HomeMy WebLinkAbout6B, Public Hearing Proposed TIF District Resolution 2010-081, -082 & -083�
EN HILLS
Request for Council Action
P�epared By: Sue Iversoz�, Director of Finance and Council Meeting Date: December 13, 20I0
Administrative Services
Public Hearing Proposed TIF Distr�cf — Presbyterian Hames Redevelapmen�
Budgeted Amount: Actual Amount: Funding Source:
N/A N/A N/A
Recommendation:
I. Motio� to ado�� Resolution 2010-OSl, a resolutior� approving contract �or private
development and awarding the sale of, and providing the form, terms, covenants
and directions for the issuance of its $1,115,000 Tax I�crement Revenae Note.
2. Motio� to adopt Resole�#ion 2010-082, a resolution adoptiug a rn�di�cation to the
Development Program for Development District Na. 1; and �stablishing Tax
Inerement Financing District No. 4 therein and adapting a Tax Increment Finance
Plan therefor.
3. Motipn to ado�rt Resolution 20� 0-083, a resolutioa� a�a�ho�ezing �re �nterfunt� loa�a fmr
advance of certain cos#s in connection with Taat Increment Financing District No. 4.
Supportin� Doc[�men�ts:
1. Memo from Sue Iverson, dated December 13, 2010
2. Tax Increment Financing District Overview
3. Resolution 2010-0$1
4. Contract for Development
5. Resalution 2014-082
6. Modification to the Development Program for Development Districi No. 1
7. Tax Increm�nt Financir�g Plan for District No. 4
8. Resolution 2010-083
�
EN H�LLS
MEMURANDUM
DATE: 4ctober 25, 2010
TO: Honorable Mayor and Ci�r Council
Patrick Klaers, City Administrator
Jill Hutmacher, Cornrn�ty Developzx�.ent Director
FROM: Sue Iverson, Director of Finance and Adminis�rative Se�rvices
SUBJECT: Public Hearing Proposed TIF District — Presbyierian Homes Redeveloptnent
Background/Discussion :
Presbyterian Homes has approached the city ahout its proposed redeveIop:rnent of portions of their
facili�ies on their existing site. As a part of this redevelopment, the possibiIity of relocating the Arden
Hills library to this site is aiso being explored. Presbyterian Ho�nes is inquiring about the possibiIity of
the City to offset some of t�e costs associated with this r�development by providing Tax Increment
Financing (TIF}.
Presbyterian Homes has completed �e required appIications and paid ihe required fees and escrow
deposits. At the A�gust 30, 2010 City Council meeting, the City Council callad �or a�'ublic Hearing to
be held on October 25, 201 D. However, due to the timing required to complete all necessary steps to
prepare the proposed Modification to the DeveIopment Program for Developtr.�ent Distxict No. 1 and the
proposed adoption of a T� Increznent Financing Plan %r T� Increment Financing District No. 4 the
laearing date was changed to December 13, 2U10.
Discussion:
The City Council will hold a public hearing at the me�ting on December �3, 2010. Jill Hutmacher,
Community D�velopment Director, and Stacie Kvilvang, Ehlers & Associates, will prese�nt t�is item and
answer any q�zestions. A suraazr�ary overview of the Tax Financing District is attached.
After that meeting, the City Cauncil will co�sider the request from Presbyterian Hornes. If that request is
grantad, action wauld be requiced to modify the d�velopment program for Development District No. 1
and establish Taac Inerement Financing District No. 4 within Development District No.l and adopt the
Tax Increment Financing Plan,
As part of the process, the City Council will also approve the Development Contract between the City and
Presbyterian Hornes. Finally, staff asks that the City Council approve an interfund �aan to advance
money from the PIR Fund to finance quali�ed costs an.d be reitnbursed from the tax increments derived
fram the T� Increment Disirict.
Memo
Ciiy Council
Pu�lic Hearing Praposed TI� District - Presbyterian Homes Redevelopment
2
Staff Recommendation:
1. Adopt Resolution 2010-081, a resoiution approvin.g con.#rac# for private development and
awarding the sale of, and providing the %rm, te�cns, covenants and directions for the issuance of
its $ l, l I5,000 Tax Increment Revenue Note.
2. Adopt Resolution 2010-082, a resolution adapting a modification to the Develapment Program
for Development District No. 1; and establishing Taac Increment Financing District No. 4 therein
and adopting a Tax Increment Finance Plan therefor.
3. Adopt Resolu#ion 2010-083, a resolutian authorizing an interfund loan for advanc� of certain
costs in connection with T� Increment Financing District No, 4.
Attachment A
Tax Increment Financing
District �verview
Tax Increment Financing District O�erview
Cify of Arden Hills
Tax Increment Financing District No. 4
The Following summary contains an overvi�w o� the basic elements of the Tax Increment Financing Plan
for Tax Incre�nent Financing District No. �. Mare detaiied information on each of these topics can be
faund in the cornplete TaaL Increment Financing Plan.
Proposed act�on: Establishment of Tax Increment Financing Distric� No. 4(the "District") and
the adoptian of a Tax Increment Financing Plan {the "Tg' Plan").
Modification to the Development Program for Devetopment Dis�irict No. 1
includes the establishment of Tax Increment Financing Distrzct No. 4 and the
modificatian of the baundaries of Deve�opment District No. 1, to include al1
parceIs and adjac�nt rights-of-way Iocated south of Highway 10 and Highway
96 and t�e parcels and adjacent rights-�f way located within the corporate
boundaries on the east, west and south which represents a continuation of the
goals and abjectives set forth in th� Development Program for Development
District No. 1.
T e of TIF Dis�rict: A renewai and renovation district
Parcel Nunnbers: 33-30-23-43-0023 33-30-23-43-0003
Proposed The Dis�rict is being created to Facilitate the redevelopment of the existing
Deveiop�nent: senior housing units owned by Presbyterian Hames, exclusive of the existing
nursing home units which wilI remain. Presbyierian Homes intends to replace
these units with approxirnately 202 new units, consisting of 166 senior
apartments and 36 brownstone units, in the City. Please see Appendix A of
_ the TIF Plan for a rnore detailed proj�ct description.
Maximum duration: The duration ai �he District will be 15 years from ""." .'_....,.._
the date of receipt of the
first inerement (16 years o� increz�aent}. The City eIects to receive the first tax
incret�ent in 2014, which is no later than four years following the year of
approval of the District. It is estimated that the District, including any
modifications of the TIF Plan t'or subsequent phases or other changes, would
terminaie after December 31, 2029, or when the TIF PIan is satisfied.
Estimatec� annual tax Up to $321,779
increment:
Fiscal Disparities
Electio� The Ci is calculatin fiscal dis arities b clause b(inside the District .
EHLERS
IEARERS IN Pll6LIG FtNANCE
Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that
may be expended:
LandlBuilding Acquisition ............... $100,000
.....................................
Site Improvements/Preparation .......................................... $1,800,000
Public LTtilities ....................................................................... $400,000
Streets and Sidewalks ............................................................ $177,289
Administrative Costs (up to 10%) ......................................... 367 801
PROJECT COSTS TOTAL ............................................... $2,845,090
Interest................................................................................... 932 922
PRO.IECT COSTS TOTAL ............................................ �
See Subsection Z-14, on page 2-6 of the TIF Flan for the fu11 budget
authorizat�o�.
Fortn of fnancing: The rp oject is proposed to be �inanced by a pay-as-you-ga note.
Administrative fee Up to 10% of annual inerement, if casts are justified or administrative
and pooling: expenses and up to a maximum of 20% for adrninis�c-ative and pooling.
Interfund Loan To rovide the Ci flexi' .'. i.� .� �._...... .. ...._._...._,__...__
p ty 'bil'ty to capitalize 20% ofthe funds frorz�. the District
Reyuirement: �or adzninistrative and/or pooling for other projects, the City CounciI wiIl be
considering�proval of an interfund loan resolution.
� Year Activity Rule After four years from tha date of certification of the District one of the
(� 469.176 Subd. 6) foIlowing activities rnust have bean commenced on each parcel in the District:
• Demolition
• Rehabilitation
• Renovation
• Other site preparation (not including ufility se�vices such as sewer and
water)
If the activity has not been started by approximately December 2014, no
additional tax increment nnay be talcen from that parcel until the
---_ _
comme�cament of a Qualifying activity.
S Year Rula Within 5 years of certiiication revenues derived from �ax increments must be
{,� �469. I7G3 Subd. 3) expended or obligated to be expended.
Any obligations in the District made after approximately Decetniber 2015, witl
___ _ not be eli�ible for repayment from #� increments.
The eeasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required
pursuant to M.S., Section 469.175, Suhd. 3, are included in E�ibit A of th� City resolution.
Page 2
EHLERS
LEAQERS IN PIiBLIC FiNANCE
MAP OF DEVELOPMENT DiSTR.ICT NO. 1 AND
TAX INCREMENT FINANCING DISTRICT NO. 4
� �� ����
C�ty af r4rd�r� Hil�s
Devel�pm�nt DTstr-�ct No.
+�**�*� D��e[c�p�rent D�stri�t N�, 1
� TiF Distr�ct #4
IIlP� �}4iLL�i111�:5 8� D'B�'P�8I7IfIfIiY I}SSdI'if� Itifl. l
iuslude all parcels a�ud adj:�tent i�=9�rs�f-tira�•
lor�tea sautI� of Hi�hn:�r• 4� and Hi����►ti• 4S
and tL� pai�el� and.;�dja.ceat i�I�#s-of-�+�a3•
lar�teti �vi$►rn ilx� �nrp���te bauuslaries an
tLe r�sf, � est a�d s�ui�.
Created Eieeaernk�7, 2LR90
������
i.EA�ERS IN PU6LIC FINANCE
Atta�h ment B
Resolution 2010-081
CITY OF ARDEN HILLS, MTNNESOTA
RESOLUTION NO. ZO�.Q-081
RESOLUTION APPROVING CONTRACT FOR PRIVATE
DEVELOPMENT AND AWARDING THE SALE OF, AND
PROVIDING THE FORM, TERMS, COVENANTS AND
DIItECTYONS FOR THE ISSUANCE OF ITS $1,115,000 TAX
INCREMENT REVENUE NOTE
BE TT RESOLVED BY the Ciiy Council ("CounciI") of the City af Arden Hills, Minnesota {the
"City"} as folIows:
Section 1. Authorization; Award of Sale.
1.41. Authorization. The City has heretofore approved �e establishment of Tax Increment
Financing District No. 4{the "TIF District") within amended Development District No. 1("Project"}, and
has adopted a tax increment financing plan for the purpose of financing certain improvements within #1ie
Project.
Pursuant to Minnesota Statutes, Section 469.178, the City is authorized to issue and sell its bonds
for the purpose �f financing a partion oi the public development costs of �he Develapment District. Such
bonds are payable from aIl qr any partian of revenues derived fram the T�' District and pledged to the
payment of the bonds. The City hereby finds and determines that it is in the best interests oi the City that
it issue and sell its $1,115,000 Tax Increment Re�enue Note {the "Note") for the purpose of financing
certain public costs of �he Project.
1 A2. A�reement Approved; Issuance, Sale, and Terms of the Note. The City hereby approves
tl�e Contract for Private Develapmen� between the City and the Owner (the "Agreement"j, and authorizes
the Mayor and City Administrator to execute such Agreeme�t in substantially the form on file with City,
subject to modifications that do not atter the substanc� of the transaction and are approved by such
officials, provided that execution of the Agreement by such officiais is conclusive evidence of their
approval. Pursuant to the Agreement, the Note shall be sold io PRESBYTERIAN HOMES O� ARDEN
HILLS, IlVC. {the "Owner") and delivered at the time and subject to the conditions of Section 3.3 of the
Agreement. The Note shaIl be dated as af the date of d�livery and shaIl bear interest fro:nn the date of
original issue to the earlier of maturify or prepayment, at the rate that is tha less�r of 6.25 percent per
annum, or the tr�e interest cost on the �rst series of Housing Revenue Bonds issued to finance the
Minimum Improvements in accordance with Ariicle VII of the Agreeznent. The consideration for the sale
af t1�e Note is the payment by tlie Owner of �e Public Developmen# Costs as defined in the Agreement.
Section 2. Form of Note. The Note shall be in substantially the foIlowing form, with the blanks
to be prop�rly filled in and th� principal amoun� and payznent schedule adjusted as afthe date of issue.
379276v1 .41220D-1p
UNITED STATE OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF ARDEN HILLS
No. R-1
$1,115,000
TAX INCREMENT REVENUE NOTE
SERIES 2Q
Ra#e
Date of Original Issue
% , 2Q____
The City of Arden Hills, Minnesota (the "City"), for vaIue received, certifies that it is indebted
and hereby promises to pay to PRESBYTERIAN HOMES OP ARDBN HII..LS, INC. or registered
assigns {the "Owner"), the principal sum of $ and to pay interest thereon at the rate of
percent per annurn, as and to the extent set forth herein. Unless the context clearly requires
otherwise, capitaIized terms in this Note have the zneaz�ing provided in the Contract for Private
Development between the City and Owner dated as of December 13, 2010 (the "Agreement").
1. Payments. Principai and interest {"Paym�nts"} shall be paid on August 1, 2014 and each
February 1 at�d August 1 thereafter ("Payment Dates"} to and including February i, 2028, or such earliar
Paymen� Date when principal and accrued interest have been paid in full, and shall E�e made in the
amounts and solely from the sources set forth in Section 3 hereon. Payrr�ents shall be applied first to
accrued interest, and then to unpaid principal.
Payments are payable by mail to the address of the Owner or such other address as the Ow�zer
may dasignate upon thirty (30} days written notice to tiae City. Payments on this Note are payable in any
coin ar currency of the LTnited States of America which, on the Payment Date, is legal tender for the
payment of public and private debts.
2. Interest. Interest at th� rate stated herein shall accrue on the unpaid principal from and
after the date of issue of this Note. Interest accruing from the date o� issue through February l, 2014 will
be compounded semiannually on each August 1 and February 1 and added to principai. �aterest shall be
computed an the basis of a 360-day year consisting of twelve 30-day months.
3. AvaiIable Tax Inc:rezxzent. Payments on this No�e on each Payment Date are paya6�e
solely from and in the amoun# of Available Tax Increment. The tet�n "Availabie Tax Increment" means
{a) on Payment Datas from August 1, 2014 through February 1, 2019, 90 percent of the Tax Irzcretxaent
attributable to the Minimum Improvements and Development Property that are paid to the City by
Ramsey County in the six (6) months preceding the Paymeni Date, and {b) an Payment Dates from
August 1, 2019 to February 1, 2028, 75 percent of the Tax Increment attributable to the Mznimutn
Ixaapcovements and Development Property #hat are paid to the City by Ramsey Caunty in the six {6)
months preceding the Payment Date.
Available Tax Increm.ent shall not include any Tax Increment i% as of any Payment Date, there is
an uncured Event of Default under tl�e Agreement or the Land Development Agreement Any amauni of
Available Tax Increment so withheld shatl be paid, without i�terest on the withheld amount, on the next
a�92�6�r .a�.00-io 2
Scheduled Payment Date after the default is cured, unless the Note has been terminated in accordance
with Section 9.2{b) of tHe Agreement.
The City shall have no obligation to pay principal of and interest an this Note on each Payment
Date from any source ather than Available Tax Increment, and shall have no obligation to pay unpaid
balance of principal or accrued interest that rr�ay remain after the Payment on the final Payment Date
described in Section 1 hereof.
4. Prepavment. The peincipal sum and all accrued int�rest payable under this Not� is
prepayable in wk�ole or in part at any tirae by ihe City without premium or penalty,
5. Nature of Obligation, This Note is one of an issue in the total principal amount of
$1,i 15,000 issued to aid in financing cer�ain public development costs and adrr�inistra#ive costs of a
Project undertaken by the City pursuant to Minr�esota Statutes, Sections 4b9.12S through 469.134, and is
issued pursuant to the Agreemen# and an authorizing resolution {the "Resolution") duly adopted by the
City on December I3, 20I0, and pursuant to and in full confar�nity with the Constitution and laws of the
State of Miz��aesota, including Minnesota Statutes, Sections 469.T74 to 469.179, and th.e Special Laws.
This Note is a limited obligation of the City which is payable solely irom Available Tax Increment
pledged to the payment hereof under the Resolution. This Note and the interest herean shall not be
deemed to constitu#e a general obligatio� of the State of Minnesota or any political subdivision thereof,
including, without limitation, the City. Neither tl�.e State o� Minnesota, nor any poiitical s�zbdivision
t�ereof shall be obligated to pay the principal of ar interest on this Note or other costs incident hereto
except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the
State of Minnesota or any politicai subdivision thereof is pledged to the payment of the principal af or
interest on this Note or other costs incident hereto.
6. Registration and Transfer. This Note is issuable only as a fully registered note without
coupons. As provided in the Resalution, and subject ta certain limitations set forth therein, this Note is
transferable upon the bo�ks of the City kept for that purposa at the principal office of the City
Administrator, by the Owner hereof in person or by such Owner's attorn�y duly authorized in writing,
upon surrender of this Note together with a written instrument of transfer satis�actory to the City, c€uly
executed by the Owner. Upon such transfer or exchange and the payment by the Own�r of any tax, fee,
or governmentai charge required by law to be paid by the City with respact to such transfer or exchange,
there will be issued in the name of the trar�sferee a new Nate of the same aggregate principal amount,
beaxi�g interesi at the sarn.e rate and maturing on tiae same dates.
This Note shall not be transferred to any person other than an affiliate, or other related entity, of
the Owner unless the City has been pravided with an opinion of counsel or a certifica#e of the transferor,
in a farm satisiactary ta the City, that such transfer is e�empt frozxa registration and prospectus delivery
requirements of federaI and applicable state securities laws.
IT IS HEREBY CERTIFIED AND RECITED that all ac#s, conditions, and things required by the
Constitution and laws af the State af Minn�sota to be done, to exist, to happen, and to be performed in
order to make this Note a valid and binding limit�d abligaiion of the City according to its terms, have
been done, do exist, have happened, and have been perFormed in due #'orrn, time and manner as sa
required.
379276v1 A.R200-10
IN WITNESS WHEREOF, the City Council of the City of Arden HiIls, Minnesota has ca�sed
this Note to be executed with the manual signat-�ares of its Mayor and City Administrator, aIl as of the
Date of Original Issue specified above.
CITY OF ARDEN HILLS, MINNESOTA
Mayar
City Administrator
REGISTRATION PROVISIONS
The ownership of the unpaid balance of the witlai�a Note is registered in the bond r�gister of the
Cily Adm�nistrator, in �he name of the person last listed below.
Date of Signature of
Registration Registered Owner T City Administrator
, 20_ Presbyterian Homes of Arden
Hills, Inc.
(End of Bond �'orm)
379276v1 AR2D0-10 4
Section 3. Terms, Execution and Deliverv.
3.01. Denomination, Pa,yment. The Note shall be issued as a single typewritten note numbered
R-1.
The Note shall be issuable only in futly registered form. Principal of and inte:rest on the Note
shall be payable by check or draft iss�ed by the Registrar described herein.
3.02. Dates; Inter�st Favment Dates. Principal of and interest on the Note shall be payable by
mail to the owner of record thereof as of the close of business on the fifteenth day of the rnonth preceding
the Paymeni Date, whether or not such day is a business day.
3.03. Re�istration. The City hereby appoints the City Administrator to perfornt ih� functions
af registrar, transfer agent anc3 �aying agent {the "Registrar"}. The effect of registration and the rights and
duties of the City and the Registrar with respect thereto shaIl be as %llows:
{a) Re x�. The Registrar shall keep at its office a bond reg�ster in which the Registrar
shall provide �'or tl�e registration of ownership oF the Note and th� registration Qf transfers and exchanges
of the Note.
{b} Transfer of Note. Upon surrender far transfer of the Note duly endorsed by the registered
owner thereof or accompanied by a written instrument of trans�'er, in form reasonably satisfactory to the
Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar shali authenticate and deliver, in the name of the designated
transferee or transferees, a new Note of a like aggregate principal amount and maturity, as requesied by
the transferor. Notwitlistanding the foregoing, the Note shall not be transferred to any person other fhan
an afi'iliate, or other related entity, of the Owner unless the City has been provided with an opinion of
counsel or a certificate of the transferor, in a fot�n satisfactory to the City, that such transfer is exempt
from r�gistration and prospectus delivary requirernents of fede:ral and applicable state securitaes Iaws.
The Registrar may close the books for registration af any transfer after the �fteenth day of the month
preceding each Payrnent Date and until such Payment Date.
(c) Canceilation. The Note surrendered upon any transfer shali be promptly cancelled by the
Registrar and thereafter disposed of as d�rected by the City.
(d} Improper or Unauth�rized Transfer. What► the Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that t�Ze endorsement on such
Note or separate insirument af transfer is legally authorized. The Registrar shall incur no liability for its
refusal, in good iaith, to malce transfers which it, in its judgzxzent, deems i�nproper or unae�thorized.
(e) Persons Deemed Owners. The City a�d tlne Registrar may treat the person �n whose
name the Note is at any time registered in the bond register as the absolute owner oithe Note, whether the
Note shall be overdue or not, iar the p��-pose af receiving pay�x�:ent of, ar on account of, the principal of
and interest on such Note and for all oiher purposes, and all such payz�aents so made to any such registered
owner or upon the owner's order sha11 be valid and effectual to satisfy and discharge the liability of th.e
City upon such Note to the extent of the sum or sums so paid.
(� Taxes, Fees and Char��es. For every transfer or exchange af the Nate, the Registrar may
impose a charge upan the owner thereof suff'icient to reimburse tha Registrar for atzy tax, fee, or other
governmental charg� required by law to be paid with respect to such transfer or exchange.
3�9z���� nxzoa-io
(g) Mutilated, Lost, Stolen oe Destroyed Note. In case any Nate shall become mutilated or
be los�, stolen, ar destroyed, �he Regisnar shall deliver a new Nate of Iike amaunt, maturity dates and
tenor in exchange and substitEztion for and upon cazacellation of such mutilated Note ar in lieu af and in
substitutian for such Note l�st, stolen, or destroyed, upon the paymen� of the reasanable exp8nses and
charges o� the Registrar in connection therewith; and, in the case the Note is lost, stolen, or destroyed,
upon filing with the Registrar af evidence satisfactory to it that such Note was lost, stol�n, or destroyed,
and af the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemni#y in
form, substance, and amount satisfactory to it, in which both the City and the Registrar shall be named as
obligees. The Note so surrendered to the Registrar shall be cancelled by it and evidence of such
canceIlation shaI� be given to the City. If the mutilated, lost, stolen, or destroyed Note has already
matured or been called for redemption in accordance with its terms, it shal� not be necessary to issue a
new Note prior ta payment.
3.04. Preparation arid DeliverX, The Note shall be prepared under the direction of the County
Auditor and shall be executed on behalf of the City by the signatures of its Mayor and City Administrator.
In case any officer whose signature shall appear on the Note shall cease ta be such o�c�r before the
delivery of the Note, such signature shall nevertheIess be ealid and sufficient far al1 purposes, tha same as
ii such ofiicer had remained in office until delivery. When the Note has been so executad, it shali be
cEelivered by the City Administrator to the Qwner thereof upon closing an acquisition of the DeveIopment
Property in accordance with the Agreement.
Section 4. Securitv Provisions.
4.01. Pled�e. (a) The City hereby pledge� t4 the payment of the principal of and interest on
the Note all Available TaY Increment as defined in the Note. Availab�e Tax Increment shall be applied to
paymant of the principal of and interest on the Nate in accardance with tlie terms of the Note.
4.Q2. Bond Fund. Until the date the Note is no longer outstanding and no principat thereof or
interest ihereon (to the extent required to be paid pursuant to this resolution) remai�as unpaid, the City
shali maintain a separate and special "Bond Fund" to be used for no purpose other ihan the pay�aae�nt o�
the principal of and interest on the Note, The City ircevocably agrees to appropriate to the Bond Fund
upon or before each payment date alI AvaiIable Tax Increment. Any Available TaY Inerement rernaini�g
iz� the Bond �und shall be transferred to the City's account for TIF' District No. 4 upon the payment oi all
principai and interest io be paid with respect to the Note.
4.03. Additional Obli ations. While the Nate is outstanding, the City shall not pledge or permit
the pledge of all or any portion of the Available T� Increment to the payzx�ent of principal of or interest
on any obligations of the City unless and to the extent such pledge is subordinate to fihe pledge to the
Note.
Section 5. CerEi�ication of Fraceedin�s.
5.01. Certification oiProceedin�s. Th� offcers of the City are hereby autliorized and directed to
prepare and furnish to the Owner of the Note certified copies of aIl proceedings and records of the City,
and such other af�davits, certificates, and information as rc�ay be required to show the facts relating to the
legaIity and marketability �i the Note as the same appeax from the books and records under their custody
and con�t�rol ox as otherwise known to them, and aIl such certified copies, certificaies, and a�davits,
including any heretoiare furnishcd, shall i�e deen:zed representations of the City as to the facts reciied
tiaerein.
379276r+1 AR200-10 �
Section 6. Effective Date. This resolution shall be efFective upon fi�Il execution of the
Agreement.
Adopted this 13'� day of December, 2Q 10.
Mayor
City Administrator
379276v1 AR200-IO '�
Attachment C
Contract for Development
aetween C�ty of Arden H i I Is and
Presbyter�an Homes
Sixth Draft December 10, 2010 (1:30 pm)
CONTRACT
FOR
PRIVATE DEVELOPMENT
By and Between
C�TY OF ARDEN HILLS, MTNNESOTA
and
PRESBYTERTAN HOMES OF �RDEN HILLS, INC.
Dated: , ZO10
This document was drafted by:
KENNEDY & GRAVEN, Chartered
�70 U.S. Bank Plaza
Minrteapolis, Minnesota 55402
Telephone: (612} 337-930d
37S490v6 S7B AR200-10
TABLE OF CONTENTS
�a�e
PREAMBLE.............................................................................................................................................1
ARTICLE I
De�nitions
Section1.1. Definitions ...........................................................................................................................2
Section 2.1.
Section 2.2.
Section 3.1.
�ection 3.2.
�ection 33.
�ection 3.4.
�ection 3.5.
5ection 3.6.
Section 3.7,
Section 3.8.
Section �.1.
Section 4.2.
Section 4.3.
Section 4.4.
Section 4.5.
A.RTICLE II
Representatio�s and Warranties
Representations by the City ................................................................................................ 5
Representations and Warranties by the Developer ............................................................. 5
ARTICLE III
Public Develo ment Costs• Financin • Conve ance of Land
Statusof Property ........................�--..................................................................................... 7
Public Davelopment Costs ................................................................................................. 7
Reim6ursement of Public De�elopment Costs ................................................................... 7
Business5ubsidy Act .......................................................................................................... $
Conveyance of Triangle Parcel ........................................................................................... &
Relocation.........................................................................................................................10
Records.............................................................................................................................10
TIFLookback ....................................................................................................................10
ARTICLE N
Construction of Minimum Ymprpvements; Pub�ic Ymprovements
Construction of �inprovements .......................................................................................... l l
ConstructionPlans ............................................................................................................11
Commencement and Completion of Construction ............................................................12
Certifcate of Completion .................................................................................................. i2
Construction of UtiIity Improvements and County Road Improvements .........................12
ARTICLE V
Insurance and Condemnation
Section5.1. Insurance ...........................................................................................................................14
Section5.2. Subordination .................................................................................................................... i5
ARTICLE VI
Tax Increment; Taxes
Section 6.1. Right to Collect Delinquent Taxes ....................................................................................16
Section 6.2. Reduction ot'Taaces ........................................................................................................... lb
37$990v6 SJB AR200-10 i
ART�CLE VII
Financing
Sectian 7_1. Developer Financing .........................................................................................................17
Section7.2. Subordination .......................................................................................•-••--.......................17
ARTICLE VIII
Prohibitio�s A ainst Ass[ nment and Transfer• Indemnification
Section 8.1. Representation as to Development ....................................................................................18
Section 8.2. �rohibition Against Daveiaper's Transfer of Property and Assignment of
Agreement.......................................................................................... .................. . � - • - -- ......18
Sectio�a 8.3. Reiease and Indemnification Covenants ...........................................................................19
ART�CLE IX
Events of Default
Section 9.1. Events of DefauCt Defined ................................................................................................. 20
Section 9.2. Remedies on Default .........................................................................................................20
Section 9.3. No Remedy Exclusive .......................................................................................................20
Section 9.4. No Additional Waiver Implied by One Waiver ...............................................................20
ARTICLE X
Additional Provisions
Section 10.1.
Sectian IU.2.
Section 1U3.
Section 10.4.
Section 1 U.S.
Section 10.6.
Section 10.7.
Section 10.8.
Section i0.9.
Conflict of Interests; City Representatives Not Individually Liable ..
Equal Employment Opportunity ........................................................
Restrictions on Use ............................................................................
Pravisions Not Merged With Deed ....................................................
Titles o�Articles and Sections ...........................................................
Noticesand Demands .........................................................................
Counterparts.......................................................................................
Rec ording . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - . . . .
Tarmination........................................................................................
........................... 21
........................... 21
........................... 21
...........................2,1
........................... 21
........................... 21
........................... 22
........................... 22
........................... 22
TESTIMONIUM...................................................................................................................................... S�-1
SIGNATURES .......................................................................................................................... . S-1
..............
SCHEDLTLE A Development Property .........................................................................................•---•A-1
SCHEDULE B Certifcate of Completion ................................................�--•--...................................B-1
SCHEDULE C Authorizing Resolution ............................................................................................ C-1
378490v6 57B AR200-10
11
CONTRACT FOR PRNATE DEVELOPMENT
THIS AGREEMENT, made as of the day of , 2010, by and between t1�e CITY OF
ARDEN HILLS, MTNNESOTA, a Minnesota municipal corporation (the "City"), and PRESBYTERIAN
HOMES OF ARDEN HILLS, INC., a Minnesata nonprofit corporation (the "Developer"}.
WITNESSETH:
WHEREAS, the City has undertakert a program ta prornote economic development and job
opportunities and to promote ihe development of land which is underutilized within the City, and in this
connec�ian craated Development District No. 1(hereinaitee referred to as the "Project") in an area
{�ereinafter referred to as the "Project Area") located in. �he City and a T� Increment Finas�cing Dish'ict
No. 4(the "TIF District") within the Project Area, all pursuant to Minnesota Stat�tes, Sections 4fi9.124 to
469. � 34 {the "Act") Minnesota Statutes, Sections 469.174 to 4591799; and
WHEREAS, pursuant to the Act, the City is authorized to undertake certain activities to prepare
suc� real properly for development by private en.tezprise; and
WIIEREAS, in order to achieve the objectives of the Development Plan %r the Project the City is
prepared to pay certain public improvement costs of the Project, in order to bring about development in
accordance with the Develapment Plan and this Agreezzaent; and
WHEREAS, the City believes that the devetopment of the Project Area pursuar�t to ihis
Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and
the health, safety, morals, and weifare af its residents, and in accord with the public purposes and
provisions of the appiicable State and local Iaws and requirements under which the Project has been
und�rtaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the muti�al obligations of the par-ties
hereta, each of the�aa does hereby covenant and agree with the other as follows:
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378990v5 SJB AR200-10
ARTICLE I
Definitions
5ection l.l. Definitions. In this Agreetrzent, unless a differe�t meaning clearly appears frorn th;e
context:
"Act" means Minnesota Statuies, Sections 469.124 to 469.134, as amended.
"Affiliate" means with respect to Dev�loper {a) any corparation, partriership, or other business
entity or persan controIling, controlled by ar under common contral with the DeveIoper, and {b) any
successor to such party by mergee, acquisition, reorganization or similar transaction involving aIl or
substantially ail of the assets of such party (or such Affiliaie). Far the purpose hereof the words
"con�c-olling", "controlled by" and "under common controI with" shall meaz�, with respect ta any
cotporation, partnership, or other business entity, the ownership af fifty percent or more of the voting
interests in such entity possession, directly or indirectly, of the power to direct or cause the direction af
management policies of such entity, whether ownership of voting securities or by contrac� or otherwise.
"Agreement" means this Agreement, as Yhe same tt�.ay be fram time to time modified, amended,
or supplemented.
"Authorizing Resolution" means the resolution of the City, substantially in the %rm of the
attached Schedule C adopted by the City Council to authorize #he issuance of the Note.
"Available Tax Inerement" has the meaning pravided in the Note.
"Business Subsidy Act" �eans Minnesota Statutes, Section 116J.943 to 11b7.995, as amended.
"City" means the City of Arden Hills, Minnesota.
"City Representative" means the City Administrator of the City of Arden Hills.
"Certificate of Completion" means the certifcation provided to the Developer, or the purchaser of
any part, parcal or unit of tk�e Development Property, pursuant to Section 4.4 of this Agreement.
"Closing" has the meaning provided in Section 3.5(e).
"Construction Plans" means the plans, speci�cations, drawings and rela�ed dacuments on the
construction work to be performed by the Developer on �he Development Property, including the
Minimum Improvements, which {a) si�all be as de�ailed as the plans, specifications, drawings and related
documents which are subt�itted to the appropriate building off'icials of the City, and {b} shall include at
least the foilowing: (1) foundation plan; {2} basement plans; {3} floor pian for each floor; {�4) cross
sections of each {length and width}; (5) elevations (al! sides); (6) landscape plan; and {7} such other plans
or supplements to the faregoing p�ans as the City may reasonably reyuest to allow it to ascertain the
nature and quality of the proposed construction work. In the case of Utility Improvements, the
Construction Plans must confor�r► to the reyuirements speci�ied in the de£�inition of those terms herein.
"Coun.ty" itneans the County of Ramsey, Minnesota.
378990v6 57B AR200-10 2
"County Road Improvements" means the reconstructxon o� Caunty Road D from the intersection
of Lake Jahanna Blvd. easterty to the intersection with Sharewood Dr; recanstructed street to be
nozninally 32 feet wide with new concrete curb and gutter, and constructed to a 9-ton design in
accordance with Minnesota Departnr�ent af Transporkation design criteria.
assigc�s.
"Developer" means Presbyterian Hames of Arden Hills, Inc, or its pern�itted successors and
"Development Property" means the real property described in Schedule A of this Agreement,
p:rovided that fox the purposes of this Agreement, the terrn "Developmen� Property" excludes any partion
of property described in Schedule A, or improvements thereon, that are determined by Ramsey County to
be exempt fram ad valorem properly taxes as of the date of this Agreement.
"Development PIan" means the City's De�elopment Program for Development District No. l, as
amended.
"Event of DefauIt" naeans an action by the Daveloper Iisted in Ar�icle IX of this Agreement.
"Holder" means the awner of a Mortgage.
"Housing Revenue Bonds" has the meaning provided in Section 7.2 hereof.
"Land Development Agreement" means the development agree�nent to be entered between the
Ci�y and the Develaper in connection wi#h the plat of the Develop�nent Properly.
"Maturity Date" means the date tha# the Note has been paid in full, defeased or terminated in
accordance with its terms, whichever is eariier.
"Minimum Improvements" means: (a) the following improvements on the Development Property:
Phase IA: 5� units independent living
36 units assisted living
18 units mernory care
Phase IB: 40 units of assisted living
18 units of inemory care
Phase II: 36 units of independent living (brownstones); and
(b) The falIowing improvements within public rights oiway ar easements:
Utility Improvements.• reconstruction of exisiing 8" sanitary sewer along the easterly
frontage of Lake Johanna fro�nn. the existing Iift station to the manhole in Sandeen Rd,
using new 8" PVC pipe along approximately the same line and grade, and i�cluding new
inanholes.
"Mortgage" means any mortgage which is secured by the whole or any par� of t�e Development
Property atzd which is entered into to obtain financing for improvement of the Developm�nt Property.
"Note" means a Tax �ncrement Revenue Note, substantially in the form contained in the
Autharizing Resolution.
"Ph:ase" :mea�s a po�tion. of the Minimum Improvements as described in the definition thereoi.
37sg9a�6 s1B .6.�00-�0
"Project" means the City's Development District No. 1.
"Project Area" mear�s the real property located within the bounc€aries of the Project.
"Public Development Costs" means those costs to be paid or reimbursed to the Developer by the
City in con�aection with the development hereunder as set forth in Section 3.2.
"State" means �he State of Minnesota.
"Tax Increment" means that por�ion of the real property taxes which is paid with respect to the
Developtnent �roparty and improvements there�n and which is remitted to the City as taac incr�ment
pursuant ta the Tax �tccement Act; provzded that the term Tax Increment does not inciude any amounts
retained by or payable to the Sta.te auditor under Section 469.177, Subd. 11 of the Tax �ncrement Act, or
any amounts described in Section 469.174, Subd. 25, clauses (2) through {4} of the Tax Ir�crement Act.
"Tax Incrernent Act" or "TIF Act" means the Taac Increment Financing Act, Minnesota Statutes,
Sections 469.174 to 469.1799, as amended.
4.
"Tax Incremen# District" or "TIF District" zzaeans the City's Tax Increment Financing District No.
"Tax Increment Plan" or "TIF Plan" tneans the Tax Increment Financing Plan for Tax Inerement
Financing District No. 4, approved December 13, 2414.
"Tax Official" �eans any County assessor, County auditor, Caunty or �tate board of
equalization, the commissioner o� revenue of the State, or any State or federai court incl�ding the
tax court of the Siate.
"Transfer" has the m�aning provided in Sectian 8.1 hereof.
"Triangle ParceI" means the proper[y so described in Schedule A.
"Unavoidable Delays" means delays beyond the reasonable contral of the party seeking i� be
excused as a result thereof which are the diract result of strikes, other labor iroubles, prolonged adverse
weather or acts of God, fire or other casualty to the Minimum Improvements, litigation cozx�menced by
third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any
federal, state or local governmentaI unit (other than tlne City in exercising its rights under this Agreement)
whicfi dieectly result in delays. Unavaidable Delays shall not include delays in the Developer's obtaining
of permits ar governmental approvals necessary to enable construction of the Minirnum Improvezx�ents by
the dates such construction is required under Section 43 of this Agreenaent.
"iltility Improvements" has the meaning provided in the definition of Minimum Improverr�ents.
3�saso�6 srB .�oo-io 4
_ _ _ __ _...
ART�CLE II
Representations and Warranties
Section 2.1. Represantations bv the City. The City makes the following representations as the
basis for the undertaking on its part herein contained:
{a) The City is a statutory city duly organizeci and existing undcr the laws of the State.
Under the provisions of the Act, the City has the power to enter into this Agreement and carry aut its
obligations hereunder, and execution of this Agreement has been duly, praperly and valid(y authorized by
the City.
(b) The Cify proposes to assist in iinancing certain Public Development Costs nec�ssary to
serve the Development Property and Minimum Irnprovemer►ts in accordance with the terms of this
Agreement.
Section 2.2. Re resentations and Wa�'anties b the Develo er. The Developer represants and
warrants that:
(a) The Develaper is a nonprofit corporation orgaz�ized and in good standing under the laws
of the State, is duly authorized ta transact busi�ess within the State, and has the power to enter into this
Agreeanent.
(b) The Developer will cause the Minimum Improvements to be constructed, operated and
mainiained in accordance with the terms of this Agreement, the Development Plan and all local, state and
federal laws and reguIations {including, but not Iimited #o, environmental, zoning, building code and
public healt� lar�vs and regulations).
{c) The Developer has r�ceived no notice or communication from any local, state or federal
oF�cial that the activities of the Deve�oper or the City in th� Project Area r►�ay be or will be in violation of
any environmental law or reguIation (other ihan those notices or communications of which the City is
aware). The DeveIaper is aware of no facts the existence of which would cause it to be in vioiation of or
give a.�y person a valid claim under any local, state or federal environme�ntal law, regulation or review
procedure.
(d) The Developer will construct the Minimum Improvements in accardance with all locat,
state or fede:ral energy�conservation laws or regulations.
(e} The Developer will obtain, in a timely txaanner, all required permits, Iicenses and
approvals, and will meat, in a timely �anner, al1 requirements of all appIicable local, state and federai
laws and regulations which must be obtained or met before the Minimum Improvements may be lawfuliy
constructed.
(� Neither the execution and delivery of this Agreement, the consu�x�mation of the
transactions contemplated �ereby, nor the fulfillment of or compIiance with the terms and conditions of
this Agreement is prevented, limited by ar conflicts with ar results in a breach of, the terms, conditions or
provisions of any corporate restriction or any eviciences of indebted�ess, agreement or insirument of
whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default
under any oi the foregoing.
378990v& SJB AR200-10 5
(g) The proposed development by the Developer hereunder would not occur bui for the tax
increment fnancing assistance being provided by the City hereunder.
(h) The Developec shaIl promptly advise City in writing of all litigation or claims a�fecting
any part of the Minimu�n Improvements and all written complaints and charges made by any
governmantal authority materially affecting the Minimum Impravements or materially affecting
Developer or its basiness which may delay or require changes in construction oi the Minimum
Improvements.
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3'78990vb SJB .�2.00-IO
C
_ ... .. . _ . .. .... ..
_ _ __ _ _
ART�CLE Iii
Publit Development Costs; Financin�; Conveyance of Land
Section 3.1. Status of Praperty. (a) The Developer curirently �iolds fee title to the Developz�aent
Property and the Triangle Parcel. The City has no obligation to acquire tha Development Property or any
portion thereof The Developer will convey the Triangle Parcel to the City in accordance with Section 3.5
hereof.
(b) Prior to comtxzen�cement of construction of the Minimum Improvements, the Developex
wiIl repiat the Develapment Property and in connection with that effort will enter into the Land
Deveiopment Agreement.
Section 3.2. Public Develo ment Cos#s. I� order to make develop�nent af the Mininaum
Improvements ecanomically feasible, the City will reiznburse the De�eloper {in the manner set forth in
Section 3.3} far a portion of the following "Public Deve�opment Costs" incurred by Develaper on the
Development Properiy: demolition, excavation, grading, filling, soil corrections, environmenYal
remediation, landscaping, parking, utilities (excluding the Utility Improvements), foot�ngs and
foundations, ar�d other site i�nnprove�nents. The total principal amount of Public Developmcnt Costs
subject to reimbursament will not exceed tha lesser of $1,115,000 ar the total actual, documented arnount
of such costs. Public DeveIopment Costs in excess of $1,115,400 are the responsibitity oi the Developer.
The City shall have no obligation to the Developer or to any #hird party with respect to any defects in the
construction of impro�ements iinanced or reiz�nhursed by the City as Public Development Costs.
Section 3.3. Reimbursement of Pubiic Develapment Costs. (a) To finar�ce reimbursement of a
portion of the PubIic Developm.ent Costs paid by the Developer, the City shaIl issue and tha Developer
shall purclaase the Note in the maximum principal acx�.ount of $1,115,000, with �he teriaas, and substantially
in the form, set %rth in Yhe Authorizing Resolution attached as Schedule C. The City and the Developer
agree that the consideration from the Developex for the purchase af the Note shall consist of the
Develaper's payment of the Public Development Costs in at least the principal amount of the Note. The
Ci#y shall deliver the Note upon compliance with Section 3.3{b) and delivery by the Developer of an
investme�t Ietter reasonably acceptable to the City. The Note will be dat�d as of delivery, and interest
will accrue fram the date of issue at #he ra�e that is the lasser of (i) 6.25 percent per annum, or (ii) the true
interest cast on the first series of long-tez-�n fixed rate Housing Revenue Bonds issued ta finance tha
Minimurn Improvements, or if the first Housing Revenue Bonds are not iss�ed an a long-term fixed rate
basis, the t�rue interest cost on such bonds if they had 6een issued on a long-term fixed rate basis, as
evidenced hy an estimate provided by third party underwriter mutua�ly selected by the City and
Developer {at Developer's cost, if any). If the conditions for deIivery of the Note have not been rnet
within �ve years after the date oi certiFication o� the TIF District, the City's obligation to iss�ze, and th�
Developer's right to receive the Note and any payments of Available Tax Increment thereunder shall
ierxninate.
(b) As a condition to issuance and cEeli�ery of the N�te, the Developer must subxnit to th� City
Representative written evidence i�t a forzn satisfactory to the City Representative that Public Development
Costs in at least the principal amount of t1�e Note requested have been paid. Such eviden.ce shall include,
at a minimum, paid invoices or conaparable evidence of payment. At the City's request, Developer shaIl
also provide evidence that the costs are commercially reasonable, evidenced by requests for proposal, bid
soiicitations, or similar materials.
(c) Tk�e Developer understands and acknowledges ihat the City makes no representations or
warranties regarding the amount of Avaitable T� Tncrement (as de�ned in tlie Note), or that revenues
3�s99o�6 s.ra axzoa-�o �
pledged to the Note wilt be suf�cient to pay the principal of and interest on the Note. Any estimates of
Tax Increment prepared by the City or its financial advisors in connection with tk►e TIF District ar this
Agreement are for the benefit of the City, and are not inte�nded as representatians on which the DeveIoper
nnay rely.
Section 3.4. Business Subsid,y Act. The parties agree and understand that any assistance
provided to the DeveIoper under this Agreernent is not a"business subsidy" under Minnesota Statutes,
Section 116J.993, subd. 3 because the assistance is for housing.
5ection 3.5. Conveyance of Trian�;le Parcel. (a) Generally. The Developer will convey the
Triangle Parcei to the City subject to the terms and conditions of this Section.
(b) Purchase Price, Costs. The Developer wiil convey the Triangle Parcel to the City for a
purchase price af $ i.00. At Closing (defined below}, Developer will pay any outstanding special
assessments; costs of title evidence; one-hal� o� any closing fee, state deed t� (if any); and the recording
fee for recording all doc�ments required to convey marketable title to the Triangle Parcel. Property taYes
due and payab�e in the year of Ctosing will be prorated between Developer and City as of #he date af
Closing. The City will pay the cost of any title insurance premium, and one-half of any cIosing %e. The
parties will each be responsible for any othee costs they incur in connection with conveyance of the
Triangle Parcel.
{c) Title. Promptiy after execution of this Agree�nent, Developer shall furnish to the City a
corr�mitment for an ALTA Owner's �'olicy of Title Insurance insuring title to the Triangle Pa:rcel, in the
amount of $268,200 (w�ich the parties agree repr�sents a reasonabte estimate of the market value of he
Triangle Parcel}. Within b0 days after :receiving such title commitment, t�e City may rnake written
objec�ions to the status of title. Developee will have GO days after receipt of any objections to cure the
objections. Devel�per will use commercially reasonable efforts to cure any objections within such 60 day
period. If objections are not cured within the 60-day period, City tnay elect to eithar (i) terminate this
Section of the Agreement, without affecting the remainder of the Agreemer�t; or (ii} waive t�e objections
and proceeds to Clasing.
(d} Envir�nmental maiters. Developer shall undectake, at its cost, a Phase I and, if
necessary, a Phase II environmental anaIysis of the Triangle Parcel. Promptly upon receipt of the reports
rasulting from consultants, De�eloper shall deliver to the City copies of all environm.ental reports related
to the Triangle Parcel prepared for Developer. Developer will aIso cause the party or parties preparing
such reports, upon request of the City and at City's cost, to deliver let�ers to the City a(lowing the City ta
rely on such reports. Further, Developer grants to the City and its agents filie right to enter th.e TriangIe
Parcel to undertake its awn inspections, tests, and investigations of the Triangle Parcel. Tf the City
determines, through i�s investigation or from any environmentai report, that any underground tanks ar
hazardous svbstances (as defined in paragraph (i) of this Section) are located on the Triangle �axcel,
Developer shall at its cost, and prior ta Closing, remove any tanks and remo�e or remediate any
hazardous substar�ces to a Minnesota Pollution Contirol Agency standard for non-residential land use.
Notwithstanding anything ta the contrary herein, Developer shall not be obligated to pay more than
$25,000 �o carry out such removal and remediation, and if such costs exceed that am.ount, the City rriay
elect to either (i} terminate this S�ction of the Agreement wi�hout affecting the remaEnder of the
Agreetx�ent, or (ii} waive the objection and proceed to CIosing. Iri addition, if Developer is required to
incur any costs e�nder ihis paragraph, the City t�ill cooperate with Devetoper in seeking grants from State
or other sources to assist in financing such costs, and will malce such grant proceeds available to
Developer to the extent the City is successful in grant applications.
3�s99a�6 s.r� .�xzoo-io
_
{e) Closang. The City's obligation to close on acquisation of tIae Triangle Parcel is contingent
upon {i) the City having fou�d title acceptable in accordance with paragraph (b) of tliis Section, {ii) the
City �aving determined, in its sole discretian, that it is satisfied with conditions of the Triangle Parcel,
include without lirnitation e�vironmental conditions; and (iii) Developer having demolished the existing
building on the Triangle Parcel, cieared the site of atl rt�bble and debris, removed any undergeound tanks
and removed ar rernediated any k�azardous substances in accordance with paragraph (d} of this Section,
and seeded the property. The closing on conveyance of the Triangle Parcel shalI occur on the iater of ten
business days after satisfaction of all contingencies, or June 29, 2412 {the "Closing"). At closing,
Developer shall deliver to City a warranty deed to the Triangle Parcel.
follows:
(t} Developer Represeratatioras. The Developer hereby represents and wa�rants to the City as
(i} Environ�nental Compiiance. Developer has rec�ived no notice of and is not
aware of any violation related to the Triangle Parcel of applicable law, s#atute, ordinanc�, rule,
eegulation, �rder or deterrnin;ation of any governmental aufihority with respect to hazardous
substances or of the presence of hazardous substances in or on the Triat�gle �arcel, except as
discIosed in any of the Environmental Reparts. For purposes hereof "hazardous substances"
means any substance desigzzated pursuant to the CIean Water Act, Title 33 U.S.C. Section 1321,
any element, compound, mixture, salution or substance designated pursuant ta the
Camprehensiva Environ.zx�ental Response, Compensation and Liability Act, Title 42 U.S.C.
Section 9d02, any hazardous waste having the characteristics identified under or listcd pursuant to
the Salid Waste Disposal Act, Title 42, i3.S.C. Section 6921, any toxic pol�utant listed under
Sectian 307(a) of the Clean Water Act, Title 33 U.S.C. Section 1317(a), any hazardous air
poltutant listed under Section 112 of the Clean. Air Act, Title 342 U.S.C. Section 7412, any
imrriinently hazardous chemical substance or fnixture with resp�ct to whic�a the Administrator of
the Environmental Protection Agency has taken action pursuant �o Section 7 of the To�ic
Subsfiances Control Act, Title 15 U.S.C. Section 260b and any hazardous waste, hazardaus
substance, pollutant or contaminant, as defined in the Minnesota E�vironmental Respons� and
Liability Act, Minnesota Siatuies, Sectian 115B.02. The term also incl�des, but is not limited to,
polychlorinated biphenyls, asbestos, petroleum products and various constii�zents of such
products, urea formaldehyde and related substances.
{ii) Stora�e Tanks. Developer is not aware of any underground storage tanks located
an or in the Triangle �arcel, but acknowIedges its abligaiion to remave any tanks disclosed by
any environmental reports or investigations by the City, in accordance with paragraph (d) of this
Section.
{iii} Pendin� Liti_a�n. There is no condemnation or other litigation presentiy
pending or, to Developer's knowledge, under consideration by any party affecting, directIy or
indirectly, the Triangle Parcel.
(iv) GovernmentaI Action. Developer has not received natice of any action, suit or
proceeding instituted by any person or en�ity against or affecting the Triangle Parcel befar� any
federal, state, municipal or other governmental authority, including without limitation notice of
any condemnati�n or taking for any public right-af-way or utility.
(v) Authorization. Developex is the sole owner oi the Triangle Parcel, and has the
right, power and capacity ta enter into this Section of this Agreement, to consummate the
transactions contemplated hereby, and to comply with the terms, canditions .and provisions
hereof.
37899Dv6 5JB AR200-10 9
_ _ __ _
{vi} Condition o� Triangle Parcel. Developer has received no n�tice, arder or other
communication from any governmental body having jurisdiction over the Triangle Parcei
requiring any improvement to or alteration of the Triangle Parcel wIaich has nat been remedied,
and Der�eloper agrees to give Buyer prompt written natice of any such communication received
on or prior to Closing Date.
{vii) WeIIs/Septic S, s�. Developer either certiftes and warrants that it is not aware
af the existence of any welIs on the Triangle Parcel within the meaning of Minn. Stat. § 103I.005,
or if cannot provide such certification and warranty, wiit at or before CIosing provide a well
disclasure statement in accordance with Minnesota Statues, Section 103�.235. Developer is not
aware of any individual sewage treahnent system on the Triangle Parcei within the meaning of
Minn. 5tat. § 115.55.
(viii) Ri�ht to Sell. Developer has not entered into any othex unterminated contracts
for the sale o� the Triangle Parcel, is not aware of any rights of first refusal or aptions to purchase
the Triangie ParceI, and consummation of t�e sale will not violate the provisions of any
gover�amental regulation or law applicable to Develaper, nor of any agreernent or instzument by
which Develaper is bound.
(ix) Parties in Possession. There will be no tenants or other parties in possession or
with #he right to possession of the Triangle Paxcel on the Closing Date.
(g). Developer Duties Before Closing. At ali times prior to Closing, Developer shalt comply
with �he fallowing:
(i) Except for demolifion, clearance and seeding, Developer shall main#ain the
Triangle Parcel in the sam� condition as in existence on the date hereof and shali comply at all
times with all applicable codes and ordinances;
(ii} Deveioper shall continue to pay all real estate taxes and any installments of
special assessments certified thereto which become due and payable'
(iii) Developer shali not permit the storage, :release ar disposal of hazardous or toxic
substances or contaminants on the Triangle Parcel;
(iv) Developer shall not encumber, permit liens to attach to, or convey any interest in
the Triangle Parcel to any other party;
(v) No perrtzanent improvements shall be constructed on the Triangle Parcel without
the City's written consent; and
(vi) Developer shall pay all utilities due up to and including the Closing Date.
Section 3.6. Relocation. Tlae parEies agree and understand that Developer may tcmporarily relocate
residen#s af the existing buildings on Development Property during construction of the Minimum
Improvements, and may also terminate leases to tenants of the Triangle Parcel. Witb.out Iinniting the
Developer's obligations under Section 83 hereaf, the DeveIoper wi�l indemnify, defend, and hold harmless
the City and its governing body members, employees, agents, and contractors fY-om any and all claims �or
benefits or payments arising out of the relocation or displacement af any person from the existing
improverne�ts on ihe Development Property, or tern�ination af any lease of the Triangle Parcel, as a result of
37s99o�s s�B �oo-ia 10
the impiementation of this Agreerneni. Nothing in this Section is intended to �x�.ake an.y other person ar entity
a third-party beneficiaxy of this Agreenaent.
Section 3.7. Records. The City and its representatives shail 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 Pubtic Developrnent Costs.
Section 3.8. TIF I,00kback. (a) DeveIoper ac�cz�owledges that the level of tax increment
assistance in this Agreement is based on Developer's Public Develop�nn.ent Casts, the costs of the
Minimum Improvements, and terms of the Housing Revenue Bonds that are Developer's expected source
of capital financing. Upon completian of the last Phase of the Minimuzn Inaproverzae�ts, issuance of the
last series of Housing Revenue Bonds, and completion of at least one fiscal year of operation of al( the
Minirt�unn Innp:rovennents (the "Calculation Date"), Developer will s�zbxnit io ihe Ciry a pro forrna updated
to reflect alI actual cos#s of development of the Minimum Improvements, including an estimate of the
debt service coverage ratio for all outstanding Housing RevenUe Bonds for �ve fZscal years after
Calcutation Date. For purposes of calculating debt service co�erage, operating re�enues frorz� #he
Developer's care center {which is lacated on the same praperty but is not part of the Minimum
Improvements) will be excIuded. If the mean projected debt coverage ratio for all outstanding Housing
Revenue Bonds for those five fiscal years (the "Actual Coverage") exceeds the debt service coverage for
those years that was used for purposes of zzaarketing the outstanding Housing Revenue Bands, plus five
percentage points (the "Adjusted Marketing Coverage"), the City wilI calculate the net preseni value (as
of the CalcuIation Date) of the a�ou�t by whick� the actual cash flow after debt service on all Housing
Revenue Bonds for the relevant five-year period exceeds the cash flow after debt service that would result
if the cash flow matched the Adjusted Marketing Coverage. That net present value of excess cash fi�aw is
referred to as the "Excess Amount." Present value is calculated using �he mean true interest cost on all
outstanding Housing Revenue Bonds. The Adjusted Marketing Coverage must be evidenced by bond
covenants, disclosure documents, or other reasonable evidence of the debt service coverage usecE for
marketing purposes at the time of issuance of each series of Housing Revenue Bonds.
Example: The average five year cash flaw for marketing purposes is 135%; therefore, the
Adjusted Marketing Percentage is 140%. If actual projected cash fiow as of the Calculation Date is
ISfl%, th� five years of cash flow r�presenting tha increase in Actual Coverage (150%) over Adjusted
Marketing Caverage (140%} is present vaIued to the Calculation Date, yielding tne Excess Amount.
(b) If the City finds an Excess Amount under paragraph (a) of this Section, then th� Excess
Arrzount will be applied to reduce tk�e outstanding principal amaunt af the TIF Note {as a deemed
prepayment} in accordance with the terms of �e TIF Note. Such event must be evidenced by delivery by
the City #o Developer of a written notice stating the Excess Amount. The Excess Am�unt will be deemed
prepaid as of the Calcuia#ion Date.
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37S990v6 SJB AR200-10
�1
_ __ _ _
ARTICLE N
Coustruction of Minimum Improvements; Public Im.pr4vements
Section 4.1. Construction of Improvements. The Develo�er agrees that it wili construct or cause
to be constructed the Minimum Improvements on the Developmen# Property in accordance with the
approved Constructian Plans and at all times prior to the Maturity Date, will operate and maintain,
preserve and keep the Minimum Ixnpro�ements or cause such impravem�nts to be znaintained, preserved
and kept with t�e appartenances and every part and parccl thereof, in good repair and condition. The City
shaIl have no obIigation to operate or imaintain the Minimum Improvements.
5ection 4.2. Construction Plans. (a) Before commencement oi canstruction of the Minimum
Improvemen.ts, the Developer shaIl submit to the City Constxuction Plans. The Construction Plans shall
provide for #he construction of the Mini:munn Impravements and shall be in confor�nity with the
Development Plan, this Agreement, the Lan.d Development Agreement, and all applicable State and lacal
laws and regulations. The City Representative will approve the Construction Plans in writing if: {i) the
Construction Plans conform to the tertns and conditions of this Agreement and the Land Develapment
Agreement; (ii} the Construction Plans conform to the goals and objectives of the Developrr�ent Plan; (iii)
the Constructian Plans conform to all applicable federal, state and local laws, ordinances, ruIes and
r�gulations; (iv) the Construction Plans are adequa�e to pro�ide for construction of the Minimum
Improvements; (v} the ConsUuc�ion Plans do not provide far expenditures in excess of the funds available
ta the Developer from all sources {including Deveioper's equity) far construction of the Minimu�r►
Improvements; and (vi) no Event of Default has occurred. Approval may be based upon a review by the
City's Building Official of the Construction P1a�s. No approval by the City Representative sIaalI relieve
the Devetoper af the obligation to comply with the terms of this Agreement or of tlie Development Plan,
applicable federal, state and local laws, ordinances, rules and regulations, or to canstruct the Minitr�um
Improvetnents in accordance therewith. No approval by the City Representative shall constitute a waiver
of an Event of Default. If approval of the Constr�tction Plans is requested by the Deveioper in writing at
the time of submission, such Canstruction Plans shall be deemed approved unlass rejected in writing by
the City Representative, in whole ar in part. Such rejections shall set forth in detail the reasans therefoxe,
a.nd shaIi be made within ten business {10) days after the date of their receipt by tlae City. if the City
Representative re�ects any Construction PIans in whole or in part, the Developer shall submit new or
correc#ed Construction Plans within 10 business days after wri�ten notification to the Daveloper of the
rejection. The provisions of this 5ection relating ta approval, rejection and resubmission of corrected
Canstruction Plans shall continue to apply untii the Construction Plans haue been approved by the City.
The City Representative's approval shal� not be unreasonably withheld, delay�d or conditioned. Said
approval shall constitute a canclusive determination that the Construction Plans (and the Minimum
Improvements constructed in accordance wit11 said plans) comply to the City's satisfaction with the
provisians of this Agreement relating thereto.
{b} If the Developer desires to make any rr�aterial change in the Construction Plans after tlaeir
approval by filie City, the De�eloper shall subrnit the proposed change io the City far its approval. If fihe
Construction Plans, as modified by the proposed change, conform to the requirernents of this 5ection 4.2
of this Agreement with respect to such previously approved Constr�.iction Plans, the City shall approve tk�e
proposed change and notify the Deveioper in writing of its approval. Such change in tha Canstruction
Plans shall, in any event, be deemed approved by the City u�less rejected, in whole or in part, by written
notice by the City to the Developer, setting forth in detail the reasons therefor. Such rejection shall be
made within ten business (10) days after receipt af the notice of such change. The City's approval of any
such change in the Construction �lans will not be unreasonably withheld.
378990vb SJB AR200-iD 12
Section 43. Comsnenceme�t and Com letion of Constnsction. Subjeci to Una�oidable Delays,
ihe Developer will commence and substantialIy complete tlae Minimum Improvements in accordance with
tlae �ollowing schedule:
Phase IA: Commence by Decem�ber 31, 2411
Complete by December 31, 2U13
Phase IB Commence by May 1, 2013
Compiete by Decesnber 31, 2014
i'hase II Com�nnence by December 31, 2014
Complete by December 31, 2016
Utility
Irnprovements: Same as �hase IB
Demolition: Must demolish Lakeview within b rnonths after the first cartificate of
occupancy for Phase IA.
Must de�nolish Sutton Place within 6 months after the first certificate of
occupancy for Phase II.
All wark with respect to the Minimum Timprovements ta be constructed or provided by the Developer on
the Development Property shall be in conformity with the Constructio� Plans as submitted by the
Devetoper and appraved by the City.
The Developer agrees �or itself, its successors and assigns, and every successor in interest to the
Development Property, oz any part thereof, that the Developer, and such successors and assigns, shall
promptly begin and diligently prosecute to coznpletion the development af Yhe Development Praperty
through the construction of the Mini�aaum Improvements thereon. After the date of this Agreement and
until canstruction oF the Minimum Tmproveinents has been completed, the Developer shall r�ake reports,
in such detaiI and at such fimes as may reasonably be requested by the City, as to the actual progress of
the Deve[oper with respect ta such constr�iction.
Section 4.4. Certificate of Completion. (a) Promptly after completion of the Minimum
Improvements in accordance with those provisions of the Agreement relaiing solely to the obIigations of
the Developer to construct th� Minimum Impravements (including the dates far beginning and
comp�e#ion thereof}, the City Representative will �'ixrnish the Developer with a Certificate shown as
Schedule B. S�ech certification and such determination shall not constitute evidence of compliance with
or satisfactian of any obligation of the Developer #o any Holder of a Mortgage, or any insurer of a
Mortgage, securing money loaned to finance the Minimum Improvem�nts, or any part thereo%
(b) If the City Representative shall refuse ar fai( to pro�ide any certification in accordance
with the provisions of this Sec�ion 4.4 of this Agreament, the City Representative shall, within ten (10)
business days after written request by the Developer, provide t�e Developer with a wxitten staterrient,
ircdicating in adequate detail in what respects the Developer has failed to complete the Mini�aurr�
Improvemenis in accordance with the pro�isions of the Agreement, or is otherwise in default, and what
measures or acts will be necessary, in the opinion of the City, for the Developer to take or perfornn in
order to abtain such certification.
378990v6 5JB ARZ00-10 13
__ _....
{c) For the pur}�oses of this Section, each Phase of Minimum Improvements will be deem.ed
substantia.11y complete upon issuance by the City of a certificate of occupancy (under City ordinances and
procedures) for that Phase; and in the case of Utility Improv�ments, will be deemed substantially
camplete upon final acceptance of such improvement by the City as described in Section 4.5 hereo£
Upon Developer's request, the City will issue Certificates of Completion fox each Phase and for the
Utility Improvements, to evidence satisfaciion of Deveioper's obligation regarding each portion of the
Minimum Irnprovezxxents.
4.5. Construction ai Utili Im rovements and Coun Raad Im rovements. {a} `I'k�e parties
ag�-ee and understand tlaat it is necassary and reasonable �or t�e Developer to consiruct the Utiiity
Improvements because (i) the Utility Improvements are located on an easemeni �ncumbering the
Development Properry; are located close to existing buiidings and the new Minimum Impravements, will
se�rve tf�e Minimum Improvements, and can more practically and efficiently be constructed by
De�eloper's contractors as pa�t of the overall redevelopment efforts described in t�is Agreement.
(b) Developer shall constract the Utility Impxovements in accordance with approved
Construction Pians. The improvetnents wiIl be deemed substantially cornplete upon acceptance thereof
by the City Representative, which acceptance wiil be give�n in writing when the City Repr�sentative
determines that such work h;as been completed in accordance with the Construction Plans.
(c) The City shall construct, ar cause to be constructed, the County Road Improvements, in
cooperaiian with the City af Roseville {"Roseville"}. The parties agree and understand ihat Rose�ille
intends ta specially assess benefited properties in RosevilIe for Roseville's one-half share ai the cost of
the Coun�y Road Improvements, and that such improvements will be constructed (by either the City or
Roseville) in accordance with Minnesota Statutes, Chapter 429. The City wili cause fihe County Road
Improvements to be substantially compieted (so that the reconstructed portion of County Road D is
placed in service) by December 31, 2017. The City will use its best efforts to coordinate suck�
constructian with Deveioper's construction of the Minimum Improvements so as to minimize disruption
of Developer's work on the Development Property. Upon substantial cornpletion of the County Road
Improvements, the Developer shall promptly rei�nburse the City for the City's one-half share of the total
cost of the County Road Irnprovements, inciuding desegn and �ngin.eering costs. As a condition to the
Devaloper's obligation to make such payment, the City shall submit evidence to Developer that it has
paid Caunty Road Imiprove�aaent costs (either to contractors or to Roseviile) in the amoun� of the
reqaested reimbursement. Such evidence shall incIude, at a minimum, paid invoices or coznparable
evidence oF payment.
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378990v6 S]B AR240-10 14
ARTICLE V
Insurance a�d Condem�nation
Section 5.1. Insurance. (a) The Developer will pravide and maintain at aIl times during the
process af constructing the Minimum Improvements an All Risk Broad Forna Basis Insurance Policy and,
fronn tima ta time during #hat period, at the :request of ihe City, furnish the City wi�h proof af payment of
pre�niums on policies covering the foIlowing:
(i) Builder's risk insurance, written �n the so-called "Builder's Risk -- Completed
Value Basis," in an amaunt equal to one hundred percent (IUO%) of the insurable value of the
Minimum Impravements at the date of completion, and with coverage a�ailable in nozzreporting
form on the so-called "ali risk" form of policy.
(ii) Comprehensive general liability insurance (incluc�ing operations, confingent
liability, operations of subcontractors, completed aperations a�ad contractual liability insurance)
together with an Owner's Protective Liability Policy with timits against bodily injury and
property damage of not less than $ I,000,000 for each occurrence (to accoznplish the above-
required limits, an umbrella excess liability policy rnay be used}.
{iii) Workers' compensation insurance, with statutory coverage, if the Developer �as
employees.
(b} Upon completion of construction of the Minimum Improvernents and priar to ihe
Maturity Date, #he Developer shaIl maintain, or cause to be maintained, at its cost and expense, and frorn
titne to tirne at fihe request of the City shall furnish prooF of the payment of premiums on, insurance as
follows:
(i} Insurance against Ioss and/or damag� to the Minimum Improvements under a
policy or poiic�es 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/ar
properiy, in ti�e tninimum amount for each occurrence and for each year of $i,000,00d, and shall
be �ndorsed to show the City as additionai insured.
{iii) Such ot�.er insurance, including workers' compensation insurance respecting all
empIoyees of the Developer, in such amount as is customarily carried by like organizations
engaged fn like activities of comparab�� size and liabElity exposure; provided that the Developer
may be self-insured with respect to all or any part of its liability for workers' campensation.
(c) Ali insurance required in Article V of this Agreemen.t shall be talcen 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 th�
City policies evidencing all such insurance, or a certificate or certi�cates or binders of the respective
insurers stating that such insurance is in force and effect. Unless otherwise provided in tk�is Ar�icle V of
#his Agreement each policy shall contain a provision that the insurer shall nat cancel nar modify it in such
a way as to reduce the coverage �rovided beIow the amoeants required herein without giving written notice
to the Developer and the City at least thirty {30) days before the cancellation. or modifcation becomes
effective. In lieu af separate policies, the Developer may main�ain a single policy, blanket or umbreila
378990vb SJB AR2D0-10 15
policies, or a cambination thereof, having the coverage required �erein, in which event the Developer
shall depasit with the City a certi�cate or certificates of the respective insurers as to the amount oF
coverage in force upon the Minimum Irnprovements.
{d} In case of damage to the Minimuxn Impeovements of $250,000 or less, Developer may in
its discretion determine whether ta repaix, reconstruct or reconstruct such portion of the Minimum
Improvements. The Developer agrees to notify the City immediately in. th.e case of damage exceeding
$250,000 in amount to, or destruction of, the Minimum I�nprovements or any portion thereoi resulting
irom iire or other casuatty. In such event t�.e Developer, to the extent insvrance proceeds are available to
it, wzIl forthwith repair, reconstruct and restore the Minimum Improvements to substatatially the same or
an improved condition or value as it axisted prior to the event causing such damage and, to the extent
necessary to accamplish such repair, reconstruction and restoration, th� Develaper will apply the Net
Proceeds of any insurance relating to such damage received by the Developer to the payment or
:reiznburseznent of the casts thereof.
Any Net Proceeds remaining after completion of suc�a :repairs, canstruction and restoration shaII be fihe
property of the Developer.
{e) Notwithstanding anything to the contrary contained in this Agreezxient, in the event of
damage to the Minimum Impravements in excess of $250,000 and the Develaper fails to complete any
repair, reconstruction ar restoration of the Minimum Improvements within two years frozn the date of
damage, the City may, a� its option, tei-minate the Noie. If the City terminates the Note, such termination
shall constitute the Ciry's sale remedy under this Agreetnent as a result af the Developer's failure �o
repair, reconstruct or restore the Minimum Impravements. Thereafter, the City shall have no further
obligations to make any payments under the Note.
{� The Developer and the City agree that all of the insurance provisions set forth in this
Article V shall terminate upon the termination of this Agreement.
Section 5.2. Subarc�ination. Notwithstanding a�ything to the contrary contained in �his Article V,
the rights of the City with respect to the receipt and applicatian of any proceeds of insurance shall, in all
respects, be subject and subordinate to the rights of any lender under a Mortgage.
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378990v6 SJB AR200-10 1 �
ARTICLE VI
Tax Increment; Taxes
Section G.l. Ri�ht to CoIlect Delinquent T�es. The Developer acknowledges that the City is
praviding substantial aid and assistance in furtherance of the redevelopment through issuance of the Notc.
The DeveIoper understands tha# the Tax Incraments pledged #o payment on ti�e Note are derived frona real
estate taxes on the Min.iznum Improvements, which taxes rnust be promptly and timely paid. To that end,
the Developer agrees for itself, its successors and assigr►s, in addition to the obligation pursuant to statute
to pay real estate taaces, that it is also obligated by reason of this Agreement, through the Maturity Date, to
pay before deIinquency aIl real estate taxes assessed against the Develop�nent Property and the Minimum
Improvements. The Developer acknowiedges that this obligation creates a contract�al right on behalf of
the City to sue the Developer ar its successars and assigns to collect delinqueni real estate taxes and any
penalty or interest thereon and to pay over the same as a tax payment to the county aud�tor. In any such
suit, the City shall alsa be entitled to recover its costs, expenses and reasonable attorney fees. Nothing in
this paragraph shall prevent Developer from cantesting ihe amount of real estate taxes (whet�er because
of valuation, classification, or otherwise) in accordance with Minnesota law.
Section 6.2. Reduction of Taxes. {a) Developer agrees thai through the Maturity Data it will not
causa a reductian in the real property t�es paid in respect of the Develo�ment Property thi'ough: (A)
willful destruction of the Development Property or any part thereof; (B) willful refusai to reconstruct
damaged or destroy�d properiy frorn insurance proceeds available to Developer for such purposes; (C)
apply for a defercal of property tax on the Development Property pursuant to any Iavv; or (D) convey or
transfer or allow c�nveyance or transfer oi the Development Property to any entity that is exempt from
payment of real property taxes under State law {o#her than any partion thereoi dedicated or conveyed �a
the City in accordance with the plat of the Devaloptx�ent Property}.
(b} The De�eloper nnay use any ad�ninistrative or legal process provided under State 1aw to
seek reduction of market value af the Development Property and Minitnuzn Improve�nents thereon for ad
valore�x� t� purposes, providcci that {i) promptly upan filin.g any petition or ciairn with any Tax Official,
the Developer shall provide written natice of such action to the City; aiad (ii) if Developer files such a
petition or claim, �he City wilt withhold payment of any Available Ta�c Incre�nent (without in#erest} that is
attributable to tax-payable year that is the subject af the petition or claim until the petition or claim is
fully resolved such that the County has finally determined the amount of property taxes payable with
respect to the D�velopment Property foc that year.
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378990v6 SJB AR200-EO 1']
ARTICLE VII
�'inancinE
Section 7.1. Deve(oner Financin� (a) The parties agre� and acknowledge that the
Dev�loper intends to finance the constructio� of the Minimum Improvements throvgh issuance by the
City af qualified SO1(c)(3) housing revenue bonds {the "Housing Revenue Bonds"). The City agrees to
issue the Housing Revenue Bonds, subject to the terms and conditions of this Section.
{b) The Housing Revenue Bonds may be issued in one or more seri�s, at Developer's option..
Each series of Housing Revenue Bonds must be issued in accordance with ali terms and conditians of the
City's Procedure for Application to the City of Arden Hiils for Private Activity Ravenue Band Financing
(the "Private Activity Bond Policies") that are in effact as of the date of issuance qf the applicable series.
[To be discussed]
{c} If #he City determines that issuance of any series Housing Revenue Bonds is reasonably
expected to cause governmental bonds issued by the City in that calendar year to be ineligible for
designation as "qualified � exempt obligaiions" under Section 2S5{b}(3} of the Internal Revenue Code
of 1986, as amezzded (also known as "bank qua(ified"}, the Developer will be required to reirn�urse the
City, at the time of issuance oi the City's bonds in ihat calendar year, for any interest ra#e differential
between banlc quali�ed and non-bank qualified bonds, as determined by the City's �dependent Financial
advisor.
{d} Deveioper may not seek, and City will not consent to, issuance of any series Housing
Revenue Bonds by any unit oigovernment other than tb.e City. [To be discussed.]
Section 7.2. Subordinatton. In order to facilitate issuance of the Housing Revenue Bonds, the
Authority agees to subardinate its rights vnder this Agreement provided tI�at such subordinatfon shall be
subject to such reasor�able terms and conditions as the Au�hority and thc underwriter and trustee �'or the
Housing Revenue Bonds mutually agree in writing.
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378990v6 S7B AR200-10
18
_ .. ............
ARTICLE VIII
Prohibitions A ain�t Assi nment and Trans�er• Indemnification
Section 8.1. Re resentatian as to DeveIo m�nt. The Developer represents and agrees that its
undertakings pursuant ta this Agreement, are, and will be used, for the purpose of redevelopment of the
Development Property and not for specuIation in land holding.
Section 8.2. Prohibition A ainst Develo er's Transfer of Pro e and Assi m�ent of
A�:reement. The Developer represents and agrees that prior to issuance of the Certificate of Completion
far the Minimunn Improvements or relevant Phase thereof:
(a) Except as specifically described in this Agreement, the Deveioper has not rnade or
created and wiIl not make or create or suffer to be made or created any iotal or partial sale, assignment,
conveyance, or lease, or any trust or power, or transfer in any other mode or farm of or with r�spect to the
Agre�ment or the Development Property or any part t�ereoi or any interest therein, or any contract or
agreement to do any aithe same (cailectively, a"Transfer"} without the prior written approval of the City
Council unless the Developer remains liable and bound by ihis Agz�eement in which event the City's
approval is not required. The te�n "Transfer" does not include {i) encumbrances iaaade ar granted by way
of security for, and only for, the purpose of obtaining conshuction, interim or permanent fina�cing
necessary to enable the De�eloper or any successor in i�terest to the D�velopznent Property or to
constr�zet th� Minit�num Improvements or camponent thereof, (ii) any lease, license, easement or similar
arrangement entered inta in the ordinary course of business related to operation of tlie Min.imum
�mprovements, or (iii) any sale, conveyance, or transfer in any form to any Affiliate. Any Transfer shall
be subject to the provisions of this Agree�n�nt.
{l�) In the event the Developer, upon Transfer of the Development Property or any Phase or
portion thereof, seeks to be released from i#s obligati�ns under this Agreemen� as to the por�ions or Phase
of the Developnnent Property that is transferred or assigned, the City shall be entitleri to require, except as
otherwise provided in the Agreement, as conditions to any such release that:
(i} Any proposed transferee sha11 have the qualifications and f�nancial responsibility,
in the reasonabl� judgment of the City, necessary and adequate to fulfill the obligations
undertaken in #his Agreement by tlae Developer as to the port�on of the DeveIopment Property to
be transferred.
{ii) Any proposed trans�eree, by instrurr�ent in writing satisfactory to the City and in
form recordable azz�ong the land recorc€s, shall, for itself and its successors and assigns, and
expressly for the benefit of tha City, have expressly assumed all ot' the ohligations of the
Developer u�der this Agreement as to the po�ion of the Development Property to be transferred
and agreed to be subject to alI the conditions and restrictzons to which the Developer is subject as
to such portion; providec�, however, that the fact that any transfer�e of, or any other successor in
interest whatsoever to, the Development Froperty, or any part thereof, shall not, for whatever
reason, have assumed such obligations or so agreed, shall nat {unless and anly to the exten#
atherwise specifically provided in this Agreetnent or agreed to in writing by the City) depriv� the
City of any rignts or r�tnedies ar controls with respect to the Deveiopment Property or any part
thereof or the constructian of the Minimum Improvements; it being the intent of the parties as
expressed in this Agreett�ent that (to the fullest extent permitted at law and in equity and
excepting only in the manner and to the e�tent specifically provided otherwise in this Agr�ement)
no transfer of, or change with respect to, owncrship irz the Development Property or any part
thereof, or any interest t�erein, however consumrnated or occurring, and wh.ether voluntary or
378990v6 SJB AR200-10 19
invaluntary, shall operate, legally or practically, to deprive or (i�it the City of or with respect to
any rights or remedies on controls provided i� or resuiting from this Agreement with respect to
the Minimum Improvements that the City wouId have had, had there been no such transfar or
change. In the absence of specific written agreement by the City ta the contrary, no such transfer
or approval by the City thereof shall be deemed to relieve the Developer, or any other party
bound in any way by this Agreernent or othe:rwise with respect to the constr�ction of the
Minimum Improvements, from any of its obligations with respect thereto.
(iii) Any and all instruments and other legal documents in�o(ved in effecting the
Transfer of any interest in this Agreement or the Development Property governed by this Article
VIII, shall be in a form reasanably satisfactory to the City.
In the eveni the foregoing conditions are satisiied then the Developer shall be released from its obligation
under this Agreement, as to the portion of the Development Property that is transFe�-red, assigned or
otherwise conveyed.
{c) After issuance of the Certificate of Completion for the Minimum Impr�vements, the
DeveIoper may trans%r or assign any portion of the Development Propez'ty ar the Deve(oper's interest in
this Agreement without tl�e priar written consent of the City, provided that the transfecee or assignee is
bound by all the Developer's obligations hereunder. The Developer sh.all submit to the City written
evide�nce of any such transfer ar assignment, including the transferee or assignee's express assumption of
the Developer's obligations under this Agreement. If the Develaper fails to provide such evidenca of
transfer and assumption, the Developer shall remain bound by all its obligations under this Agraement.
Section 8.3. Release and Indemniiication Covenants. (a) The Deveioper releases from and
cavenants and agrees that the City and the governing body rrtembers, oificers, agents, servants and
employees thereoF shall not be liable f�r and agraes to indemnify and hold harmless the City and the
governing body members, officers, agents, servar�ts and employees thereof againsi any loss or damage to
praperty ar any injury to or death of any person occurring at ar about or resulting from any defecf in the
Minimum Improvements or any improverrtents financed as Public Development Costs.
(b) Except for any wi�lful misrepresentation or any willful or wanton miscanduct of the
folIowing named parties, the Developer agrees to protect and defend the City and �he governing body
members, officers, agents, servants and ernployees thereof, now or forever, and fi.�rther agrees to hold the
aforesaid harmless from any claim, demand, suit, actian or other proceeding whatsoever by any person or
entity whatsoever arising or purportedly arising frozza this Agreement, ar the transactions conte�nplated
hereby or the acquisitian, const7-uction, installation, ow�ership, maintenance and operation of the
Minimum Improvements or any improvements financed as Public Development Costs, incIuding without
limitation any claim arising under Min�esota Statues, Section 4713�5.
{c) Except for the gross negiigence or intentional misconduct of the follawing named parties,
the City and the gaverning body members, officers, agents, servants and employees th�reaf shall not be
liable for any damage or injury to the persons or pxoperty of the Developer or its officers, agents, servants
or employees or any othee person who may be about ti�e Development Property or Minimum
Improvements.
{d) Al� covenants, stipulations, promises, agreements and obligations of the City contained
herein shall be deezaaed to be the covenants, stipulations, promises, agreements and obIigations of the City
and not of any goverrzing body member, officer, agent, servant or employee of tlae City in the individual
capacity t�ereof
37899Uv6 53B AR200-10 20
(e) The provisions of this Section survive termination of this Agreement.
378990v6 SJB AR20�-10 21
r•�;�rryr��r:�
Events of D�fault
Section 9.1. Events of Default Defined. The foll4wing shall be "Events of Defaul#" under this
Agreement and the tertn "Even� oi Default" shaI� mean, whenever it is used in this Agraement (unIess the
corztex� otherwise provides), any failure by any party to observe ar perform any covenant, condition,
obligation or agree�x�.ent on its part to be observed ar performed uz�der this Agreement or the Land
Development Agreement, except a faiIure resulting fro�n an Unavoidable DeIay.
Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of
this Agreement occurs, the non-defaulting party may exercise iYs rights under this Section 9.2 after
providing �thirty days written notice to the defaulting party of the Event of DefauIt, but only if the Event of
Default has not been cured within said thirty days or, if the Event of DefaUlt is by its nature incurable
within thirEy days, the defaulting party does not provide assurances reasonably satis�actory to the non-
defaulting party that the Event of Default wiil be cured and will be cured as soon as reasonably possible:
(a) Suspend its performance under the Agreement, including withholding of payments on the
Nota, until it receives assurances that ihe defaulting party vvill cure its default and continue its
performance under the Agreement.
(b) Upon a default by the Developer, and after failure to cu:re within 360 days after notice
frorn the City (notwithstanding any ca�ttrary cure period described in this Section) the City may terminate
this Agreement, the Note and the TIF District.
(c} Take whatever action, including legal, equitable or administrative action, which �nay
appear necessary or desirable to collect any payments due under this Agreement, ar ta enforce
perfornaance and obsezvance of any oblzgatiorz, agreement, or covenant under this Agreement.
Section 9.3. No Remedv ExcIusive. No remedy herein conferred upon or reserved to the City or
Developer is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shalI be currtuIative and shall be in addition to eve�y other remedy given under this Ageeement or
now or hereafter existing at law or in equity or by stai�.rte. No deIay or omissfon ta exercise any right or
power accruing upon any default shall impair any such right or power or shaIl be construed to be a waiver
t�ereof, but any such right and power xnay be exercised frora time ta time and as often as may be deemed
expedient. �n. order to eniitle the City io e�ercise any renaedy reserved to it, it shall not be necessary to
give notice, other than such notice as may be required in this Article IX.
Section 9.4. No Addi�ionaI Waiver Implied bv One Waiver. In the event any agreement
contained in this Agreement should be breac�►ed 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, previaus or subsequent breach hereunder.
(Th� rcmainder of this page is intentior�ally left blank.)
378990v6 S7B AR200-10
2�
_ _
ARTICLE X
Additional Pravisions
Section 1 Q. �. Conflict of I�teresis; Citv Representatives Not Individuailv Liabie. The City and
the Developer, to the best oi their respective knowIedge, represent and agree that no inember, off'icial, or
employee of the City shall have any personal interast, direct or indirect, in the Agreem�nt, nor shall any
such member, of£'xcial, or eziaployee participate in an� decision relating to the Agreern�nt which affects his
personal interests or the interests of any corporation, liability campany, or association in which he is,
directly or indirectty, interested. No member, offcial, or employee of the City shall be personally liable
to the Developer, or any successor in interest, in the event of any default or breach by the City or County
or far any amount which may beconne due to the Developer ar successor or an any obligations under the
terms of the Agreement.
Section IU.2. Equal Employment O�o�tunitv. The Developer, for itself and its successors and
assigns, agrees that during the construction of the Min�rtum Improver�ents provided for in the Agreement
it wi11 comply with all applicable federaI, state and loca� equal ernployment and non-discrimination laws
and regulations.
Section 10.3. Restrictions on Use. The Developer agrees that, prior to the Maturity Date, the
Developer, az�d such successors and assigns, shall use the Develapment Property solely %r the
development of commercial irrzprovefne:nts in accordance with the terms of this Agr�ement, and shalt not
discriminate upon the basis of race, color, creed, sex or national arigin in the sale, lease, or rental or in the
use or occupancy of the Developrrfent Property, the Minimum Irnprovements, or any irnprov�m�nts
eracted or to be erected thereon, or any part thereof.
Section 10.4. Provisions Not Mer�ed With Deed. None of the provisions of �his Agreement are
intended to ar shall be zxzerged by reason of any deed transferring any interest in the De�elopment
Property a�d any such deed shall not be deamed to affect or impair the provisions and covenants of this
Agreement.
Section 10.5. Titles of Ar�icles and Sections. Any titles of the several parts, Articles, and
Sections of the Agreement are inserted for canvenience 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, dernand, or other communication under the Agreerrient by either party to the ather shall be
sufficiently given or delivered if it is dispatched by registered ar certiiied mail, postage prepaid, ret�.�rn
receipt requested, ar delivered personalIy; and
{a) in the case of the DeveIoper, is addressed to or deIivered personally to the Developer clo
Presbyterian Homes and Services, 2845 Hamline Ave. North, RosevilIe, MN: Attn: Chief Financial
OfFicer.
{b) in the case of the City, is addressed ta or delivered personal�y to the City at City Hall,
1245 Highway 96 W, Arden Hills, MN 55112-5743; Attn: City Administratar
or at suc�a oth;er address with respect to either such party as ti�at party may, fr�m time to time, designate in
wri�ing and forward to the other as provided in this Section.
378990v6 5J�3 AR200-f0 23
Section 10.7. Coun.terparts. This Agreemen� rnay be executed in any number of caunterparts,
each of which shalI constitute one and the same instrumen;t.
Section 10.8. Recardin�. The City may record this Agreement and any axnendments.thereto with
the Ramsey County recorder. The Devatope:r sha11 pay all costs for recording.
�ection 10.9. Termination. This Agreernent terminates on the Maturiiy Date or any eariier date
of termination under Section 9.2{b). Section 8.3 hereof survi�es termination oi the Agreement.
{The remainder of this page is intentionally left blank.)
378990v6 SJB AR200-10 24
IN WITNESS WHEREOF', the City k�as caused this Agreement to be duly executed in its na�x�.e
and behalf and its seal to be hereunto duly affixed and the Developer has caused this AgreeKnent to be
duly executed in its name and behalf as of the date first above written.
CITY OF ARl)EN HILLS, MINNESOTA
By
Its Mayor
By
It� City Administrator
STATE �F MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acktzowledged before me this , 2010 by
and , the Mayor and City Ad�inistrator of the City oi
Arden Hills, Minnesota, on behalf ai th� City.
Notary Fublic
378990v6 SJB AR200-10 S_ 1
PRESBYTERIAN HOMES OF ARDEN H�LLS,
INC.
:
Its Chief Financial Offcer
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing ins#t-ument was acknowledged before me this , 20I0 by Mark
Mey�r, the Chiaf Financial Officer of Presbyterian Homes of Arden Hills, Inc., on behalf of the
corparation.
Notary P�blic
3�as9o�6 sJ6 .�oa-io S_2
SCHEDULE A
DEVELOPMENT PROPERTY
TRIANGLE PARCEL
378990v6 S7B AR200-i0 A-1
SCHEDULE B
CERTIFICATE OF COMPLETYON
The u:�dersigned hereby certifies that PRESBYTERIAN HOMES OF A.RDEN HILLS, INC. {the
"Developer") has fully camplied with its obligations under Articles III and N af that document titled
"Contract for Priva#e Development," dated _, 201Q between the City of Arden Hilts,
Minnesota and the Developer ("Agreemen�"), with respect to construction af the Minimum Improvements
in accordance with Article IV of the Agreement, and that the Developer is released and forever
disck�arged from its obligations with respect to construction of the Minimurn Improvements under Articles
III and N of the Agreement.
Dated: , 2�
:
CITY OF ARDEN HILLS, MINNESOTA
City Representative
378990v6 SJB AR200-10 B_�
SCHEDULE C
AUTHORIZING RESOLUTIQN
CYTY OF ARDEN HiI,LS, MINIVESOTA
RESOLUTiON NO.
RESOLUTION APPROVING CONTRACT FOR PRIVATE
DEVELOPMENT AND AWARDING THE SALE OF, AND
PROVIDING THE FORM, TERMS, COVENANTS AND
DIItECTIONS FOR THE ISSUANCE OF �TS $1,115,OU0 TAX
INCREMENT REVENUE NOTE
BE IT RESOLVED BY the City Council {"Council") of the City of Arden Hills, Minnesata (the
"City") as follows:
Section 1. Authorizatio�: Award of SaIe.
1.01. Authorization. The City has heretofore approved the establisI�ment af Tax �ncrement
Financing District No. 4{t�te "TIF District") within amended Development District No. 1("Project"), anc3
has adopted a iaX increment financing plan for the pu;pose of financing certain improvements within the
Project.
Pursuant to Minnesata Statutes, Section 469.178, the City is authorized to issue and sell its bonds
for the putpose of financing a portion of the public development costs of the Developmen# District. Such
bonds are payable from a11 ar any portion of revenues derived from the TIF District and pledged ta the
payment of the bands. Th� City hereby �nds and determines that it is in the best inteeests of the City that
it issue and se11 its $1,115,000 Tax Increment Revenue N�te (the "Note") for the purpose of financing
certain public costs of the Project.
1.02. A eernent A roved• Issuance Sale and Terms of the Note. The City hereby appraves
the Contract for Frivate Develapment between the City and the Owner (the "Agreement"), and au�horizes
the Mayor and City Administrator to execute such Agreement in substantially t�e form on file with City,
subject t� modifications that do not alter the substance of the transaction and are approved by such
afficials, provided that execution of the Agreement by such of£�icials is canclusive evidence of their
approval. Pursuant to the Agreement, the Note shall be sold to PRESBYTERIAN HOMES OF ARDEN
H�L„L�, INC. (the "Owner") and delivered at the time and subject to the conditions of Section 3.3 of the
Agreement. The Note shall be dated as of the date of delivery and shall bear interest fro:nn the date of
original issue to the earlier of mat�.irity ar prepayment, at the rate that is the lesser of 6.25 percent per
annum, or the true interest cost on the frst series of Housing Revenue Bonds issued to finance the
Minimum Itnprovennents in accordance with Ar�icle VII of the Agreement. The consideration for the sale
of the Note is the payment by the Owner of the Public Development Costs as defined in the Agreement.
Section 2. Form of Note. The Note shall be in substantially the following form, with the blanks
to be properly fiIled in and th;e principal amount and payrrient schedule adjusted as of the date of issue.
378990v6 5JB Aii2Q0-10 C-3
UNITED STATE OF AN�RICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY O�' ARDEN HILLS
No. R-1
$1, I 15,000
TAX INCREMENT REVENUE NOTE
SERIES 20
Rate
Date of Original Issue
% , 20
The City of Arden Hills, Minnesota {tk�e "City"), for value received, certifies that it is indebted
and hereby pramises to pay to PRESBYTERiAN HOMES OF ARDEN HILLS, INC. or registered
assigns (the "Owner"), the principal sum of $ and ta pay inEerest thereon at the rate of
percent per annum, as and to the extent set forth herein. Llnless the co:ntext clearIy requires
otherwise, capitalized te;r:�s in. this Note have the meaning provided in the Contract for Pri�ate
DeveIopment between the City and Owner dated as oF December 13, 2010 (tlae "Agreement").
1. Payments. Principal and interest ("Payments") s�all 6e paid on August 1, 2014 and each
February 1 and August 1 thereafter ("Payment Dates") to and including February 1, 2028, or snch earIier
Payment Date when principal and accrued interest have been paid in fuil, and shalI be made in the
amounts and solely from the sources set forth in Section 3 hereon. Payments shall be applied first to
accrued interest, and then to unpaid p:rincipal.
Payments are payable by mail to the address of the Owner or such other address as the Owner
may desig!nate upon thirty {30) days written notice to the City. Payments on this Note are payable in any
coin or currency of the United States of America which, on the Payme►at Date, is legal tender for the
paynnent of public and private debts.
2. �aterest. Interest at the rate stated herein shall accrue on the unpaid principaI from and
after the date of issue of this Note. Interest accruing from the date of issue thraugh February 1, 2014 will
be compounded semiannually on each Augus� 1 and February I and added to principal. Interest shall be
computed on tlae basis of a 360-day year consisting of tweIve 3U-day rnonths.
3. Available Tax Increment. Payments on this Note on each Pay�nent Date are payable
soIely from and in the amount at' Available Tax Increr�nent. The term "Availabla Tax Increment" means
(a) on �ayment Dates fro� August l, 2U1A througl� February 1, 2019, 90 percent of the Tax Increz�nent
attributable to the Minimum Improvements and Development Property that are paid to the Ciiy by
Ramsey Counry in the six (6) manths preceding the �'ayment Date, and {b) on Payment Dates from
Aug�st 1, 2019 to Febr�ary 1, 202$, 75 percent of the Tax Increment attributable to the Minimum
Improvements and Development Property that are paid to the City by Ramsey County in the six (6)
mon�s �receding the Payment Date.
Available Tax Inerement shaIl not include any Tax Increment if, as of any Payment Date, there is
an uncured Event of Default under the Agreexnent or the Land Devalopment Agreement; any amount of
Available Taac Increment so wit}iheld shall be paid, without interest on the withheld amount, on the next
378990v6 SJB AR200-10 C_,4
Payment Date after the default is cured, unless the Note has been te:rtxzinated in accordance with Section
9.2(b} af the Agreement. Availabie Tax Increment shall also rnot include any Taac Increment if, as of any
Payment Date, there is an outstanding petition or claim #o reduce the market value of the Develop:txaent
Properiy as described in 5ection 6.2(b) of the Agreem�nt; any atnount of Available Tax Incremer�t so
withheld shail be paid, without interest on the withheld amount, on #he next Payment Date after rasotution
of the tax petition or cIaim in accordance with Section 6.2(b) of the Agxeement.
The City shalt have no obligation to pay principal of and interest on this Note on each Payment
Date from any source other than Available T� Ineeem�nt, and shall have na obligation to pay unpaid
baiance oF principal or accrued interest that �nay remain after the Payment on the %nal Payment Date
described in Section 1 hereof.
4. Pre_p�ment. The principal sum and all accrued interest payable under tl�is Note is
prepayable in whoI� or in part at any timie by the City without premium or penalty, and is subject to
deezned prepayment in accordance with Section 3.8 of the Agreemant.
5. Nature of Obligation. This Note is one of an issue in the total principal amount of
$1,11 S,OOQ issued to aid in financing certain public deveIopmettt cosis and administrati�e costs af a
Project undertaken by th� City pursuant to Minnesota Statutes, Sections 469.125 through 469.134, and is
issued pursuant to the Agreement and an authorizing resolution {the "Resolution") duly adopted by the
City on December 13, 2010, and pursuant to and in fuIl canfarmity with the Constitutian and lavvs of the
State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, and the Special Laws.
This Note is a limited obligation of the Ci#y which is payabl� soIely from A�ailable T� Increment
pledged to the payment hereof under the Resolution. This Note and the inteeest hereon shall not be
deemed to constitute a general obligatiori of the State of Minnesota or any poli#ical subdivision thereof,
including, without �imitation, th� City. Neither the State of Minnesota, nor any paliticaI subdivision
thereof shall be obligated to pay the principal of or interest an this Note or other costs incident hereto
except o�t of Available T� Inerernent, and neither the full faith and credit nor the taxing power of the
State of Minnesota or any political subdivision there�i is pledged to i�e payment of the �rincipal of or
interest on this Note ar other cos#s incident hereto.
6. Registration and Transfer. This Note is issuable only as a fully registered note without
coupons. As pravided in tkie Resolution, and subject to certain limitations set far�h therein, this Note is
transferable upon the books of �he City k�pt for tlaat purpose at the principal office oi tha City
Administrator, by thc Owner hereof i� person or by such Owner's a�torney dul� authorized in writing,
upon surrender of this Note together with a written instrument of transfer satisfactory to the City, duly
executed by the Owner. Upon such transfer or exchange and the payment by the Owner of any tax, fee,
or governmental charge required by law to be �aaid by the City with respect to such transfer or exchange,
there will be issued in the name of the trans%ree a new Note of the same aggregate principal amount,
bearing inteeest a� the sam� rate and maturing on the same dates.
This Note shall not be transfe:rred to any person ather than an a�f'iliate, or other related entity, of
the Qwner unless the City has been provided with an opinion of oounsel or a certifcate of the fransferac,
i� a form satisfactory to the City, that such transfer is exerr�pt from registration and prospectus delivery
requirements of federal and applicable state securities laws.
IT IS HEREBY CERTIFI�D AND RECITED that all acts, conditions, and things required by the
Canstitution and (aws of the State of MinnesaYa to be done, to exist, to happen, and #o be per%rmed in
ogder �� make this Note a valid and binding limi�ed obliga#ion of the City accarding to its ter►ns, have
been done, do exist, have happened, and have been performecE in due form, time and manner as so
required.
378990vfi SJB AR200-10 C-5
IN WITNESS WHEREOF, the City Council of the City of Arden Hiils, Minnesota has caused
this Note to be executed with the zn:anual signatures of its Mayor and City Administrator, alI as of the
Date of Original Issue speci�'ied above.
CITY OF ARDEN HTLLS, MINNESOTA
Mayor
City Adrninistrator
REG�STRATTON PROVISIONS
The ownership of the unpaid batance of the withi�z Note is registered in the bond register of the
City Administrator, in the name of the person last listed below.
Date of Signature of
_Registration Registered Owner Ci Administrator
, 2Q^ Presbyterian Homes of Arden
Hills, Inc.
Section 3. Terms, Executio�n and Deliverv.
3A1. Denominatian, Pavzne�at. The Note shall ba issued as a single typewritten note numbered
R-1.
The Not� shall be issuable only ir� fully registered form. Principal af and interest on the Nota
shaIl be payable by check or draft issued by the Registrar described herein.
3.02. Dat_es; Interest Payment Dates. Principal of and interest on the Note shall be payable by
mail to the owner of recard thereof as of the close of business o� the iifteenth day of the month preceding
the Paytx�.ent Date, whether or nat such day is a business day.
3.03. Registration. The City hereby appoints the City Administrator ta perform the functions
of registrar, transfer agent and paying agent (the "Registrar"), The effect of registration and the rights and
duties of the City and the Registrar with respect thereto shall be as foIlows:
{a) Register. The Registrar shalt keep at its office a bond r�gister in which the Registrar
shall provide for tlae registration of ownership of the Note and the registration of transfers and exchanges
of the Nate.
(b} Transfer of Note. Upon surrender far transfer of the Note duly endorsed by the registered
awner �hereof or accompanied by a written instrumen� of iran.sfer, in form reasonably satisiactory to the
378990v6 5JB AR200-10 C_�
Registrar, duly executed by the registerad owner thereo:f or by an attonaey duly autharized by the
registered owner in writing, the Registrar shall authenticate and deliver, in the name ai the designated
transferee ar transferees, a new Note of a like aggregate principal amount and maturity, as requested by
the transferar. Notwithstandi�g the foregoing, the Note shall not be transferred to any person other than
an affilia#e, ar other related entity, af the Owner unless the City has been provided with an opinion of
counsel or a cer�ificate oi the trans%ror, in a form satisfactory to the City, that such transfer is exez�.pt
fram registration and prospectus delivery requirements of federal and app(icable state securities laws.
The Registrar may close the books for regisirati�n of any transfer after the fifteenth day of tkte na:onth
preceding each Payment Date and until such Payment Date.
{c) Cancetlati�n. The Note surrender�d upan any transfer s}�ail 6e proKnptly cancelled by the
Registrar and thereafter disposed of as directed by the City.
(d) Improper or Unauthorized Transfer. When the Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such
Note or separaie instrument of transfer is legally au�horized. The Registrar shall incur no liability for its
refusal, iza good faith, to �x�.a�e transfers which. it, in its judgment, deems improper ar unauthorized.
{e) Persans Deemed Owners. The City and the Registrar may treat the person in whose
name ihe Note is at any time registered in the bond register as the absolute owner of the Note, whether the
Note shall be averdue or not, far the pur�ase of receiving payment of, or on account of, the principal of
and interest on such Note and for all other purposes, and all such payments so made to any such registered
owner or upon the owner's order sha11 be valid and effectual to satisfy and discharge the liabiiity of the
City upon such Note to tf�e ex#ent of the sum or sums so paid.
{� Taxes, Fees and Char es. For every transfer or exchange of the Note, the Registrar may
impose a charge upon the owner thereof suff'icient to reir�burse the Regist�'ar for any ta�t, fee, or other
governmental charge required by Iaw to be paid with respect to such transfer or exchange.
{g} Mutilated, Lost, Stolen or Destraved Note. In case any Note shall becorne m�tilated or
be lost, stolen, or destroyed, the Registrar shall deliver a new Note of like amount, mat�arity dates and
tenor in exchange and s�zbstitution for and upon cancellation of such mutiIated Note or in lieu of and in
substitution for such Note lost, stolen, or destroyed, upon the payment of the reasonable expenses and
charges af the R�gistrar in connection therewith; anc�, in the case the Note is lost, stalen, or destroyed,
upon �ling with the Registrar of evidence satisfactory to i# that such Note was lost, stolen, or destroyed,
and af the awnership ihereo% and upon furc�ishing to the Registrar of an appropriate bond or indamnity in
form, substance, and amount satisfac�ory to it, in which b�th the Ci�y and the Registrar shall be named as
obligaes. The Note sa surrendered to the Registrar shall be cancelled by it and evidence af such
cancellation shall be giv�n to the City. If the mutilated, lost, stolen, or destroyed Note has already
matured or been called £or redemp#ion in accordance with its terms, it shal� not be necessary to issue a
new Note prior to payment.
3 A4. Preparation and DeIiverX. The Note shalI be prepared under the direction of the County
Auditar and shall be �xecuted on behalf of the City by the signatuxes of its Mayor and City Administratar.
In case any o�'ficer whose signature shail appear on the Note shall ce�se to be such off'icer before the
delivery of the Note, such signature shall ne�ertheless be vaIid and sufficient for all purposes, the same as
if such ofiicer had remained in office until delivery. When the Note has been so executed, it shall be
delivered by the City Administrator to the Owner thereof upon closing on acquisitian of the Develapment
Property in accordance with the Agreement.
Section 4. Security �rovisions.
378940vb SJB AR200-10 C_7
__ __
4.01. Pled�e. (a) The City hereby pledges ta the payment oi the principal of and interest on
the Note all Availabl� Tax Inc:rement as defined in the Note. Available Tax Zncrement shali be applied to
paytnent of the principal of and interest on the Note in accordance with the terms o�tha Note.
4.02. Bond Fund. Until the date the Nate is no longer outstanding and no principal thereof or
interest thereon (ta the extent required to be paid pursuant to this resolution) remains unpaid, the City
shall maintain a separate ar►d special "Bond Fund" to be used for no purpose other than the paynaent of
the principal of and interest on the Note. The City irrevocably agees to appropriate to the Bond Fund
upon ar before each paym�nt date all Available Tax Increment. Any Available Tax Increment remaining
in the Bond Pund shall be transferred to the Caty's accouni for TIF' District No. 4 upon the paynrzent of all
principal and interest to be paid with respect to the Note.
4.03. Additianal Obli at�. While the Note is outstanding, the City shall nat pledge or permit
the pledge of all ox any portion of the Available T� Increment to the payment of principal of or interest
on any obligations af the City unless and to the extent sucla pledge is subordinate to the pledge ta the
Note.
Section 5. Certification of �roceedin�s.
5.01. Certification of Procesdin�s. The officers of the City are hereby authorized and directed to
prepare and furnish to the Owner of the Note certificd copzes of all proceedings and records of the City,
and such other affidavits, certificates, and in�ormation as may be required to show the facts reIating to the
legaIity and marketabitity af the Nate as the same appear from the books and records under their custody
and control or as otherwise lcnown to them, and all such certified copies, certificates, and �davits,
including any heretoFore furnished, shalI be deemed representations of the City as to the facts reciied
therein.
Section 6. Effective Date. This resolution shaIl be effective upon full execution o� the
Agreement.
Adopted �his 13�` day of December, 2010.
Mayor
City Administrator
378990�6 SJB AR200-IO c_g
Attachment D
Resolution 2�1 �`�S2
CITY OF ARDEN HII.L�
RAMSEY COUNTY
STATE Ok' NIINNESOTA
Council txaettzber introduced the Following resolution and moved its adoption:
RESOLUTION NO. 2Q10-082
RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT
PRQGRAM FQR DEVELOPMENT DISTRICT NO. 1; AND ESTABLISHING
TAX INCREMENT FINANCING DISTRICT NO. 4 THEREIN AND ADOPTING
A TAX INCREMENT FINANCING PLAN THEREFOR.
BE IT RESOLV�D by the City Council {the "Council") of the City of Arden Hills, Minnesota
(the "City"}, as follows:
Saction 1. Recitals
1.01. The Council has heretofore established Development District No. 1 and adopted tkie
Development Pzogram therefor. Ii has been proposed by the City that the City adopt a Modification to the
Development �'rogrann for Development District Na. 1(the "Development Program Modification") and
establish T� Increment Financing District No. 4(the "District") therein and adopt a Tax Increz�nent
Financing Plan. {the "TIF Plan") therefor {�ie Development Program Modification and the TIF Fla� are
referred to colIectively herein as �the °Program and Plan"); all pursuant ta and in conformity with
applicable law, including Minnesota SEatutes, Sections 469.i24 to 469.134 and Sections 4G9.174 to
4b9.1799, all inclusive, as amended, (the "Act") a�l as reflected in the Program and Plan, and presented
far the Council's consideration.
1.02. The City has investigated the facts relating to the Prograrr� and Plan and has caused the
Progra� and Plan to be prepared.
1.03. The City k�as perfonmed aIl actions required by law to be performed priar ta the
establishment of the District and the adoption and approval of the proposed Program and Plan, including,
but not limited to, notification of Ramsey County and Iz�dependent School District No. 621 h:aving taxing
jurisdiction over the property to be in.cluded in the District, a review of a�n.d written cozr�naent on the
Pragram and Plan by the City Planning Commission on Decetnber 8, 2010, and the holding of a public
hearing upon published notice as required by law.
1.04. Cerkain written reports (the "Repor�s") relating to the �rogram and Plan and to the
activities contemplated therein have heretofore been prepared by staff and consultants and submitteci to
the Council ar�d/or �aaade a part of tlae City files and proceedings on the Program ar�d Plan. The Reports,
including the redevelopment quaIifications reports and planning docunnents, incIude data, information
andlor suhstantiation constituting or relating to the basis for the other findings and determinaiions made in
this resolution. The Council hereby confirms, ratifies and ad4pts the Reports, which are hereby
incorporated into and made as fully a part of this eesolution to the same extent as if set forth in £uli herein.
1.45 The City is additionalIy modifying the boundaries af DeveIopment District No. 1.
Section 2. Findin s for the Ado tion and A roval aithe Develo ment Pro azn Modification.
2.Q1. The Council approves the Development Program Modification, and specificaliy fnds
that: (a) the land within #he Project area as expanded wauld not be available for redevelopment without
the financial aid to be sought under tl�is Development Program; (b) the Development �rogram, as
modified, wiil afford maximum opportunity, consisteni with the needs of the City as a whole, for the
development of the Project by pri�ate enterprise; and (c) that the Development Progratx�, as modified,
conforms to the generai plan for the d�veIoprnent of the City as a whole.
Section 3. Findin s�ar fhe Establishment of Tax Increment Financin District No. 4
3.Q1. The Council hereby finds that the District is in the public interest and is a"renewal and
reno�ation district" under Minnesota Statutes, Section 469.174, Subd. l0a of the Act.
3.02. The Councit further finds that the proposed redevelopment would not occur solely
through private investment within the reasonably fareseeable future and that the incxeased market value of
t�e site th.at could reasonably be expected to occur withou� the use of tax increment �inancing would be
less than the increase in the market �value estimated to result from the proposed development after
subiracting the present value of the projected tax in.crements for the m�imurr� duration of the Dis�rict
permitted by ihe TIF Plan, that the Prograzn and Plan con%rm to the general plan for the development or
redevelopment of the City as a whale; and that the Program and Plan will afford m�imum op�ortunity,
cansistent with the sound needs oi the City as a whole, for tk�e development or redevelopment of
Developme�t District Na. 1 by private entexprise.
3.03. The Cauncil further fmds, dec[ares and detenmines that the City �nade the above findings
stated in this Section and has set forth the reasons and supporting facts far each deierminatian in writing,
attached hereto as Exhibit A.
3.04. The City e�ects to calculate fiscal disparities for the District in accordance with Saction
469.177, Subd. 3, paragraph b oithe Act, which means the fiscal dispari�ies contribution would be taken
from inside the District.
Section 4. Public Pu�ose
4.01. The adaption of the Program and Plan conforms in all respects to the requirements oi the
Act and will help fu1fill a need to develop an area of the City which is already built up, to provide
employment opportunities, to improve the tax base and to iznprove the general economy oithe State and
thereby serves a public purpose. For the reasons described in Ex,�ibit A, the City believes these bene�ts
directly derive fro�tn the tax increment assistance provided under the TIF Pian. A priva�e developer will
receiv� only the assistance needed to make this developmen� fi�tancially feasible. As such, any private
benefits received by a developer are incidental and da not outweigh the prirnary public benefits.
Section 5. A roval and Ado tion of the Pro am a�d Plan
5 A i. The Pragram and Plan, as presented to the Council on this date, including without
limitation �he findings and statcmez�ts of objectives contained therein, are hereby approved, ratified,
established, and adopted an.d shali be placed on file in the affice of the City Administrator.
5.02. The staff of the City, the City's advisors and legal counsel axe authorized and directed to
proceed with the implemen.tation of the Program and Pian and �a negotiate, draft, prepare arld present to
this Council for its consideration all furtner plans, resolutions, documents and contracts necessary for this
_ ........ .........................
purpose.
5.03 The Auditor of Ramsey County is requested to certify the original net tax capacity of the
District, as described in the Program and Plan, and to certify in each year thereafter the amount by which
the original net tax ca�acity has increased or decreased; and the City is authorized and directed to
forthwi#h transmit this request ta the County Auditor in such form and content as the Aucfitor may
specify, together with a list of all properties within the District for wlaich building permits have been
issued during the 18 months itn.nnediately preceding the adoption o�this resolution.
5.04. Tk�e City Administrator is further authorized and directed to file a copy of the Program
and Plan with the Commissioner o� the Minnesota Department of Revenue and the Office of the State
Auditor puxsuant to Section 4b9.175, Subd. 4a of the Act.
The motian for the adoption of the foregoing resolution was duly seconded by Council member
, and upon a vote being taken thereon, the following voted in favor thereof:
and the foliowing voted against the same:
Dated: Decerr►ber 13, 2010
ATTEST:
Mayor
City Administrator
{Seal)
_
EXHISTT A
RESQLUTION NO. 2010-082
The reasons and facts supporting the findings for the adoption of the Tax Incre�nent Financing Plan (T�F Plan)
for TaY Incre�nent Financing District Na. 4(Dist�rict), pursuan# to Minnesota Statutes, Sections 469.174 through
469.1799, all inclusive, as amended {Act), as required by Section 4b9.175, Subdivision 3 of the Act, are as
follows:
Finding that Tax Increment Frnancrng District No. 4 is a renewal and renovation distt�ict as defined in
Section 4b9.174, Subdivision 1 Da of the Act.
The District consists of twa parcels and three buildings, with plans to eedevelap the area for senior housing
purposes. At least 7d percent of the area of th.e parcels in the District are occupied by buildings, streets,
utilities, paved or gra�el parking lots or other sirriilar structur�s. One building {more than 24 percent of the
buildings in ihe Distric#}, is structurally substandard as defined in the Ac�, and one building (more than 30
percent of the buiidings in the District} requires substantia� renovation or clearance to remove existing
conditions, such as those existing conditions defined in the Act. (See Appendix F of the TIF Plan.)
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur salely through private investment within the reasonably foreseeable future and that the
increased market value of the site that could reasonably be expected ta occur wathout the use af tax
increment ftnancing would be less than the increase in the market value estrraated to result from the
pYoposed development after subtracting the present value of the projected tax incYements far the mpximum
duratian of the District permitted by the TIF Plan.
The proposed develapment, in the opinion of the City, would not reasonably be expected to occur solely
through private investment within the reasonably foreseeable future: This finding is supported by the fact
that the redeveiopment proposed in the TIF Plan meets �he City's abjectives for redevelopment. There are
higher costs associated with redevelaping the site d�e to accor�modating existing residents in their current
units until the new facility is cans�c-ucted; relocating existing residents to the new facility; and site
constraints reiated to topography, grading, ciemolitian and utilities fog constructing the new facility adjacent
to the existing iacility. In additian, increased landscaping will be reyu�red to provid� an adequate buffer
and screening from the adjacent single-fatn.ily homes. Due to these higb.er costs of redeveIopment on the
parcels this project is feasible only through assistance, in part, from taz� increment financing. The
developer was asked for and provided a letter and a profox-nna as justification that the developer would nat
have gone forward without tax increment assistance. (See attachment in Appendix G of the T1F Plan.)
The irzcreased market value of the site that could reasonably be expected to occur without the use of tcrx
inerement financing would be less than the increase in market vadue estimated to result from the proposed
development after subtracting the present value of the projected tax increments for the mmrimum duration
of the Dtstrict permitted hy the TIF Plan: The above finding explained why t11e proposed redevelopznent
would not likely occur witl�out tax increment assistance. I� is possible that some redevelopment oi the
existin.g senior housing complex would go forward without assist�ce, but the unique costs of this efFort
{described above) rnean that without assistance, any atternative redevelapment would necessarily be carried
out at a smaller scale, and most likely over a Ionger period of tima. I# is impossible to predict what an
alternative market value would be if no tax incretx�.ent assistance were provided, but it is certain that the
alternative redevelopment would produce signifcan�ly less value than the comprehensive, high quality
developnnent that is proposed under the TIF Plan. There is no reasonable likelihood that an alternate,
unassisted deveiopm.en�t would add as much as $9,972,625 in mar�Cet value (whic� is the alternate threshold
noted below).
Therefore, the City concludes as follows:
a. The City's estimate ai the amaunt by which the market value of the entire District will increase
without the use of tax increment financing is an amount less �an the a�nae�nt described in clause d
below.
b. If th� praposed development occurs, the totaI increase in �r►arket va€ue wi�l be $12,b23,b00 (see
Appendices D and G of the TIF Plan)
c. The present value of tax increments from the DisErict for the m�imum dura�ion of the District
permitted by the TIF Plan is estimated to be $2,650,975 {see Appendices D and G o��he TIF Platz).
d. Even if some development other than the praposed development were to occur, the Council finds that
no alternative would occur that would produce a market value increase greater tl�an $9,972,625 (the
amount in clause b less the amount in clause c without tax increment assistance.
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 TlF Plan conforzns to the general
developrnant plan af the City.
4. Finding that the TIF Plan for the Distrfct will afford maximum opportunity, consistent wrth the sound needs
af the City as a whole, for the development or redevelopment of Development District No. 1 by private
enterprise.
The project to be assisted by the District will resalt in the redevelopment of substandard properties,
increase the availability of sa% and decent liFe-cycle housing in the City, increase the t� base of the State
and add a high quality development to the City.
Attachnnent E
Mod�f�cat�on to the Development
Program for Development
District No. 1
DRf1FT F'OR PUBLIC h'Ei�RING: '
MODIFICATION TO THE DEVELOPMENT PROGRAM
FOR DEVELOPMENT DISTRICT NO. 1
C�TY OF ARDEN HILLS
R.AMSEY COUNTY
STATE OF MINNESOTA
'� �� �l�L�
Adopted:
Modification No. 1:
Modificafiion No. 2:
Modification No. 3:
Modi€ication No. �F:
EI�LE��
LEAilERS IPI PUBLIC FIHNNCf
June 26, 1989
Apri126, 1993
May 27, 1997
December 14, 20�9
Dece�xj.ber 13, 2010
�repared by: �HL�RS & ASSOC[ATES, lI�C.
3460 Centre Pointe Dr9ve, Rose�ille, Minnesota 551 1 3-1 1 05
651-697-8500 fax: 651-697-8555 www.ehlers-inc.corn
MUNICIPAI� ACTION TAKEN
Based upon the statutory authority descrihed in ttae Development Program at�ached hereto, the public
purpose fndings by tt�e City Council and for the purpose of fuliilling the City's develop�nent objectives as
set forth in the Develapment Program, the City Council has created, established and designated De�elopment
District No. 1 pursuant to and in accordar�ce with the requirements of Minnesota Statutes, Sections 469.124
through �69.13�F.
The following municipal action was taken in connection therewith:
June 26. 1989: The Development Program for Development District Na 1 was adapted by th� City Council.
Atoril 26, 1993: The Develppment Program far Development District Na. 1 was modified by the City
Council.
May 27. 1997: The Development Program for Development District Na.I was modified to expand the
boundaries and revise the budget and project costs.
December 14, 2009: The Development Program for Development District No. 1 was nnodified by the City
Council.
December 13. 2�O10: Ti�e Development Pragram for Deveioptnent District No.1 was modi�ed io
eazpand the boundaries and revise the budget and pro,ject costs.
The follqwing municipal action was taken with regard to the Tax Increment Financing District(s) located
within Develop�ent District No. 1:
Tax Increment Financin District No. 1 Economic District - Round I,ake Housin :
June 26 1989: The Tax Increment Financing Plan for Tax Increment Financing District No. 1 was adopted by
the City CounciI.
Ma�27 1_997: The Tax Increment Financing Plan for Tax Increment k'inancing District No. 1 was modified
by the City Council to revise the budget and project costs.
Tax Increment �inancin District No. 2 Redevelo ment District Round Lake O�£ice Park :
June 26 1989: The Ta�c Increment Financing Plan. for Tax Increment Financing District No. 2 was adopted by
the City Cauncil.
April 26, 1993: The Modified Development Program for Development District No. 1 was approved by the
City Council.
May 27, 1997: The Tax Fncrement Financing Plar� for Tax Increment Financing District No. 2 was modified
by the City Counci! to re�ise the budget and project casts.
The folIawing municipal action was taken with regard to Tax Increment Financing District No. 3 located
within Development District No. I:
Tax Increment Financin District No. 3 Housin District -Cof�a e Lifes les Housin :
At�ril 26 I993: The T� Incrernent Financing PIan for Tax Increment Financing District No. 3 was adopted
by the City Council.
Mav 27, 1997: The Ta�c Increment Financing Plan for Tax Increment Fiaancing District No. 3 was modified
by the Ci#y Council to revise the budget and project costs.
December 1�4, 2009: The Tax Increment Financing Plani for Tax Increment Financing Districi No. 3 was
modified by the City Council to extend the duration of the district ta its statutory ma�cimum and revise the
budget and project costs.
Tax Incre�ent Financin� D�strict No. 4{Renewal and Renovation District —PresbYterian Homesl;
December 13. 2010: The Tax InCrement Financing Plan for Tax Increment F�nanci�ng District No. 4
was adopted by the City Council.
__
__
_
aRTzc�.,E r
MODIFIED
DEVEL4PMENT PROGRAM FOR
DEVELOPMENT DISTRICT NO. 1
(MAY 27, 1997)
Background
This document was prepared to tnodify the Developrnent Program ihat was adopted by the City Council on
June 26, 19$9 and modif�ed an April 26, 1993. On June 26, 1489, the City of Arden Hills, Minnesota
adopted a Development Program. The changes herein are intended to supplernent the existing DeveIopment
Program and modifications on file with the City ofArden Hills.
Introduction to May 27, 1997 Modifications
The following text represents a modification to the Developrr�en# Program for Developmen# District No. 1
("Deveioptnent District No. 1"). Generally, the substantive changes include changes tp Development Disttict
No. 1 boundaries and budget modifications to tl�e Tax 3ncrement Financing Plans far T� Increment
�`inancing Districts Nos. l, 2, and 3.
For further information, a review of the Development Program for Development District No. 1, adopted June
2b, 19&9, and modified on April 26, 1993; the Tax Tncrement Financing Ylans for Tax Increment Financing
Districts Nos. 1 and 2, adopted 7une 26, 1989, and the Tax Increment Financing Plan for Tax Increment
Financing District Na. 3 adopted April 26, 1993, is recommended. They are avaiIable frorr► the City
Administrator's off ce of the City of Arden Hills.
Section 1.1. De�nitions. Th� terms defin�d below shall, for gurposes of this Developrnent Prograzr►, h�ave the
meanings herein specified, unless the context otherwise specifically requires:
"C�" means the City of Arden Hills, a municipal corporation and political subdivision of the State
of Minnesota.
"Coz��preh�nsive Plan" means the City's Compreh.ensiva Plan which corztains the objectives, policies,
standards and programs to guide public and private land use, development, redevelopznent and presez•vat�on
for all lands and water within the City.
"CounciI" means the City Council of the City. "County" means the Caunty af Ramsey, Minnesota.
"Develo ment District" means the City's Developrizent District No. 1 as defined in Minnesota
Statutes, Section 4b9.125, Subdivision 4.
"Development District Act" means the statutory pro�isions of Minnesota Statutes, Section 469.124
througk► 469.134, inclusive, as amended and suppleznented fram time to time.
"Development Program" means the Developmen� Prograrr� for the Development District, adopted by
the City Couticil on June 26, 1989, as defined in Minnesota �tatutes, Section �69.125, Subdivision 5.
"Governing BodX" means the City Council of �he City.
"i,and Use Re�ulations" means all €ederal, state ar►d local laws, rules, regulations, ardinances and
plans relating to or gaverning the use or development of land in the City, including but not limited to
environmental, zoning and building code laws and regulations.
"Project" tneans De�elopment District No. l, the public impravements and facilities to be
consiructed within Deveiopment District No. 1, as more fi�lly described in Section L5. of the Development
Program.
"Proiect Area° �neans the real property located within tF�e geographic boundaries of De�elopment
DistrictNo. i.
°Public Costs" means the casts eligible to be �inanced by tax increments under Minnesota Statutes,
Section 469.1`76, Subdivision 4.
"State" means the State of Minnesota.
"Tax Increment Bonds" means any general obIigatian ar re�enue tax incremen� bonds issued and to
b� issued by the City to finar�ce the public costs associated with Development District No. 1 as stated in the
De�elopment Prograrn and in the Taaz Increinent Financing Plan for each Tax Increment Financing District
within De�elopzxaent District No. 1. The term "Tax Increzx�ent Bonds" shall also includ� any obIigations
issued to refund the Tax Increment Bonds.
"Tax Increment Financin District" means any Tax Increment Financing District presently
established or to be established in the future within Development District No. 1.
"Tax Increment Financin Act" nneans the statutory provisions of Minnesota Statutes, Section
469.174 through 464.179, inclusive, as amended and supplemented from to time.
"Tax Incrernent Finat�cin Plan" rneans the respective T� Increment Financing Plan for each Tax
Increment Financing District located within Development District No. 1.
Section 1.2. Staters�ent and Finding of Public Purpose. The City Council (the "Cauncil") af the
City of Arden Hills, Minnesota (the "City"} has de�ermined there is a need for the City to take certain actions
designed to encourage, ensure and faciiitate development and redeveiopment by the private sector of
underutilized and unused land located within the corporate limits of the City in order to provide additional
employment opportunities for residents of the City and the surrounding area, to improve the tax base of the
City, the County and Independent 5chool Dis�rict No. 621 {tt�e "School District") thereby enabling them io
bet�er utilize existing public facilities and provide needed pubtic services, and to improve t�►e general
economy of the City, the County and the State. Specifically, the City has d�terrnineci that the pz-operty within
Development District No. 1 is either underutilized or unused due to a varieiy of factors which has resulted in
a lack of private investment. As a result, the property is not providing adequate employment opportunities,
and is not contributing to the tax base and general economy of the City, �he School District, the County and
the State to its fizll potential.
Therefore, the City has determis�ed to exercise its authority to develop, implement and finance a
program for improving De�elopment District No. i within the City to provide an impetus for pri�ate
development a�d redevelopzr►ent, ta maintain and increase employment, to uiilize existing potential and to
provide other facilities as are outlined in Sectio� 1.4. of the Development Program.
The City has also determined that the proposed deveIopment or redevelpprnent would not occur
salely through private investment in the foreseeable future; that the Taac Iz►crement Financing Plans proposed
herein a�re consistent with the Daveloprnent Program; and �hat the Tax Increment Financing Plans will afford
ma�cimum opportunity consistent with the sound needs of the municipality a,s a whole for the development or
redevelopment of Development District No. 1 by private enterprise.
The City fnds that the welfa�re of the City as well as the State of Minnesota requires active
promotion, attractipn, encouragement anc� de�elopment of economically sound housing, industry and
commiezce to carry out its stated public purpose objectives.
Section 13. Statutory Authoritv. The City has determined that is desirable and in the _public
interesi to designate a specific area within the corporate limits of the City as Development District No. 1 and
ta establish, de�elop and impienrient a Development Program pursuant to the provisions of Minnesota
Statutes, Section 469.124 through 469.134, inclusive, as amended and suppler�ented froan tizne ta time, (the
"Developrr►ent District Act").
Funding of the necessary activities and impro�ements sn Development Dzstrict No. 1 shall be accomplished
tt�rough � increment financing in accordance wi#h Minnesota 5tatutes, Sections 469. i 74 through 459.179,
inclusive, as amended az�d supplemented from tinne to time, {the "Tax Increment Financing Act"}.
The City has designated a specific area within the corporate limits of the City as Develop�nent District No. 1
as authorized by Minnesota Statu�es, Sections 469,124 through �59.134, inclusi�e, as amended and
supplexnented from tirne to time. Within Development District Na. 1, the City plans to undertake one (1)
Redevelopment District and one (1} Economic District as types of Tax Increment Financing Districts
established pursuant to Minnesota Stai�tes, Section 469174, �ubdivisions 10, 12.
Section 1.4. Statement af Oblectives. The City has determined that the establishment of
Develqpment District No. 1 will provide the City with the ability to achie�e certain public purpose goals not
otherwise obtainable in the foreseeable future wi#hout City intervention in the noz�mal de�elopment or
redevelopment process. The public purpase goals include: restoration and improvement of the tax base and
tax revenue generating capacity of Development District No. 1; increased employment opporEunities;
realizatio� of comprehensi�e pianning goals; removal of biighted conditions; revitalization of the property
within DeveIopment District Na. i to create an attractive, comfortable, convenient, and efficient area far
housing, indus�rial, commercial, and relaCed uses.
The Counczl seeks to achieve the following Development Program objectives:
1, Protnote and secuz-e the prampt development ar rede�elopment of certain property in
Development District No. 1, which property is not now in productive use or in its highest and best use, in a
manner consistent with the City's Comprehensi�e P�an and with a mini�num ad�erse im�act an the
environment, and thereby promote and secure tk�e developmen� of other iand in the City.
2. Promote and secure additional ampioyment opportunities within Develop�nent District No. 1
and the City for residents of the City and th.e surrounding area, thereby improving iiving standards, reducing
unemploymen# and the loss of skilled and unskilled iabor and other huma� resources in the City.
3. Secure the increase of property subject to taxation by ihe City, the School Districf, the County,
and other taxing jurisdictions in order to better enable such entities to pay for governmental services and
programs required to be provided by them.
4. Provide for the financing and construction of public improvernents in and adjacent to
Development Districi No. 1 necessary for the orc�erly and beneficial developtr�ent or redevelopmertt of
Development District No. 1 and adjacent areas of the Czty.
5. Promote the concentration of new desirable resider►tia1, comrnercial, ofiice, and other
appropriate developr►�ent ar redevelopment in Developmer�t District No. 1 so as to maintain the area in a
znanner compatible with its accessibility and prominence in the City.
6. Encourage local business expansion, improvement, development or redevelopment whene�er
possible.
7. Create a d�sirabl� and unique character within D�velopm�nt Dzstrict No. I through c�uality
land use alternatives and design quality in new and remadeled buildings.
S. Encourage and provide maximum opportanity for private developtnent or redevelopment of
existing areas and structures which are compatible with the Development Program.
9. Provide zental housing for low azid moderate iz►conr�e indzvzduals and faz�nilzes to increase
housing opportunities wi#hin the City, diversify the econornic development in, and encourage arderly and
beneficia! developnnez�t of, Developrr�.ent D'zst�rict No. 1
(AS MODIFIED DECEMBER I4, 2009)
10. Provide the impetus for the development and rede�elopment of housing by private enterprise
consistent with the goals of the City.
11. To attempt to pzovide housing consistent with the policies, present and future hausing needs
and housi�g implementation programs of the City.
12. Encourage housing rehabilitation by directing appropriate resources to targeted neighbarhoods.
13. Elinr►inate land use canflicts as ideatified in existing City p�ans.
14. Develop housing opportunzties for mar�Cet segments under-served in the City.
15. Acquire blighted, deteriorated or underutilized property for rehabilitation or clearance and
redeveIopment.
Section 1.5. Estimated Public Costs. The estimated costs of the public improvennents ta be made
within Development District No. 1 and financed by tax incrernents deri�ed from Tax Increment Fi�ancing
Districts within Deaelopment District No. 1 are described on the attached Exhibit I-A.
{AS MODiFIBD MAY 27, 1997)
The estimated costs of the public improvements to be made within Develogment District No. 1 and
financed by tax increments deri�ed from the Tax Increment Financing Districts within Development District
No. l are descri�ed on the attached Exhibit I-A atid in each Tax Increment Financing Plan.
(AS MODIFIED DECEMBER 13, 2010)
The estimated costs of the public improvements to be made within Development District No. 1
and financed by tax increments derived froEn the Tax Increnrkenf �inancing Districts within
Developnae�E District No. i are described on the attached Exhibit I-A and in each Tax Increment
Financing Plan.
Section l.fi. Environmental Control. The proposed development or red�veloprnent in
Development District No. 1 does not present significant environinentai concerns. All municipa� actions,
public improvements and private developnnent ar redevelopment shall be carried out in a manner consistent
with existing environmental standards.
Section 1.7. Administration and Maintenance. Maintenar►ce and op�ration of the public
improvements will be the responsibiIity of the City Administrator who shall also serve as Administrator of
Development District No. 1. The powers, duties and responsibilities of the Adrninistrator are spelled atit in
tf�e Administrative Guide for the Administration of the Development Program for Development District No.
f, attached hereto as Appendix A. Each year the Administrator will submit to the Couneil the maintenance
an.d operation budget for the foiiowing year.
The Adtninistrator will adrninister Development District No. I pursuant to the provisions of the
Development District Act and the Tax Increment Financing Act; provided, however, thai such powers may
only be exercised at the direction of the City. No action talcen by the Administrator pursuant to the abov�-
mentioned powers shall be effective without autharization by the City.
Section 1.8. Rehabilitation. Owners of properties within Develapment District No. 1 will be
encouraged to rehabi�ztate their properties to conforrn with the applicable state and Iocal codes and
ordinances, as well as any design stanciards. Owners of properties who purchase property witi�►in
Development Disirict No. 1 irom the City may be required to rehabilitate their praperties as a condition of
sale of 1and. The City wi�I provide such rehabilitation assistance as may be avaiIable fronn �ederal, state, or
local sources.
A de�eloper or redeveloper may be any person, business, cozporation or government unit, including
tk�e City. A developer or redeveloper may initiate a plan and participate with the City in the developrnent or
redevelopment th�reof.
Section 1.9. Relocation. The City accepts its responsibility for providing for relocation, if and
when appIicable, puesuant to Minnesota Statutes, Section �69.030.
Section 1.14. Bo�daries. The parcels included within Development Dis�rict No. I are described
on the attached Exhibit I-B and the boundaries of De�elopzx�ent District No. 1 are illustrated vn Exhibit I-C.
{AS MODIFiED MAY 27, 1997)
This modification of Development District No. 1 is to increase the District boundaries to add a small
area of property beiween two existing areas of the Development District and to clarify that the boundaries
include all internal and adjacent streets and rights-of-way. The boundaries of Development District No. 1 are
described on the attached Exhibit I-B and illustrated on Exhibit I-C.
(AS MODIFIED DECEMB�R 13, 201Q)
The City has determined a need to expan� Deve�opment District No. 1 as described in Exhibit
I-B, inclndir�g all rights-of ways. A map of Develppment Distric# No. 1 is i[lustrated in Exhibit I-C.
The expansio� is needed to address ele�nents of blight a�d conditions that lead to the eme�-gence of
blight in additional areas of the City. Specifically, fhe City finds the following conditions within tl�e
expanded Deve[op�nent District:
a. Much af the housing in the added area is aging and may need rehabilitatian,
improve�ent or redevelopment in order to maintain vitality and tax base.
b. Indnstrial portions of the ex�anded area are generally aging az�dlor underutilitized and
create the �otential for bligh# if not addressed.
c. Major roadways in residential areas and connmercial areas create conditions that may
impair values and lead to long-term declines if not addressed.
Section 1.11, Parceis to be A�C uired. Parcels which rnay be acquired in whole or in part are
described on the attached Exhibit I-D.
{AS MODIFIED MAY 27, 1997)
Parceis which may be acquired in whole or in part are described on the attached Exhibit I-D.
(AS MODIF'IED DECEM�ER 13, 2010)
The City may acq�ire and reconvey any parcels identified in �xhibit I-B, I-C and i-D of the
Development Pragram as mociified previously and as �odified an December l3, 2010, including
interior and adjacent street rights of way.
EXHIBIT I-A
ESTIMATED PUBLIC COSTS
AS OF JUNE 26, 1989
TAX INCREMENT FINANCING DISTRICT NO. 1
Round Lake Park and Trail Development
Adminzstxation. Expense
Tatal
Maximum Estima#ed TotaI Banded Indebtedness*
$215,000
48,833
$263,833
$345,000
*This amount includes capitalized interest in an amount sufficient to pay interest on the bonds from the date of
issue untiI the date of collection of suf�ciez►t tax zncz-ement revenue io meet scheduled interest payments
when due.
AS OF JUNE 26, 1989
TAX INCREMENT FINANCING DISTRICT NO. 2
Land Acquisition, Demolition, Relocation 14th Street N.E.
Bridga Construction
Road Improvements {including Highway #96 ingresslegress,
lanscaping, boulevards, curb and gutter}
Additional Road Improvements (incIuding sanitary sewer, storm
sewer, water extensions)
Administrative Expense Total
Total
Maximum estimated TotaI �onded Inde6tedness
$10,500,004
600,000
1,700,040
500,000
838,938
$14,138,938
$18,380,040
* This amouni includ�s capitalized interest in an amount sufficient to pay in#erest on the bonds frorn the date
of issue untzl the date of collection of sufficient tax inerement revenue to meet scheduled interest paymen.ts
when due.
_ _ ...... . ..
_ _ _ _ _ _
AS O�' APRIL 26, 1993
TAX 1NCREMENT FINANCING DISTRICT NO. 3
Land
Excavation/grading
�.andscapinglsod-lawn sprinkiers
Curblgutter
Site concrete {founda#ion and slab)
Site utilities
�ifuminous pa�ing/stripping
Site/electrical
Financing costs @ 3.8%,
Total, Est
Administrative Expense, Est.
15 yrs.
$ I96,000
125,000
50,000
12,000
213,000
42,�OQ
I7,000
12,000
131,000
$798,000
$ 95,895
(AS M4D1'FIED DECEMBER 14, .2009)
The Develogrr►ent District budget equals all the budgets of all tax increment financing plans adopted ar�d any
future tax increment financing p�ans adapted. The current budgets of each � increment district is included
in the individual plan for the district.
(AS MODIF�ED DECEMBER 13, 20I0)
TAX INCREMENT F�NANCING D�STRICT NO. 4
USES OF TAX INCREMENT FUNDS
LandBuilding Acquisition
Site Improveinents/Preparatian
Pablic iTtili�ies
Streets and Sidewalks
Administrafive Costs u ta 10%
PROJECT COST TOTAL
Tntere�t
PROdECT AND INTER�ST CO5T5 TOTAL
TOTAL
$�fl0,000
$1,800,000
$400,OOU
$177,289
$3fi7�801
$2,845,U90
�
$3,778,41.2
The Development District budget equals all the budgets of all tax increment financing plans adopted
and any future tax increment �nancing plans adopted. The carrent budgets of cach tax increme►�t
district is included in the individual ptan for the district.
_. _ __ _ __ _ _ _ _ _ _ _
EXHIBIT I-B
BOiJNDARIES OF DEVELOPMENT DISTRICT NO. 1
AND TAX INCREMENT �'INANCING DISTRICTS NO. 1, 2 AND 3
NF � / 4 . Stisi 1 /� . Sec� . _7_`6
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(AS M4DIFIED MAY 27, 2009)
Corz�mencing at the Northwest corner of Section 9, Township 30, Range 23, Ramsey County, Minn�sota,
said Northwest corner also being the Northwesi corner of tkie corporate limits of the City of Arden Hills;
thence easterly along the North line of said Section R, said North line alsa being the centerline of Cou�nfy
Highway I as currently laid out and described, to its intersection with the North Quarter corner of said
5ection 9; tk►ence Southerly along the East line oFthe West Half of said S�ction 9 to the North Quarter corner
of Section lb, Towaship 30, Range 23; thence �outhezly aiong the East line af the West half of said Section
16 to its intersection with the easterly right-of way line of State Hxghway 10, as currently laid out and
described; thence Southeasterly along the easterly right-of way line of said State Hzghway 10 to Point A;
thence from said Point A, North 52 degrees Eas# a distance of 284.82 feet; thence South 89 degz-ees, 46
minutes, 40 seconds East a distance of 238 feet to the Eas#erly right-of-way line of North Snelling A�enue,
as currently laid out and described; thence Southerly a�ong the Easterly right-of-way line of said North
Snelling Avenue to it intersection with the Northeastezly right-of-way line of Interstate 694/State Highway
10, as currently laid out and described; thence alang the Noriheasterly riglrt-o� way line of said Interstate
6941State Highway 10 to its interseciion with the Westerly right-o� way line of Hamline Avenue, as currentIy
laid out and described; thence Nor�herly aIong said Hamline A�enue to Point B; thence from said Point B,
North 89 degrees, 50 minutes, 22 seconds East a distance af 66 feet to the Southwest corner of Lot 5, Block 1
of the Ramsey County Plat of Arden Lake Knoll; thence South 84 degrees, 24 minutes, 32 seconds Eas# a
dista,nce oF 272.10 feet to the Souiheast corner of Lot 4 of said Block 1 of Arden Lake Knoll; thence North
40 degrees, 33 rr►inutes West a distance of 1,Q92A5 feet; thence South 89 degrees, 48 minut�s East a distance
of 273.46 feet to the Southeast corner of I.,ot 2, Block 3 of the Ramsey County Plat of Karth Lake South;
thence North 0 degrees, 3 minutes, 28 seconds West a distance of 627.09 fee� to the Northeast corner of Lot
1, Block 2 of the Ramsey Coun.ty Plat af Kar�h Lake South; thence East a distance of 30 feet to the West plat
line of sazd plat of Karth Lake South, said Wes� plat line also being the East �,ine af the Northwest Quarter of
the Southeast Quarter of �ectiqn 22, Township 30, Range 23; thence North 0 degrees, 03 minutes, 28
seconds West a distance of 226.71 feet to the Northeast corner of Lot 1, Bloc� 1 of said plat of Karth Lake
South; thence continuing Northerly along the West line of the Southeast Quarter of #he Northeast Q�arter of
said Section 22 to the West Quarter corner oi said Southeast Quarier of No�kheast Quarter of Section 22;
thence Easterly along the North line of the South half of the said Southeast Quarter of Northeast Quarter of
Section 22 to the East Quarter corner of the said Southeast Quarter of Northeast Quarter of Section 22, said
East Quarter corner alsa being located on the centerline of the right-of-way for Lexington Avenue as
currently laid out and described, and said centeriine also being the Easterly corparate Iimits of the Cify of
Arden Hilis; thence Southerly along said centerline of LexingEon Avenue right-of-way to its intersection with
th� centerline of the Harriei Avenue right-af-way as currer�tly laid out and described; thence Westerly along
the centerline of Harriet Avenue righi-of-way to its intersection with the centerline of the Pine Tree Drive
right-of-way as currently laid out and described; thence Northerly along the centerline of the Pine Tree Drive
right-af-way to its intersection with the centerline of the County Road E right-of way, as currently laid out
and described; thence Westerly along the said centerline of the County Road E right-of-way to the So�th
Quarter carner of Section 27, Township 30, Range 23; thence Northerly alang #he East line oFthe Southwest
Quarter of said Section 27 to the Northeast corner of said Southwest Quarter of Section 27; thence Westerly
along the North line of said Southwest Quarter of Section 27 to the WesterIy right-of-way line of State
Highway 51, as currently laid out and described; thence Northerly along said Westerly right-of-way line of
State Highway S 1 to i�.s intersectian witk► the Southerly right-of-way line of Interstate 694/State Highway 10,
as currently laid o�t and described; thence Westerly along said Southerly right-of-way line of Inters�ate
694/Stage Highway 10 to its intersection with the East line of the Southwest Quarter of Section 21,
Township 30, Range 23; thence Southerly along said East line of said Southwest Quarter of Section 21 to the
centerline of the County Road F right-of-way, as currenily laid out and described; thence Westerly along the
said centerline of the Counfy Road F right-of-way to its intersection with the East line of the So�thwest
Quarter of said Southwest Quarter; thence Southerly along said East line to the Northeast corner of the
Northwest Quarter af the Northwest Quarter af Section 28, Townshi� 30, Range 23; thence SoutherIy along
the East line of the Westerly Quarter of said Section 28 to its intersection with the centerline of tk►e
Minneapoiis, St. Paul, and Sault Saint Marie Railroad right-of-way, as currently laid out and described;
thence Westerly along sazd centerline of the Minneapolis, St. Panl, and Sault Saint Marie Railroad right-of
way to its intersection with the centerline of ti�e Inters�ate 35W right-of-way, as currently Iaid out and
described, said centerline aiso being the Westerly corporate limits of the City of Arden Hills; thence
Noriherly a�ong said centerline af Intersiate 35W right-of-way to its intersection with the West Iine of
Sectian 16, Township 30, Range 23, said West line also being �he Westerly corporate limits of the City of
Arden Hi11s; thence Northerly along the said West Line to the Southwest corner of Section 9, Township 30,
Range 23; thence Northerly along the West line of said S�ction 9 to the Northwest corner of said Section 9,
said West Line also being the Westerly co�porate limits of the City af Arden Hilis, and also being the point
of beginning and th.ere terminating.
POINT A
Cammencing at the East Quarter cornee of Sectian 21, Township 30, Range 23, Ramsey County, Minnesota;
thence Northerly along the East line of said Section 21, said East line also being #he centerline af North
Snellzng Avenue, as currently laid out and desc�ibed, a distance of 8b2 feet; th�nce Narth 89 degrees, 46
minutes, 40 seconds West a distance of 205 feet; thence South 52 degrees West a distance of 284.82 to said
Point A and there terminating, said Point A lying on the Easterly right-of-way line aF Highway 10, as
currently laid out and described.
P4INT B
Commencing at the Southwes� comer of the Ramsey County plat of Arden Lake Knoil, said 5outhwest
corner alsa being the centeriine of the Hamline Avenue right-of-way, as currently Iaid ou� and described;
thence South 89 degrees, 50 minutes, 22 seconds West a distance of 33 feet to said Point B an.d #here
terr�ninating, said Point B lying on the Westerly right-of-way line of said Hamline Avenue.
8rn ;rias b�
pevrLopraent misex3c�
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(AS MODIFIED DECEMBER I3, 2010)
The boundaries of Development District No. 1 include all parcels and a�jace�t rights-of-way iocated
south of Highway 10 and Highway 96 and the parcels and ad,jacent rights-of-way lacated within the
corporate boundaries or� the east, wesE and south (see map in Exhibit I-C).
EXHIBIT I-C
PARGELS INCLUDED IN DEVELOPMENT DI�TRICT NO. 1
AND TAX 1NCRMENT FiNANCING DISTRICTS NO. 1, 2, 3 AND 4
Tax Increment Financi�g District No. 1 Parcel ID:
2i-30-23-41-0023
21-34-23-41-0024
21-30-23-41-0025
21-34-23-41-0026
21-30-23-41-0031
21-30-23-41-0032
21-30-23-41-QU33
21-30-23-41-0034
21-30-23-41-0035
21-30-23-41-0036
21-30-23-41-0037
21-30-23-41-0038
21-30-23-4I-0039
21-30-23-41-0040
21-30-23-�1-0041
21-30-23-41-0042
21-30-23-41-0043
21-30-23-41-0044
21-30-23-4i-OQ45
21-30-23-41-OQ46
21-30-23-41-OQ47
21-30�23-�1-004$
21-30-23-41-0049
21-30-23-41-0050
21-3Q-23-41-0051
21-30-23-41-0052
21-3Q-23-4i-0053
21-30-23-41-0454
21-30-23-41-0055
21-30-23-41-0056
21-30-23-41-0057
21-30-23-43-0024
21-30-23-43-0025
21-30-23-44-Q013
21-30-23-44-0014
21-30-23-�4-0015
21-30-23-44-0016
Tax Increment Financing District No. 2 Parce! ID:
21-34-23-21-0002 21-30-23-31-OOI2�`
21-30-23-22-0001 21-30-23-31-0033*
21-30-23-22-0002 2I-30-23-31-0014'�
21-30-23-22-0003 21-30-23-31-0017*
21-3Q-23-23-0003 21-30-23-31-0018*
21-30-23-31-Q001 21-30-23-31-0019*
2I-30-23-31-0003* 21-30-23-31-0020
2I-30-23-31-0010 21-30-23-31-0021*
21-30-23-31-0011 21-34-23-32-0001*
* Knock-down due ta four year non-activity rule.
Tax Increment Financing District No. 3 Parce! ID:
28-30-23-32-0014
28-30-23-3Z-0018
21-30-23-32-0003 *
21-30-23-32-0004*
21-30-23-32-Q005*
21-30-23-32-OOp6*
21-30-23-32-0007*
2i-30-23-32-0008*
21-30-2,3-34-0001 *
21-30-23-�F2-0003 *
21-30-23-43-0041*
28-30-23-32-4020
28-30-23-32-0�23
Tax Increment Fina�cing District No. 4 Parcel ID:
33-30-23-43-0023
33-3U-23�43-0003
Boundaries of Tax Increment Fi�ancing Districts Nos. 1, 2, 3 and 4 include all internal and adjacent
streets, bridges, utilities and rights-of-way.
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le�c;�t�d ttitl�in the corpar:►te I�oundaries 4n
i�e east. �st a�d s�sutl�.
Gre�t�d Decesnb�r7, 2C110
EXHTBIT I-D
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{AS MODIFI�D MAY 27, I997)
The City may acquire any parcels within any Tax Increment F�nar�cing District as listed in Exhibit I-C.
(AS MODIFIED DECEMBER I3, 2010)
Tk�e City may acquire a�d reconvcy any parcels lacated within Develo�ment District No. 1.
Attachment F
Tax Increment Financ�ng Plan
for D�str�ct No. 4
As ofDecember 9, .2010
Draft for Public Heat�ing
IVlodification fo the Developmen� Program
for Developmen� District No. 1
and the
Tax Incremenfi Financing Plan
for the establishment of
TIF Districi No. 4
(a renewal and renovation dis�rict)
within
De�elopment District No. 1
Ciry of Arden Hills
Ramsey County
Stata of Minnesota
Public Hearing: December 13, 2010
Adopted:
� �
' " s
�w �
��
't' _
Prepared by: EHI.ERS & ASSOCIATES, INC.
3060 Centre Pointe Dri�e, Roseville, Minnesota 551 1 3-1 1 05
651-697-8500 fax: 65'l-697-8555 www.�hlsrs-inc.com
Table of Contents
(for reference purposes only}
Secfion 9- Modrfication fo the Developmenf Program
for Developmenf District No. 9
Foreword............................................................. 1-1
Secfion 2- Tax lncrement Financing Plan
far T!F Disfrrct No. 4
Subsection 2-1. Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsec#ion 2-2. Statutory Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-3. Statement of Objecti�es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsec#ion 2-4. De�elopment Program O�erview . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-5. Descriptian af Property in the District and Property To Be Acquired .
Subsection 2-6. Classification of the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-7. Duration and First Year of Tax Incrernent of #he District ...........
Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net
Tax Capacity Valuellncrement and Notification of Prior Planned Impro�ements .
Subsection 2-9. So�rces of Reuenue/sonds to be Ess�ed . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-10. Uses ofFunds ...........................................
Subsectipn 2-11. Fiscal Disparities Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-12. Bus�ness Subsidies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-13. County Road Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-14. Estimated lmpacf on Other Taxing Jurisdic#ions . . . . . . . . . . . . . . . . .
Subsection 2-15. Supporting Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-16. Definition o�Tax Increment Re�enues . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-17. Modifications to the Distric# . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subs�ction 2-18. Administrative Exp�nses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-19. Limitation of increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-20. Use of Tax Increment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5ubsection 2-21. Excess Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-22. Requiremer�ts for Agreements wifF� the De�elaper . . . . . . . . . . . . . .
Subsection 2-23. Assessment Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-24. Administration of the �istrict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-25. Annua! Disclosure ReqUirements . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-26. Reasonable Expectations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection 2-27. Other �imitations on the Use of Tax lncrement . . . . . . . . . . . . . . . . .
Subsection 2-28. Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2-1
2-1
2-1
2-1
2-1
2-2
2-3
2-3
2-4
2-5
2-5
2-6
2-7
2-7
2-9
2-9
2-9
2-10
2-1'[
2-11
2-12
2-12
2-12
2-13
2-13
2-13
2-13
2-14
Apper�dix A
Project Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
Appendix B
Map(s) of De�elppmen# District No. 1 and the District . . . . . . . . . . . . . . . . . . . . . . . . . . . B-1
Appendix C
Descrip#ion af Property fo be Included in the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-1
Appendix D
Esfimated Cash Flow for #he Distric# . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D-'f
Appendix E
Minnesota Business Assistance Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1
Appendix F
Rede�elopm�nt Quaiifications for the District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F-'i
Appsndix G
Findings Including But/For Qualifica#ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G-1
Section �- Modification fa the Development Program
for Development District No. 9
Foreword
The following text represeats a Madif cation to the Deve�opment Prograrn for Development District No. I.
This modiiication represents a continuation ofihe goals and objectives set forth in the Development Progranz
far De�elapmerzt District No. 1. Generally, the substatrtive changes include the establishment of TIP District
No. 4.
For further information, a review of#he Developrrzen.t Program for Development District No. 1, adopted April
26, 1993, is recommended. It is available from the City Adminis�rator or at the City of Arden Hills. Other
relevant information is contained in the Tax Increment Financzng Plans for the Tax Increment Financing
Districts lqcated within Development District No. 1.
City of Arden Hills Modification fo the Development Program for DevelopmenE aisErict No. 1 1-1
5ection 2- iax lncrement Financing Plan
for T1F Disfricf No. 4
Subsection 2»1. Foreword
The City of Arden Hills (the °City"), staff and consultants have prepared #he following information to
expedite the establishtnent of TIF District No. 4(the "Disirict"), a renewal and renovation tax increment
financing district, located in De�elogment District No. 1.
Suhsection 2-2. Statutory Authority
Within the City, there exist areas where puhlic invol�ement is necessary to eause development or
redevelopment to occur. To this end, the City has certain statutory powers pursuant to Mannesota Statutes
("M.S.'), Sections 4b9124 to 4b9.134, inclusive, as amended, and M.S., Sections 469.174 to 469.1799,
inclusi�e, as amended (ti�e "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 tk�e De�elopment Program for Developrnent District No. 1.
Subsection 2»3. Statement of Objectives
The District currently consists oftwo (2) paxcels of land and adj acent and internal rights-of-way. The District
is being created, in the City, to facilitate the rede�elopment of the existing senior housing uni�s owned 6y
Presby#erian Homes, exclusive of the existing nursing hozx�e units whicl� will remain. Presbyterian Homes
int�nds to replace these units with approximately 202 new units consisting of 166 senior apartments and 36
brownstone units. Please see Appendix A far further District information. The City will be entering inta an
agreement with Presbyterian Homes for the redevelopzxzent of the site. This TIF Plan is expected to achieve
many oithe objectives outlined in trie De�elopment Program far De�elopment District No. 1.
The activities conternplated in the Modification to the DeveIopment Progra� and the TIF Pian do not
preclude the undertaking of other qualifed development or redevelopment activities. These act�vities are
anticipated ta occur over the life of Development District Na. 1 and the District.
Suhsection 2-4. Development Program Ouerview
1. Property #o be Acquired - Selected property located within the Dis�rfct may be acquired by
the City and is further descril�ed in this TIF Pl�.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.�'., Chapter 117 and other relevant state and federal laws.
3. Upon approvai of a develaper's plan relating to the project and campletion of the necessary
legal requirements, the Czty may sell to a developer selected properties that it may acquire
wiihin the District or may lease [and or facilities to a developer.
A. The City may perform or pro�ide for some or ail necessary acquisition, consiruction,
zelocation, demolition, and required utilities and public street work wztk�zn the District.
City of Arden Mills Tax Incremenl Financing Plan forT�F �istrict No. 4 2-7
Subsec�ion 2-5. Description of Proper[y in #he District and Property To Be Acquired
The District encpmpasses aIl property and adjacent rights-of-way and abutting roadways identified by the
parcels listed in Appendix C ofthis TIF Plan. Please also see the map in Appendix B for further inforrnation
on the location of the Distzict.
The City may acquire any parcel within the District including interior and adjacent street rights ofway. Any
properties identiiied for acquisition will be acquired by the City only in order to accomplish one or more of
the folIowing: storm sewer improvennents; pro�ide Iand for needed public streets, utilities and #`aciiities; carry
out land acquisition, site improvements, clearance and/or deveiopment to acco�x�plish the uses and objectives
set forth in this TIF Plan. The City may acquire properiy by gift, dedication 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 fiznding to fnance the acquisition and related costs.
Subsection 2-6. C[assification of the District
The City, in determining the need to create a tax incretrient financing dist�rict zn accordance with M.S'.,
Sections 469.174 to 469.1799, as arnended, inclusi�e, finds that the District, to be established, is a renewal
and renovation district pursuant to M.S, Sectzon 469.174, Subd. IOa. as defined below:
{a) "Renewal and renovation district" means a rype of tax increment financing district consisting of a
project, or portions of a project, within which the Ciry frnds by resolution that:
(1) (i) parcels consisting of 70 percent of the area of the district are occupied by buildings,
streets, utilities, paved or gravel parkdng lots, or ather similar structures;
(ii) 20 percent of the builclings are structurally substandard; and
(iii) 30 percent of the other buildings require substantial renovation or clearance
to remove existing conditions such as: inadequate street layout, incompatible uses
or land use relationships, overcrotivdingofbuildings on the land, excessive dwelling
unitdensity, obsolete buildings notsuidable far improvement or conversion, or other
ident�ed hazards to the health, safety, and general well-being of the community;
and
(2) the conditions descrabed in clause (I) are reasonably dastributed throughout the geographic
area of the district.
(b) Forpurposes ofdetermining whether a buildang is structurally suhstandard, whether parcels are
occupied by builclings, streets, utilities, paved or gravel parkirag lots, or other sirfzilar struetures,
or whether noncontiguous areas qualify, the provisions of subdivasio� 10, paragraphs (b)
through (� apply.
In meeting the statutory criteria the City relies on tk►e following facts and findings:
• The District is a renewal and renovation disirict consisting of 2 parcels and 3 buildings.
• An inventory shows that parcels consisting of more thar� 70 percenf of the area in the District are
occupied by buiIdings, streets, utiIities, paved or gravel parking lots, or other sirnilar strucEures.
• An inspection of the buildiz►gs lacated within the District finds that one building {more than 20 percent)
is stzucturally substandard as defned in the TIF Act. (See Appendix F}.
• An inspection of ihe b�ildings located within the District finds that one building (more than 30 percent)
requires substa�tial renovation or clearance to remove existing conditions such as defined in the TIF Act.
(See Appendix F}.
Gity of Arden H91fs Tax [ncrement Financing Plan for TIF District No. 4 2-2
Pursuant to M.S., Sectaon 469.17b, Suhd. 7, the District does not contain any parcei or part of a parcel that
qualified under the provisians of M. S., Sections 273.111 or 273.112 or Chapter 473H for t�es payable in
any oF the five calendar years �efore the filing of the request far certification of the District.
Sudsection 2-7. Durafion and First Year of Tax Increment of the District
Ptzrsuant to M.S , Section 469.175, Subd. 1, and Sectian 4b9.176, Subd. 1, the duration and first year of ta�c
increrr�ent ofthe District must be indicated within the TIF Plan. Pursuant to M. S, Section 469.176, Subd. 1 b.,
the duration of the District wi11 be 15 yea�rs after receipt of the f rst increment by the City (a toial of 16 years
of tax increment). The �ity elects to receive the first tax increment in 2014, whzch is no Iater than four years
fallowing the year of appro�al of the District. Thus, i# is estirnated that the District, including any
modifications of the TIF Plan for subseq�ent phases or other changes, would teraninate after 2029, or when
the TIF Plan is satisfied. The City reserves the right to decertify tk�e Dxstrict pripr to the legally required date.
Subsection 2-8. Original Tax Capacity, Tax Rafe and Es#imated Captured Net Tax Capacity
Valuellr�crement and Notification of Prior Planned Improverrten#s
Pursuaz�t to M. S. , Section 469.174, Subd. 7 and M. S., Section �469.177, Subd. 1, th� Original Net `I'ax Capacity
(ONTC} as certified for the District will be based on tk�e market values placed on the property by the assessor
in 2010 for taxes payable 2011.
Pursuant to M.S., Section 469.177, Subds. 1 and 2, the County Auditar shali certify in each year (beginning
in the payment year 20I 4) the amount by which the original value has increased or decreased as a resuIt of
1. Change in tax exempt s#atus of pxoperty;
2. Reduction or enlargement of the geographic boundaries af the district;
3. Change due ta adjustments, negotiated or co�ut-ordered abateix�ents;
4. Change in the use of the property and classi�cation;
5. Change in state Iaw governing class rates; or
6. Change in previously issued building permits.
In any year in which the current Ne� T� Capacity (NTC) �alue of the District declines below the ONTC, no
value wi11 be caphtred and no tax increment will be payable to the City.
The original Ioca1 t� rate for the District will be the local tax rate for taaces payable 2011, assuming the
request far certiFication is made befare 7une 30, 20I 1. The ONTC and the Original Local Tax Rate for the
District appear in tk�e table on the fotlowing page. At the tirne of approval of this TIF 1'lan, the local tax rate
fqr taxes payable 2011 is unknown, so the table on the follawing page utilizes the local tax rate for taxes
payab�e 2010.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S, Sectiora 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Gapacity {CTC} of the District, within De�elopment District No. 1, upon completion of
the projects within the District, will annually approximate taa� increment revenues as sk�own in the table
below. The City requests 100 percent of the available inerease in tax capacity for repayment of its obligations
and current expendituxes, beginning in the tax year payable 2014. The Project Ta�c Capacity (PTC) listed is
an estirnate af values when the projects within the District are completed.
Cify of Arden HiEls Tax Increment �inancing Pfan forTlF District Na. 4 2-3
Project Estimated Tax Capaciiy upon Completion (PTC}
Original �stimated Net Tax Capacity {ONTC)
Estimated Captured Tax Capacity (CTC)
Original Loeal Tax Rate
EstimaFed Annual Tax Increment (CTC x Local Tax Rate)
$422,40�4
$117,205
$3U5,199
1.054326 Pay 2010
$321,779
Percent Retained by the City IOQ°/a
Tax capacity includes a 3% inflation factor for the duration of the District. The tax capacity, included in this
chart is ihe estimated ta�c capacity of #he District in year I6. The tax capacity of the District in year one is
estimated to ba $207,500.
Pursuant to M.S., Section 469.177, Subd. 4, the City shail, 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) rrionths im�►edia#e!y preceding approval of tl�e
TIF Plan by the municipality pursuant to M.S., Section 4b9.175, Subd. 3. The County Auditar shall increase
the original net t� capacity of the District by the net tax capacity of improvements for which a buiId�ng
permit was issued.
The City is revier�ving ti�e arca to be included in the District for parcels for which building perEnits have
been issued during the 18 months iminedia�ely preceding approval of the TIF �lan by the City.
Subsection 2-9. Sources of RevenuelBonds to be Issued
The costs outlined in the Uses of Funds wilI be financed primarily through the annual collection of tax
increments. The City reserves the right to incur bonds or other indebtedness as a result of the TIF Pian. As
presentIy proposed, the projects within the District will be financed by a pay-as-you-go-note. Any refunding
arnounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provisian does not
obligate the City to incur debt. The City will issue bonds or incur other debt onIy upon the determination that
such action is in the hest interest of the City.
The total estimated tax increment revenues �or the District are expected to be approximately $3,778,012, as
shown in the table on the next page:
SOURCES OF k'UNDS
Tax Increment
Interest
TOTAL
TOTAL
$3,578,012
100 000
$3,778,012
The Cxty 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 $2,845,090. Such bonds may be in the form of pay-as-you-go
notes, revenue bonds or notes, general obligation bonds, or interfisnd ioans. This estimate of total boz►ded
indebtedness is a cumuiative statement of authority �nder this TIF Plan as of the date oi appro�al.
City of Arden HiNs Tax Increment Financing Plan far TIF District No. 4 2-4
Subsection 2-10. Uses of Funds
Currently under consideration far the District is a proposa! ta facilitate the development of 166 s�nior units
and 36 senior rental brownstones. T�e City has determined that it will be nec�ssary to provide assistance to
the project(s) for certazn District costs, as described. The City has st�died the feasibility ofthe deveiopmen�
or redevelopnr►ent of property in and around the District. To facilitate the establishment and developrnent or
redevelopment of #he District, this TIF Plan authorizes the use of tax increment �inancing to pay for the cost
of certain eligible expenses. The estimate of public costs and uses of fi.tnds associated wi#h tiie District is
ou#lined in the following table.
USES OF TAX INCREMENT �UNDS
LandlBuilding Acquisition
Site Improvements/Preparation
Public Utitities
Streets and Sidewalks
Administrative Costs (up to 10%�
PROJECT COST TOTA�,
Interest
PROJECT AND INTEREST COSTS TOTAL
TOTAL
$104,000
$1,800,000
$400,000
$ i 77,289
367 801
$2,845,090
932 922
$3,778,012
For purpases af OSA reporting forms, uses of funds include interfund Ioaris, bond principal, TIP Note
principal, and transfers, all in the pzincipal amount of up to $2,845,090. These amounts are not cumu�ati�e,
but represent the various forms of "bonds" included within the concept of bonded indebtedness under the �IF
Aci.
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 Subsectian 2-9.
Estimated costs associated with the District are subject to change among categories without a rnodificatian
to this TIF �lan. The cost of all activities to be conszdered for tax increment financing wili not exceed,
without formal tn.odification, the budget above p�rsuant to the applicable staiutory requirements. Pursuant
to M.S., Section 469.1763, Subd 2, no more t�an 20 percent ofthe tax increznent paid by property within the
District wiIl be spent on activities related to development or recfevelopment outside of the District but wi#hin
the boundaries af Development District No. 1, (incl�ding administrative costs, which are considered to be
spent outside of the District) subject to the litnitations as described in this TIF Plan.
Subsection 2-99. Fiscal Dispari#ies Election
Pursuant to M.S., Sectian 469.177, Subd. 3, the City may elect one of two methods to caIculate �scal
disparities. If the calculations pursuant to M. S., �Sectian 469.177, Subd. 3, clause a, (outside the District) are
followed, the following methad of compu�ation shall apply:
(1) The oraginal net tax capacaty and the current net ta�c capaciry shadl be determzned before the
application of the fiscal dispariry provisaons of Chapter 276A or 473F. Where the original net
tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax
capactty and na tax increment deterrrtinatiort. Where the original net tax capacity ts less than
Cify of Arden Hills Tax Increment Financing Plan for TIF Districf No, a 2-5
the current net tc� capacity, the difference bettiveen the original net tax capaciry 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, ta share with the lacal taxing
disiricts is the retained captured net tax capacity of the authoriry.
(2} The counry auditor shall exclude the retained captured net ta,r capacity of the authoriry from the
net tax capacity of ihe 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 capaciry
of the authoriry as well as the net tax capacity of the local taxing districts. 7'he tax generated by
the extension of the Iesser of (A) the local taxing district tax rates or (B) the original local tax
rate to the retained captured net tax capaciry of the authoriry is the tax increment of the
authority.
The City will choose io calculate �scal disparities by c[ause b. It is not anticipated that the District will
contain commerciallincfustrial property. As a result, there shouId be no impact due ta ti�e �scal disparities
provision on the District.
According to M.S., Section 469177, Subd. 3:
(c) The method of computatzon of tax inerement applied to a district pursuant to paragraph (a) or
(b) shall remain the sa»ae for the duration of the district, except that the governing body may
elect to change its election from the method of computataon in paragraph (a) to the method in
paragraph (b).
Subsection 2-12. Business Subsidies
Pursuant ta M.S., Section 116J. 993, Subd. 3, the following forms of financial assistance are not considered
a business s�bsidy:
(I) A business subsidy of less than $150,000;
(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 Iocal government Lhat 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) Aedevelopment property poIluted by contamznants as defined in M.S., Section 116J. 552, Subd. 3;
(5) Assistance pro�ided for the sole purpase of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preser�ation districts, provided that
the assistance is equal to or less than 50% of the totaI cost;
(6) Assistance fo provide job readiness and training seirvices if the sole purpose of the assistance is to
provide those services;
{7) Assistance for housing;
(S) Assistance for poIIution control oz- abaternent, including assistance for a t� increment financing
hazardous substance subdistrict as defined under M.S., Sectzan 469.174, Subd. 23;
(9) Assistance for enargy conservation;
(10) Tax reductions resulting fram conformity with federal tax law;
{11) Workers' compensation a�d unemployment compensation;
{12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
{14) Funds frorn bonds allocated under chapter 47�FA, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 {c} {3) of the Internal
Re�enue Code of 1986, as a�nended through Decernber 31, 1499;
City of Arden Hiils Tax Increment Financing Plan forTlF pistrict Na. 4 2-6
(15} Assistance for a colIabaration hetwean a Minnesata higher education institution and a business;
(15) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, suba. l�;
(17} Redevelopment when the recipient's investment in the purchase af the site and in site preparation
is 70 percent or rnare of the assessor's current year's estirnated maricet �alue;
(1 S} General changes in tax increment financing law and ofiher general ta�c 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; and
(22) Federal loan funds provided through the United States Depaz�tment of Cammerce, Economic
Development Administration.
The City will comply with M.S., Sections 118J.993 to 116J.995 to tk►e extent the tax increment assistance
under this TIF PIan does not fall under any af the above exemptions.
Subsection 2-'!3. County Road Costs
Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the City to pay for al� or part of
the cost of county zoad 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 constructian of road
improvements or other road costs and if the road impro�er�ents are not scheduled within the next five years
under a capitai improvement plan or within �ve years under another county plan.
If the county elects to use increments to improve caurity roads, it must z�otify the City within forEy-five days
of receipt of this TIF Plan. In the opinion oi th.e City and consultants, the proposed development outlined
in this TIF Plan wili have lit�le or no impact upon county roads, therefore the TIF Plaz� was not forwarded to
the county 45 days prior to #he public hearing. The City is aware that the county could claim that tax
increment should be used for county roads, even a�ter the public hearing.
Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assutnes that the redevelop�nent contemplated by the TIF
Plan would occur withaut the creation of the Disirict. However, the City has determined that such
developrnent or redeveiopment would not occur "but for" tax inerement f nancing and that, therafore, the
�iscai impaci on other taxing jurisdictions is $0. The estimated fiscal impact o� the District would be as
follows if the "but for" test was not znet:
IMPACT ON TAX BASE
Ramsey County
City of Arden Hills
Mounds View iSD No. 621
20091Pay 20i0
Total Net
Tax Capacitv
�52,661,86G
12,137,362
82,109,131
�st�maied Captured
Tax Capacety (CTC}
Uuon Camnleti�n
305,199
305,199
305,199
Percent of CTC
to Entity Total
0.0674%
2.5145°/a
0.3�1"1%
City of Arden Hills Tax Increment Financing Plan for TIF District No. 4 2-7
IMPACT ON TAX RATES
Ramsey County
City of Arden Hilis
Mounds View ISD No. 621
Otl�er
Total
Pay 20I0
Extension Rates
0.502481
o.2a6�z6
0.245549
0.079530
1.054326
Percent
of Toial
47.b6%
21.50%
23.29%
7.54°/a
100A0%
Potential
CTC Taxes
305, F 99 I53,357
305,199 b9,i93
345,199 74,957
305,194 24,272
321,779
The estimates listed abo�e display the captured tax capacity when all construction is completed. Tl�e tax rate
used For calculations is the actual Pay 2010 rate. The total n�t capacity far the entities Iisted above are based
on ac#ual Pay 2010 figures. The District will be certified under the actual Pay 20ll rates, which were
unavailable at the time this TIF Plan was prepared.
I'ursuant to M.S. Section 469.175 �ubd. 2(b):
{1) �stinnate of total tax increment. It is estimated that the total arr►aunt of tax increment that will be
generated over the life of the District is $3,67$,fl 12;
(2) Probable im act of th.e Dzstrict on ci rovided ser�ices and abili to issue debt. No innpact af ihe
District on police protection is expected since Presbyterian Ho�cnes is replacing the old, demolished
units with the same number of new units.
The prohable impact of�►e District on fire protection is not expected to be significant. Typicaliy new
buildings generate few ca�ls, if any, and are of superior construction and sprinkl�red.
The iznpact of the District on public infrastructure is expected to be minimal. The deveiopmeni is
not expected to significantly impact any traffic mavements in the area since the nurnber of units will
remain the same. The current infrastructure for sanitary sewer, storm sewez- and water is adequate to
handle the 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 probable impact of any District general obligat�an ta�c 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, tk�erefore 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 schooi distric� Ievies. It is estimated that khe
amount of tax incre�nents ov�r the life o� the District tha# would be atEributable to schooi district
levies, assuming the school district's share of the total IocaI tax rate for aIl taxing jurisdictions
remained the same, is $856,609;
(4) Estimated amount of tax iz►crement attributable to coun Ievies. It is estinnated that the amount of
tax incr�zrients over the life of the Dis#rict that would be attributable to county levies, assuming the
county's share of the total local tax rat� for all taYing jurisdictions remained the sazne, is $1,'�52,940;
(5) Additional information requested bv the countv_or school.district. The Ciiy is not aware of any
Gity of Arden Hills Tax Incremeni Financing Plan for TIF District Na. 4 2-8
standard questions in a connty ar school district written policy regarding #ax increment districts and
impact on county ar school district services. The county or school district must request additional
information pursuant to M.S. S'ection 469.175 Subd. 2(h) within IS days after r�cezpt of the tax
ir�crernent financing plan.
No reauests for additional information from the county or school district regarding the proposed
developir►ent far ihe Disirict ha�e been received.
Su�isection 2-15. 5upporting Documentafior�
Pursuant to M.�S', Section 469.175, Subd. 1{aj, ciause 7 the TIF Plan. must cqntain identification and
description of studies and analyses used to make t�e detezmination set fortl� in M.S. Section 469.175, Subd.
3, clause (G)(2} and the �ndings ate required in the resolution approving the District. Following is a list of
reports and studies on fle at the Cify that support the City's fmdir�gs:
• Renewal and Renovation Qualif cations Study, I.,HB, November 19, 2010.
5ubsection 2-46. Def�ni�ion of Tax Increment Revenues
Pursuant to M. S., Section 4b9.174, 5'ubd. 25, tax incremeni 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 compuiec� under M. S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangzble or intangible, to the extent the property was
purchased by the City with tax incremen#s;
3. Principal and interest received on loans or ather ac�vances mad� by the City with tax i�crements;
4. Interest or other investment earnings on or from t� increments;
5. Repay�x�.ents or refurn of tax increments made to the City under agreemen�s for districts for which the
request for certi�cation was made after August 1, 1993; and
G. The market �alue homestead credit paid to the City under M.S., Section 273.1384.
Subsection 2-17. Modifications to the Districi
In accaz-dance with M.S., S'ection 469.175, Subd. 4, any:
1. Reduction or enlargement ofthe geograplzic area of Development District Np. 1 or the District, if the
reduction does not zneet the requiremen�#s 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 deterrnination was not a part of the original TIF
Plan;
4. Increase in the portion of the captured net tax capacity to be retained by th� City;
5. Increase in the estirnate ofthe cost of the District, including administrati�e expenses, that wiII be paid
or financed with tax inerement from the District; or
6. Designatian of additional property to be acquired by the City,
shall be approved upon the notice and after the discussion, public hearing and findings required far 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 shalX not
be enlarged after f ve years following tk�e date of certification of the original net ta�c capacity by the county
Ci[y of Arden Hills Tax Increment Financing Plan for TIF DistricE No. 4 2-9
auditor. If a renewal and renovation district is enlarged, the reasons and supporting facts for the
determination that the addition to the district meets the criteria ofM.S., Section 4G9.174, Subd. IOa, must be
documented in writing and retained. The rec{uiremer�ts ofM,S., Section 469.175, Subd. 4b, do not apply if
(1 } the only modificatio� 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 t� capacity of those parcel(s) in the
District's original net tax capacity or {B) the City agrees that, notwithstanding M. S., Section 469.177, Subd.
1, the original net tax capacity will be reduced hy no more than the current net tax capacity ot� the parcel(s}
eliminated frflm the District.
The City must notify the Caunty Audi�or af any modificatton to the District. Modifications to the District
in the form af a budget modif cation or an expansion of the boundaries will be recorded in the TIF Plar►,
Subsection 2-18. Adrninistrati�e Expenses
In accordance with M. S., Section 469.174, Subd. I4, adrziinistrative expenses means all expenditures of the
City, other than:
1. Atnounts paid for the purchase af land;
2. Amounts paid to contractors or others providing materials and services, incl�ding architectural and
engineering ser�ices, directly connected with the physical development of the real property in the
District;
3. Relacation benefits paid to or services provided for persans residing or businesses located in ihe
District; or
4. Amounts used to pay principal or interest o�, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Azir►ounts used to pay other �inancial ob�igations to the extent those obligations were used to finance
costs described in clauses {1 } to (3).
For districts for which certification was requested after July 31, 2001, no #ax increment may be used to pay
au#horized and doc�mented ad�ninistrative expenses far District costs which exceed ten percent of total
estimated tax increment expenditures authorized by the TIF Plan or the to�al tax incremenis, as defined in
M.S., Section 469.174, Subd. 25, clause (1}, from the District, whiche�er is less.
Fursuant to M.S., Section 4b9.176, Subd. 4h, taa� 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 percen#age limi�s
ofM.S., Section 469.176, �`ubd. 3. The county may require payment ofthose expenses by Febnaary 15 ofthe
year foiIowing the year the expenses were incurred.
Pursuant to M.S., Section 469. I77, Subd. 11, the County Treasurer shall deduct an arr�ount {currently .36
percent) of any increment distributed to the City and the County Treasurer shall pay the amount deducted to
the State Treasurer for deposit in. the state general ftind to be appropriated to the State Auditor for the cost
of financial reporting of tax increment financing infarmation and the cost of cxamining and anditi�g
au#horities' use of tax increment fnancing. This amount may be adjusted annually by the Commissioner af
Aevenue.
Subsection 2-19. Limifatipn af Increment
The tax increrr�ent pledg�d to the payment qFbonds and interest thereon rr�ay be discharged and the District
may be ter�ninated if sufficient funds have been irrevocably deposited in the debt service fund ar other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
City of Arden Wills Tax Incre�nent Financing Plan for TIF District No. 4 2-10
Pursuant to M.S., Section 469.176, Subd. 6:
rf, after four years from the date of certification of the original net tax capacfty of the tax
incrementfinancfngdistrictpursuantto M.S., Section 469.I77, no demolition, rehabilitatiora
or renovation of pt'operty at' other site preparation, includfng qualified impravement of a
street adjacent to a parcel but not installation of utility service includang sewer or tivater
systems, has been com►nenced on aparcel located wathira a tax incrementfinancingdistrict
by the authority or by the owner of the parcel in accordance with the tax incrementfinancing
plan, no additional tax increrraent rraay be taken from that parce7 and the original net tax
capaciry of that parcel shall be excluded from the original net tax capacity of the tax
increrraent financing disirict. If the authority or the owner of the parcel subsequently
commences demolition, rehabilitation or renovation or other site preparation on thatparcel
indudang yualified improvernent of a street adjacerat to that parcei, in accordance with the
tax incrementfanancingplan, the authority shadd cert� to the counry auditor that the activity
has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certifaed by the commissioner ofrevenue and add it to the original net tax capacity
af the tax incrementfanancing district. The counry auditor must enforce the pravisians ofthis
subdivision. �'he authoriry must submit to the caunty auditor evidence that the required
activity has taken place far each parcel in the district. The evidence for a parcel must be
submitted by February 1 af the fifth yearfollowing the year in tivhich the parcel was certif ed
as included ira the district. For purpases of this subdivfsian, qualtfted improvemerrts of a
street are limited ta (1) construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing street.
The City or a property owr�er must improve parcels within the District by approximately December 2015 and
report such actions to the County Audiior.
5ubsection 2-20. Use of Tax Increment
The City hereby determines that it wiit use i 00 percent of the captured net ta�c capacity of taxable property
located in the District for the follawing purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. to finance, or otherwise pay the capital and adn:zin�stration costs of Develop�nent District No. 1
pursuant to M.S., Sections 469.124 to 469.134;
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;
S. To pay principal and interest an any Ioans, advances or other payments made to or on behalf of the
City or for the benefit of Developrnent District No. 1�y a deve�oper;
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 ta the TIF Plan or pursuant to
M.S., Chapter 462C. M.S., �'ections 469.152 through 469.165, and/or M,S., Sectioras 469.178; and
7. To accumulate or maintain a resezve secuzing the payment when due af the principal and in�erest on
the t� incre�nent bonds or bonds issued pursuar►t to M.S., Chapter 46.2C, M.S., Sections 4b9.1S2
through 4b9.165, and/or M.S., Sections 469. I78.
These reven�es shail not be used to circumvent any le�y limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.17b, Subd. 4.
Tax incre�nents generated in the District will be paid by Ramsey Coun#y to the City for the Tax Increment
F�nd of said District. The City will pay to the developer(s) annually an amount not to exceed an amouni as
specified in a develaper's agreement to reimburse the casts of land acquisition, public improvements,
Gity of Arden Hilis Tax Increment Financing Plan for TIF District No. 4 2-1 t
demoiition and relocation, site preparation, and administration. Remaining increment funds will be used for
City administratian {up to 10 percent) and for tl�e costs o�public improvement activities outside the District.
Subsect�on 2-21. Excess lncrements
Excess increrz�ents, as defned in M.S., Section 469.176, Subd. 2, shall be used only to do one or more ofthe
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of t� increment for any oufstanding 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 redisiribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The City must spend or return the excess increments under paragraph (c) within nine months afier the end
of the year. In additian, the City may, subject to the limitations set forth herein, choose to modify the '£IF
Plan zn order #o finance additional public costs in Developmen# District No. 1 or the District.
Sabsection 2-22. Requirements for Agreements with the De�eloper
The City will review any proposal far pri�ate development to determine its conformance with the
Development Program and with applicable municipal ordinances and codes. To faciIitate this effort, the
foIlowing documents may be requested for re�iew and appraval: 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 City to derr►onstzate the conformance ofthe development
with City plans and ordinances. The City may also use the Agreements to address other issues reiated to the
development.
Pursuant to M.S., Section 469.17b, Subd. S, no rriore than 2S percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any ti�ne be owned by the City as a resuit of
acquisition wi#h the proceeds of bonds issued pursuant to M. S., Sectzon 469178 to which tax increments from
property acquired is pledged, unless przor to acquisition in excess of 25 percent of the acreage, the City
concluded an agreement for the development or rede�elopment of the property acquired and which provic�es
recourse for the City should the de�elopment or redevelopment not be cornpleted.
Subsection 2-23. Assessment Agreements
Pursuant to M.S., Section 469.177, S'ubd. 8, the City �nay enter into a written assessment agreement in
recordable form with the developer ofproperty within the District w�ich establishes a minimum market value
ofthe land aad completed impro�ements for the duration ofthe District. The assessment agreement shall be
presented to the County Assessor who shall review the plans and specifications for the impravements to be
constructed, review tk►a market value previously assigned to the iand upon which ti�e improvements are to be
constructed and, so long as the minimum market �alue contained in the assessment ageement appears, in the
judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the �r►inimum
market value agreement.
Subsection 2-24. Adminis#ration af the Disfrict
Administration of the District will be hat�dled by the City Adrninistrator.
City of Arden Hills Tax Increment financing Plan for71F bistrict No. 4 2-12
Suhsectian 2-25. Annual Disclosure Requir�ments
Pursuant to M. S„ Section 469.175, Subds. 5, 6, and 6b the City must undertake iinancial reporting far aIl ta�c
increment financing districts to the Office of the Sta�e Auditar, County Board and County Audi#ar on or
before August 1 of each year. M.S., Section 4b9.175, Subd. S also provides that an annual statement sha[1 be
published in a newspaper of general circulation in the City on ar before August 15.
If the City fails to maice a disclosure or submit a report containing the information required by M.S., �'ection
4b9.175 �ubd. 5 and Subd. G, the OSA will direct the County Auditor to withhold the distribution of ta�
increment from the District.
Subsection 2-26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the detezmination has been rnade that the anticipated
de�elopmer�t would not reasonably be expected to occur solely through private investment within the
reasonably fareseeable future and that the increased market value ofthe si#e that could reasonabIy be expected
to occur without the use of tax increment financing would be less tk�an the inerease in the market �alue
estimated to result from the proposed development after subtracting the present value of the projected tax
increments for the m�imum duration of #he District permitted by the TIF Plan. In making said
determination, reliance has been placed upon written representations made by the de�eloper to such effects
and �pon Ci#y staff awareness of the feasibility of developing the project site(s) within the District. A
eamparative analysis of estimated �narket values both with and wiihout establishrnent 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 ma�rket �aIue af 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 �he Use of Tax Encrement
General Limitations. All revenue derived from tax inerement shaIl be used in accordance with the TIF
Plan. The revenues shall be used io finance, or otherwise pay the capital and administration costs of
De�elopment District No. 1 p�rsuant to M.S., Sections 469.124 to 489.134. Tax increments may not be
used to circumvent existing levy limit law. No tax increment may be used for the acquisition,
cons#ructian, renovation, aperation, or maintenance of a building to be used primariIy and reguIarly for
conducting the business af a municipality, county, school district, or any other local unit of government
or the state or federal go�ernment. This provision does not prohibit the use of revenues derived from tax
increments for the construction or renovation of a parking strueture.
2. Poolin� Limitations. At least 80 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 fnance
activities withirz said disirict or to pay, or secure payment of, debt ser�ice on cz-edit enl�anced bonds. Not
more than 20 percent of said tax increments may be expended, thraugh a development fund or otherwise,
on activities outside of �he Dis�ict except to pay, or secure payment of, debt service on credit enhanced
bonds. Far pur�aoses of applying this restrictian, all administrative expenses must he treated as if they
were solely for activities outside of the District.
3. Five Year Linnitation on Cor�tmitment of Taa� Increments. Tax increments deri�ed frorn the District shall
be deemed to have satisfied the 80 percent test set forth in paragraph {2) abave only if the f�e year ruIe
set forth in M.S., Section 469.1763, Subd. 3, k►as been satisfied; and beginning with the sixth year
followzng certiizcation of the District, 80 percent of said tax increments that remain after expenditures
pertnitted under said five year rule must he used only to pay previously committed expenditures or credit
City of Arden FEills Tax Increment Financing Pian forTlF District No. 4 2-t3
enhanced honds as more fuily set forth in M.S, Section 4d9.1763, Subd. 5.
Aenewal and Aenovation District. At least 90 percent of the revenues derived from tax increment from
a renewal and renovation distract must be used to finance the cost of correcting conditions that alIow
designation of renewal and renovation districts under M.S'., S'ection 469.176 S'uhcl. 4j. These costs
include, but are not limited to, acquiring properties containing structurally substandard buildings or
improverrients or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary
to provide a site oF sufficient size to perrnit de�elopm�nt, deznolition and rehabilitation of structures,
clearing of th� land, the rempval of hazardous s�bsta.nces or remediation necessary for de�elopment of
the Iand, and installation af utilities, roads, sidewalks, and parking facilities for the site. The allocated
administrative expenses of the City, including the cost ofpreparation ofthe development action response
plan, may be included in the yuaiifying costs.
5uhsec�ion 2-28. Summary
The City of Arden Hills is es�ablishing the Dist�ict to preserve and ent�ance the tax base, rede�eiop
substandard areas, and pro�ide employment opportunities in the City. The TIF Plan for the Distric� was
prepared hy Ehlers & Associates, Inc., 3Q60 Cenire Pointe Drive, Roseville, Minnesota 55113, telephone
(651}697-8500.
City of Arden Hills Tax lncrement Financing Plan far TiF District No. 4 2-14
Appendix A
Project Description
Ta�c Increment Financing District No. 4 is being created to facilitate the redevelopment of the existing senior
housing units owned by Pr�sbyterian Homes, exclusive ofthe existing nursing home units which will remain,
in the City.
Presbyterian Homes intends ta replace the existing �nits with approximately 202 new units consisting of 166
senior apartrnents and 36 brownston� units. Currently, the existing units fall short ofineeting the needs of its
residents. The units are undersized, have insufficient cornmon areas and 1png corridors that present
difficulties for residen#s. The �uildings also have agzng mechanical and electrical systems and utilities.
The future Presbyterian Hornes Campus will provide a greater number of independent living apartments, that
wili better suit the demands of the surrounding popuIation. It will also provide a dedicated merr�ary care unit
in assisted living which wi11 be built in a neighbarhood style, as well as reconfigured assisted living units that
are better suited for delivery of care needs, comfort of residents and create a sense of community.
The goal for the new project is to nnatch the averall density and number of units presented on the campus
while aligning those units with the current and projected needs of the surrounding population.
Appendix A-1
Appendix B
Map of De�elopment District No. 1 and #he District
�. .� �1L� �
Gi�r o� Arden Hil[�
DeVelopm�nt D���tric� �c�.
� Deve�opment Dis#rict No. 1
- TiF District #f4
Ti�e banndarirs of Dere[opment Distrirt i�a. I
inclmde �i2 �sarcels and 3d�acent ri;i�ts-af-lra�•
locaie.d sautl� nf Hi�kna�• 14 and iiig��� �f,
and the parcels and ad�acent �iglits-of-�ra�
locate� tritLw the earporat� bannd:riies on
the cast, ��esf and snnt7i.
Creafed December I, 2Ci90
Appendix B-�
Appendix C
Description of Property ta be Included in the District
The District encompasses all property and adjacent rights-of way and abut�ing roadways identified by the
parcels listed below.
ParceI Numbers Address Owner
33-30-23-43-0023 3220 Lalce 7ohanna Boulevard Presbyterian Homes
33-30-23-43-0003 3120 Lake Johanna Boule�ard Presbyterian Hoines
Appendix C-�
_ __
_ _ _ _.....
_ _ __ _
App�ndix �
Estimated Cash Flow for the District
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A�pendix E
Minnesota Business Assistance Form
(Minnesota Depariment o�' Emp�oyment and Economic Developrne�t)
A Minnesota Business Assista.nce 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 Eznployment and Economic De�elopment (DEED} website at
h ://www.deed.state.mn.us/Communi /subsidieslMBAFFor�n.htm for informatinn and �orms.
Appendix E��
Appendix F
Rede�elopment Qual�fications for the District
Appendix F-t
REPORT OF
�NSPECTION PR�CEDURES AND RESULTS
FOR
DETERMINING QUALIFICATIONS OF A
TAX INCREMENT FINANCING DISTRICT
AS A RENEWAL AND RENOVATION DISTRICT
Presb�terian Homes
TIF District
Arden Hills, Minnesota
LHB Project No. 100537
November 19, 2010
Prepared For The
City of Arden Hil[s
Prepared by
LH$, Iac.
250 Third Avenue North, S�ite 450
Minneapolis, Minnesoka 55�401
TABLE OF CONTENTS
Pa�e
PART 1 Executive Summary ...............................................................................3
Purpose of Evaluation ................................................................3
Scopeof Work ...........................................................................4
Conclusion.................................................................................4
PART 2 Minnesota Siatute 469.174, Subdivision l0a Requirements .................4
PART 3 Procedures Followed ..............................................................................G
PART4 Findings ..................................................................................................7
A. Coverage Tes# ............................................................................7
B. Condition of BUilding Test ........................................................5
i. Building Inspection ..............................................................8
2. Replacemenfi Cast ................................................................8
3. Code Deficiencies ................................................................8
4. System Condition Deficiencies ............................................9
C. Distribution of Substandard Structures ....................................11
PART 5 Team Credentials .................................................................................12
APPENDIX A Property Condition Assessrnent Sumnaary Sheet
APPENDIX B Building Code and Condition Deficiencies Reports
APPENDIX C Property Condition Assessment
Building Replacement Cost Reports
Cade De�iciency Cosi Reports
Photographs
Page 2
PART I — EXECUTIVE SUMMARY
PURPOSE OF EVALUATION
LHB was hired by the City of Arden Hills to inspect azid e�aluafie the properties within a T�
Increment F'inancing Renewal and Renovation District ("TIF District") proposed to be
established by the City. Tl�e proposed TIF District is located in the City of Arden Hills,
bounded by Lake Johanna Boulevard on the West, Sandeen Road on the North, County Road D
on the South and Lake Johanna on the East (Diagram 1) The purpose of LHB's work was to
determine whether the proposed TIF District meets th.e statutary requirernents for coverage, and
whether buildings on two parcels, lacated within the praposed TIF District, meet the
qualif cations required for a Renewal and Renovation District.
Diagram 1— Proposed TIF Dis#rict
Page 3
SCOPE �F WORK
The praposed TIF District
buildxngs.
consists of two {2) parcels, with three (3} Senior Residential
Two buildings in the pro�osed TIF District received an an-site interior and exterior inspection.
One af the buildings (McKnight Building) was not inspected thoroughly after a cursory re�iew
detercnined it would nat likeIy be found substa�dard. Building code and Condition Deficiency
reports for each building inspected by LHB are located in Appendix B.
CONCLUSTON
After inspecting and evaiUating the praperties within the proposed T�� District and applying
current statutory criteria for a Renewal and Renovation District under Minnesota Statutes,
Section 469174, Subdivision IOa, it is our professional opinion that the proposed TI�' Disnict
qualifies as a Renewal and Renovation District because:
• The proposed TIF Distric# has a caverage calculation of 100 percent which is above the
70 percent requirement.
• 33 percent af the buildings are structurally substandard which is above tk�e 20 percent
requirement.
• 50 percent of the other buildings r�quire substantial renovation or clearance which is
above the 30 percent requirement.
• The substandard buildings are reasanably distributed throughout the geographic area of
the proposecf TIF District.
The rem.ainder of this report describes our process and findings in detail.
PART 2— MINNESOTA STATUTE 469.174 SUBDIVISION 10a RE UIREMENTS
The properties were inspected in accordance with the following requirements under Mznnesota
Statutes, Section 469174, Subdivision 10(c), which states:
Interior �nspection
"The municipality may not make such determination [that the building is structurally
substandard� without a.n interior inspecEion. of the prop�rty..."
Exterior Ins�ection and O�her Means
"An interior inspection. o�the properry is not reguired, if the municipality finds that
(1) the municipality or authority is unable to gain access to th� property after using its best
efforts to obtain perznission from the party that owns or controls the property; and
{2) the evidence otherwise supports a reasonable conclusion that the building is structurally
substandard."
Page 4
Dacumenfa�ion
"Written documentation of the �ndings and reasons why an interior znspection was not
conducted mvst be made and retained under section 469.175, subdivision 3{1)."
Qualification Requirements
Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires two tests for occupied
parcels:
A. Coverage Test
..."parcels consisting a� 70 percent af the area of the district are occupied by buildings,
streets, utilities, or paved or gravel �arking lots"
The coverage required by the parcel to be considered occupied is de�ned under
Minnesota Statutes, Section 469.I74, 5ubdivision .10(e}, which states: "For purposes oi
this subdivision, a parcel is not occupied by buildings, streets, utilities, or paved or gravel
parl�ing Iots unIess I5 percent of the area of the parcel contains building, streets, utilities,
or paved or graveI parking lats."
B. Condition of Bui[dings Test
..."and 20 percent of the buildings are structurally substandard; and 30 percent of the
oth�r buildings require substantial renovation or clearance to retnove existing conditions
such as: inadequate street (ayo�t, incompatible uses or Iand use reIa�ianships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete
buildings not suitable for improvezx�.ent or conversion, or other identified hazards to the
health, safety, and general well-being of the community."
Siructurally substandard is defined under Minnesota Slatutes, Section 469.174,
Suhdivision 10(h), which states: "For purposes of this subdivision, `structuraliy
substandard' shall zx�ean containing defects in structural elernents or a combination af
deficiencies in essential utiiities and facilities, 1ig1�t and venti�ation, fire proteciion
including adequate egress, layout and condition of interior partitions, or similar
factors, which defects or deficiencies are of sufficien# total significance to justify
substantial renovation or clearance."
a. We do not count energy code deficiencies taward th� thresholds required by
Minnesota Statutes, Section 469.174, Subdivision 10(6)) def ned as "structurally
s�bstandard", du� to concerns expressed by the State of Minnesota Court of
Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed Novezx�6er
13, 2001.
2. Buildings are not eligible to be cansidered structurally substandard unless they meet
certain additional criteria, as set for�h in Subdivision 10(c) which states:
"A building is not structurally substandard if it is in cornpliance with the building
code applicable to new buildings or could be rrtodified to satis�y the buitding code at a
Page 5
cost of less than 15 percenC of the cost of constructing a new structure of the same
square footage and type or� the site. The municipality nnay �nd that a building is not
disqualified as struc#urally substandard under the preceding sen.te�ce on the basis of
reasonably available evidence, such as the size, type, and age of the building, the
a�erage cost of pluxnbing, electrical, or structural repairs, ar other simiiar reliable
evidence."
"Items of evidence tHat support such
disqualifed] include recent fire ar police
housing inspections, exterior e�idence �
evidence."
a conclusion �that the building is not
inspections, an-site property appraisals ar
f deterioration, or other similar reliable
LHB counts energy code def ciencies toward the 15 percent cade threshald required
by Minnesota Statutes, Seciion 469.174, Suhdivfsion 10(c)) for the t'ollawing reasons:
� The Minnesota energy code is one of ten building code ar�as highlighted by
the Minnesota Department of Labor and Indus�ry website where mininnum
constcuction standards are required by law.
• The index page of the 2007 Minnesota Building Code iists ih� Minnesota
Energy Code as a"Required Enforcement" area compared to an additional
Iist oi"Optional Enforcement" chapters.
• The Senior Building Code Representative for the Construciion Codes and
Licensing Division of the Minnesota Department of Labor and Ind�stry
conftrmed that the Minnesota Energy Code is being enforced throughaut the
State of Minnesota.
•�n a January 2002 repor� to tk�e Minnesota Legislature, the Manageratent
Analysis Division of the Mir�nesota Department of Administration confirmed
that the construction cosi of new buildings cam.plying 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 replacerr�ent value of
a new building built under current code standards wi#k� the repairs that would
be necessary to bring the existing building up to current code standards. In
order �or an equal comparison t� be made, all applicable code chapters should
be applied to botf� scenarios. Since current construction estirnating software
automatically applies the construction cast of co►nplying with the Minnesota
Energy Code, energy code deficiencies should also be identified i� the
existing structures.
PART 3 — PROCEDURES FOLLOWED
A. LHB was able to schedule interior a�d exterior inspections for ihree buildings in the
praposed TIF D'rstrict on October 29, 2010. After a cursary review of all three
buildings, it was determined that the McKnight buiIding would not be faund
substandard, so no furtt�er inspectio�as were conducted in that building.
Page b
PART 4 — FINDINGS
A. Coverage Test
L The total square foot area o� each parcel in the proposed TIF District was obtained
firorn City records, GIS mapping and site veri�catio�.
2. Th.e total square foot ar�a of buildings and site improvements on the parce�s in the
proposed TIF District was obtained fro�n City records, GIS mapping and site
verification.
3. The percentage of coverage for each parcel in t�e prapased TIF District was
computed to determine ii the 15 percent minimUm requirement was met. T�e total
square footage of parcels meeting the 1 S percent requirernent was divided into the
#otal square %otage of the entire district to determine if the 70 percent requirement
was met.
Fi�ding:
The proposed TIF' District nnet the coverage test under Mrnnesota Statutes, Section
469.174, Subdivisian 10(e), which resulted in parcels consisting of 100 percent of the
area of the pra�aosed TIF Dis�rict being occupied by buildings, streets, utilities or
paved drives or parking Iots {Diagram 2). This exceeds the 70 percent area co�erage
requirement for tk�e proposed TIF District under Minnesota Statutes, Section 469.I74,
Suhdivision IOa {a} (1).
Aiagram 2
Shaded area denotes parcels more than 15 percent occupied by
huildings, streets, utilities or paved drives or parking lots
Page 7
B. Candition of Building Test
1. Bnilding Inspection
The first step in the evaluatian process is the building inspection. After an initial
walk-thru, the inspector makes a judgement whether or not a huilding "appears" to
ha�e enough d�fec�s or deficiencies of sufficierzt total significance to justify
substantial renovation or cl�arance. If it does, the inspector documents with notes and
photographs cade and non-code deficiencies in the building.
Replacement Casi
The second step in �valuating a building to determine i� it is s�bstandard to a degree
requiring substantial reno�ation or clearance is fa determine its replacement cost.
This is the cost of cons�ructing a new structure of the sarne sc�uare footage and type on
site. Replacemeni costs were researck�ed using R.S. Means Cost Works s uare foot
rnodels for 2010.
A replacement cost was calculated by £'irst establishing building use (office, retail,
residential, etc.}, bui�ding construction type {woad, concrete, masonry, etc.), and
building size to abtain the appropriate median replacement cost, which factors in the
costs of constructian in Arden Hiils, Minnesota.
Replacetx�ent cost includes labor, materials, and the contractor's overhead and proiit.
Replacement costs do not include architec#ural fees, legal fees or other "soft" costs
not directly related to consiruction acti�iti�s. Replacement cost for each building is
tabulated in Appendix A.
3. Code Deficiencies
The next step in evaluating a building is to deterrnine what code deficiencies exist
with respect to such building. Code de�ciencies are those conditions for a building
which are not in compiiance with current buildi�g codes appiicable to new buildings
in the State of Minnesota.
Minnesota Statutes, Sectzon 469.174, Subdivision 10{c), specifically provides that a
b�ilding cannot be considerec� str�cturaliy substandard if its code de�ciencies are not
at least 15 percent of the replacement cos� of the building. As a result, it was
necessary to determine the extent ai code deficiencies for each building in the
proposed TIF District.
The evaluation was made by reviewing all available informaiion with respect to such
buiIdings containe� in City Building Inspection recards and making interior and
exteriar inspections of the buildings. LHB utilizes the 2007 Minnesota State Building
Code as the official code for our evatuations. The Minnesota State Building Code is
actually a series af provisional codes written speciiically %r Minnesota only
Page 8
requirements, adoption af several interinational cades, and amendments to tt�e adapted
interr�ational codes.
After identifying the code deficiencies i� each building, we �sed R.S. Means Cost
Works 20�0• Unit and Assembl Costs to detertnine the cast oi correcting the
identi£'ted defciencies. We were than able to coz�pare the correction costs with the
replacement cost oi each bUilding �o determine if the costs for correcting code
deficiencies eacceed the reyuired 15 percent threshold.
Fi�ding:
Two (2) aut of three (3) buildings (67 percent) in the proposed TIF District contained
cade deiiciencies exceeding the i 5 percent threshold requir�d by Minnesota Statutes,
Section 469.174, Suba'ivision 10(c). A cozx�plete Building Code and Condition
Deficiency report for each buiIding in the proposed TIF Distirict can be found in
Appendix B of this report.
4. System Condition Deficiencies
If a building tneets the minimum code deficiency threshold under Minnesota Statutes,
Section 469.174, Subdiviszon 1 p(c), then in order for such building to be "siructurally
substandard" under Mannesota Statutes, Section 46917�1, Subdivision 10(b), the
building's defects or deficiencies should be of sufficient total significance to justify
"substantial renovation or clearance." Based on tk�is definifiion, LHB re-e�aluated
each of the buildings that met the code deficiency th.reshold under Minnesota Statutes,
Sectron 4d9.174, Subdivision 10(c), to determine if the total deficiencies warranted
"substaniial renovation or clearance" based on the criteria we outIined above.
System condition deficiencies are a measurement of defects or substantial
deteriaration in siie elements, structure, exteriar envelope, mechanical and electrical
camponents, fire protection and ennergency systems, interiar partitions, ceilings,
floors and doors.
The evaluation of systern condition deficiencies was made by reviewing all available
infoz�t�aation cantained in City records, and n:�aking ir�terior and exteriar inspections of
the buildings. LHB only iden�ti€ied system condition de�ciencies 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 companent's deficiencies.
After identifying the system candition deficiencies in each building, we used our
professianal judgment to determine if the list of defects or de�ciencies are of
sufiicient total significance to justify "sUbstantial renovation or clearance."
Page 9
Finding:
�n our professional opinion, one (1) of the three (3) b►�ildings {33 percent) in the
proposed TiF District is structura�ly substandard to a degree requiring substantial
renovation or clearance, because of cEefects in structural eleznents or a combination of
deficiencies in essential utilities and facilities, light and ventilatio�, fire protection
including adequate egress, layout and condition of interiar partition.s, or similar
factors which defects or deficiencies are of suf�cient total signi�cance to justify
substantial renovation or clearance. This exceeds the 20 percent requirement of
Subdivision 10a. (a) (1) (ii}.
Subdivision ] Oa. (a) (1) {iii)
Subdivisian 10a. (a) (X) (iii) requires that at least 30 percent of the other buiIdi�ngs
(i.e., all buildings excIuding the 24 percent minimum standard) meet the Subdivision
l0a (T), clause {iii) test in vvhich the "other" buildings require substantiai renovation
or clearance to remove existing conditions such as: inadequate street layout,
incompatible uses or land use relationshaps, overcrowding of buildings on the lana',
excessive dwedling unit density, obsolete buildangs not suitable for improvement or
conversion, or other identified hazards to the health, safety, and general well-being of
the community.
Finding:
One out of ihe two remaining buildings (SO percent} in the proposed Renewal and
Renovation Dist�rict exhibit existing conditions warranting renovation ar clearance as
deiined by Minnesata Statutes Subd. 10a. (1) (iii}, described as follows:
• TIF Parcel2 -- The Sutton Place Senior Apartment building was remodeled in
1984 from a school building originally built in 1939. While the building has
served its clientele weli over the years, it is no longer a desirable Iocatian for
senior housing for several reasons. �'irst oi ail, its remote location in relation
to �he main Presbyterian Hames Campus creates a sense of isolation for the
residents. This sense of isalation is campour�ded by the orientation oifihe
building, tk�e topography oftk�e site, ar�d the lacic of critical mass in a buiIding
with only 20 aparlxrae�nts. Curren# trends in senior housing focus on
comrnunity a�nenities such as a"Main Street" concept where residents can
mingle witH their friends and neighbors in a variety of settings. Sutton Place
has none of these features with the exception of one dining room.
The Sutton Piace building is well-rnaintained, which is why it was noi found
to be substandard ttnder Minnesota Statutes, Section 469.174, Subdivisron
10(G�. However, it do�s have signi�cant cade deficiencies (23 percent of the
building replacezx�ent valUe) including ADA issues at the prime entrances and
at every apartment bathroom. In addition, the building lacks a fre suppression
systenn and h.as a substandard �re ala�n system. These issues are especially
significant in a senior housing bailding as many o:Fthe residents ha�e i►npaired
Page 10
mobility. In our judg�nent, this parcel meets the Subdivision l0a (1), clause
{iii) test as an absolete huilding not suitable for improvement or con�ersion.
C. Distribution of substandard staructures
Much of this repo�t has focused on the condition of individual buildings as they relate
to requirenaents identified by Minnesota Statutes, Section 469.174, Subdivision 10
and IOa. It is aIso important to look at the distribution of substandard bUildings
thraughout the geographic area of the proposed TIF District.
Finding:
BuiIdings meeting the rec�uirer�ents of Minnesota Statutes, Sectian ��9.179,
Subdivision 10 and l0a are reasonably distributed throughout ihe geographic area of
ihe proposed TIF District (Diagram 3).
Diagram 3— Distribution of Substandard Structures
Yellow Shading—Structttrally Substancfard Building
Blue Shading— Other Conditions warranting renovation or clearance (�'u6d. 10a. (I) (iiiJ
Page 11
PART 5 - TEAM CREDENTIALS
Michael A. Fischer, AIA LEED AP - Project PrincipallT.IFAnalyst
Mich:aeI has twenty-four years of architectural experience as project principal, prolect manager,
project designer and project architect on municipal planning, educaiional, cort�mercial and
governmentai projects. He is a Senior V�ce President at LHB an.d currently leads the
Minneapolis office. Michaei 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 cornrnittees, boards and commanity task forces,
including a term as City Council President and Chair of the Duluth/Superiar Metro�oliian
Planning arganization. He is cunrently Chair of the PIanning Commission in Edina, Minnesota.
He was one of four architects in the country to receiv� the National "Young Architects Citation"
froxn #he American Institute of Archiiects in 1997.
Ben Trausdale, AIA - Pt�oject Manager/1`nspectar
Ben is a project architect in LHB's Minneapolis office with 20 years ofi experience working on a
variety of multi-fazn.ily �ousing and commercial projects. He has extensive skiils in creating
quality construction documents that convey a b�ilding's fundamentals and unique design
details. H�s responsibiiities inc�ude project managernent, code analysis, and overseeing
document production. Ben i� a licenscd architect in Minr�esota and is involved with AIA
activities incIuding Search for SheIter charrettes.
Lydia Major, MLA, ASLA — GrS/Mapping
Lydia brings a passion for design that bene�ts the client, th� cott�munity, and the environment.
Her experience includes designing and drafting commercial and resider�tial properties at a
�ariety of scaIes. Lydia integrates her skills with AutaCAD, ArcGIS, and the Adobe Creati��
Suite to produce plar�s, colar renderings, booklets, and other presentation materials.
Cammunication 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 p�ablic-reiations materials.
M:11QProj11 0 0 5 3 714ad pesign140b ReportslT]F1Final Reportllteno�ation and Renewal TIF Finai Report 11-19-16.doc
APPENDICES
Appendix A— Pxoperty Condition Assessmez�t Summary Sheet
Appenciix B— Buiiding Code and Condition Deficiencies Reports
Appendix C- Property Condition Assessrr�ent
Building Replacement Cost Reparts
Code Def ciency Cost Reports
PhotograpI�s
Page 12
APPENDIX A
Paroperty Condition Assessment Summary �heet
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APPENDIX B
Building Code and Condition Deficiencies Reporfs
ARDEN HILLS, M[NNESOTA
RENEWAL AND RENOVATION TIF DISTRICT
CODEICONDITION AEFICIENCY REPORT
November 19, 2Q10
Map No. & Bnilding Nam�e: Map No. iA -� LakeView Building
Inspection Date(s) & Time(s}: October 29, 2010; 1:OOpm
Inspec�ion Type: Interior/Exterior
Summary of De�cie�cies: It is our proiassional opinion #hat this building is Substandard because:
- BuiIding Code deiiciencies total more than 15% of replacement cost.
- Substantial renovation is required to cox-irect Canditions found.
Es�imated RepEacennent Cost: $24,837,586
Estimated Cost to Correct BuiFding Code Deficienties: $6,314,029
Percentage of Replacement Cost: �fl°�u
Describtion of Conditian De�iciencies
Miruiesota Statutes, Section �69.174, Subdivision 10, states that a building is Structurally Substandard if it
contains "defects in structural elennents or a combinatian 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 deiiciencies are of suffic�ent total significance to justify substantiai renovation or
clearance."
A. Defects in Struetural Elements
1. The existing shingle and membrane roois should be repiaced.
2. The building is experiencing water intrusion in multiple Iocations causing damage to walls, #loors and
ceilings.
B. Comhinaiion of Defciencies
1. Essential Utilities and Facilities
a. Domastic water supply system is inadeguate.
h. Mechanical system is inadequate.
c. The existing bathrooms in each unit are too small to meet ADA requirements.
d. Repair fin-tube radiation in corridors (20 percent).
e. Asbestos wrap to be rernoved in mechanical rooms.
2. Li�ht and Ventilation
a. Install a new ventilation system.
b. Upgrade eIectrical panels.
c. Water inside light fixture in rear exit corridor.
d. RepIace T-8 light fxtures.
e. Window and door glazing in corridors have broken seals. Glass fogging up.
3. �'ire Protection/Adequate E r�
a. Remove unit heater in rear exit stairwell. Currently blocking egress.
b. Replace four elevators to meet curren# eleva�or code.
c. W�eel chairs stored in corridors due ta lack of space in rooms.
�F. Layout and Condition of Interior Partitions/Materials
a. Paint required on 5 percent of wall surfaces.
b. Carpet damage in 5 pe:rcent af building.
c. Carpet base damage in corridors.
d. Mold datnage on carpet in a few locations.
e. VCT #ile damage in 10 percent of building.
£ C�iling tile in corridors darriaged from water intrusion.
g. Significant water damage on lake side of building.
h. Mold visible in one office space and several basement {tunnel) spaces.
i. Repair #ile base.
j. Re-caulk tub/floor edge.
k. Remove exposed security cable in carridors.
5. Exterior Construction
a. Fascia and soffits in need af repartr, paint.
b. Gutters are daznaged and need replacement.
c. Missing window sills.
d. Brick requires tuck-pointing.
e. Paint a�l exterior wood surfaces.
£ Holiow metal door frames rusting away.
g. Re-grade courtyards to pre�ent water intrusion.
Ove�-view of Condition Deficiencies
The Lake View b�ilding has defects in structural elements including most of the exterior envelope, allowing
water intrusion into the building. In addition, the building has deficiencies in all five categories listed above,
including serious de�ciencies in the mechanical syst�:t►�, domestic water suppiy and accessibilfty.
Th� building is currentIy functioning as a viable senior assisted iiving facility due to the heroic efforts of a
caring maintenance staff. They are continually applying "�and aides" to building systems because permanent
fixes at'e impracticaI from a iinancial and physical perspective. Cur.rentIy, the heating, cooling and domestic
water is routed thraugh a camplex, antiquated tunnel system that is partially inaccessible to maintenance staff,
zz�aking repairs costly and unsa%, ii not impossible.
Almost every bathraom in the building requires a corzapiete remodel, including n.ew door openings, to allow
enough space for wheelchair movements. This is especialiy critical in an assisted iiving facility where the
rr►obility of the residents is a challenge. If there were �n.ough space in each unit to ex�and the bathroom (a�td
that is daubtful), the cost of the remodeling would exceed the practical limits in a building of this vin#age,
especially when combined with the other significant remodeling required throughout the facility.
In total, the defects and deiiciencies in this building are af sufficient total sigr�iiicance to justify subs�antial
xenovation or clearance.
Descrin�on of Code Deficiencies
1. Install a new ventiiation system ta provide code required ventiiation to current ASHR AE standards (IBC
1243.1).
2. The roof is at the end of its service life allowing wa�er intrusion in building. Tear-off and replace roof,
flashings and copings (iBC 1503.1).
3. Bathrooms do not meet accessibility requirements (IBC Chapter 29}. Replace existing bathroams with
new accessible bathrooms.
4. Replace four elevators to meet current elevator code (MN Ruie 1307)
5. Replace Damestic water supply system, eliminating all piping in concealed spaces.
6. Waterproof faundation walls and floors to eliminate wat�r intrusion into building.
7. Mechanical systezn is not adequate. Lack of working cantrols, failing circulation pumps, plugged reheat
eoils, lack of cooling supply and control to memory care.
S. Inadequate genez'atar back-up power.
9. Insu�ate pipes under bathraom sinks.
ARDEN HILLS, MINNESOTA
RENEWAL AND RENOVATION TIF DISTRICT
CODE/CONDITION DEFiCIE1vCY REP4RT
November 19, 2U10
Map No. & Building NaEne: Map No. 2— Sattan Place
Inspection Date(s) & Time(s): October 29, 2010; 3:QOpm
Inspection Type: InteriorlExterior
Summary of Deficiencies: It is aur professional opinion thai this building is not Substandard because:
- Building Code deficiencies total more than 15% of replacement cost.
- Hawever,
- Condition defciencies do not justify substantial z'enovation.
EsEimated Replace�ent Cost:
Estimated Cost to Corre�t Building Code Deficiencies:
Percentage of Replacement Cost:
$3,350,776
$774,785
23 %
Descriut�an of Condition Deficiencies
Minnesota Statutes, Sectian 469.17�F, Sttbdivision i0, states that a building is Structut'ally Substandard if it
contair�s "defects in structural eIem�nts or a combination of deficiencies in essential utilities and facilities, light
and ventilation, fre protection including adequate egress, layout and conditian of interior partitions, or similar
factors, which defects or deficiencies at�e of sufficien� iotal significance to justify substantial renovation or
clearance,"
A. Defects in Structural Elements
1. HaIf of the rriemb rane roof requires replacement.
B. Combination of Deficiencies
1. Essential Utilities and Facilities
a. The existing bathrooms in each unit are too small to meet ADA requirements.
2. Li ht and Ventilation
a. Upgrade from wuadow air conditioning units.
3. Fire ProtectionlAde uate E ess
a. Replace one elevator to meet current elevator coda.
b. Wheel chairs stored in corridors due to lack of space in rooms.
c. Remodel front entrance and at least one rear entrance for accessibility.
d. Install new f re alarm system.
e. Install new sprinkler system.
4. La out and Condition oi Intez-ior Partitions/Materials
a. Paint required on 5 percent of wall surfaces.
b. Carpet base damage in carridors.
c. Mold damage on carpet in a few loca#ions.
d. Ceiling tile in corridors damaged fronn. water intrusion.
5. Exterior Construction
a. Fascia and soffts in need of paint in a few locatio�s.
b. Paint all exterior wood surfaces.
c. Hollow nnetal doar frames rusting at rear exit.
d. Re-pave parking lot near sidewalk, H.C. parking spots.
Overview of Condition Deficiencies
The Sutton Place building is mostly challenged with accessibility issues including the primary entrances and
remodeling that wouId be required in the bath�'ooms of most uriits. However, the units are generally a bit larger
in �uiton Place making the remodeling of the bathrooms zx�ore viable than the Lake V iew buiIding.
In general, the mechanical and dornestic water system in Sutton Place is more accessible for cantinuing
maintenance, and the averall condition of the building is better than the Lake View building. However, Sutton
Place will require the installatior� of a sprinkler system.
Overall, Suttan Place is a well-maintained buiIding that does not have a lot of "visible" deficiencies. While the
building clearly exceeds 15 percent oi the replacement cost in code deficiencies, we would not consider the
ov�t'aIi condition deficiencies alane of sufficient total significance to justify substantial renovation or clearance.
Descri tion of Cade De�ciencies
1. Install a new ventilation system to provide code required ventilation to curt'ent ASHRAE standards (IBC
1203.1).
2. The roaf is at the end of its service life allowing water intrusion in building. Tear-off and replace roof,
fIashings and copings (half of roo� (IBC IS03.1).
3. Bathrootns do no# meet accessibility requirements (IBC Chapter 29). Replace existing bathrooms wit�
new accessible bathrooms.
4. Replace one elevator to meet current elevator code {MN Rule 1307)
S. Insuiate pipes under bathroom sinks.
6. Remodel the front entrance for accessibility.
7. Remodel one rear entrance %r accessibility.
8. Install a new fire alarm systerr�.
9. Install a new sprinlcler syste:tn in building.
_ ___ __ __ _. _ _ __ _
APPEND�X C
Properfy Condition Assessrnents
Building Replacement Cost Reporis
Coc�e Deficiency Cost Reports
Photographs
uare Foot Cost Estimate Report
Building Type: Woad frame
.. . .. .. ....._ . . . . .... .... ... _.._-- . ._ �.._,_ ... .. _.___
Location: MWNEAPOLIS, MN
5tory Count 1
5tary Height (L.F.j: 12
F[oor Area (S.F.}:
Lahor Type:
Basement included:
Data Release:
Cast Per Square Foot:
Building Cost:
148400
Un9on
Yes
Year 2010 Ctuarter 3
Sa.ao.ax
$20,837,586
� : .....�...,�...........�,�.....,._.,_........� ....... _._�..,. �_W_..,,_.._.._....�.�_.,2�T - ._.,._
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rod Siding / �
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ECosts are denved t�om a 4uUding model wf[li hasic mrnporoen7s.
ESrapedi44emn-esa��dmarkelmndiGonscancausxws7�tovarysignificantly. i
€
��`FamEnQters are qae wkhin the ran�es recommended k�y 85h,euns. �
storage
A2020 Basement Walls $2.29 $339,836
thick
B101fl Floar Construction $18.76 $2,783,9$4
height, 142 Ibs/LF, AOOOPSI
15'x15' bay, 75 PSF superimposed [oad, 153 PS� total load
BI02fl Roof Cpnstruction $8.24 $1,222,8l6
Wood roof, truss, 4/12 slope, z4" O.C., 44' to 60' span
8201fl Exterior Walls $1.19 $176,596
bevel siding
82020 Exteriar Windows $0.86 $127,624
Windows, wood, double hung, insulated giass, 3'-0" x 5'-6"
62030 Exterior poors $1.54 $228,53fi
hardware, 6'-4" x 7'-0" opening
€3" opening
63U10 Roaf Coverings $Z•58 $382,872
Asphalt roofing, str�p shingles, 9norganic, Class A, 4" slope, 210-235 Ibs/SQ
Flashing, aluminum, no backing sides, .019"
Gutters, box, aluminum, .027" thick, 5", enameled finish
thick
� �i• .[
C1010 Partitions $7.13 $1,458,092
OC framing,same opposite face, 0 insul
5/8" gypsum board, taped & finished, painted on 2 x 4 studs 16" Q.C.
C1020 Interior poors $7.50 $1,113,flUD
baor, single leaf, wood #rame, 3'-0" x 7`-0" x 1-3/8", birch, solid care
A1D].0 Standard Faundations $1.55 $234,472
KSF, 12" deep x 24" wide
4' - 5" square x 15" deep
A1D3Q 51ab on Grade $5.72 $848,848
5lab on grade, 4" thick, non industrial, reinfarced
A2010 Basement Extavation $4.47 $653,348
C301U Wall Finishes $2.53 $375,452
primer & 2 coats
C3020 Fioar Finishes $10.29 $1,527,�36
Carpet, tufted, nylon, roll goods, 12' wide, 36 oz
Carpet, padding, add to above, minimum
Tile, porcefain type, minimum
C3030 Ceiling Finishes $9.00 $1,335,600
finish,l" x 3" wood, 16" OC furring, wnod suppart
� £
D2810 Pfum6ing Fixtures $9.81 $1,455,804
Water closet, vitreous china, Cank type, 2 piece close coupled
Lavatory w/trim, wall hung, PE on CI, 19" x 17"
Kitchen sink w/trim, countertop, PE on CI, 42" x 27." double bowl
Laundry sink w�Crim, malded sfone, on wall, 22" x z1" single compartment
Seroice sin[c w/trim, PE on Cl,wall hung w/rim guard, 24" x 20"
Bathtub, recessed, PE on C1, mat bottom, 5' long
Water cooler, eleckric, wall hung, dual height, 14.3 GPFi
fl3050 Terminal & Package Units $3.3Z $491,204
A/C packaged, DX, air taaled, hat water heat, constant voiume, 15 ion
D401Q Sprinklers $1.84 $273,056
Wet pipe sprinkler systems, steel, light hazard, 1 floor, 1Q,Q00 SF
�5U10 Ele[trical5ervice/Distri6ution $3.90 $57$,76U
phase, 4 wire, 1.�0/2Q$ V, 6Q0 A
Feeder installation �0� V, including RGS conduit and XHHW wire, 600 A
Branch installation 600 V, incl�ding EMT conduit and iHW wira, 65 A
Switchgear installation, incl switchboard, panels & tireuit breaker, 600 A
D50Z0 Lighting and Branch Wiring $11.64 $1,727,376
Receptacles incl plate, box, conduit, wire, 20 per 1040 SF,2.4 watts per SF
Wall swit�hes, 2.5 per 1000 SF
€vliscellaneous power, to .5 watts
Central air conditioning power, 4 watis
Nlator instalkation, three �hase, 200 V, 15 HP motor size
V 40 hfP, 575 V 5fl HF
5afety switch, 200 A fused, 3 phase, 50 HP ZQO V or 60 HP 230 V
fixtures @4� watts per 1000 SF
fixtures per 1000 5f
D5030 ComrrEunications and Security $7.71 $1,144,164
detectors, includes ou�lets, boxes, conduit and wire
wire, intercom systems, 25 stations
wire, masier N an�enna systems, 12 outlets
D5090 Other Electrical Systems $0.21 $3i,f64
gas/gasoline aperaYed, 3 phase, 4 wire, �77/480 V, 7.5 kW
. . � ef�, � �� e
E101Q Commercial Equipment $0.00 $0
16 Ib capacity
Architectural equipment, laundry equipment, washers, residential, 4 cycle
E3090 Other Equipment $U.00 $4
econorr�y
economy
SubTotal
Contractor Fees {General Conditions,4verhead,Profit�
ArchitecturaE Fees
I00%
15.00%
0.00%
$122.10 $18,119,640
$18.32 $2,7i7,946
$O.OU $�
� ���, � �i �
Total Building Cast $140.42 $20,$37,586
Presbyterian Homes-Arden Hills
Cost Worksheet
Lake View Code deficiency Costs
Item Destription Cost Unit Quantity 7otal
Flat Roof Removal $ 0.70 SF 7,127 $ 4,489
Insulation - R-30 $ 3.60 SF 7,127 $ 2S,&S7
Membrane Adhered w/ Flashings $ 3.75 SF 7,127 $ 2fi,7Z5
Pitched itoaf Tear-off $ 0.90 5F 9Z,z64 $ 83,038
Insulation - dlown R-38 $ 2.20 SF 9Z,264 $ 202,981
Shingles / Felts/Accessories $ 4.50 5F 92,264 $ 415,188
Mechanical Demplition $ 5.00 5f �48,402 $ 742,fl10
Heating- Boiler/ Fin Tube $ 8.00 SF 148,402 $ 1,187,Z16
Air Conditioning $ 7.00 SF 148,402 $ i,038,814
Domestic Water SuppEy Demolition $ 2.00 SF 148,4QZ $ 296,804
New Piping7hroughout building $ 3.00 SF 148,R02 $ 445,206
Elevator
#3000 - Z stops
#3000 - 3 stops
Demolitian
$ 75,400.00 Ea
$ 85,400.00 Ea
$ 10,Dd0.00 Ea
$ 90,00 LF
$ 25.00 LF
� 32.Od LF
$ 4D.00 LF
$ 10,QOO.Od EA
$ 4,OOQ.Op EA
$ 8,000.00 EA
3 $ ZZ5,D�4
1 $ 85,OOU
0. $ 40,000
325 $ 29,250
750 $ 18,750
325 $ 10,A00
325 $ 13,000
134 $ 1,300,000
24 $ 96,000
3 $ Z4,004
Sasement Waterproofing - 8' height
fxpose footings
Drain Piping
Waterpraofing
8ackfill - 5eleck Granular
Remodel Toilet Roams perADA Requirements
Private rooms-major remodel
Private rooms-minor remodel
Pub[ic restrooms
Tptal Costs $ 6,314,029
100537 l.ak� View Building P�otas
2$16x2112 (1.81 MB)
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2896x2112 (1.45 MB} 2816x2112 (.1.5 MB)
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2$i 6x2112 (2.2 MB}
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2816x21'!2 {'I.43 MB}
28�6x2112 {1..25 MB)
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2816x2112 (1.42 MB)
2816x2'I'12 (1.31 M6)
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2816x2'[ 12 (2.38 MB)
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2816x2f 12 (9.92 MB)
2816x21'[2 (1.49 MB)
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1�0537 Lake View SuE[ding Photas
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2816x2112 (1.75 MB)
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2816x2112 (1.66.MB}
'[fl0537 Lake View Building Photos
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2816x2� 12 (1.37 MB) 2816x2112 (2.12 MB)
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2$96x2112 (9.4 MB) 28'�6x2112 (1:8 MB} 2816x2112 (1.29 MB) 281Bx2112 (1.08 MB)
2816x29'[2 (1.37 MB}
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281fix2132 ('[.44 MB)
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1D4537 Lake View Building Photos
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2816x2'[12 ('{.55 MB) 2816x2112 (1.5 MB) 2816x2112 (1.23 MB)
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2816x2112 (1.3 MB)
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'100537 La[ce Visw Building Photos
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281Ex2112 (2.31 MB} 2816x21'E2 (1.99 MB) 2816x2912 (1.32 MB)
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2896x2112 {1.65 MB) 2816x2112 (2.17 MB} 2816x2112 (1.64 MB)
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2816x2192 (1.25 MB)
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28'[6x2'112 {2.€l3 MB)
2816x2t12 (1.95 MB} 281Bx2112 (1.32 NIB)
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2816x211.2 (2.21 MB)
2816x2�f 12 (1.81 MB)
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28'[6x2112 (2.19 MS) 2272x17Q4 (�.$9 MB)
900537 I�ake View Building Phoios
re Foot Cost �stimate
Building Type:
_._...._.�......_...__._.......__... u�..
l.ocation:
Story Count:
Story Height {L.F.}:
MINNEAPOLIS, MN
2
10
Floor Area (S.F.}: 27400
LaborType: Union
Basement Incfuded: No
Data Release: Year 2U1D Quarter 3
Cast Per 5quare �oot $122.29
Building Cost: $3,350,776
�,Y � ��..� ;z;���� �
f.. � '�' � � .:�';`� ,�
� � r� ' �� i �u , � � i
�o �o � �� `� ,� , � � �i c
� � , !� li� e � � � r
- �;;..� ..,� .� �� �_ �. _�._
�
i
�Coses are dei�R�ed Gom a huilding mudel w'rth L�as�c cor��ponef�ts. �
SmNedF(erencrsandmarketmndifiunscancausemsuwudrysignfcantlµ i
._.w._..._.. _...�.,�.�.�...... ..�.....�.,._�ti_��.._. �__.__. ..__.._... ___.;
A1010 Standard Foundations
KSF, 12" deep x 32" wide
KSF, 12" deep x 40" wide
A1U30 Slab an Grade
Sfab on grade, 4" thick, light industrial, rein#orced
A2p1p Basement Excavation
rS. F: .. Cost... .
-:,:..... ..:,.. .: ., >,:. . _ _.,:>
�
$U.97 $26,575
$3.54 $97,000
$fl.li $3,000
site storage
A2020 Basement Walls $1.5U $41,100
thiCk
thick
� � �x- i�
Blplp Ffoor Construc#�on $2.2$ $62,500
Flnor, waod joist, 2 x 12 @12" O.C., 1/2" CDX subfloor
B1020 Rpof Constructian $3.7$ $1U3,500
Wood roof, tr�ss, 4/12 slope, 24" O.C., 30' to 43' span
B2010 Exterior Walls $3.98 $1U9,000
bevel siding
82020 Exterior Windows $2.48 $68,0�0
Windows, aluminum, sliding, standard glass, 5' x 3'
62D30 Exterior poors $0.36 $10,p0U
0" opening
63Q10 Roof Co►rerings $2.03 $55,500
4" slope, 2fi0-30Q Ibs/SQ
Flashing, aluminum, no �acking sides, .a].9"
Gravel stop, aluminum, extruded, 4", mill finish, .�50" thick
- . ��i
C101Q Partitions $7,50 $2Q5,Sa0
gypsum board, 2-1/2" @ 24", same opposite face, no insulaiian
1/2" fire ratedgypsum board, taped & finished, painted on metal furring
C3020 Interior poors
poor, singie leaf, wood frame, 3'-0" x 7'-0" x 7.-3/8", birch, solid core
Frame
$7.14 $195,50d
paor, single leaf, wood frame, 3'-0" x 7'-0" x 1-3/8", birch, hollow core
C1030 Fittings $2.8fi $78,500
Cabinets, residentiak, wall, two doors x 4S" wide
C2010 StairConstru[tian $0.64 $19,000
Stairs, wood, prefab box type, oak treads, wood rai�s 3'-6" wide, 14 risers
C3030 Wall Finishes $2.88 $79,OOQ
primer & 2 coats
Vinyl walE covering, fabric bacfc, medium weight
Ceramic tile, thin set, 4-1/4" x 4-1/4"
C3020 �loor Firtishes $5.40 $14$,000
Carpet tile, nylon, fusion bonded, 1S" x 18" or 24" x 24", 24 oz
Carpet tile, nylon, fusion bonded, 18" x 18" or Z4" x Z4", 35 oz
Carpet, padding, add to above, minimum
Carpet, padding, add to above, maximum
Vinyl, composition tile, minimum
Vinyl, cpmposition tile, maximum
Tile, ceramic natural ciay
C3030 Ceiling Finishes $4.84 $132,500
textured finish, 7/8"resilient channel furring, 24" OC support
o E � 1 1 E 1
D1010 Elevatnrs and Lifts $5.09 $139,5UD
Hydraulic passengerelevator, 3500 {b., 3 floors, 10'story height, 125 FPiVI
D2Q1U Plumbing Fixtures $12.76 $349,500
Kitchen sink w/trim, tountertap, PE on CI, 24" x 2�.°, single bowl
Laundry sink w/trim, PE on CI, black iron frame, 24" x 20", single compt
Service sink w�trim, PE on CI, corner floor, 28" x 2$", w/rim guard
Bathroom, lavatory & water tloset, 2 wall plumbing, stand alone
hathtub, stand alone
D2020 Domestic Water Distribution $3.67 $10U,5U�
Gas fired water heater, residential, 100< F rise, 30 gak tank, 32 GPH
D2040 Rain WaYer Drainage $0.36 $10,OD0
Roof drain, DW1! PVC, 4" diam, diam, 10' high
Roof drain, DWV PVC, 4" diam, for each additional foot add
D301U Energy Supply $8.83 $242,D00
2Q,000 SF area,200,000 CF vol
D3030 Cooling Generating Systems $8.25 $22fi,050
46.66 ton
D4010 5prinklers $3.63 $99,500
Wet pipe sprinkler systems, steel, light hazard, 1 floor, 5000 SF
S�
D5010 Electrical Service/pistribution $2.23 $61,000
phase, 4 wire, 120/2(38 V, 6�0 A
Feeder installation 600 V, including RGS condui# and XHHW wire, 640 A
Switchgear instaliation, incl switchboard, panels & tircuit breaker, fi00 A
DSU20 Lighting and Branch Wiring $7.fi3 $209,U00
ReceptacEes incE plate, box, conduit, wire, 10 �er 1004 SF, 1.2 watts per SF
Wafl swifiches, 2.5 per 100� SF
Miscellaneous power, 2 watts
D5430
R5090
Centraf air conditioning power, 3 watts
(Vtotor installation, tF�ree phase, 20D V, 15 HF inator size
fixtures }�er 1000 5F
Communica#ions and Security
detectors, incl�des outlets, boxes, conduit and wire
Internet wiring, 2 data/voice out[ets per 100f} S.F.
Other Electrical Systems
$1.35 $36,990
$0.20 $5,500
gas/gasoiine operated, 3 phase, A w'tre, 277/480 V, 7.5 kW
. . _ � E��, i !i �
E1090 Other Equipment $D.UO $D
SubTotal
Copkrattor Fees {General Cvnditions,Overhead,Profit]
100°/v $106.34 $2,913,718
15.004n $15.95 $437,058
Architectural Fees 0.00% $0.00 $0
IJser Fees 0.00% $0.00 $�
� � �
__ _ __ _ __
Presbyterian Homes - Arden Hills
Cost Worksheet
Sutton Rlace Code Deficiency Cvsts
Item Description Cost Unit Quantity Total
Flat Roof Removal $ 0.70 SF ].370fl $ 9,59�
Insuiation - R-30 $ 3.60 SF 3.3700 $ 49,320
Evlernbrane Adhered w/ Flashings $ 3.75 SF 13700 $ 51,375
Methanicaf Upgrades Demolition
Heating - Boiler/ �in Tube upgrades
Air Conditioning and ven#ilatian upgrades
EEevatar #300Q - 3 stops
Demolition
Remodel Toi[et Rooms per ADA Req�irements
Major modi#ications w/Demolition
Minor modifications w/Demolition
5prinkler System - Retrofit (expos�d piping)
Fir� Alarm 5ystem - Retrofit
Reton�gure the Front Entrance per ADA standards
Reconfigure one rear entrance from parking lat per ADA standards
$ 1.00
$ 2.00
$ 4.OD
$ 85,000.0�
$ 10,000.0�
$ 10,fl00.00
$ 4,0��.Oa
$ 3.25
$ Z.25
$ 40,000.00
$ 15,0OO.OQ
5F 27400 $ 27,400
5F 2740U $ 54,SU0
SF 27400 $ 109,6fl0
Ea 1 $ 85,000
Ea 1 $ 14,000
EA 16 $ 160,044
EA 3 $ 12,dOQ
SF 27400 $ 89,050
Sf 27�400 $ 61,650
EA 1 $ 40,004
EA 1 $ 15,000
Totat Costs $ T74,785
'10�537 Sutton P[ace Photos
2816x2� 12 (2.39 MB)
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2816x2t12 (2.33 MB)
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28'l6x2112 (.1.4 MB}
img_5.99.6
2816x2112 (1.96 MB)
img_6000
28'16x2112 (9.71 MB) 2$16x2112 (i.32 MB) 2816x2112 (1:38 Mk3)
img_60Q4
281.6x21 l2 (1.79 M.B) 2$16x2112 (1.78 MB) 2816x2112 {1.61 MB)
img_5993
2$96x2112 (2.01 MB}
img_5997
2$1Bx2112 (2.42 MB}
img_5994
2816x2112 (1.85 MB)
irng_5998
2$16x2112 (1.32 MB)
im g_6002
28'i6x2112 (1.22 M�)
img_600F
2616x2112 {1,38 MB)
2816x2112 (2.41 MB} 2816x2112 (2.26 MB)
100537 Suttan Place Photos
28'E6x21'12 (1.96 MB)
img_6016
2816x2112 (1.93 MB)
img_6017
2816x2112 (1.9$. MSj
img_6018
2816x2112 {1.53 MB)
img_6008 img_6009 img�,6010
2816x2112 (2.33.MB) 2816x2112 (2.41 MB) 2816x2'112 (1.99 MB)
2816x2112 (2.46 MB)
281Bx2'[12 (1.38 MB) 2816x2112 (1.49 MB)
img_fi011 img_60'[ 2
2896x2112 (1.98 MB) 2816x2112 (i.64 MB)
Appendix G
Findings Including But/For Qualificaiions
The reasons and facts supporting the findings for the adop#ion of the Tax Increment Financing Plan {TIF
Plan} for Ta�c Increment Financing District No. 4{District}, pursuant to Mirmasota Statutes, Sections 469.174
througn 469.1799, all inclusive, as amended {the "Act"), as required by Section 469.i75, Subdivision 3 oi
the Ac# are as follows:
1. Finding that Tax 1'ncrement Financing District No. 4 is a renewal and renovation distt�ict as defined in
M.S., Section 469.174, Subd. 10 a.
The District consists of two parcels and three buildings, with plans to xedevelop the area for senior
housing purposes. At least 70 percent of#he area ofthe parcels in the District are occupied by buildings,
streets, utilities, pa�ed or graveI parl�ing lots or other similar stnsctures. One building (�nore than 20
percent of the buildings in the Dis4�-ict} is siructurally substandard as defined in the Act, and one building
(more than 30 percent of the buildings in the District} requires substantial renovation or clearance to
rerno�e existing conditions, such as those existing conditions defined in the Act. (See Appendix P of the
TIF Plan.}
Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely throughprivate investment wrthin the reasonably foreseeahle future and that the
increased rrearket value of the site that could reasanably be expected to occur without the use of tacx
fncrement financing would be less than the increase in the market value estimated to result frorn the
proposed developmerat after subtracting the present value of the projected tax increments for the
maximum duratian of the Dzstrict permitted by the TIF Plan.
The proposed develop�nent, in the opinion of the City, would not reasonably be expected to occur solely
throughprivate investmentwithin the reasonablyforeseeable future: Tl�is finding is supported by the fact
that the redevalopnnent proposed in the TIF Plan m.eets the City's objectives for redevelopment. Tl�ere
are higher costs associated with redeveloping the site due to; accommodating existing residents in their
current units until the new �acility is constructed; relocating existing residen�.s to the new faciiity; and
siie constraints related to topography, grading, demolition and utilities for const�ructing the new facility
adjacent to the existing faciiity. In additipn, increased landscapiag wilI be required to pro�ide an
adequate buffer and screening from the adjacent single-far►rtily homes. Due to these higher costs of
redevelopnnent on the parcels this project is feasible only through assistance, in part, from tax increment
financing. The developer was asiced for and prvvided a letter and a proforma as justification that the
developer would not i�ave gone �orward wit�out tax increment assistance. {See attachment in Appendix
G of #he TIF Plan.)
The increased market va7ue of the site that could reasonably be expected to occur without the use of tax
incrementfinancingwould be less than the increase in rnarketvalue estimated to resultfrom theproposed
developmentafter subtracting the present value ofthe projected tax increments for the maacimum duration
of the District permitted by the TIFPlan: The above finding explained why the proposed redevelopment
would not likely occur without tax increment assistance. It is possible that sorne redevelopment of the
existing senior housing complex wouid go forward without assistaz�ce, but the unique costs of this e�fort
{described above} mean that without assistance, any alternative redevelop�nent would necessarily be
carried out at a smaller scale, and most likely aver a longer period of time. It is impossible to predict
what an alternative market value would be if no tax increnraent assistance were pro�ided, but it is certain
that the alterr►ative redevelopment would produce significantly less value than the comprehensive, high
quality development that is proposed under the TIF Plan. There is no reasonable likelihoad that an
aIternate, unassisted de�elopment vvauld add as much as$9,972,625 in market value (which is the
Appendix �-�
alterz�ate threshold noted beiow).
Therefore, the Ci#y concludes as follows:
a. The City's estimate oF the amount by which the market value of the entire Dis�rict wili
increase without t�e use of tax increment financing is an amount �ess than the amaunt
desczibed in clause d below.
b. If the proposed development accurs, the total increase in market �alue will be $12,623,600
(see Appendices D and G of the TI� Plan)
c. The present value of tax increments from the District for the maximum duration of the
District permitted by #he TIF Plan is estimated to be $2,650,975 (see Appendices D and G
of the TIF Plan).
d. Even if some developrnent other �han t�e proposed development were to occur, the Counczl
finds that no alternative would occur that would produce a markei value increase greater than
$9,972,625 (the amount in clause b less the amount in clause c) without tax increment
assistance.
But For Analys�s ' :
Current Market Value
New Maz-ket Vaiue - Estimate
Difference
Present Value of Ta�c Increment
Difference
Valuc Likely to Occ�r Without TIF is Less Than:
38,238,800
50,862,400
12,623,600
2,b50,975
9,472,625
9,972,625
3. Finding that the TIF Plan for the District confarms tn the general plan for the developmerrt or
redevelopmeni of the municipality as a whole.
The Planning Comrnission reviewed the TIF Plan and found that ihe TI� Pian conforms ta the
general de�elopment plan of the City.
.4. Finding thatthe TIFPIan for the Districtwill affordmaxirraum oppartuniry, conszstentwith the so�and
needs of the City as a whale, for the development or redevelopment ofDevelopment Disirict No. 1
by private enterprise.
The project io be assisted by the District will result in the redevelopment of substanciard properties,
increase the availability of safe and decent life-cycle housing in the City, increase the tax base of the
State and add a high quality development to the City.
Appendix G-z
Attach ment G
Resolution 241 �-�83
CTFY OF ARDEN HILLS
RAMSEY COUNTY
STATE OF NIINNESOTA
Council member introc�uced the following resalutian and moved its adoption:
RESOLUTION NO. 2Q1Q-083
RESOLUTION AUTHORIZING AN INTERFUND LOAN FQR ADVANCE OF
CERTAIN COSTS IN CONNECTION WITH TAX INCREMENT FINANCING
DISTRICT NO. 4.
BE IT RESOLVED by the City Cauncil (the "Cauncil") of the City of Arden Hills, Minnesota
(the "City"), as �oIlows:
Section 1. Back�raund.
1.0 �. The City has heretofare approved the establishment of Tax Tncrement Financing District
No. 4(the "TIF' Disfrict") within Developrnent District No. 1(the "Pz'oject"}, and has adopted a Tax
Ineremient Financing Plan (the "TIF �lan") far �he purpase of financing certain improvements within the
Project.
1.02. The City has determined to pay for certain casts identified in the TTF Plan consisting of
Iand/building acquisition, site irnprovements/prepat'ation, public utilities, streets and sidewatks, other
housing itzlprovements, interest and administrative costs (collectively, the "Qualified Costs"), wh�ch costs
may be financed on a terr�ptirary basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, 5ectian 4b9.178, Subd. `7, tlie City is authorized to ad�ance or
Ioan money from �he City's generaI fund or any ather fund from w�ich such advances may be legally
authorized, in order to �nance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax incraments deriver�
from the TIF Distric# in accordance with the terms of this resoIution (which terms are referred to
collectively as the "Interfund Loan").
Section 2. Terms oi Interfund Laan.
2.01. The City hereby authorizes the adva�nce of up to $415,000 from the PIR fund or so much
thereo�` as may be paid as QuaIified Casts. The City shatl reimburse itself for sucia advances tagether with
interest at the rate stated betow. Interest acert�es on tlae principal amount froan the date of each a�vance.
The m.�imu�n xate af interest permitted to be charged is limited to t�e greater of the rates specified under
Minnesota Statutes, Section 270C.40 or Sectian 549.09 as of the date the loan or advance is aut�orized,
unless the written agreement states that the rnaxinr�utx� interest rate will fluct►aate as the interest rates
speci�ed under Minnasota Statutes, Section 270C.40 or Sectian 549.09 are fronn tirne to time adjusted.
The interest rate shaIl be 4% and will not fluctuate.
2A2. Principal and interest {"Paynnents") on the Interfiuid Loan shall be paid semi-annually on
each August 1 and February 1{each a"Payment Date"}, commencing on the first Payment Date on which
the Authority has Available Tax Increment (defined below}, or on any other dates determined by fhe City
Ad�nninistrator, through the date oi last receipt of ta� incre�nent fra�n the TIF District.
2.03. Payments on this Interfund Loan are payable solely from "Available TaX Increment,"
which shall mean, on each Payment Date, taY irzcre�x�.e�.t available after o#her obligations hav� been paid,
or as determin�d by the City Administratar, generated in the preceding six (b) rnonths with respect to the
properry within the T1F District and remitted to the City by Ramsey County, all in accordance with
Minnesota Statutes, Sectians 469.17A to 469.1799, all inctusive, as amended. �ayments on this Interfund
Loan may be subordinated to any outstanding or fiature bonds, notes or contracts secured in whole or i:n
part with Available Tax Incremeni, and are on parity with any o#her outstanding or future interfund loans
secured in whole or in part wit�. Available Tax Increment.
2.04. The prin.cipai sum and all accrued interest payabie under this �nterfund Laan are pre-
payable in whole or in part at any time by the City t�vithout premium or penalty. No partial prepayment
shall af%ct the amount o:r timing of any ather reguiar paymen� otherwise required to be made under this
Interfund Loan.
2.45. This InterFund Loan is evidence of an interr�al borrowing by the City in accordance with
Minnesota Statutes, Section 4G9.178, Subd. 7, and is a limited obligation payable soiely from Available
T� Incret�ent pledged to the payment hereof under this resalution. This Interfund Loan and the interest
hereon sha11 not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, witllout limitation, the City. Neither the State of Minnesota, nor any
political subdivision thereof shall be obligated to pay the pxincipal of or interest on this Interfund Loan or
other casts incident hereto except out oiAvailable Tax Increment, and neither #he full t'aiti� and credit nor
the t�ing power of the State of Minnesota or any political subdivision thereof is p�edged to the payxnent
of the principal of or interest on this Interfund Loan or otk�er costs incident hereto. The City shall have no
obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may
:remain unpaid after the final Payment Date.
2.06. The City may amend the terms of this Intarfund Laan a# any time by resQlution of the City
Council, including a determination to forgive tha o�tsta�ding principal amount and accru�d interest to the
extent permissible under Iaw.
Section 3. EFfective Date. This resolution is effective upon the date of its approval.
The mation for th.e adoption of the foregoing resolu�ian was duly seconded by Council member
, and upon a voie haing taken thereon, the following voted in favor thereof:
and the following voted against th� satne:
Dated: December 13, 2010
Stan Harpstead, Mayor
ATTEST:
Pat Klaers, City Administrator
{Seal)