HomeMy WebLinkAboutEDA - May 1, 2012ANDOVEA
T Y O F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
May 1, 2012
6:00 p.m.
Conference Rooms A & B
1. Call to Order — 6:00 p.m.
2. Approval of Minutes (April 17, 2012 Regular)
3. Consider Modification to the Development Program for Development District No. 1 and the
establishment of Tax Increment Financing District No. 1 -5.
4. Consider Development Agreement — Arbor Oaks Senior Living, LLC
5. Discuss Bunker Lake Boulevard Redevelopment Options
6. Other Business
7. Adjournment
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Economic Development Authority
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City
SUBJECT: Approval of Minutes
DATE: May 1, 2012
INTRODUCTION
The following minutes were provided by Staff reviewed by Administration and submitted
for EDA approval:
April 17, 2012 Regular
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The EDA is requested to approve the above minutes.
Respectfully submitted,
i
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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ANDOVER ECONOMIC DEVELOPMENT A UTHORITY MEETING
APRIL 17, 2012 - MINUTES
A Meeting of the Andover Economic Development Authority was called to order by President Mike
Gamache, April 17, 2012, 6:00 p.m., at the Andover City Hall, _1685 Crosstown Boulevard NW,
Andover, Minnesota.
Present: Commissioners Sheri Bukkila, Tony Howard, Mike Knight, Julie
Trude, Joyce Twistol, and Robert Nowak
Absent: None
Also present: Community Development Director, David Carlberg
Executive Director. Jim Dickinson
APPROVAL OF
April 3, 2012, Regular
Motion
PUBLIC
Public Works Director /City Eneineer. Dave Berkowitz
as
Minutes as presented. Motion carried
AT ANDOVER STATION
Mr. Carlberg indicated a public hearing is required prior to any EDA land sale. Lots 1 -5, Block 1
and Outlot A and Outlot B, Parkside at Andover Station 2 "d Addition are proposed to be sold to
Capstone Homes Inc. Capstone Homes has received the proposed Purchase Agreement and are
accepting of the changes made.
Motion by Trude, Seconded by Knight to open the public hearing at 6:06 p.m.
Motion by Knight, Seconded by Howard to close the public hearing at 6:07 p.m.
Motion by Knight, Seconded by Bukkila approving the resolution approving the land sale of
parcels located at Parkside at Andover Station 2 "d Addition. Motion carried unanimously.
CROSSTOWN /BUNKER REDEVELOPMENTAREA
Mr. Carlberg indicated staff has been monitoring the area for buildings with rental or for sale
Andover Economic Development Authority Meeting
Minutes —April 17, 2012
Page 2
1 signs. A vacant 4 -plex had a rental sign and staff contacted the property owner, there has been
2 no response at this time from the owner.
3
4 Commissioner Trade stated at the November 16, 2011 EDA workshop, she believed the
5 consensus was to contact a relocation specialist for information on costs. She feels the cost for a
6 long term project will be more than hiring a relocation specialist.
7
8 President Gamache asked if the value of the properties is $150,000 - $180,000. Mr. Dickinson
9 answered the value is based on the condition of the building.
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11 President Gamache suggested focusing on the area on Bunker Lake Boulevard and south of 138'h
12 Avenue.
13
14 President Gamache asked for comments from the Commissioners. Commissioner Nowak
15 suggested waiting six months before moving aggressively.
16
17 Commissioner Trade indicated several years ago when this project was looked at it would have
18 cost the City 3 million dollars, at this time she believes it would be a 1.2 million dollar project.
19 Mr. Dickinson replied to be aggressive without the buildings being vacant each 4 -plex could cost
20 $350,000 plus.
21
22 Commissioner Trade suggested bringing someone in from another city to question that has done
23 this type of redevelopment area.
24
25 Commissioner Trade indicated the City could pursue some grants to help property owners to
26 refurbish the property. Mr. Dickinson stated there have been funds available through CDBG in
27 that area for years, only a few owners have taken advantage of the funds.
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29 Commissioner Howard stated he would like to bring someone in to give the EDA some numbers
30 on what the project could cost. Commissioner Twistol would like to see the EDA be aggressive
31 with this project. Mr. Dickinson reminded the EDA some of the buildings are owner occupied,
32 this puts then into a different situation because you would be taking away a source of their
33 income.
34
35 President Gamache asked if the City is a member of the Met Council's Livable Communities.
36 Mr. Dickinson stated the City is not a member; The Livable Communities Program would be the
37 largest source of grant funds available to the City.
38
39 Mr. Dickinson suggested some options to the EDA for the area:
40
41 Create a Redevelopment District
42 Create a TIF District
43 Issue revenue bonds
44 Utilize the HRA and exercise levy authority and designate funds to work on this project.
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Andover Economic Development Authority Meeting
Minutes —April 17, 2012
Page 3
Mr. Carlberg reminded the EDA staff is watching the area very closely and actively pursuing
available property.
President Gamache stated the results from the Market Analysis Study could indicate if the area
should accommodate commercial or residential. Mr. Carlberg indicated waiting for the analysis
results is a good point.
Commissioner Trude stated she would like a relocation specialist to come and talk to the EDA.
Commissioner Knight stated he would like to know the demand for apartment housing in the
City. Mr. Dickinson answered studies show a demand for rental housing in Andover.
President Gamache asked the EDA what is needed from staff. Commissioner Trude replied she
would like staff to brain storm and bring the EDA options at their next meeting.
ARBOR OAKS — TRIDENT DEVELOPMENT UPDATE
Mr. Carlberg stated the preliminary plat has been submitted and is under review.
Mr. Dickinson indicated the process is moving along very well.
TIF DISTRICT 1- 51TIFPLAN UPDATE
Mr. Carlberg stated the Schedule of Events for TIF District 1 -5 is being followed.
OTHER BUSINESS
Mr. Dickinson stated the north end of the Community Center is used by the YMCA quite
frequently in the summer for their summer programs and to get children onto buses. The Y
would like to construct a 4 -foot high vinyl coated chain link fence in this area to contain the
children from running into the road. The Y will pay for 100% of the project. Mr. Dickinson
stated the City has requested a mow edge be put in along the fence, the Y has agreed.
Commissioner Trude stated she is concerned about the look of the fence jetting out in the front of
the building and would like to see some landscaping around it. President Gamache suggested the
fence be placed back by the shelter. Mr. Dickinson stated he will bring the suggestions from the
EDA to the Y.
ADJOURNMENT
Motion by Bukkila, Seconded by Howard to adjourn. Motion carried unanimously. The meeting
adjourned at 6:59 p.m.
Respectfully submitted,
Andover Economic Development Authority Meeting
Minutes —April 17, 2012
Page 4
Michelle Hartner, Recording Secretary
t,, b 6
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI. ANDOVER. MN.US
TO: President and Commissioners
Jim Dickinson, Executive Directo
FROM: David L. Carlberg, Community Development Director
SUBJECT: Consider Modification to the Development Program for Development
District No. 1 and the establishment of Tax Increment Financing
District No. 1 -5
DATE: May 1, 2012
INTRODUCTION
The EDA is requested to consider the Modification to the Development Program
for Development District No. 1 and the establishment of Tax Increment Financing
District No. 1 -5.
DISCUSSION
Staff has been working with Ehlers to prepare the documents necessary for the
creation of TIF District 1 -5. TIF District 1 -5 is being created for the development
of a 70 unit senior housing project to be known as Arbor Oaks located on the
southwest corner of Hanson Boulevard NW and 155t' Lane NW. TIF District 1 -5
is a Housing District and through its creation will insure an affordable housing
component throughout the life of the district for twenty percent (20 %) of the units.
As a part of the approval process the EDA is requested to review the Program
Modification and TIF Plan (attached).
The City Council is scheduled to hold a public hearing on these documents
tonight's Council agenda.
ACTION REQUESTED
Review the Program Modification and TIF Plan. Adopt the attached resolution.
Respectfully submitted,
David L. Carlberg
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
CITY OF ANDOVER
ANOKA COUNTY
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO. 1, ESTABLISHING TAX
INCREMENT FINANCING DISTRICT NO. 1 -5 THEREIN, AND ADOPTING A
TAX INCREMENT FINANCING PLAN THEREFOR.
WHEREAS, it has been proposed by the Andover Economic Development Authority of the City
of Andover (the "EDA ") and the City of Andover (the "City ") that the EDA adopt a Modification to the
Development Program (the "Development Program Modification ") for Development District No. 1 (the
"Project Area ") and establish Tax Increment Financing District No. 1 -5 (the "District ") and adopt a Tax
Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF
Plan are referred to collectively herein as the "Program Modification and TIF Plan"), all pursuant to and
in conformity with applicable law, including Minnesota Statutes, Sections 469.090 to 469.1082, and
Sections 469.174 to 469.1799, inclusive, as amended (the "Act "), all as reflected in the Program
Modification and TIF Plan and presented for the Board's consideration; and
WHEREAS, the EDA has investigated the facts relating to the Program Modification and TIF
Plan and has caused the Program Modification and TIF Plan to be prepared; and
WHEREAS, the EDA has performed all actions required by law to be performed prior to the
adoption of the Program Modification and TIF Plan. The EDA has also requested the City Planning
Commission to provide for review of and written comment on Program Modification and TIF Plan and
that the Council schedule a public hearing on the Program Modification and TIF Plan upon published
notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
1. The EDA hereby finds that the District is in the public interest and is a "housing district" under
Minnesota Statutes, Section 469.174, Subd. 11, and finds that the adoption of the proposed
Program Modification and TIF Plan conform in all respects to the requirements of the Act and
will help fulfill a need to develop an area of the State of Minnesota for affordable and high
quality housing.
2. The EDA further finds that the Program Modification and TIF Plan will afford maximum
opportunity, consistent with the sound needs for the City as a whole, for the development or
redevelopment of the Project Area by private enterprise in that the intent is to provide only that
public assistance necessary to make the private developments financially feasible.
3. The boundaries of the Project Area are not being expanded.
4. The reasons and facts supporting the findings in this resolution are described in the Program
Modification and TIF Plan.
5. The EDA elects to calculate fiscal disparities for the District in accordance with Minnesota
Statutes, Section 469.177, Subd. 3, clause a, which means the fiscal disparities contribution
would be taken from outside the District. It is not anticipated that the District will contain
commercial/industrial property. As a result, there should be no impact due to the fiscal
disparities provision on the District.
6. Conditioned upon the approval thereof by the City Council following its public hearing thereon,
the Program Modification and TIF Plan, as presented to the EDA on this date, are hereby
approved, established and adopted and shall be placed on file in the office of the City
Administrator.
7. Upon approval of the Program Modification and TIF Plan by the City Council, the staff, the
EDA's advisors and legal counsel are authorized and directed to proceed with the implementation
of the Program Modification and TIF Plan and for this purpose to negotiate, draft, prepare and
present to this Board for its consideration all further plans, resolutions, documents and contracts
necessary for this purpose. Approval of the Program Modification and TIF Plan does not
constitute approval of any project or a Development Agreement with any developer.
8. Upon approval of the Program Modification and TIF Plan by the City Council, the City
Administrator is authorized and directed to forward a copy of the Program Modification and TIF
Plan to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to
Minnesota Statutes 469.175, Subd. 4a.
9. The City Administrator is authorized and directed to forward a copy of the Program Modification
and TIF Plan to the Anoka County Auditor and request that the Auditor certify the original tax
capacity of the District as described in the Program Modification and TIF Plan, all in accordance
with Minnesota Statutes 469.177.
Approved by the Board on May 1, 2012.
President
ATTEST:
Secretary
Tax Increment Financing District Overview
City of Andover
Tax Increment Financing District No. 1 -5
The following summary contains an overview of the basic elements of the Tax Increment Financing Plan
for Tax Increment Financing District No. 1 -5. More detailed information on each of these topics can be
found in the complete Tax Increment Financing Plan.
Proposed action: Establishment of Tax Increment Financing District No. 1 -5 (the "District ") and
the adoption of a Tax Increment Financing Plan (the "TIF Plan").
Modification to the Redevelopment Plan for Redevelopment Project No. 1
includes the establishment of Tax Increment Financing District No. 1 -5, which
represents a continuation of the goals and objectives set forth in the
Redevelopment Plan for Redevelopment Project No. 1.
Type of TIF District: A housing district
Parcel Numbers: 22- 32 -24 -11 -0024
22- 32 -24 -11 -0025
Proposed The District is being created to facilitate the construction of a 70 unit senior
Development: rental housing development with services, in the City. Please see Appendix A
of the TIF Plan for a more detailed project description.
Maximum duration: The duration of the District will be 25 years from the date of receipt of the
first increment (26 years of increment). The EDA or City elects to receive the
first tax increment in 2014. It is estimated that the District, including any
modifications of the TIF Plan for subsequent phases or other changes, would
terminate after December 31, 2039, or when the TIF Plan is satisfied.
Estimated annual tax Up to $140,198
increment:
19 EHLERS
LEADERS IN PUBLIC FINANCE
Authorized uses: The TIF Plan contains a budget that authorizes the maximum amount that
may be expended:
Land/Building Acquisition ..................... ............................... $200,000
Site Improvements/ Preparation .............. ............................... $300,000
Affordable Housing Activities ............... ............................... $500,000
Other Qualifying Improvements ............ ............................... $295,686
Administrative Costs (up to 10%) .......... ............................... $248,716
PROJECT COSTS TOTAL ................ ............................... $1,544,402
Interest................................................. ............................... 1 191 472
PROJECT COSTS TOTAL ............. ............................... $2,735,874
See Subsection 2 -10, on page 2 -5 and 2 -6 of the TIF Plan for the full budget
authorization.
Form of financing: The project is proposed to be financed by a pay -as- you -go note.
Administrative fee: Up to 10% of annual increment, if costs are justified.
Interfund Loan If the City wants to pay for administrative expenditures from a tax increment
Requirement: fund, it is recommended that a resolution authorizing a loan from another
fund be passed PRIOR to the issuance of the check.
4 Year Activity Rule After four years from the date of certification of the District one of the
(§ 469.176 Subd. 6) following activities must have been commenced on each parcel in the District:
• Demolition
• Rehabilitation
• Renovation
• Other site preparation (not including utility services such as sewer and
water)
If the activity has not been started by approximately April 2015, no additional
tax increment may be taken from that parcel until the commencement of a
qualifying activity.
The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required
pursuant to M.S., Section 469.175, Subd. 3, are included in Exhibit A of the City resolution.
Page 2
10 EHLERS
LEADERS IN PUBLIC FINANCE
As of April 25, 2012
Draft for Public Hearing
Modification to the Development Program
for Development District No. 1
and the
Tax Increment Financing Plan
for the establishment of
Tax Increment Financing District No. 1 -5
(a housing district)
within
Development District No. 1
Andover Economic Development Authority
City of Andover
Anoka County
State of Minnesota
Public Hearing: May 1, 2012
Adopted:
Prepared by: EHLERS & ASSOCIATES, INC.
3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105
651 -697 -8500 fax: 651 - 697 -8555 www.ehlers- inc.com
Table of Contents
(for reference purposes only)
Section 1 - Modification to the Development Program for Development District No. 1
Foreword.............................. ............................... 1 -1
Section 2 - Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5
Subsection 2 -1.
Foreword ................ ...............................
2 -1
Subsection 2 -2.
Statutory Authority ......... ...............................
2 -1
Subsection 2 -3.
Statement of Objectives .... ...............................
2 -1
Subsection 2 -4.
Development Program Overview ............................
2 -1
Subsection 2 -5.
Description of Property in the District and Property To Be Acquired .
2 -2
Subsection 2 -6.
Classification of the District .. ...............................
2 -2
Subsection 2 -7.
Duration and First Year of Tax Increment of the District ...........
2 -3
Subsection 2 -8.
Original Tax Capacity, Tax Rate and Estimated Captured Net Tax
Capacity Value /Increment and Notification of Prior Planned Improvements ....
2 -3
Subsection 2 -9.
Sources of Revenue /Bonds to be Issued ......................
2 -4
Subsection 2 -10.
Uses of Funds ............ ...............................
2 -5
Subsection 2 -11.
Fiscal Disparities Election ... ...............................
2 -6
Subsection 2 -12.
Business Subsidies ........ ...............................
2 -6
Subsection 2 -13.
County Road Costs ........ ...............................
2 -7
Subsection 2 -14.
Estimated Impact on Other Taxing Jurisdictions .................
2 -7
Subsection 2 -15.
Supporting Documentation .. ...............................
2 -9
Subsection 2 -16.
Definition of Tax Increment Revenues ........................
2 -9
Subsection 2 -17.
Modifications to the District .. ...............................
2 -9
Subsection 2 -18.
Administrative Expenses ... ...............................
2 -10
Subsection 2 -19.
Limitation of Increment .... ...............................
2 -11
Subsection 2 -20.
Use of Tax Increment ..... ...............................
2 -11
Subsection 2 -21.
Excess Increments ....... ...............................
2 -12
Subsection 2 -22.
Requirements for Agreements with the Developer ..............
2 -12
Subsection 2 -23.
Assessment Agreements .. ...............................
2 -13
Subsection 2 -24.
Administration of the District ...............................
2 -13
Subsection 2 -25.
Annual Disclosure Requirements ...........................
2 -13
Subsection 2 -26.
Reasonable Expectations .. ...............................
2 -13
Subsection 2 -27.
Other Limitations on the Use of Tax Increment .................
2 -13
Subsection 2 -28.
Summary ............... ...............................
2 -14
Appendix A
Project Description ....................... ............................... A -1
Appendix B
Map of the Development District No. 1 and the District .......................... B -1
Appendix C
Description of Property to be Included in the District ............................ C -1
Appendix D
Estimated Cash Flow for the District ......... ............................... D -1
Appendix E
Housing Qualifications for the District ......... ............................... E -1
Section 1 - Modification to the Development Program
for Development District No. 1
Foreword
The following text represents a Modification to the Development Program for Development District No. 1.
This modification represents a continuation of the goals and objectives set forth in the Development Program
for Development District No. 1. Generally, the substantive changes include the establishment of Tax
Increment Financing District No. 1 -5.
For further information, a review of the Development Program for Development District No. 1, adopted
September 2, 1986, is recommended. It is available from the City Administrator at the City of Andover.
Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment
Financing Districts located within Development District No. 1.
Andover EDA Modification to the Development Program for Development District No. 1 1 -1
Section 2 - Tax Increment Financing Plan
for Tax Increment Financing District No. 1 -5
Subsection 2 -1. Foreword
The Andover Economic Development Authority (the "EDA "), the City of Andover (the "City "), staff and
consultants have prepared the following information to expedite the establishment of Tax Increment
Financing DistrictNo. 1 -5 (the "District "), a housing tax increment financing district, located in Development
District No. 1.
Subsection 2 -2. Statutory Authority
Within the City, there exist areas where public involvement is necessary to cause development or
redevelopment to occur. To this end, the EDA and City have certain statutory powers pursuant to Minnesota
Statutes ('M.S.'), Sections 469.090 to 469.1082, inclusive, as amended, and M.S., Sections 469.174 to
469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIF Act "), to assist in financing
public costs related to this project.
This section contains the Tax Increment Financing Plan (the "TIF Plan ") for the District. Other relevant
information is contained in the Modification to the Development Program for Development District No. 1.
Subsection 2 -3. Statement of Objectives
The District currently consists of two parcels of land and adjacent and internal rights -of -way. The District
is being created to facilitate the construction of a 70 unit senior rental housing development with services in
the City. Please see Appendix A for further District information. The EDA has designated Arbor Oaks
Senior Living, LLC. as the developer. This TIF Plan is expected to achieve many of the objectives outlined
in the Development Program for Development District No. 1.
The activities contemplated in the Modification to the Development Program and the TIF Plan do not
preclude the undertaking of other qualified development or redevelopment activities. These activities are
anticipated to occur over the life of Development District No. 1 and the District.
Subsection 2 -4. Development Program Overview
1. Property to be Acquired - Selected property located within the District may be acquired by
the FDA or City and is further described in this TIF Plan.
2. Relocation - Relocation services, to the extent required by law, are available pursuant to
M.S., Chapter 117 and other relevant state and federal laws.
3. Upon approval of a developer's plan relating to the project and completion of the necessary
legal requirements, the EDA or City may sell to a developer selected properties that it may
acquire within the District or may lease land or facilities to a developer.
4. The EDA or City may perform or provide for some or all necessary acquisition, construction,
relocation, demolition, and required utilities and public street work within the District.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -1
Subsection 2 -5. Description of Property in the District and Property To Be Acquired
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed in Appendix C of this TIF Plan. Please also see the map in Appendix B for further information
on the location of the District.
Subsection 2 -6. Classification of the District
The EDA and City, in determining the need to create a tax increment financing district in accordance with
M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a
housing district pursuant to M.S., Section 469.174, Subd. 11 and M.S., Section 469.1761 as defined below:
M.S., Section 469.174, Subd.11:
"Housing district" means a type of tax increment financing district which consists of a project, or a
portion of a project, intended for occupancy, in part, by persons or families of low and moderate
income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National
Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the HousingAct
of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or
the regulations promulgated under any of those acts, and that satisfies the requirements of M.S.,
Section 469.1761. Housing project means a project, or portion of a project, that meets all the
qualifications of a housing district under this subdivision, whether or not actually established as a
housing district.
M.S., Section 469.1761:
Subd. 1. Requirement imposed.
(a) In order for a tax increment financing district to qualify as a housing district:
(1) the income limitations provided in this section must be satisfied; and
(2) no more than 20 percent of the square footage of buildings that receive assistance from tax
increments may consist of commercial, retail, or other nonresidential uses.
(b) The requirements imposed by this section apply to property receiving assistance financed with
tax increments, including interest reduction, land transfers at less than the Authority's cost of
acquisition, utility service or connections, roads, parking facilities, or other subsidies. The
provisions of this section do not apply to districts located within a targeted area as defined in
Section 462C.02 Subd 9, clause (e).
(c) For purposes of the requirements of paragraph (a), the authority may elect to treat an addition
to an existing structure as a separate building if
(1) construction of the addition begins more than three years after construction of the
existing structure was completed; and
(2) for an addition that does not meet the requirements ofparagraph (a), clause (2), if it is
treated as a separate building, the addition was not contemplated by the tax increment
financing plan which includes the existing structure.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -2
Subd. 2. Owner occupied housing.
For owner occupied residential property, 95 percent of the housing units must be initially
purchased and occupied by individuals whose family income is less than or equal to the
income requirements for qualified mortgage bond projects under section 143(f) of the
Internal Revenue Code.
Subd. 3. Rental property.
For residential rental property, the property must satisfy the income requirements for a
qualified residential rental project as defined in section 142(d) of the Internal Revenue
Code. The requirements of this subdivision apply for the duration of the tax increment
financing district.
Subd. 4. Noncompliance; enforcement.
Failure to comply with the requirements of this section is subject to M.S., Section 469.1771.
In meeting the statutory criteria the EDA and City rely on the following facts and findings:
• The District consists of two parcels.
• The development will consist of 70 units of senior rental housing
• 20% of the units will be occupied by person with incomes less than 50% of median income
Pursuant to M.S., Section 469.176, Subd. 7, the District does not contain any parcel or part of a parcel that
qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in
any of the five calendar years before the filing of the request for certification of the District.
Subsection 2 -7. Duration and First Year of Tax Increment of the District
Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration and first year of tax
increment of the District must be indicated within the TIF Plan. Pursuant to M.S., Section 469.176, Subd. lb.,
the duration of the District will be 25 years after receipt of the first increment by the EDA or City (a total of
26 years of tax increment). The EDA or City elects to receive the first tax increment in 2014, which is no
later than four years following the year of approval of the District. Thus, it is estimated that the District,
including any modifications of the TIF Plan for subsequent phases or other changes, would terminate after
2039, or when the TIF Plan is satisfied. The EDA or City reserves the right to decertify the District prior to
the legally required date.
Subsection 2 -8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity
Value /Increment and Notification of Prior Planned Improvements
Pursuant to M.S., Section 469.174, Subd. 7 andM.S., Section 469.177, Subd. 1, the Original Net Tax Capacity
(ONTO) as certified for the District will be based on the market values placed on the property by the assessor
in 2011 for taxes payable 2012.
Pursuant to MS., Section 469.177, Subds. I and 2, the County Auditor shall certify in each year (beginning
in the payment year 2014) the amount by which the original value has increased or decreased as a result of:
1. Change in tax exempt status of property;
2. Reduction or enlargement of the geographic boundaries of the district;
3. Change due to adjustments, negotiated or court- ordered abatements;
4. Change in the use of the property and classification;
5. Change in state law governing class rates; or
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -3
6. Change in previously issued building permits.
In any year in which the current Net Tax Capacity (NTC) value of the District declines below the ONTC, no
value will be captured and no tax increment will be payable to the EDA or City.
The original local tax rate for the District will be the local tax rate for taxes payable 2012, assuming the
request for certification is made before June 30, 2012. The ONTC and the Original Local Tax Rate for the
District appear in the table below.
Pursuant to M.S., Section 469.174 Subd. 4 and M.S., Section 469.177, Subd. 1, 2, and 4, the estimated
Captured Net Tax Capacity (CTC) of the District, within the Development District No. 1, upon completion
of the projects within the District, will annually approximate tax increment revenues as shown in the table
below. The EDA and City request 100 percent of the available increase in tax capacity for repayment of its
obligations and current expenditures, beginning in the tax year payable 2014. The Project Tax Capacity
(PTC) listed is an estimate of values when the projects within the District are completed.
Project Estimated Tax Capacity upon Completion (PTC) $133,402
Original Estimated Net Tax Capacity (ONTC) $6,139
Estimated Captured Tax Capacity (CTC) $127,263
Original Local Tax Rate 1.10164 Pay 2012
Estimated Annual Tax Increment (CTC x Local Tax Rate) $140,198
Percent Retained by the EDA 100%
Tax capacity includes a 3% inflation factor for the duration of the District. The tax cappacity included in this
chart is the estimated tax capacity of the District in year 25. The tax capacity of the District in year one is
estimated to be $32,813.
Pursuant to M.S., Section 469.177, Subd. 4, the EDA shall, after a due and diligent search, accompany its
request for certification to the County Auditor or its notice of the District enlargement pursuant to M.S.,
Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which
building permits have been issued during the eighteen (18) months immediately preceding approval of the
TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. The County Auditor shall increase
the original net tax capacity of the District by the net tax capacity of improvements for which a building
permit was issued.
The City has reviewed the area to be included in the District and found no parcels for which building
permits have been issued during the 18 months immediately preceding approval of the TIF Plan by the
City and EDA.
Subsection 2 -9. Sources of Revenue /Bonds to be Issued
The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax
increments. The EDA or City reserves the right to incur bonds or other indebtedness as a result of the TIF
Plan. As presently proposed, the projects within the District will be financed by a pay -as- you -go note. Any
refunding amounts will be deemed a budgeted cost without a formal TIF Plan Modification. This provision
does not obligate the EDA or City to incur debt. The EDA or City will issue bonds or incur other debt only
upon the determination that such action is in the best interest of the City.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -4
The total estimated tax increment revenues for the District are shown in the table below:
SOURCES OF FUNDS TOTAL
Tax Increment $2,487,159
Interest $248,715
TOTAL $2,735,874
The EDA or City may issue bonds (as defined in the TIF Act) secured in whole or in part with tax increments
from the District in a maximum principal amount of $1,544,402. Such bonds may be in the form of pay -as-
you-go notes, revenue bonds or notes, general obligation bonds, or interfund loans. This estimate of total
bonded indebtedness is a cumulative statement of authority under this TIF Plan as of the date of approval.
Subsection 2 -10. Uses of Funds
Currently under consideration for the District is a proposal to facilitate the construction of 70 unit senior
rental housing development with services. The EDA and City have determined that it will be necessary to
provide assistance to the project(s) for certain District costs, as described. The EDA has studied the
feasibility of the development or redevelopment of property in and around the District. To facilitate the
establishment and development or redevelopment of the District, this TIF Plan authorizes the use of tax
increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of
funds associated with the District is outlined in the following table.
USES OF TAX INCREMENT FUNDS
TOTAL
Land/Building Acquisition
$200,000
Site Improvements/Preparation
$300,000
Affordable Housing Activities
$500,000
Other Qualifying Improvements
$295,686
Administrative Costs (up to 10 %)
$248,716
PROJECT COST TOTAL
$1,544,402
Interest
JLILI 472
PROJECT AND INTEREST COSTS TOTAL
$2,735,874
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 table in Subsection 2 -9.
Estimated costs associated with the District are subject to change among categories without a modification
to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed,
without formal modification, the budget above pursuant to the applicable statutory requirements. The EDA
may expend funds for qualified housing activities outside of the District boundaries.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -5
Subsection 2 -11. Fiscal Disparities Election
Pursuant to M.S., Section 469.177, Subd. 3, the EDA or City may elect one of two methods to calculate fiscal
disparities. If the calculations pursuant to M.S., Section 469.177, Subd. 3, clause a, (outside the District) are
followed, the following method of computation shall apply:
(1) The original net tax capacity and the current net tax capacity shall be determined before the
application of the fiscal disparity provisions 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
capacity and no tax increment determination. Where the original net tax capacity is less than
the current net tax capacity, the difference between the original net tax capacity and the current
net tax capacity is the captured net tax capacity. This amount less any portion thereof which the
authority has designated, in its tax increment financing plan, to share with the local taxing
districts is the retained captured net tax capacity of the authority.
(2) The county auditor shall exclude the retained captured net tax capacity of the authority from the
net tax capacity of the local taxing districts in determining local taxing district tax rates. The
local tax rates so determined are to be extended against the retained captured net tax capacity
of the authority as well as the net tax capacity of the local taxing districts. The tax generated by
the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax
rate to the retained captured net tax capacity of the authority is the tax increment of the
authority.
The EDA will choose to calculate fiscal disparities by clause a.
According to M.S., Section 469.177, Subd. 3:
(c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or
(b) shall remain the same for the duration of the district, except that the governing body may
elect to change its election from the method of computation in paragraph (a) to the method in
paragraph (b).
Subsection 2 -12. Business Subsidies
Pursuant to M.S., Section 1161993, Subd. 3, the following forms of financial assistance are not considered
a business subsidy:
(1) 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 local government that serve a
public purpose and do not principally benefit a single business or defined group of businesses at
the time the improvements are made;
(4) Redevelopment property polluted by contaminants as defined in M.S., Section 116J.552, Subd. 3;
(5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing
it up to code and assistance provided for designated historic preservation districts, provided that
the assistance is equal to or less than 50% of the total cost;
(6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to
provide those services;
(7) Assistance for housing;
(8) Assistance for pollution control or abatement, including assistance for a tax increment financing
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -6
hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23;
(9) Assistance for energy conservation;
(10) Tax reductions resulting from conformity with federal tax law;
(11) Workers' compensation and unemployment compensation;
(12) Benefits derived from regulation;
(13) Indirect benefits derived from assistance to educational institutions;
(14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and
bonds issued for the benefit of an organization described in section 501 (c) (3) of the Internal
Revenue Code of 1986, as amended through December 31, 1999;
(15) Assistance for a collaboration between a Minnesota higher education institution and a business;
(16) Assistance for a tax increment financing soils condition district as defined under M.S., Section
469.174, Subd. 19;
(17) Redevelopment when the recipient's investment in the purchase of the site and in site preparation
is 70 percent or more of the assessor's current year's estimated market value;
(18) General changes in tax increment financing law and other general tax law changes of a principally
technical nature;
(19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local
government agency;
(20) Funds from dock and wharf bonds issued by a seaway port authority;
(21) Business loans and loan guarantees of $150,000 or less;
(22) Federal loan funds provided through the United States Department of Commerce, Economic
Development Administration; and
(23) Property tax abatements granted under M.S., Section 469.1813 to property that is subject to
valuation under Minnesota Rules, chapter 8100.
The EDA will comply with M.S., Sections 116J.993 to 116J.995 to the extent the tax increment assistance
under this TIF Plan does not fall under any of the above exemptions.
Subsection 2 -13, County Road Costs
Pursuant to M.S., Section 469.175, Subd. ]a, the county board may require the EDA or City to pay for all or
part of the cost of county road improvements if the proposed development to be assisted by tax increment
will, in the judgment of the county, substantially increase the use of county roads requiring construction of
road improvements or other road costs and if the road improvements are not scheduled within the next five
years under a capital improvement plan or within five years under another county plan.
If the county elects to use increments to improve county roads, it must notify the EDA or City within forty -
five days of receipt of this TIF Plan. In the opinion of the EDA and City and consultants, the proposed
development outlined in this TIF Plan will have little or no impact upon county roads, therefore the TIF Plan
was not forwarded to the county 45 days prior to the public hearing. The EDA and City are aware that the
county could claim that tax increment should be used for county roads, even after the public hearing.
Subsection 2 -14. Estimated Impact on Other Taxing Jurisdictions
The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF
Plan would occur without the creation of the District. However, the EDA or City has determined that such
development or redevelopment would not occur "but for" tax increment financing and that, therefore, the
fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as
follows if the "but for" test was not met:
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -7
IMPACT ON TAX BASE
0.420910
2011/Pay 2012
Estimated Captured
ISD No. 11
Total Net
Tax Capacity (CTC)
Percent of CTC
Tax Capacity
Upon Completion
to Entity Total
Anoka County 237,432,514
127,263
0.0536%
City of Andover 20,486,814
127,263
0.6212%
ISD No. 11 29,720,536
127,263
0.4282%
. IMPACT ON TAX RATES
Pay 2012 Percent Potential
Extension Rates of Total CTC Taxes
Anoka County 0.411460 37.35% 127,263 52,364
City of Andover
0.420910
38.21%
127,263 53,566
ISD No. 11
0.233250
21.17%
127,263 29,684
Other
0.036020
3.27%
127,263 4,584
Total
1.101640
100.00%
140,198
The estimates listed above display the captured tax capacity when all construction is completed. The tax rate
used for calculations is the actual Pay 2012 rate. The total net capacity for the entities listed above are based
on actual Pay 2012 figures.
Pursuant to M.S. Section 469.175 Subd. 2(b):
(1) Estimate of total tax increment. It is estimated that the total amount of tax increment that will be
generated over the life of the District is $2,487,159;
(2) Probable impact of the District on city provided services and ability to issue debt. An impact of the
District on police protection is expected. The City does track all calls for service including property-
type calls and crimes. With any addition of new residents or businesses, police calls for service will
be increased. New developments add an increase in traffic, and additional overall demands to the
call load. The City does not expect that the proposed development, in and of itself, will necessitate
new capital investment in vehicles or require that the City hire additional officers.
The probable impact of the District on fire protection is not expected to be significant. Typically new
buildings generate few calls, if any, and are of superior construction.
The impact of the District on public infrastructure is expected to be minimal. The development is
not expected to significantly impact any traffic movements in the area. The current infrastructure for
sanitary sewer, storm sewer and water will be able to handle the additional volume generated from
the proposed development. Based on the development plans, there are no additional costs associated
with street maintenance, sweeping, plowing, lighting and sidewalks. The development in the District
is expected to contribute an estimated $56,000 in sanitary sewer (SAC) and $79,400 in water (WAC)
connection fees.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -8
The probable impact of any District general obligation tax increment bonds on the ability to issue
debt for general fund purposes is expected to be minimal. It is not anticipated that there will be any
general obligation debt issued in relation to this project, therefore there will be no impact on the
City's ability to issue future debt or on the City's debt limit.
(3) Estimated amount of tax increment attributable to school district levies. It is estimated that the
amount of tax increments over the life of the District that would be attributable to school district
levies, assuming the school district's share of the total local tax rate for all taxing jurisdictions
remained the same, is $526,532;
(4) Estimated amount of tax increment attributable to county levies. It is estimated that the amount of
tax increments over the life of the District that would be attributable to county levies, assuming the
county's share of the total local tax rate for all taxing jurisdictions remained the same, is $928,954;
(5) Additional information requested by the county or school district. The City is not aware of any
standard questions in a county or school district written policy regarding tax increment districts and
impact on county or school district services. The county or school district must request additional
information pursuant to M.S. Section 469.175 Subd. 2(b) within 15 days after receipt of the tax
increment financing plan.
No requests for additional information from the county or school district regarding the proposed
development for the District have been received.
Subsection 2 -15. Supporting Documentation
Pursuant to M.S. Section 469.175, Subd. I (a), clause 7 the TIF Plan must contain identification and
description of studies and analyses used to make the findings are required in the resolution approving the
District. Following is a list of reports and studies on file at the City that support the EDA and City's findings:
Comprehensive Housing Needs Assessment for Anoka County, Maxfield Research, February 2011;
Initial Demand Assessment for Senior Housing in Andover, MN, Everest Real Estate Advisors,
December 2011;
Gap analysis, Ehlers, April 2012.
Subsection 2 -16. Definition of Tax Increment Revenues
Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing
district include all of the following potential revenue sources:
I . Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under M.S.,
Section 469.177;
2. The proceeds from the sale or lease of property, tangible or intangible, to the extent the property was
purchased by the Authority with tax increments;
3. Principal and interest received on loans or other advances made by the Authority with tax increments;
4. Interest or other investment earnings on or from tax increments;
5. Repayments or return of tax increments made to the Authority under agreements for districts for
which the request for certification was made after August 1, 1993; and
6. The market value homestead credit paid to the Authority under M.S., Section 273.1384.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -9
Subsection 2 -17. Modifications to the District
In accordance with M.S., Section 469.175, Subd. 4, any:
1. Reduction or enlargement of the geographic area of the District, if the reduction does not meet the
requirements of M.S., Section 469.175, Subd. 4(e);
2. Increase in amount of bonded indebtedness to be incurred;
3. A determination to capitalize interest on debt if that determination was not apart of the original TIF
Plan;
4. Increase in the portion of the captured net tax capacity to be retained by the EDA or City;
5. Increase in the estimate of the cost of the District, including administrative expenses, that will be paid
or financed with tax increment from the District; or
6. Designation of additional property to be acquired by the EDA or City,
shall be approved upon the notice and after the discussion, public hearing and findings required for approval
of the original TIF Plan.
Pursuant to M.S. Section 469.175 Subd. 4()g, the geographic area of the District may be reduced, but shall not
be enlarged after five years following the date of certification of the original net tax capacity by the county
auditor. If a housing district is enlarged, the reasons and supporting facts for the determination that the
addition to the district meets the criteria of M.S., Section 469.174, Subd. I1 must be documented. The
requirements of this paragraph do not apply if (1) the only modification is elimination of parcel(s) from the
District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the District equals or exceeds
the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the EDA agrees that,
notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than
the current net tax capacity of the parcel(s) eliminated from the District.
The EDA or City must notify the County Auditor of any modification to the District. Modifications to the
District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIF
Plan.
Subsection 2 -18. Administrative Expenses
In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the
EDA or City, other than:
1. Amounts paid for the purchase of land;
2. Amounts paid to contractors or others providing materials and services, including architectural and
engineering services, directly connected with the physical development of the real property in the
District;
3. Relocation benefits paid to or services provided for persons residing or businesses located in the
District; or
4. Amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued
pursuant to M.S., Section 469.178; or
5. Amounts used to pay other financial obligations to the extent those obligations were used to finance
costs described in clauses (1) to (3).
For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982,
and before August 1, 2001, administrative expenses also include amounts paid for services provided by bond
counsel, fiscal consultants, and planning or economic development consultants. Pursuant to M.S., Section
469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -10
expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures
authorized by the TIF Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause
(1), from the District, whichever is less.
For districts for which certification was requested after July 31, 2001, no tax increment may be used to pay
any administrative expenses for District costs which exceed ten percent of total estimated tax increment
expenditures authorized by the TIF Plan or the total tax increments, as defined in M.S., Section 469.174, Subd.
25, clause (1), from the District, whichever is less.
Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual
administrative expenses incurred in connection with the District and are not subject to the percentage limits
of M.S., Section 469.176, Subd. 3. The county may require payment of those expenses by February 15 of the
year following the year the expenses were incurred.
Pursuant to MS., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36
percent) of any increment distributed to the EDA or City and the County Treasurer shall pay the amount
deducted to the State Commissioner of Management and Budget for deposit in the state general fund to be
appropriated to the State Auditor for the cost of financial reporting of tax increment financing information
and the cost of examining and auditing authorities' use of tax increment financing. This amount may be
adjusted annually by the Commissioner of Revenue.
Subsection 2 -19. Limitation of Increment
The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District
maybe terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow
account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or
redemption date.
Pursuant to M.S., Section 469.176, Subd. 6:
if, after four years from the date of certification of the original net tax capacity of the tax
incrementfinancing district pursuant to M.S., Section 469.177, no demolition, rehabilitation
or renovation of property or other site preparation, including qualified improvement of a
street adjacent to a parcel but not installation of utility service including sewer or water
systems, has been commenced on a parcel located within a tax increment financing district
by the authority orby the owner of the parcel in accordance with the tax incrementfinancing
plan, no additional tax increment may be taken from that parcel and the original net tax
capacity of that parcel shall be excluded from the original net tax capacity of the tax
increment financing district. If the authority or the owner of the parcel subsequently
commences demolition, rehabilitation orrenovation or other site preparation on thatparcel
including qualified improvement of a street adjacent to that parcel, in accordance with the
tax incrementf nancingplan, the authority shall certify to the county auditor that the activity
has commenced and the county auditor shall certify the net tax capacity thereof as most
recently certified by the commissioner of revenue and add it to the original net tax capacity
of the tax incrementfinancing district. The county auditor must enforce the provisions of this
subdivision. The authority must submit to the county auditor evidence that the required
activity has taken place for each parcel in the district. The evidence for a parcel must be
submitted by February 1 of the f fth year following the year in which the parcel was certified
as included in the district. For purposes of this subdivision, qualified improvements of a
street are limited to (1) construction or opening of a new street, (2) relocation of a street,
and (3) substantial reconstruction or rebuilding of an existing street.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -11
The EDA or City or a property owner must improve parcels within the District by approximately May 2016
and report such actions to the County Auditor.
Subsection 2 -20. Use of Tax Increment
The EDA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable
property located in the District for the following purposes:
1. To pay the principal of and interest on bonds issued to finance a project;
2. To finance, or otherwise pay the cost of redevelopment of Development District No. 1 pursuant to
M.S., Sections 469.090 to 469.1082;
3. To pay for project costs as identified in the budget set forth in the TIF Plan;
4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4;
5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the
EDA or City or for the benefit of Development District No. 1 by a developer;
6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing
the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to
M.S., Chapter 4620 M.S., Sections 469.152 through 469.165, and /or M.S., Sections 469.178; and
7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on
the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152
through 469.165, and/or M.S., Sections 469.178.
Revenues derived from tax increment from a housing district must be used solely to finance the cost
of housing projects as defined in M.S., Sections 469.174, Subd 11 and 469.1761. The cost of public
improvements directly related to the housing projects and the allocated administrative expenses of the
EDA or City may be included in the cost of a housing project.
These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other
purposes prohibited by M.S., Section 469.176, Subd. 4.
Tax increments generated in the District will be paid by Anoka County to the EDA for the Tax Increment
Fund of said District. The EDA or City will pay to the developer(s) annually an amount not to exceed an
amount as specified in a developer's agreement to reimburse the costs of land acquisition, public
improvements, demolition and relocation, site preparation, and administration. Remaining increment funds
will be used for EDA or City administration (up to 10 percent) and for the costs of public improvement
activities outside the District.
Subsection 2 -21. Excess Increments
Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the
following:
1. Prepay any outstanding bonds;
2. Discharge the pledge of tax increment for any outstanding bonds;
3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or
4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in
proportion to their local tax rates.
The EDA or City must spend or return the excess increments under paragraph (c) within nine months after
the end of the year. In addition, the EDA or City may, subject to the limitations set forth herein, choose to
modify the TIF Plan in order to finance additional public costs in Development District No. I or the District.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -12
Subsection 2 -22. Requirements for Agreements with the Developer
The EDA or City will review any proposal for private development to determine its conformance with the
Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the
following documents may be requested for review and approval: site plan, construction, mechanical, and
electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any
other drawings or narrative deemed necessary by the EDA or City to demonstrate the conformance of the
development with City plans and ordinances. The EDA or City may also use the Agreements to address other
issues related to the development.
Pursuant to M.S., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be
acquired in the District as set forth in the TIF Plan shall at any time be owned by the EDA or City as a result
of acquisition with the proceeds of bonds issued pursuant to M.S., Section 469.178 to which tax increments
from property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage, the EDA
or City concluded an agreement for the development of the property acquired and which provides recourse
for the EDA or City should the development not be completed.
Subsection 2 -23. Assessment Agreements
Pursuant to M.S., Section 469.177, Subd. 8, the EDA or City may enter into a written assessment agreement
in recordable form with the developer of property within the District which establishes a minimum market
value of the land and completed improvements for the duration of the District. The assessment agreement
shall be presented to the County Assessor who shall review the plans and specifications for the improvements
to be constructed, review the market value previously assigned to the land upon which the improvements are
to be constructed and, so long as the minimum market value contained in the assessment agreement appears,
in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the
minimum market value agreement.
Subsection 2 -24. Administration of the District
Administration of the District will be handled by the City Administrator.
Subsection 2 -25. Annual Disclosure Requirements
Pursuant to M.S., Section 469.175, Subds. 5, 6, and 6b the EDA or City must undertake financial reporting
for all tax increment financing districts to the Office of the State Auditor, County Board and County Auditor
on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement
shall be published in a newspaper of general circulation in the City on or before August 15.
If the City fails to make a disclosure or submit a report containing the information required by M.S., Section
469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distribution of tax
increment from the District.
Subsection 2 -26. Reasonable Expectations
As required by the TIF Act, in establishing the District, the determination has been made that the anticipated
development would not reasonably be expected to occur solely through private investment within the
reasonably foreseeable future. In making said determination, reliance has been placed upon written
representation made by the developer to such effects and upon EDA and City staff awareness of the feasibility
of developing the project site(s) within the District.
Andover EDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -13
Subsection 2 -27. Other Limitations on the Use of Tax Increment
General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF
Plan. The revenues shall be used to finance, or otherwise pay the cost of redevelopment of the the
Development District No. 1 pursuant to M.S., Sections 469.090 to 469.1082.
Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for
the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and
regularly for conducting the business of a municipality, county, school district, or any other local unit of
government or the state or federal government. This provision does not prohibit the use of revenues derived
from tax increments for the construction or renovation of a parking structure.
2. Housing District Exceptions to Restriction on Pooling; Five Year Limit. Pursuant to M.S., Section
469.1763, (1) At least 80% of the tax increment derived from the District must be expended on Public
Costs incurred within said district, and up to 20% of said tax increments may be spent on Public Costs
incurred outside of the District but within the Development District No. 1; provided that in the case of
a housing district, a housing project, as defined in M.S., Section 469.174, Subd. 11, is deemed to be an
activity in the District, even if the expenditure occurred after five years.
Subsection 2 -28. Summary
The City and EDA is establishing the District to provide an impetus for residential development and to
provide safe and decent life cycle housing in the City. The TIF Plan for the District was prepared by Ehlers
& Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113 -1105, telephone (651) 697 -8500.
Andover FDA Tax Increment Financing Plan for Tax Increment Financing District No. 1 -5 2 -14
Appendix A
Project Description
Arbor Oaks Senior Living, LLC is proposing to construct a 70 -unit senior rental housing development with
services (assisted living). The current proposal contemplates a mix of independent living apartments (8),
assisted living apartments (48) and memory support studio units (14). The apartment units offer a variety of
1 and 2 bedroom floor plans that also include a complete kitchen with appliances. Apartment units range in
size from 599 sq /ft to 880 sq /ft and the memory support studio units are approximately 380 sq /ft. 20% of the
units will be affordable to persons at or below 50% of the area median income. Construction is expected to
commence in 2012 and the facility will be open in late 2013. The project will be financed with a pay- as -you-
go note.
Appendix A -1
Appendix B
Map of the Development District No. 1 and the District
Appendix B -1
Appendix C
Description of Property to be Included in the District
The District encompasses all property and adjacent rights -of -way and abutting roadways identified by the
parcels listed below.
Appendix C -1
Appendix D
Estimated Cash Flow for the District
Appendix D -1
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Appendix E
Housing Qualifications for the District
INCOME RESTRICTIONS,- ADJUSTED FOR FAMILX.SIZE
(HOUSING DISTRICT) - MINNEAPOLIS -ST; PAUL -
BLOOMINGTON MSA MEDIAN INCOME: $82,700
No. of Persons
50% of Median Income
60% of Median
Income
1- person
$28,950
$34,740
2- person
$33,100
$39,720
3- person
$37,250
$44,700
.=4-person
$41,350
$49,620
Source: Department of Housing and Urban Development and Minnesota
Housing Finance Agency
The two options for income limits on a standard housing district are 20% of the units at 50% of median
income or 40% of the units at 60% of median income. The developer has selected 20% of the units to be
affordable at 50% of median income.
** *PLEASE NOTE: THESE NUMBERS ARE ADJUSTED ANNUALLY. ALL INCOME FIGURES
REPORTED ON THIS PAGE ARE FOR 2011.
Appendix E -1
Appendix F
Findings for the District
The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 -5, as required pursuant to Minnesota Statutes, Section 469.175,
Subdivision 3 are as follows:
Finding that Tax Increment Financing District No. 1 -5 is a housing district as defined in M.S.,
Section 469.174, Subd. 11.
TIF District No. 1 -5 consists of 2 parcels. The development will consist of senior rental housing.
All or a portion of which will receive tax increment assistance and will meet income restrictions
described in M.S. 469.1761. At least 20 percent of the units/homes receiving assistance will have
incomes at or below 50 percent of statewide median income. Appendix E of the TIF Plan contains
background for the above finding.
2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be
expected to occur solely through private investment within the reasonably foreseeable future.
The proposed development, in the opinion of the City, would not reasonably be expected to occur
solely through private investment within the reasonablyforeseeablefuture: This finding is supported
by the fact that the development proposed in this plan is an affordable, senior rental housing project
that meets the City's objectives for development and redevelopment. The cost of land acquisition,
site and public improvements and construction costs makes this housing development infeasible
without City assistance. There are no price reductions provided by land sellers or construction
contractors for affordable housing developments since they view all projects as market rate projects.
With decreased rental income from the affordable units, there is less cash flow available to service
the operating and debt expenses for the project and in return, less than market rate investment returns
to the developer. The development needs some assistance to make up this short fall and thus this
project is feasible only through assistance, in part, from tax increment financing. The developer was
asked for and provided a letter and a profonna as justification that the developer would not have gone
forward without tax increment assistance (see attachment in Appendix F of the TIF Plan).
The increased market value of the site that could reasonably be expected to occur without the use of
tax incrementfinancing would be less than the increase in market value estimated to resultfrom the
proposed development after subtracting the present value of the projected tax increments for the
maximum duration of the TIF District permitted by the TIF Plan: This finding is justified on the
grounds that the cost of land acquisition, and site and public improvements add to the total
development cost. Historically, site development costs in this area have made development infeasible
without tax increment assistance. In addition, the sale price of the land is at the higher end, even for
market rate developments, which means that even a market rate development would require
assistance. Therefore, the City reasonably determines that no other development of similar scope
is anticipated on this site without substantially similar assistance being provided to the development.
Finding that the TIFPlan for Tax Increment FinancingDistrictNo. 1 -5 conforms to the general plan
.for the development or redevelopment of the municipality as a whole.
The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the
general development plan of the City.
Appendix F -1
4. Finding that the TIF Plan for Tax Increment Financing District No. 1 -5 will afford maximum
opportunity, consistent with the sound needs of the City as a whole, for the development or
redevelopment of Development District No. 1 by private enterprise.
Through the implementation of the TIF Plan, the EDA or City will provide an impetus for residential
development, which is desirable or necessary for increased population and an increased need for life -
cycle housing within the City.
Appendix F -2
ANL6 �6W � (3)--
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US
TO: President and Commissioners
Jim Dickinson, Executive Dir
FROM: David L. Carlberg, Community Development Director
SUBJECT: Consider Development Agreement with Arbor Oaks Senior Living,
LLC
DATE: May 1, 2012
INTRODUCTION
The EDA is requested to consider the Development Agreement with Arbor Oaks
Senior Living, LLC. The Agreement coincides with the creation of TIF District
1 -5 and the development of the 70 unit senior housing project to be known as
Arbor Oaks. The Agreement lays out the terms of providing assistance and the
type of financing involved. The Agreement also serves as the construction
agreement spelling out the process for the approval of the construction plans,
defining the minimum improvements to be constructed, as well as the schedule for
construction of the improvements.
DISCUSSION
The City Council is scheduled to adopt a resolution approving the Development
Agreement on tonight's Council agenda.
ACTION REQUESTED
Review Development Agreement
Respectfully submitted,
David L. Carlberg
BY AND BETWEEN
THE CITY OF ANDOVER, MINNESOTA
AND
ARBOR OAKS SENIOR LIVING, LLC
This document drafted by: BRIGGS AND MORGAN
Professional Association
2200 First National Bank Building
St. Paul, Minnesota 55101
4609895v2
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ................................................................................................. 2
Section1.1 Definitions ............................................................................................ 2
ARTICLE 11 REPRESENTATIONS AND WARRANTIES ................................................ 4
Section 2.1 Representations and Warranties of the City ......................................... 4
Section 2.2 Representations and Warranties of the Developer ............................... 4
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ....................................... 6
Section 3.1 Project, Development Property, Site Improvements; Legal and
Administrative Expenses ..................................................................... 6
Section 3.2 Reimbursement: TIF Note ................................................................... 6
Section 3.3 Compliance with Low and Moderate Income Requirements .............. 7
Section 3.4 Replacement Reserve ........................................................................... 8
ARTICLE IV EVENTS OF DEFAULT ................................................................................. 9
Section 4.1
Events of Default Defined ...................................................................
9
Section 4.2
Remedies on Default ............................................................................
9
Section 4.3
No Remedy Exclusive ........................................................................
10
Section 4.4
No Implied Waiver ............................................................................
10
Section 4.5
Agreement to Pay Attorney's Fees and Expenses ..............................
10
Section 4.6
Indemnification of City ......................................................................
10
ARTICLE V
DEVELOPER'S OPTION TO TERMINATE AGREEMENT ..................... 12
Section 5.1
The Developer's Option to Terminate ................................................
12
Section 5.2
Effect of Termination .........................................................................
12
ARTICLE VI
ADDITIONAL PROVISIONS ......................................................................
13
Section 6.1
Restrictions on Use ............................................................................
13
Section 6.2
Conflicts of Interest ............................................................................
13
Section 6.3
Titles of Articles and Sections ...........................................................
13
Section 6.4
Notices and Demands ........................................................................
13
Section6.5
Counterparts .......................................................................................
14
Section6.6
Law Governing ..................................................................................
14
Section6.7
Expiration ...........................................................................................
14
Section 6.8
Provisions Surviving Rescission or Expiration ..................................
14
Section6.9
Assignment ........................................................................................
14
EXHIBIT A DESCRIPTION OF DEVELOPMENT PROPERTY ..........................................
A-1
EXHIBIT B FORM OF TlF NOTE ...........................................................................................
B-1
EXHIBIT C SITE
IMPROVEMENTS ......................................................................................
C-1
EXHIBIT D COMPLIANCE
CERTIFICATE ..........................................................................
D-1
4609895v2
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the 1St day of May, 2012, by and between the City of
Andover, Minnesota (the "City "), a municipal corporation organized and existing under the laws
of the State of Minnesota and Arbor Oaks Senior Living, LLC, a Minnesota limited liability
company, together with any successors and assigns, as provided herein (the "Developer "),
WITNESSETH:
WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City
has heretofore established Development District No. 1 (the "Development District ") and has
adopted a development program therefor (the "Development Program "); and
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1799, as amended, (hereinafter the "Tax Increment Act "), the City has heretofore created,
within the Development District, Tax Increment Financing District No. 1 -5 (the "Tax Increment
District ") and adopted a tax increment financing plan, dated May 1, 2012, (the "Tax Increment
Plan") therefor which provides for the use of tax increment financing in connection with certain
development within the Development District; and
WHEREAS, in order to achieve the objectives of the Development Program and
particularly to make the land in the Development District available for development by private
enterprise in conformance with the Development Program, the City has determined to assist the
Developer with the financing of certain costs of a Project (as hereinafter defined) to be
constructed within the Tax Increment District as more particularly set forth in this Agreement;
and
WHEREAS, the City believes that the development and construction of the Project, and
fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety,
morals and welfare of residents of the City, and in accordance with the public purpose and
provisions of the applicable state and local laws and requirements under which the Project has
been undertaken and is being assisted.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
4609895x2
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein
shall have the following meanings unless a different meaning clearly appears from the context:
Agreement means this Agreement, as the same may be from time to time modified,
amended or supplemented;
Business Day means any day except a Saturday, Sunday or a legal holiday or a day on
which banking institutions in the City are authorized by law or executive order to close;
City means the City of Andover, Minnesota;
Compliance Certificate means the Compliance Certificate in substantially the form
attached hereto as Exhibit D;
County means Anoka County, Minnesota, in which the Development Property is located;
Developer means Arbor Oaks Senior Living, LLC, its successors and assigns;
Development District means Development District No. 1, including the real property
described in the Development Program;
Development Program means the development program approved in connection with the
Development District;
Development Property erty means the real property described in Exhibit A attached to this
Agreement;
Event of Default means any of the events described in Section 4.1 hereof,
Legal and Administrative Expenses means the fees and expenses incurred by the City in
connection with the adoption and administration of the Tax Increment Financing Plan, the
preparation of this Agreement and the issuance of the TIF Note;
Note Payment Date means August 1, 2014, and each August 1 and February 1 of each
year thereafter to and including February 1, 2029; provided, that if any such Note Payment Date
should not be a Business Day, the Note Payment Date shall be the next succeeding Business
Day;
Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank
National Association in Minneapolis, Minnesota, as its "reference rate" or any successor rate,
which rate shall change as and when that prime rate or successor rate changes;
Project means an approximately 70 -unit senior rental housing development to be located
on the Development Property;
2
4609895x2
Site Improvements means the site improvements undertaken or to be undertaken on the
Development Property, more particularly described on Exhibit C attached hereto;
State means the State of Minnesota;
Tax Increments means 90% of the tax increments derived from the Development
Property which have been received and retained by the City in accordance with the provisions of
Minnesota Statutes, Section 469.177;
Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as
amended;
Tax Increment District means Tax Increment Financing District No. 1 -5 located within
the Development District, a description of which is set forth in the Tax Increment Financing
Plan, which was qualified as a housing district under the Tax Increment Act;
Tax Increment Financing Plan means the tax increment financing plan approved for the
Tax Increment District by the City Council on May 1, 2012;
Termination Date means the earlier of (i) February 1, 2029, (ii) the date the TIF Note is
paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated,
or (iv) the date this Agreement is terminated or rescinded in accordance with its terms;
TIF Note means the Tax Increment Revenue Note ([Trident Development] Project) to be
executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of
which is attached hereto as Exhibit B.
Unavoidable Delays means delays, outside the control of the party claiming its
occurrence, which are the direct result of strikes, other labor troubles, unusually severe or
prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced
by third parties which, by injunction or other similar judicial action or by the exercise of
reasonable discretion, directly results in delays, or acts of any federal, state or local
governmental unit (other than the City) which directly result in delays.
3
4609895v2
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties of the City. The City makes the following
representations and warranties:
(1) The City is a municipal corporation and has the power to enter into this
Agreement and carry out its obligations hereunder.
(2) Based on the representation of the Developer set forth in Section 3.3 below, the
Tax Increment District is a "housing district" within the meaning of Minnesota Statutes, Section
469.174, Subdivision 11, and was created, adopted and approved in accordance with the terms of
the Tax Increment Act.
(3) The development of the Project, contemplated by this Agreement is in
conformance with the development objectives set forth in the Development Program.
(4) To finance certain costs within the Tax Increment District, the City proposes,
subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the
Developer for a portion of the costs of the Development Property and the construction of certain
Site Improvements incurred in connection with the Project as further provided in this Agreement.
(5) The City makes no representation or warranty, either expressed or implied, as to
the Development Property or its condition or the soil conditions thereon, or that the Development
Property shall be suitable for the Developer' purposes or needs.
Section 2.2 Representations and Warranties of the Developer. The Developer makes
the following representations and warranties:
(1) The Developer is a Minnesota limited liability company, has power to enter into
this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of
any provisions of its organizational documents or the laws of the State.
(2) The Developer shall cause the Project to be constructed in accordance with the
terms of this Agreement, the Development Program, and all applicable local, state and federal
laws and regulations (including, but not limited to, environmental, zoning, energy conservation,
building code and public health laws and regulations).
(3) The construction of the Project would not be undertaken by the Developer, and in
the opinion of the Developer would not have been or be economically feasible within the
reasonably foreseeable future, without the assistance and benefit to the Developer provided for in
this Agreement.
(4) The Developer will use its best efforts to obtain, or cause to be obtained, in a
timely manner, all required permits, licenses and approvals, and will meet, in a timely manner,
all requirements of all applicable local, state, and federal laws and regulations which must be
obtained or met before the balance of the Project may be lawfully constructed.
0
4609895v2
(5) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby, nor the fulfillment of or compliance with the terms and
conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of,
the terms, conditions or provision of any contractual restriction, evidence of indebtedness,
agreement or instrument of whatever nature to which the Developer is now a party or by which it
is bound, or constitutes a default under any of the foregoing.
(6) The Developer will cooperate fully with the City with respect to any litigation
commenced with respect to the Project.
(7) The Developer will cooperate fully with the City in resolution of any traffic,
parking, trash removal or public safety problems which may arise in connection with the
construction and operation of the Project.
(8) The construction of the Project shall commence no later than September 30, 2012
and barring Unavoidable Delays, the Project will be substantially completed by December 31,
2013.
(9) The Developer will not seek a reduction in the market value as determined by the
Anoka County Assessor of the Project or other facilities that it constructs on the Development
Property, pursuant to the provisions of this Agreement, for so long as the TIF Note remains
outstanding.
5
4609895v2
ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1 Project, Development Property, Site Improvements; Legal and
Administrative Expenses.
(1) The parties agree that the acquisition of the Development Property and the
installation of the Site Improvements are essential to the successful completion of the Project.
The costs of the Site Improvements shall be paid by the Developer. The City shall reimburse the
Developer for up to $540,000 of the costs of acquisition of the Development Property and the
Site Improvements actually incurred and paid by the Developer (the "Reimbursement Amount ")
as further provided in Section 3.2.
(2) Upon execution of this Agreement, the Developer shall reimburse the City for its
actual out of pocket Legal and Administrative Expenses incurred in connection with the adoption
of the Tax Increment Financing Plan and the preparation of this Agreement.
Section 3.2 Reimbursement: TIF Note. The City shall reimburse the payments made
by the Developer under Section 3.1 for costs of acquisition of the Development Property and the
construction of the Site Improvements through the issuance of the City's TIF Note in substantially
the form attached to this Agreement as Exhibit B, subject to the following conditions::
(1) The TIF Note shall be dated, issued and delivered when the Developer shall have
demonstrated in writing to the reasonable satisfaction of the City that the construction of the Site
Improvements and the Project has been completed and that the Developer has incurred and paid
all costs of acquisition of the Development Property and the construction of Site Improvements,
as described in and limited by Section 3.1 and shall have submitted paid invoices for the costs of
construction of the Site Improvements in an amount not less than the Reimbursement Amount.
(2) The unpaid principal amount of the TIF Note shall bear simple, non - compounding
interest from the date of issuance of the TIF Note, at 5.00% per annum. Interest shall be
computed on the basis of a 360 day year consisting of twelve (12) 30 -day months. The principal
amount of the TIF Note and the interest thereon shall be payable solely from the Tax Increments.
(3) The payment dates of the TIF Note shall be the Note Payment Dates. On each
Note Payment Date and subject to the provisions of the TIF Note, the City shall pay, against the
principal and interest outstanding on the TIF Note, the Tax Increments received by the City
during the preceding six months. All such payments shall be applied first to accrued interest and
then to reduce the principal of the TIF Note.
(4) The TIF Note shall be a special and limited obligation of the City and not a
general obligation of the City, and only Tax Increments shall be used to pay the principal of and
interest on the TIF Note. If, on any Note Payment Date, the Tax Increments for the payment of
the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference
shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent
that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to
pay the accrued interest then due on the TIF Note
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(5) The City's obligation to make payments on the TIF Note on any Note Payment
Date or any date thereafter shall be conditioned upon the requirement that there shall not at that
time be an Event of Default that has occurred and is continuing under this Agreement.
(6) The TIF Note shall be governed by and payable pursuant to the additional terms
thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note
and the terms of this Section 3.2, the terms of the TIF Note shall govern. The issuance of the
TIF Note pursuant and subject to the terms of this Agreement, and the taking by the City of such
additional actions as bond counsel for the TIF Note may require in connection therewith, are
hereby authorized and approved by the City.
Section 3.3 Compliance with Low and Moderate Income Requirements.
(1) The City and the Developer understand and agree that the Tax Increment District
will constitute a "housing district" under Section 469.174, Subd. 11 of the Tax Increment Act.
Accordingly, in compliance with Section 469.1761, Subd. 3 of the Tax Increment Act, the
Developer agrees that the Project must satisfy, or be treated as satisfying, the income
requirements for a qualified residential rental project as defined in Section 142(d) of the Internal
Revenue Code. The parties further agree that no more than 20% of the square footage of the
Project (which is the only building receiving assistance from Tax Increments) may consist of
commercial, retail, or other nonresidential uses. The Developer must meet the above
requirements as follows:
(A) At least 20% of the residential units in the Project must be occupied or
available for occupancy by persons whose incomes do not exceed 50% of the County
median income; and
(B) The limits described in clause (A) must be satisfied through the
Termination Date. Income for occupants of units described in clause (A) shall be
adjusted for family size in accordance with Section 142(d) of the Internal Revenue Code
and related regulations.
(2) On or before each January 1 and July 1, commencing on July 1, 2014, the
Developer or an agent of the Developer must deliver or cause to be delivered to the City a
Compliance Certificate executed by the Developer covering the preceding six 6 months together
with written evidence satisfactory to the City of compliance with the covenants in this Section.
This evidence must include a statement of the household income of each of qualifying renter, a
written determination that each qualifying renter's household income falls within the qualifying
limits of this Section (and Section 142(d) of the Internal Revenue Code), and certification that
the income documentation is correct and accurate (and that the determination of qualification
was made in compliance with Section 142(d) of the Internal Revenue Code). The City may
review, upon request, all documentation supporting the Developer submissions and statements.
In determining compliance with this Section, the Developer must use the County median
incomes for the year in which the payment is due on the TIF Note, as promulgated by the
Minnesota Housing Finance Agency based on the area median incomes established by the United
States Department of Housing and Urban Development.
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Section 3.4 Replacement Reserve.
(1) Commencing in 201_, Developer shall make deposits to a
replacement reserve account in an amount equal to $500 per unit per year. Such deposits shall
continue until the TIF Note has terminated by maturity or otherwise. The Development may use
amounts on hand in such replacement reserve account to pay the cost of capital expenditures
related to the Project, including the cost of replacement, repair, reconstruction, or restoration of
the Project. All income realized from the investment of the replacement reserve account shall be
credited as received to such account and may be applied against the required deposit.
(2) On or before April 1 of each year, commencing April 1, 2015, Developer shall
deliver to the City a copy of its annual financial statements as prepared by Developer's certified
public accountant, and including income statements and balance sheet, which shall include
evidence of the deposits to the replacement reserve account. In the event that the Developer has
failed to make the required annual deposit, as shown on the annual financial statements,
Developer shall have 60 days from the date the financial statements are delivered to the City to
make such deposit and shall provide the City with written evidence that such deposit has been
made within such 60 -day period.
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ARTICLE IV
EVENTS OF DEFAULT
Section 4.1 Events of Default Defined. The following shall be "Events of Default"
under this Agreement and the term "Event of Default" shall mean whenever it is used in this
Agreement any one or more of the following events:
(1) Failure by the Developer to timely pay any ad valorem real property taxes
assessed, special assessments or other City charges with respect to the Development Property
when due and payable.
(2) Failure by the Developer to cause the construction of the Project to be completed
pursuant to the terms, conditions and limitations of this Agreement.
(3) Failure of the Developer to observe or perform any other covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement.
(4) The holder of any mortgage on the Development Property or any improvements
thereon, or any portion thereof, commences foreclosure proceedings as a result of any default
under the applicable mortgage documents.
(5) If the Developer shall:
(A) file any petition in bankruptcy or for any reorganization, arrangement,
composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or
(B) make an assignment for the benefit of its creditors; or
(C) admit in writing its inability to pay its debts generally as they become due;
or
(D) be adjudicated as bankrupt or insolvent; or if a petition or answer
proposing the adjudication of the Developer as bankrupt or its reorganization under any
present or future federal bankruptcy act or any similar federal or state law shall be filed in
any court and such petition or answer shall not be discharged or denied within sixty (60)
days after the filing thereof, or a receiver, trustee or liquidator of the Developer, or of the
Project, or part thereof, shall be appointed in any proceeding brought against the
Developer, and shall not be discharged within sixty (60) days after such appointment, or
if the Developer, shall consent to or acquiesce in such appointment.
Section 4.2 Remedies on Default. Whenever any Event of Default referred to in
Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of
the following actions after the giving of thirty (30) days' written notice to the Developer, but only
if the Event of Default has not been cured within said thirty (30) days:
E
4609895v2
(1) The City may suspend its performance under this Agreement and the TIF Note
until it receives assurances from the Developer, deemed adequate by the City, that the Developer
will cure its default and continue its performance under this Agreement.
(2) The City may cancel and terminate the Agreement and the TIF Note.
(3) The City may take any action, including legal or administrative action, in law or
equity, which may appear necessary or desirable to enforce performance and observance of any
obligation, agreement, or covenant of the Developer under this Agreement.
Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to
the City is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or
shall be construed to be a waiver thereof, but any such right and power may be exercised from
time to time and as often as may be deemed expedient.
Section 4.4 No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party, such
waiver shall be limited to the particular breach so waived and shall not be deemed to waive any
other concurrent, previous or subsequent breach hereunder.
Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of
Default occurs and the City shall employ attorneys or incur other expenses for the collection of
payments due or to become due or for the enforcement or performance or observance of any
obligation or agreement on the part of the Developer herein contained, the Developer agrees that
it shall, on demand therefor, pay to the City the fees of such attorneys and such other reasonable
expenses so incurred by the City.
Section 4.6 Indemnification of City.
(1) The Developer releases from and covenants and agrees that the City, its governing
body members, officers, agents, including the independent contractors, consultants and legal
counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively
the "Indemnified Parties ") shall not be liable for and agrees to indemnify and hold harmless the
Indemnified Parties against any loss or damage to property or any injury to or death of any
person occurring at or about or resulting from any defect in the Project, provided that the
foregoing indemnification shall not be effective for any actions of the Indemnified Parties that
are not contemplated by this Agreement.
(2) Except for any willful misrepresentation or any willful or wanton misconduct of
the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now
and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit,
action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly
arising from the actions or inactions of the Developer (or other persons acting on its behalf or
under its direction or control) under this Agreement, or the transactions contemplated hereby or
the acquisition, construction, installation, ownership, and operation of the Project; provided, that
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4609895v2
this indemnification shall not apply to the warranties made or obligations undertaken by the City
in this Agreement or to any actions undertaken by the City which are not contemplated by this
Agreement but shall, in any event and without regard to any fault on the part of the City, apply to
any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or
penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Developer
operating the Project so that the Tax Increment District does not qualify or ceases to qualify as a
"housing district" under Section 469.174, Subdivision 11, of the Act or to violate limitations as
to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d.
(3) All covenants, stipulations, promises, agreements and obligations of the City
contained herein shall be deemed to be the covenants, stipulations, promises, agreements and
obligations of the City and not of any governing body member, officer, agent, servant or
employee of the City.
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ARTICLE V
DEVELOPER'S OPTION TO TERMINATE AGREEMENT
Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated
by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and
no Event of Default has occurred; and (ii) the City fails to comply with any material term of this
Agreement, and, after written notice by the Developer of such failure, the City has failed to cure
such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance
cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, the City
has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance
will be cured as soon as reasonably possible.
Section 5.2 Effect of Termination. If this Agreement is terminated pursuant to this
Article V, this Agreement shall be from such date forward null and void and of no further effect;
provided, however, the termination of this Agreement shall not affect the rights of either party to
institute any action, claim or demand for damages suffered as a result of breach or default of the
terms of this Agreement by the other party, or to recover amounts which had accrued and become
due and payable as of the date of such termination. Upon termination of this Agreement pursuant
to this Article V, the Developer shall be free to proceed with the Project at its own expense and
without regard to the provisions of this Agreement; provided, however, that the City shall have no
further obligations to the Developer with respect to reimbursement of the expenses set forth in
Section 3.2, or to make any further payments on the TIF Note.
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ARTICLE VI
ADDITIONAL PROVISIONS
Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and
assigns and every successor in interest to the Development Property, or any part thereof, that
during the term of this Agreement the Developer and such successors and assigns shall operate, or
cause to be operated, the Project as a senior rental housing facility and shall devote the
Development Property to, and in accordance with, the uses specified in this Agreement.
Section 6.2 Conflicts of Interest. No member of the governing body or other official
of the City shall have any financial interest, direct or indirect, in this Agreement, the
Development Property or the Project, or any contract, agreement or other transaction
contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such
member of the governing body or other official participate in any decision relating to the
Agreement which affects his or her personal interests or the interests of any corporation,
partnership or association in which he or she is directly or indirectly interested. No member,
official or employee of the City shall be personally liable to the City in the event of any default or
breach by the Developer or successor or on any obligations under the terms of this Agreement.
Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and
sections of the Agreement are inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 6.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by any party to any
other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
(1) in the case of the Developer is addressed to or delivered personally to:
Arbor Oaks Senior Living, LLC
Attention: Roger D. Fink
3601 18`h Street South, Suite 103
St. Cloud, Minnesota 56301
(2) in the case of the City is addressed to or delivered personally to the City at:
City of Andover, Minnesota
Attention: City Administrator
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
13
46o9s95v2
with a copy to:
Briggs and Morgan, P.A.
Attention: Mary Ippel
W2200 First National Bank Building
332 Minnesota Street
St. Paul, MN 55101
or at such other address with respect to any such party as that party may, from time to time,
designate in writing and forward to the other, as provided in this Section.
Section 6.5 Countemarts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
Section 6.6 Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State.
Section 6.7 Ex iration. This Agreement shall expire on the Termination Date.
Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall
survive any rescission, termination or expiration of this Agreement with respect to or arising out
of any event, occurrence or circumstance existing prior to the date thereof.
Section 6.9 Assignment. The Developer shall not assign its interest in this Agreement
or the TIF Note without the consent of the City pursuant to action by the City Council, which
consent shall not be unreasonably withheld.
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4609895v2
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its
name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this
Agreement to be duly executed on its behalf, on or as of the date first above written.
CITY OF ANDOVER, MINNESOTA
By
Its Mayor
By
Its City Administrator
This is a signature page to the Development Agreement by and between the City of Andover and
Arbor Oaks Senior Living, LLC.
S -1
4609895v2
ARBOR OAKS SENIOR LIVING, LLC
By
Its
This is a signature page to the Development Agreement by and between the City of Andover and
Arbor Oaks Senior Living, LLC.
S -2
4609895v2
EXHIBIT A
DESCRIPTION OF DEVELOPMENT PROPERTY
Parcel Identification Numbers:
22- 32 -24 -11 -0024
22- 32 -24 -11 -0025
FEW
4609895v2
QNSWIN
I *:ia It to1.1
FORM OF TIF NOTE
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF ANDOVER
TAX INCREMENT REVENUE NOTE
(ARBOR OAKS SENIOR LIVING PROJECT)
$540,000
The City of Andover, Minnesota (the "City "), hereby acknowledges itself to be indebted
and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment
Amounts ") to Arbor Oaks Senior Living, LLC, or its registered assigns (the "Registered
Owner "), but only in the manner, at the times, from the sources of revenue, and to the extent
hereinafter provided.
The principal amount of this Note shall equal from time to time the principal amount
stated above, as reduced to the extent that such principal installments shall have been paid in
whole or in part pursuant to the terms hereof; provided that the sum of the principal amount
listed above shall in no event exceed $540,000 as provided in that certain Development
Agreement, dated as of May 1, 2012, as the same may be amended from time to time (the
"Development Agreement "), by and between the City and Arbor Oaks Senior Living, LLC The
unpaid principal amount hereof shall bear interest from the date of this Note at the simple, non-
compounding interest at a rate of five and zero hundredths percent (5.00 %) per annum. Interest
shall be computed on the basis of a 360 day year consisting of twelve (12) 30 -day months.
The amounts due under this Note shall be payable on August 1, 2014, and on each
August 1 and February 1 thereafter to and including February 1, 2029, or, if the first should not
be a Business Day (as defined in the Development Agreement) the next succeeding Business
Day (the "Payment Dates "). On each Payment Date the City shall pay by check or draft mailed
to the person that was the Registered Owner of this Note at the close of the last business day of
the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter
defined) received by the City during the six month period preceding such Payment Date. All
payments made by the Authority under this Note shall first be applied to accrued interest and
then to principal. This Note is prepayable by the Authority, in whole or in part, on any date.
The Payment Amounts due hereon shall be payable solely from 90% of the tax
increments (the "Tax Increments ") from the Development Property (as defined in the
Development Agreement) within the City's Tax Increment Financing District Tax Increment
Financing District No. 1 -5 (the "Tax Increment District ") within its Development District No. 1
which are paid to the City and which the City is entitled to retain pursuant to the provisions of
Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or
supplemented from time to time (the "Tax Increment Act "). This Note shall terminate and be of
II
4609895x2
no further force and effect following the termination of the Tax Increment District, on any date
upon which the City shall have terminated the Development Agreement under Section 4.2(2)
thereof or the Developer shall have terminated the Development Agreement under Article V
thereof, or on the date that all principal and interest payable hereunder shall have been paid in
full, whichever occurs earliest.
The City makes no representation or covenant, expressed or implied, that the Tax
Increments will be sufficient to pay, in whole or in part, the amounts which are or may become
due and payable hereunder.
The City's payment obligations hereunder shall be further conditioned on the fact that no
Event of Default under the Development Agreement shall have occurred and be continuing at the
time payment is otherwise due hereunder, but such unpaid amounts shall become payable,
without interest accruing thereon in the meantime, if said Event of Default shall thereafter have
been cured; and, further, if pursuant to the occurrence of an Event of Default under the
Development Agreement the City elects to cancel and rescind the Development Agreement, the
City shall have no further debt or obligation under this Note whatsoever. Reference is hereby
made to all of the provisions of the Development Agreement, including without limitation
Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the
principal of this Note, and said provisions are hereby incorporated into this Note as though set
out in full herein.
This Note is a special, limited revenue obligation and not a general obligation of the City
and is payable by the City only from the sources and subject to the qualifications stated or
referenced herein. This Note is not a general obligation of the City of Andover, Minnesota, and
neither the full faith and credit nor the taxing powers of the City are pledged to the payment of
the principal of this Note and no property or other asset of the City, save and except the above -
referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder.
This Note is issued by the City in aid of financing a project pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including the Tax
Increment Act.
This Note may be assigned only with the consent of the City. In order to assign the Note,
the assignee shall surrender the same to the City either in exchange for a new fully registered
note or for transfer of this Note on the registration records for the Note maintained by the City.
Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all
provisions stated or referenced herein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things
required by the Constitution and laws of the State of Minnesota to be done, to have happened,
and to be performed precedent to and in the issuance of this Note have been done, have
happened, and have been performed in regular and due form, time, and manner as required by
law; and that this Note, together with all other indebtedness of the City outstanding on the date
hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the
City to exceed any constitutional, statutory or charter limitation thereon.
M.
4609895x2
IN WITNESS WHEREOF, City of Andover, Minnesota, by its City Council, has caused
this Note to be executed by the manual signatures of its Mayor and City Administrator and has
caused this Note to be issued on and dated , 20
Mayor
Administrator
4609895v2
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on ,
20_, was on said date registered in the name of Arbor Oaks Senior Living, LLC, and that, at the
request of the Registered Owner of this Note, the undersigned has this day registered the Note in
the name of such Registered Owner, as indicated in the registration blank below, on the books
kept by the undersigned for such purposes.
NAME AND ADDRESS OF
REGISTERED OWNERS
Arbor Oaks Senior Living, LLC
3601 18t' Street South, Suite 103
St. Cloud, Minnesota 56301
4609895v2
DATE OF
REGISTRATION
I: M
20
,20
, 20
SIGNATURE OF
CITY ADMINISTRATOR
EXHIBIT C
SITE IMPROVEMENTS
Landscaping, including irrigation
Foundations and Footings
Grading/earthwork
Engineering
Survey
Environmental Testing
Soil Borings
Site Preparation
Onsite Utilities
Storm Water /Ponding
Outdoor Lighting
Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements
Parking
C -1
4609895v2
1 *:4011803Is01
COMPLIANCE CERTIFICATE
The undersigned Arbor Oaks Senior Living, LLC, does hereby certify that as of the date
of this Certificate not less than 20% of the residential units in the Arbor Oaks Senior Living
Project located at in Andover, Minnesota (the 'Project ")
are occupied by individuals whose income is 50% or less of the Anoka County median income.
Dated this day of , 20_
ARBOR OAKS SENIOR LIVING, LLC
Its
D -1
4609895x2
ANLb 6.W
j§!tl��L]
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: President and Commissioners
FROM: Jim Dickinson, Executive Director
David L. Carlberg, Community Develop t Director
SUBJECT: Bunker /Crosstown Redevelopment Area Options Discussion
DATE: May 1, 2012
INTRODUCTION
The EDA is requested to discuss the redevelopment options of the Bunker Lake
Boulevard /Crosstown area.
Information for this item will be presented at the meeting.
Respectfully submitted,
f' C
David L. Carlberg
AN66 Vt I Crosstown Redevelopment Area
Incorporated Existing Development
1974
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