax capacity of the parcel as part of a district,
the authority notifies the county auditor that the original tax capacity of the parcel must be
adjusted as provided by § 469.177, subdivision 1, paragraph (f).
(e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved
or gravel parking lots or other similar structures unless 15 percent of the area of the parcel
contains buildings, streets, utilities, paved or gravel parking lots or other similar structures.
(f) For districts consisting of two or more noncontiguous areas, each area must qualify as a
redevelopment district under paragraph (a) to be included in the district, and the entire area of
the district must satisfy paragraph (a).
In meeting the statutory criteria the HRA and City rely on the following facts and findings:
• The District is a redevelopment district consisting of four parcels.
• An inventory shows that parcels consisting of more than 70 percent of the area in the District are
occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures.
• An inspection of the buildings located within the District finds that more than 50 percent of the buildings
are structurally substandard as defined in the TIF Act. (See Appendix F).
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-3
Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in
any of the five calendar years before the filing of the request for certification of the District.
Subsection 2-7. Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax
increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. 1b.,
the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of
26 years of tax increment). The HRA or City elects to receive the first tax increment in 2014, which is no
later than four years following the year of approval of the District. Thus, it is estimated that the District,
including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after
2039, or when the TIF Plan is satisfied. The HRA or City reserves the right to decertify the District prior to
the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value/Increment and Notification of Prior Planned Improvements
Pursuant to M.S., Section 469.174, Subd. 7 and M.S., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTC) as certified for the District will be based on the market values placed on the property by the assessor
in 2011 for taxes payable 2012.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditor shall certify in each year (beginning
in the payment year 2014) the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court-ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no
value will be captured and no tax increment will be payable to the HRA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2012, assuming the
request for certification is made before June 30, 2012. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within the Richfield Redevelopment Project Area, upon
completion of the projects within the District, will annually approximate tax increment revenues as shown
in the table below. The HRA and City request 100 percent of the available increase in tax capacity for
repayment of its obligations and current expenditures, beginning in the tax year payable 2014. The Project
Tax Capacity (PTC) listed is an estimate of values when the projects within the District are completed.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-4
Project Estimated Tax Capacity upon Completion (PTC) $908,678
Original Estimated Net Tax Capacity (ONTC) $62,977
Fiscal Disparities Reduction $110,967
Estimated Captured Tax Capacity (CTC) $734,734
Original Local Tax Rate 1.38568 Pay 2011
Estimated Annual Tax Increment (CTC x Local Tax Rate) $1,018,106
Percent Retained by the HRA 100%
Tax capacity includes a 4% inflation factor for the duration of the District. The tax capacity included in thischart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one isestimated to be $142,942.
Pursuant to M.S., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found that some building permits
have been issued in the past 18 months, but none that should increase the original tax capacity. Please
see Appendix H for the building permits that were issued.
Subsection 2-9. Sources of Revenue/Bonds to be Issued
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax
increments. The HRA or City reserves the right to incur bonds or other indebtedness as a result of the TIF
Plan. As presently proposed, the projects within the District will be financed by on or more pay-as-you-go
notes. Any refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This
provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other
debt only upon the determination that such action is in the best interest of the City.
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES OF FUNDS TOTAL
Tax Increment $15,600,000
Interest $0
TOTAL $15,600,000
The HRA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments
from the District in a maximum principal amount of $7,266,000. Such bonds may be in the form of pay-as-
you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total
bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-5
Subsection 2-10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of a mixed-use
commercial/retail, multi-family rental housing and public/community space. The HRA and City have
determined that it will be necessary to provide assistance to the project(s) for certain District costs, as
described below. The HRA has studied the feasibility of the development or redevelopment of property in
and around the District. To facilitate the establishment and development or redevelopment of the District,
this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses.
The estimate of public costs and uses of funds associated with the District is outlined in the following table.
USES OF TAX INCREMENT FUNDS
AS ADOPTED ON
AUGUST 9, 2011
AS AMENDED ON
OCTOBER 17, 2011
Land/Building Acquisition $3,000,000 $3,200,000
Site Improvements/Preparation $351,000 $2,416,000
Utilities $0 $0
Other Qualifying Improvements $15,000 $15,000
Costs Outside of District $2,340,000 $75,000
Administrative Costs (up to 10%)$1,560,000 $1,560,000
PROJECT COST TOTAL $7,266,000 $7,266,000
Interest $8,334,000 $8,334,000
PROJECT AND INTEREST COSTS TOTAL $15,600,000 $15,600,000
(As Modified March 19, 2019)
USES OF TAX INCREMENT FUNDS
AS MODIFIED ON
MARCH 19, 2019
Land/Building Acquisition $3,466,559
Site Improvements/Preparation $2,159,441
Utilities $80,000
Administrative Costs (up to 10%)$1,560,000
PROJECT COST TOTAL $7,266,000
Interest $8,334,000
PROJECT AND INTEREST COSTS TOTAL $15,600,000
The total project cost, including financing costs (interest) listed in the table above does not exceed the total
projected tax increments for the District as shown in Appendix D.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-6
Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant
to M.S., Section 469.1763, Subd. 2, no more than 25 percent of the tax increment paid by property within the
District will be spent on activities related to development or redevelopment outside of the District but within
the boundaries of the Richfield Redevelopment Project Area, (including administrative costs, which are
considered to be spent outside of the District) subject to the limitations as described in this TIF Plan. The
HRA and the City reserve the right to expend tax increment for activities outside the District within the
limitations of M.S., Section 469.1763, Subd. 2.
Subsection 2-11. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the HRA or City may elect one of two methods to calculate fiscal
disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause b (within the District) are
followed, the following method of computation shall apply:
(1) The original net tax capacity shall be determined before the application of the fiscal disparity
provisions of Chapter 276A or 473F. The current net tax capacity shall exclude any fiscal
disparity commercial-industrial net tax capacity increase between the original year and the
current year multiplied by the fiscal disparity ratio determined pursuant to M.S., Section
276A.06, subdivision 7 or M.S., Section 473F.08, subdivision 6. Where the original net tax
capacity is equal to or greater than the current net tax capacity, there is no captured tax capacity
and no tax increment determination. Where the original tax capacity is less than the current tax
capacity, the difference between the original net tax capacity and the current net tax capacity
is the captured net tax capacity. This amount less any portion thereof which the authority has
designated, in its tax increment financing plan, to share with the local taxing districts is the
retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the
net tax capacity of the local taxing districts in determining local taxing district tax rates. The
local tax rates so determined are to be extended against the retained captured net tax capacity
of the authority as well as the net tax capacity of the local taxing districts. The tax generated by
the extension of the less of (A) the local taxing district tax rates or (B) the original local tax rate
to the retained captured net tax capacity of the authority is the tax increment of the authority.
The HRA will choose to calculate fiscal disparities by clause b.
According to M.S., Section 469.177, Subd. 3:
(c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or
(b) shall remain the same for the duration of the district, except that the governing body may
elect to change its election from the method of computation in paragraph (a) to the method in
paragraph (b).
Subsection 2-12. Business Subsidies
Pursuant to M.S., Section 116J.993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
(1) A business subsidy of less than $150,000;
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-7
(2) Assistance that is generally available to all businesses or to a general class of similar businesses,
such as a line of business, size, location, or similar general criteria;
(3) Public improvements to buildings or lands owned by the state or local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature;
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $150,000 or less;
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
(23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to
valuation under Minnesota Rules, chapter 8100.
The HRA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 2-13. County Road Costs
Pursuant to M.S., Section 469.175, Subd. 1a, the county board may require the HRA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgment of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the HRA or City within forty-
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-8
five days of receipt of this TIF Plan. In the opinion of the HRA and City and consultants, the proposed
development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan
was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF
Plan would occur without the creation of the District. However, the HRA or City has determined that such
development or redevelopment would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
IMPACT ON TAX BASE
2010/Pay 2011
Total Net
Tax Capacity
Estimated Captured
Tax Capacity (CTC)
Upon Completion
Percent of CTC
to Entity Total
Hennepin County 1,320,682,751 734,734 0.0556%
City of Richfield 24,776,100 734,734 2.9655%
Richfield ISD No. 280 32,204,673 734,734 2.2815%
IMPACT ON TAX RATES
Pay 2011
Extension Rates
Percent
of Total CTC
Potential
Taxes
Hennepin County 0.458400 33.08% 734,734 336,802
City of Richfield 0.567970 40.99% 734,734 417,307
Richfield ISD No. 280 0.267590 19.31% 110,967 29,694
Other 0.091720 6.62%110,967 10,178
Total 1.385680 100.00%793,980
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual Pay 2011 rate. The total net capacity for the entities listed above are based
on actual Pay 2011 figures. The District will be certified under the actual Pay 2012 rates, which were
unavailable at the time this TIF Plan was prepared.
Pursuant to M.S. Section 469.175 Subd. 2(b):
(1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be
generated over the life of the District is $15,600,000;
(2) Probable impact of the District on city provided services and ability to issue debt. A minimal impact
of the District on police protection is expected. The Police Department does track all calls for service
including property-type calls and crimes. With any addition of new residents or businesses, police
calls for service will be increased. New developments add an increase in traffic, and additional
overall demands to the call load. The City does not expect that the proposed development, in and
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-9
of itself, will necessitate new capital investment in vehicles or require that the City hire additional
officers.
The probable impact of the District on fire protection is not expected to be significant. Typically new
buildings generate few calls, if any, and are of superior construction. The existing buildings, which
will be eliminated by the new development, have public safety concerns that includes a vacant,
blighted building with issues such as vandalism. The building will also go from a non-sprinklered
building, to a fully-sprinkled building.
The impact of the District on public infrastructure is expected to be minimal. The development is
not expected to significantly impact any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional volume generated from
the proposed development. Based on the development plans, there are no additional costs associated
with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District
is not expected to contribute to water (WAC) connection fees.
The probable impact of any District general obligation tax increment bonds on the ability to issue
debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any
general obligation debt issued in relation to this project, therefore there will be no impact on the
City's ability to issue future debt or on the City's debt limit.
(3) Estimated amount of tax increment attributable to school district levies. It is estimated that the
amount of tax increments over the life of the District that would be attributable to school district
levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions
remained the same, is $3,012,360;
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of
tax increments over the life of the District that would be attributable to county levies, assuming the
county's share of the total local tax rate for all taxing jurisdictions remained the same, is $5,160,480;
(5) Additional information requested by the county or school district. The City is not aware of any
standard questions in a county or school district written policy regarding tax increment districts and
impact on county or school district services. The county or school district must request additional
information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax
increment financing plan.
No requests for additional information from the county or school district regarding the proposed
development for the District have been received.
Subsection 2-15. Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. 1 (a), clause 7 the TIF Plan must contain identification and
description of studies and analyses used to make the determination set forth in M.S. Section 469.175, Subd.
3, clause (b)(2) and the findings are required in the resolution approving the District. Following is a list of
reports and studies on file at the City that support the HRA and City's findings:
• TIF Application, The Cornerstone Group;
• Project Proformas, The Cornerstone Group;
• Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment
Financing District, LHB Inc., 2011.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-10
Subsection 2-16. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S., Section 273.1384.
Subsection 2-17. Modifications to the District
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the
requirements of M.S., Section 469.175, Subd. 4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not a part of the original TIF
Plan;
4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City;
5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the HRA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to M.S. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not
be enlarged after five years following the date of certification of the original net tax capacity by the county
auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that
the addition to the district meets the criteria of M.S., Section 469.174, Subd. 10, must be documented in
writing and retained. The requirements of this paragraph do not apply if (1) the only modification is
elimination of parcel(s) from the District and (2)(A) the current net tax capacity of the parcel(s) eliminated
from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax
capacity or (B) the HRA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax
capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the
District.
The HRA or City must notify the County Auditor of any modification to the District. Modifications to the
District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF
Plan.
Subsection 2-18. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-11
HRA or City, other than:
1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
District;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
District; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982,
and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond
counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section
469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative
expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures
authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause
(1), from the District, whichever is less.
For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay
any administrative expenses for District costs which exceed ten percent of total estimated tax increment
expenditures authorized by the TIF Plan or the total tax increments, as defined in M.S., Section 469.174, Subd.
25, clause (1), from the District, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District and are not subject to the percentage limits
of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the
year following the year the expenses were incurred.
Pursuant to M.S., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount
deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be
appropriated to the State Auditor for the cost of financial reporting of tax increment financing information
and the cost of examining and auditing authorities' use of tax increment financing. This amount may be
adjusted annually by the Commissioner of Revenue.
Subsection 2-19. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to M.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax
increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation
or renovation of property or other site preparation, including qualified improvement of a
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-12
street adjacent to a parcel but not installation of utility service including sewer or water
systems, has been commenced on a parcel located within a tax increment financing district
by the authority or by the owner of the parcel in accordance with the tax increment financing
plan, no additional tax increment may be taken from that parcel and the original net tax
capacity of that parcel shall be excluded from the original net tax capacity of the tax
increment financing district. If the authority or the owner of the parcel subsequently
commences demolition, rehabilitation or renovation or other site preparation on that parcel
including qualified improvement of a street adjacent to that parcel, in accordance with the
tax increment financing plan, the authority shall certify to the county auditor that the activity
has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity
of the tax increment financing district. The county auditor must enforce the provisions of this
subdivision. The authority must submit to the county auditor evidence that the required
activity has taken place for each parcel in the district. The evidence for a parcel must be
submitted by February 1 of the fifth year following the year in which the parcel was certified
as included in the district. For purposes of this subdivision, qualified improvements of a
street are limited to (1) construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing street.
The HRA or City or a property owner must improve parcels within the District by approximately July 2015
and report such actions to the County Auditor.
Subsection 2-20. Use of Tax Increment
The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. To finance, or otherwise pay public redevelopment costs of the Richfield Redevelopment Project
Area pursuant to M.S., Sections 469.001 to 469.047;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
HRA or City or for the benefit of the Richfield Redevelopment Project Area by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
M.S., Chapter 462C. M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152
through 469.165, and/or M.S., Sections 469.178.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Hennepin County to the HRA for the Tax Increment
Fund of said District. The HRA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for HRA or City administration (up to 10 percent) and for the costs of public improvement
activities outside the District.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-13
Subsection 2-21. Excess Increments
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The HRA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the HRA or City may, subject to the limitations set forth herein, choose to
modify the TIF Plan in order to finance additional public costs in the Richfield Redevelopment Project Area
or the District.
Subsection 2-22. Requirements for Agreements with the Developer
The HRA or City will review any proposal for private development to determine its conformance with the
Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the
development with City plans and ordinances. The HRA or City may also use the Agreements to address other
issues related to the development.
Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any time be owned by the HRA or City as a result
of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments
from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the HRA
or City concluded an agreement for the development or redevelopment of the property acquired and which
provides recourse for the HRA or City should the development or redevelopment not be completed.
Subsection 2-23. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who 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, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2-24. Administration of the District
Administration of the District will be handled by the Community Development Director.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-14
Subsection 2-25. Annual Disclosure Requirements
Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the HRA or City must undertake financial reporting
for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor
on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement
shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S., Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2-26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future and that the increased market value of the site that could reasonably be expected
to occur without the use of tax increment financing would be less than the increase in the market value
estimated to result from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representation made by the developer to such effects
and upon HRA and City staff awareness of the feasibility of developing the project site(s) within the District.
A comparative analysis of estimated market values both with and without establishment of the District and
the use of tax increments has been performed as described above. Such analysis is included with the cashflow
in Appendix D, and indicates that the increase in estimated market value of the proposed development (less
the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the
District and the use of tax increments.
Subsection 2-27. Other Limitations on the Use of Tax Increment
1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the the
Richfield Redevelopment Project Area pursuant to M.S., Sections 469.001 to 469.047. Tax increments
may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition,
construction, renovation, operation, or maintenance of a building to be used primarily and regularly for
conducting the business of a municipality, county, school district, or any other local unit of government
or the state or federal government. This provision does not prohibit the use of revenues derived from tax
increments for the construction or renovation of a parking structure.
2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on
activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance
activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not
more than 25 percent of said tax increments may be expended, through a development fund or otherwise,
on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced
bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they
were solely for activities outside of the District.
3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall
be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule
set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year
following certification of the District, 75 percent of said tax increments that remain after expenditures
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-15
permitted under said five year rule must be used only to pay previously committed expenditures or credit
enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5.
4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a
redevelopment district must be used to finance the cost of correcting conditions that allow designation
of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs
include, but are not limited to, acquiring properties containing structurally substandard buildings or
improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary
to provide a site of sufficient size to permit development, demolition and rehabilitation of structures,
clearing of the land, the removal of hazardous substances or remediation necessary for development of
the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated
administrative expenses of the HRA or City, including the cost of preparation of the development action
response plan, may be included in the qualifying costs.
Subsection 2-28. Summary
The Richfield Housing and Redevelopment Authority is establishing the District to preserve and enhance the
tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for
the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota
55113, telephone (651) 697-8500.
Richfield Housing and Redevelopment Authority
Tax Increment Financing Plan for Lyndale Gardens Tax Increment Financing District 2-16
Appendix A
Project Description
The Lyndale Gardens Tax Increment Financing District is being established to facilitate a multi-phase, mixed
use redevelopment on the former Lyndale Garden Center Site. Phase I will include rehabilitation of the
garden center building. It is anticipated that the commercial space will contain several uses, including an
anchor tenant, office space, retail and a community space. Phase II will include construction of
approximately 100 units of rental housing with a mixture of market rate and affordable units. The final phase
is anticipated to include the substantial rehabilitation of additional market rate and affordable housing units.
It is anticipated that financing for the redevelopment project will be provided through a pay-as-you-go note
and an interfund loan from the HRA.
(As Modified March 19, 2019)
The proposed development in the Lyndale Gardens Tax Increment Financing District is being modified to
include the Lakewinds Co-op, approximately 8 units of rental townhomes, approximately 66 units of
rental apartment units, approximately 6,000 square feet of commercial / retail space and approximately 30
units of owner occupied townhomes.
It is anticipated that two pay-as-you-go notes will be issued to the Master Developer and Secondary
Developer.
Appendix A-1
Appendix B
Map of the Richfield Redevelopment Project Area and the District
Appendix B-1
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May 2011
PROPOSED LYNDALE GARDENS TIF DISTRICT
Legend
Richfield R edevelopment Project area boundary
Proposed TIF Redevelopment District
Appendix C
Description of Property to be Included in the District
At the time of approval, the District encompassed all property and adjacent rights-of-way and abutting
roadways identified by the parcels listed below.
Parcel Numbers Address Owner
28-028-24-11-0080 6400 Lyndale Ave. S. Rancho Richfield, LLC
28-028-24-11-0002 6330 Lyndale Ave. S. Roy E. Peterson
27-028-24-23-0064 6430 Lyndale Ave. S. Rancho Richfield, LLC
27-028-24-23-0065 840 65th St. W. 800 Company, LLP
After adoption of the TIF Plan, the area was replatted. Parcel 27-028-24-23-0065 was combined with
adjacent parcels resulting in parcel 27-028-24-23-0110.
The following is a list of the parcels after replatting and as certified for the District.
Parcel Numbers Address
28-028-24-11-0088 6400 Lyndale Ave. S.
28-028-24-11-0002 6330 Lyndale Ave. S.
27-028-24-23-0064 6430 Lyndale Ave. S.
(As Modified March 19, 2019)
The following is a list of the parcels after replatting:
Secondary Developer Property: PID : 28-028-24-11-0090 (portion for Apartments)
PID : 28-028-24-11-0089 (portion for Apartments)
Master Developer Property: PID : 27-028-24-23-0114 (Lakewinds)
PID : 27-028-24-23-0115 (Lakewinds Parking)
PID : 28-028-24-11-0090 (portion for Retail)
PID : 28-028-24-11-0089 (portion for Condominiums)
Appendix C-1
Appendix D
Estimated Cash Flow for the District
Appendix D-1
6/24/2011Base Value Assumptions - Page 1Lyndale Garden Center - 4.0% InflationCity of Richfield95 Units of Rental Housing with Commercial and Public Space in Phase I and Phase II(Information based on project information received 5/24/2011 plus estimates for housing in Phase III )ASSUMPTIONS AND RATESDistrictType: RedevelopmentMaximum/Frozen Local Tax Rate: 138.568% Pay 2011 District Name/Number: TDBCurrent Local Tax Rate: (Use lesser of Current or Max.) 138.568% Pay 2011 County District #: TBDState-wide Tax Rate (Comm./Ind. only used for total taxes) 49.0430% Pay 2011 First Year Construction or Inflation on Value 2012Market Value Tax Rate (Used for total taxes) 0.14886% Pay 2011 Existing District - Specify No. Years RemainingInflation Rate - Every Year:4.00% PROPERTY TAX CLASSES AND CLASS RATES:Developer's Interest Rate:5.50%Exempt Class Rate (Exempt) 0.00%Present Value Date:1-Feb-12Commercial Industrial Preferred Class Rate (C/I Pref.)First Period Ending 1-Aug-12 First $150,000 1.50%Tax Year District was Certified:Pay 2012Over $150,000 2.00%Cashflow Assumes First Tax Increment For District: 2014 Commercial Industrial Class Rate (C/I) 2.00%Years of Tax Increment 26 Rental Housing Class Rate (Rental) 1.25%Assumes Last Year of Tax Increment 2039Affordable Rental Housing Class Rate (Aff. Rental) 0.75%Fiscal Disparities Election [Outside (A), Inside (B), or NA]Inside(B)Non-Homestead Residential (Non-H Res.) 1.25%Incremental or Total Fiscal DisparitiesIncrementalHomestead Residental Class Rate (Hmstd. Res.)Fiscal Disparities Contribution Ratio 41.5461% Pay 2011 First $500,000 1.00%Fiscal Disparities Metro-Wide Tax Rate 129.3270% Pay 2011 Over $500,000 1.25%Agricultural Non-Homestead 1.00%Percentage Tax Year Property Current Class AfterLand Building Total Of Value Used Original Original Tax Original After ConversionMap # PID Owner Address Market Value Market Value Market Value for District Market Value Market Value Class Tax Capacity Conversion Orig. Tax Cap. Area/Phase28-028-24-11-0080Rancho Richfield 6400 Lyndale Ave. S.2,675,000 1,000 2,676,000 50% 1,338,000 Pay 2012 C/I Pref. 26,010 C/I Pref. 26,010 128-028-24-11-0080Rancho Richfield 6400 Lyndale Ave. S.2,675,000 1,000 2,676,000 30% 802,800 Pay 2012 C/I 16,056 Rental 10,035 228-028-24-11-0080Rancho Richfield 6400 Lyndale Ave. S.2,675,000 1,000 2,676,000 20% 535,200 Pay 2012 C/I 10,704 Aff. Rental 4,014 228-028-24-11-0002Roy Peterson 6330 Lyndale Ave. S. 216,000 128,000 344,000 100% 344,000 Pay 2012 C/I Pref. 6,130 Rental 4,300 227-028-24-23-0064Rancho Richfield 6430 Lyndale Ave. S.249,000 0 249,000 100% 249,000 Pay 2012 C/I Pref. 4,230 C/I Pref. 4,230 227-028-24-23-0065800 Company LLP 840 65th St. 264,000 887,000 1,151,000 100% 1,151,000 Pay 2012 Non-H Res. 14,388 Rental 14,388 38,754,000 1,018,000 9,772,0004,420,000 77,518 62,977Note:1. Base values are based upon Hennepin County website for Pay 2012. Percent for development is based on estimates. BASE VALUE INFORMATION (Original Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Richfield\Housing-ED-Redevelopment\TIF\TIF Districts\Lyndale Garden Center Site\TIF cashflow 6-22-2011 for TIF Plan
6/24/2011Base Value Assumptions - Page 2Lyndale Garden Center - 4.0% InflationCity of Richfield95 Units of Rental Housing with Commercial and Public Space in Phase I and Phase IIPropertyPercentage Percentage Percentage Percentage First YearTotal Market Value Market Tax Project Completed Completed Completed Completed Full TaxesArea/Phase New Use Sq. Ft./Units Sq. Ft./UnitsValue Class Tax Capacity2012 2013 2014 2015 Payable2 Market Rent 69 169,724 11,710,956 Rental 146,387 0% 75% 100% 100% 20162Affordable Rent 26 169,724 4,412,824Aff. Rental 33,096 0% 75% 100% 100% 20161Anchor 28,000 125 3,500,000 C/I Pref. 69,250 100% 100% 100% 100% 20141 Flex space 15,000 125 1,875,000 C/I 37,500 100% 100% 100% 100% 20141 Common 5,968 110 656,480 C/I 13,130 100% 100% 100% 100% 20141 Office/Edu 9,225 125 1,153,125 C/I 23,063 100% 100% 100% 100% 20143 Housing 80 2,877,500 Rental 35,969 0% 0% 0% 100% 2017TOTAL26,185,885 358,394 Subtotal Residential 175 19,001,280 215,452 Subtotal Commercial/Ind. 58,193 7,184,605 142,942 Note:1. Market values are based upon estimates from the developer. Phase 3 values are estimates for rehabilitation of existing units.2. Assumes 20% affordable housing, per Cornerstone.3. Developer has requested first increment in 2014. District is anticipated to be certified with Pay 2012 values.Total Fiscal Local Local Fiscal State-wide MarketTax Disparities Tax PropertyDisparities PropertyValue Total Taxes PerNew UseCapacityTax CapacityCapacityTaxes Taxes Taxes Taxes Taxes Sq. Ft./UnitMarket Rent 146,387 0 146,387 202,845 0 0 17,433 220,278 3,192.44Affordable Rent 33,096 0 33,096 45,861 0 0 6,569 52,430 2,016.52Anchor 69,250 28,771 40,479 56,091 37,208 33,962 5,210 132,472 4.73Flex space 37,500 15,580 21,920 30,374 20,149 18,391 2,791 71,706 4.78Common 13,130 5,455 7,675 10,635 7,055 6,439 977 25,106 4.21Office/Edu 23,063 9,582 13,481 18,680 12,392 11,311 1,717 44,099 4.78Housing 35,969 0 35,969 49,841 0 0 4,283 54,125 676.56TOTAL 358,394 59,387 299,007 414,328 76,803 70,103 38,980 600,215Note: 1. Taxes and tax increment will vary signficantly from year to year depending upon values, rates, state law, fiscal disparities and other factors which cannot be predicted.Total Property Taxes 600,215Current Market Value - Est. 4,420,000less State-wide Taxes (70,103)New Market Value - Est. 26,185,885less Fiscal Disp. Adj. (76,803) Difference 21,765,885less Market Value Taxes (38,980)Present Value of Tax Increment 6,302,782less Base Value Taxes (69,856) Difference 15,463,103Annual Gross TIF 344,472Value likely to occur without Tax Increment is less than:15,463,103 WHAT IS EXCLUDED FROM TIF? MARKET VALUE BUT / FOR ANALYSISTAX CALCULATIONSPROJECT INFORMATION (Project Tax Capacity)Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Richfield\Housing-ED-Redevelopment\TIF\TIF Districts\Lyndale Garden Center Site\TIF cashflow 6-22-2011 for TIF Plan
6/24/2011Tax Increment Cashflow - Page 3Lyndale Garden Center - 4.0% InflationCity of Richfield95 Units of Rental Housing with Commercial and Public Space in Phase I and Phase IITAX INCREMENT CASH FLOWProject Original Fiscal Captured Local Annual Semi-Annual State Admin. Semi-Annual Semi-Annual PERIOD% of Tax Tax Disparities Tax Tax Gross Tax Gross Tax Auditor at Net Tax Present ENDING Tax PaymentOTC Capacity Capacity Incremental Capacity Rate Increment Increment 0.36% 10% Increment Value Yrs. Year Date- - - - 08/01/12- - - - 02/01/13- - - - 08/01/13- - - - 02/01/14100% 142,942 (62,977) (46,823) 33,142 139% 45,925 22,962 (83) (2,288) 20,592 17,980 0.5 2014 08/01/14100% 142,942 (62,977) (46,823) 33,142 139% 45,925 22,962 (83) (2,288) 20,592 35,478 1 2014 02/01/15100% 283,272 (62,977) (46,823) 173,472 139% 240,377 120,189 (433) (11,976) 107,780 124,617 1.5 2015 08/01/15100% 283,272 (62,977) (46,823) 173,472 139% 240,377 120,189 (433) (11,976) 107,780 211,370 2 2015 02/01/16100% 334,089 (62,977) (46,823) 224,289 139% 310,793 155,397 (559) (15,484) 139,354 320,535 2.5 2016 08/01/16100% 334,089 (62,977) (46,823) 224,289 139% 310,793 155,397 (559) (15,484) 139,354 426,777 3 2016 02/01/17100% 383,422 (62,977) (46,823) 273,622 139% 379,152 189,576 (682) (18,889) 170,004 552,919 3.5 2017 08/01/17100% 383,422 (62,977) (46,823) 273,622 139% 379,152 189,576 (682) (18,889) 170,004 675,685 4 2017 02/01/18100% 398,758 (62,977) (48,696) 287,086 139% 397,809 198,904 (716) (19,819) 178,370 801,045 4.5 2018 08/01/18100% 398,758 (62,977) (48,696) 287,086 139% 397,809 198,904 (716) (19,819) 178,370 923,049 5 2018 02/01/19100% 414,709 (62,977) (50,644) 301,088 139% 417,212 208,606 (751) (20,785) 187,069 1,047,579 5.5 2019 08/01/19100% 414,709 (62,977) (50,644) 301,088 139% 417,212 208,606 (751) (20,785) 187,069 1,168,777 6 2019 02/01/20100% 431,297 (62,977) (52,670) 315,651 139% 437,391 218,696 (787) (21,791) 196,117 1,292,436 6.5 2020 08/01/20100% 431,297 (62,977) (52,670) 315,651 139% 437,391 218,696 (787) (21,791) 196,117 1,412,785 7 2020 02/01/21100% 448,549 (62,977) (54,777) 330,796 139% 458,377 229,189 (825) (22,836) 205,527 1,535,533 7.5 2021 08/01/21100% 448,549 (62,977) (54,777) 330,796 139% 458,377 229,189 (825) (22,836) 205,527 1,654,996 8 2021 02/01/22100% 466,491 (62,977) (56,968) 346,547 139% 480,203 240,101 (864) (23,924) 215,313 1,776,797 8.5 2022 08/01/22100% 466,491 (62,977) (56,968) 346,547 139% 480,203 240,101 (864) (23,924) 215,313 1,895,339 9 2022 02/01/23100% 485,151 (62,977) (59,246) 362,928 139% 502,902 251,451 (905) (25,055) 225,491 2,016,161 9.5 2023 08/01/23100% 485,151 (62,977) (59,246) 362,928 139% 502,902 251,451 (905) (25,055) 225,491 2,133,750 10 2023 02/01/24100% 504,557 (62,977) (61,616) 379,964 139% 526,508 263,254 (948) (26,231) 236,076 2,253,563 10.5 2024 08/01/24100% 504,557 (62,977) (61,616) 379,964 139% 526,508 263,254 (948) (26,231) 236,076 2,370,170 11 2024 02/01/25100% 524,739 (62,977) (64,081) 397,682 139% 551,059 275,530 (992) (27,454) 247,084 2,488,948 11.5 2025 08/01/25100% 524,739 (62,977) (64,081) 397,682 139% 551,059 275,530 (992) (27,454) 247,084 2,604,547 12 2025 02/01/26100% 545,729 (62,977) (66,644) 416,108 139% 576,592 288,296 (1,038) (28,726) 258,532 2,722,265 12.5 2026 08/01/26100% 545,729 (62,977) (66,644) 416,108 139% 576,592 288,296 (1,038) (28,726) 258,532 2,836,832 13 2026 02/01/27100% 567,558 (62,977) (69,310) 435,271 139% 603,147 301,573 (1,086) (30,049) 270,439 2,953,468 13.5 2027 08/01/27100% 567,558 (62,977) (69,310) 435,271 139% 603,147 301,573 (1,086) (30,049) 270,439 3,066,982 14 2027 02/01/28100% 590,260 (62,977) (72,082) 455,201 139% 630,763 315,382 (1,135) (31,425) 282,822 3,182,517 14.5 2028 08/01/28100% 590,260 (62,977) (72,082) 455,201 139% 630,763 315,382 (1,135) (31,425) 282,822 3,294,959 15 2028 02/01/29100% 613,870 (62,977) (74,966) 475,928 139% 659,484 329,742 (1,187) (32,856) 295,700 3,409,375 15.5 2029 08/01/29100% 613,870 (62,977) (74,966) 475,928 139% 659,484 329,742 (1,187) (32,856) 295,700 3,520,729 16 2029 02/01/30100% 638,425 (62,977) (77,964) 497,484 139% 689,354 344,677 (1,241) (34,344) 309,093 3,634,011 16.5 2030 08/01/30100% 638,425 (62,977) (77,964) 497,484 139% 689,354 344,677 (1,241) (34,344) 309,093 3,744,261 17 2030 02/01/31100% 663,962 (62,977) (81,083) 519,903 139% 720,419 360,209 (1,297) (35,891) 323,021 3,856,395 17.5 2031 08/01/31100% 663,962 (62,977) (81,083) 519,903 139% 720,419 360,209 (1,297) (35,891) 323,021 3,965,529 18 2031 02/01/32100% 690,521 (62,977) (84,326) 543,218 139% 752,726 376,363 (1,355) (37,501) 337,507 4,076,505 18.5 2032 08/01/32100% 690,521 (62,977) (84,326) 543,218 139% 752,726 376,363 (1,355) (37,501) 337,507 4,184,510 19 2032 02/01/33100% 718,142 (62,977) (87,699) 567,466 139% 786,326 393,163 (1,415) (39,175) 352,573 4,294,317 19.5 2033 08/01/33100% 718,142 (62,977) (87,699) 567,466 139% 786,326 393,163 (1,415) (39,175) 352,573 4,401,186 20 2033 02/01/34100% 746,867 (62,977) (91,207) 592,683 139% 821,270 410,635 (1,478) (40,916) 368,241 4,509,816 20.5 2034 08/01/34100% 746,867 (62,977) (91,207) 592,683 139% 821,270 410,635 (1,478) (40,916) 368,241 4,615,538 21 2034 02/01/35100% 776,742 (62,977) (94,855) 618,910 139% 857,611 428,806 (1,544) (42,726) 384,536 4,722,984 21.5 2035 08/01/35100% 776,742 (62,977) (94,855) 618,910 139% 857,611 428,806 (1,544) (42,726) 384,536 4,827,555 22 2035 02/01/36100% 807,812 (62,977) (98,650) 646,185 139% 895,406 447,703 (1,612) (44,609) 401,482 4,933,811 22.5 2036 08/01/36100% 807,812 (62,977) (98,650) 646,185 139% 895,406 447,703 (1,612) (44,609) 401,482 5,037,224 23 2036 02/01/37100% 840,124 (62,977) (102,596) 674,552 139% 934,713 467,356 (1,682) (46,567) 419,107 5,142,288 23.5 2037 08/01/37100% 840,124 (62,977) (102,596) 674,552 139% 934,713 467,356 (1,682) (46,567) 419,107 5,244,539 24 2037 02/01/38100% 873,729 (62,977) (106,700) 704,053 139% 975,592 487,796 (1,756) (48,604) 437,436 5,348,406 24.5 2038 08/01/38100% 873,729 (62,977) (106,700) 704,053 139% 975,592 487,796 (1,756) (48,604) 437,436 5,449,493 25 2038 02/01/39100% 908,678 (62,977) (110,967) 734,734 139% 1,018,106 509,053 (1,833) (50,722) 456,499 5,552,162 25.5 2039 08/01/39100% 908,678 (62,977) (110,967) 734,734 139% 1,018,106 509,053 (1,833) (50,722) 456,499 5,652,083 26 2039 02/01/40 Total15,669,219 (56,409) (1,561,281) 14,051,529 Present Value From 02/01/2012 Present Value Rate 5.50%6,302,782 (22,690) (628,009) 5,652,083 Prepared by Ehlers & Associates, Inc. - Estimates OnlyN:\Minnsota\Richfield\Housing-ED-Redevelopment\TIF\TIF Districts\Lyndale Garden Center Site\TIF cashflow 6-22-2011 for TIF Plan
Appendix E
Minnesota Business Assistance Form
(Minnesota Department of Employment and Economic Development)
A Minnesota Business Assistance Form (MBAF) should be used to report and/or update each calendar
year's activity by April 1 of the following year.
Please see the Minnesota Department of Employment and Economic Development (DEED) website at
http://www.deed.state.mn.us/Community/subsidies/MBAFForm.htm for information and forms.
Appendix E-1
Appendix F
Redevelopment Qualifications for the District
Appendix F-1
REPORT OF
INSPECTION PROCEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A REDEVELOPMENT DISTRICT
Lyndale Garden TIF District
Richfield, Minnesota
LHB Project No. 110189
July 22, 2011
Prepared For The
City of Richfield HRA
Prepared by
LHB, Inc.
250 Third Avenue North, Suite 450
Minneapolis, Minnesota 55401
Page 2
TABLE OF CONTENTS
Page
PART 1 Executive Summary ............................................................................ 3
Purpose of Evaluation ............................................................. 3
Scope of Work ........................................................................ 4
Conclusion .............................................................................. 4
PART 2 Minnesota Statute 469.174, Subdivision 10 Requirements .................. 4
PART 3 Procedures Followed........................................................................... 6
PART 4 Findings .............................................................................................. 6
A. Coverage Test ......................................................................... 6
B. Condition of Building Test ...................................................... 8
1. Building Inspection ........................................................... 8
2. Replacement Cost .............................................................. 8
3. Code Deficiencies ............................................................. 8
4. System Condition Deficiencies .......................................... 9
C. Distribution of Substandard Structures ................................... 10
PART 5 Team Credentials .............................................................................. 11
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
Page 3
PART 1 – EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Richfield HRA to inspect and evaluate the properties within a Tax
Increment Financing Redevelopment District (“TIF District”) proposed to be established by the
HRA. The proposed TIF District is located on and immediately adjacent to the Lyndale Garden
Center property, between Richfield Lake and Lyndale Avenue (Diagram 1). The purpose of
LHB’s work was to determine whether the proposed TIF District meets the statutory
requirements for coverage, and whether three buildings on four parcels, located within the
proposed TIF District, meet the qualifications required for a Redevelopment District.
Diagram 1 – Proposed TIF District
Page 4
SCOPE OF WORK
The proposed TIF District consists of four (4) parcels with three (3) structures.
The buildings received an on-site interior and exterior inspection on March 31, 2011. The
building on map parcel no. 3 was not inspected as it did not appear likely to be found
substandard. Building code and Condition Deficiency reports are located in Appendix B.
CONCLUSION
After inspecting and evaluating the properties within the proposed TIF District and applying
current statutory criteria for a Redevelopment District under Minnesota Statutes, Section
469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as
a Redevelopment District because:
• The proposed TIF District has a coverage calculation of 100 percent which is above the
70 percent requirement.
• 66.7 percent of the buildings are structurally substandard which is above the 50 percent
requirement.
• The substandard buildings are reasonably distributed throughout the geographic area of
the proposed TIF District.
The remainder of this report describes our process and findings in detail.
PART 2 – MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS
The properties were inspected in accordance with the following requirements under Minnesota
Statutes, Section 469.174, Subdivision 10(c), which states:
Interior Inspection
“The municipality may not make such determination [that the building is structurally
substandard] without an interior inspection of the property...”
Exterior Inspection and Other Means
“An interior inspection of the property is not required, if the municipality finds that
(1) the municipality or authority is unable to gain access to the property after using its best
efforts to obtain permission from the party that owns or controls the property; and
(2) the evidence otherwise supports a reasonable conclusion that the building is structurally
substandard.”
Documentation
“Written documentation of the findings and reasons why an interior inspection was not
conducted must be made and retained under section 469.175, subdivision 3(1).”
Page 5
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
…“parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, or paved or gravel parking lots”
The coverage required by the parcel to be considered occupied is defined under
Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: “For purposes of
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parking lots unless 15 percent of the area of the parcel contains building, streets, utilities,
or paved or gravel parking lots.”
B. Condition of Buildings Test
…“and more than 50 percent of the buildings, not including outbuildings, are structurally
substandard to a degree requiring substantial renovation or clearance;”
1. Structurally substandard is defined under Minnesota Statutes, Section 469.174,
Subdivision 10(b), which states: “For purposes of this subdivision, ‘structurally
substandard’ shall mean containing defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance.”
a. We do not count energy code deficiencies toward the thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(b)) defined as “structurally
substandard”, due to concerns expressed by the State of Minnesota Court of
Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November
13, 2001.
2. Buildings are not eligible to be considered structurally substandard unless they meet
certain additional criteria, as set forth in Subdivision 10(c) which states:
“A building is not structurally substandard if it is in compliance with the building
code applicable to new buildings or could be modified to satisfy the building code at a
cost of less than 15 percent of the cost of constructing a new structure of the same
square footage and type on the site. The municipality may find that a building is not
disqualified as structurally substandard under the preceding sentence on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
average cost of plumbing, electrical, or structural repairs, or other similar reliable
evidence.”
Page 6
“Items of evidence that support such a conclusion [that the building is not
disqualified] include recent fire or police inspections, on-site property appraisals or
housing inspections, exterior evidence of deterioration, or other similar reliable
evidence.”
LHB counts energy code deficiencies toward the 15 percent code threshold required
by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons:
• The Minnesota energy code is one of ten building code areas highlighted by
the Minnesota Department of Labor and Industry website where minimum
construction standards are required by law.
• The index page of the 2007 Minnesota Building Code lists the Minnesota
Energy Code as a “Required Enforcement” area compared to an additional
list of “Optional Enforcement” chapters.
• The Senior Building Code Representative for the Construction Codes and
Licensing Division of the Minnesota Department of Labor and Industry
confirmed that the Minnesota Energy Code is being enforced throughout the
State of Minnesota.
• In a January 2002 report to the Minnesota Legislature, the Management
Analysis Division of the Minnesota Department of Administration confirmed
that the construction cost of new buildings complying with the Minnesota
Energy Code is higher than buildings built prior to the enactment of the code.
• Proper TIF analysis requires a comparison between the replacement value of
a new building built under current code standards with the repairs that would
be necessary to bring the existing building up to current code standards. In
order for an equal comparison to be made, all applicable code chapters should
be applied to both scenarios. Since current construction estimating software
automatically applies the construction cost of complying with the Minnesota
Energy Code, energy code deficiencies should also be identified in the
existing structures.
PART 3 – PROCEDURES FOLLOWED
LHB was able to schedule interior and exterior inspections for two buildings on March 31,
2011, and made the following findings:
PART 4 – FINDINGS
A. Coverage Test
1. The total square foot area of each parcel in the proposed TIF District was obtained
from City records, GIS mapping and site verification.
Page 7
2. The total square foot area of buildings and site improvements on the parcels in the
proposed TIF District was obtained from City records, GIS mapping and site
verification.
3. The percentage of coverage for each parcel in the proposed TIF District was
computed to determine if the 15 percent minimum requirement was met. The total
square footage of parcels meet ing the 15 percent requirement was divided into the
total square footage of the entire district to determine if the 70 percent requirement
was met.
Finding:
The proposed TIF District met the coverage test under Minnesota Statutes, Section
469.174, Subdivision 10(e), which resulted in parcels consisting of 100 percent of the
area of the proposed TIF District being occupied by buildings, streets, utilities, paved
or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70
percent area coverage requirement for the proposed TIF District under Minnesota
Statutes, Section 469.174, Subdivision (a) (1).
Diagram 2 – Coverage Diagram
Shaded area depicts a parcel more than 15 percent occupied by buildings, streets, utilities,
Paved or gravel parking lots or other similar structures
Page 8
B. Condition of Building Test
1. Building Inspection
The first step in the evaluation process is the building inspection. After an initial
walk-thru, the inspector makes a judgment whether or not a building “appears” to
have enough defects or deficiencies of sufficient total significance to justify
substantial renovation or clearance. If it does, the inspector documents with notes and
photographs code and non-code deficiencies in the building.
2. Replacement Cost
The second step in evaluating a building to determine if it is substandard to a degree
requiring substantial renovation or clearance is to determine its replacement cost.
This is the cost of constructing a new structure of the same square footage and type on
site. Replacement costs were researched using R.S. Means Cost Works square foot
models for 2011.
A replacement cost was calculated by first establishing building use (office, retail,
residential, etc.), building construction type (wood, concrete, masonry, etc.), and
building size to obtain the appropriate median replacement cost, which factors in the
costs of construction in Richfield, Minnesota.
Replacement cost includes labor, materials, and the contractor’s overhead and profit.
Replacement costs do not include architectural fees, legal fees or other “soft” costs
not directly related to construction activities. Replacement cost for each building is
tabulated in Appendix A.
3. Code Deficiencies
The next step in evaluating a building is to determine what code deficiencies exist
with respect to such building. Code deficiencies are those conditions for a building
which are not in compliance with current building codes applicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a
building cannot be considered structurally substandard if its code deficiencies are not
at least 15 percent of the replacement cost of the building. As a result, it was
necessary to determine the extent of code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available information with respect to such
buildings contained in City Building Inspection records and making interior and
exterior inspections of the buildings. LHB utilizes the current Minnesota State
Building Code as the official code for our evaluations. The Minnesota State Building
Code is actually a series of provisional codes written specifically for Minnesota only
requir ements, adoption of several international codes, and amendments to the adopted
international codes.
Page 9
After identifying the code deficiencies in each building, we used R.S. Means Cost
Works 2011; Unit and Assembly Costs to determine the cost of correcting the
identified deficiencies. We were than able to compare the correction costs with the
replacement cost of each building to determine if the costs for correcting code
deficiencies meet the required 15 percent threshold.
Finding:
Two (2) out of three (3) buildings (66.7 percent) in the proposed TIF District
contained code deficiencies exceeding the 15 percent threshold required by Minnesota
Statutes, Section 469.174, Subdivision 10(c). A complete Building Code and
Condition Deficiency report for each building in the proposed TIF District can be
found in Appendix B of this report.
4. System Condition Deficiencies
If a building meets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), then in order for such building to be “structurally
substandard” under Minnesota Statutes, Section 469.174, Subdivision 10(b), the
building’s defects or deficiencies should be of sufficient total significance to justify
“substantial renovation or clearance.” Based on this definition, LHB re -evaluated
each of the buildings that met the code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted
“substantial renovation or clearance” based on the criteria we outlined above.
System condition deficiencies are a measurement of defects or substantial
deterioration in site elements, structure, exterior envelope, mechanical and electrical
components, fire protection and emergency systems, interior partitions, ceilings,
floors and doors.
The evaluation of system condition deficiencies was made by reviewing all available
information contained in City records, and making interior and exterior inspections of
the buildings. LHB only identified system condit ion deficiencies that were visible
upon our inspection of the building or contained in City records. We did not consider
the amount of “service life” used up for a particular component unless it was an
obvious part of that component’s deficiencies.
After identifying the system condition deficiencies in each building, we used our
professional judgment to determine if the list of defects or deficiencies are of
sufficient total significance to justify “substantial renovation or clearance.”
Finding:
In our professional opinion, two (2) out of three (3) buildings (66.7 percent) in the
proposed TIF District are structurally substandard to a degree requiring substantial
renovation or clearance, because of defects in structural elements or a combination of
deficiencies in essential utilities and facilities, light and ventilation, fire protection
Page 10
including adequate egress, layout and condition of interior partitions, or similar
factors which defects or deficiencies are of sufficient total significance to justify
substantial renovation or clearance. This exceeds the 50 percent requirement of
Subdivision 10a(1).
C. Distribution of substandard structures
Much of this report has focused on the condition of individual buildings as they relate
to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It
is also important to look at the distribution of substandard buildings throughout the
geographic area of the proposed TIF District (Diagram 3).
Finding:
The substandard buildings are reasonably distributed throughout the geographic area
of the proposed TIF District.
Diagram 3 – Substandard Buildings
Shaded area depicts parcels with substandard buildings
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA LEED AP - Project Principal/TIF Analyst
Michael has twenty-four years of architectural experience as project principal, project manager,
project designer and project architect on municipal planning, educational, commercial and
governmental projects. He is a Senior Vice President at LHB and currently leads the
Minneapolis office. Michael completed a two-year Bush Fellowship at the Massachusetts
Institute of Technology in 1999, earning Masters Degrees in City Planning and Real Estate
Development. Michael has served on over 35 committees, boards and community task forces,
including a term as City Council President and Chair of the Duluth/Superior Metropolitan
Planning organization. He is currently Chair of the Planning Commission in Edina, Minnesota.
He was one of four architects in the country to receive the National "Young Architects Citation"
from the American Institute of Architects in 1997.
Ben Trousdale, AIA - Project Manager/Inspector
Ben is a project architect in LHB’s Minneapolis office with 20 years of experience working on a
var iety of multi-family housing and commercial projects. He has extensive skills in creating
quality construction documents that convey a building’s fundamentals and unique design
details. His responsibilities include project management, code analysis, and o verseeing
document production. Ben is a licensed architect in Minnesota and is involved with AIA
activities including Search for Shelter charrettes.
Lydia Major, MLA, ASLA – GIS/Mapping
Lydia brings a passion for design that benefits the client, the community, and the environment.
Her experience includes designing and drafting commercial and residential properties at a
variety of scales. Lydia integrates her skills with AutoCAD, ArcGIS, and the Adobe Creative
Suite to produce plans, color renderings, booklets, and other presentation materials.
Communication is a critical component in all projects, and Lydia’s uses her education as a
writer to create compelling project documents, including proposals, requests for variance, and
other public-relations materials.
M:\11Proj\110189\400 Design\406 Reports\TIF\Final Report\Lyndale Gardens Redevelopment TIF Final Report 7-18-11.doc
APPENDICES
APPENDIX A Property Condition Assessment Summary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
APPENDIX A
Property Condition Assessment Summary Sheet
7/22/11 Lyndale Garden Redevelopment TIF AnalysisSUMMARY SPREADSHEETTIF Map No.PID #Owner/BusinessProperty AddressImproved or VacantSurvey Method UsedSite Area(S.F.)Coverage Area of Improvements(S.F.)Coverage Percent of ImprovementsCoverageQuantity(S.F.)No. of BuildingsBuildingReplacementCost15% of Replacement CostBuilding Code DeficienciesNo. of Buildings Exceeding 15% CriteriaNo. of buildings determined substandard1 28-028-24-11-0002Roy E. Peterson6330 Lyndale Avenue SouthImproved Interior/Exterior 17,70816,89295.4% 17,708 1$889,000 $133,350 $316,700112 28-028-24-11-0080Rancho Richfield LLC6400 Lyndale Avenue SouthImproved Interior/Exterior 401,494 149,93237.3% 401,494 1 $4,687,000 $703,050 $2,023,826113 27-028-24-23-0065800 Company LLC840 65th Street WestImproved Exterior 48,95530,27061.8% 48,955 1Note 1Note 1Note 1004 27-028-24-23-0064Rancho Richfield LLC6430 Lyndale Avenue SouthVacantExterior 27,96327,963100.0% 27,963 0TOTALS 496,120496,120 3 22 Note 1: This building was not inspected because it did not appear substandard from the exterior. 100.0% 66.7%M:\11Proj\110189\400 Design\406 Reports\TIF\Summary Spreadsheet\[Lyndale Garden Spreadsheet.xls]Property Info66.7%Total Coverage Percent:Percent of buildings exceeding 15 percent code deficiency threshold: Percent of buildings determined substandard: M:\11Proj\110189\400 Design\406 Reports\TIF\Summary Spreadsheet\[Lyndale Garden Spreadsheet.xls]Property Info66.7%Percent of buildings determined substandard: LHB Project No. 110189Page 1 of 1
APPENDIX B
Building Code and Condition Deficiencies Reports
LYNDALE GARDEN REDEVELOPMENT TIF DISTRICT
CODE/CONDITION DEFICIENCY REPORT
July 18, 2011
Map No. & Building Name: Map No. 1 – Multi-Tenant Office Building
Inspection Date(s) & Time(s): March 31, 2011, 1:30pm
Inspection Type: Interior/Exterior
Summary of Deficiencies: It is our professional opinion that this building is Substandard because:
- Building Code deficiencies total more than 15% of replacement cost.
- Substantial renovation is required to correct Conditions found.
Estimated Replacement Cost: $ 889,000
Estimated Cost to Correct Building Code Deficiencies: $ 316,700
Percentage of Replacement Cost: 36%
Description of Condition Deficiencies
Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if i t
contains “defects in structural elements or a combination of deficiencies in essential utilities and facilities, light
and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or
clearance.”
A. Defects in Structural Elements
1. Major visible cracking in structural walls and columns.
2. Visible cracks in concrete floor structure (visible from below).
B. Combination of Deficiencies
1. Essential Utilities and Facilities
a. Upgraded mechanical system required in basement offices.
b. Bathrooms not adequate.
c. New GFI outlets required in wet spaces.
2. Light and Ventilation
a. Basement offices require improved ventilation.
b. Basement offices require windows and/or egress windows.
c. Lighting should be improved in corridors and stairs.
3. Fire Protection/Adequate Egress
a. Stairs from basement are not code compliant.
b. One stairway has mechanical equipment intruding into walking space.
c. Doors and door hardware are not code compliant.
4. Layout and Condition of Interior Partitions/Materials
a. Mildew present in basement spaces.
b. All interior finishes (wall, ceiling, floor) require updating.
c. Visible cracking on underside of floor (basement ceiling).
5. Exterior Construction
a. Fascia, soffit and siding requires sanding and painting.
b. Concrete stoops and stairs and sidewalk requires replacement.
c. Exterior concrete walls require significant patching and waterproofing.
d. Major visible cracking on exterior walls.
e. Parking lot surface should be repaired, sloping away from building.
Overview of Condition Deficiencies
Most of the interior and exterior finishes are in need of upgrading and repair. The site and all entrances require
improvements to prevent further water damage. This building definitely requires substantial renovation to
correct the existing condition deficiencies.
Description of Code Deficiencies
This multi-tenant office building was converted from an animal kennel building and has never met ADA
requirements, or many other basic code requirements for a multi-tenant office building.
1. Tenant spaces are not accessible. Four in basement, four on upper floor.
2. Three sets of stairs do not meet current codes.
3. 66’ Dead-end corridor in basement.
4. No windows or means of egress from basement office spaces.
5. Ventilation not adequate in basement spaces.
6. Roof leaks on north wing allowing water intrusion into building.
7. Doors and hardware are not ADA compliant.
8. Water is penetrating building at base at rear perimeter.
9. Four bathrooms are not accessible or code compliant.
M:\11Proj\110189\400 Design\406 Reports\TIF\Building Reports\Office Building.doc
LYNDALE GARDEN REDEVELOPMENT TIF DISTRICT
CODE/CONDITION DEFICIENCY REPORT
July 18, 2011
Map No. & Building Name: Map No. 2 – Lyndale Garden Center and Hardware Store
Inspection Date(s) & Time(s): March 31, 2011, 3:00pm
Inspection Type: Interior/Exterior
Summary of Deficiencies: It is our professional opinion that this building is Substandard because:
- Building Code deficiencies total more than 15% of replacement cost.
- Substantial renovation is required to correct Conditions found.
Estimated Replacement Cost: $ 4,687,000
Estimated Cost to Correct Building Code Deficiencies: $ 2,023,826
Percentage of Replacement Cost: 43%
Description of Condition Deficiencies
Minnesota Statutes, Section 469.174, Subdivision 10, states that a building is Structurally Substandard if it
contains “defects in structural elements or a combination of deficiencies in essential utilities and facilities, light
and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or
clearance.”
A. Defects in Structural Elements
1. Exterior Walls and Roof are damaged.
B. Combination of Deficiencies
1. Essential Utilities and Facilities
a. New plumbing fixtures and domestic water distribution required.
b. New electrical system required.
c. New GFI outlets required in wet spaces.
2. Light and Ventilation
a. Several windows and storefront glass are broken.
b. New ventilation/furnace system required.
3. Fire Protection/Adequate Egress
a. Debris in building would make egress difficult.
b. Doors are non-functional.
4. Layout and Condition of Interior Partitions/Materials
a. Remove all interior surface materials in order to eliminate mold and mildew.
b. Replace all interior surfaces.
c. Graffiti painted throughout building.
5. Exterior Construction
a. Exterior wood siding severely damaged, needs replacement.
b. Replace storefront system and all windows.
c. Concrete block walls retaining moisture, require tuck pointing.
d. Site requires general cleanup to prevent damage to Richfield Lake.
e. Damage at rear loading dock, overhead door and man door.
f. Retaining walls near loading dock are damaged and should be replaced.
g. Exterior building signage is damaged and should be replaced.
h. Building is not accessible from parking lots.
Overview of Condition Deficiencies
This building has been closed for a long period of time and has been vandalized to the point where it is not safe
for occupancy. Almost every system in this building will require complete replacement, making it easy to
determine that substantial renovation would be required to correct the condition deficiencies.
Description of Code Deficiencies
1. The roof is allowing water intrusion and should be repaired with proper slope.
2. The domestic water system has been damaged due to freezing temperatures in the building.
3. New plumbing fixtures and domestic water distribution required.
4. Replace existing furnace and ventilation distribution system.
5. Mold development has made the building unsafe for occupancy.
6. Remove all interior surfaces in the building to eliminate the mold and mildew.
7. All glass storefronts, windows and doors require replacement to prevent water intrusion and rodents.
8. Electrical distribution system is non-functional and does not meet current code.
9. Building is not accessible from parking.
10. Building lighting is non-functional.
11. Sprinkler system is non-functional.
M:\11Proj\110189\400 Design\406 Reports\TIF\Building Reports\Lyndale Garden Center.doc
APPENDIX C
Building Replacement Cost Reports
Code Deficiency Cost Reports
Photographs
Stories Count (L.F.):
Building Type:
Square Foot Cost Estimate Report
Location:
Stories Height
Data Release:
Basement Included:
Year 2011 Quarter 2
MINNEAPOLIS, MN
4,000.00Floor Area (S.F.):
LaborType
1.00
12.00
Open Shop
Office 1 Story with Tiltup Concrete Panel / Steel Roof Deck
Untitled
Yes
Cost Per Square Foot $222.25
Total Building Cost $889,000
Estimate Name:
Costs are derived from a building model with basic components. Scope
differences and market conditions can cause costs to vary significantly.
Cost
Cost Per
SF
% of
Total
A Substructure $142,00035.5018.4%
A1010 Standard Foundations $28,0007.00
Strip footing, concrete, reinforced, load 11.1 KLF, soil bearing capacity 6 KSF, 12" deep x 24" wide
Spread footings, 3000 PSI concrete, load 100K, soil bearing capacity 6 KSF, 4' - 6" square x 15" deep
A1030 Slab on Grade $21,5005.38
Slab on grade, 4" thick, non industrial, reinforced
A2010 Basement Excavation $14,5003.62
Excavate and fill, 10,000 SF, 8' deep, sand, gravel, or common earth, on site storage
A2020 Basement Walls $78,00019.50
Foundation wall, CIP, 12' wall height, pumped, .444 CY/LF, 21.59 PLF, 12" thick
B Shell $260,50065.1233.7%
B1010 Floor Construction $90,00022.50
Cast-in-place concrete column, 12" square, tied, 200K load, 12' story height, 142 lbs/LF, 4000PSI
Flat slab, concrete, with drop panels, 6" slab/2.5" panel, 12" column, 15'x15' bay, 75 PSF superimposed load, 153 PSF total load
B1020 Roof Construction $37,5009.38
Floor, steel joists, beams, 1.5" 22 ga metal deck, on columns, 25'x30' bay, 25" deep, 40 PSF superimposed load, 60 PSF total load
Floor, steel joists, beams, 1.5" 22 ga metal deck, on columns, 25'x30' bay, 25" deep, 40 PSF superimposed load, 60 PSF total load, add for column
B2010 Exterior Walls $53,50013.38
Tilt-up concrete panels, vertical rib and light sandblast, 6" thick, 3000 PSI
B2020 Exterior Windows $24,5006.12
Windows, aluminum, awning, insulated glass, 4'-5" x 5'-3"
B2030 Exterior Doors $12,0003.00
Door, aluminum & glass, with transom, narrow stile, double door, hardware, 6'-0" x 10'-0" opening
Door, aluminum & glass, with transom, bronze finish, hardware, 3'-0" x 10'-0" opening
Door, steel 18 gauge, hollow metal, 1 door with frame, no label, 3'-0" x 7'-0" opening
B3010 Roof Coverings $41,50010.38
Roofing, single ply membrane, EPDM, 45 mils, loosely laid, stone ballast
Insulation, rigid, roof deck, extruded polystyrene, 25 PSI compressive strength, 3" thick, R15
1
Cost
Cost Per
SF
% of
Total
Roof edges, aluminum, duranodic, .050" thick, 6" face
Flashing, aluminum, no backing sides, .019"
Gravel stop, aluminum, extruded, 8", duranodic, .050" thick
B3020 Roof Openings $1,5000.38
Roof hatch, with curb, 1" fiberglass insulation, 2'-6" x 4'-6", aluminum curb and cover, 150lbs
C Interiors $113,50028.3814.7%
C1010 Partitions $23,0005.75
Metal partition, 5/8" water resistant gypsum board face, no base layer, 3-5/8" @ 24" OC framing ,same opposite face, no insulation
1/2" fire ratedgypsum board, taped & finished, painted on metal furring
C1020 Interior Doors $21,5005.38
Door, single leaf, kd steel frame, hollow metal, commercial quality, flush, 3'-0" x 7'-0" x 1-3/8"
C1030 Fittings $2,0000.50
Toilet partitions, cubicles, ceiling hung, plastic laminate
C3010 Wall Finishes $6,0001.50
Painting, interior on plaster and drywall, walls & ceilings, roller work, primer & 2 coats
Vinyl wall covering, fabric back, medium weight
C3020 Floor Finishes $32,5008.12
Carpet, tufted, nylon, roll goods, 12' wide, 36 oz
Carpet, padding, add to above, minimum
Vinyl, composition tile, maximum
Tile, ceramic natural clay
C3030 Ceiling Finishes $28,5007.12
Acoustic ceilings, 3/4"mineral fiber, 12" x 12" tile, concealed 2" bar & channel grid, suspended support
D Services $257,00064.2533.3%
D2010 Plumbing Fixtures $24,0006.00
Water closet, vitreous china, bowl only with flush valve, wall hung
Urinal, vitreous china, wall hung
Lavatory w/trim, vanity top, PE on CI, 20" x 18"
Service sink w/trim, PE on CI,wall hung w/rim guard, 24" x 20"
Water cooler, electric, floor mounted, dual height, 14.3 GPH
D2020 Domestic Water Distribution $7,5001.88
Gas fired water heater, commercial, 100< F rise, 75.5 MBH input, 63 GPH
Gas fired water heater, commercial, 100< F rise, 100 MBH input, 91 GPH
D3050 Terminal & Package Units $82,50020.62
Rooftop, multizone, air conditioner, offices, 10,000 SF, 31.66 ton
D4010 Sprinklers $13,5003.38
Wet pipe sprinkler systems, steel, light hazard, 1 floor, 10,000 SF
D4020 Standpipes $5,0001.25
Wet standpipe risers, class III, steel, black, sch 40, 4" diam pipe, 1 floor
D5010 Electrical Service/Distribution $43,00010.75
Service installation, includes breakers, metering, 20' conduit & wire, 3 phase, 4 wire, 120/208 V, 400 A
Feeder installation 600 V, including RGS conduit and XHHW wire, 400 A
Switchgear installation, incl switchboard, panels & circuit breaker, 600 A
D5020 Lighting and Branch Wiring $52,00013.00
Receptacles incl plate, box, conduit, wire, 16.5 per 1000 SF, 2.0 W per SF, with transformer
Miscellaneous power, 1.2 watts
Central air conditioning power, 4 watts
Motor installation, three phase, 460 V, 15 HP motor size
Fluorescent fixtures recess mounted in ceiling, 1.6 watt per SF, 40 FC, 10 fixtures @32watt per 1000 SF
D5030 Communications and Security $28,5007.12
2
Cost
Cost Per
SF
% of
Total
Telephone wiring for offices & laboratories, 8 jacks/MSF
Communication and alarm systems, fire detection, addressable, 25 detectors, includes outlets, boxes, conduit and wire
Fire alarm command center, addressable without voice, excl. wire & conduit
Internet wiring, 8 data/voice outlets per 1000 S.F.
D5090 Other Electrical Systems $1,0000.25
Generator sets, w/battery, charger, muffler and transfer switch, gas/gasoline operated, 3 phase, 4 wire, 277/480 V, 7.5 kW
E Equipment & Furnishings $00.000.0%
E1090 Other Equipment $00.00
F Special Construction $00.000.0%
G Building Sitework $00.000.0%
Sub Total
Contractor's Overhead & Profit
Architectural Fees
User Fees
Total Building Cost
$773,000100%
15.0%$116,000
0.0%$0
0.0%$0
$889,000
$193.25
$29.00
$0.00
$0.00
$222.25
3
Lyndale Garden Redevelopment TIF District
Cost Worksheet
Multi-Tenant Office Building
Item Description Cost Unit Quantity Total
Replace Roof Membrane Removal of existing membrane 2.00$ SF 4,000 8,000$
Insulation and new membrane 8.00$ SF 4,000 32,000$
Elevator required for basement tenants Demolition 7,000.00$ Ea 1 7,000$
Elevator Installation 35,000.00$ Ea 1 35,000$
Accessible Entrances at upper offices Demolition 1,500.00$ Ea 4 6,000$
New Ramps 7,500.00$ Ea 4 30,000$
New Doors and hardware Demolition 100.00$ Ea 12 1,200$
New Door and Hardware 1,500.00$ Ea 12 18,000$
Reconstruct Basement Stairs Demolition 5,000.00$ Ea 4 20,000$
New Construction 20,000.00$ Ea 4 80,000$
Reconstruct Bathrooms for ADA Demolition 3,000.00$ Ea 4 12,000$
New Construction 7,000.00$ Ea 4 28,000$
Install Egress Windows in Basement Demolition 500.00$ Ea 4 2,000$
Installation of Egress Windows 2,500.00$ Ea 4 10,000$
Remove Dead end Corridor in basement Demolition 500.00$ Ea 1 500$
New Construction 5,000.00$ Ea 1 5,000$
Improve ventilation in office spaces Demolition 250.00$ Ea 8 2,000$
New Construction 2,500.00$ Ea 8 20,000$
Total Costs 316,700$
Stories Count (L.F.):
Building Type:
Square Foot Cost Estimate Report
Location:
Stories Height
Data Release:
Basement Included:
Year 2011 Quarter 2
MINNEAPOLIS, MN
48,968.00Floor Area (S.F.):
LaborType
1.00
15.00
Open Shop
Store, Department, 1 Story with Face Brick with Concrete Block Back-up / Steel Frame
Untitled
No
Cost Per Square Foot $95.72
Total Building Cost $4,687,000
Estimate Name:
Costs are derived from a building model with basic components. Scope
differences and market conditions can cause costs to vary significantly.
Cost
Cost Per
SF
% of
Total
A Substructure $409,5008.3610.1%
A1010 Standard Foundations $58,0001.18
Strip footing, concrete, reinforced, load 5.1 KLF, soil bearing capacity 3 KSF, 12" deep x 24" wide
spread footings, 3000 PSI concrete, load 75K, soil bearing capacity 3 KSF, 5' - 6" square x 13" deep
A1030 Slab on Grade $264,5005.40
Slab on grade, 4" thick, non industrial, reinforced
A2010 Basement Excavation $14,5000.30
Excavate and fill, 100,000 SF, 4' deep, sand, gravel, or common earth, on site storage
A2020 Basement Walls $72,5001.48
Foundation wall, CIP, 4' wall height, direct chute, .148 CY/LF, 7.2 PLF, 12" thick
B Shell $1,330,50027.1732.7%
B1010 Floor Construction $22,0000.45
Fireproofing, gypsum board, fire rated, 1 layer, 1/2" thick, 14" steel column, 2 hour rating, 18 PLF
B1020 Roof Construction $481,0009.82
Floor, steel joists, beams, 1.5" 22 ga metal deck, on columns, 30'x30' bay, 28" deep, 40 PSF superimposed load, 62 PSF total load
Floor, steel joists, beams, 1.5" 22 ga metal deck, on columns, 30'x30' bay, 28" deep, 40 PSF superimposed load, 62 PSF total load, add for column
B2010 Exterior Walls $427,0008.72
Brick wall, composite double wythe, standard face/CMU back-up, 8" thick, perlite core fill
B2020 Exterior Windows $93,0001.90
Aluminum flush tube frame, for 1/4"glass, 1-3/4" x 4-1/2", 5'x6' opening, 1 intermediate horizontal
Glazing panel, plate glass, 3/8" thick, tinted
B2030 Exterior Doors $20,5000.42
Doors, stainless steel & glass, balanced, standard, premium, 3'-0" x 7'-0" opening
Door, steel 18 gauge, hollow metal, 1 door with frame, no label, 3'-0" x 7'-0" opening
B3010 Roof Coverings $280,5005.73
Roofing, asphalt flood coat, gravel, base sheet, 3 plies 15# asphalt felt, mopped
Insulation, rigid, roof deck, composite with 2" EPS, 1" perlite
Roof edges, aluminum, duranodic, .050" thick, 6" face
1
Cost
Cost Per
SF
% of
Total
Gravel stop, aluminum, extruded, 4", mill finish, .050" thick
B3020 Roof Openings $6,5000.13
Roof hatch, with curb, 1" fiberglass insulation, 2'-6" x 3'-0", galvanized steel, 165 lbs
Smoke hatch, unlabeled, galvanized, 2'-6" x 3', not incl hand winch operator
C Interiors $1,092,00022.3026.8%
C1010 Partitions $108,0002.21
Metal partition, 5/8"fire rated gypsum board face, 1/4" sound deadening gypsum board, 2-1/2" @ 24", same opposite face, no insulation
1/2" fire ratedgypsum board, taped & finished, painted on metal furring
C1020 Interior Doors $87,0001.78
Door, single leaf, kd steel frame, hollow metal, commercial quality, flush, 3'-0" x 7'-0" x 1-3/8"
C3010 Wall Finishes $14,0000.29
Painting, interior on plaster and drywall, walls & ceilings, roller work, primer & 2 coats
C3020 Floor Finishes $670,50013.69
Carpet tile, nylon, fusion bonded, 18" x 18" or 24" x 24", 35 oz
Tile, ceramic natural clay, marble, synthetic 12" x 12" x 5/8"
C3030 Ceiling Finishes $212,5004.34
Acoustic ceilings, 5/8" plastic coated mineral fiber, 12" x 12" tile, 25 ga channel grid, adhesive back support
D Services $1,243,50025.3930.5%
D2010 Plumbing Fixtures $74,0001.51
Water closet, vitreous china, bowl only with flush valve, wall hung
Urinal, vitreous china, wall hung
Lavatory w/trim, vanity top, PE on CI, 20" x 18"
Service sink w/trim, PE on CI,wall hung w/rim guard, 24" x 20"
Water cooler, electric, wall hung, dual height, 14.3 GPH
D2020 Domestic Water Distribution $17,0000.35
Gas fired water heater, commercial, 100< F rise, 500 MBH input, 480 GPH
D2040 Rain Water Drainage $35,5000.72
Roof drain, CI, soil,single hub, 6" diam, 10' high
Roof drain, CI, soil,single hub, 6" diam, for each additional foot add
D3050 Terminal & Package Units $375,0007.66
Rooftop, single zone, air conditioner, department stores, 10,000 SF, 29.17 ton
D4010 Sprinklers $142,5002.91
Wet pipe sprinkler systems, steel, light hazard, 1 floor, 50,000 SF
D4020 Standpipes $11,5000.23
Wet standpipe risers, class III, steel, black, sch 40, 6" diam pipe, 1 floor
Wet standpipe risers, class III, steel, black, sch 40, 6" diam pipe, additional floors
D5010 Electrical Service/Distribution $105,0002.14
Service installation, includes breakers, metering, 20' conduit & wire, 3 phase, 4 wire, 120/208 V, 1200 A
Feeder installation 600 V, including RGS conduit and XHHW wire, 1200 A
Switchgear installation, incl switchboard, panels & circuit breaker, 1200 A
D5020 Lighting and Branch Wiring $420,5008.59
Receptacles incl plate, box, conduit, wire, 2.5 per 1000 SF, .3 W per SF, with transformer
Miscellaneous power, to .5 watts
Central air conditioning power, 3 watts
Fluorescent fixtures recess mounted in ceiling, 1.6 watt per SF, 40 FC, 10 fixtures @32watt per 1000 SF
D5030 Communications and Security $60,5001.24
Communication and alarm systems, fire detection, addressable, 100 detectors, includes outlets, boxes, conduit and wire
Fire alarm command center, addressable with voice, excl. wire & conduit
Internet wiring, 2 data/voice outlets per 1000 S.F.
D5090 Other Electrical Systems $2,0000.04
2
Cost
Cost Per
SF
% of
Total
Generator sets, w/battery, charger, muffler and transfer switch, gas/gasoline operated, 3 phase, 4 wire, 277/480 V, 7.5 kW
E Equipment & Furnishings $00.000.0%
E1090 Other Equipment $00.00
F Special Construction $00.000.0%
G Building Sitework $00.000.0%
Sub Total
Contractor's Overhead & Profit
Architectural Fees
User Fees
Total Building Cost
$4,075,500100%
15.0%$611,500
0.0%$0
0.0%$0
$4,687,000
$83.23
$12.49
$0.00
$0.00
$95.72
3
Lyndale Garden Redevelopment TIF District
Cost Worksheet
Lyndale Garden Center and Hardware Store
Item Description Cost Unit Quantity Total
Roof and Skylight repairs Demolition 3.00$ SF 48,968 146,904$
New insulation for roof slope 2.00$ SF 48,968 97,936$
Membrane Adhered w/ Flashings 3.75$ SF 48,968 183,630$
Replace all storefront, windows and doors Demolition 30,000.00$ Ea 1 30,000$
New Construction 140,000.00$ Ea 1 140,000$
Remove and replace elect. System Demolition 1.00$ SF 48,968 48,968$
Electrical Service/Distribution 2.00$ SF 48,968 97,936$
Domestic Water Supply and plumbing Demolition 1.00$ SF 48,968 48,968$
New Domestic Water distribution 0.50$ SF 48,968 24,484$
plumbing fixtures 74,000.00$ Ea 1 74,000$
Rain water drainage Demolition 5,000.00$ Ea 1 5,000$
New Construction 35,500.00$ Ea 1 35,500$
Mechanical System code compliance Demolition 15,000.00$ Ea 1 15,000$
New Construction 375,000.00$ Ea 1 375,000$
Sprinkler System and Standpipes Demolition 5,000.00$ Ea 1 5,000$
New Construction 150,000.00$ Ea 1 150,000$
Electrical Service/Distribution Demolition 5,000.00$ Ea 1 5,000$
New Construction 105,000.00$ Ea 1 105,000$
Lighting and Branch wiring Demolition 15,000.00$ Ea 1 15,000$
New Construction 420,500.00$ Ea 1 420,500$
Total Costs 2,023,826$
Appendix G
Findings Including But/For Qualifications
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (TIF
Plan) for the Lyndale Gardens Tax Increment Financing District (District) as required pursuant to M.S.,
Section 469.175, Subd. 3 are as follows:
1. Finding that the District is a redevelopment district as defined in M.S., Section 469.174, Subd.
10(a)(1).
The District consists of 4 parcels and it is proposed that these parcels be redeveloped for housing
and commercial purposes. All parcels within the District are occupied by buildings, streets,
utilities, paved or gravel parking lots or other similar structures, and the occupied parcels make
up more than 70% of the area of the District. More than 50% of the buildings within the District
(2 of 3 buildings), not including outbuildings, are structurally substandard to a degree of requiring
substantial renovation or clearance. The substandard buildings are reasonably distributed
throughout the District. The Council has specifically relied on a study conducted by LHB, Inc.,
dated July 22, 2011, and entitled "Report of Inspections and Results for Determining
Qualifications of a Tax Increment Financing District as a Redevelopment District (Lyndale
Gardens TIF District, Richfield, Minnesota)," which is included in the TIF Plan at Appendix F, to
make these determinations.
2. The proposed development, in the opinion of the City, would not reasonably be expected to occur
solely through private investment within the reasonably foreseeable future.
The anticipated development consists of three phases. The first phase will include the acquisition
of property and the substantial rehabilitation of the Lyndale Garden Center in order to make it
suitable for commercial use, including possible restaurant, retail, office, and community space.
The second and third phases will include construction of approximately 100 units of rental
housing, some of which will be affordable housing. The redevelopment project requires
acquisition of several parcels of property, demolition of one building, environmental remediation,
site improvements, and substantial rehabilitation of the Lyndale Garden Center building. Current
estimates of redevelopment costs are more than $30,000,000. The cost and scope of the proposed
redevelopment make it unlikely to occur solely through private investment.
The developer has submitted a pro forma to the City demonstrating that the costs of acquiring the
land for all phases of the redevelopment project, demolition costs, environmental remediation
costs, site improvements, and construction of certain public improvements are economically
infeasible without the assistance provided in the TIF Plan. The developer has certified to the City
that it would not acquire the property and construct the housing and commercial development
without the requested assistance. In order to make the redevelopment of this blighted area
feasible, and provide affordable housing to persons of moderate income within the City, TIF
assistance is required to reduce the price of redevelopment costs.
The increased market value of the site that could reasonably be expected to occur without the use
of tax increment financing would be less than the increase in market value estimated to result
from the proposed development after subtracting the present value of the projected tax
increments for the maximum duration of the District permitted by the TIF Plan.
The City believes that the comprehensive nature of the proposed commercial and housing
development, which requires significant time and expense to acquire parcels necessary for the
Appendix G-1
development and the substantial renovation of a structurally substandard building, would not
occur without the requested TIF assistance. Specifically, the proposed combination of housing
and commercial development in the District is necessary in order to make the redevelopment of
the Lyndale Garden Center economically feasible for the developer. The Lyndale Garden Center
is currently vacant and in very poor condition, has been cited for numerous code violations, and
has attracted trespassers. The property has remained vacant for many years without any
successful proposals to redevelop the site. Providing assistance to the developer for all three
phases of the proposed development will ensure that the Lyndale Garden Center is rehabilitated
and the site is incorporated into the surrounding development.
Therefore, the City reasonably determines that no other development of similar scope is
anticipated on this site without substantially similar assistance being provided for the
development. To summarize the basis for the City's findings, the City makes the following
determinations:
a. The City's estimate of the amount by which the market value of the site will increase
without the use of tax increment financing is $0 (for the reasons described above), except
some unknown amount of appreciation.
b. If the proposed development to be assisted with tax increment occurs in the District, the
total increase in market value would be approximately $21,765,885. The increase in
market value would be due primarily to substantial building rehabilitation and new
construction within the District. (See Appendix D of TIF Plan and the table below.)
c. The present value of tax increments from the District for the maximum duration of the
district permitted by the TIF Plan is estimated to be no more than $6,302,782. (See
Appendix D of TIF Plan and the table below.)
d. Even if some development other than the proposed development were to occur, the
Council finds that no alternative would occur that would produce a market value increase
greater than $15,463,103 (the amount in clause b less the amount in clause c) without tax
increment assistance.
But-For Analysis
Current Market Value 4,420,000
New Market Value - Estimate 26,185,885
Difference 21,765,885
Present Value of Tax Increment 6,302,782
Difference 15,463,103
Value Likely to Occur Without TIF is Less Than: 15,463,103
3. Finding that the TIF Plan for the District conforms to the general plan for the development or
redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the
general development plan of the City.
Appendix G-2
4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the
sound needs of the City as a whole, for the development of the Lyndale Garden Center project by
private enterprise.
The commercial and housing projects to be developed within the District and assisted with tax
increment financing from the District will result in the redevelopment of blighted and
underutilized land which currently has obsolete land use and substandard buildings, promotion of
the development of affordable housing, promotion of commercial development, and preservation
and enhancement of the tax base of the City.
Appendix G-3
Appendix H
Prior Planned Improvements
Appendix G-4
Appendix I
2017 Special Legislation
Laws of Minnesota 2017, 1st Special Session, Chapter 1, Article 6, Section 19
CITY OF RICHFIELD; LYNDALE GARDENS TIF DISTRICT; FIVE-YEAR RULE EXTENSION.
The requirements of Minnesota Statutes, section 469.1763, subdivision 3, that activities must be
undertaken within a five-year period from the date of certification of a tax increment financing district,
are considered to be met for the Lyndale Gardens Tax Increment Financing District established by the city
of Richfield and the housing and redevelopment authority in and for the city of Richfield if the activities
are undertaken within seven years from the date of certification.
EFFECTIVE DATE. This section is effective the day after the city of Richfield and its chief clerical
officer comply with Minnesota Statutes, sections 469.1782, subdivision 2, and 645.021, subdivisions 2
and 3.
Appendix G-5
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #4.
S TAFF REPORT NO. 22
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: K ate A itchison/C eleste McD ermott, Housing S pecialists
O THE R D E PA RTM E NT RE V IE W: N/A
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/14/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Continuation of a public hearing from April 15, 2019 and consider adoption of a resolution authorizing
the sale of 6310 Irving Avenue South to Twin Cities Habitat for Humanity and the approval of a
Contract for Private Development for the construction of a single family home.
E X E C UT IV E S UM M ARY:
Twin Cities Habitat for Humanity (TC HF H) is proposing to purc hase 6310 I rving Avenue South from the
Housing and Redevelopment Authority (HRA) for the development of a single family home that will be sold to
an income-qualified buyer.
The single story home will offer 1,300 square feet of finished living space and include three bedrooms, two
bathrooms and a two-car detached garage, with an estimated end value of $275,000. The full basement will
include some unfinished space to allow for future expansion, and the main level will include some accessibility
features. The proposed home has a traditional design and height that will complement the existing homes in
the area. The home will be sold through TC HFH's land trust where they will sell the structures but retain
ownership of the land and provide a 100-year ground lease.
The existing unpaved alley does not meet current city construction standards. I n order to provide the access
necessary to develop the lot, TC HF H will construct a new public alley. This alley will meet current city
standards and will also serve two adjacent homes. The City and TC HFH explored constructing a front loading
driveway as an alternative to improving the alley, but the narrow width of the lot made it challenging to design
well.
Federal Community Development Block Grant (C D B G) funds were used to purchase the property, which
requires that it be developed as housing affordable to a household with an income no greater than 80 percent
of the Twin Cities Area Median I ncome (A MI ); however, TC HFH’s policy and funding sources target
households whose income does not exceed 60 percent of the A MI .
TC HF H and the HRA will enter into a Contract for Private Development (Contract) for the sale of the property
and subsequent construction of the home. The Contract provides for sale of the property to TC HF H for one
dollar to account for the extraordinary costs to construct the alley and provide accessibility features in the
home.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Adopt a resolution authorizing the sale of 6310
Irving Avenue South to Twin Cities Habitat for Humanity, and approve a Contract for Private
Development with Twin Cities Habitat for Humanity for the construction of a single family home,
contingent upon final Housing and Redevelopment Authority's Attorney review.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
I n 2012, the HRA purchased the substandard property at 6310 I rving Avenue South using C D B G
funds.
I n 2015, the HRA approved a Contract for Private Development with the Greater Metropolitan
Housing Corporation for the construction of a new home. Due to a number of factors, the project
was never begun, and the Contract for Private Development expired. The lot has remained vacant
and undeveloped.
I n 2017, staff worked with Neighbor Works to develop a proposal for the site; however, the
significant value and affordability gap made the project infeasible.
TC HFH is proposing to construct a single-level home of 1,300 finished square feet, three
bedrooms, two bathrooms, and a two-car detached garage. The home will incorporate some
universal design features to allow for greater accessibility, such as wider doorways.
TC HFH will construct a public alley to replace the current substandard gravel alley that serves the
new home and two adjacent homes.
TC HFH has the experience, capability, and financial security to develop the property and has
previously constructed and renovated many homes in Richfield under various federal and local
programs.
The New Home Program allows homes to be sold to households earning up to 80 percent of A MI
($80,000 for a family of four).
I n the past ten years, eleven new homes were constructed under the New Home program for
affordable purchase.
Under the New Home Program, the HRA has partnered with nonprofit developers to construct over
50 affordable homes since 1981.
On May 7, 2019, a letter was sent to neighbors detailing the new home plans.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The New Home Program implements the goal of the Comprehensive Plan to ensure sufficient
diversity in the housing stock to provide for a range of household sizes, income levels and needs.
The Program carries out the policies that support this goal including:
Promote the development of a balanced housing stock that is available to a range of income
levels.
Promote the development, management and maintenance of affordable housing in the City
through assistance programs, alternative funding sources, and the creation of partnerships
whose mission is to promote low to moderate income housing.
I n April 2019, the HRA adopted the revised I nclusionary Housing Policy, which states: "W ith
regards to scattered-site single family housing development, at least 20% of the units newly
constructed or rehabilitated and converted to long-term affordability in any three-year period must
meet the proscribed affordability requirements."
Given formal approval of this project, the ratio of affordable scattered-site single family
housing development will be 43% for the 2017-2019 time period.
I n that time period, 12 market-rate new homes have been built, while 9 affordable
new construction/rehabilitated homes have been facilitated through the HRA.
The proposed housing is consistent with the Housing Vision Statement that was accepted by the
City Council and HRA in J une 2013. The Statement calls for a full range and balance of housing
types in the community that match the choices of residents at every stage of their lives.
C.C R IT IC AL T IMIN G IS S U E S:
The Contract requires closing on the property to occur by August 31, 2019, and construction to
be completed by April 30, 2020.
I f the property cannot be developed meeting the C D B G requirements, the lot must be appraised,
and the amount of the appraised value returned to Hennepin County.
D.F IN AN C IAL IMPAC T:
I n 2012, the property was purchased for $52,000 using Federal C D B G funds. An additional
$8,600 was spent on abatement and demolition costs.
C D B G guidelines require that the new home be sold to households earning less than 80 percent
of the A MI ; however, TC HF H’s policy and funding sources target households whose income does
not exceed 60 percent of the A MI .
C D B G guidelines do not require repayment of acquisition costs if the property is developed
affordably.
The property would be sold to TC HFH for one dollar. I n turn, TC HFH would use other funds to
pay the cost of improving the alley and adding accessibility features.
TC HFH will retain long-term affordability of this home by keeping it in a land trust that ensures that
future buyers will not have incomes higher than 60% A MI .
E.L E GAL C ON S ID E R AT ION:
Notice of the public hearing was published in the Sun Current on April 4, 2019.
Mailed notice was sent as a courtesy to homeowners and occupants living nearby.
The HRA Attorney prepared the Contract for Private Development.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Do not approve the resolution authorizing sale of the property to Twin Cities Habitat for Humanity.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
A representative from Twin Cities Habitat for Humanity.
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
C ontract for D evelopment C ontract/A greement
F loor plan and Rendering B ackup Material
P roposed S ite P lan B ackup Material
HRA RESOLUTION NO.
RESOLUTION AUTHORIZING SALE OF REAL PROPERTY LOCATED AT
6310 IRVING AVENUE TO TWIN CITIES HABITAT FOR HUMANITY, INC. IN
ACCORDANCE WITH A CONTRACT FOR DEVELOPMENT
WHEREAS, the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota (HRA) desires to develop certain real property pursuant to and in
furtherance of the New Home Program adopted by the HRA, said real property being
described as follows:
Address: 6310 Irving Avenue South
Legal: Lot 4, Block 6, “Ray's Lynnhurst,” Hennepin County Minnesota.
WHEREAS, the HRA is authorized to sell real property within its area of
operation after public hearing; and
WHEREAS, a developer, Twin Cities Habitat for Humanity, Inc., has been
identified as the purchaser of the described property and in accordance with a
Development Agreement; and
WHEREAS, a public hearing has been held after proper public notice.
NOW, THEREFORE, BE IT RESOLVED, by the Housing and Redevelopment
Authority in and for the City of Richfield:
1. A public hearing has been held 6310 Irving Avenue is authorized to be sold for
$1 to the Twin Cities Habitat for Humanity, Inc. in accordance with a
Development Agreement with the HRA.
2. The Chairperson and Executive Director are authorized to execute a Contract for
Private Development and other agreements as required to effectuate the sale to
Twin Cities Habitat for Humanity, Inc.
Adopted by the Housing and Redevelopment Authority in and for the City of
Richfield, Minnesota this 20th day of May, 2019.
_____________________________
Mary B. Supple, Chair
_______________________________
Erin Vrieze Daniels, Secretary
CONTRACT FOR DEVELOPMENT
Between
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
and
TWIN CITIES HABITAT FOR HUMANITY
at
6310 IRVING AVENUE SOUTH, RICHFIELD MN 55423
This Instrument Drafted by:
The Housing and Redevelopment Authority
in and for the City of Richfield
6700 Portland Avenue South
Richfield, Minnesota 55423
Telephone: (612) 861-9760
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CONTRACT FOR DEVELOPMENT
THIS CONTRACT FOR DEVELOPMENT (the “Agreement”) is made and entered into
as of this 20th of May, 2019, by and between the Housing and Redevelopment Authority in and for
the City of Richfield, a body corporate and politic under the laws of the State of Minnesota, having
its principal office at 6700 Portland Avenue, Richfield, Minnesota (the “HRA”), and Twin Cities
Habitat For Humanity, Inc. (the “Developer” ), a non-profit corporation under the laws of
Minnesota, having its principal office at 1954 University Ave W, St Paul, MN 55104 (Developer).
WITNESSETH:
WHEREAS, the HRA has purchased the property at 6310 Irving Ave South, Richfield,
legally described as Lot 4, Block 6, “Ray's Lynnhurst,” Hennepin County (the “Property”), for the
purpose of providing affordable housing in the City; and
WHEREAS, the City of Richfield (the “City”) and the HRA have previously created and
established a New Home Program, pursuant to the authority granted in Minnesota Statutes, Sections
469.001 through 469.047; and
WHEREAS, the Developer has proposed the Improvements, as hereinafter defined, for the
Property which the HRA has determined will promote and carry out the objectives for which the
Property was purchased; will assist in carrying out the objectives of the New Home Program; and
will be in the vital best interests of the City, and the health, safety and welfare of its residents and in
accord with the public purposes and provisions of the applicable state and local laws and
requirements.
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
HRA and the Developer, each party does hereby represent, covenant and agree with the other as
follows:
ARTICLE I.
DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION
Section 1.1. Definitions. In this Agreement, the following terms have the meaning given
below unless the context clearly requires otherwise:
(a) Accessibility Design Requirements. The accessibility design requirements for the
Improvements set forth in Exhibit D.
(b) City. The City of Richfield, Minnesota.
(c) Construction Plans. Collectively, the plans, drawings and related documents
related to the Improvements, which are listed on Exhibit A.
(d) Developer. Twin Cities Habitat For Humanity (TCHFH).
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(e) Development. The Property and the Improvements to be constructed thereon
according to the Construction Plans approved by the HRA.
(f) Event of Default. Event of Default has the meaning given such term in Section 8.1.
(g) Holder. The term “holder” in reference to a Mortgage includes a lender, any insurer
or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or
deed of trust.
(h) Housing and Redevelopment Authorities Act (HRA Act). Minnesota Statutes,
Sections 469.001 through 469.047.
(i) HRA. The Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota.
(j) Improvements. Each and all of the structures and site improvements constructed or
renovated on the Property by the Developer, as specified in the Construction Plans approved by the
HRA.
(k) Mortgage. The term “mortgage” shall include the mortgages referenced in Article
VI of this Agreement and any deed of trust or other instrument creating an encumbrance or lien
upon the Property of any part thereof, as security for a loan.
(l) New Home Program. HRA program to encourage development of new housing
opportunities for low to moderate income buyers.
(m) Property. The real property legal described as:
Lot 4, Block 6, “Ray's Lynnhurst,” according to the plat thereof on file or of record
inthe office of the Register of Deeds in and for Hennepin County, Minnesota
having a street address of:
6310 Irving Avenue South, Richfield
(n) Qualified Buyer. A purchasing family (2 or more person household) whose income
does not exceed 80 percent of the metropolitan area median income.
(o) Unavoidable Delays. Delays which are the direct result of strikes, labor troubles,
fire or other casualty to the Improvements, natural disasters, litigation commenced by third parties
which results in delays or acts of any federal, state or local government, except those contemplated
by this Agreement, which are beyond the control of the Developer.
Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part
of this Agreement:
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A. List of Construction Plan Documents
B. Form of Quit Claim Deed
C. Form of Certificate of Completion
D. Accessibility Design Requirements
Section 1.3 Rules of Interpretation.
(a) This Agreement shall be interpreted in accordance with and governed by the laws of
the State of Minnesota.
(b) The words “herein” and “hereof” and words of similar import, without reference to
any particular section or subdivision refer to this Agreement as a whole rather than any particular
section or subdivision hereof.
(c) References herein to any particular section or subdivision hereof are to the section or
subdivision of this Agreement as originally executed.
(d) Any titles of the several parts, articles and sections of this Agreement are inserted for
convenience and reference only and shall be disregarded in construing or interpreting any of its
provisions.
ARTICLE II.
REPRESENTATIONS AND UNDERTAKINGS
Section 2.1 By the Developer. The Developer makes the following representations and
warranties as the basis for undertakings on its part herein contained:
(a) The Developer has the legal authority and power to enter into this Agreement, and
has duly authorized the execution, delivery and performance of this Agreement; and the
individual(s) who execute this Agreement on behalf of the Developer have the power and authority
to bind the Developer;
(b) The Developer has the necessary equity capital or will obtain commitments for
financing necessary for construction of the Improvements;
(c) The Developer will construct the Improvements in accordance with the terms of this
Agreement, the Construction Plans, and all local, state and federal laws and regulations;
(d) The Developer will obtain, in a timely manner, all required permits, licenses and
approvals, and will meet, in a timely manner, the requirements of all local, state and federal laws
and regulations which must be obtained or met before the Improvements may be constructed; and
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(e) The plans for the Improvements have been prepared by a qualified draftsperson or
architect.
Section 2.2 By the HRA. The HRA makes the following representations as the basis for
the undertaking on its part herein contained:
(a) The HRA is authorized by law to enter into this Agreement, to carry out its
obligations hereunder, and the individuals who execute this Agreement on behalf of the HRA have
the power and authority to bind the HRA; and
(b) The HRA will, in a timely manner, subject to all notification requirements, review
and act upon all submittals and applications of the Developer and will cooperate with the efforts of
Developer to secure the granting of any permit, license, or other approval required to allow the
construction of the Improvements; provided, however, that nothing contained in this subparagraph
2.2(b) shall be construed to limit in any way the reasonable and legitimate exercise of the HRA’s
discretion considering any submittal or application.
ARTICLE III.
ACQUISITION OF PROPERTY; CONVEYANCE TO DEVELOPER
Section 3.1 Sale of Property to Developer. The HRA is the fee owner of the Property.
The HRA agrees to sell the Property to the Developer and the Developer agrees to purchase the
Property from the HRA in an “as is” condition. The HRA agrees to convey the Property to the
Developer by Quit Claim Deed in the general form of Exhibit B. The purchase price for the Property
will be $1.00. In exchange for the reduced purchase price for the Property, the Developer agrees to
(i) sell the Property to a Qualified Buyer as more fully described in Section 3.12; (ii) ensure that the
Accessibility Design Requirements set forth in Exhibit D are incorporated into the Improvements;
and (iii) construct the public alley described more fully in Section 3.13.
Section 3.2 Title and Examination. As soon as reasonably possible after execution of this
Agreement by both parties,
(a) HRA shall surrender any abstract of title and a copy of any owner’s title insurance
policy for the property, if in HRA’s possession or control, to Developer or to Developer’s
designated title service provider; and
(b) Developer shall obtain the title evidence determined necessary or desirable by
Developer or Developer’s lender, including but not limited to title searches, title examinations,
abstracting, a title insurance commitment or an attorney’s title opinion, at Developer’s selection and
cost, and provide a copy to the HRA.
The Developer shall have 20 days from the date it receives such title evidence to raise any
objections to title it may have. Objections not made within such time will be deemed waived. The
HRA shall have 90 days from the date of such objection to affect a cure; provided, however, that the
HRA shall have no obligation to cure any objections, and may inform Buyer of such. The Buyer
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may then elect to close notwithstanding the uncured objections or declare this Agreement null and
void, and the parties will thereby be released from any further obligation hereunder.
Section 3.3 Well Disclosure. Seller does not know of any wells on the property.
Section 3.4 Closing. Closing on the Property will take place on or before August 31, 2019,
or such other date as may be agreed to by the parties in writing. At closing, the Developer will
provide the HRA with the purchase price of the property. If closing has not occurred by August 31,
2019, either party may terminate this Agreement.
Section 3.5. Closing Costs. The Developer will pay: (a) the closing fees charge d by its title
insurance company or other closing agent, if any, utilized to close the transaction for
Developer; and (b) the recording fees for the Contract for Private Development and the deed
transferring title to the Developer. The HRA will pay all other fees normally paid by sellers, including:
any transfer taxes, and any fees and charges related to the filing of any instrument required to make
title marketable. Each party shall pay its own attorney fees.
Section 3.6. Sewer and Water. HRA warrants that city water is available at the lot line
and city sewer is available at the curb.
Section 3.7. ISTS Disclosure. HRA is not aware of any individual sewage treatment
system on the property. Developer is responsible for all costs of removing any individual sewage
treatment system that may be discovered on the Property.
Section 3.8. Taxes and Special Assessment. Real estate taxes and installments of special
assessments will be prorated between the HRA and Developer as of the date of closing.
Section 3.9 Soil Conditions and Hazardous Wastes. The Developer acknowledges that
the HRA makes no representations or warranties as to the conditions of the soils on the Property, its
fitness for construction of the Improvements or any other purpose for which the Developer may
make use of the Property, or regarding the presence of hazardous wastes, pollution or contamination
on the Property. The HRA will allow reasonable access to the Property for the Developer to
conduct such tests regarding soil conditions and hazardous wastes as the Developer may desire.
Permission to enter the Property to conduct such tests must be given in writing under the terms and
conditions established by the HRA.
Section 3.10 Survey. The HRA will allow reasonable access to the Property for the
Developer to conduct a survey. Permission to enter the Property to conduct such tests must be given
in writing under the terms and conditions established by the HRA.
Section 3.11 Trees. All healthy trees will be saved and protected by the Developer during
construction, to the extent possible, except those that specifically interfere with the construction of
the Improvements. Trees requested to be removed must be identified by type on the site plan
provided by the Developer.
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Section 3.12 Sale to Qualified Buyer; Covenant on Use. The Developer agrees to convey
the Property and Improvements to a Qualified Buyer within 180 days of issuance of a Certificate of
Occupancy or after that time as agreed upon by the parties. Prior to agreeing to sell the Property and
Improvements to a prospective buyer, the Developer shall provide the HRA with sufficient evidence
that the potential buyer is a Qualified Buyer. In addition, the Developer must obtain the HRA’s
prior approval of the terms and conditions of the purchase agreement with the Qualified Buyer, and
the agreement terms and conditions must be consistent with this Agreement. This Agreement
constitutes a covenant on the part of the Developer, its successors and assigns, to develop the
Property and Improvements for owner-occupied, single-family residential purposes as permitted by
the City.
Section 3.13 Construction of Public Alley. The developer agrees to construct a public
alley behind the Improvements and on the Property that meets the construction standards set by the
City.
ARTICLE IV.
CONSTRUCTION OF IMPROVEMENTS
Section 4.1. Construction of Improvements. The Developer shall construct the
Improvements on the Property at the Developer’s cost in accordance with the Construction Plans,
and shall maintain, preserve and keep the Improvements in good repair and condition until sale of
the Property to a Qualified Buyer.
Section 4.2. Building Plans. The Developer agrees that the City of Richfield building
official may withhold issuance of a building permit for the Improvements unless the Construction
Plans are in conformity with this Agreement, and all local, state and federal regulations. The HRA
shall, within 25 days of receipt of Construction Plans submitted in application for a building permit,
review such Construction Plans to determine whether the foregoing requirements have been met. If
the HRA determines such Construction Plans to be deficient, it shall notify the Developer in writing
stating the deficiencies and the steps necessary for correction. Issuance of the building permit by the
City with the approval of the HRA shall be a conclusive determination that the Construction Plans
have been approved and shall satisfy the provisions of this Section 4.2.
Section 4.3 Schedule of Construction. Subject to Unavoidable Delays, construction of the
Improvements shall be completed prior to April 30, 2020. All construction shall be in conformity
with the approved Construction Plans. Periodically during construction the Developer shall make
reports in such detail as may reasonably be requested by the HRA concerning the actual progress of
construction. If at any time prior to completion of construction the HRA has cause to believe that
the Developer will be unable to complete construction of the Improvements in the time permitted by
this Section 4.3, it may notify the Developer and demand assurances from the Developer regarding
the Developer’s construction schedule. If such assurances are not forthcoming or are deemed by the
HRA at its sole discretion to be inadequate, the HRA may declare an Event of Default and may avail
itself of any of the remedies specified in Section 8.2 of this Agreement.
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Section 4.4 Certificate of Completion. After notification by the Developer of completion
of construction of the Improvements, the HRA shall inspect the construction to determine whether
the Improvements have been completed in accordance with the Construction Plans and the terms of
this Agreement, including the date of the completion thereof. In the event that the HRA is satisfied
with the construction, the HRA shall furnish the Developer with a Certificate of Completion in the
form attached hereto as Exhibit C. Such certification by the HRA shall be a conclusive
determination of satisfaction and termination of the agreements and covenants in this Agreement
with respect to the obligation of the Developer to construct the Improvements.
The certification provided for in this Section 4.4 shall be in recordable form. If the HRA
shall refuse or fail to provide certification in accordance with the provisions of this Section 4.4, the
HRA shall within 15 days of such notification provide the Developer with a written statement,
indicating in adequate detail in what respects the Developer has failed to complete the
Improvements in accordance with the provisions of this Agreement necessary, in the opinion of the
HRA, for the Developer to take or perform in order to obtain such certification.
Section 4.5 Failure to Construct. In the event that construction of the Improvements is not
completed as provided in Section 4.3 of this Agreement, an Event of Default shall be deemed to
have occurred and the HRA may proceed with its remedies under Section 8.2.
ARTICLE V.
INSURANCE
Section 5.1 Insurance. The Developer will provide and maintain or cause to be provided
and maintained at all times during the process of constructing the Improvements and, from time to
time at the request of the HRA, furnish the HRA with proof of payment of premiums on:
(a) Builder’s risk insurance, written on the so-called “Builder’s Risk -- Completed Value
Basis,” in an amount equal to 100% of the insurable value of the Improvements at the date of
completion, and with coverage available in non-reporting form on the so-called “all risk” form of
policy;
(b) Comprehensive general liability insurance (including operations, contingent liability,
operations of subcontractors, completed operations and contractual liability insurance) together with
an Owner’s Contractor’s Policy with limits against bodily injury and property damage of not less
than $1,000,000 for each occurrence (to accomplish the above-required limits, an umbrella excess
liability policy may be used); and
(c) Workers’ compensation insurance, with statutory coverage.
The policies of insurance required pursuant to clauses (a) and (b) above shall be in form and
content satisfactory to the HRA and shall be placed with financially sound and reputable insurers
licensed to transact business in Minnesota. The policy of insurance delivered pursuant to clause (a)
above shall contain an agreement of the insurer to give not less than thirty (30) days advance notice
to the HRA in the event of cancellation of such policy or change affecting the coverage thereunder.
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ARTICLE VI.
FINANCING
Section 6.1 Financing. Within 20 days of the date of execution of this Agreement, the
Developer shall submit to the HRA evidence of financing for the Improvements in compliance with
the provisions of Section 2.1(b) of this Agreement. If the HRA finds that the financing is adequate
in amount to provide for the construction of the Improvements, the HRA shall notify the Developer
of its approval.
If the HRA rejects the evidence of financing as inadequate, the Developer shall have 30 days
or such additional period of time as the Developer may reasonably require from the date of such
notification to submit evidence of financing satisfactory to the HRA. If the Developer fails to
submit such evidence or fails to use due diligence in pursuing financing, the HRA may terminate
this Agreement and both parties shall be released from any further obligation or liability hereunder,
except for the HRA’s remedies pursuant to Section 4.5 of this Agreement. Closing shall not take
place until the Developer has provided the HRA with acceptable evidence of financing for
construction of the Improvements.
Section 6.2 Limitation Upon Encumbrance of Property. Prior to the issuance of the
Certificate of Completion, neither the Developer nor any successor in interest to the Property or any
part thereof shall engage in any financing or any other transaction creating any Mortgage or other
encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer
any encumbrance of lien to be made on or attached to the Property other than the liens or
encumbrances attached for the purposes of obtaining funds to the extent necessary for making the
Improvements without the prior written approval of the HRA. The HRA shall not approve any
Mortgage which does not contain terms which conform to the terms of this Article VI and Section
8.2 of this Agreement.
Section 6.3 Subordination. In order to facilitate obtaining financing for the construction of
the Improvements by the Developer, the HRA may, in its sole and exclusive discretion, agree to
modify this Agreement in the manner and to the extent it deems reasonable, upon request by the
financial institution and the Developer.
ARTICLE VII.
PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Section 7.1 Representation as to Redevelopment. The Developer represents and agrees
that its undertakings pursuant to the Agreement, are for the purpose of development of the Property
and not for speculation in land holding. The Developer further recognizes that, in view of the
importance of the Development to the general welfare of Richfield and the substantial financing and
other public aids that have been made available by the HRA for the purpose of making the
Development possible, the qualification and identity of the Developer are of particular concern to
the HRA. The Developer further recognizes that it is because of such qualifications and identity that
9
the HRA is entering into this Agreement, and, in so doing, is further willing to rely on the
representations and undertakings of the Developer for the faithful performance of all undertakings
and covenants agreed by the Developer to be performed.
Section 7.2 Prohibition Against Transfer of Property and Assignment of Agreement.
For the reasons set out in Section 7.1 of this Agreement, the Developer represents and agrees that
prior to the issuance of the Certificate of Completion by the HRA:
(a) Except only by way of security for, and only for the purpose of obtaining financing
necessary to enable the Developer or any successor in interest to the Property, or any part thereof, to
perform its obligations with respect to the Development under this Agreement, and any other
purpose authorized by this Agreement, the Developer, except as so authorized, has not made or
created, and that it will not make or create, or suffer to be made or created, any total or partial sale,
assignment, conveyance, or any trust in respect to this Agreement or the Property or any part thereof
or any interest therein, or any contract or agreement to do any of the same, without the prior written
approval of the HRA; and
(b) The HRA shall be entitled to require, except as otherwise provided in this
Agreement, as conditions to any such approval under this Section 7.2 that:
(i) Any proposed transferee shall have the qualifications and financial responsibility, as
determined by the HRA, necessary and adequate to fulfill the obligations undertaken in this
Agreement by the Developer or, in the event the transfer is of or relates to part of the
Property, such obligations to the extent that they relate to such part,
(ii) any proposed transferee, by instrument in writing satisfactory to the HRA and in form
recordable among the land records, shall for itself and its successor and assigns, and
specifically for the benefit of the HRA, have expressly assumed all of the obligations of the
Developer under this Agreement and agreed to be subject to such obligations, restrictions
and conditions or, in the event the transfer is of, or relates to part of the Property, such
obligations, conditions, and restrictions to the extent that they relate to such part; provided,
that the effect that any transferee of, or any other successor in interest whatsoever to, the
Property or any part thereof, shall, for whatever reason, not have assumed such obligations
or agree to do so, shall not, unless and only to the extent otherwise specifically provided in
the Agreement or agreed to in writing by the HRA, relieve or except such transferee or
successor from such obligations, conditions, or restrictions, or deprive or limit the HRA of
or with respect to any rights or remedies or controls with respect to the Property of the
construction of the Improvements; it being the intent of this Section 7.2, together with other
provisions of this Agreement, that to the fullest extent permitted by law and equity and
excepting only in the manner and to the extent specifically provided otherwise in the
Agreement no transfer of, or change with respect to, ownership in the Property or any part
thereof, or any interest therein, however consummated or occurring, whether voluntary or
involuntary, shall operate, legally or practically, to deprive or limit the HRA, or any rights or
remedies or controls provided in or resulting from this Agreement with respect to the
Property and the construction of the Improvements that the HRA would have had, had there
been no such transfer or change, and
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(iii) There shall be submitted to the HRA for review all instruments and other legal
documents involved in effecting transfers described herein, and if approved by the HRA, its
approval shall be indicated to the Developer in writing.
In the absence of specific written agreement by the HRA to the contrary, no such transfer or
approval by the HRA thereof shall be deemed to relieve the Developer from any of its obligations
with respect thereto. The sale of the Development to a Qualified Buyer shall not be deemed to be a
transfer within the meaning of this Section 7.2.
Section 7.3 Approvals. Any approval required to be given by the HRA under this Article
VII may be denied only in the event that the HRA reasonably determines that the ability of the
Developer to perform its obligations under this Agreement will be materially impaired by the action
for which approval is sought.
ARTICLE VIII.
EVENTS OF DEFAULT
Section 8.1 Events of Default Defined. The following shall be deemed Events of Default
under this Agreement and the term 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 Developer to pay when due the payments required to be paid or secured
under any provision of this Agreement;
(b) Subject to Section 9.7, failure by the Developer to complete the Improvements by April
30, 2020, absent any Unavoidable Delay;
(c) Failure by the Developer to observe and substantially perform any covenant, condition,
obligation or agreement on its part to be observed or performed hereunder, including the time for
such performance;
(d) Failure by the Developer to close with a Qualified Buyer within 180 days of completion
or after that time as agreed upon by the parties.
(e) If the Developer shall admit in writing its inability to pay its debts generally as they
become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial
part of the Property;
(f) If the Developer, on a petition in bankruptcy filed against it, be adjudicated as bankrupt,
or a court of competent jurisdiction shall enter an order or decree appointing, without the consent of
the Developer, a receiver of the Developer or of the whole or substantially all of its property, or
approve a petition filed against the Developer seeking reorganization or arrangement of the
11
Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be
vacated or set aside or stayed within 60 days from the date of entry thereof; or
(g) If the Development is in default under any Mortgage and has not entered into a work-out
agreement with the Holder of the Mortgage.
Section 8.2 Remedies on Default. Whenever any Event of Default occurs, the HRA may,
in addition to any other remedies or rights given the HRA under this Agreement, take any one or
more of the following actions following written notice by the HRA to the Developer as provided in
Section 9.4 of this Agreement:
(a) suspend its performance under this Agreement until it receives assurances from the
Developer, deemed reasonably adequate by the HRA, that the Developer will cure its default and
continue its performance under this Agreement;
(b) cancel or rescind this Agreement;
(c) withhold the Certificate of Completion; or
(d) take whatever action at law or in equity may appear necessary or desirable to the HRA to
collect any payments due under this Agreement, or to enforce performance and observance of any
obligation, agreement, or covenant of the Developer under this Agreement; provided, however, that
any exercise by the HRA of its rights or remedies hereunder shall always be subject to and limited
by, and shall not defeat, render invalid or limit in any way (a) the lien of any Mortgage authorized
by this Agreement and (b) any rights or interest provided in this Agreement for the protection of the
Holders of a Mortgage; and provided further that should any Holder succeed by foreclosure of the
Mortgage or deed in lieu thereof to the Developer’s interest in the Property, it shall, notwithstanding
the foregoing, be obligated to perform the following obligations of the Developer only to the extent
that the same have not therefore been performed by the Developer: Sections 3.3 through 3.7;
Sections 4.1 through 4.5; Sections 5.1. Said Holder, upon foreclosure or taking of a deed in lieu,
shall have no obligations pursuant to this Agreement other than as specifically set forth in the
foregoing sentence.
Section 8.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the
HRA is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to entitle the HRA or the Developer to
exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as
may be required in this Article VIII.
Section 8.4 No Additional Waiver Implied by One Waiver. In the event of the
occurrence of any Event of Default by either party, which Event of Default is thereafter waived by
12
the other party, such waiver shall be limited to the particular Event of Default so waived and shall
not be deemed to waive any other concurrent, previous or subsequent Event of Default.
ARTICLE IX.
ADDITIONAL PROVISIONS
Section 9.1 Conflict of Interests; Representatives Not Individually Liable. No HRA
officer who is authorized to take part in any manner in making this Agreement in his or her official
capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially
there from. No member, official, or employee of the HRA shall be personally liable to the
Developer, or any successor in interest, for any Event of Default by the HRA or for any amount
which may become due to the Developer or successor or on any obligations under the terms of this
Agreement.
Section 9.2 Non-Discrimination. The provisions of Minnesota Statutes Section 181.59,
which relate to civil rights and non-discrimination, and any affirmative action program of the City
shall be considered a part of this Agreement and binding on the Developer as though fully set forth
herein.
Section 9.3 Notice of Status and Conformance. At such time as all of the provisions of
this Agreement have been fully performed by the Developer, the HRA, upon not less than ten days
prior written notice by the Developer, agrees to execute, acknowledge and deliver, without charge to
the Developer or to any person designated by the Developer, a statement in writing in recordable
form certifying the extent to which this Agreement has been performed and the obligations
hereunder satisfied.
Section 9.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by either party to the
other shall be sufficiently given or delivered if it is sent by mail, postage prepared, return receipt
requested or delivered personally:
(a) As to the HRA:
Richfield HRA
Executive Director
6700 Portland Avenue South
Richfield, MN 55423
(b) As to the Developer:
Twin Cities Habitat For Humanity (TCHFH)
ATTN: Chad Dipman
1954 University Ave West
St Paul, MN 55104
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 9.4.
13
Section 9.5 Provisions Not Merged With Deed. None of the provisions of this Agreement
is intended to or shall be merged by reason of any deed transferring any interest in the Property and
any such deed shall not be deemed to affect or impair the provisions and covenants of this
Agreement.
Section 9.6. Counterparts. This Agreement may be simultaneously executed in any
number of counterparts, all of which shall constitute one and the same instrument.
Section 9.7. Extensions. Any extension to the Closing Date and/or extension of the
completion date of the Improvements set forth in Section 4.3 that exceeds 6 months from the date agreed
to in Section 3.4 and 4.3, respectively, must be approved by the HRA Board. HRA staff is authorized to
extend the Closing Date to a date less than 6 months from the Closing Date agreed to in Section 3.4 and
extend the completion date of the Improvements to a date less than 6 months from the completion date
set forth in Section 4.3.
(The remainder of this page is intentionally left blank.)
IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its
name and behalf and its seal to be hereunto duly affixed and the Developer has caused this
Agreement to be duly executed as of the day and year first above written.
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA
By _______________________________________
Its Chairperson
By _______________________________________
Its Executive Director
STATE OF MINNESOTA )
) SS
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2019, by ______________, the Chairperson of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, a public body corporate and
politic under the laws of Minnesota, on behalf of the HRA.
________________________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2019, by _____________, the Executive Director of the Housing and
Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under
the laws of Minnesota, on behalf of the public body corporate and politic.
________________________________________________
Notary Public
TWIN CITIES HABITAT FOR HUMANITY
By: ________________________________
Its: ___________________________________
STATE OF MINNESOTA )
) SS
COUNTY OF ______________)
The foregoing instrument was acknowledged before me this _____day of _______________,
2019, by __________________________________________, the _______________________ of
Twin Cities Habitat for Humanity, a corporation under the laws of Minnesota, on behalf of the
corporation.
________________________________________________
Notary Public
1
EXHIBIT A
LIST OF CONSTRUCTION PLAN DOCUMENTS
• Contract for Development, fully executed
• Concept Plans
• Site Plan
2
EXHIBIT B
FORM OF QUIT CLAIM DEED
STATE DEED TAX DUE HEREON: $_______
Date: ____________________
FOR VALUABLE CONSIDERATION, 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, Grantor,
hereby conveys and quit claims to Twin Cities Habitat for Humanity, a non-profit corporation under
the laws of the State of Minnesota, Grantee, real property in Hennepin County, Minnesota,
described as follows:
Lot 4, Block 6, “Ray's Lynnhurst,” according to the plat thereof on file or of record in the office of
the Register of Deeds in and for Hennepin County, Minnesota.
This deed is subject to the terms and provisions of that certain Contract for Private Development
between Grantor and Grantee (the “Contract”), dated ______________, 2019, recorded
_______________, 2019, in the office of the Hennepin County Recorder as Document No.
______________. Specifically, pursuant to Section 3.12 of the Contract, the Grantee agrees to
convey the Property and Improvements to a Qualified Buyer (as that term is defined in the
Contract). The Grantee must obtain the Grantor’s prior approval of the terms and conditions of the
purchase agreement with the Qualified Buyer, and the agreement terms and conditions must be
consistent with the terms of the Contract.
(if more space is needed, continue on back)
together with all hereditaments and appurtenances.
A well disclosure certificate accompanies this document.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
Affix Deed Tax Stamp Here
By
Its Chairperson
By
Its Executive Director
3
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK)
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RAK)
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this ____ day of _______, 20__, by Mary B.
Supple, the Chairperson of the Housing and Redevelopment Authority in and for the City of
Richfield, a public body corporate and politic under the laws of Minnesota, on behalf of the
corporation, Grantor.
_______________________________________
SIGNATURE OF PERSON TAKING
ACKNOWLEDGMENT
STATE OF MINNESOTA
} ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this ____________ day of _______, 20__, by
Steven L. Devich, the Executive Director, of 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 corporation, Grantor.
_______________________________________
SIGNATURE OF PERSON TAKING
ACKNOWLEDGMENT
Check here if part or all of the land is Registered (Torrens)
Tax Statements for the real property described
in this instrument should be sent to (include
name and address of Grantee):
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
4
EXHIBIT C
FORM OF CERTIFICATE OF COMPLETION
The undersigned hereby certifies that ____________________________, has fully and
completely complied 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
the construction of the approved construction plans at ________________________, legally
described as _____________________________ 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 RICHFIELD
By __________________________________
Its Chairperson
By __________________________________
Its Executive Director
5
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______________,
20___, by Mary Supple the Chairperson 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.
________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ______________ )
The foregoing instrument was acknowledged before me this __________ day
of____________________, 20__, by John Stark, the Executive Director of the Housing and
Redevelopment Authority in and for the City of Richfield, a public body corporate and politic under
the laws of Minnesota, on behalf of the public body corporate and politic.
________________________________________________
Notary Public
This instrument was drafted by:
Richfield Housing and Redevelopment Authority
6700 Portland Ave S
Richfield, MN 55423
EXHIBIT D
REQUIRED IMPROVEMENTS FOR ACCESSIBILITY
• One bedroom doorway will be 3’ wide.
• The bathroom on the main level will be wide enough to accommodate a wheel chair.
• The bathroom on the main level will include wall reinforcements that will support grab bars.
AGENDA SECTION:PUBLIC HEARINGS
AGENDA ITEM #5.
S TAFF REPORT NO. 23
HOUSING AND RE DEVELOPMENT AUT HORIT Y
MEET ING
5/20/2019
RE P O RT P RE PA RE D B Y: J ulie Urban, Housing Manager
O THE R D E PA RTM E NT RE V IE W: K atie Rodriguez, C ity Manager
E X E C UTIV E D IRE C TO R RE V IE W: J ohn S tark, E xecutive D irector
5/15/2019
I T E M F O R C O UNC IL C O NS ID E RAT I O N:
Public hearing and consider adoption of a resolution approving a Contract for Private Development
with MW F Properties for redevelopment of the City Garage South site at 7700 Pillsbury Avenue S with
55 units of affordable workforce housing.
E X E C UT IV E S UM M ARY:
MW F Properties (Developer) is proposing to purchase the City Garage South site at 7700 Pillsbury Avenue
S (Property) from the Housing and Redevelopment Authority (HRA) and build 55 units of affordable
workforce housing, including four to six units for people with disabilities.
The Developer is applying for federal Low I ncome Housing Tax Credits (L I HTC) to assist with financing the
project. I n addition, the Developer is seeking city financial participation through a write-down in the cost of the
land. The Property appraised at $770,000. The Developer is proposing to pay $70,000 for the land at closing,
with the remainder to be repaid through tax increment financing (TI F).
T he proposed Contract for Private Development (Contract) provides the following terms:
The Developer will construct minimum improvements of up to 55 units of rental housing, including four
to six units for people with disabilities accompanied by supportive services.
Rents for the project will be affordable for households earning between 30% to 70% of the Area Median
I ncome (A MI ).
The Developer will pay the HRA $70,000 at the time of closing on the Property.
The remaining $700,000 in acquisition cost will be repaid through TI F over 18.5 years.
The terms of the Contract require construction of the apartments to begin by December 31, 2020, and
be completed by December 31, 2021.
The Contract requires that the Developer not discriminate against households using rental vouchers.
The Contract is contingent upon the Developer being awarded tax credits.
RE C O M M E ND E D AC T I O N:
Conduct and close the public hearing and by motion: Adopt a resolution approving a Contract for
Private Development with MW F Properties for the City Garage South site at 7700 Pillsbury Avenue S
and selling the Housing and Redevelopment Authority owned property to MW F Properties.
B AS IS O F RE C O M M E ND AT I O N:
A.H IS TOR IC AL C ON T E X T
The Property formerly housed the offices for the City garage. Following the construction of the
new Public Works facility in 2007, this building was demolished, and ownership of the site was
transferred to the Housing and Redevelopment Authority (HRA) to develop the site.
On an interim basis, the site is being leased by Richfield-Bloomington Honda for employee
parking. The HRA’s lease with Richfield-Bloomington Honda allows for termination of the lease
with at least 30 days’ notice.
The proposal from MW F is the second housing development that has been proposed for the site.
I n 2017, Nicolai Apartments proposed 21 units of market-rate housing. Nicolai Apartments
decided not to move forward with the development.
W ork sessions were held on February 11, 2019, and March 26, 2019.
The Developer hosted a neighborhood open house on the proposed development on April 29,
2019.
B.P OL IC IE S (resolutions, ordinances, regulations, statutes, etc):
The Comprehensive Plan seeks to ensure a healthy balance of housing types that meets the
needs of a diverse population with diverse needs through the following policies:
Acknowledge and support the City's allocation of the region's need for affordable
housing.
Promote the development of a balanced housing stock that is available to a range of income
levels.
Give priority to projects that provide two and three-bedroom units (or larger).
The current Comprehensive Plan designation is medium density residential, which would allow up
to 39 units to be built on the site. The Developer plans to ask policymakers for a Comprehensive
Plan amendment to high density residential, which is consistent with other multi-family properties
located along the I -494 Corridor. The Contract is contingent upon the Developer obtaining all
necessary land use approvals from the City before closing on the Property.
The City’s Inclusionary Housing Policy commits the City to, “building a community that is
welcoming and affordable to a diverse population of individuals and families at all stages of their
lives.” I t requires new developments receiving financial assistance from the HRA to reserve 20%
of all units as affordable to households earning no more than 60% of the Area Median I ncome
(A MI ) or contribute 15% of the tax increment financing (TI F) (or the value of other types of
assistance) in lieu of including the units.
All units in the proposed development will have rents restricted to levels affordable
to households earning between 30 and 70% of the AMI, which exceeds the
affordable requirements of the Inclusionary Housing Policy, offering the opportunity
to add a significant number of affordable units with minimal financial assistance. In
addition, under the L IHT C requirements, affordability will be locked in for 40 years,
as opposed to the 26 years required by a Housing T IF District.
T he proposed development will provide much-needed larger rental units with 27 two
bedroom and 15 three bedroom units.
Additional affordability will be possible through our Section 8 and Kids@Home
programs.
C.C R IT IC AL T IMIN G IS S U E S:
The application for L I HTC is due J une 3, 2019. Evidence of site control is required for the
application.
LI HTC awards will be made in November of 2019. The Contract is contingent upon the
development being awarded tax credits.
The Contract requires that the Developer obtain land use approvals for the project by J une 1,
2020.
The Contract requires that construction commence no later than December 31, 2020 and be
completed by December 31, 2021.
The TI F District was certified March 28, 2016, and expires in 2042.
D.F IN AN C IAL IMPAC T:
The property appraised for $770,000 using the assumption that the proposed multi-family housing
project would be developed on the Property. Under the proposed Contract, the Developer will pay
$70,000 of the acquisition price at closing, and the remaining $700,000 will be paid over time with
tax increment. The full amount will be paid in 2040 under the following assumptions:
A minimum tax value of $7,590,000,
Current 4d tax rate for affordable housing of .75 percent,
Partial tax payments beginning in 2022; and
Zero percent inflation.
The City will be the recipient of the tax payments; therefore, the City assumes the risk if the
Legislature reduces tax rates.
The Developer has identified a need for public assistance to redevelop this site with affordable
workforce housing: but for the use of public assistance, the development could not occur.
The below-market rents and the cost of providing supportive services create a financing gap that is
partially closed with tax credits. City assistance through a land write-down will close the remaining
gap.
The Developer will finance the development costs with a first mortgage and equity provided by
LI HTC.
There is significant competition for tax credits. W ith the reduced land price, the project will benefit
in the L I HTC scoring process through reduced development costs and City financial participation.
A reduction of the $700,000 land write-down would have a significant, negative impact on the
development's score in the competitive process for tax credits.
The $12,727 per unit subsidy for this development is relatively small compared to other multi-family
projects that have received assistance from the HRA (e.g., Lyndale Plaza = $15,063/unit; The
Chamberlain = $29,901/unit; RF64 = $18,185/unit).
The HRA will retain 10% of the TI F for administrative expenses.
E.L E GAL C ON S ID E R AT ION:
HRA legal counsel drafted the proposed Contract in cooperation with staff and the Developer.
There are occasionally changes of an administrative or technical nature that are required of a
contract as more information becomes available; HRA legal counsel may be given authority to
make these changes without further HRA consideration.
ALTE R N AT IV E R E C O MME N D ATIO N(S):
Approve the Contract for Private Development with additional provisions or modifications.
Do not approve the Contract for Private Development.
P R IN C IPAL PAR TIE S E X P E C TE D AT ME E TIN G:
J ulie Eddington, HRA Legal Counsel; Rebecca Kurtz, HRA Financial Consultant; Representative(s) of MW F
Properties
AT TAC H ME N T S:
D escription Type
Resolution Resolution L etter
C ontract for P rivate D evelopment C ontract/A greement
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD, MINNESOTA
RESOLUTION NO. ______
RESOLUTION APPROVING CONTRACT FOR PRIVATE DEVELOPMENT
WITH MWF PROPERTIES, L.L.C. WITH RESPECT TO A WORKFORCE HOUSING
DEVELOPMENT AND AUTHORIZING THE CONVEYANCE OF LAND
WHEREAS, the City of Richfield, Minnesota (the “City”) and the Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota (the “Authority”) have approved the creation of Tax
Increment Financing District No. 2014-1 (a redevelopment district) (the “TIF District”) within the Richfield
Redevelopment Project in the City (the “Redevelopment Project”) and have adopted a tax increment
financing plan for the purpose of financing certain improvements within the Redevelopment Project; and
WHEREAS, MWF Properties, L.L.C., a Minnesota limited liability company (the “Developer”), has
proposed to acquire one parcel of property located within the TIF District, which is legally described as Lot 6,
Block 4, “R.C. Soens Addition,” according to the recorded plat thereof, Hennepin County, Minnesota (the
“Development Property”) and construct on the Development Property a development consisting of
approximately 55 units of workforce housing, including 4 to 6 units of housing for people with disabilities,
accompanied by supportive services (the “Minimum Improvements”); and
WHEREAS, there has been presented before this Board of Commissioners of the Authority (the
“Board”) a Contract for Private Development (the “Development Agreement”) proposed to be entered into
between the Authority and the Developer, pursuant to which the Developer will agree to construct the
Minimum Improvements and the Authority will agree to sell the Development Property for a reduced price to
the Developer and be reimbursed for the cost of the land with tax increment generated from the Development
Property; and
WHEREAS, the land write-down the Authority proposes to provide to the Developer is in the
amount of $700,000 and the Authority will be repaid with tax increment derived from the TIF District with
3.00% per annum; and
WHEREAS, the Authority understands and acknowledges that the City conveyed the Development
Property to the Authority with the understanding that the Authority would transfer any proceeds from the sale
of the Development Property to the City upon receipt and the Authority will repay the City for the
Development Property with the tax increment funds it receives; and
WHEREAS, on the date hereof, the Board conducted a duly noticed public hearing on the
conveyance of the Development Property to the Developer in accordance with Minnesota Statutes,
Section 469.029, subdivision 2; and
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota as follows:
1. The Development Agreement is hereby in all respects authorized, approved, and confirmed,
and the Chair and the Executive Director are hereby authorized and directed to execute the Development
Agreement for and on behalf of the Authority in substantially the form now on file with the Executive
Director but with such modifications as shall be deemed necessary, desirable, or appropriate, the execution
thereof to constitute conclusive evidence of their approval of any and all modifications therein.
2. The Board finds that the proposed conveyance of the Development Property is in accordance
with the redevelopment plan approved for the Redevelopment Project.
3. The conveyance of the Authority’s right, title, and interest in the Development Property to
the Developer described herein is hereby approved.
4. The Chair and the Executive Director are hereby authorized to execute and deliver to the
Developer any and all documents deemed necessary to carry out the intentions of this resolution and the
Development Agreement.
Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota
this 20th day of May, 2019.
Mary B. Supple, Chair
________________________________
Erin Vrieze Daniels, Secretary
May 14, 2019
CONTRACT
FOR
PRIVATE DEVELOPMENT
between
HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF RICHFIELD, MINNESOTA
and
MWF PROPERTIES, LLC
Dated: ___________, 2019
THIS INSTRUMENT DRAFTED BY:
Kennedy & Graven, Chartered (JAE)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
i
TABLE OF CONTENTS
Page
PREAMBLE ................................................................................................................................................... 1
ARTICLE I
Definitions
Section 1.1. Definitions ................................................................................................................................. 2
ARTICLE II
Representations and Warranties
Section 2.1. Representations by the Authority .............................................................................................. 5
Section 2.2. Representations by the Developer ............................................................................................ 5
ARTICLE III
Property Acquisition; Financing
Section 3.1. Status of Development Property ............................................................................................... 7
Section 3.2. Conveyance of Development Property ..................................................................................... 7
Section 3.3. Land Write-Down; Reimbursement for Development Property Purchase
Price ........................................................................................................................................... 8
Section 3.4. Payment of Administrative Costs ............................................................................................. 8
Section 3.5. Records ...................................................................................................................................... 9
Section 3.6. Purpose of Assistance ............................................................................................................... 9
ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements ............................................................................................... 10
Section 4.2. Construction Plans .................................................................................................................. 10
Section 4.3. Commencement and Completion of Construction ................................................................. 11
Section 4.4. Certificate of Completion ........................................................................................................ 11
Section 4.5. Affordability Covenants .......................................................................................................... 11
Section 4.6. Affordability Housing Reporting ............................................................................................ 12
Section 4.7. Records. ................................................................................................................................... 12
ARTICLE V
Insurance
Section 5.1. Insurance ................................................................................................................................. 13
Section 5.2. Subordination .......................................................................................................................... 14
ii
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes .......................................................................................... 15
Section 6.2. Reduction of Taxes ................................................................................................................. 15
Section 6.3. Qualifications .......................................................................................................................... 15
ARTICLE VII
Financing
Section 7.1. Mortgage Financing ................................................................................................................ 17
Section 7.2. Authority’s Option to Cure Default in Mortgage ................................................................... 17
Section 7.3. Modification; Subordination ................................................................................................... 17
Section 7.4. Termination ............................................................................................................................. 17
ARTICLE VIII
Prohibitions against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development.......................................................................................... 18
Section 8.2. Prohibition against Developer’s Transfer of Property and Assignment of
Agreement ............................................................................................................................... 18
Section 8.3. Release and Indemnification Covenants ................................................................................. 19
ARTICLE IX
Events of Default
Section 9.1. Events of Default ..................................................................................................................... 21
Section 9.2. Remedies on Default ............................................................................................................... 21
Section 9.3. [Reserved] ............................................................................................................................... 21
Section 9.4. Revesting Title in Authority upon Happening of Event Subsequent to
Conveyance to Developer ....................................................................................................... 21
Section 9.5. Resale of Reacquired Property; Disposition of Proceeds ...................................................... 22
Section 9.6. No Remedy Exclusive ............................................................................................................. 23
Section 9.7. No Additional Waiver Implied by One Waiver ...................................................................... 23
Section 9.8. Attorney Fees and Costs ......................................................................................................... 23
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable.............................. 24
Section 10.2. Equal Employment Opportunity ............................................................................................. 24
Section 10.3. Restrictions on Use ................................................................................................................. 24
Section 10.4. Provisions Not Merged With Deed ......................................................................................... 24
Section 10.5. Titles of Articles and Sections ................................................................................................ 24
Section 10.6. Notices and Demands ............................................................................................................. 24
Section 10.7. Counterparts ............................................................................................................................ 24
Section 10.8. Recording ................................................................................................................................ 25
Section 10.9. Amendment ............................................................................................................................. 25
Section 10.10. Termination ............................................................................................................................. 25
iii
SIGNATURES ................................................................................................................................................ S-1
EXHIBIT A Development Property .......................................................................................................... A-1
EXHIBIT B Certificate of Completion ...................................................................................................... B-1
EXHIBIT C Form of Declaration of Restrictive Covenants ..................................................................... C-1
EXHIBIT D Form of Minimum Assessment Agreement ......................................................................... D-1
1
CONTRACT FOR PRIVATE DEVELOPMENT
THIS CONTRACT FOR PRIVATE DEVELOPMENT (the “Agreement”) is made as of the ___ day
of ________, 2019, between the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF RICHFIELD, MINNESOTA, a public body corporate and politic under the laws of the State of
Minnesota (the “Authority”), and MWF PROPERTIES, LLC, a Minnesota limited liability company (the
“Developer”).
WITNESSETH:
WHEREAS, the Authority was created pursuant to Minnesota Statutes, Sections 469.001 through
469.047, as amended (the “HRA Act”), and was authorized to transact business and exercise its powers by a
resolution of the City Council of the City of Richfield (the “City”); and
WHEREAS, the Authority has undertaken a program to promote redevelopment and development of
land that is underused or underutilized within the City, and in this connection the Authority administers a
redevelopment project known as the Richfield Redevelopment Project (the “Redevelopment Project”)
pursuant to the HRA Act; and
WHEREAS, pursuant to the HRA Act, the Authority is authorized to acquire real property, or
interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private
enterprise and promote the development of housing within the City; and
WHEREAS, the City and the Authority have established the 2014-1 Tax Increment Financing
District (City Garage Site) (the “TIF District”) within the Richfield Project pursuant to Minnesota Statutes,
Sections 469.174 through 469.1794, as amended, in order to facilitate redevelopment of certain property in
the Redevelopment Project and promote the development of housing within the City; and
WHEREAS, the Developer proposes to acquire certain property from the Authority located in the
TIF District (the “Development Property”) and construct thereon approximately 55 units of workforce
housing, including 4 to 6 units of housing for people with disabilities, accompanied by supportive services
(the “Minimum Improvements”), which project is expected to receive federal low income tax credits; and
WHEREAS, in order to achieve the objectives of the Redevelopment Plan for the Redevelopment
Project and make the Minimum Improvements economically feasible for the Developer to construct, the
Authority is prepared to write-down the cost of the Development Property to the Developer and proposed to
convey the Development Property to the Developer for a purchase price of $70,000 (representing a write-
down of $700,000); and
WHEREAS, the Authority believes that the development of the TIF District pursuant to this
Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the
health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of
the applicable state and local laws and requirements under which the Redevelopment Project has been
undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
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ARTICLE I
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the
context:
“Agreement” means this Contract for Private Development, 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,
Minnesota.
“Authority Representative” means the Executive Director of the Authority.
“Available Tax Increment” means, on each February 1 and August 1, the Tax Increment attributable
to the Development Property and paid to the Authority by the County in the six (6) months preceding each
February 1 and August 1 after first deducting therefrom ten percent (10%) of the Tax Increment to be used to
reimburse the Authority for administrative expenses and the promotion of redevelopment and housing.
“Board” means the Board of Commissioners of the Authority.
“Certificate of Completion” means the certification provided to the Developer pursuant to
Section 4.4 hereof and set forth in EXHIBIT B attached hereto.
“City” means the City of Richfield, Minnesota.
“Closing” has the meaning given such term in Section 3.2 hereof.
“Code” means the Internal Revenue Code of 1986, as amended, and the Treasury Regulations
promulgated thereunder.
“Construction Plans” means the plans, specifications, drawings and related documents on the
construction work to be performed by the Developer on the Development Property, including the Minimum
Improvements, which (a) shall be as detailed as the plans, specifications, drawings and related documents
which are submitted to the appropriate building officials of the City, and (b) shall include at least the
following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) cross-sections of each (length
and width); (5) elevations (all sides, including a building materials schedule); (6) landscape and grading plan;
and (7) such other plans or supplements to the foregoing plans as the City may reasonably request to allow it
to ascertain the nature and quality of the proposed construction work.
“County” means Hennepin County, Minnesota.
“Declaration” means Declaration of Restrictive Covenants substantially in the form set forth in
EXHIBIT C.
“Developer” means MWF Properties, LLC, a Minnesota limited liability company, or its permitted
successors and assigns.
“Development Property” means the real property described in EXHIBIT A attached hereto.
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“Development Property Purchase Price” means $770,000, as adjusted pursuant to the terms of this
Agreement.
“Event of Default” means an action by the Developer listed in Article IX hereof.
“Holder” means the owner of a Mortgage.
“HRA Act” means Minnesota Statutes, Sections 469.001 through 469.047, as amended.
“Material Change” means a change in construction plans that adversely affects generation of tax
increment or changes the number of units of rental housing.
“Minimum Improvements” means the construction of a multifamily housing development with
approximately 55 Rental Housing Units, including 4 to 6 Rental Housing Units for people with disabilities,
accompanied by supportive services, on the Development Property.
“Minimum Market Value” has the meaning set forth in Section 4.2(a)(vi) hereof.
“Mortgage” means any mortgage made by the Developer which is secured, in whole or in part, with
the Development Property and which is a permitted encumbrance pursuant to the provisions of Article VII
hereof.
“Project Area” means the real property located within the boundaries of the Redevelopment Project.
“Redevelopment Plan” means the Redevelopment Plan for the Redevelopment Project approved and
adopted by the Authority and the City Council of the City.
“Redevelopment Project” means the Richfield Redevelopment Project.
“Rental Housing Units” means the workforce rental housing units constructed as part of the
Minimum Improvements.
“State” means the State of Minnesota.
“Tax Credit Law” means Section 42 of the Code.
“Tax Increment” means that portion of the real property taxes which is paid with respect to the TIF
District and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act.
“Tax Increment Act” or “TIF Act” means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 through 469.1794, as amended.
“Tax Increment District” or “TIF District” means the 2014-1 Tax Increment Financing District (City
Garage Site), a redevelopment district, established within the Redevelopment Project.
“Tax Increment Plan” or “TIF Plan” means the Tax Increment Financing Plan for the TIF District, as
approved by the City Council on February 25, 2014, as it may be amended and supplemented.
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“Tax Official” means any County assessor; County auditor; 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.
“Termination Date” means the earlier of (i) the date the Development Property Purchase Price is paid
in full as described in Section 3.3; and (ii) the date the TIF District is decertified.
“Unavoidable Delays” means delays beyond the reasonable control of the party seeking to be
excused as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse
weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third
parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal,
state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which
directly result in delays.
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ARTICLE II
Representations and Warranties
Section 2.1. Representations 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 housing and redevelopment authority organized and existing under the
laws of the State. Under the provisions of the Act, the Authority has the power to enter into this Agreement
and carry out its obligations hereunder, and execution of this Agreement has been duly, properly and validly
authorized by the Authority.
(b) The activities of the Authority are being undertaken to facilitate the construction of the
Minimum Improvements in accordance with the terms of this Agreement to further the objectives of the
Redevelopment Plan.
(c) The activities of the Authority undertaken pursuant to this Agreement are necessary to foster
the redevelopment of certain real property which for a variety of reasons is presently underutilized, to
eliminate current blighting factors and prevent the emergence of further blight at a critical location in the
City, to promote affordable housing in the City, and to stimulate further development of the TIF District and
Redevelopment Project as a whole.
(d) The execution, delivery and performance of this Agreement and of any other documents or
instruments required pursuant to this Agreement by the Authority, and consummation of the transactions
contemplated therein and the fulfillment of the terms thereof, do not and will not conflict with or constitute a
breach of or default under any existing (i) indenture, mortgage, deed of trust or other agreement or instrument
to which the Authority is a party or by which the Authority or any of its property is or may be bound; or
(ii) legislative act, constitution or other proceedings establishing or relating to the establishment of the
Authority or its officers or its resolutions.
(e) There is not pending, nor to the best of the Authority’s knowledge is there threatened, any
suit, action or proceeding against the Authority before any court, arbitrator, administrative agency or other
governmental authority that materially and adversely affects the validity of any of the transactions
contemplated hereby, the ability of the Authority to perform its obligations hereunder, or the validity or
enforcement of this Agreement.
(f) No commissioner of the Board of the Authority or officer of the Authority has either a direct
or indirect financial interest in this Agreement, nor will any commissioner or officer benefit financially from
the Agreement within the meaning of Section 469.009 of the HRA Act.
Section 2.2. Representations by the Developer. The Developer represents and warrants that:
(a) The Developer is a limited liability company duly organized and in good standing under the
laws of the State, is duly authorized to transact business within the State, and has the power to enter into this
Agreement.
(b) The Developer will construct, operate and maintain the Minimum Improvements in
accordance with the terms of this Agreement, Redevelopment Plan and all local, state and federal laws and
regulations (including, but not limited to, environmental, zoning, building code and public health laws and
regulations).
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(c) The Developer has received no notice or communication from any local, state or federal
official that the activities of the Developer or the Authority in or on the Development Property 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 Developer is aware of no facts the existence of which would cause it to be in
violation of or give any person a valid claim under any local, state or federal environmental law, regulation or
review procedure.
(d) The Developer will obtain, in a timely manner, all required permits, licenses and approvals,
and will meet, in a timely manner, all 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.
(e) 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
corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which
the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing.
(f) The proposed development by the Developer hereunder would not occur but for the tax
increment financing assistance being provided by the Authority hereunder.
(g) The Developer shall promptly advise the Authority in writing of all litigation or claims
affecting any part of the Minimum Improvements and all written complaints and charges made by any
governmental authority materially affecting the Minimum Improvements or materially affecting Developer or
its business which may delay or require changes in construction of the Minimum Improvements.
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ARTICLE III
Property Acquisition; Financing
Section 3.1. Status of Development Property. The Authority currently owns fee absolute title to the
Development Property and shall convey the Development Property to the Developer pursuant to the
provisions of Section 3.2 hereof.
Section 3.2. Conveyance of Development Property.
(a) The Authority will convey the Development Property to the Developer via a quit claim deed.
The conveyance of the Development Property to the Developer is contingent on the Board of the Authority
holding a public hearing and approving the sale of the Development Property. The Authority will cause the
Board of the Authority to hold such public hearing and consider such approvals no later than June 3, 2019.
The Development Property will be conveyed “as-is” and “where-is.” Within sixty (60) days following
execution of this Agreement, the Developer will obtain a commitment for title insurance from a title
insurance company (the “Title Company”) acceptable to Developer. The Developer shall pay for the cost of
obtaining a policy of title insurance.
(b) Within sixty (60) days after the Developer’s receipt of the title commitment, the Developer
may give the Authority written notice of any alleged defect(s) in the marketability of the Authority’s actual
and/or record title to the Development Property, or any portion thereof (the “Objections”) and request that the
Authority make the Authority’s title marketable or conforming. The Developer’s failure to object to defects
in the marketability of Authority’s title to the Property, in writing, within the time period set forth above or at
any time prior to Closing, shall be deemed a waiver of the Developer’s right to require the Authority to cure
such defects. If the Developer notifies the Authority of Objections within the time period set forth above, the
Authority shall use good faith efforts to make the Authority’s actual and record title to the Property
marketable. The Authority shall have up to forty-five (45) days from the Authority’s receipt of the
Developer’s Objections to use good faith efforts to make the Authority’s actual and record title to the
Property marketable. In no event will the Authority be required to expend more than $1,000 in its good faith
efforts to make the Authority’s actual and record title to the Property marketable. If the Authority makes the
Authority’s title marketable within the forty-five (45) day period, the Authority shall notify the Developer, in
writing, and the parties shall close pursuant to the terms of this Agreement. If the Authority is unable to
make title marketable within the forty-five (45) day period, the Developer may either: (i) terminate this
Agreement by delivering written notice of termination to the Authority; or (ii) notify the Authority that the
Developer waives the Developer’s Objections. If the Developer waives the Developer’s Objections, the
matters giving rise to such Objections shall be deemed a permitted encumbrance and the parties shall
otherwise perform their obligations under this Agreement. The Authority shall have no obligation to take any
action to clear defects in the title to the Property other than the good faith efforts described above.
(c) Without limitation, the Developer is responsible for satisfying itself as to matters such as
contamination, soils conditions and soil stability, and survey. The Authority shall have no obligation to cure
any defect or other matter regarding contamination, soils conditions and soil stability, and survey, but agrees
to cooperate, at no cost or expense to it, in any efforts by Developer to achieve such a cure.
(d) On the date the Development Property is conveyed to the Developer (the “Closing”), the
Developer shall provide the Authority with an executed Declaration and the Authority will execute and
deliver to the Developer the following, in form and content reasonably acceptable to the Developer:
(i) A quit claim deed conveying the Development Property to the Developer;
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(ii) A non-foreign affidavit, properly executed, containing such information as is
required by Internal Revenue Code Section 1445(b)(2) and its regulations;
(iii) A standard form Seller’s Affidavit;
(iv) A well certificate in the form required by law;
(v) Any affidavit and disclosures required by law pertaining to private sewage treatment
systems; and
(vi) Any affidavits, certificates, or other documents that may be required under
applicable law and/or that are reasonably determined by Developer or the Title Company to be
necessary to transfer the Development Property to Developer and to evidence that the Authority has
duly authorized the transactions contemplated hereby.
(e) The Developer acknowledges that the Authority will be conveying the Development
Property to the Developer for the fair market value of the Development Property, which is $770,000 (the
“Development Property Purchase Price”). The Developer will provide the Authority with $70,000 of the
Development Property Purchase Price at Closing. To make the Minimum Improvements economically
feasible, the Authority has agreed to provide the Developer with a subsidy of $700,000 by writing-down the
remainder of the Development Property Purchase Price.
(f) The Developer shall obtain all of the land use approvals required for the Minimum
Improvement on or prior to June 1, 2020.
(g) The Closing will not take place until the Developer has obtained all necessary land use
approvals from the City. In the event that the Closing has not taken place by September 1, 2020, and unless
extended by mutual agreement of the parties, this Agreement will terminate and be of no further force and
effect, and the parties will be relieved of any further obligations hereunder. Notwithstanding the foregoing,
the deadline for the Closing may be postponed to December 31, 2020, if the Developer has completed the
following actions: (i) submitted all paperwork necessary to the City to obtain all required building permits for
the Minimum Improvements; and (ii) obtained a commitment from one or more lenders to provide financing
for the Minimum Improvements.
Section 3.3. Land Write-Down; Reimbursement for Development Property Purchase Price. The
parties acknowledge that the Development Property Purchase Price is $770,000 and the Authority will
convey the Development Property to the Developer for an amount less than the fair market value of the
Development Property pursuant to Section 3.2(e) hereof. The Authority will reimburse itself for the land
write-down in the amount of $700,000 (the “Land Write-Down”) from Available Tax Increment with interest
at a rate of three percent (3%) per annum.
Section 3.4. Payment of Administrative Costs. Prior to the date of execution of this Agreement, the
Developer deposited with the Authority $3,500 and shall cause to be deposited with the Authority an
additional $4,000 (for a total deposit of $7,500). The Authority will use such deposit to pay “Administrative
Costs,” which term means out of pocket costs incurred by the Authority, together with staff costs up to
$1,000 and consultant costs of the Authority, all attributable to or incurred in connection with the negotiation,
preparation or modification of this Agreement and other documents and agreements in connection with the
development of the Development Property, and not previously paid by the Developer. At the Developer’s
request, but no more often than monthly, the Authority will provide the Developer with a written report
including invoices, time sheets or other comparable evidence of expenditures for Administrative Costs and
the outstanding balance of funds deposited. At any time the deposit drops below $1,000, the Developer shall
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replenish the deposit to the full $7,500 within thirty (30) days after receipt of written notice thereof from the
HRA. If at any time the Authority determines that the deposit is insufficient to pay Administrative Costs, the
Developer is obligated to pay such shortfall within fifteen (15) days after receipt of a written notice from the
Authority containing evidence of the unpaid costs. If Administrative Costs incurred, and reasonably
anticipated to be incurred are less than the deposit by the Developer, the Authority shall return to the
Developer any funds not anticipated to be needed.
Section 3.5. Records. The Authority and its representatives shall have the right at all reasonable
times after reasonable notice to inspect, examine and copy all books and records of Developer relating to the
Minimum Improvements and the costs for which the Developer has been reimbursed with Available Tax
Increment.
Section 3.6. Purpose of Assistance. The parties agree and understand that the purpose of the
Authority’s financial assistance to the Developer is to facilitate development of housing, and is not a
“business subsidy” within the meaning of Minnesota Statutes, Sections 116J.993 to 116J.995, as amended.
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ARTICLE IV
Construction of Minimum Improvements
Section 4.1. Construction of Improvements. Following the conveyance of the Development
Property to the Developer, the Developer agrees that it will construct the Minimum Improvements on the
Development Property substantially in accordance with the Construction Plans as approved pursuant to
Section 4.2 hereof, and at all times prior to the Termination Date, will operate and maintain, preserve and
keep the Minimum Improvements or cause such improvements to be maintained, preserved and kept with the
appurtenances and every part and parcel thereof, in good repair and condition. The Authority shall have no
obligation to operate or maintain the Minimum Improvements.
Section 4.2. Construction Plans.
(a) Before commencement of construction of the Minimum Improvements, the Developer shall
submit the Construction Plans to the Authority. The Authority Representative will approve the Construction
Plans in writing if: (i) the Construction Plans conform to the terms and conditions of this Agreement; (ii) the
Construction Plans conform to the goals and objectives of the Redevelopment Plan; (iii) the Construction
Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the
Construction Plans are adequate to provide for construction of the Minimum Improvements; (v) the
Construction Plans do not provide for expenditures in excess of the funds available to the Developer from all
sources (including Developer’s equity) for construction of the Minimum Improvements; (vi) the Construction
Plans provide for the construction of Minimum Improvements having an estimated market value of at least
$7,590,000 (the “Minimum Market Value”); and (vii) no uncured Event of Default has occurred. Approval
may be based upon a review by the City’s Building Official of the Construction Plans. No approval by the
Authority Representative shall relieve the Developer of the obligation to comply with the terms of this
Agreement or of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and
regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the
Authority Representative shall constitute a waiver of an Event of Default. If approval of the Construction
Plans is requested by the Developer in writing at the time of submission, such Construction Plans shall be
deemed approved unless rejected in writing by the Authority Representative, in whole or in part. Such
rejections shall set forth in detail the reasons therefor, and shall be made within thirty (30) days after the date
of their receipt by the Authority. If the Authority Representative rejects any Construction Plans in whole or
in part, the Developer shall submit new or corrected Construction Plans within thirty (30) days after written
notification to the Developer 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. The Authority Representative’s approval shall not be unreasonably
withheld, delayed or conditioned. Said approval shall constitute a conclusive determination that the
Construction Plans (and the Minimum Improvements constructed in accordance with said plans) comply to
the Authority’s satisfaction with the provisions of this Agreement relating thereto.
(b) If the Developer desires to make any Material Change in the Construction Plans after their
approval by the Authority, the Developer shall submit the proposed change to the Authority for its approval.
If the Construction Plans, as modified by the proposed change, conform to the requirements of this
Section 4.2 with respect to such previously approved Construction Plans, the Authority shall approve the
proposed change and notify the Developer in writing of its approval. Such change in the Construction Plans
shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written
notice by the Authority to the Developer, setting forth in detail the reasons therefor. Such rejection shall be
made within thirty (30) days after receipt of the notice of such change. The Authority’s approval of any such
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change in the Construction Plans may be conditioned on amendment to provisions of this Agreement if such
amendments will mitigate the materiality of such proposed changes.
Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the
Developer will commence the construction of the Minimum Improvements by December 31, 2020, and
substantially complete construction of the Minimum Improvements by December 31, 2021. Construction is
considered to be commenced upon the beginning of physical improvements beyond grading. All work with
respect to the Minimum Improvements to be constructed or provided by the Developer on the Development
Property shall be in substantial conformity with the Construction Plans as submitted by the Developer and
approved by the Authority. If the Closing is postponed pursuant to Section 3.2(g) hereof, the Developer shall
commence construction of the Minimum Improvements within sixty (60) days of the Closing.
The Developer agrees for itself, its successors and assigns, and every successor in interest to the
Development Property, or any part thereof, that the Developer, and such successors and assigns, shall
promptly begin and diligently prosecute to completion the development of the Minimum Improvements.
Section 4.4. Certificate of Completion.
(a) Promptly after substantial completion of the Minimum Improvements in accordance with
those provisions of the Agreement relating solely to the obligations of the Developer to construct the
Minimum Improvements (including the dates for beginning and completion thereof), the Authority
Representative will furnish the Developer with a Certificate of Completion shown as EXHIBIT B attached
hereto. Notwithstanding anything to the contrary contained herein, the Authority shall issue the Certificate of
Completion upon the City’s issuance of a certificate of occupancy that allows tenants to occupy the Minimum
Improvements. The Certificate of Completion will be a conclusive determination of the satisfaction and
termination of the agreements and covenants in Articles III and IV of this Agreement and in the deed
conveying the Development Property to the Developer with respect to the obligations of the Developer and
its successors and assigns to construct the Minimum Improvements.
(b) If the Authority Representative shall refuse or fail to provide any certification in accordance
with the provisions of this Section 4.4, the Authority Representative shall, within thirty (30) days after written
request by the Developer, provide the Developer with a written statement, indicating in adequate detail in
what respects the Developer has failed to complete the Minimum Improvements in accordance with the
provisions of the Agreement, or is otherwise in default, and what measures or acts will be necessary, in the
opinion of the Authority, for the Developer to take or perform in order to obtain such certification.
(c) Regardless of whether a Certificate of Completion is issued by the Authority, the
construction of the Minimum Improvements shall be deemed to be complete upon issuance of a certificate of
occupancy by the City.
Section 4.5. Affordability Covenants. The Developer agrees that the Minimum Improvements are
subject to the following affordability covenants:
(a) Recent Federal legislation has introduced an income averaging option for the low-income
housing tax credit program. This legislation allows projects to accept residents with higher average median
incomes as along as the overall average of the income of tenants in the project does not exceed sixty percent
(60%) of the area median income, which provides LIHTC projects the ability to serve tenants with a greater
range of incomes (“Income Averaging”). The Minnesota Housing Finance Agency allows Income
Averaging for the low-income housing tax credit program to be used for the Minimum Improvements. This
Agreement requires the Developer to cause one hundred percent (100%) of the Rental Housing Units in the
Minimum Improvements to be affordable to families at various levels using Income Averaging, if applicable;
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provided, however, the overall average of the income of tenants of the Minimum Improvements shall not
exceed sixty percent (60%) of the area median income.
(b) The Authority and its representatives will have the right at all reasonable times while the
covenants in this Section are in effect, after reasonable notice to inspect, examine, and copy all books and
records of the Developer and its successors and assigns relating to the covenants described in this Section and
in the Declaration.
(c) During the term of the Declaration, the Developer shall not adopt any policies specifically
prohibiting or excluding rental to tenants holding certificates/vouchers under Section 8 of the United States
Housing Act of 1937, as amended, codified as 42 U.S.C. Sections 1401 et seq., or its successor because of
such prospective tenant’s status as such a certificate/voucher holder.
(d) The Developer will immediately notify the Authority if at any time during the term of the
Declaration the dwelling units in the Minimum Improvements are not occupied or available for occupancy as
required by the terms of the Declaration.
(e) The Developer shall include the following mix of Rental Housing Units within the
Minimum Improvements:
Unit Type Number of Units
One Bedroom 13
Two Bedroom 27
Three Bedroom 15
(f) The Developer shall reserve four to six Rental Housing Units within the Minimum
Improvements for people with disabilities, with supportive services.
Section 4.6. Affordable Housing Reporting. At least annually, no later than April 1 of each year
commencing on the April 1 first following the issuance of the Certificate of Completion for the Minimum
Improvements, the Developer shall provide a report to the Authority evidencing that the Developer complied
with the income affordability covenants set forth in Section 4.5 hereof during the previous calendar year. The
income affordability reporting shall be on the form entitled “Tenant Income Certification” from the
Minnesota Housing Finance Agency (MHFA HTC Form 14), or if unavailable, any similar form. The
Authority may require the Developer to provide additional information reasonably necessary to assess the
accuracy of such certification.
Section 4.7. Records. The Authority, the City, the legislative auditor, and the State auditor’s office,
through any authorized representatives, shall have the right after reasonable notice to inspect, examine and
copy all books and records of the Developer relating to the construction of the Minimum Improvements. The
Developer shall maintain such records and provide such rights of inspection for a period of six (6) years after
issuance of the Certificate of Completion for the Minimum Improvements.
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ARTICLE V
Insurance
Section 5.1. Insurance.
(a) The Developer will provide and maintain at all times during the process of constructing the
Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that
period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies
covering the following:
(i) Builder’s risk insurance, written on the so-called “Builder’s Risk – Completed
Value Basis,” in an amount equal to one hundred percent (100%) of the insurable value of the
Minimum Improvements at the date of completion, and with coverage available in nonreporting form
on the so-called “all risk” form of policy. The interest of the Authority shall be protected in
accordance with a clause in form and content satisfactory to the Authority;
(ii) Comprehensive general liability insurance (including operations, contingent
liability, operations of subcontractors, completed operations and contractual liability insurance)
together with a Protective Liability Policy with limits against bodily injury and property damage of
not less than $2,000,000 for each occurrence (to accomplish the above-required limits, an umbrella
excess liability policy may be used). The Authority shall be listed as an additional insured on the
policy; and
(iii) Workers’ compensation insurance, with statutory coverage.
(b) Upon completion of construction of the Minimum Improvements and prior to the
Termination Date, the Developer shall maintain, or cause to be maintained, at its cost and expense, and from
time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as
follows:
(i) Insurance against loss and/or damage to the Minimum Improvements under a policy
or policies covering such risks as are ordinarily insured against by similar businesses.
(ii) Comprehensive general public liability insurance, including personal injury liability
(with employee exclusion deleted), against liability for injuries to persons and/or property, in the
minimum amount for each occurrence and for each year of $2,000,000, and shall be endorsed to
show the Authority as additional insured.
(iii) Such other insurance, including workers’ compensation insurance respecting all
employees, if any, of the Developer, in such amount as is customarily carried by like organizations
engaged in like activities of comparable size and liability exposure; provided that the Developer may
be self-insured with respect to all or any part of its liability for workers’ compensation.
(c) All insurance required in this Article V shall be taken out and maintained in responsible
insurance companies selected by the Developer which are authorized under the laws of the State to assume
the risks covered thereby. Upon request, the Developer will deposit annually with the Authority policies
evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that
such insurance is in force and effect. Unless otherwise provided in this Article V each policy shall contain a
provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided
14
below the amounts required herein without giving written notice to the Developer and the Authority at least
thirty (30) days before the cancellation or modification becomes effective. In lieu of separate policies, the
Developer may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the
coverage required herein, in which event the Developer shall deposit with the Authority a certificate or
certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements.
(d) The Developer agrees to notify the Authority immediately in the case of damage exceeding
$100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from
fire or other casualty. In such event the Developer will forthwith repair, reconstruct and restore the Minimum
Improvements to substantially the same or an improved condition or value as it existed prior to the event
causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration,
the Developer will apply the Net Proceeds of any insurance relating to such damage received by the
Developer to the payment or reimbursement of the costs thereof.
The Developer shall complete the repair, reconstruction and restoration of the Minimum
Improvements, whether or not the Net Proceeds of insurance received by the Developer for such purposes are
sufficient to pay for the same. Any Net Proceeds remaining after completion of such repairs, construction
and restoration shall be the property of the Developer.
(e) The Developer and the Authority agree that all of the insurance provisions set forth in this
Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subordination. Notwithstanding anything to the contrary contained in this Article V,
the rights of the Authority with respect to the receipt and application of any proceeds of insurance shall, in all
respects, be subject and subordinate to the rights of any lender under a Mortgage approved pursuant to
Article VII hereof.
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ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes. The Developer acknowledges that the Authority is
providing substantial aid and assistance in furtherance of the redevelopment through the Land Write-Down.
The Developer agrees for itself, its successors and assigns, in addition to the obligation pursuant to statute to
pay real estate taxes, that it is also obligated by reason of this Agreement to pay before delinquency all real
estate taxes assessed against the Development Property and the Minimum Improvements. The Developer
acknowledges that this obligation creates a contractual right on behalf of the Authority to sue the Developer
or its successors and assigns to collect delinquent real estate taxes and any penalty or interest thereon and to
pay over the same as a tax payment to the county auditor. In any such suit, the Authority shall also be
entitled to recover its costs, expenses and reasonable attorney fees.
Section 6.2. Reduction of Taxes. The Developer agrees that after the date of certification of the Tax
Increment District and prior to completion of the Minimum Improvements, it will not cause a reduction in the
real property taxes paid in respect of the Development Property through: (A) willful destruction of the
Development Property or any part thereof (except for the demolition of structures, if any, required to
construct the Minimum Improvements); or (B) willful refusal to reconstruct damaged or destroyed property
pursuant to Section 5.1 hereof.
The Developer also agrees that it will not, prior to the Termination Date, (i) seek exemption from
property tax for the Development Property; (ii) convey or transfer or allow conveyance or transfer of the
Development Property to any entity that is exempt from payment of real property taxes under State law; or
(iii) seek or agree to any reduction of the assessor’s estimated market value to below the Minimum Market
Value described in Section 4.2(a)(vi) hereof.
The Developer may, at any time following the issuance of the Certificate of Completion, seek
through petition or other means to have the Assessors Estimated Market Value for the Development Property
reduced to not less than the Minimum Market Value. Such activity must be preceded by written notice from
the Developer to the Authority indicating its intention to do so. Notwithstanding the foregoing, the Authority
acknowledges that the Developer intends for the Minimum Improvements to qualify as Class 4d low income
rental housing, as defined in Minn. Stat. Section 273.13, subd. 25(e) for purposes of the property taxes
imposed against the Minimum Improvements.
Section 6.3. Qualifications. Notwithstanding anything herein to the contrary, the parties
acknowledge and agree that upon transfer of the Development Property to another person or entity, the
Developer will remain obligated under Sections 6.1 and 6.2 hereof, unless the Developer is released from
such obligations in accordance with the terms and conditions of Section 8.2(b) or 8.3 hereof.
Section 6.4. Minimum Assessment Agreement. (a) On or before Closing, the Developer shall
execute the Minimum Assessment Agreement pursuant to Minnesota Statutes, Section 469.177, subd. 8,
specifying an assessor’s minimum market value for the Development Property with the Minimum
Improvements constructed thereon.
(b) The Minimum Assessment Agreement shall be substantially in the form attached hereto as
EXHIBIT D. Nothing in the Assessment Agreement shall limit the discretion of the assessor to assign a
market value to the property in excess of such assessor’s minimum market value nor prohibit the Developer
from seeking through the exercise of legal or administrative remedies a reduction in such market value for
property tax purposes, provided however, that the Developer shall not seek a reduction of such market value
16
below the assessor’s minimum market value in any year so long as such Minimum Assessment Agreement
shall remain in effect. The Assessment Agreement shall remain in effect for the period described in
EXHIBIT D.
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17
ARTICLE VII
Financing
Section 7.1. Mortgage Financing.
(a) Before the date of the Closing, the Developer shall submit to the Authority evidence of
receipt of a reservation of low income tax credits under the Tax Credit Law from the Minnesota Housing
Finance Agency. Before commencement of construction of the Minimum Improvements, the Developer
shall submit to the Authority evidence of one or more commitments for financing which, together with
committed equity for such construction and the low income tax credits, is sufficient for payment of the
Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage
financing, a bridge loan with a long term take-out financing commitment, or any combination of the
foregoing.
(b) If the Authority finds that the financing is sufficiently committed and adequate in amount to
pay the costs specified in paragraph (a) then the Authority shall notify the Developer in writing of its
approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given
within twenty (20) days from the date when the Authority is provided the evidence of financing. A failure by
the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder.
If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis
for the rejection. In any event the Developer shall submit adequate evidence of financing within twenty (20)
days after such rejection.
Section 7.2. Authority’s Option to Cure Default in Mortgage. In the event that any portion of the
Developer’s funds is provided through mortgage financing, and there occurs a default under any Mortgage
authorized pursuant to Article VII hereof, the Developer shall cause the Authority to receive copies of any
notice of default received by the Developer from the holder of such Mortgage. Thereafter, to the extent
permitted by the Holder of any Mortgage, the Authority shall have the right, but not the obligation, to cure
any such default on behalf of the Developer within such cure periods as are available to the Developer under
the Mortgage documents. In the event there is an Event of Default under this Agreement, the Authority will
transmit to the Holder of any Mortgage and any tax credit investor of the Developer a copy of any notice of
an Event of Default given by the Authority pursuant to Article IX hereof if the Developer provides the names
and contact information necessary to deliver such notices.
Section 7.3. Modification; Subordination. In order to facilitate the Developer obtaining financing
for the development of the Minimum Improvements, the Authority agrees to subordinate its rights under this
Agreement to the Holder of any Mortgage securing construction or permanent financing, under terms and
conditions reasonably acceptable to the Authority. An agreement to subordinate this Agreement must be
approved by the Board of the Authority.
Section 7.4. Termination. All the provisions of this Article VII shall terminate with respect to the
Minimum Improvements, upon delivery of the Certificate of Completion for the Minimum Improvements.
The Developer or any successor in interest to the Minimum Improvements or portion thereof, may sell or
engage in financing or any other transaction creating a mortgage or encumbrance or lien on the Minimum
Improvements or any portion thereof for which a Certificate of Completion has been obtained, without
obtaining prior written approval of the Authority, provided that such sale, financing or other transaction
creating a mortgage or encumbrance shall not be deemed as resulting in any subordination of the Authority’s
rights under this Agreement unless the Authority expressly consents to such a subordination.
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ARTICLE VIII
Prohibitions against Assignment and Transfer; Indemnification
Section 8.1. Representation as to Development. The Developer represents and agrees that its
purchase of the Development Property, and its other undertakings pursuant to the Agreement, are, and will be
used, for the purpose of development of the Development Property and not for speculation in land holding.
Section 8.2. Prohibition against Developer’s Transfer of Property and Assignment of Agreement.
The Developer represents and agrees that prior to issuance of the Certificate of Completion for the Minimum
Improvements:
(a) Except only by way of security for, and only for, the purpose of obtaining financing
necessary to enable the Developer or any successor in interest to the Development Property, or any part
thereof, to perform its obligations with respect to constructing the Minimum Improvements under this
Agreement, and any other purpose authorized by this Agreement, the Developer has not made or created and
will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or
lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the
Development Property or any part thereof or any interest therein, or any contract or agreement to do any of
the same (except a lease to a residential occupant, a license, easement or similar arrangement entered into in
the ordinary course of business, or transfers of partnership interests in the Developer, or its successors or
assigns, pursuant to the Developer’s (or its successors and assigns’) organization documents (including an
amended and restated agreement of limited partnership)), without the prior written approval of the Authority
unless the Developer remains liable and bound by this Agreement in which event the Authority’s approval is
not required. Any such transfer shall be subject to the provisions of this Agreement.
(b) In the event the Developer, upon transfer or assignment of the Development Property seeks
to be released from its obligations under this Agreement, the Authority shall be entitled to require, except as
otherwise provided in this Agreement, as conditions to any such release that:
(i) Any proposed transferee shall have the qualifications and financial responsibility, in
the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations
undertaken in this Agreement by the Developer.
(ii) Any proposed transferee, by instrument in writing satisfactory to the Authority and
in form recordable among the land records, shall, for itself and its successors and assigns, and
expressly for the benefit of the Authority, have expressly assumed all of the obligations of the
Developer under this Agreement and agreed to be subject to all the conditions and restrictions to
which the Developer is subject; provided, however, that the fact that any transferee of, or any other
successor in interest whatsoever to, the Development Property, or any part thereof, shall not, for
whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the
extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority)
deprive the Authority of any rights or remedies or controls with respect to the Development Property
or any part thereof or the construction of the Minimum Improvements; it being the intent of the
parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and
excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no
transfer of, or change with respect to, ownership in the Development Property or any part thereof, or
any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall
operate, legally or practically, to deprive or limit the Authority of or with respect to any rights or
remedies on controls provided in or resulting from this Agreement with respect to the Minimum
19
Improvements that the Authority would have had, had there been no such transfer or change. In the
absence of specific written agreement by the Authority to the contrary, no such transfer or approval
by the Authority thereof shall be deemed to relieve the Developer or any other party bound in any
way by this Agreement or otherwise with respect to the construction of the Minimum Improvements,
from any of its obligations with respect thereto.
(iii) Any and all instruments and other legal documents involved in effecting the transfer
of any interest in this Agreement or the Development Property governed by this Article VIII, shall be
in a form reasonably satisfactory to the Authority.
In the event the foregoing conditions are satisfied then the Developer shall be released from its obligation
under this Agreement.
After issuance of the Certificate of Completion for the Minimum Improvements, the Developer may
transfer or assign the Development Property or the Developer’s interest in this Agreement if it obtains the
prior written consent of the Authority (which consent will not be unreasonably withheld) and the transferee or
assignee is bound by all the Developer’s obligations hereunder. The Developer shall submit to the Authority
written evidence of any such transfer or assignment, including the transferee or assignee’s express
assumption of the Developer’s obligations under this Agreement. If the Developer fails to provide such
evidence of transfer and assumption, the Developer shall remain bound by all its obligations under this
Agreement.
Notwithstanding anything to the contrary contained herein, the Developer may assign the rights and
obligations under this Agreement to an affiliate of the Developer without the written consent of the Authority.
Section 8.3. Release and Indemnification Covenants.
(a) The Developer releases from and covenants and agrees that the Authority and its governing
body members, officers, agents, servants and employees thereof shall not be liable for and agrees to
indemnify and hold harmless the Authority and its respective governing body members, officers, agents,
servants and employees thereof against any loss or damage to 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, gross negligence or any willful or wanton
misconduct of the Authority, or its board members, officers, agents or employees, the Developer agrees to
protect and defend the Authority and its 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, maintenance and operation of the Minimum Improvements. As to any willful misrepresentation,
gross negligence or any willful or wanton misconduct of the Authority, or its board members, officers, agents
or employees, the Authority agrees to protect and defend the Developer, its officers, agents, servants and
employees and hold the same harmless from any such proceedings.
(c) The Authority and its 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 Developer or its officers,
agents, servants or employees or any other person who may be about the Development Property or Minimum
Improvements due to any act of negligence of any other person.
(d) All covenants, stipulations, promises, agreements and obligations of the Authority contained
herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the
20
Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the
individual capacity thereof.
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21
ARTICLE IX
Events of Default
Section 9.1. Events of Default. The following will be “Events of Default” under this Agreement and
the term “Event of Default” means, whenever it is used in this Agreement, any one or more of the following
events, after the non-defaulting party provides sixty (60) days’ written notice to the defaulting party of the
event, but only if the event has not been cured within said sixty (60) days or, if the event is by its nature
incurable within sixty (60) days, the defaulting party does not, within the sixty (60) day period, provide
assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will
be cured as soon as reasonably possible:
(a) The failure by the Developer or the Authority to observe or perform any covenant,
condition, obligation, or agreement on its part to be observed or performed under this Agreement;
(b) The Developer:
(i) files any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United States
Bankruptcy Act or under any similar federal or State law;
(ii) makes an assignment for benefit of its creditors;
(iii) fails to pay real estate taxes on the Development Property or the Minimum
Improvements as they become due;
(iv) admits in writing its inability to pay its debts generally as they become due; or
(v) is adjudicated as bankrupt or insolvent.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 hereof
occurs, the non-defaulting party may exercise its rights under this Section 9.2 after providing sixty (60) days
written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been
cured within said sixty (60) days or, if the Event of Default is by its nature incurable within sixty (60) days,
the defaulting party does not provide assurances reasonably satisfactory to the non-defaulting party that the
Event of Default will be cured and will be cured as soon as reasonably possible:
(a) Suspend its performance under the Agreement until it receives assurances that the defaulting
party will cure its default and continue its performance under the Agreement.
(b) Cancel and rescind or terminate the Agreement.
(c) Take whatever action, including legal, equitable or administrative action, which may appear
necessary or desirable to collect any payments due under this Agreement, or to enforce performance and
observance of any obligation, agreement, or covenant under this Agreement.
Section 9.3. [Reserved].
Section 9.4. Revesting Title in Authority upon Happening of Event Subsequent to Conveyance to
Developer. In the event that subsequent to conveyance of the Development Property to the Developer and
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prior to Developer satisfying the conditions for receipt by the Developer of the Certificate of Completion for
the Minimum Improvements, the Developer, subject to Unavoidable Delays, fails to commence or complete
construction of the Minimum Improvements by the dates specified in Section 4.3 hereof, and such failure to
commence or complete is not cured within ninety (90) days (or such longer amount of time agreed to by the
Authority) after written notice from the Authority to the Developer to do so; then the Authority shall have the
right to re-enter and take possession of the Development Property and to terminate and revest in the Authority
the Development Property, it being the intent of this provision, together with other provisions of the
Agreement, that the conveyance of the Development Property to the Developer shall be made upon, and that
the deeds shall contain a condition subsequent to the effect that in the event of any default on the part of the
Developer in performance of the obligations specified in this Section 9.4 and failure on the part of the
Developer to remedy, end, or abrogate such default within the period and in the manner stated in this Section,
the Authority at its option may declare a termination in favor of the Authority of the title, and of all the rights
and interests in and to the Development Property and that such title and all rights and interests of the
Developer, and any assigns or successors in interest to and in the Development Property, shall revert to the
Authority, as applicable, but only if the events stated in this Section have not been cured within the time
periods provided above. Any agreement to subordinate this Agreement to the Holder of any Mortgage
pursuant to Section 7.3 shall also subordinate the Authority’s rights granted in this Section 9.4.
Section 9.5. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the
Authority of title to and/or possession of the Development Property, the Authority shall, pursuant to their
responsibilities under law, use their best efforts to sell the Development Property and in such manner as the
Authority to a qualified and responsible party or parties (as determined by the Authority) who will assume the
obligation of making or completing the Minimum Improvements or such other improvements in their stead as
shall be satisfactory to the Authority in accordance with the uses specified for the Development Property in
this Agreement. During any time while the Authority has title to and/or possession of a parcel of property
obtained by reverter, the Authority will not disturb the rights of any tenants under any leases encumbering
such parcel. Upon resale of the Development Property, the proceeds thereof shall be applied:
(a) First, to reimburse the Authority for all costs and expenses incurred by them, including but
not limited to salaries of personnel, in connection with the recapture, management, and resale of the
Development Property (but less any income derived by the Authority from the property or part thereof in
connection with such management); all taxes, assessments, and water and sewer charges with respect to the
Development Property or part thereof (or, in the event the Development Property is exempt from taxation or
assessment or such charge during the period of ownership thereof by the Authority, an amount, if paid, equal
to such taxes, assessments, or charges (as determined by the Authority assessing official) as would have been
payable if the Development Property were not so exempt); any payments made or necessary to be made to
discharge any encumbrances or liens existing on the Development Property, or part thereof at the time of
revesting of title thereto in the Authority, or to discharge or prevent from attaching or being made any
subsequent encumbrances or liens due to obligations, defaults or acts of the Developer, its successors or
transferees; any expenditures made or obligations incurred with respect to the making or completion of the
subject improvements or any part thereof on the Development Property; and any amounts otherwise owing
the Authority by the Developer and its successor or transferee; and
(b) Second, to reimburse the Developer, its successor or transferee, up to the amount equal to
the portion of the Development Property Purchase Price paid by the Developer under Section 3.2 hereof and
the amount actually invested by it in making any of the subject improvements on the Development Property
or part thereof, less any gains or income withdrawn or made by it from the Agreement or the Development
Property.
Any balance remaining after such reimbursements shall be retained by the Authority as its property.
23
Section 9.6. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority
or the Developer is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement
or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a waiver
thereof, but any such right and power may be exercised from time to time and as often as may be deemed
expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to
give notice, other than the notices already required in Section 9.2 hereof.
Section 9.7. No Additional Waiver Implied by One Waiver. In the event any agreement contained
in this Agreement should be breached by either party and thereafter waived by the other party, such waiver
shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent,
previous or subsequent breach hereunder.
Section 9.8. Attorney Fees and Costs. Whenever any Event of Default occurs and if the Authority
employs attorneys or incur other expenses for the collection of payments due or to become due or for the
enforcement of performance or observance of any obligation or agreement on the part of the Developer under
this Agreement, and the Authority prevails in the action, the Developer agrees that it will, within ten days of
written demand by the Authority, pay to the Authority the reasonable fees of the attorneys and the other
expenses so incurred by the Authority.
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24
ARTICLE X
Additional Provisions
Section 10.1. Conflict of Interests; Authority Representatives Not Individually Liable. The
Authority and the Developer, to the best of their respective knowledge, represent and agree that no member,
official, or employee of the Authority 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 shall be personally liable
to the Developer, or any successor in interest, in the event of any default or breach by the Authority or
County or for any amount which may become due to the Developer or successor or on any obligations under
the terms of the Agreement.
Section 10.2. Equal Employment Opportunity. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it
will comply with all applicable federal, state and local equal employment and non-discrimination laws and
regulations.
Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Termination Date, the
Developer, and such successors and assigns, shall use the Development Property solely for the development
of multifamily housing in accordance with the terms of this Agreement, and shall not discriminate upon the
basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the
Development Property or any improvements erected or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Merged with Deed. None of the provisions of this Agreement are
intended to or shall be merged by reason of any deed transferring any interest in the Development Property
and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement.
Section 10.5. 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 10.6. 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 Developer, is addressed to or delivered personally to the Developer at 7645
Lyndale Avenue South, Minneapolis, MN 55423, Attn: Christopher J. Stokka with a copy to Winthrop &
Weinstine, P.A., 225 South Sixth Street, Suite 3500, Minneapolis, MN 55402, Attn: Jeffrey Koerselman;
(b) in the case of the Authority, is addressed to or delivered personally to the Authority at
6700 Portland Avenue South, Richfield, MN 55423, Attn: Community Development Director;
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 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall constitute one and the same instrument.
25
Section 10.8. Recording. The Authority may record a memorandum of this Agreement and any
amendments thereto with the County Recorder or the Registrar of Titles, as the case may be, of the County.
The Developer shall pay all costs for recording.
Section 10.9. Amendment. This Agreement may be amended only by written agreement approved
by the Authority and the Developer. The Authority and the Developer agree to amend this Agreement upon
terms acceptable to both parties, as may be required by the Developer’s tax credit investor and lenders in
connection with the construction of the Minimum Improvements.
Section 10.10. Termination. This Agreement terminates on the Termination Date, except that such
termination does not terminate, limit, or affect the rights of any party that arise before the Termination Date.
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S-1
IN WITNESS WHEREOF, the Authority has caused this Contract for Private Development to be
duly executed in its name and behalf and the Developer has caused this Contract for Private Development to
be duly executed in its name and behalf as of the date and year first written above.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______________, 2019, by Mary
Supple, the Chair of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota,
on behalf of the Authority.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______________, 2019, by John Stark,
the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota, on behalf of the Authority.
Notary Public
S-2
MWF PROPERTIES, LLC
By Christopher J. Stokka
Its Vice President
STATE OF MINNESOTA )
) SS.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _________________, 2019, by
Christopher J. Stokka, the Vice President of MWF Properties, LLC, a Minnesota limited liability company,
on behalf of the Developer.
Notary Public
A-1
EXHIBIT A
DEVELOPMENT PROPERTY
Lot 6, Block 4, “R.C. Soens Addition,” according to the recorded plat thereof, Hennepin County, Minnesota.
B-1
EXHIBIT B
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that MWF Properties, LLC, a Minnesota limited liability company
(the “Developer”), has fully complied with its obligations under Articles III and IV of that document titled
“Contract for Private Development,” dated ________________, 2019 (the “Agreement”), between the
Housing and Redevelopment Authority in and for the City of Richfield, Minnesota and the Developer, a
memorandum of which was recorded in the Office of [County Recorder] [Registrar of Titles] of Hennepin
County, Minnesota on __________________, 2019, as Document No. ______________________, with
respect to construction of the Minimum Improvements in accordance with Article IV of the Agreement,
and that the Developer is released and forever discharged from its obligations with respect to construction
of the Minimum Improvements under Articles III and IV of the Agreement.
Dated: _______________, 20___.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA
By
Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______________, 20__, by
_________________, the Executive Director of the Housing and Redevelopment Authority in and for the
City of Richfield, Minnesota, on behalf of the Authority.
Notary Public
C-1
EXHIBIT C
FORM OF DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this “Declaration”) dated
___________, 2019, by MWF PROPERTIES, LLC, a Minnesota limited liability company (the
“Developer”), is given to the HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF RICHFIELD, MINNESOTA, a public body corporate and politic under the laws of the State of
Minnesota (the “Authority”).
RECITALS
WHEREAS, the Authority entered into that certain Contract for Private Development, dated
____________, 2019, filed _____________, 20____ in the Office of the [County Recorder] [Registrar of
Titles] of Hennepin County as Document No. _________ (the “Contract”), between the Authority and the
Developer; and
WHEREAS, pursuant to the Contract, the Developer is obligated to cause construction of 55 units of
workforce rental housing, including 4 to 6 units for people with disabilities, accompanied by supportive
services, on the property described in EXHIBIT A attached hereto (the “Property”), and to cause compliance
with certain affordability covenants described in Section 4.5 of the Contract; and
WHEREAS, Section 4.5 of the Contract requires that the Developer cause to be executed an
instrument in recordable form substantially reflecting the covenants set forth in Section 4.5 of the Contract;
and
WHEREAS, the Developer intends, declares, and covenants that the restrictive covenants set forth
herein shall be and are covenants running with the Property for the term described herein and binding upon
all subsequent owners of the Property for such term, and are not merely personal covenants of the Developer;
and
WHEREAS, capitalized terms in this Declaration have the meaning provided in the Contract unless
otherwise defined herein.
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and of
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer
agrees as follows:
1. Term of Restrictions.
(a) Occupancy Restrictions. The term of the Occupancy Restrictions set forth in Section 3
hereof shall commence at the end of the first taxable year of the credit period for the Property under the Tax
Credit Law for all rental units on the Property. The period from commencement to termination is the
“Qualified Project Period.”
(b) Termination of Declaration. This Declaration shall terminate upon the date that is thirty (30)
years after the commencement of the Qualified Project Period.
C-2
(c) Removal from Real Estate Records. Upon termination of this Declaration, the Authority
shall, upon request by the Developer or its assigns, file any document appropriate to remove this Declaration
from the real estate records of Hennepin County, Minnesota.
2. Project Restrictions.
(a) The Developer represents, warrants, and covenants that:
(i) All leases of units to Qualifying Tenants (as defined in Section 3(a)(i) hereof) shall
contain clauses, among others, wherein each individual lessee:
(1) Certifies the accuracy of the statements made in its application and
Eligibility Certification (as defined in Section 3(a)(ii) hereof); and
(2) Agrees that the family income at the time the lease is executed shall be
deemed substantial and material obligation of the lessee’s tenancy, that the lessee will
comply promptly with all requests for income and other information relevant to determining
low or moderate income status from the Developer or the Authority, and that the lessee’s
failure or refusal to comply with a request for information with respect thereto shall be
deemed a violation of a substantial obligation of the lessee’s tenancy.
(ii) The Developer shall permit any duly authorized representative of the Authority to
inspect the books and records of the Developer pertaining to the income of Qualifying Tenants
residing in the Project.
3. Occupancy Restrictions.
(a) Tenant Income Provisions. The Developer represents, warrants, and covenants that:
(i) Qualifying Tenants. Recent Federal legislation has introduced an income-averaging
option for the low-income housing tax credit program. This legislation allows projects to accept
residents with higher average median incomes as along as the overall average of the income of
tenants in the project does not exceed sixty percent (60%) of the area median income, which provides
LIHTC projects the ability to serve tenants with a greater range of incomes (“Income Averaging”).
The Minnesota Housing Finance Agency allows Income Averaging for the low-income housing tax
credit program to be used for the Minimum Improvements (as defined in the Contract). From the
commencement of the Qualified Project Period, one hundred percent (100%) of the Rental Housing
Units shall be occupied (or treated as occupied as provided herein) or held vacant and available for
occupancy by Qualifying Tenants. Qualifying Tenants shall mean those persons and families who
shall be determined from time to time by the Developer to have combined adjusted income that does
not exceed sixty percent (60%) of the Minneapolis-St. Paul metropolitan statistical area (the “Metro
Area”) median income for the applicable calendar year, or such other income level in connection
with any Income Averaging so long as the overall average of the income of tenants of the Rental
Housing Units shall not exceed sixty percent (60%) of the Metro Area median income. For purposes
of this definition, the occupants of a residential unit shall not be deemed to be Qualifying Tenants if
all the occupants of such residential unit at any time are “students,” as defined in Section 151(c)(4) of
the Internal Revenue Code of 1986, as amended (the “Code”), not entitled to an exemption under the
Code. The determination of whether an individual or family is of low or moderate income shall be
made at the time the tenancy commences and on an ongoing basis thereafter, determined at least
annually. If during their tenancy a Qualifying Tenant’s income exceeds one hundred forty percent
(140%) of the maximum income qualifying as low or moderate income for a family of its size, the
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next available unit (determined in accordance with the Code and applicable regulations) (the “Next
Available Unit Rule”) must be leased to a Qualifying Tenant or held vacant and available for
occupancy by a Qualifying Tenant. If the Next Available Unit Rule is violated, the Rental Housing
Unit will not continue to be treated as a Qualifying Unit. The annual recertification and Next
Available Unit Rule requirements of this paragraph 3(a)(i) shall not apply to a given year if, during
such year, no residential unit in the Project is occupied by a new resident whose income exceeds the
applicable income limit for Low Income Tenants.
(ii) Certification of Tenant Eligibility. As a condition to initial and continuing
occupancy, each person who is intended to be a Qualifying Tenant shall be required annually to sign
and deliver to the Developer a form entitled “Tenant Income Certification” from the Minnesota
Housing Finance Agency (MHFA HTC Form 14), or if unavailable, any similar form (the
“Eligibility Certification”), in which the prospective Qualifying Tenant certifies as to qualifying as
low or moderate income. In addition, such person shall be required to provide whatever other
information, documents, or certifications are deemed necessary by the Authority to substantiate the
Eligibility Certification, on an ongoing annual basis, and to verify that such tenant continues to be a
Qualifying Tenant within the meaning of Section 3(a)(i) hereof. Eligibility Certifications will be
maintained on file by the Developer with respect to each Qualifying Tenant who resides in a Project
unit or resided therein during the immediately preceding calendar year.
(iii) Lease. The form of lease to be utilized by the Developer in renting any units in the
Project to any person who is intended to be a Qualifying Tenant shall provide for termination of the
lease and consent by such person to immediate eviction for failure to qualify as a Qualifying Tenant
as a result of any material misrepresentation made by such person with respect to the Eligibility
Certification.
(iv) Annual Report. The Developer covenants and agrees that during the term of this
Declaration, it will prepare and submit to the Authority on or before April 1 of each year the
Eligibility Certification.
(v) Notice of Non-Compliance. The Developer will immediately notify the Authority if
at any time during the term of this Declaration the dwelling units in the Project are not occupied or
available for occupancy as required by the terms of this Declaration.
(b) Section 8 Housing. During the term of this Declaration, the Developer shall not adopt any
policies specifically prohibiting or excluding rental to tenants holding certificates/vouchers under Section 8 of
the United States Housing Act of 1937, as amended, codified as 42 U.S.C. Sections 1401 et seq., or its
successor, because of such prospective tenant’s status as such a certificate/voucher holder.
4. Reserved.
5. Transfer Restrictions. The Developer covenants and agrees that the Developer will cause or
require as a condition precedent to any transfer that the transferee of the Project pursuant to the Transfer
assume in writing, in a form acceptable to the Authority, all duties and obligations of the Developer under
this Declaration, including this Section 5, in the event of a subsequent transfer by the transferee prior to
expiration of the Occupancy Restrictions provided herein (the “Assumption Agreement”). The Developer
shall deliver the Assumption Agreement to the Authority prior to the transfer.
6. Reserved.
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7. Enforcement.
(a) The Developer shall permit, during normal business hours and upon reasonable notice, any
duly authorized representative of the Authority to inspect any books and records of the Developer regarding
the Project with respect to the incomes of Qualifying Tenants.
(b) The Developer shall submit any other information, documents or certifications requested by
the Authority which the Authority deems reasonably necessary to substantial continuing compliance with the
provisions specified in this Declaration.
(c) The Developer acknowledges that the primary purpose for requiring compliance by the
Developer with the restrictions provided in this Declaration is to ensure compliance of the property with the
housing affordability covenants set forth in Section 4.5 of the Contract, and by reason thereof, the Developer,
in consideration for assistance provided by the Authority under the Contract that makes possible the
construction of the Minimum Improvements (as defined in the Contract) on the Property, hereby agrees and
consents that the Authority shall be entitled, upon any breach of the provisions of this Declaration and the
Developer’s failure to cure such breach within the cure periods described in Section 9.1 of the Contract, and
in addition to all other remedies provided by law or in equity, to enforce specific performance by the
Developer of its obligations under this Declaration in a state court of competent jurisdiction. The Developer
hereby further specifically acknowledges that the Authority cannot be adequately compensated by monetary
damages in the event of any default hereunder.
(d) The Developer understands and acknowledges that, in addition to any remedy set forth
herein for failure to comply with the restrictions set forth in this Declaration, the Authority may exercise any
remedy available to it under Article IX of the Contract.
8. Indemnification. The Developer hereby indemnifies, and agrees to defend and hold
harmless, the Authority from and against all liabilities, losses, damages, costs, expenses (including reasonable
attorneys’ fees and expenses), causes of action, suits, allegations, claims, demands, and judgments of any
nature arising from the consequences of a legal or administrative proceeding or action brought against them,
or any of them, on account of any failure by the Developer to comply with the terms of this Declaration, or on
account of any representation or warranty of the Developer contained herein being untrue.
9. Agent of the Authority. Upon any default hereunder, after first providing the Developer
with a reasonable amount of time to cure such default, the Authority shall have the right to appoint an agent
to carry out any of its duties and obligations hereunder, and shall inform the Developer of any such agency
appointment by written notice.
10. Severability. The invalidity of any clause, part or provision of this Declaration shall not
affect the validity of the remaining portions thereof.
11. Notices. All notices to be given pursuant to this Declaration shall be in writing and shall be
deemed given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the
addresses set forth below, or to such other place as a party may from time to time designate in writing. The
Developer and the Authority may, by notice given hereunder, designate any further or different addresses to
which subsequent notices, certificates, or other communications shall be sent. The initial addresses for
notices and other communications are as follows:
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To the Authority: Housing and Redevelopment Authority in and for
the City of Richfield
6700 Portland Avenue
Richfield, MN 55423
Attention: Community Development Director
To the Developer: MWF Properties, LLC
7645 Lyndale Avenue South
Minneapolis, MN 55423
Attn: Christopher J. Stokka
with a copy to: Winthrop & Weinstine, P.A.
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
Attn: Jeffrey Koerselman
12. Governing Law. This Declaration shall be governed by the laws of the State of Minnesota
and, where applicable, the laws of the United States of America.
13. Attorneys’ Fees. In case any action at law or in equity, including an action for declaratory
relief, is brought against the Developer to enforce the provisions of this Declaration, the Developer agrees to
pay the reasonable attorneys’ fees and other reasonable expenses paid or incurred by the Authority in
connection with such action.
14. Declaration Binding. This Declaration and the covenants contained herein shall run with the
real property comprising the Project and shall bind the Developer and its successors and assigns and all
subsequent owners of the Project or any interest therein, and the benefits shall inure to the Authority and its
successors and assigns for the term of this Declaration as provided in Section 1(b) hereof.
15. Relationship to Tax Credit Law Requirements. Notwithstanding anything to the contrary,
during any period while at least 55 units in the Property are subject to income and rent limitations under the
Tax Credit Law, evidence of compliance with such Tax Credit Law requirements filed with the Authority at
least annually will satisfy any requirements otherwise imposed under this Declaration.
16. Notice of Sale. The Developer agrees to provide the Authority with at least ninety (90)
days’ notice of any sale of the Project.
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IN WITNESS WHEREOF, the Developer has caused this Declaration of Restrictive Covenants to be
signed by its respective duly authorized representatives, as of the day and year first written above.
MWF PROPERTIES, LLC
By Christopher J. Stokka
Its Vice President
STATE OF MINNESOTA )
) SS.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _________________, 2019, by
Christopher J. Stokka, the Vice President of MWF Properties, LLC, a Minnesota limited liability company,
on behalf of the Developer.
Notary Public
This document was drafted by:
KENNEDY & GRAVEN, CHARTERED (JAE)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
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This Declaration is acknowledged and consented to by:
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA
By
Its Chair
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______________, 2019, by Mary
Supple, the Chair of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota,
on behalf of the Authority.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _______________, 2019, by John Stark,
the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota, on behalf of the Authority.
Notary Public
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EXHIBIT A TO DECLARATION OF RESTRICTIVE COVENANTS
LEGAL DESCRIPTION
Lot 6, Block 4, “R.C. Soens Addition,” according to the recorded plat thereof, Hennepin County, Minnesota.
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EXHIBIT D
FORM OF MINIMUM ASSESSMENT AGREEMENT
THIS MINIMUM ASSESSMENT AGREEMENT, made on or as of the ___ day of __________,
2019 (the “Minimum Assessment Agreement”), is by and between the HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF RICHFIELD, MINNESOTA, a public
body corporate and politic under the laws of the State of Minnesota (the “Authority”), and MWF
PROPERTIES, LLC, a Minnesota limited liability company (the “Developer”).
WITNESSETH,
WHEREAS, the Authority and the Developer have entered into that certain Contract for Private
Development, dated _________, 2019 (the “Contract”), regarding the acquisition of property, the
construction of a multifamily housing development with approximately 55 units of workforce housing,
including 4 to 6 units of housing for people with disabilities, accompanied by supportive services (the
“Minimum Improvements”) to be constructed on property legally described in Exhibit A (the “Development
Property”); and
WHEREAS, the Authority and the Developer desire to establish a minimum market value for the
Development Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota
Statutes, Section 469.177, subdivision 8; and
WHEREAS, the Authority and the County Assessor (the “Assessor”) have reviewed the preliminary
plans and specifications for the Minimum Improvements and have inspected such improvements;
NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the
promises, covenants and agreements made by each to the other, do hereby agree as follows:
1. All capitalized terms used herein and not otherwise defined have the definition given such
terms in the Contract.
2. The minimum market value which shall be assessed for ad valorem tax purposes for the
Development Property, together with the Minimum Improvements constructed thereon, shall not be less than
$7,590,000 as of January 2, 2022 [or January 2, 2023 if tax credit application is postponed one year],
notwithstanding the progress of construction by such date.
3. The minimum market value herein established shall be of no further force and effect and this
Minimum Assessment Agreement shall terminate on the Termination Date. The Authority shall execute a
certificate or affidavit upon the occurrence of a termination event referred to in this Section 3 indicating that
this Minimum Assessment Agreement has terminated and shall supply such certificate to the Developer for
recording. Notwithstanding anything to the contrary in this Minimum Assessment Agreement or in the
Contract, this Minimum Assessment Agreement shall not terminate prior to the payment in full of
Development Property Purchase Price.
4. This Minimum Assessment Agreement shall be promptly recorded by the Authority. The
Developer shall pay all costs of recording.
5. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended
to, nor shall they be construed as, modifying the terms of the Contract.
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6. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
7. Each of the parties has authority to enter into this Minimum Assessment Agreement and to
take all actions required of it, and has taken all actions necessary to authorize the execution and delivery of
this Minimum Assessment Agreement.
8. In the event any provision of this Minimum Assessment Agreement shall be held invalid and
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
9. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver,
or cause to be executed, acknowledged and delivered, such supplements, amendments and modifications
hereto, and such further instruments as may reasonably be required for correcting any inadequate, or
incorrect, or amended description of the Development Property or the Minimum Improvements or for
carrying out the expressed intention of this Minimum Assessment Agreement.
10. This Minimum Assessment Agreement may not be amended nor any of its terms modified
except by a writing authorized and executed by all parties hereto.
11. This Minimum Assessment Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
12. This Minimum Assessment Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
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IN WITNESS WHEREOF, the Authority and the Developer have caused this Minimum Assessment
Agreement to be executed in their respective corporate names by their duly authorized officers, all as of the
date and year first written above.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD,
MINNESOTA
By
Its Chairperson
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____________, 20__, by Mary B.
Supple, the Chairperson of the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____________, 20___, by John Stark,
the Executive Director of the Housing and Redevelopment Authority in and for the City of Richfield,
Minnesota, on behalf of the Authority.
Notary Public
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Signature page of the Developer to the Minimum Assessment Agreement, dated as of the date and
year first written above.
MWF PROPERTIES, LLC
By Christopher J. Stokka
Its Vice President
STATE OF MINNESOTA )
) SS.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _________________, 2019, by
Christopher J. Stokka, the Vice President of MWF Properties, LLC, a Minnesota limited liability company,
on behalf of the Developer.
Notary Public
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CERTIFICATION BY COUNTY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to be
constructed and the market value assigned to the land upon which the improvements are to be constructed,
hereby certifies as follows: the undersigned Assessor, being legally responsible for the assessment of the
above described property, hereby certifies that the market values assigned to the land and improvements are
reasonable.
ASSESSOR FOR HENNEPIN COUNTY
By
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of ______________, 20__, by
_________________, the County Assessor of Hennepin County.
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
Lot 6, Block 4, “R.C. Soens Addition,” according to the recorded plat thereof, Hennepin County, Minnesota.