09/09/2003 - City Council Special~~c~
SPECIAL CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 9, 2003
5:30 P.M.
EAGAN MUNICIPAL CENTER COMMUNITY ROOM
I. Roll Call and Agenda Adoption
II. Visitors to be Heard
III. Consider City Code Amendment to Provide Valid Regulation for Vendor
Boxes
IV. Direction Regarding Donation of Historic Homes
V. Consider Letter/Resolution of Support for Metro Greenways Application
/ Caponi Study Committee Update
VI. Update and Discussion for Cedar Grove Redevelopment Area
VII. Economic Development Authority
VIII. Other Business
• Consider Revised TIF Development Plan / U5 Home Corporation
IX. Executive Session
X. Adjournment
I _
city of eagan
MEMO
TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: SEPTEMBER 5, 2003
SUBJECT: SPECIAL CITY COUNCIL MEETING /SEPTEMBER 9, 2003
CONSIDER CITY CODE AMENDMENT TO PROVIDE VALID REGULATION FOR
VENDOR BOXES
Per the request of the City Council, further research was conducted regarding the City's ability to
restrict news racks, newsstands,, or vendor boxes, such as those used to provide Job Digs
employment guides. Enclosed on pages ~ through ~ is a memo from the City Attorney,
which provides regulations that the Ciry could impose. Also included with the memo is the City
of Crystal's ordinance regulating news racks.
ACTION TO BE CONSIDERED:
To consider a City Code amendment to regulate news racks, newsstands, and vendor boxes.
DIRECTION RE: DONATION OF HISTORIC HOUSES
Per the Council's direction, staff has researched the costs to relocate the historic home currently
located on the property owned by the Copeland's, as well as the home located on the former
Sanford property, now being developed by Manley Development, Inc. As was noted in the
August 8 and August 29 Additional Information Memos, the cost to move each home would be
approximately $15,000 to $20,000. The excavation, construction of a new foundation, and utility
hookup would cost an additional $40,000-$50,000 per house. Furthermore, if there is a desire to
convert the homes to be public facilities, there would be significantly more costs to meet ADA
approvals, add a sprinkler system, construct restrooms, etc.
A question was recently raised about using the homes for storage purposes only, and if so, would
there be a need to make the homes ADA compliant. In response, Dale Schoeppner, Chief
Building Official, noted that if either of the houses were to be relocated, they would both be
required to meet current City Code standards, which included making the houses ADA
compliant. Regardless of how the homes would be used, the upgrades to current standards would
be necessary, thus adding significant costs.
The City Administrator recently spoke to Mr. Copeland regarding the timeline as to when the
home would need to be removed. Mr. Copeland informed the City Administrator that the City
would have approximately one year to relocate the house. Manley Development plans to begin
construction this fall. Planner Dudziak spoke to a representative of Manley Development, who
again reiterated that they would provide the house to the City at no cost provided the City pay all
relocation costs. If the home is not relocated, Manley Development plans to demolish the house
this fall.
Enclosed on pages ~ through ~ are photos of the two homes. Per the request of
Councilmember Carlson, also enclosed on page ~, is a map showing all City-owned parcels.
A large map showing all available City lots will be presented on Tuesday night, as there are many
small parcels that require significant enlargement to be viewed.
ACTION TO BE CONSIDERED:
To provide direction to staff regarding the purchase of the two historic houses.
CONSIDER LETTER /RESOLUTION OF SUPPORT FOR METRO GREENWAYS
APPLICATION / CAPONI STUDY COMMITTEE UPDATE
The Caponi Study Committee, which includes Councilmembers Carlson and Maguire, has been
in ongoing communication regarding the Caponi property. The Committee has requested time on
the agenda to provide an update on their discussions and findings. Furthermore, the Committee
has requested that the Council consider providing a letter or resolution of support to accom y
the Metro Greenways grant application being submitted by Mr. Caponi. Enclosed on page
is a draft resolution for the City Council's consideration.
ACTION TO BE CONSIDERED:
To receive an update from the Caponi Study Committee and to consider sending a letter or
resolution of support to accompany Mr. Caponi's Metro Greenways grant application.
UPDATE AND DISCUSSION FOR CEDAR GROVE REDEVELOPMENT AREA
The City Council has requested an opportunity to review the current status of the Cedar Grove
Redevelopment Area and discuss policy issues and program elements that pertain to the
continued implementation of redevelopment activities in that part of the community. Project
background, an outline of current activities and a discussion of specific policy issues to be
addressed are presented in the attachments.
ATTACHMENTS:
• Discussion Outline on pages_~~4--
• Cedar/13 Redevelopment Study on pages~~3"T`
• Cedar Grove Special Area Section of Comprehensive Guide Plan on pages ~~~
• Cedar Grove Zoning District Design Guidelines on pages S~D-7D
• Maxfield Research Updated Market Study is attached without page number.
• Cedar Grove Revised Plan Subdistrict M on page.
• Status Update Matrix on pages ~~~ .
• Orrin Thompson/US Home narrative regarding Nicols Ridge changes on pages ~~~
DIRECTION TO BE CONSIDERED:
To provide policy and program direction regarding the vision, goals and next steps for the Cedar
Grove Redevelopment Area.
ECONOMIC DEVELOPMENT AUTHORITY
In consideration of the discussion of the proposed changes for the Nicols Ridge Project, the
Council scheduled a meeting of the Economic Development Authority for September 9, 2003.
The Council should take action to recess the special workshop in order to hold a special meeting
of the EDA. The actions to be considered by the EDA are outlined in the agenda and packet
enclosed on pages ~ through ~a~ At the conclusion of the EDA discussion, the Council
should reconvene the special workshop to address remaining business or discussion items.
OTHER BUSINESS
• Consider Revised TIF Development Plan/US Home Corporation
If the EDA approves the Resolution Approving Amended and Restated Development Agreement
Relating to Tax Increment Financing District No. 1 between the Eagan Economic Development
Authority and U.S. Home Corporation, that action is in order for consideration by the City
Council as well.
ACTION TO BE CONSIDERED:
To adopt a Resolution Approving The Amended and Restated Development Agreement Relating
to Tax Increment Financing District No.l Between the Eagan Economic Development Authority
and U.S. Home Corporation.
EXECUTIVE SESSION
There will be an executive session to discuss two items by the City Attorney which include: 1)
the special Dodd Road assessment appeal, Dave & Heidi Kolhoff vs City of Eagan; and 2)
direction regarding condemnation action pertaining to the JP47 Project.
/s/ Thomas L. Hedges
City Administrator
J
SEVERSON, SHELDON,
DOUGHERTY & MOLENDA, P.A.
TO: Mike Ridley, Senior Planner
FROM: Michael G. Dougherty, City Attorney
DATE: February 5, 2003
RE: JOB DIGS
In response to a request by the City Council, our office has reviewed the City's ability to
eliminate or otherwise restrict news racks, newsstands and newspaper vending boxes, such as
that identified as JOB DIGS. As we had previously discussed, there are certain constitutional
protections to the public distribution of newspapers and periodicals through the use of news
racks, newsstands or vending boxes placed on public sidewalks and streets. A City may not
completely ban the use of news racks or other newspaper vending devices on streets and
sidewalks. However, news racks and newspaper vending machines are not outside of the scope
of all City regulations.
The City may impose reasonable "time, place and manner" regulations on news racks if the
regulations aze clearly and narrowly drawn so as to avoid arbitrary and unnecessary infringement
on the freedoms of speech and press. Time, place and manner restrictions aze reasonable and
permissible only if they aze content neutral. Examples of regulations which have been upheld
are:
1. Prohibiting the placement of news racks that would interfere or impede the flow of
pedestrian for vehicular traffic;
2. Preventing installation, where news racks interfere with the cleaning of sidewalks by the
use of mechanical sidewalk cleaning machinery; and
3. Restricting the size and shape of newspaper boxes, so long as the standard is clear and
affords the City officials no discretion.
I have enclosed for your review a copy of the City of Crystal's Ordinance regulating news racks.
Our office has had an opportunity to review a number of similar ordinances in different cities and
found the Crystal Ordinance to be the best example of a time, place and manner restrictions.
If you have any questions regarding any of the content, please let us know.
MGD:srk
Attachment
Crystal City Code 8 i 5.13, Subd. 7
(Rev. 1995)
Subd. 7. Fee. There is no fee for a special pemtit issued under this subsection.
Subd. 8. Special condition. The use, consumption, display and presence of liquor and beer in pazks
and related park facilities is a matter of special concern to the city as such activity relates to the peace and
good order of the city. For that reason the issuance of a special permit under this subsection is determined to
be a matter within the sole discretion of the city council, and its determination to issue or not to issue a special
permit is final. The council may impose additional conditions in the granting of a special permit. The
application for the special permit must be accompanied by (i) a copy of this subsection, (ii) an
acknowledgement by the applicant that the subsection has been read and is understood by the applicant, and
(iii) that applicant agrees not to challenge or in any way contest the detemunation of the city council with
regard to the issuance of the special permit.
815.15. In-line skates. It is unlawful to enter upon and move about on in-line skates (i) on tennis courts in a
park, (ii) upon playground equipment in a park, or (ii) on the stage of the Becker Park Performing Arts
Center. (Added, Ord. No. 95-5, Sec. 2)
Section 820 - Newsracks
820.01. Subdivision 1. Definitions. For the purpose of this section the temps defined in this subsection have
the meanings given them.
Subd. 2. "Newsrack" means aself-service or coin-operated box, container, storage unit or other
dispenser installed, used, or maintained for the display and sale of newspapers or other news periodicals.
Subd. 3. "Parkway" means that area between the sidewalks and the curb of any street, and where
there is no sidewalk that area between the edge of the roadway and property line adjacent thereto.
Subd. 4. "Roadway" means that portion of a street improved, designed, or ordinarily used for
vehicular travel.
Subd_ 5. "Sidewalk" means any surface ordinarily used for pedestrian travel.
Subd. 6. "Street" means that azea dedicated to public use for public street purposes and must include,
but not be limited to, roadways, pazkways, alleys and sidewalks.
820.03. News racks; general rotes. Subdivision 1. Location in roadwavs. It is unlawful to install, use or
maintain any newsrack which projects onto, into or over any part of the roadway.
Subd. 2. Restrictions of pazkways and sidewalks. Newsrack that in whole or in part rests upon, in or
over any sidewalk, parkway, or public right-of--way property must comply with the following standards:
Crystal City Code 820.03, Subd. 2 a)
a) The newsrack may not exceed five feet in height, 30 inches in width, or two feet in depth.
b) Newsracks placed neaz the curb must be placed no less than two feet from the edge of the
curb. Newsracks placed adjacent to the wall of a building must be placed parallel to such
wall and not more than six inches from the wall.
c) A newsrack may not be chained, bolted or otherwise attached to any city owned property. A
newsrack may be bolted to parkways, provided that the owner of the newsrack must repair
any damage done to pazkways when the newsrack is removed.
d) Newsracks may be chained or otherwise attached to one another; however, no more than
three newsracks may be joined together in this manner, and a space of no less than 18 inches
must separate each group of three newsracks so attached.
e) A newsrack, or group of attached newsracks allowed under paragraph d) hereof, may not
weigh, in the aggregate, in excess of 350 pounds when empty.
f) A newsrack may not be placed, installed, used or maintained:
1) within five feet of any marked crosswalk;
2) within 12 feet of the curb return of any unmarked crosswalk;
3) within 15 feet of any fire hydrant, fire call box, police call box or other emergency
facility;
4) within ten feet of any driveway;
5) at any location whereby the clear space for the passageway of pedestrians is reduced
to less than five feet unless such passageway is already restricted by a permanent
fixture and the placement of the newsrack will not reduce the remaining
passageway. ,
6) at a location where the newsrack interferes with or hinders city removal of snow,
ice, and debris from the roadway or sidewalk.
g) A newsrack may not be used for advertising signs or publicity purposes other than that
dealing with the display, sale or purchase of the newspaper or news periodical sold therein.
h) A newsrack must be maintained in a clean and neat condition and in good repair at all times.
Crystal City Code 820.05
820.05. Identification. A person who places or maintains a newsrack on the streets of the city must have the
name, address and telephone number of the owner affixed thereto in a place where such information may be
easily seen and must inform the city engineer in writing where it has located a newsrack within ten business
days after placing the newsrack on a parkway or sidewalk.
820.07. Insurance. A person placing newsracks in the city must provide proof of liability insurance in the
amounts of $100,000 for any single accident, and $10,000 for property damage in which the city must be
named an additional insured. A certificate of insurance must be delivered to the city clerk prior to the
placement of the newsrack on a sidewalk or parkway.
820.09. Hold harmless aereement. A person placing a newsrack in the city must furnish a statement to the
city clerk agreeing to defend and hold the city of Crystal harmless from any and all liability, judgments,
damages, or expense that may arise or grow out of the installation, maintenance, use, presence, or removal of
newsracks.
820.11. Violations. Upon determination by the city manager that a newsrack has been installed, used or
maintained in violation of the provisions of this section, the manager must issue a written order to correct the
offending condition to the owner of the newsrack. The order must specifically describe the offending
condition and suggest actions necessary to correct the condition. Failure by the owner to properly correct the
offending condition within seven days (excluding Saturdays, Sundays and legal holidays) after the mailing
date of the order will result in the newsrack being summarily removed and processed as unclaimed property
under section 325.
820.13. Appeals. A person aggrieved by a fording, determination notice or action taken under the provisions
of this section may appeal to the city council. The faking of an appeal to the city council will stay the
removal of any newsrack until the city council makes its determination unless in the judgment of the city
manager the newsrack presents a clear and present danger of imminent personal injury or property damage.
Nothing contained in this section is to be interpreted to limit or impair the exercise by the city of its police
power, in the event of an emergency, to remove a newsrack.
820.15. Abandonment. In the event a newsrack remains empty for a period of ten continuous days, the
newsrack is deemed abandoned and may be treated in the manner as provided in subdivision 6 for newsracks
found to be in violation of the provisions of this section.
Crystal City Code
Section 825 - Repair of sidewalks
825.01
825.01. Repair of sidewalks. Subdivision 1. Duty of owner. The owner of property within the city abutting
a public sidewalk must keep the sidewalk in good repair. Repairs must be made in accordance with the
standard specifications approved by the council and on file in the office of the city clerk.
Subd. 2. Inspections; notice. The city engineer must make such inspections as are necessary :o
determine that public sidewallcs within the city are kept in good repair. If the engineer finds that a sidewalk
abutting on private property is unsafe and in need of repairs, the engineer will cause a notice to be served, by
registered or certified mail or by personal service, upon the record owner of the property, or the occupant, if
the owner does not reside within the city or cannot be found therein, ordering such owner to have the
sidewalk repaired within 20 days, and stating that if the owner fails to do so, the city engineer will do so on
behalf of the city, that the expense thereof must be paid by the owner, and that if unpaid it will be made a
special assessment against the property affected.
Subd. 3. Repair b~city. If the sidewalk is not repaired within 20 days after receipt of the notice, the
city engineer must cause the sidewalk to be repaired in accordance with law. The city engineer must keep a
record of the total cost of the repair attributable to each lot or pazcel of property and report such information
to the city clerk.
825.03. Personal liability. The owner of property on which or adjacent to which a sidewalk repair has been
performed under this section is personally liable for the cost of such repair. As soon as the repair has been
completed and the cost determined, the city clerk, or other designated official, must prepare a bill and mail it
to the owner and thereupon the amount will be due and payable at the office of the city clerk.
825.05. Assessment. On or before September 15 of each yeaz, the clerk must list the total unpaid charges for
sidewalk repair against each separate lot or pazcel to which they aze attributable under this section. The
council may then levy the unpaid chazges against the property as a special assessment under Minnesota
Statutes, section 429.101 and other pertinent statutes, for certification to the county auditor, and collection
along with current taxes the following year or in annual installments, not exceeding ten, as the council
determines. .
Section 830 -Tree removal and replacement standards
830.01. P ose. It is the intent of this section to protect, preserve and enhance the natural environment and
beauty of the city by regulating the planting, maintenance and removal of trees in the city. It is the intent of
this section to encourage the preservation of the existing trees in the city. The city desires to
8
Crystal City Code 830.03
protect the integrity of the environment and finds that trees do so by improving air quality, scenic beauty,
protection against wind and water erosion and natural insulation for energy conservation. The city also fords
that trees protect privacy and enhance properly values.
830.03. Tree advisory board. The pazk and recreation advisory commission is designated the tree advisory
board. The board is responsible for recommending policies regarding tree replacement and maintenance as
well as recommending and implementing provisions required by the Tree City USA Program. The board is
advisory to the council.
830.05. Applicability. This section applies to (i) trees located within street right-of--ways, parks and public
places of the city and (ii) trees located on private property as specified herein.
830.07. Licensing. It is unlawful to engage in the business of trimming or removing trees on the property of
another without a license under section 1165.
830.09. Landsca~in~. In new subdivision developments or when the redevelopment of commercial or
industrial property occurs, landscaping plans will be reviewed and approved by city staff with final approval
by the city council. Landscaping must be done in accordance with the applicable provisions in appendix I,
section 515 (the zoning code).
830.11. Tree maintenance and removal. Subdivision 1. Restrictions for tree removal. It is unlawful to
remove a tree from public land without approval from the city manager.
Subd. 2. Standazds for replacement. It is the intent of this section that significant, non-diseased trees
removed from public property will be replaced on a "one for one" basis. For the purposes of this section, a
significant tree is defined as either (i) a deciduous tree with the diameter of 12 inches where the diameter is
measured at four and one-half feet above ground level or (ii) a coniferous tree with the diameter of eight
inches where the diameter is measured at four and one-half feet above ground level. Replacement trees must
have a diameter of five inches or greater. Replacement of trees may be completed by planting more than one
tree, provided that replacement trees have a diameter of not less than three inches. Trees removed from
public land which require replacement must be replaced in locations and variekies as specified by the city
manager.
Subd. 3. Exemption. Diseased and dead trees which are removed by the city are exempt from the
provisions of this section. However, the city will endeavor to replace diseased trees in accordance with
restrictions on locations in sections 515 and 800.
9
Crystal City Code 830.13
830.13. New development and redevelopment. Subdivision 1. General rules. It is the intent of this section
that a person owning vacant land or creating new commercial, industrial or multi-family development or
undertaking the redevelopment of commercial, industrial or multi-family property in the city is to replace
significant, non-diseased trees as specified for public property in subsection 830.11. Any development or
redevelopment must be completed in accordance with an approved site plan that requires the replacement of
significant, non-diseased trees on a "one for one" basis.
Subd. 2. Protection. The property owner or developer or both as the case may be must take
necessary precautions to protect existing trees that aze not scheduled to be removed.
Subd. 3. Performance Quaranty. The property owner or developer or both as the case may be must
provide the city with a performance bond as specified in section 515 of the city code to guazantee the proper
installation and vigorous growth of all trees and plant materials.
Subd. 4. Maintenance. Trees planted in accordance with this section must be maintained in
accordance with the approved plan by the property owner.
Subd. 5. Exemptions. The provisions of this subsection do not apply to trees removed from existing
lots of record in R-1 and R-2 residential use districts that are developed with single family or two family
dwellings on the effective date of this section.
830.15. Enforcement. The city manager enforces this section and rules and regulations concerning the
protection, removal, planting, and maintenance of trees upon the right-of--way of any street, alley, sidewalk or
other public place in the city.
830.17. Penalties. Violation of this section is a misdemeanor. Each day that a violation is permitted to exist
constitutes a separate offense.
IV
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CITY OF EAGAN
Dakota County, Minnesota
RESOLUTION NO.
A RESOLUTION STATING THE CITY'S SUPPORT FOR THE METRO GREENWAYS
GRANT APPLICATION TO PRESERVE THE CAPONI ART PARK
WHEREAS, the Caponi Art Park is an extremely valuable asset to the Eagan community; and,
WHEREAS, it is the desire of the Eagan City Council to see the Caponi Art Park preserved for
future generations; and,
WHEREAS, the Eagan Comprehensive Guide Plan denotes the Caponi acreage south of
Diffley Road as quasi-public land, and denotes the Caponi acreage north of Diffley Road as
Parks and Recreation Open Space; and,
WHEREAS, the Caponi property is a vital portion of Eagan's core greenway; and,
WHEREAS, the Eagan City Council listed the pursuit of future green space initiatives as a
2003 City Council goal; and,
WHEREAS, the Eagan City Council has appointed a Council subcommittee to focus on the
City's participation in preserving the Caponi property; and,
WHEREAS, Mr. Anthony Caponi, in partnership with the Friends of the Mississippi River, is
applying for grant funding through Metro Greenways; and,
WHEREAS, the City of Eagan is providing technical support towards the Metro Greenways
grant application being submitted jointly by Mr. Caponi and Friends of the Mississippi River;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Eagan, that the City
of Eagan strongly supports the Metro Greenways grant application of Mr. Anthony Caponi in
order to achieve the preservation of the Caponi Art Park.
Adopted , 2003
Attest:
Maria Karels, City Clerk
Pat Geagan, Mayor
H:\Caponi Property\09-04-03 Resolution, support of Metro Greenways application.doc
~~-
DISCUSSION OUTLINE
CEDAR GROVE REDEVELOPMENT AREA
CITY OF EAGAN
COMMUNITY ROOM
SEPTEMBER 9, 2003
I. INTRODUCTION AND OVERVIEW
The Cedar Grove Redevelopment Project is the culmination of discussions and planning
activities that date back many years. While the Cedarvale area was once Eagan's primary
retail-commercial center, its vitality diminished substantially, following construction of a
freeway interchange that replaced the Cedar Avenue-Hwy 13 intersection and the
development of a number of newer commercial areas in the City. A number of efforts were
made by property owners to reinvest and promote the area, but it became evident over time
that more significant changes were necessary to revitalize the area and to enhance its value to
the property owners in and around the area and to the larger community.
The purpose of the background and discussion outlined here is to overview the project to date,
review new market study information, affirm the general goals for the area, address specific
short term policy issues and clarify the strategy for the our future redevelopment work in the
area. The timing of this discussion is advantageous, because Councilmembers and staff
members have changed, since the initial planning stages for the project. While some
participants in the discussion have the benefit of much of the background presented here,
others have joined the leadership team since the planning and redevelopment activities were
begun. By reviewing the information, it will provide a common basis for all members of the
Council, staff and consultants to share the historical context and future expectations for the
area together.
A. Purpose of District
• Cedar Grove Challenges -Over the past twenty years, changes in access,
visibility and competition diminished the capacity of the Cedarvale area to
maintain a successful mix of retail, service and office uses that could optimize the
properties within the area. In previous discussions and studies of the area, the
following challenges were identified:
• Market conditions have changed significantly since commercial area
initially developed
• Changes in roadways negatively impacted retail area
• Changes reduced re-investment in area
• Need to revitalize area with market compatible uses to protect investment
of current homeowners adjacent to site
~~
Cedar Grove Redevelopment
Status Update
Page 2
B. Concept Planning to Implement the Purpose -Cedar/13 Redevelopment Study
and Revised Plan
Project Vision and Goals - In response to the challenges, the City Council
formed Cedar/13 Redevelopment Study Task Force, which coordinated a
comprehensive study of the area, performed by SRF Consulting Group. While
readers sometimes focus on the Village Plaza schematic plan that is a conceptual
illustration of the study's conclusions, the value of the study is in its statement of a
vision, recommendations and guidelines that were subsequently incorporated in the
City's Comprehensive Guide Plan. The Study articulates the vision of the area as
a "strong, vibrant gateway to the City of Eagan." The Comprehensive Plan
expands on that statement by saying that the purpose of the study was "to create a
viable, mixed-use area that would utilize the area's innate advantages (i.e.
highway visibility and accessibility), while maintaining compatible land use
relationships with surrounding uses."
Studies such as that performed by the Cedar/13 Redevelopment Task Force are
essential to a redevelopment effort, because they provide a framework and
direction for the project to follow. Similar to a comprehensive guide plan,
however, the value of such studies is in the goals, policies and principles they lay
out to shape the redevelopment of the area. Because redevelopment projects are a
blend of market forces and local priorities, it must be recognized that they
represent guidelines rather than a site plan or blueprint for development. As a
consequence the vision for the area is best defined by the policies rather than a
visual image. The recommendations and redevelopment guidelines/special area
policies are included in the Cedar/13 Redevelopment Study and the
Comprehensive Guide Plan excerpt that are attached. In general, they may be
summarized as follows:
• Revitalize Cedar Grove Area as a Gateway/Landmark of the Community
• Improve Traffic Access and Circulation To and Through the Area
• Encourage a Mixture of Market-Supportable Land Uses Compatible with
One Another and with the Surrounding Area
• Incorporate New Urban Development Expectations by Incorporating a
Pedestrian Focus, Transit Opportunities, Mixed Residential and
Commercial Uses, Uniform and Cohesive Design Elements, Structured
Parking and Public Green Space.
• Protect Long Term Vitality of Residential Areas Adjacent to Commercial
Area and Consider the Needs of Existing Businesses in Redevelopment or
Relocation Efforts
In recognition of the conceptual nature of the Cedar/13 Redevelopment Plan and
the need to engage the private sector in its implementation, aRevised Plan was
~tV
Cedar Grove Redevelopment
Status Update
Page 3
developed that divided the area into districts and subdistricts that represented
particular geographic or functional areas, for which requests for proposal were
distributed to potential developers and interested parties. Some of the proposals have
been implemented, some depend upon improvements in the development economy
and others were unable to define a feasible development program. A status update of
the various subdistricts is attached. It is important to recognize that substantial
progress has been made in a number of areas within the redevelopment framework.
C. Project Accomplishments to Date
Since the City made the decision to more actively pursue the redevelopment of the
Cedar Grove Area, the following tasks or accomplishments have been initiated or
completed:
• Market Study Completed
• Village Plaza and Revised Plan Developed
• Area Designated as Cedar Grove Redevelopment District
• RFP Distributed and Proposals Received and Selected
• Comprehensive Guide Plan Amended to Incorporate Vision and Policies
• CGD Zoning District Adopted
• CGD Design Guidelines and Streetscape Standards Adopted
• Environmental Review (AUAR) Completed
• Traffic Budget Prepared to Guide Development Densities
• Cedar Grove Tax Increment District Created
• Roadway and Streetscape Improvements Initiated
• Land Acquisition Initiated
• Council-EDC-APC Brainstorming Session
• Keystone Communities Project Approved
• Nicols Ridge Project Approved
• United Properties Marketing Corporate Office Site
• Updated Market Study Completed
There is much left to be done and redevelopment projects of any scale take time to
come to fruition. In the Cedar Grove case, this is magnified by the unique character
of the various redevelopment subdistricts, which necessitate partnering with a number
of different developers with unique specialties.
It is also important to remember that the project has been affected to some degree by
the development market. This has been a disadvantage to this point, but it has also
permitted the City to install the road improvements and have the traffic,
environmental and regulatory issues addressed and in place in anticipation of the
market upswing.
!?
Cedar Grove Redevelopment
Status Update
Page 4
In order to build on the progress to this point and define the next steps for the project,
it is important to update the community's understanding of and expectations about the
development market.
II. UPDATED MARKET STUDY - MAXFIELD RESEARCH
Earlier this year, the City Council authorized an update of the market study for the area to
determine whether assumptions upon which the original planning and the subsequent RFP's
were based remain valid. Mary Bujold of Maxfield Research Incorporated has completed the
report and a copy is attached for your review. Ms. Bujold will be present at the Workshop to
overview her findings and address questions in its regard.
III. RELATIONSHIP OF MARKET EXPECTATIONS TO VILLAGE
PLAZA/REVISED CONCEPT PLAN
Ms. Bujold and Jim Prosser, of Ehlers and Associates, will also discuss the market study's
implications for the redevelopment programs contemplated in the various subdistricts of the
Cedar Grove district.
IV. UPDATED PROJECT STATUS -REDEVELOPMENT DISTRICTS
The attached area map and project update matrix illustrate the current status of development
and redevelopment activity in the Redevelopment Area. In general terms, the districts,
development programs and developer/property owners are listed below:
A. North District -Office and Office Showroom -United Properties and Ryan
Companies
B. West District -Mixed Use HoteUTransit/Housing -Shelter Corp and MVTA
C. Central District -Program to be Determined -Schafer Richardson, TOLD and
Private Owners
D. South District -Multifamily Housing - Delta/U5 Homes
E. Gateway District -Retail and Senior Housing - Amcon and Keystone
F. East District -Program to be Determined -Private Owners
V. POLICY ISSUES
The first purpose of the discussion is to reacquaint participants with the background
associated with the Redevelopment District. The second purpose is to invite Council
discussion of the following policy issues and to provide direction for the continued activities
within the area. Some of the policy issues require actions at this time, while staff is
recommending that other issues be overviewed and referred to an appropriate committee to
provide specific recommendations for future consideration by the City Council.
l~
Cedar Grove Redevelopment
Status Update
Page 5
A. Review and Affirm Project Vision and Goals - As noted at the beginning of this
outline, one of the purposes of this meeting and discussion is to determine whether
the City shares and remains committed to the previously stated vision and goals for
the area. As the study and review process evolved, it defined a program that is
intended to be both a means of responding to the challenges in the area (declining
investment, traffic congestion, etc.) and an end (a viable, sustainable aspect of the
community).
DIRECTION TO BE CONSIDERED:
To affirm the vision and goals outlined above or to provide direction regarding
modifications to redefine the program from this point forward.
B. Assignment and Amendment of Development Agreements - Delta/US Homes -
Delta Development previously received approval for the development of the Nicols
Ridge Project in the South District of the Cedar Grove area. This approval included
not only land use and subdivision approvals, but also agreements with respect to the
collection of assessments, the acquisition of property, the City assumption of certain
costs and other aspects of the assembly and redevelopment of the site.
Earlier this year, Delta sold its interest in the project to Orrin Thompson Homes.
Since that time, Delta has requested and the City Council has authorized the
assignment of the project from Delta to Orrin Thompson. At this time, Orrin
Thompson is requesting modifications of certain aspects of the agreements with the
City. The purpose of the information below is to provide the City Council with a
comparison between the Delta Development approved and the US Home proposed
Nicols Ridge. A copy of the Orrin Thompson narrative in this regard is attached.
The Nicols Ridge development proposal by US Home/Orrin Thompson mirrors the
Delta Development plan approved by the City Council in May of 2002 from the
standpoint of general layout (i.e. building location) and unit count (230). Distinctions
between the two include:
Phasing
Both proposals contain three phases of platting and development, however, the US
Home plan has a minor difference by providing more units in Phase II and less in
Phase III. The unit count in Phase I is the same for both plans.
Performance Deadlines
The TIF Development Agreement also lays out a series of performance deadlines for
the completion of the various phases. US Home proposes to extend each of those for
/9
Cedar Grove Redevelopment
Status Update
Page 6
one year beyond the timeline proposed in the Delta Agreement. This may or may not
be an issue depending upon the negotiation of acquisition language and performance
guarantees acceptable to US Homes and the City.
Architecture
The City Council has consistently stated the importance of delivering a product,
through redevelopment, that is special and unique. This has been illustrated in goal
statements and by the adoption of design standards. Further, during the review of
Delta Development's Nicols Ridge proposal, the importance of the architectural
statement of the end product was stressed. The Council was clear that it is critical to
raise the bar and set the proper tone for subsequent development within the
redevelopment area. Therefore, staff wants the Council to be aware of architectural
changes proposed on the town home portion of the Nicols Ridge site.
The architecture of the condo buildings, with underground parking, remains the same,
but the US Home row townhome buildings visually differ from Delta's from an
architectural standpoint. Delta's townhomes provided architectural interest with
varying rooflines and by providing each unit with atrellis-covered deck projecting
out from the front wall of the unit. The benefit of this deck design is twofold; it adds
visual interest by giving significance to the deck feature and, equally as important, it
dramatically reduces the visual prominence of each unit's two-stall garage.
US Home has proposed "Row Home Buildings" that also include varied roof lines
and a deck feature that projects out from the front wall of the units with decks. The
units without decks appear to have the garage portion of the unit recessed slightly
which will help de-emphasize the garage doors but certainly not to the degree
afforded to the units with decks. The significance of these differences and whether
the proposed product conform to the City's desired standard for the area is a matter of
Council consideration.
DIRECTION TO BE CONSIDERED:
Prior to consideration of adoption of the Amended and Restated TIF Development
Agreement, it would be important for the Council to acknowledge and comment on
the changes proposed for the Nicols Ridge development. Specifically, a finding
should be made that the revised architectural design does or does not conform to the
Council's expectations for the appearance and character of this district of the Cedar
Grove Redevelopment Area and that the modifications of the phasing and
performance guidelines are or are not acceptable.
a~
Cedar Grove Redevelopment
Status Update
Page 7
C. Potential Property Acquisitions -The City has been approached by a number of
property owners or prospective developers of subdistricts asking City consideration of
acquisition of additional properties. In some cases, this has been in contemplation of
a specific redevelopment project. In others, it has been from property owners who
have determined to relocate from the area, who are aware of the City's redevelopment
activities. In particular, the City has been approached by owners of Jim Cooper's
Goodyear and the Eagan Pet Clinic, among others. In addition, the Nicols Ridge
Project contemplates the acquisition of additional properties in the South District. To
date, the City's decisions regarding acquisitions have been on a case by case basis
and they should continue to be, but it would be beneficial to review and clarify the
criteria on which those decisions should be made so that we are better able to give
reasonable expectations to willing sellers.
DIRECTION TO BE CONSIDERED:
Staff recommends that this issue be referred to an appropriate sub-group of the City
Council for discussion and recommendation to the full Council in the near future.
D. Potential Property Improvements -Staff has been approached by two property
owners, the Mediterranean Cruise and Minsk Market (former Pizza Hut and ProWire
building), with plans to remodel existing buildings within the district. While the City
wants private sector interest and reinvestment in the future of the district, a stated
goal has been to not encourage piece-meal, lot by lot redevelopment. The City has
chosen not to implement a moratorium in the district and, as a consequence, it is
necessary to respond to these requests on their merits at the present time.
DIRECTION TO BE CONSIDERED:
Staff recommends that this issue and, perhaps, the assessment policy clarification
noted below be referred an appropriate sub-group of the City Council also for
discussion and recommendation to the full Council in the near future.
E. Next Steps -The following are proposed as the next steps the Council, staff and
consultants would undertake to implement additional phases of the Cedar Grove
Redevelopment Project. As with the vision and goals, we would ask the Council
affirm the next steps outlined below or to provide direction regarding modifications to
redefine the program from this point forward. While the descriptions are purposely
brief in the interests of time, staff can expand upon any of the items in the course of
the discussion, if it will be helpful in making decisions. If direction is given, each
step will be further developed with additional information or direction requested of
the City Council at future meetings.
a~
Cedar Grove Redevelopment
Status Update
Page 8
• Apply Updated Market Information and Joint Meeting Brainstorming
Results to Fine-Tune Expectations for Remaining Redevelopment Districts
and Subdistricts
• Discuss Specific Expectations with Owners of Cedarvale Mall
• Discuss Specific Expectation and Continue to Support MVTA in TEA-21
Grant Process
• Continue to Address Site Issues in All Subdistricts
• Identify Target Redevelopment Sites
• Update Communications with Public and Stakeholders about Project Status
• Prepare RFP for Target Sites Reflecting Updated Market Data
• Market Target Sites to Developers
• Review Land Acquisition Policy
• Review Project Finance Issues
• Review Property Assessment Policy and Definition of Redevelopment as
Standard for Assessment
• Other Issues Defined by the City Council
DIRECTION TO BE CONSIDERED:
To provide direction to proceed with implementation of the next steps as presented or
modified.
VI. FUTURE DISCUSSION TOPICS
A. Northeast East Eagan Update
B. General Economic Development Goals
C. Cedar Grove Progress Update
VII. SUMMARY AND COUNCIL DIRECTION
By the conclusion of the meeting, we hope that the City Council, staff and consultants will
share a clarified understanding of the background, current status and direction for the Cedar
Grove Redevelopment Area and the ability to describe it in fifty words or less.
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CITY OF EAGAN
COMPREHENSIVE GUIDE PLAN
CEDAR GROVE
REDEVELOPMENT
AREA
(AREA 5)
Background:
Special Area 5 encompasses the four quadrants of the Highway 77/ Highway 13
interchange. See Area Map, exhibit 3.7.S.a. During the original Comprehensive
planning process, the four quadrants were placed in a Special Area primarily in response
to the undetermined scope of the Cedaz Grove Redevelopment Area. Since that time, the
boundary of the redevelopment azea has been refined and it excludes the land lying west
of the Cedar Freeway (Hwy 77).
The Cedaz Grove Redevelopment District is a sub area of Special Area 5 and it includes
the Cedarvale Mall and the area surrounding it from Highway 77 (Cedar Avenue) to
Silver Bell Road both north and south of Highway 13. The Redevelopment Area will be
discussed in detail later in this report.
The Special Area originally encompassed 500 acres of land and includes a wide variety
of uses including undeveloped, residential (both single family and multiple), commercial,
office/warehouse and institutional. See Current Zoning Map, exhibit 3.7.S.b. At the time
the Comprehensive Guide Plan was updated, many inconsistencies existed between
zoning and Guide Plan designation and a number of uses existed as legal non-
conformities.
The Cedarvale Area was once considered Eagan's downtown business district centered
on the Cedarvale Mall which was constructed in 1965. Since then however, the
commercial viability of the area has declined due lazgely to access restrictions and other
commercial competition such as Cliff Lake Center, Eagan Promenade and Town Center.
Recognizing the need for some type of public investment in the area, the Eagan City
Council initiated the Cedarvale Area Redevelopment Study in 1998. The purpose of the
study was to create a viable, mixed use area that would utilize the area's innate
advantages (i.e. highway visibility and accessibility) while maintaining compatible land
use relationships with surrounding uses. In October 2001, the City Council formally
created the Cedar Grove Redevelopment Tax Increment Financing District.
General Area Description:
Land Use
As previously mentioned, this area contains a variety of uses including residential,
commercial, officelwarehouse and institutional.
For descriptive purposes, the study area has been divided into four quadrants as described
below:
Northeast Quadrant: Although the Redevelopment Area is bisected by Highway
13, the City has a strong desire to create and/or maintain physical and visual
"connections" between the northeast and southeast quadrants.
} The northeast quadrant contains a variety of uses that include approximately 20
single family residential homes and over 350 total apartment units in three
buildings located north of Silver Bell Road and east of Nicols Road. The original
scope of the Redevelopment Area incorporated the single family uses in this
quadrant due to either inconsistencies between zoning and Guide Plan
designations or legally existing nonconforming uses, i.e., single family home on
property guided and/or zoned Industrial. At the request of these residents, the
City Council removed the single family residential properties located on Silver
Bell and Wuthering Heights Roads. To achieve the required consistency, the City
Council directed a LD -Low Density Residential Guide Plan designation for
these affected properties.
Other development within the northeast quadrant includes a 103,000 square foot
office/showroom building, a private school, and a truck service and tire company.
In addition to privately owned properties in the quadrant, a significant amount of
land is held by the public. Public entities controlling property include: City of
Eagan, US Fish and Wildlife Service, and Metropolitan Council (Environmental
Services).
Also, properties in the northerly portion of this quadrant are inundated with
environmentally sensitive systems. These include lands classified as Calcareous
Fen, wet meadow, and Harnack and Kennealy Creeks (urban trout streams). This
area was the subject of a study entitled Nicols Fen, Kennealy and Harnack Creeks
Project (funded by MN DNR Metro Greenways Planning Grant, Lower
Minnesota River Watershed District and City of Eagan) completed July 31, 2002.
Prior to the completion of this study, the City was generally awaze of
environmental issues in this area but had little empirical data to rely upon and, as
such, the scope of environmental impact lacked specificity. The environmental
classifications, and associated urban trout stream buffer areas (required by the
DNR) per the Eagan City Code, will result in restrictions of varying degrees to
development on private and public lands displaying said chazacteristics. To wit,
several pazcels with existing homes aze (legally existing) non-conforming due to
encroachment of structures in the 300' creek buffer. These homes will be allowed
to remain indefinitely; however, expansion of these structures would not be
allowed.
The table below lists all private property affected by the 300' creek buffer:
Property Owner Name Property Tax ID Property Address
Arends 10-01800-091-79 2133 Silver Bell Rd
Bernstein 10-01900-020-25 3815 Nicols Rd
Fournier 10-01800-010-79 2141 Silver Bell Rd
Groven Trst 10-01800-021-79 2135 Silver Bell Rd
10-01800-022-79
Hazel 10-01800-100-79 2129 Silver Bell Rd
Kampa 10-01800-010-57
Naegele 10-01800-011-56
10-01800-012-52
10-01800-013-50
Peterson 10-01800-080-79 2139 Silver Bell Rd
10-01800-070-79
Pederson 10-01800-011-59
10-01800-020-55
Ramnarine 10-01800-020-60 3785 Nicols Rd
10-01900-010-25
10-71400-010-01
10-71400-020-01
Sommers 10-01800-010-78 2135 Wuthering Heights Rd
Because this area serves as a gateway to the Cedar Grove area, the Land Use
designation and Zoning should be P -Park for land held in public ownership in
this quadrant and privately held property in this quadrant, that is currently zoned
Industrial, should have a less intense Land Use designation and Zoning; BP -
Business Park is suggested.
Northwest Quadrant: Virtually all property in this quadrant is owned by the
Minnesota Department of Transportation, appazently acquired for right-of--way
purposes associated with Highways 77 and 13. Portions of the azea are within
Eagan's Floodplain Overlay District. Additionally, the bulk of the area is
occupied by wetland complexes. The Land Use designation and Zoning should
be P -Park for land held in public ownership in this quadrant. There is one small
piece of privately held of property in this quadrant (Outlot A, Four Paws
Addition). The adjacent property to the west (in Burnsville) is designated as
Office -Business. Staff understands that a developer has an application pending
to re-guide and rezone that property to allow for a single family residential
development (Rivers Edge). Outlot A, Four Paws is shown to be utilized for
ponding purposes to serve the proposed development. Staff has informed the
City of Burnsville and the developer that Outlot A, Four Paws Addition, should
be re-platted and included in the Rivers Edge plat.
As such, it makes sense that it should be guided and zoned to accommodate this
change. However, if the single family residential development does not come to
fruition, the appropriate Guide Plan designation would be O/S -Office/Service
`r-1
-> and the zoning would be BP -Business Park. Therefore, the maps attached as
exhibits show this parcel with dual Guide Plan (O/S & LD) and Zoning
designations (BP/R-1). Staff anticipates the amendment and rezoning for Rivers
Edge will be complete at or neaz the time the Eagan City Council adopts the
Special Area 5 amendment.
Southeast Ouadrant: Specific uses within this quadrant include vacant, single
family residential, multiple-family residential, and commercial. The quadrant
also includes the Cedarvale Mall which represents the most dominant use within
the study area. The 131,000 square foot mall was constructed in 1965 in the
southwest corner of TH 13 and Cedar Avenue. Presently, the mall has a high
occupancy rate. Through changes in the mazketplace, site access and an aged
facility, the Cedarvale Mall has significantly reduced its retail viability. As a
result, the mall has evolved into a retail center characterized by "destination-type"
uses (i.e. Grand Slam, Bally Total Fitness, etc). Primary market competition
includes newer retail center focal points within the community (Eagan
Promenade, Cliff Lake Center and Town Center) and Mall of America. Other
large developments in the quadrant include the 40,000 squaze foot "Silver Bell
Center" strip retail, "Cedarvale Highlands" retail-service on the first floor and
apartments above, and Cedarvale Bowling Lanes.
Southwest Quadrant: This quadrant of the Special Area was originally considered
for redevelopment by the Cedarvale Task Force. However, due to development
restrictions and lack of convenient access, the area was removed from
consideration. The area of this quadrant within Special Area 5 is zoned Industrial
and contains a mix of uses that aze consistent with the Industrial Zoning District,
i.e., mini-storage, an HVAC business, a canine kennel, etc. There is also
approximately five acres of "undeveloped" land that is held by two natural gas
companies; further development of this property is impeded by utility easements
that crisscross these two parcels. Due to topography and natural vegetation, this
area is rather secluded It appears that the Guide Plan and Zoning designations
should remain Industrial for the northerly two parcels (kennel and mini-storage)
and BP -Business Park for the remaining parcels due to their proximity to the
Eagan Heights townhome development to the south.
Land Use Conclusions:
Based on basic land planning principles coupled with the conclusions of the market study
for the Redevelopment Area, and City Council discussion/direction has resulted in varied
land use designations proposals within the study area. See Land Use Map, exhibit
3.7.S.c.
In azeas where no significant land use or zoning changes are proposed, properties should
be removed from the Special Area. The Land Use designations for the NW and SW
quadrants should be removed from the Special Area designation and given designations
that accommodate current land use and acknowledge the public ownership in part of the
'~ NW quadrant. Additionally, property within the NE quadrant located outside of the
Redevelopment Area should be removed from the Special Area designation and given
designations that accommodate current land use and acknowledge public ownership.
For the most part, uses within the northeast quadrant have been designated to reflect their
present use. In a change from its prior Industrial Guide Plan designation, the Wuthering
Heights single family residential neighborhood area is proposed to be designated LD,
Low Density Residential. There aze also environmental realities that exist in this
quadrant and they are noted earlier in this report. In addition, this quadrant should reflect
the City's desire to promote office use in the area lying west of Tesseract School to Cedar
Avenue.
Zoning Conclusions:
Those parcels within the Special Area having residential and agricultural zoning
designations will retain such zoning and other commerciaVindustrial zoned parcels
located outside of the Redevelopment Area will be zoned to be consistent with the Land
Use designation. The zoning for parcels located within the Redevelopment Area need to
reflect the City's vision for redevelopment. As such, the City Council directed the
creation of a new Zoning District - Cedaz Grove District (CGD) -that will incorporate
design and bulk standazds established to ensure that mixed use development in the area is
consistent with the City's vision. Memorializing the design and bulk standards will serve
to alert developers and property owners to the City's expectations regazding the
appearance of the ultimate development and redevelopment within this area. See
Ultimate Zoning Map, exhibit 3.7.5.d.
Cedar Grove Redeveloament Area
Market Study
In an effort to understand if the Cedarvale Mall and surrounding area could expect to
regain its status as a viable retail center, or if there are other alternative uses which could
be better served by the market, a competitive centers analysis was conducted by Towle
Real Estate. The study examined competitive retail centers and the retail market in a
seven mile radius from the study azea. The study concluded that existing retail space in
the study area suffers from poor access, low rents and aging buildings. The analysis of
the study demonstrated that even if these conditions were corrected, large scale retail
development in the area would be ill-advised.
A survey of real estate professionals was also conducted in regard to the viability of other
uses within the study azea. All persons interviewed felt that a market would exist for
attached housing within the Study Area. These opinions were based on a strong
residential land market, as well as convenient access to employment, retail, and the
natural amenities of the river valley.
~1
~~ Hotels were also cited by development specialists as a strong potential in a future
development cycle.
Transportation
The redevelopment azea lies within the northeast and southeast quadrants of the Highway
77/Highway 13 interchange. While such highways aze considered major traffic carriers,
access and circulation in the azea is difficult. The relocation of Highway 13 (in addition
to eliminating direct access to the Cedarvale Mall) resulted in an inefficient roadway
system along Cedarvale Boulevard, where the old frontage roads to the trunk highways
still remain.
Such transportation conditions have resulted in an inefficient pattern of land use
reflecting the old roadway patterns. The construction of the Highway 77 interchange
shifted access from the Cedarvale Mall azea to Silver Bell Road, a considerable distance
from the Cedarvale Mall. In addition, the confined spacing of the Silver Bell Road-
Cedarvale Boulevard and Silver Bell Road-Beau D' Rue Drive intersections created
difficult and inefficient traffic circulation.
In 2001, the City approved a public improvement project that would re-align the Silver
Bell -Beau D' Rue - Cedarvale Boulevard -Highway 13 intersection. Right-of--way
acquisition began in 2001 and the majority physical improvements occurred in 2002 and
are scheduled for completion in 2003.
Airport Implications
In addition to the high volumes of traffic upon Highways 77 and 13, the study area will
soon be subjected to increased levels of airport noise and fly over traffic with the new
north/south runway scheduled to become operational in 2004.
Preliminary noise contours associated with the new north/south runway show only areas
in the NW and SW quadrants, and a small portion of the NE quadrant of the Special Area
lies within the 60 DNL contour. These areas aze either held in public ownership or will
be designated for non-residential uses. The remainder of the azea, including existing and
proposed residential areas, lie outside the preliminary 60 DNL noise contour and should
not be subjected to levels of noise that aze eligible for mitigation. The area does
however, lie within aone-mile buffer (of the 60 DNL contour) and airport noise will be
considered as part of development review.
Updates to the noise contours associated with the new north/south runway aze expected
sometime in the Spring of 2003 and should refine the noise impacts within the subject
area.
sa
Cedar Grove Redevelopment Study Conclusions:
Several conclusions were drawn in the Cedar Grove Redevelopment Study as listed
below:
Architectural Standards -The City needs to establish architectural standards and
guidelines in design to ensure that the redevelopment concept is implemented. These
standards and guidelines should be codified to include residential, commercial, green
space and landscaping designs. In December 2002, the City Council adopted an
ordinance creating the Cedar Grove (Zoning) District.
Communications -The City should immediately implement a proactive communications
strategy in the Highway 77/Highway 13 area and the entire City to educate the public on
the redevelopment process. The City has been providing on-going information to the
public.
LRT/Transit - It is vital to the success of the redevelopment concept that planning for
light rail transit or other modes of mass transit be located within the identified
redevelopment area in the southeast quadrant of the Highway 77/Highway 13
interchange. This option has been preserved.
Parking Structures -Parking structures must be of a compatible scale and architectural
character to adjacent and nearby buildings. Large, uninterrupted surface parking lots
should be minimized to the greatest extent possible. This is addressed in Cedar Grove
District.
Relocation -Efforts should be made to keep businesses desiring to remain in the area part
of the redevelopment. Displaced residents/businessesrnust be given fair mazket value
and relocation assistance in accordance with law and industry best practices. This is
being practiced.
Traffic and Access -Road and other improvements must be preceded by detailed traffic
analysis to assure that adequate infrastructure is in place to handle the impact of full
development. An Alternative Urban Area-wide Review (AUAR) was initiated in 2001
and adopted in 2002.
General Special Area Policies:
1. The Highway 77/Highway 13 area will serve as a landmark entering Eagan and south
of the Minnesota River.
2. The redevelopment area will contain a vital mix of uses supported fully by the market
and responding to evolving community needs.
3. The Silver Bell Road azea entry should be more useful, visible and accessible.
~~
4. Auto circulation through the azea should provide clear and efficient access to
development sites.
5. Buildings should be attractive from Highway 77/Highway 13, as well as their primary
access.
6. Development should provide an identifiable "signature" for the area, either through a
signature building, an element of the public realm or through cohesive design of
individual buildings.
7. Consistent azchitectural standards for medium to high density residential uses should
be present.
8. Landscaping, green space and connections to adjacent pazk azeas are important.
9. Transit should be incorporated into azea redevelopment plans.
10. Pedestrian and bicycle movement should be integrated throughout the azea.
11. Adequate pazking should be integrated within the site and lazge, expansive parking
lots should be avoided.
12. Buffering and screening of unattractive uses should be provided.
13. The City's goal is to maintain the integrity of environmentally sensitive azeas;
particularly in the northerly portion of the northeast quadrant.
14. The City will support the existing residential uses.
15. The City will not support piecemeal, lot-by-lot, redevelopment.
16. The City will strive to ensure new Business Pazk development does not negatively
impact existing residential properties through the development review process,
including enforcement of specific zoning standazds and performance guidelines.
17. Many properties presently holding I-1, Limited Industrial zoning designations will be
rezoned to BP, Business Park or P, Park.
18. In recognition of the study area's location, the City will take full advantage of
opportunities to present an attractive City image (via development quality, erection of
City identification signage etc.).
19. Uniform design elements, providing identity and cohesiveness, will be adopted for
the study area.
20. To the extent possible, new development shall respond and strive to retain the natural
features of the area including wetlands and mature vegetation.
21. Due to the area's proximity to the airport and the proposed new north-south runway,
the City will discourage further subdivision of any of the existing detached residential
property.
22. New development within the study area shall incorporate sound attenuating
construction techniques, as warranted.
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¢nn~r
CORPORATION
To: Bill Pritchard
From: Dennis R. Kliner
Subject: Nicols Ridge
Date: August 26, 2003
i
.J
Bill, attached is information for you to submit to Mr. Mike Ridley, Senior Planner for the
City of Eagan.
Enclosed you will find our narrative to Mr. Ridley and a package of approved and
proposed renderings.
If you have any questions or comments please see me.
Thank you.
7~
Q
¢nn~r
CORPORATION
~'' : ~ -`
~;: 2'aU~
To: Mr. Michael J. Ridley- Senior Planner- City of Eagan
From: Dennis R. Kliner- Regional Vice President- Orrin Thompson Homes
Subject: Nicols Ridge
Date: August 27, 2003
Dear Mr. Ridley:
Bill Pritchard and I thank you very much for another opportunity to present our memo
and colored renderings to you in anticipation of an approval of our plans for Nicols
Ridge. This memo will describe some of the small changes from the approved plans to
the proposed plans. You requested this material from our last meeting on August 20,
2003. We understand that you need this information from us prior to your presentation to
the Economic Development Authority of the City of Eagan.
This memo will outline in narrative form the differences from the approved plans of Mr.
Parranto of Delta Homes to our proposed plans from Orrin Thompson Homes.
Allow us to address the condominium homes first.
As indicated in my memo dated August 11, 2003, we will make no changes to the
exterior elevations of the condominium homes. We believe the approved and current
facade and elevations will be an attractive exterior streetscape to Nicols Ridge. We do
however propose to substitute the stucco finish on the exterior for a James Hardie
(Hardiplank) 50-year warranty siding. This type of siding is considered far superior to
any type of exterior finish on any home for long lasting durability. As indicated in my
previous memo, we have a higher level of confidence in a lap fiber cement type siding
than a stucco application. There have been too many negative press reports on water
intrusion issues on a stucco application. Our customers desire to feel confident in their
investment with a quality exterior finish material.
The footprint of the building will stay exactly the same as what was previously approved.
Our anticipated pricing will be in the mid $200's and up with over 1,750 square feet of
living space.
7ID
~t
¢nn~r
CORPORATION
The second series of new homes will consist of our Village Townhomes. These homes
have been created to compliment the area of Nicols Ridge condominiums and yet present
another series of homes that is consistent with the cities desire to maintain the area as a
unique urban community. We will list in this portion of the memo the advantageous
changes from the Delta Homes plans that the council approved to our proposed plans
which hopefully will bethought to be as desirable if not more desirable.
For your review in this package please review the renderings which will show the
approved and proposed plans for our Village homes and also the condominium series of
new homes.
There is one obvious similarity on the row homes in that the approved and proposed plans
demonstrate. That is, the decks on the fronts of the homes create a shadow effect taking
away the emphasis on the garage doors. We felt that was an important design element
that we wanted to capture on our proposed homes. We are also intending on having full
lookout windows in the lower levels of the homes. The footprint of the building will be
slightly larger. This will allow us to have a more desirable lower level living space and
offer athree-bedroom home with over 2,000 square feet in the upper $200,000 range.
The Village homes will consist of four attached homes. Each being uniquely created to
provide a mixture of exterior elevations and facades. Each separate building will have a
different mix of home arrangements for each building so as to not appear common. The
Orrin Thompson Homes Village homes will create a unique streetscape the City of Eagan
desires by providing a row townhome building where each residence has its own
distinctive look. This mixing of units will have an advantage that will allow this
collection of homes the ability to interrupt the repetitious appearance that can be common
in other communities.
These row homes certainly bring back the nostalgic architecture that was used during the
settlement of the land that John Nicols owned, relating to the arts and crafts movement of
the early 1900's. Thus creating a true form of this early period architecture.
~~
¢nnc~r
CORPORATION
Our intention is again to use a fiber cement type exterior finish that will be consistent
with the condo buildings and provide the best value and durability to your residents in the
Nicols Ridge community.
In regards to both collections of homes, it is our intention to provide a vast array of
features and upgrades as standard features on both series of new homes. The abundance
of these standard features will enhance the value and desirability of our customers that
choose to build their next new home at Nicols Ridge in Eagan.
We respectfully request your approval.
Cc: Bill Pritchazd
7~
The Nicols Ridge project, ~'
as originally proposed by
Delta Development,
consisted of three phases
(three final plats) with a
nux of Row Home and ~,
Condominiums being
platted each year. U. S.
Home Corporation is also
proposing a three phase
project, the difference
between the two proposals
is the distribution of
homes that will be platted
each year. The attached is
a written and graphic '~
proposal that delineates
the changes that U.S.
Home Corporation is
proposing.
rT
NICOLS RIDGE -Revised Phasing Proposal
LJ
ro ~
-~
DELTA DEVELOPMENT
Orange Phase One 4 Condo Bldgs 56 Units
8 Row Home Bldgs 32 Units
Green Phase Two 3 Condo Bldgs 42 Units
4 Row Home Bldgs 16 Units
Red Phase Three 4 Condo Bldgs 56 Units
7 Row Home Bldgs 28 Units
230
U.S. HOME CORPORATION
Orange Phase One 4 Condo Bldgs 56 Units
8 Row Home Bldgs 32 Units
Green Phase Two 3 Condo Bldgs 42 Units
6 Row Home Bldgs 24 Units
Red Phase Three 4 Condo Bldgs 56 Units
5 Row Home Bldgs 20 Units
230
RRO
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Sf
AGENDA
CITY OF EAGAN
SPECIAL MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
SEPTEMBER 9, 2003
I. CALL TO ORDER
II. ADOPT AGENDA
III. APPROVE MINUTES
~lp IV. NEW BUSINESS
A. Resolution Approving Amended and Restated Development
Agreement Relating to Tax Increment Financing District No.1
Between the Eagan Economic Development Authority and U.S.
Home Corporation
V. ADJOURNMENT
$a
Agenda Information Memo
September 9, 2003 Eagan Economic Development Authority Meeting
III. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To adopt a resolution approving the minutes of the September 2, 2003 regular
EDA meeting as presented or modified.
ATTACHMENTS:
Enclosed on page _ is a copy of the minutes of the September 2, 2003
regular EDA meeting.
Enclosed on page ~y~ is a copy of the resolution approving the minutes of
the September 2, 2003 regular EDA meeting.
g3
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
September 2, 2003
A meeting of the Eagan Economic Development Authority was held on Tuesday,
September 2, 2003 at 8:40 p.m. at the Eagan Municipal Center. Present were President Geagan
and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom
Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike
Dougherty, Administrative Secretary /Deputy Clerk McGarvey.
ADOPT AGENDA
Commissioner Maguire moved, Commissioner Fields seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
APPROVE MINUTES
Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a
resolution approving the minutes of the August 19, 2003 regular EDA meeting as
presented.
SCHEDULE SPECIAL MEETING
Commissioner Fields moved, Commissioner Tilley seconded a motion to schedule
Special Economic Development Authority meetings for September 9, 2003 and September 16,
2003. Aye: 5 Nay:O
ADJOURNMENT
The meeting adjourned at 8:42 p.m.
Date Executive Director
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please
contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD
phone: (612) 454-8535.
The City of Eagan is committed to the policy that all persons have equal access to its programs,
services, activities, facilities and employment without regard to race, color, creed, religion,
national origin, sex, disability, age, sexual orientation, marital status or status with regard to
public assistance.
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING THE MINUTES OF THE MARCH 18, 2003
SPECIAL MEETING
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the minutes of the September 2, 2003 regular meeting
of the Eagan Economic Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the Authority in a
special meeting thereof assembled this 9`h day of September, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
Agenda Information Memo
September 9, 2003 Eagan Economic Development Authority Meeting
IV. NEW BUSINESS
A. RESOLUTION APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT
FINANCING DISTRICT N0.1 BETWEEN THE EAGAN ECONOMIC
DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION
ACTION TO BE CONSIDERED:
To adopt a Resolution Approving The Amended and Restated Development
Agreement Relating to Tax Increment Financing District No.1 Between the Eagan
Economic Development Authority and U.S. Home Corporation.
FACTS:
• At the Request of Delta Development, Inc. the EDA has adopted a
resolution approving the assignment of the Development Agreement with
Delta Development, Inc. ("Delta") relating to Tax Increment Financing
District No. 1 in Cedar Grove Redevelopment Project to U.S. Home
Corporation, which operates locally as Orrin Thompson Homes.
• U.S. Home assumed Delta's obligations under the Development
Agreement and the action released Delta from its obligations.
• In addition to the assignment of the development rights and obligations,
U.S. Home Corporation is requesting changes to the Development
Agreement that are outlined in the Special City Council packet for
September 9, 2003.
• In addition to the assignment and amendment of agreements, a number of
development steps remain prior to construction of the project including
satisfaction of Dakota County requirements for remediation of remaining
environmental issues and application for and completion of Final
Subdivision and Final Planned Development approvals. These can be
processed concurrent with the other agreements, but are not complete at
this time.
ISSUES:
• The draft agreement includes language intended to insure that all of the
City's costs of acquisition of property within the proposed development
area will be passed on to the developer. On August 28, U.S. Home
indicated that it has concerns that the language is overly broad. Staff
requested that the company submit its specific concern and proposed
remedy in writing to permit it to be reviewed. On September 3, Mark
Parranto contacted staff with the same concern. The staff request for a
written proposal was reiterated and confirmed by email. At the time of
packet preparation, the U.S. Home proposal had not been received. As a
consequence, the enclosed draft of the agreement is submitted as it was
most recently revised by the City's Bond Counsel, Steve Rosholt.
One reason that the draft language is not more specific at this time is
because the amended and revised development agreement contemplates
a subsequent agreement regarding the acquisition of additional properties
and cost and performance guarantees on the part of the developer. It is
not in the City's best interest to narrow its authority to cover costs until
these issues are addressed. Therefore, it may be more appropriate to
receive Council direction regarding the architecture, phasing and
performance deadlines and to direct continued negotiation of these points
with the developer before final action on the amended and revised
agreement.
ATTACHMENTS:
• Enclosed on pages through is a copy of the marked up
amended and restated development agreement as prepared by the City's
Bond Counsel.
• Enclosed on page is a copy of a resolution approving the
amended and restated development agreement.
• The City Council is also required to take action on this item after the EDA
has acted.
~7
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT
FINANCING DISTRICT N0.1 BETWEEN THE EAGAN
ECONOMIC DEVELOPMENT AUTHORITY AND U.S. HOME
CORPORATION
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to adopt a Resolution Approving The Amended and
Restated Development Agreement Relating to Tax Increment Financing District
No.1 Between the Eagan Economic Development Authority and U.S. Home
Corporation.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, SecretarylDeputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the
Authority in a special meeting thereof assembled this 9th day of September,
2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
----- -
DRAFT: 4% G/0 ~ _ . _. { deleted: ~ i
_ . ..~_:
{Deleted: 27
~{ Deleted: 02
:4MENDED AND RESTATED
DEVELOPMENT AGREEMENT
Dated~Septemb~r ,r00.
Relating to
TAX INCREMENT FINANCING DISTRICT NO. I
Between
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
CITY OF EAGAN
and
U.S. HOhtF. CORPORATLON
This Instrument Drafted by:
Faegre & Benson LLP
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, Minnesota 55402-3901
Telephone: (612) 766-7000
{ Deleted:
{ peleted:2oo2
1 Deleted: DELTA DEVELAPMENT,
arc.
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into as of this day of~Setotember,
_ ___-.
~00~_, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a
Minnesota municipal corporation (the "EDA"), the CITY OF EAGAN, a Minnesota
municipal corporation (the "City"), and U S. H0~ti1F CORPORATION, a . elaware ..
_ -
corporation (the "Developer"):
WITNESSETH:
WHEREAS, the EDA has created and established a Tax Increment Financing
District referred to as Tax Increment Financing District No. 1 (the "TIF District") in
connection with the Cedar Grove Redevelopment Project Area (the "Redevelopment Project
Area") pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to
469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the
"Acts"); and
WHEREAS, pursuant to the Acts, the EDA has adopted and the City has
approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing
plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the
Redevelopment Project Area; and
WHEREAS, in order to achieve the objectives of the Redevelopment Plan and
the TIF Plan, the EDA has determined to provide substantial aid and assistance through the
financing of land acquisition and certain public improvement costs in the Redevelopment
Project Area; and
WHEREAS, the Developer has proposed a phased housing development
("Phase I", "Phase II" and "Phase III") within the Redevelopment Project Area and the TIF
District which the EDA has determined will promote and carry out the Redevelopment Plan
and TIF Plan; and
_ WIIF..RF...:~S, the ED='i and the City entered into a Development Agreement
dated December 2, 2002 ("the `'Original Development Agrccmenf') with Delta Development,
Lnc. (the `'Original Developer"1 relatinc to a h.ousin+tiproiect in the Redevelopment Project
Area; and
WHEREAS, the Original Developer has assigned the Original Development
Agreement to the Develonel :and
NOW, THEREFORE, in consideration of the mutual covenants and
obligations of the EDA, the City and the Developer, the parties hereby represent, covenant
and agree that the Original Development A~~reement shall. be and herebk~ is amended and
restated as follows:
{ Deleted: )
,.
{ Deleted: zooz,
{ Deleted: DELTADEVELAPMENT,
INC
Deleted: Minnesou I
ARTICLE I.
DEFINITIONS. EXHIBITS. RULES OF INTERPRETATION
Section 1.1 Definitions. In this Agreement, the following terms have the following
respective meanings unless the context hereof clearly requires otherwise:
(a) Acquisition and Relocation Costs. The costs of the City, the EDA and
Developer of acquiring the Property, demolition of existing structures and any relocation
costs associated with the Development.
(b) Certificate of Completion. The certificate of substantial completion set forth in
Exhibit B hereto.
(c) Cam. The City of Eagan, Minnesota.
(d) Citv Assessments. The amounts which the City would have assessed against
the Property as set forth in Exhibit,. _,.- {Deleted: P
(e) Ci Fees. The development fees which the City is entitled to receive for park
and trail dedication, water quality and trunk assessment with respect to the Improvements as _
- - ----- --
set forth in Exhibit. -
I Deleted: P
(f) Commencement Date. The~iate on whlch the Developer commences -.. - {oersted: earh«uf _
COriSlTUCtIOn Of ~ Phase. _ _
- - -- - Deleted: Phase or ent«s into definitive
financing agreements for a Phase,
(g) Condemnation Expenses- The incidental costs of acquiring Property to be provided that the Develops shall have
furnished satisfactory evidence to the
condemned pursuant to Section 3.6, including court costs, attorneys fees, filing fees, expert EDA that the Developahas contributed
equity in an amouut at least equal to the
witness fees and relocation costs, but excluding the purchase price, title insurance, soil testing subsidy to be provided for that
and environmental assessments.
(h) Developer. ,L;.S. 1-lome Corporation, a __elaware corporation, its succes_sor_s _- ._- {Deleted Delta Development, Inc
and assigns. {Deleted: Minnesota 1
(i) Development. The Property and the Improvements to be constructed thereon
by the Developer as Phase I, Phase II and Phase III according to the Housing Plans approved
by the EDA and the City.
(j) EDA. The Economic Development Authority of the City of Eagan, Minnesota.
(k) EDA. Letter of Credit. I'he EDA Letter of Creditor EI3A Letters oiCredit
described in Section 3-4 hereof.
12
L~
jl 1 Housing Plans. Collectively, the plans, drawings and related documents - I_ Deleted: (k)
referred to in Exhibit C which establish certain design and construction standards for the
Improvements.
Improvements. Each and all of the improvements to be constructed on the - ~ Deleted: I _ _ __~
(1??). _ _
Property by the Developer, which are expected to include approximately 230 units, including
townhome~ row homes and condominium units, to be completed m three phases as specified , . • ~ ~~eted and wage J
in the Housing Plans identified in Exhibit C hereto, but excluding any and all personal
property.
. ......._. _. _. _ _.._._ .......__. _ .. - ( ) Letter ofcred~l 'Ihe
..__ ._.. .._. ..... __ _........ ..................__ ~Lettttto~fCreditdescribedinSectmn3.9.
(n) Mortgal;e and Holder. The term "mortgage" shall include the mortgages
referenced in Article IV of this Agreement and any other instrument creating an encumbrance
or lien upon the Development or any part thereof as security for a loan. The term "holder" in
reference to a mortgage includes any insurer or guarantor (other than the Developer) of any
obligation or condition secured by such mortgage or deed of trust.
.. .... - .. , eted:. (o) .Partial Relesse. 'ILe
Del
Parbal Release m the forth of i rt
bal
e execut upon u sta
~ .Phase I. The portion of the Development expected to be constructed on the
_... .._ ...... .............. .. ......._. .__......__. ........ ..__...... .._ .. _.. _.. .._........ _.......___. .._..__.. Completio ~~~
n f a Unit or Units.
_ o .. ....T,.m.
Phase I Property. {Deleted: (p)
(p) ___ Phase I Provertv. That portion of the_land described in Exhibit A and as - f Deleted: v
subsequently identified by the Developer as the Phase I Property.
(~) Phase II. The portion of the Development expected to be constructed on the . _ ~ I oeletea: r
Phase II Property.
(z) Phase II Property. That portion of the land described in Exhibit A hereto and. _ -... - (~~: s
as subsequently identified by the Developer as the Phase II Property.
(~) Phase III. The portion of the Development expected to be
constructed
on the .... { Deleted: t
_
_ _
_
Phase III Property.
(,~) Phase III Property. that portion of the land described in Exhibit A hereto and - -- -
i_Delt~ted n
as subsequently identified by the Developer as the Phase III Property.
~ Property Letter of Credit. The. ProLrty Letter of Credit described in Section {Deleted plus anyunrnmbursed
.~ ~ I Condemnaton Exprnses for that Phase x
.~~ Deleted: uncompleted
' Deleted:
(v) Phase Liquidated Damages. For Phase I, $609,511 ess_ jthe number of ______ ___; . ;•
,~Substanti tll~ Complete Phase I Umts,e ~`?;G 926 • for Phase II $380 015 ess the number of "{ ~l~` $$
.......
_..._ .
Deleted: plus any unreimbursed
Condemnation Exprnxs for that Phase z
13
ubstanhafly Complete Phase II Units~~~758]; and for Phase III, $507,286 ess [the number,:. - ~ i Deletes: uncompleted
of~stantiallXC on~llzte Phase III Units*~ Sfi (i 7~),_ __ ____ _ ___ _ ____ _ _ __ _ De~~ed: - - -
.....P~~~-~:.-,,~-,.,.....m-.~-,~
^, ~ Deleted: 58
(w) Pro e .The real property which is a part of the TIF District and which is Deleted plus any nnrermbnrsed
legally described in Exhibit A attached hereto to include the Phase I Property, the Phase II i , condemnation Expenses fnr that Pnase x
Property and the Phase III Property. `'~. ~ Deleted: uncompleted
Deleted: - _---
(xl Pronertv Letter of Credit. The Prooertv Letter of Credit described in Section Deleted: sa
39 hereof
,[~ Public Development Costs The costs of road and other public improvements - - tDe!eted (xj _
for Silver Bell and Cedar Grove Parkway known as Project 800R and Project 759R allocable
to the Property.
(,~)__ __4ualifyin _ Costs. _ Those Acquisition_and Relocation_Costs_and Public _ _ , ._- Deleted: y
Development Costs which satisfy the requirements of Minnesota Statutes, Section 469.176,
Subd. 4(j).
(da) Redevel_pment Plan. The Redevelopment. Plan for the Cedar Grove , .. - {Deleted:
Redevelopment Project Area, as amended from time to time.
- Deleted:. (aaj .Subordinate
-~~--~--~--~-~--~---~-~~------~~~ ~MoAeaet.7LeSubordinateMortgagein
the form of Exhi it D hereto [o be I
(bb) Substantial Completion or Substantially Complete. Completion of executed upon the Commencement Date I
construction of a Unit or Units, except for interior finish. _ofeacn Pnase.__ ___ J
(cc) Tax Increment Financing District (TIF District). Tax Increment Financing
District No. 1 created by the EDA pursuant to Minnesota Statutes Sections 469.174 through
469.179 and described in the TIF Plan adopted therefor.
(dd) Tax Increment Financing Plan (TIF P]an). The plan for development of the
TIF District adopted by the EDA pursuant to Minnesota Statutes Sections 469.174 through
469.179 and approved by a resolution of the City Council adopted October 2, 2001.
(ee) Unit. A townhome,, row home_or condominium constructed on the Property_in _- ..- -~Deletea: or>7nage _
accordance with the Housing Plan Documents.
(ff) Other Terms. Terms defined in other sections of this agreement have the
meanings given them.
Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a
part of this Agreement:
A. Legal Description of Property
14
{~
B. Certificate of Completion.
C. Housing Plan Documents.
~. City Fees and City Assessments.
Section 1.3 Rules of Interpretation.
(a) This Agreement shall be interpreted in accordance with and governed by the
laws of the state of Minnesota.
(b) The words "herein" and "hereof "and words of similar import, without
reference to any particular section or subdivision refer to this Agreement as a whole rather
than any particular section or subdivision hereof.
(c) References herein to any particular section or subdivision hereof are to the
section or subdivision of this Agreement as originally executed.
(d) Any titles of the several parts, articles and sections of this Agreement are
inserted for convenience and reference only and shall be disregarded in construing or
interpreting any of its provisions.
ARTICLE II.
REPRESENTATIONS AND COVENANTS
Section 2.1 By the Developer. The Developer makes the following representations
and covenants:
(a) The Developer has the legal authority and power to enter into this Agreement.
. - i Deleted: . D. Subordinate Mortgage.
.. _ - ~ ~ Deleted: . E.. Partial Releau.
Deleted: F.
...._... ___.......__..._ ............... _._...__.... ___.__...._-l
(b) The Developer has the necessary~'inancia] resources_for acquisition of the _ _ _ _ ,. ~ {Deleted: tommihnents rnrNe
Property and construction of the Improvements for Phase I and, if marketing goals and
certain other conditions are met for prior Phases, acquisition of the Phase II Property and
Phase III Property and construction of the Improvements for Phase II and Phase III.
(c) The Developer will, to the extent required by this Agreement, demolish the
buildings and other improvements on the Property and will construct the Improvements in
accordance with the terms of this Agreement, the TIF Plan and all local, state and federal
laws and regulations, and will construct or pay the costs of construction of any site
improvements, utilities, parking facilities, or landscaping improvements which are necessary
in connection with the construction and operation of the Improvements.
IS
qy-
(d) The Development is comprised of uses permitted under the ordinances of the
City and is in conformity with the TIF Plan and the Redevelopment Plan.
(e) At such time or times as may be required by law, the Developer will have
complied with all local, state and federal environmental laws and regulations, will have
obtained any and all necessary environmental reviews, licenses or clearances under, and will
be in compliance with the requirements of the National Environmental Policy Act of 1969,
the Minnesota Environmental Policy Act, and other applicable environmental laws.
(f) The Developer will obtain, in a timely manner, all required permits, licenses
and approvals, and will meet, in a timely manner, all requirements of all local, state and
federal laws and regulations which must be obtained or met before the Improvements may be
constructed.
(g) The estimated Qualifying Costs relating to the Development are at least
$1,800,000.
Section 2.2 By the EDA. The EDA makes the following representations as the basis
for the undertaking on its part herein contained:
(a) The EDA is authorized bylaw to enter into this Agreement and to carry out its
obligations hereunder.
(b) The Property is zoned for purposes which include the Development as
proposed.
(c) The EDA has duly established the Redevelopment Plan pursuant to Minnesota
Statutes Sections 469.001 through 469.047 and has created TIF District No. 1 pursuant to
Minnesota Statutes Sections 469.174 through 469.179.
(d) The EDA's primary objective is to redevelop the Property and provide housing
and not to create employment opportunities.
Section 2.3 By the City. The City makes the following representations:
(a) The City Fees and City Assessments applicable to the Property and
Improvements for each Phase do not and will not exceed the amounts specified in Exhibit,. _ ..- - {Deleted: F
(b) The City is authorized by law to enter into this agreement and to carry out its
obligations hereunder.
16
45
ARTICLE III.
CONSTRUCTION OF IMPROVEMENTS; PUBLIC IMPROVEMENTS;
OTHER DEVELOPER OBLIGATIONS
Section 3.1 Construction of Improvements. The Developer expects to complete the
Development in three phases. Phase I shall contain 88 Units, Phase II shall contain 58 Units
and Phase III shall contain 84 Units. The Developer agrees that it will construct
Improvements on the Property only in accordance with the Housing Plans. Housing Plans for
the Improvements shall be subject to approval by the City.
Section 3.2 Completion of Construction. The Developer shall Substantially
Complete 90% of the Phase I Units prior to December 3 t, '(~, )()6. _(ii) Substantially Complete __
- ------
90% of the Phase II Units, prior to December 31,x.007 and (iii) Substantially. Complete 90%
of the Phase III Units prior to December 31,,;~Ot)8; provided that if the EDA is to acquire any
Property for the Phase pursuant to Section 3.6, each of the foregoing dates shall be extended
to a date which is 30 months following the date the EDA obtains title to al] parcels of
property in the Phase which is to be acquired by that method. All construction shall be in
conformity with the approved Housing Plans. Periodically during construction, but at
intervals of not less than 30 days, the Developer shall make reports in such detail as may
reasonably be requested by the EDA concerning the actual progress of construction. The
Developer may request modifications of the i'oregoinw completion deadlines or the
Rercentage of Units required to be substantially comt~lete but the F.,DA anal Ciri~ have no
obligation to a;ree to requested modifications.
Section 3.3. The Subsidy. The City has commenced construction of local
improvements under Minnesota Statutes, Chapter 429, known as Project SOOR and 759R,
consisting of road and other public improvements for Silver Bell Road and Cedar Grove
Parkway which are being constructed at a presently estimated cost of approximately $10
million, a portion of which is to be assessed against benefitted property in the TIF District as
the property is developed. Project 800R and Project 759R have been determined to be
necessary to the redevelopment of the TIF District, including the Property. In consideration
of Qualifying Costs to be paid by the Developer, the EDA shall provide subsidies to the
. ~ ~ -~ Deleted: 2005,
- {Deleted: 2006 -_-_
{Deleted: 2007
Deleted: F for each Phase and
Condemnation Expenses
Developer hereunder by payment, reimbursement or release from the amount of the City ,{ D~~; Subordinate Mortgage
Assessments and Ci Fees as shown on Exhibit for each Phase. U on the Commencement , - ~ - - -
ty ~ - -- _--- _P_ __-- ___-- {Deleted:anacity
Date of each Phase and execution and delivery of the ;DA i ettet of Credit described in ~ -
... ... ... _._ _ ....._. ... ... ,'~ '~ . Deleted: make reimbursement
Section 3.4, a the EDAShall,Leimbu_rse the Developer for any liavmt,uts rt mav_ have_medc, ,; -' - payments to
of City Assessments anal City Fees or shall pay or become obligated to the City to pa~such
City Assessments and City Fees and Lb) the Citesshall release the Property in that Phase from
the levy or collection of the City Assessments and City Fees for that Phase.
Section 3.4 ssessment Letter of Credit. U on he a __ ent or release of the Ci
---- ---------------------=---------P----~--p-~------------------------------~-------'-;
Assessments and City Fees col- each Phase pursuant to Section 3.3 iereof the Developer shall: ; ~%
deliver to the EDA,~n EUA Lettet of Credit ir~form and substance and issued by a hank -
17
:~ Deleted: Subordinate Mortgaee
..
' ~ Deleted: each
-- -- ~~~W,eW.~.
Deleted: made
. ~_ Deleted: for each Phase
Deleted: executeand~~~
.- ~ Deleted: a Subordinate Mortgage
~ Deleted: the
f~
act:e table to the EDA. The EDA Letter of Credit shall be in an initial amount eoual to the
total of the City Fees and Citv Assessments for that I?hase as set forth in Exhibit D. 1"he
F..DA i..etter of Credit may provide for reductions of thesLtated amount as L-nits are ...
determined by the Executive Director tole Substantially C om~lete ptov°ided that he stated___ _
amount_shall l)ot__be less than. the_am~~unt. of. the Phase Liquidated Damage~,al~d the ~` .,
reductions shall be in increments of not less than $50.000. Upon the issuance of a Cu-tificate -'
of Com letion br each base ul suant to Section ~ 5 hereof, the EDA shat eturn the .DA •''~., -
_ P ~ .__..F._ _ P.. _ .. _ ~.-- ,~.--_
Letter of Credit for that Phase to the Developers The. EDA may submit a raw on h,L e EDA "~:-.,
Letter of Credit in the amount nt the Phase Liquidated Damages uuon the earlier to occw of ~ '`~.~
l,i) the 20`h day prior to the: expiration date of such~DA Lc,tter of Clcdit, or Ui, the ',.
occurrence of an Event of Default hereunder.
Section 3.5 Certificate of Completion: Payment of Subsidy. Promptly after
notification by the Developer of the Substantial Completion of a Phase, the EDA shall
inspect the construction to determine whether it has been Substantially Completed in
accordance with the terms of this Agreement. In the event that the Fsecutive Director of the
EDA determines that all Units of a Phase have been Substantially Completed in accordance
with the Housing Plans and applicable regulations, the EDA shall furnish the Developer with
a Certificate of Completion for that Phase as described in Exhibit B. Such certification by the
EDA shall be a conclusive determination of satisfaction and termination of the agreements
and covenants in this Agreement with respect to the obligations of the Developer to construct
Units for that Phase.
Section 3.6 Property Acquisition. T'he Developer has acquired or will acquil•e all
pat~czls_~f.pr~ipert~~_ngedzd_f~i_.thq_complztigit_of:Phase.,L..,,,Prior to the commencement of
phase II and Phase. Ill the Developer shall Identify the parcels within the Phase it has
acquired (the "Developer's Parcels") and the additional parcels necessary to be acquired for
the Phase (the "Other Parcels"). With respect to any parcels at the time owned by the EDA
and the City. the LDA or City Wray conve)r such property to the lleveloper on such terms as
the EDA or City may agree to. T'he teens of'sale of parcels owned by the EDA or City and
a:creement as to the Other Properties to be acquired by the EDA shall be the subject of a
separate subsequent aereement. Such agreement may modify or supercede any of the
provisions of Sections d.6 to 39 hereof. With respect to the Other Parcels, the EDA may at
its option either (a) authorize all or any designated Other Parcels to be acquired by the
Dakota County Housing and Redevelopment Authority as its agent or (b) directly acquire
such other Parcels by negotiation or condemnation; provided, however, that (i) the EDA shall
have no obligation to purchase or pay for any of the Other Parcels until the Developer has
delivered the Pro~Iiy Letter of Credit to the EDA pursuant to Section 3.8 hereo ,and (ii) the
EDA shall have no obligation to exercise its powers of condemnation until the exercise
thereof is approved following a public hearing pursuant to Minnesota Statutes, Section
469.012, Subd. 1(6;;. If the EDA acquires any of the Other Parcels, the Developer shall make
_.__. .
a cash reimbursement to the EDA for the actual dtrect cost of such acquisition and all related
costs, except Condemnation Expenses, no later than the closing date of such purchase. In
lieu of the acquisition by the EDA of the Developer's Parcels and reconveyance by the EDA
t8
Deleted to secure
..~..... _ ......._._..Y..~..~.
Deleted Developer s nonrecourse
obligation
Deleted: complete
-.....~
Deleted: Phase and pay any
Deleted:.
Deleted: Substantial
_..
Deleted: of
. ..~-..n,,,r-,..
Deleted umt m that
~..~_
Deleted: ,
Deleted: az
Deleted: request
-~.
Deleted: ,execute
Deleted: Partin! Releue of the real ~i-
property
_-
Deleted: which
Deleted: Unit is located u described in
Exhibit E
{ Deleted: each
- -----
.. { Deleted 1
( Deleted: ,and (iii) the EDA shall have
no obligation to exercise its powers of
condemnation if, in the opinion of the
EDA's financial consultant, the
anticipated cost renders the Phase
financial unfeasible
~1
of the Developer's Parcels to the Developer, the Developer shall at its expense acquire good
and marketable title to the Developer's Parcels from the existing owners. Any of the Other
Parcels acquired by or on behalf of the EDA shall be conveyed to the Developer by quit
claim deed. The EDA makes no representation or warranty as to the status of title to the
Property or as to the suitability of the Property for the Developer's purposes. At the request
of the Developer the EDA shall terminate the condemnation process for any parcel and, in
that event, the Developer shall reimburse the EDA for any Condemnation Expenses and other
costs and fees for which the EDA may be responsible as a result of such termination. During
the condemnation process the EDA shall consult with the Developer on such matters as the
selection of appraisers, settlements and appeals.
Section 3.7 Demolition. Within 60 days after the acquisition of any parcel of
Property, the Developer shall commence demolition of all the buildings and other
improvements thereon and proceed to complete the demolition with due diligence. Any
demolition costs paid by the Developer or EDA with respect to the Property shall be deemed
an Acquisition and Relocation Cost hereunder.
Section 3.8 Relocation. The EDA shall pay any relocation costs required to be paid
by the EDA under Chapter 117, Minnesota Statutes, or any other law with respect to the
Other Parcels. Any relocation costs paid by or on behalf of the EDA or Developer shall be
considered an Acquisition and Relocation Cost hereunder.
Section 3.9 Properly Letter of Credit. As security for its reimbursement obligations
under Section 3.6 hereof, the Developer shall deliver to the EDA for each Phase a Property
Letter of Credit issued by ,.,ol other bank acceptable to the EDA
substantially in the form on file with the EDA. The Propel-ty Letter of Credit at all times
shall be in an amount equal to at least the actual amount of unreimbursed Acquisition and
Relocation Costs paid, incurred or reasonably estimated by the EDA to be incurred by the
EDA and City hereunder for that Phase and shall otherwise be in a form acceptable to the
EDA. Upon each reimbursement of the EDA in accordance with Section 3.6 or
demonstration that the full amount of the estimated Acquisition and Relocation costs are no
longer applicable, the amount of the Letter of Credit maybe reduced by a corresponding
amount. Upon satis.fiction ofthe jJeyeloper's reimbursement vbliaations the EDA shall
return the Property Letter of Credit to the Developer. The EDA may draw on the Property
Letter of Credit for that Phase on the earlier of (i) 20 days prior to its expiration date, or (ii)
the occurrence of an Event of Default hereunder.
Section 3.10 Assessments. Except as limited by Section 3.3 hereof, providing for tfie
~ymtent, reimbursement or release of ~tssessn~ents for_Pr~ct No. 800R and Prc~ect No.
759R, the City may assess all or any portion of the Property and other benefited properties
pursuant to Minnesota Statutes, Chapter 429, for that portion, if any, of the cost of the public
improvements which may be lawfully assessed against such property. The parties agree that
no other provision of this Agreement shall limit the right of the City to assess the Property for
their respective lawful share of the assessable costs of such public improvements. In
l9
. - { Deleted: a __ -
Deleted: issuance of the Certificate of I
Completion for each Phue J
g~
addition, the property owners shall pay the cost of usual charges for water and sewer utility
service for the Property. The City and EDA represent that there are no existing plans for
future improvements under Minnesota Statutes, Chapter 429, affecting the Property.
Section 3.11 Reimbursement of City. The released City Assessments and City Fees
represent an advance by the City to the EDA for the payment of Qualifying Costs, whether or
not such City Assessments and City Fees meet the definition of Qualifying Costs. The EDA
shall reimburse the City for the amount of such City Assessments and City Fees from the
proceeds of obligations it may issue or from future collections tax increment from the TIF
District with interest and at such times as the EDA and City shall mutually determine.
ARTICLE IV.
LIMITATION UPON ENCUMBRANCE; PROHIBITIONS
AGAINST ASSIGNMENT AND TRANSFER: SUBORDINATION
Section 4.1 Limitation Upon Encumbrance of Development. Prior to the issuance of
the Certificate of Completion for a Unit, neither the Developer nor any successor in interest
to the Pro a or an art thereof other hap the urchaser of a Unit, shall en a e in an Deleted: m~
P rtY YP ~ _ P ___....._ .._....._g..g_ _ y ... _......
financing or any other transaction creating any mortgage or other encumbrance or lien upon
that Unit, whether by express agreement or operation of law, or suffer any encumbrance or
lien to be made on or attached to the Property other than common interest communiri~
declarations and similar documents and the liens or encumbrances attached for the purposes
of obtaining funds to the extent necessary for acquiring the Property and making the
Improvements and such additional funds, if any, in an amount not to exceed the costs of
developing the project without the prior written approval of the EDA. The EDA shall not
approve any Mortgage which does not contain terms which conform to the terms of this
Article IV of this Agreement.
Section 4.2 Representation as to Development. The Developer represents and agrees
that its undertakings pursuant to the Agreement are for the purpose of implementation of the
Development and not for speculation in landholding. The Developer further recognizes that,
in view of the importance of the Development to the general welfare of the EDA and the
substantial financing and other public aids that have been made available by the EDA and the
EDA for the purpose of making the Development possible, the qualifications and identity of
the Developer are of particular concern to the EDA. The Developer further recognizes that it
is because of such qualifications and identity that the EDA is entering into this Agreement,
and, in so doing, is further willing to rely on the representations and undertakings of the
Developer for the faithful performance of all undertakings and covenants agreed by
Developer to be performed.
Section 4.3 Prohibition Against Transfer of Property and Assignment of Agreement.
For the reasons set out in Section 4.2 of this Agreement, the Developer represents and agrees
that, prior to the completion of the Improvement as certified by the EDA:
1.10
~q
(a) Except only (i) sales of completed Units, (ii) transfers to an entity effectively
controlled by the Developer which has assumed by written instrument satisfactory to the
EDA all of the Developer's obligations hereunder f iii) a transfer back_to the (7ri: inal_ { ue~eted: ~a (~~~
ne~.zlo}~er _f the Ori~inal_I~z~~eloper has assumed all,.ot the_De~ elgper s obhgaho~}5
hereunder, and (iv) transfers or encumbrances for the purpose of obtaining financing
necessary to enable the Developer or any successor in interest to the Property, or any part
thereof, to perform its obligations with respect to the Development under this Agreement,
and any other purpose authorized by this Agreement, the Developer, except as so authorized,
has not made or created, and will not make or create, or suffer to be made or created, any
total or partial sale, assignment, conveyance, or any trust or power, or transfer in any other
mode or form of or with respect to this Agreement or the Development or any part thereof or
any interest therein, or any contract or agreement to do any of the same, without the prior
written approval of the EDA; and
(b) The EDA shall be entitled to require, except as otherwise provided in this
Agreement, as conditions to any such approval under this Section 4.3 that: (i) Any proposed
transferee shall have the qualifications and financial responsibility, asdetermined by the
EDA, necessary and adequate to fulfill the obligations undertaken in this Agreement by the
Developer, or, in the event the transfer is of or relates to part of the Development, such
obligations to the extent that they relate to such part. (ii) Any proposed transferee, by
instrument in writing satisfactory to the EDA and in form recordable among the land records,
shall for itself and its successors and assigns, and specifically for the benefit of the EDA,
have expressly assumed all of the obligations of the Developer under this Agreement and
agreed to be subject to such obligations, restrictions and conditions or, in the event the
transfer is, of, or relates to part of the Development, such obligations, conditions, and
restrictions to the extent that they relate to such part; provided, that the fact that any
transferee of, or any other successor in interest whatsoever to, the Development or any part
thereof, shall, for whatever reason, not have assumed such obligations or agreed to do so,
shall not, unless and only to the extent otherwise specifically provided in this Agreement or
agreed to in writing by the EDA, relieve or except such transferee or successor from such
obligations, conditions, or restrictions, or deprive or limit the EDA of or with respect to any
rights or remedies or controls with respect to the Development or the construction of the
Improvements; it being the intent of this Section 4.3, together with other provisions of this
Agreement, that to the fullest extent permitted by law and equity and excepting only in the
manner and to the extent specifically provided otherwise in the Agreement no transfer of, or
change with respect to, ownership in the Development or any part thereof, or any interest
therein, however consummated or occurring, whether voluntary or involuntary, shall operate,
legally or practically, to deprive or limit the EDA, of any rights or remedies or controls
provided in or resulting from this Agreement with respect to the Development and the
construction of the Improvements that the EDA would have had, had there been no such
transfer or change. (iii) There shall be submitted to the EDA for review all instruments and
other legal documents involved in effecting transfers described herein, and, if approved by
the EDA, its approval shall be indicated to the Developer in writing.
111
/w
In the absence of specific written agreement by the EDA to the contrary, no such
transfer or approval by the EDA thereof shall be deemed to relieve the Developer from any of
its obligations with respect thereto.
Section 4.4 Approvals. Any approval required to be given by the EDA under this
Article N may be denied only in the event that the EDA reasonably determines that the
ability of the Developer to perform its obligations under this Agreement will be materially
impaired by the action for which approval is sought.
Section 4.5 Subordination and Modification for the Benefit of Mortgagees.
(a) In order to facilitate the obtaining of financing for acquisition of the Property
and the construction of the Improvements by the Developer, the EDA agrees to subordinate
its rights under this Agreement to the holder of any mortgage entered into for the purpose of
obtaining such financing.
(b) In order to facilitate the obtaining of financing for the construction of the
Improvements, the EDA agrees that it shall agree to any reasonable modification of this
Article IV or waiver of its rights hereunder to accommodate the interests of the holder of the
mortgage, provided, however, that the EDA determine, in its reasonable judgment, that any
such modification(s) will adequately protect the legitimate interests and security of the EDA
with respect to the Development.
ARTICLE V.
EVENTS OF DEFAULT
Section 5. I Events of Default Defined. The following shall be deemed Events of
Default under this Agreement and the term shall mean, whenever it is used in this
Agreement, unless the context otherwise provides, any one or more of the following events:
(a) Failure of the Developer to commence and complete construction of the
Improvements pursuant to the terms, conditions and limitations of Sections 3.1 and 3.2
hereof;
(b) Failure by the Developer to observe and substantially perform any covenant,
condition, obligation or agreement on its part to be observed or performed hereunder;
(c) If the Developer shall admit in writing its inability to pay its debts generally as
they become due, or shall file a petition in bankruptcy, or shall make an assignment for the
benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the
whole or any substantial part of the Development;
112
~til
(d) If the Developer shall file a petition under the federal bankruptcy laws; or
(e) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a
bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing,
without the consent of the Developer, a receiver of the Developer or of the whole or
substantially all of its property, or approve a petition filed against the Developer seeking
reorganization or arrangement of the Developer under the federal bankruptcy laws, and such
adjudication, order or decree shall not be vacated or set aside or stayed within 60 days from
the date of entry thereof.
Section 5.2 Remedies on Default. Whenever any Event of Default occurs, the EDA
and the City may, in addition to any other remedies or rights given the EDA and the City
under this Agreement but only after the Developer's failure to cure within 30 days of written
notice of default, take any one or more of the following actions:
(a) suspend their performance under this Agreement until they receive assurances
from the Developer, deemed reasonably adequate by the EDA and the City, that the
Developer will cure its default and continue its performance under this Agreement;
(b) terminate this Agreement;
(c) if the Event of Default is based on the failure to reimburse the EDA for
Acquisition and Relocation Costs under Section 3.6, draw on the I'roDezty Letter of Credit;
(d) if the Event of Default is based on the failure of the Developer to substantially
complete a Phase within the time prescribed for completion of the Phase under Section 3.2,
the EDA shall be entitled to receive as liquidated damages the Phase Liquidated Damages
applicable to that Phase an dz-aw upon~he J.:D4 Letter of C redit to satisfy such obli ratg ion.. Y . - -
(e) fake whatever action at_law or in eguity_may_ appear necessary_or desirable to_____
the EDA or the City to enforce performance and observance of any obligation, agreement, or ~'
covenant of the Developer under this Agreementiprovided, however, that the Uevel~er
shall have no obligation to ~aZan~lnonetary damages except as set forth. in Section 3.6 and
paragraphs (c) and (d) above.
Section 5.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to
the EDA and 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 maybe exercised from time to time and as often as may be deemed
expedient. In order to entitle the EDA, the City or the Developer to exercise any remedy
1.13
{ Deleted: ,
__
{ Deleted failure of
•1 Deleted: Developer to pay the same,
foreclose the Subordinated Mortgage J
without recourse to the Developer; or;
Deleted: except in the cue of a Giltue
to pay Phase Liquidated Damages, for
which the sole remedy is foreclosure of
the Subordinate Mortgage,
I~
reserved to it, it shall not be necessary to give notice, other than such notice as may be
required in this Article V.
Section 5.4 No Additional Waiver Implied by One Waiver. In the event any
agreement contained in this Agreement should be breached by any party and thereafter
waived by another 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.
ARTICLE VI.
ADDITIONAL PROVISIONS
Section 6.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA
or City officer who is authorized to take part in any manner in making this Agreement in his
or her official capacity shall voluntarily have a personal financial interest in this Agreement
or benefit financially therefrom. No member, official, or employee of the EDA or City shall
be personally liable to the Developer, or any successor in interest, in the event of any default
or breach by the EDA or City or for any amount which may become due to the Developer or
successor or on any obligations under the terms of this Agreement.
Section 6.2 Non-Discrimination. The provisions of Minnesota Statutes, Section
181.59, which relate to civil rights and non-discrimination, shall be considered a part of this
Agreement and binding on the Developer as though fully set forth herein.
Section 6.3 Notice of Status and Conformance. At such time as all of the provisions
of this Agreement have been fully performed by the Developer, the EDA upon not less than
ten days prior written notice by Developer, agrees to execute, acknowledge and deliver to
Developer or to any person designated by Developer a statement in writing in recordable
form certifying the extent to which this Agreement has been fully performed and the
obligations hereunder fully satisfied.
Section 6.4 Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid,
return receipt requested or delivered personally:
(a) As to the EDA:
Executive Director
Eagan Econonvo-Development Authority
3830 Pilot Knob Road
Eagan, MN 55122
114
/ ~~
(b) As to the City:
City Administrator
3830 Pilot Knob Road
Eagan, MN 55122
,(mac As to the Developer:
U.S. Home Corporation
935 Wayzata .Boulevard
Wayzata, >\1N 55391
Attention: 1~'illiam Pritchard
E______________ __________________________
an d
'\1esscrli & Kramer
1.800 Fifth Street "Powers
iS0 South Fifth Street
:!~4inneapolis. IvtN 15402
Attention: Bretl Perrv
or at such other address with respect to any party as that party may, from time to time,
designate in writing and forward to the others as provided in this Section 6.4.
Section 6.5 Counterparts. This Agreement may be simultaneously executed in any
number of counterparts, all of which shall constitute one and the same instrument.
{Deleted:------Page Break------
Section 6.G Status of Oli~inal Development A~Treement. This Agreement supersedes
the Original Development Agreement, the Original Development Agreement shall he of no
ti~rfher force and effect and the Original Developer has no fua-ther rights or obli ate ions
thereunder.
[The balance of this ~~~e intentionally left blank
1.15
/o~}
IN WITNESS WHEREOF, the EDA has caused this Agreement to be duly executed
in their names and behalf and the Developer has caused this Agreement to be duly executed
as of the day and year first above written.
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
By
President
And By
Executive Director
l?.S. HOME CORPORATION
Its
CITY OF EAGAN
By
Mayor
And By _
City Clerk
DELTA DEVELOPi\IENT [NC.
lts President
1.16
- ~ ~~ Deleted: President
. -- { Deleted: DELTA DEVELOPMENT,
~~
its
/D(~
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of
by and the President and Executive Director
of the Eagan Economic Development Authority, a municipal corporation under the laws of
the State of Minnesota, on behalf of the Economic Development Authority.
Notary Public
118
1 ~~
STATE OF MINNESOTA )
ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
by ,the of L.S. HOME .-- Deleted: P.e~iaentofDELTA
---- --~- ------~ DEVFI.OPMENT,AIC
C(.)RPOR.:ATION, a ela~~are corporation, on behalf of said corporation
_.
7 Minnewta
Notary Public
1.19
STATE OF MINNESOTA )
ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of ,
by and the Mayor and City Clerk of the City
of Eagan, a municipal corporation under the laws of the State of Minnesota.
Notary Public
120
r~
S"i'_~'I~IOI= MINNESO'1•,!~ }
COi. N'1'l' OF }
The foreaoin~ instrument was acknowledged before me this day of
by the of DCI,TA
DEVELOPMENT, 1NC. a ~4innesota corporation, an behalf of said corpporation.
Notary Public
M 1+!-~'.'^'a'.°° ~ _ _ _ . ~ { D21CtCd: 794888.06
121
10
EXHIBIT A
DESCRIPTION OF PROPERTY
A-I
EXHIBIT B
CERTIFICATE OF COMPLETION
The undersigned hereby certifies that C`.S. I-iolne Corporation has fully and__
completely complied with its obligations for Phase _ under Article III of that document
entitled ".Amended and Restated Development Agreement," dated September _ 2003
-----------
between the Eagan Economic Development Authority, the City of Eagan and U 5 Home
_ _.
Corporation with respect to construction of the Improvements in accordance with the
approved construction plans and is released and forever discharged from his obligations to
construct under such above-referenced Article.
DATED:
ECONOMIC DEVELOPMENT AUTHORITY
By:
Its Executive Director
B-1
{ Deleted: Delta Development, Inc.
_..........._...._.__ .................. ......_._........._....._-1
.~ Deleted:
_.......
Deleted: Delta Development, Inc
i -a,
EXHIBIT C
Housing Plan Documents
The Housing Plans consist of
C-1
113
EXHIBIT D Deleted: SUBORDINATED
MORTGAGE AGREEMENT
1 Deleted: MORTGAGE REGISTRY
TAX DUE HEREON: S
' Deleted:. THIS MORTGAGE
AGREEMENT (this "Mortgage") is
,' made this _ day of
2lxl~ between Delta Development, Inc.,
a corporation under the laws of
Minnesota ("Mortgagor"), and Eagan
Economic Development Authority, a
_...... ... _ _ _ .... _ . _ .. _ _._. __ _ _....... _ public body corporate and politic under
..... ,
the laws of Minaesota"(Mortgagee').
Deleted: RECITALS
Deleted: A. Mortgagor and
- ~ .' ~ Mortgagee have entered into a
.--..----------------------------_--__-_ ._-- ---------- -----------,------- !~ :~ Developmrnt Agreemrnt dated as of
(the "Development
;~ ~ Agrcement") for the developmrnt of
__._.__ .. .......... ............. _......: certain property,includingtheproperty
described in F~chibit A.
' Deleted: B. Mortgagee has required
.. - _ . ............. . . .. . ... ......... . _ - - ..... _ .... . - .. - ...... _. .. ..... ." that this Mortgage be given to secure the
obligations of the Mortgagor with respect
[o Phase under the Development
-----~-- ------------~-- Agreement and thepaymrntofPhase
Liquidated Damages, as defined i~ it
. . . . ....... .............. _ . - ~' -~ Deleted' AGREEMENT
Deleted: .Now therefore, for valuable
. ,-' consideration, the receipt of which is
---------------------------------~---------------- hereby acknowledged. Mortgagor
---- -- ... f21
`Deleted: L . Grant of Morteaee.
•---------------------------_.-------------------------------------------------------------------------------------.'~ Mortgagorherehymortgagesto
Mortgagee all of Mortgagor's rig 3
.. ~ ~ Deleted: 2.. Ter n. This Mo age
..---------------------~-- .. rtg
-------------~-------------~-----~~~-~---" shallhaveamaturitydateof,andterm
- -- - ending on , _.
Deleted' 3
_ _._.. __.... __...-_ ...... ......._ ... _......_ -.-.- Mort¢aeorCovenant.
Mortgagor covenants with Mortgagce
that, except as provided in Sectio 4
...
.... . .. ..... ... . ................. . . . . . .. ...._.. Deleted: 4. Morteanee Remedies. In
case Mortgage does not receive the
~ amounts due to i[ described in S
... 5
_ _.... _-... _... -.... .._. _ __. -- D leted
{ e : 5. Nonrecourse Oblieation.
Notwithstanding any provision
- _. _. apparently to the contrary wntain
... 6
1 Deleted: 6.. Bindin¢ Effect. 7Le
1 terms of this Mortgage shall run with the
_....
~~ ~ - _ ~- ~~ ~~ ~ ~~ ~~ " Properly and bm t e partres her ~
...
i DeltU:ed: 7. Morteaee is
.... .. ........... ........._ .... ............ ................. .... _.. ....-....... II` Subordinate. Mortgagee agrees that this
Mortgage is and shall at all times ~lgl
Deleted: B.. Business Subsidy Aet.
The Mortgagee has determined and the
Mortgagor has agreed that the loa
Deleted: ------Page Break------
. IN WITNESS WHEREOF, the parties
hereto have caused this Mortt:ag
D-1
u~I
~ _.. .... .. ... .-.-. ~ Deleted: DELTA DEVELOPMENT,
INC., .
a Minnesota corporation
.... .... - ~ { DeJt:ted: By:..... .
Dented: Its: President
...- ~ Deleted: STATE OF MWNESOTA .) J
.......... .. _... _ .... _. .. .. ... ........ .. ...... .. ~ ~ .. ... _.. ... -.__.......w,,,,..._,,,._~
... j Deleted: ) ss. J
_ _ _ __..
_-
___
- - ~ t Deleted: COUNTY OF DAKOTA .. )
Deleted:.. The foregoing instrument
was acknowledged before me this
day of _, by
the
of Delta Development,
Inc., a Minnesota corporation, on behalf
of said corporation.
. _......__.,~,~ ........................._...~.._~~l
Deleted: Notary Public
t Deleted:
,. .
Deleted: ------Page Break------ i
1 Deleted:.. EAGAN ECONOMIC
DEVELOPMENT.. _.
AUTHORITY l
{ Deleted: By:
Deleted: Ifs: Executive Director
._ _ ...... _ _ .. ........... ... . _ .. ... . - ~ - { Deleted: STATE OF MINNESOTA .)
_. __.
- ... ~,~~,.,...W
. ... Deleted:.) ss.
• _ _ ........... . - " ~ I ~Ieted: COIRJi'Y OF DAKOTA ) .
D-2
ors
............_ ... ... ......... . ...... . - ~ ~ Deleted: Phone: (612) 761x7000
_ . - ~ { DCICted: [SIGNATURE PAGE TO 1
MORTGAGE AGREEMENT]
.__ Deleted: Page Break
EXFIIBIT A
~ .-- 1 DelEfed: Legal Description of the
..- I
......... Property
. ~ Deleted: EXHIBIT E
'----__ -
................................._..------ ____............._._......._._........1
,I Deleted: PARTIAL RELEASE OF
MORTGAGE
__ .. _.-
Deleted: (By Municipal Corporation)
Deleted: Based on Minnesota Uniform
,' ; ~ I Conveyancing Blanks (Rev. 10-3-86) l
,~ Deleted: Date: -- - - -
D-3
_ ___ .... _. .. Deleted: Name. ~~
- --------- - -- - ------------- ~- I Deleted: Its. Executive
--- - --------- --- - - ----- ----------' ' I Director. .
I~~
Deleted:. FOR VALUABLE
CONSIDERATION, the real property in
Dakota County, Minnesota, legally
r described u follows: 1
.I Deleted: .See Exhibit A attached I
hereto 11
Deleted: is hereby released Gom the
lien of the Mortgage, owned by the
undersigned, dated _,
executed by Delta Development, Inc., a
Minnesota corporation, as Mortgagor, to
Eagan Economic Development Authority,
apolitical subdivision of the Slate of
Minnesota, as Mortgagce, and filed for
rewrd _, u
Documwt Number , in the
Office of the County Rewrdtt of Dakota
County, Minnesota.
Deleted: EAGAN ECONOMIC
DEVELOPMENT AUTHORTI'Y
Deleted: By ........ .
is _ --
..
_.
City Fees
Trunk Utility
Parks
Trails
Water Quality
Total
:Number ol'Units
City Assessments ;Ind
City Fees per l!nit
0 50,522 0 50,522
123,728 84,321 126,272 334,321
16,104 11,559 18,32 45,983
0 0 0 0
$609,511 $380,015 $507,286 $1,496,812
88 66 76 X30
$b,9?6 : ~ "t~8 $6.(175
D-4
Deleted: ------Page Break------
( STATE OF MINNESOTA )
l Deleted:. ) ss.
{Deleted: COUNTY OF DAKOTA . )
Deleted: The foregoing instrument was
acknowledged before me this
day of _, by
the Executive
Director of the Eagan Economic
Development Authority, a political
subdivision and municipal corporation
under the laws of Minnesota, on behalf of
the coryoration. '''111
Deleted: THIS INSTRUMENT WAS
DRAFTED BY (NAME AND
ADDRESS)
Deleted: l
l Deleted: SIGNATURE OF PERSON )
', TAKIIJGACKNOWIEDGMENT
Deleted• FAEGRE & BENSON LLP
(SCR) ~~
t Deleted: 2200 Wells Fargo Center
l .. .......................... _ .._....... ...
Deleted: NOTARIAL STAMP OR~
SEAL (OR OTHER TTTLE OR RANK)
,r Deleted: 90 South Seventh SUeet-~r)
Deleted: Mimreapolis, MN 55402• I
3901
;~ Deleted: Phone: 612-766-7000
...
l Deleted: EXHIHIT F
117
MI' p22;~;.n3
]025793.01
D-5
__.. ___...__..._._ D212tCdC794868.06
/19
Page 1: [i] Deleted Information Services 9/3/2003 2:25 PM
B. Mortgagee has required that this Mortgage be given to secure the obligations of
the Mortgagor with respect to Phase 'under the Development Agreement and the
payment of Phase Liquidated Damages, as defined in the Development Agreement,
in the maximum amount of $ , subject to reduction as provided in the
Development Agreement.
Page is [2] Deleted Information Services 9/3/2003 2:25 PM
Now therefore, for valuable consideration, the receipt of which is hereby
aclmowledged, Mortgagor agrees as follows:
Page is [3] Deleted Information Services 9/3/2003 2:25 PM
1. Grant of Mortgage. Mortgagor hereby mortgages to Mortgagee all of
Mortgagor's right, title and interest in and to the land legally described on Exhibit A
attached hereto, together with all improvements now or hereafter constructed thereon and
all hereditaments and appurtenances belonging thereto (the "Property"), to have and to
hold the same, unto Mortgagee, forever. Mortgagor represents to Mortgagee that
Mortgagor has good right to convey the Property as set forth in this Mortgage.
Page 1: [4] Deleted Information Services 9/3/2003 2:25 PM
3. Mortgagor Covenant. Mortgagor covenants with Mortgagee that, except as
provided in Sections 7 and 8 below, Mortgagee may enforce this Mortgage against the
Property if Mortgagee does not receive the amounts, as may become due to Mortgagee as
Phase Liquidated Damages under the Development Agreement in the maximum amount of
Page is [5] Deleted Information Services 9/3/2003 2:25 PM
4. Mortgagee Remedies. In case Mortgagee does not receive the amounts due to it
described in Section 3 hereof, Mortgagor (a) confers upon the Mortgagee the option of
declaring all such amounts to be immediately due and payable upon ten (10) days' written
notice, and (b) authorizes and empowers Mortgagee, if such amounts are not paid within
such ten (10) day period, to foreclose this Mortgage by judicial proceedings or to sell the
Property at public auction and convey the same to the purchaser in fee simple in
accordance with the statute, and out of the moneys arising from such sale to retain all
sums secured hereby, with interest, and all legal costs and charges of such foreclosure and
the maximum attorney's fees permitted by law.
Page 1: [6] Deleted Information Services 9/3/2003 2:25 PM
S. Nonrecourse Obligation. Notwithstanding any provision apparently to the
contrary contained in this Mortgage, (a) there shall be absolutely no personal liability on
the part of Mortgagor (or any of its respective officers, directors, members, employees or
~~,._~_~ r___.._~___~ _r..~__ _____....~.... a.r,...~~..~.._ .._a__.~._ w.r_~~,.__ __a iL~ ~,r_~~.,~__
114
7. Mortgage is Subordinate. Mortgagee agrees that this Mortgage is and shall at all
times be and remain subject and subordinate to each and every past, present and future
mortgage lien on the Property which is permitted by the Development Agreement with the
same effect as if this Mortgage was executed, delivered and recorded after each such
mortgage. Mortgagee agrees upon request to execute such further documents and
instruments as may reasonably be requested by the holder of any mortgage lien to confirm
such subordination.
Page is [9] Deleted Information Services 9/3/2003 2:25 PM
8. Business Subsidy Act. The Mortgagee has determined and the Mortgagor has
agreed that the loan secured by this Mortgage is not a "business subsidy" under Minn.
Stat. Section 116J.993, subd. 3 (4).
Page 1: [10] Deleted Information Services 9/3/2003 2:25 PM
---------------------------------------------------Page Break----------------------------------------------------
IN WITNESS WHEREOF, the parties hereto have caused this Mortgage to be
signed on their behalf by authorized representatives as of the date first above written.
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