HomeMy WebLinkAbout2013 11-12 EDAPEDA MEETING
City of Brooklyn Center
TUESDAY, November 12, 2013 AGENDA
1.Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2.Roll Call
3.Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. October 28, 2013 — Regular Session
4.Commission Consideration Items
a.Resolution Approving a Modification to the Redevelopment Plan for Housing
Development and Redevelopment Project No. 1 and a Modification of Tax
Increment Financing District No. 3, and Adopting a Modified Tax Increment
Financing Plan Therefor
Requested Commission Action:
—Motion to adopt resolution.
b.Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood
Improvements and Redevelopment Opportunities within the Brooklyn Boulevard
Corridor (6121 Brooklyn Boulevard)
Requested Commission Action:
—Motion to adopt resolution.
c. Requested Commission Action:
—Under the exceptions to the Open Meeting Law, the Economic Development
Authority may elect to adjourn to closed Executive Session regarding the
purchase of real property located at 6031 Brooklyn Boulevard, 6245 Brooklyn
Boulevard, and Lot 1, Block 1, Brookdale Square 2nd Addition [Minn. Stat. §
13D.05, subd. 3 (c)].
—Announce that the EDA will adjourn from Executive Session and will reconvene
following the Executive Session
1. Proposal by Rockwell Investment Co. to Sell 6031 Brooklyn Boulevard to
the EDA
EDA AGENDA -2- TUESDAY, November 12, 2013
2.Proposal by Brooklyn Center Service Inc. to Sell 6245 Brooklyn
Boulevard to the EDA
3.Final Negotiations of a Purchase Agreement to Purchase Real Property
Located at Lot 1, Block 1, Brookdale Square 2nd Addition, the 23.2 Acre
Brookdale Square Commercial Center (Redevelopment within the
Opportunity Site)
—Resolution Authorizing the Acquisition of Lot 1, Block 1,
Brookdale Square 2nd Addition to Facilitate Redevelopment
Opportunities within the Opportunity Site (Brookdale Square
Shopping Center)
Requested Commission Action:
—Motion to adopt resolution.
5. Adjournment
EDA Agenda Item No. 3a
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
OCTOBER 28, 2013
CITY HALL — COUNCIL CHAMBERS
1.CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 8:25 p.m.
2.ROLL CALL
President Tim Willson and Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin
Myszkowski, and Dan Ryan. Also present were Executive Director Curt Boganey, Director of
Business and Development Gary Eitel, Assistant City Manager/Director of Building and
Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Mary Mullen,
TimeSaver Off Site Secretarial, Inc.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded approval of the
Agenda and Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1.August 26, 2013 — Regular Session
2.August 26, 2013 — Executive Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2013-11 AUTHORIZING THE ACQUISITION OF
PROPERTY TO FACILITATE NEIGHBORHOOD IMPROVEMENTS AND
REDEVELOPMENT OPPORTUNITIES WITHIN THE BROOKLYN
BOULEVARD CORRIDOR (6927 BROOKLYN BOULEVARD)
Executive Director Curt Boganey introduced the item.
Director of Business and Development Gary Eitel reviewed the proposed acquisition, discussed
the history, and stated the purpose of the proposed resolution. He added the voluntary
10/28/13 -1- DRAFT
acquisition of this property is consistent with the Brooklyn Boulevard Corridor Studies and the
City's Comprehensive Plan. He noted the cost of the acquisition, removal of structures, and lot
restoration are proposed to be funded by the TIF 3 Housing Fund, for a total of $113,150.
Mr. Eitel stated the proposed resolution identifies challenges associated with this property,
including the importance of balancing the integrity of the adjacent neighborhood through
residential or economic development. He added the closing is scheduled for November 2013.
Commissioner Myszkowski moved and Commissioner Ryan seconded adoption of
RESOLUTION NO. 2013-11 Authorizing the Acquisition of Property to Facilitate
Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard
Corridor (6927 Brooklyn Boulevard).
Motion passed unanimously.
4b. RESOLUTION NO. 2013-12 AUTHORIZING THE ACQUISITION OF
PROPERTY TO FACILITATE NEIGHBORHOOD IMPROVEMENTS AND
REDEVELOPMENT OPPORTUNITIES WITHIN THE BROOKLYN
BOULEVARD CORRIDOR (6107 BROOKLYN BOULEVARD)
Mr. Boganey introduced the item.
Mr. Eitel reviewed the proposed acquisition, discussed the history, and stated the purpose of the
proposed resolution. He added the voluntary acquisition of this property is consistent with the
Brooklyn Boulevard Corridor Studies and the City's Comprehensive Plan. He stressed that
acquisition of properties along Brooklyn Boulevard is consistent with the community objectives
identified in the 2030 Comprehensive Plan.
Mr. Eitel stated the property's owner is willing to enter into a Bargain Sales Agreement, which
would allow the City to purchase the property at the reduced price of $150,000, and the owner
would accept the balance of the assessed value as a charitable contribution. He added this
balance would be considered a donation to the EDA.
President Willson stated he is pleased that Luther Company is willing to enter into the proposed
agreement, which will allow the EDA to take positive steps toward the redevelopment of the
City.
Mr. Boganey suggested the EDA consider, as part of the motion, a letter of thanks on behalf of
the City to Luther Company for this substantial donation. Mr. Willson instructed staff to draft a
letter for signature by the EDA.
Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adoption of
RESOLUTION NO. 2013-12 Authorizing the Acquisition of Property to Facilitate
Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard
Corridor (6107 Brooklyn Boulevard), and instructing Staff to draft a letter of thanks to Luther
Company LTD.
10/28/13 -2- DRAFT
Motion passed unanimously.
4c.RESOLUTION NO. 2013-13 AUTHORIZING THE CITY OF BROOKLYN
CENTER'S ECONOMIC DEVELOPMENT AUTHORITY TO SUPPORT, APPLY
FOR, AND ENTER INTO A MINNESOTA DEPARTMENT OF EMPLOYMENT
AND ECONOMIC DEVELOPMENT'S MINNESOTA INVESTMENT FUND
APPLICATION ON BEHALF OF SIGN ZONE INC./PALMER LAKE BC, LLC
FOR THE BENEFIT OF THE PALMER LAKE PLAZA FACILITIES AND
PROPERTY, LOCATED AT 6850 SHINGLE CREEK PARKWAY, BROOKLYN
CENTER, MINNESOTA
Mr. Boganey introduced the item.
Mr. Eitel explained the purpose of the proposed resolution to allow the EDA to apply for funding
on behalf of the applicant, Sign Zone, Inc., through the Minnesota Department of Employment's
Investment Fund, which provides funding opportunities for economic development.
George Frost, Vice President and CFO of Sign Zone, Inc., reviewed his company's history and
current business as a manufacturer and reseller of visual communication products, with two
facilities in the metro area. He stated Sign Zone hopes to relocate their headquarters base to the
Palmer Lake Plaza facility, which will include interior as well as exterior modifications.
Commissioner Ryan stated this application does not represent a financial obligation to the City as
the deed will go directly from the State to Sign Zone, but the potential economic value of this
development to the City makes it especially beneficial.
Commissioner Kleven moved and Commissioner Lawrence-Anderson seconded adoption of
RESOLUTION NO. 2013-13 Authorizing the City of Brooklyn Center's Economic
Development Authority to Support, Apply for, and Enter into a Minnesota Department of
Employment and Economic Development's Minnesota Investment Fund Application on Behalf
of Sign Zone Inc./Palmer Lake BC, LLC for the Benefit of the Palmer Lake Plaza Facilities and
Property, Located at 6850 Shingle Creek Parkway, Brooklyn Center, Minnesota.
Motion passed unanimously.
4d.RESOLUTION NO. 2013-14 AUTHORIZING THE USE OF TAX INCREMENT
DISTRICT 3 HOUSING FUNDS FOR SITE IMPROVEMENTS RELATING TO
THE LAKE POINTE PARKING LOT IMPROVEMENTS.
Mr. Eitel reviewed the Lake Pointe project including the potential investment requested by the
applicant. He added the funding would facilitate parking lot improvements, as well as 2,200
linear feet of potential trail, which has also been identified as an alternative route within the
Twin Lakes Regional Trail system. He added the Lake Pointe property was acquired by Jim
Soderberg in 2013, and the property is in the final stages of renovation in all units.
10/28/13 -3- DRAFT
Mr. Eitel stated the applicant has put significant investment into site infrastructure and has
committed to dedicate a 30-foot wide trail easement that will add character to the site. The
applicant is currently over budget and is requesting EDA funding assistance for the trail portion
of the project. He added approval of the application would authorize expenditure provided the
project meets the criteria for housing-affordable funds.
Commissioner Lawrence-Anderson requested clarification regarding Mr. Soderberg's total
investment in this project. Mr. Eitel stated the original budget was $18,000 per unit. Mr.
Boganey stated the project total cost estimate is $6.5 million, including acquisition.
Commissioner Lawrence-Anderson stated she supports the request as the applicant has invested a
significant amount of money in the community through other projects, and the requested funding
will help him beautify his project.
Commissioner Myszkowski agreed, adding the proposed trail will be a benefit to the whole
community.
President Willson stated the applicant's projects in the City have made it more desirable for
redevelopment. He commended Mr. Soderberg for his willingness to work with City staff in the
past and expressed his appreciation of the current proposed project.
Commissioner Myszkowski moved and Commissioner Kleven seconded adoption of
RESOLUTION NO. 2013-14 Authorizing the Use of Tax Increment District 3 Housing Funds
for Site Improvements Relating to the Lake Pointe Parking Lot Improvements.
Motion passed unanimously.
5. ADJOURNMENT
Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adjournment of
the Economic Development Authority meeting at 9:06 p.m.
Motion passed unanimously.
10/28/13 -4- DRAFT
EDA Agenda Item No. 4a
A DA ITEM MEMORANDUM
DATE: November 12, 2013
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Resolution Approving A Modification to the Redevelopment Plan for Housing
Development and Redevelopment Project No. 1 and A Modification of Tax
Increment Financing District No. 3, and Adopting a Modified Tax Increment
Financing Plan Therefor
Recommendation:
It is recommended that the Economic Development Authority consider approval/adoption of the
Resolution Approving A Modification to the Redevelopment Plan for Housing Development and
Redevelopment Project No. 1 and A Modification of Tax Increment Financing District No. 3,
and Adopting a Modified Tax Increment Financing Plan Therefor.
Background Information:
On September 23, 2013, the City Council adopted Resolution No 2013-115, A Resolution.
Calling for a Public Hearing on a Modification to the Redevelopment Plan for Housing
Development and Redevelopment Project No. 1, Modification of Tax Increment Financing
District No. 3, and the Adoption of a Modification to Tax Increment Financing Plan.
On October 28, 2013, the City Council/EDA's work session included a presentation by Tom
Denaway, Analyst within the Management Consulting Services of Springsted Incorporated, the
City's Financial Consultant on their analysis on this amendment to the Tax Increment District
No. 3 Plan and the proposed sales of a Tax Increment Revenue Bonds to fund the EDA's
acquisitions of properties within the Opportunity Site and Brooklyn Boulevard Corridor.
The required advance notices to our County Commissioner, the County Board, and each of the
four School Districts have been completed and a notice of the November 12 th public hearing was
published in the City's Official newspaper.
Tom Denaway will be present to make the formal presentation of the proposed Tax Increment
Plan Amendment at the City Council's public hearing and will be present to respond to any
additional questions by the EDA.
Jenny Boulton, the City Attorney advising on Tax Increment and Bond related matters, has
prepared the attached Resolution for the EDA's consideration to formally adopt the proposed
plan modifications.
Attached is a copy of the proposed Tax Increment Plan Amendment and for your reference
copies of the staff memorandum which accompanied the Resolution calling for the public
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
EDA ITEM MEMO NDUM
hearing and the October 28th staff memorandum that accompanied the Council Work Session
Item presentation by Springsted.
Budget Issues:
The budget issues related to the proposed modifications to Tax Increment Finance District No. 3
include the following:
- The Housing Account is expanded from $5,000,000 to $10,425,000 to reflect 15% of
the tax increment revenue projected to be received through the remaining years of the
District (2021).
A Pooling Account is established to enable the EDA's use of additional tax increment
revenue generated through the remaining years of the District (2021) to fund a
$4,200,000 bond issue to acquire two key parcels for future redevelopment and the
potential of an additional $7,000,000 in future EDA approved projects and
acquisitions.
The FDA's bonding authority is expanded from $29,000,000 to $45,000,000.
Section III.M of the Tax Increment Finance Plan Amendment identifies the estimated impacts of
the plan modifications on other taxing jurisdictions during the remaining term of the District.
The exhibit on Page 7 identifies a hypothetical tax rate effect on the City of Brooklyn Center of
+1.953% as a result of Tax Increment District 3.
Strategic Priorities:
a Focused Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive conununh), that enlumces the quail°, of life
for all people and preserves the public trust
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING A MODIFICATION TO THE REDEVELOPMENT
PLAN FOR HOUSING DEVELOPMENT AND REDEVELOPMENT PROJECT
NO. 1 AND A MODIFICATION OF TAX INCREMENT FINANCING DISTRICT
NO. 3, AND ADOPTING A MODIFIED TAX INCREMENT FINANCING PLAN
THEREFOR.
WHEREAS, the Brooklyn Center Economic Development Authority (the "EDA") has
heretofore established the Housing Development and Redevelopment Project No. 1 (the "Project
Area") and has adopted a redevelopment plan therefor (the "Redevelopment Plan") pursuant to
Minnesota Statutes, Sections 469.001 to 469.047, as amended, and established therein Tax Increment
Financing District No. 3, created as a redevelopment tax increment financing district under
Minnesota Statutes, Section 469.174, Subdivision 10 (the "TIF District"); and
WHEREAS, in connection with amending the budget for the TIF District and
acquiring certain land for redevelopment, the EDA has asked the City Council (the "Council") of the
City of Brooklyn Center, Minnesota (the "City") to approve the Modification to Redevelopment Plan
Housing Development and Redevelopment Project No. 1 (the "Redevelopment Plan Modification")
and the Modification No. 4 to Tax Increment Financing Plan (A Redevelopment District) (Earle
Brown Farm Project), dated November 12, 2013, and presented for the Council's consideration (the
"TIF Plan Modification") for the TIF District, all pursuant to and in accordance with Minnesota
Statutes, Section 469.174 through 469.1794 (the "Tax Increment Act"); and
WHEREAS, the EDA and the City have performed all actions required by law to be
performed prior to the Redevelopment Plan Modification and the adoption and approval of the TIF
Plan Modification, including, but not limited to, notification of the Hennepin County Commissioner
representing the area of the County in which the TIF District is located, and delivering a copy of the
TIF Plan Modification to Hennepin County and Independent School District Districts Nos. 286
(Brooklyn Center), 281 (Robbinsdale), 011 (Anoka-Hennepin), 279 (Osseo), which have taxing
jurisdiction over the properties included in the TIF District. The EDA has requested that the City
approve the Redevelopment Plan Modification and the TIF Plan Modification following the holding
of a public hearing upon published and mailed notice as required by law; and
WHEREAS, the EDA has investigated the facts relating to the Redevelopment Plan
Modification and the TIF Plan Modification; and
WHEREAS, on the date hereof the Council approved the Redevelopment Plan
Modification and the TIF Plan Modification following a public hearing as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority
in and for the City of Brooklyn Center
1.The EDA hereby finds that Redevelopment Plan Modification and the TIF Plan
Modification are in the public interest and that adoption of the proposed
Redevelopment Plan Modification and the TIF Plan Modification conform in all
respects to the requirements of the TIF Act and will help fulfill a need to redevelop
an area of the City which is already built up, and that the adoption of the proposed
Redevelopment Plan Modification and the TIF Plan Modification will help in the
preservation and enhancement of the tax base of the City and the State and promote
the construction of high quality commercial facilities and decent, safe and sanitary
housing for seniors and other persons and families of low and moderate income, and
thereby serves a public purpose.
2.The EDA further finds that the Redevelopment Plan Modification and the TIF Plan
Modification will afford maximum opportunity, consistent with the sound needs for
the City as a whole, for the development or redevelopment of the Project Area by
private enterprise in that the intent is to provide only that public assistance necessary
to make the private developments financially feasible.
3.The boundaries of the Project Area are not being expanded.
4.The reasons and facts supporting the findings in this resolution are described in the
Redevelopment Plan, as modified, and in the TIF Plan, as modified (collectively, the
"Plans").
5.The Redevelopment Plan Modification and the TIF Plan Modification, as presented
to the EDA on this date, are hereby approved and adopted and shall be placed on file
in the office of the City Clerk.
6.The EDA's staff, advisors and legal counsel are authorized and directed to proceed
with the implementation of the Plans.
7.The Business and Development Director is authorized and directed to forward a copy
of the Redevelopment Plan Modification and the TIF Plan Modification to the
Minnesota Department of Revenue and the Office of the State Auditor pursuant to
Minnesota Statutes 469.175, Subd. 4a.
8.The Business and Development Director is authorized and directed to forward a copy
of the Redevelopment Plan Modification and the TIF Plan Modification to the
Hennepin County Auditor.
9. The Board hereby approves a policy on interfund loans or advances ("Loans") for the
TIF District, as follows:
(a) The authorized tax increment eligible costs (including without limitation out-
of-pocket administrative expenses) payable from the District, as the TIF Plan
is originally adopted or may be amended, may need to be financed on a short-
term and/or long-term basis via one or more Loans, as may be determined by
the City Finance Director or the Business and Development Director from
time to time.
(b)The Loans may be advanced if and as needed from available monies in the
City's or the EDA's general fund or other City or EDA fund designated by
the City Finance Director or the Business and Development Director.
(c)Neither the maximum principal amount of any one Loan nor the aggregate
principal amount of all Loans may exceed the Plan budget for the TIF
District.
(d)The maximum term of any Loan shall not exceed the lesser of the statutory
duration limit of the TIF District or such earlier date as the City Finance
Director or the Business and Development Director may specify in writing.
All Loans may be prepaid, in whole or in part, whether from tax increment
revenue, TIF bond proceeds or other eligible sources.
(e)The outstanding and unpaid principal amount of each Loan shall bear interest
at the rate prescribed by the statute (Minnesota Statutes, Section 469.178,
Subdivision 7), which is the greater of the rates specified under Section
270.75 or 549.09 of the Statutes at the time a Loan, or any part of it, is first
made, subject to the right of the City Finance Director or the Business and
Development Director to specify a lower rate (but not less than the City's or
the EDA's then-current average investment return for similar amount and
term).
November 12, 2013
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
And
IModification No 4 to Tax Increment Einncing Plar(pr
Tax Increment FinanCli,i''Iiistrict Noq
Brooklyn Center Economic Development
Authority, Minnesota
Modification to Redevelopment Plan for:';'
Housing Development and Redevel ','prpnt Project No 1
Within Housing: eVelopmeni k 6d Red, .e
(A Redevelopment District)
dopment Project No. 1
, ,41::,1(EarleeI3r;P rait, rpiec )1
II4'
I I 11 4I i;9 .0 ffipt* ,,iDated:, October 10;12013 (Draft)
,4111:1, IPA).Modification ScheduledApprovah, November 12, 2013Igth
, IP
. glIt .,,,P
Original Plan adopted December 19, 1994
Modification No."0:ali doptediA I 2
Modification No. 2 adopted April 289 : 1919 99 77
Modification No. 3 adopted January 24, 2011
Administrative amendments were completed in 2004 and 2008
Prepared by:
SPRINGSTED INCORPORATED380 Jackson Street, Suite 300
St. Paul, MN 55101-2887(651) 223-3000WWW.SPRINGSTED,COM
Introduction
The purpose of this Modification No. 4 to the Tax Increment Financing Plan for Tax Increment Financing
District No. 3 is to make adjustments to the Estimate of Costs and Sources of Revenue. This modification
increases the overall spending of a "TIF only" budget (the original and previously modified budgets included
non-TIF revenues and assumed spending).
The sections specifically being modified are the Property to be Acquired, Estimate of Costs, Estimate of
Loan/Bonded Indebtedness, Sources of Revenue, and Estimated Impact on Other Taxing Jurisdiction. This
modification does not reflect all the legislative changes that have occpylp ild since original adoption, and may
not reflect fully the financial ramifications of all the TIF and properyWgystem changes..411
TABLE OF CONTENTS
Section Pane(s)
Section 1 Definitions 1
Section II Modification to Redevelopment Plan for Redevelopment Project 2
Section II.A Statement and Finding of Public Purpose 2
Section II.B Statutory Authorization 2
Section 11.0 Statement of Objectives 2
Section III Modification of TIF District No, 3 3
Section III.F Property to be Acquired 3
Section III.G Estimate of Costs 3
Section III.H Estimated Amount of Loan/Bonded Indebtedness 4
Section 111.1 Sources of Revenue 4
Section III.M Estimated Impact on Other Taxing Jurisdictions 4
Exhibit I: Map of Project Area and TIF District 6
Exhibit II: Estimated Impact on other Tax Jurisdictions Report 7
Brooklyn Center Economic Development Authority, Minnesota
Section I Definitions
The terms defined in this section have the meanings given herein, unless the context in which they are used indicates
a different meaning:
"Authority" means the Economic Development Authority in and for the City of Brooklyn Center.
"City" means the City of Brooklyn Center, Minnesota; also referred to as a "Municipality",
"City Council" means the City Council of the City; also referred to as the "Governing Body".
"County" means Hennepin County, Minnesota.
"EDA Act" means Minnesota Statutes, Section 469.090 to 469.108, inclusive, as amended.
"HRA Act" means Minnesota Statutes, Section 469.001 to 469.047, inclusive, as amended.
"Redevelopment Plan" means the Redevelopment Plan for the Redevelopment Project.
"Redevelopment Proiect" means Housing Development and Redevelopment Project No. 1 in the City, which is
described in the corresponding Redevelopment Plan.
"Project Area" means the geographic area of the Redevelopment Project,
"School District /ISD No, 11" means the Anoka-Hennepin School District/ISD No, 11, Minnesota,
"School District /ISD No. 279" means the Osseo School District/ISD No, 279, Minnesota.
"School District /ISD No. 281" means the Robbinsdale School District/ISD No. 281, Minnesota.
"School District /ISD No. 286" means Brooklyn Center School District/ISD No. 286, Minnesota.
"State" means the State of Minnesota.
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive.
"TIF District" means Tax Increment Financing District No. 3.
"TIF Plan Modification" means Modification No. 4 to the tax increment financing plan for the TIF District (this
document).
Springsted Page 1
Brooklyn Center Economic Development Authority, Minnesota
Section II Modification to Redevelopment Plan for Redevelopment Project
The following text represents a Modification to the Redevelopment Plan for Redevelopment Project No. 1: This
modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for
Redevelopment Project No. 1. Generally, the substantive changes include the modification of the estimated public
costs and estimated revenues sources for the TIF District.
The Estimated Public Costs is modified to include those set forth in Section III.B of the TIF Plan Modification and the
Estimated Revenue Sources is modified to include those set forth in Section III. C of the TIF Plan Modification.
For further information, a review of the Redevelopment Plan for Redevelopment Project No. 1 is recommended and is
available from the City of Brooklyn Center. Other relevant information is contained in the Tax Increment Financing
Plan for Tax Increment Financing Districts No. 1, No. 2, No. 3, No. 4, and No. 5 located within Redevelopment Project
No. I.
A map of Redevelopment Project No. 1 is shown in Exhibit I.
Section II.A Statement and Finding of Public Purpose
On April 25, 1994, the City Council and Authority expanded the geographic boundaries of the Earle Brown Farm
Redevelopment Project to include Housing Development Project No. 1 and other properties and provided additional
housing powers. The modified redevelopment project is renamed Housing Development and Redevelopment Project
No. 1.
The Authority intends to use the powers allowed under the EDA Act and HRA Act to promote development and
redevelopment through the City and to pool resources in order to reduce financial barriers to providing decent housing
and em ployment opportunities.
Section II.B Statutory Authorization
On August 24, 1987, the City Council authorized the establishment of the Brooklyn Center Economic Development
Authority (Authority). Pursuant to City Council Resolution No. 87-170, the Authority has and may exercise all of the
powers conferred by law upon a Housing and Redevelopment Authority. The Authority has been authorized by the
City to carry out all powers of and administer all projects initiated by the Brooklyn Center HRA. The Authority
established Housing Development and Redevelopment Project No. 1 pursuant to the EDA Act and the HRA Act. HRA
Act authorizes the Authority to exercise all the powers relating to a housing and redevelopment authority granted
under Minnesota Statutes, Sections 469.001 to 469.047, or other law.
Within the City areas exist where public involvement is necessary to cause redevelopment to occur. The Authority has
certain statutory powers pursuant to the TIF Act to assist in financing eligible activities related to these redevelopment
needs.
Section II.0 Statement of Objectives
The sampling of the general goals and objectives of the Redevelopment Plan are listed below:
To provide decent, safe and sanitary housing for persons of low and moderate income.
•To provide governmental assistance to eliminate slum and blight.
m To provide an ongoing benefit to the residents of the City and those who may frequent the area.
▪To enhance the tax base of the City,
SPringSted Page 2
Brooklyn Center Economic Development Authority, Minnesota
To provide maximum opportunity, consistent with the needs of the City, for development by private
enterprise.
To better utilize vacant or undeveloped land.
This modification of the estimated public costs for TIF District No. 3 will ensure a continuation of the EDA's goals and
objectives of the Project Area that result in increased opportunities for commercial development and will otherwise
benefit the health, safety, morals and welfare of the residents of the City.
Section III Modification of TIF District No. 3
Section III.F Property to be Acquired
The City or Authority may acquire any parcels, including interior streets and railway right-of-ways, within the
boundaries of Housing Development and Redevelopment Project No. 1; and may use tax increment deposited in the
housing development account to acquire any parcel located anywhere city for eligible housing activities, as provided
in the Special Act,
Section III.G Estimate of Costs
The estimate of public costs associated with District No. 3 is outlined in the following line item budget:
Estimate of Public Costs March 24, 2008
Admin. Amendment
Proposed
Budget Modification
Land Acquisition $13,000,000 $25,000,000
Public Improvements 8,000,000 4,500,000
Site Improvements 2,000,000 2,100,000
Administrative Expenses 2,900,000 4,400,000
Contingency 1,000,000 -
Housing Development Account
Land Acquisition -6,000,000
Affordable Housing Expenses 4,175,000
Interest Expense on Debt Issuance -250,000
Total Housin • Develo Iment Account 5,000,000 10,425,000
Pooling
Land Acquisition -6,775,000
Public Improvements 4,000,000
Interest Expense on Debt Issuance _-1,050,000
Total Pooling _-11,825,000
Interest Expense (Including Capitalized)-_11,250,000
Total $31,900,000 $69,500,000
Any funds to be expended for off-site improvements outside the boundaries of District No. 3, but within the boundaries
of Housing Development and Redevelopment Project No. 1, would be no more than 25 percent of total tax increment
generated by District No. 3, including administrative costs, provided that tax increment deposited in the housing
development account may be spent on eligible housing activities located anywhere in the City, as provided in the
Special Act.
Springsted Page 3
Brooklyn Center Economic Development Authority, Minnesota
The Authority reserves the right to administratively adjust the amount of any of the items listed above or to
incorporate additional eligible items, so long as the total estimated public costs is not increased.
Section III.H Estimated Amount of Loan/Bonded Indebtedness
It is anticipated that the City or Authority may issue a revenue bond, general obligation bond, or other type of
obligation in one or more series to finance public costs. The original principal amount of all indebtedness is not
expected to exceed $2970097000 $45,000,000 with additional increments to be paid to capitalized and other interest
determined at the time of issuance.
Section 111.1 Sources of Revenue
The major source of revenue to be used to finance public costs associated with the public development projects in
Housing Development and Redevelopment Project No. 1 is tax increment generated as a result of the taxation of the
land and improvements in District. No. 03. Tax increment financing refers to a funding technique that utilizes
increases in valuation and the property taxes attributable to new development to finance, or assist in the financing of
public development costs. Additional sources of revenue may include but are not limited to investment income and
land sales. This does not preclude the City, the Authority or the developer from using other funds, at its discretion, to
pay such costs.
Estimated Sources of Revenue November 8, 2004
Admin. Amendment
Proposed
Budget Modification
Tax Increment revenue $48,069,393 $65,344,375
Interest on invested funds 1,500,607 4,111,758
Sales/Lease Proceeds 2,330,000 -
Market Value Homestead Credit 43,867
Transfers In -0
Total $51,900,000 $69,500,000
Tax increment revenue projections were based on historical revenue receipts, and future revenue projections based
on an approximate growth in captured tax capacity of $486,170, and a 3% market value inflator applied to future
captured tax capacities.
Section 111.M Estimated Impact on Other Taxing Jurisdictions
Exhibit II shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax
capacity of the TIF District, generated over the remaining term of the District, was hypothetically available to the other
taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life
of the TIF District, since the proposed development would not have occurred without the modification of the TIF
District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF
District is decertified and the development therein becomes part of the general tax base.
The fiscal and economic implications of the proposed modification to the tax increment financing district, as pursuant
to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below.
1.The total amount of tax increment that will be generated over the remaining life (Collections from taxes
payable 2013 —2021) of the TIF District is estimated to be $34,470,103.
2.To the extent the modification of the TIF District generates any public cost impacts on City-provided services
such as police and fire protection, public infrastructure, and the impact of any general obligation tax
increment bonds attributable to the TIF District upon the ability to issue other debt for general fund purposes,
such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the
TIF District.
Springs -led Page 4
Brooklyn Center Economic Development Authority, Minnesota
3.The amount of tax increment generated over the remaining term of the TIF District that would be attributable
to School District #011 levies, assuming the School District's share of the total local tax rate for all taxing
jurisdictions remained the same, is estimated to be $302,902.
4.The amount of tax increment generated over the remaining term of the TIF District that would be attributable
to School District #279 levies, assuming the School District's share of the total local tax rate for all taxing
jurisdictions remained the same, is estimated to be $1,993,309,
5.The amount of tax increment generated over the remaining term of the TIF District that would be attributable
to School District #281 levies, assuming the School District's share of the total local tax rate for all taxing
jurisdictions remained the same, is estimated to be $1,195,911.
6.The amount of tax increment generated over the remaining term of the TIF District that would be attributable
to School District #286 levies, assuming the School District's share of the total local tax rate for all taxing
jurisdictions remained the same, is estimated to be $4,540,511.
7.The amount of tax increment generated over the remaining term of the TIF District that would be attributable
to County levies, assuming the County's share of the total local tax rate for all taxing jurisdictions remained
the same is estimated to be $9,920,659.
8.No additional information has been requested by the County or School Districts that would enable them to
determine additional costs that will accrue to it due to the development proposed for the district,
Springsted Page 5
Housing Development and
Redevelopment Project No 01
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V EV_ORANDUM COUNCIL WORK SESSff 4
DATE: October 28, 2013
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development F -
SUBJECT: Review of the Proposed Amendment to the Tax Increment District 3 Budget and
Sales of a Tax Increment Bond
Recommendation:
Tom Denaway, Analyst within the Management Consulting Services of Springsted Incorporated,
the City's Financial Consultant, will have a power point presentation on their analysis on the
attached amendment to the Tax Increment District No. 3 Plan.
David MacGillivray, Principal with Springsted Incorporated, will be present to review the
proposed sales of Tax Increment Revenue Bonds to fund the EDA's acquisitions of properties
within the Opportunity Site and Brooklyn Boulevard Corridor.
The purpose of this work session item is to inform and prepare the City Council for the
November 12 th public hearing on the amendment to TIF District No. 3 and the November 25 th
TIF Bond Sales..
No formal action is required.
Background:
On December 19, 1994, the City Council adopted Resolution No. 94-273, which established Tax
Increment District 3, a scattered site redevelopment district comprised of 242 parcels.
On April 28, 1997, the City Council conducted a public hearing to consider two amendments to
this Tax Increment District:
- Modification No. 1 removed the following 6 properties from the district (
Summerchase Apartments, Brookdale Parking lot, Kohl's, Brookdale Mall, Penny's
Auto, and Sears, as a result involving a reduction of their property values by $20 M.
The medication also included an administrative adjustment moving the $1M
contingency line item to a $1M Administrative, Legal, Engineering and Consulting
Fees.
Modification No. 2 included the aforementioned 6 properties into the TIF 3 District
with their adjusted valuations added to the Districts base valuation.
The City Council adopted Resolution No. 1997-76 which approved both Modifications.
On November 8, 2004, the EDA considered Modification No. 3, an administrative adjustment to
the Budget including the following:
- Line items relating to Bonding Authority provided in the TIF Plan were included in
the budget:
o :bond principal payments $29,000,000
Mission: Ensuring an attractive, clean, safe, inclusive community dial enhances the quality of life
Jo; all people and preserves the public tins!
MEMORANDUM COUNCIL WORK SESSION
o Bond interest payments $20,000,000
-Land Acquisitions were increased from $15 M to $19.2 M
Public Works/Storm Sewer was reduced from $3.5 M to $3 M
Site Improvements/Site Preparation was increased from $1M to $3.842572 M
Public Parking was increased from 0 to $2M
Loan Principal Payments was increased from 0 to $1M
-Loan Interest Payments was increased from 0 to $281,428
Admin„ Legal, Engineering, consulting fees were reduced from $2.9 M to $1.7 M
Housing Development Account remained at $ 5M
Contingency was increased from 0 to $1 M
Other — Increment Refund was increased from 0 to $376,000
The overall adjustments to the line items were found to be consistent with the original budget of
$31,900.000. The addition of the $49 M of bonding authority associated with these budget items
increased the total estimated project costs to $80,900,000.
This amendment also identified the Sources of Revenue as follows:
Tax Increment Revenue $48,069,393
Interest on Investment Funds $ 1,500,607
Bond Proceeds $29,000,000
Sales & Lease Proceeds $ 2,300,000
Total $80,900,000
On March 24, 2008, the EDA considered Modification No. 4, an administrative adjustment to the
$ 5 M Housing Account line item which added environmental remediation of single and multiple
family housing properties as an eligible expenditure. Modification No. 4 was approved by EDA
Resolution No. 2008-05.
On August 26, 2013 the City Council's Work Session included a discussion on the opportunity to
acquire 6121 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard Corridor.
The Council discussed the following policy issues:
Does the EDA feel that the acquisition of 6121 Brooklyn Boulevard meets the objectives
of Tax Increment District 3?
-Does EDA support the issuance of a Tax Increment Housing Bond to acquire 6121
Brooklyn Boulevard?
The majority consensus of the City Council/EDA was to authorize staff to meet with the property
owners and negotiate a purchase agreement.
Additionally, the EDA met in a closed session to discuss an opportunity to Acquire Lot 1, Block
1, Brookdale Square 2 nd Addition, a 23.2 acre commercial site to facilitate redevelopment with
the southern portion of the Opportunity Site.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
MEMORANDUM - COUNCIL WO SESSION
Tax Increment District No. 3 — Modification No. 5
TIF Modification No. 5 is being processed as a formal amendment to this Tax Increment Plan,
which includes the following requirements:
advanced notification to our County Commissioner,
distribution of the proposed plan amendment to the County and School Districts, and
the City Council holding a public hearing on the plan amendment.
The purpose of the amendment is to accomplish the following:
1.A budget revision to reflect the Tax Increment Revenue Stream and Tax Increment
Disbursements that have occurred during the first 15 years of the District.
2.Revisions to the Mod 3 projected revenue stream of $48,069,393 to $65,344,375
3.Adjusting the Housing Account from $5 M to $ 10.425 M to reflect 15% of the projected
tax increment revenue.
4.Increasing the Bond Authority from $29 M to $55 M to facilitate the proposed sales of a
2013 TIF Bond to acquire Lot 1, Block 1 Brookdale Square 2 ' Addition (22.3 acres) and
Lot 1, Block 1, Chrysler Motors 2 h1 Addition (4.5 acres) and the potential of up to future
EDA projects and/or acquisitions during the remaining life of the District.
5. Adding a line item for Pooled expenditures, as referenced in the original TIF Plan:,
a.Any funds to be expended for off-site improvements outside the boundaries of
District 3, but within the boundaries of Housing Development and
Redevelopment Project No. 1, would be less than 25 percent of total tax
increment generated by District No. 3, including administrative costs, provided
that tax increment deposited in the housing development account may be spend on
eligible housing activities located anywhere in the City, as provided in the Special
Act.
Note: any eligible expenditure that occurs after the 5 year rule time period
or in this case the 13 year rule, as established through Special
Legislation are considered as out-of-district/Pool Expenditures
provided they are located within the City's Municipal
Redevelopment District as illustrated in the attached Tax Increment
District 3 Plan Amendment.
b.The additional TIF revenue to fund this line item is being generated from the
following projects/sources: the FBI site, the new Honda and Toyota sites, the
future Volkswagen site, and adjustments to the tax status of the former Brookdale
Ford and 57 th & Logan sites.
c. The line item for Pooled Expenditures is identified in Springsted's analysis
illustrates the potential of $7,329,523 available to fund EDA approved projects
and acquisitions, such as the land purchases within the Opportunity Site and the
Brooklyn Boulevard Corridor Improvements.
Strategic Priorities:
e Focused Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
DATE: September 23, 2013
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development -
SUBJECT: Resolution Calling for a Public Hearing on a Modification to the Redevelopment
Plan for Housing Development and Redevelopment Project No. 1, Modification
of Tax Increment Financing District No. 3, and the Adoption of a Modification to
Tax Increment Financing Plan
Recommendation:
It is recommended that the City Council consider approval/adoption of the Resolution Calling for
a Public Hearing on a Modification to the Redevelopment Plan for Housing Development and
Redevelopment Project No. 1, Modification of Tax Increment Financing District No. 3, and the
Adoption of a Modification to Tax Increment Financing Plan.
Background:
On August 26, 2013, the City Council/EDA considered the opportunity to acquire land
within the Brooklyn Boulevard Corridor and the Opportunity Site with funds from Tax
Increment Financing District No 3. The direction of the City Council was to proceed with
the negotiations to acquire both properties and the necessary amendment to the TIF 3
Finance Plan.
This resolution begins the formal process of amending the Tax Increment Financing Plan
for TIF District No. 3 by calling a public hearing for the November 12, 2013 City Council
Meeting.
Springsted Financial is in the process of preparing the budget amendment, the required
advance notification to our County Commissioner, and the necessary financial data that will
be included in the Plan amendment and forwarded to Hennepin County and the four School
Districts 30 days prior to the public hearing.
A work session item is planned for the October 14th City Council/EDA meeting to review
the following components of this formal budget amendment:
an updated projection of the TIF 3 revenue stream through 2021,
increasing the Housing Account line item to reflect the 15% allocation of annual Tax
Increment received, and
maximizing the EDA's opportunity to use available funds for eligible land
acquisitions and capital improvement projects.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
COUNCIL ITEM MEMORANDUM
Tax Increment Finance District No. 3
Tax Increment District No. 3 was established in 1994 through special legislation which
enabled the creation of this scattered site redevelopment district involving 221 parcels
within the Brooklyn Boulevard/69th Ave. Area, the Brookdale Area, and the Willow
Lane/Hwy 252 area for the following purposes:
O To enhance the tax base of the City,
•To provide maximum opportunity, consistent with the needs of the City for
development by private enterprise,
•To better utilize vacant or underdeveloped land,
O To attract new businesses,
o To acquire blighted or deteriorated residential property for rehabilitation or
clearance and redevelopment,
•To develop housing opportunities for market segments underserved by the City
including housing for the disabled and elderly.
A provision within the special state legislation required that 15% of the annual tax
increment revenues be deposited into a housing development account established by the
Authority and expended according to the tax increment financing plan.
The District received its first increment in 1996 and is scheduled to close in 2021.
Proposed Amendment to Tax Increment Finance District No. 3
The following private development activities and City Council actions are projected to increase
the potential tax increment received by TIF District No. 3 to approximately $61 M:
the development of the FBI Regional Headquarters,
the removal of the Brookdale Mall properties from the District,
the new tax capacity captured by the Luther Honda and Toyota Dealership,
the additional tax capacity projected from the Volkswagen Dealership , and
the removal of the 57th & Logan Avenue site and the former Brookdale Ford sites.
This amendment will update the tax increment projected to be received through 2021;
increase the Housing Account to accurately reflect 15% of the projected increment; and to
increase the budget's line items for land acquisition and public capital improvements.
Budget Issues:
The TIF Plan Amendment being prepared will identify the fiscal affects that the budget
amendment will have on the City, School District, and County.
Additionally, the amendment will enable the EDA to use eligible tax increment funds for public
improvement projects; such as the Brooklyn Boulevard improvements identified in the City's
Capital Improvement Plan.
Strategic Priorities:
O Focused Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life
for all people and preserves the public trust
City of Brooklyn Center, Minnesota
Modification of a Tax Increment Financing Plan for
Tax Increment Financing (Redevelopment) District No. 3
Proposed Schedule of Events
Schedule of Events
Date Event Responsible Party
September— October Drafting of TIF Plan Modification City, Kennedy & Graven,
Springsted
Modification of TIF Plan
Monday
September 23 2013, City Council adopts resolution calling for Public Hearing Springsted & Kennedy &
Graven
Friday
September 27, 2013
County Commissioner receives notification letter
Springsted(at least 30 days prior to publication of notice of public hearing)
Prior to Thursday
October 10, 2013
County and School District receive impact letters & draft TIF plan modification
Springsted(at least 30 days prior to public hearing)
Thurstlay
October 31, 2013
Deadline: Oct. 24
Publication of notice of public hearing in Brooklyn Center Sun Post
(10-30 days prior to public hearing)
City and Kennedy &
Graven
Thursday,
October 31, 2013 Planning Commission reviews and adopts resolution City,
Springs
Kennedy & Graven,
ted
Tuesday,
November 12, 2013
City Council holds public hearing, and adopts resolution modifying TIF Plan and
TIF District
City, Kennedy & Graven,
Springsted
After
November 12, 2013 State and County filing Springsted
Member introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION CALLING FOR A PUBLIC HEARING ON A •
MODIFICATION TO THE REDEVELOPMENT PLAN FOR HOUSING
DEVELOPMENT. AND REDEVELOPMENT PROJECT NO. 1,
MODIFICATION OF TAX INCREMENT FINANCING DISTRICT NO. 3,
AND THE ADOPTION OF A MODIFICATION TO TAX INCREMENT
FINANCING PLAN
BE IT RESOLVED by the City Council (the "Council") of the City of Brooklyn
Center, Minnesota (the "City"), as follows:
Section 1. Public Hearing. This Council shall meet on November 12, 2013, at
approximately 7:00 P.M., to hold a public hearing on a proposed modification to the Redevelopment
Plan for Housing Development and Redevelopment Project No. 1 (the "Modification") and the
proposed modification of the Tax Increment Financing Plan for Tax Increment Financing District
No. 3 (a Redevelopment District) (the "TIF District") (the "TIF Plan Amendment"), pursuant to
Minnesota Statutes, Sections 469.090 to 469.1082 and Sections 469.174 to 469.1794, as amended.
Section 2. Notice of Public Hearing, Filing of Plans. City staff and consultants are
directed and authorized to prepare the Modification and TIF Plan Amendment and to forward such
documents to the appropriate taxing jurisdictions, including Hennepin County and Independent
School District No. 286 (Brooklyn Center) and Independent School District No. 281 (Robbinsdale).
The City Clerk is authorized and directed to cause notice of the hearing in substantially the form
attached as Exhibit A hereto, together with an appropriate map as required bylaw, to be published at
least once in the official newspaper of the City not less than 10, nor more than 30, days prior to
November 12, 2013, and to place a copy of the Modification and TIF Plan Amendment on file in the
City Clerk's office at City Hall and to make such copy available for inspection by the public.
September 23, 2013
Date Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO.
EXHIBIT A
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Brooklyn Center,
Hennepin County, State of Minnesota, will hold a public hearing on November 12, 2013, at
approximately 7:00 P.M. at the City Hall, 6301 Single Creek Parkway, Brooklyn Center, Minnesota,
relating to the proposed adoption of a Modification to the Redevelopment Plan for Housing
Development and Redevelopment Project No. 1 (the "Redevelopment Plan Modification") and the
proposed adoption of a Modification to Tax Increment Financing Plan (the "TIF Plan Amendment")
for Tax Increment Financing District No. 3 (a Redevelopment District) (the "TIF District"), pursuant
to Minnesota Statutes, 469.090 to 469.1082 and Sections 469.174 to 469.1794, as amended. Copies
of the Redevelopment Plan Modification and TIF Plan Amendment are on file and available for
public inspection at the office of the Director of Business and Development at City Hall.
The TIF District is located within Housing Development and Redevelopment Project No. 1
and the City of Brooklyn Center. A map of Housing Development and Redevelopment Project No. 1
and the TIF District is set forth below. Subject to certain limitations, tax increment from the TIF
District may be spent on eligible uses within the boundaries of Housing Development and
Redevelopment Project No. 1.
[INSERT MAP of Housing Development and Redevelopment Project No. 1,
and Tax Increment Financing District No. 3]
All interested persons may appear at the hearing and present their views orally or prior to
the meeting in writing.
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF BROOKLYN CENTER,
MINNESOTA
City Clerk
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EDA Agenda Item No. 4b
TEDA IITM MEIVORANDUM
DATE: November 12, 2013
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood
Improvements and Redevelopment Opportunities within the Brooklyn Boulevard
Corridor (6121 Brooklyn Boulevard)
Recommendation:
It is recommended that the Economic Development Authority consider approval/adoption of the
Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements
and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (6121 Brooklyn
Boulevard)
Background:
On August 26, 2013, the City Council's Work Session included a discussion on the opportunity
to acquire 6121 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard
Corridor.
The Council discussed the following policy issues:
Does the EDA feel that the acquisition of 6121 Brooklyn Boulevard meets the objectives
of Tax Increment District 3?
Does EDA support the issuance of a Tax Increment Housing Bond to acquire 6121
Brooklyn Boulevard?
The majority consensus of the City Council/EDA was to authorize staff to meet with the property
owners and negotiate a purchase agreement. As a result of this meeting, a purchase agreement
has been prepared for consideration.
Attached for your reference are copies of the August 26, 2013, City Council Work Session
Memo and minutes on this item.
Purchase Agreement:
Attached is a copy of the purchase agreement prepared by the City Attorney accepting the offer
by the property owner, Kagel Acquisition Co., to acquire Lot 1, Block 1, Chrysler 2 nd Addition,
for the amount of $1,500,000.
The purchase agreement reflects the following property information provided by Mr. Kagel:
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public trust
EDA ITEM MEMORANDUM
-A copy of the Phase I Environmental Site Assessment prepared by Peer Engineering in
2008, which indicated that the underground tanks had previously been removed or
remediated and there were not sub surface hoist issues.
A copy of the current lease with Buy Right Auto Group for a portion of building, 20
parking stalls within the display lot, and 100 stalls within the secured storage area. A
condition of the lease required the tenant to obtain licenses from both the State and City.
-A copy of a lease with Courage Center for a portion of the building and sales lot, which
expires on February 14, 2014.
A 3 rd lease with QCSA Holding, Inc. related to the Cars With Heart Auto Dealership.
With respect to these issues:-Peer Environmental has provided the EDA with a proposal to update the 2008 Phase I
Environmental Site Assessment in the amount of $1800.
Buy Right Auto Group has been notified that their operation does not meet the minimum
zoning requirements for building size and lot area; and therefore, are not eligible for a
Motor Vehicle Dealers License.
Mr. Kagel's attorney has advised the EDA that he has had some difficulties in making the
necessary contacts to cancel these leases and that additional time is needed. The closing
date has been changed to January 20, 2014 in order to comply with Section 10 (g) of the
purchase agreement that references the existence of these leases and provides that the
seller shall terminate them and the property shall be vacated before closing.
Budget Issues:
The acquisition of this property will require the sale of a TIF Housing Bond that will be repaid
from a portion of the annual increment deposited into TIF 3 Housing Account.
At the November 12' 2013 City Council Meeting, the City Council will be considering the
scheduling of a TIF Bond sales for November 25, 2013 that includes $1,500,000 for this
acquisition and $165,000 for demolition, restoration, and potential relocation benefits.
Until the property is redeveloped, the holding costs associated with property maintenance and
utility fees will be covered by the TIF 3 Housing Fund.
In the event the EDA decides to sell the property for a use other than an eligible housing
development, the proceeds of the sales will reimburse the TIF Housing Account.
Strategic Priorities:
• Focused Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
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August 20, 2013
= City Owned/Acquired Properties 0.12 mi
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BROOKLYN BOULEVARD PROPERTIES
(City Acquired and Proposed Acquisitions)
t 4
= Property to be Acquired
— I-Egftway
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY TO
FACILITATE NEIGHBORHOOD IMPROVEMENTS AND
REDEVELOPMENT OPPORTUNITES WITHIN THE BROOKLYN
BOULEVARD COORIDOR (6121 BROOKLYN BOULEVARD)
WHEREAS, the Brooklyn Center Economic Development Authority, Minnesota,
has hereto established Housing Development and Redevelopment Project No, 1 and has
established Tax Increment Financing District No. 3, and has adopted a Tax Increment Financing
Plan THAT includes the following objectives:
To enhance the tax base of the City,
-To provide maximum opportunity, consistent with the needs of the City for development
by private enterprise,
To better utilize vacant or underdeveloped land,
-To attract new businesses,
-To acquire blighted or deteriorated residential property for rehabilitation or clearance and
redevelopment,
-To develop housing opportunities for market segments underserved by the City including
housing for the disabled and elderly; and
WHEREAS, the real property located at 6121 Brooklyn Boulevard. (the "Subject
Property") is a voluntary sale by the property owner; and
WHEREAS, the property owner Kagel Investment Co. has offered to sell the
subject property to the EDA for the amount of $1,500,000, the same amount they acquired the
property for in 2009; and
WHEREAS, the EDA has determined that acquisition of the Subject Property on
the terms and conditions set forth in the proposed purchase agreement is consistent with the
goals and objectives of the Brooklyn Boulevard Streetscape Amenities Study, the City's
Comprehensive Plans, the Tax Increment District No. 3 Housing Program and is in the best
interests of the City of Brooklyn Center and its citizens.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota, as follows:
1.The purchase agreement for the Subject Property is hereby approved.
2.The President and Executive Director of the EDA are authorized and directed to
execute the purchase agreement, and the Executive Director is authorized and
directed to take all such further steps as are necessary to effect the terms thereof
Resolution No.
November 12, 2013
Date President
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
EDA ITEM MEMO A NDIJM
August 26, 2013
City Council Study Session — Work Session Minutes
DISCUSSION ON AN OPPORTUNITY TO ACQUIRE LOT 1, BLOCK 1, CHRYSLER
ADDITION, FORMER CARS FOR HEART AUTO DEALERSHIP
6121 BROOKLYN BOULEVARD
(REDEVELOPMENT WITHIN THE BROOKLYN BOULEVARD CORRIDOR)
Director of Business and Development Gary Eitel introduced the item and explained that in
January of 2009, Bob Kagel, Kagel Acquisition Company, acquired Lot 1, Block 1, Chrysler
Addition, for $1.5 million for the purpose of operating the Cars with Heart Auto Dealership. It
opened in January of 2009 but closed the later part of 2012. Mr. Kagel contacted City staff to
determine if the City/EDA had an interest in acquiring this property for $1.5 million.
Mr. Eitel reviewed other properties the EDA had acquired in this area and areas of opportunity
for renewal along Brooklyn Boulevard. He stated if not housing, an alternative is a planned
commercial PUD for a larger area. Mr. Eitel reviewed the Tax Increment Financing (TIF)
District No. 3 budget, noting there is an available revenue stream He explained that when taxes
are delinquent, taxes are not forgiven and will be paid at some point in the future.
Mr. Eitel stated the property is being offered for $1.5 million, the same price it sold for in 2009,
so he considered a budget of $1.665 million for land purchase debt service including demolition.
Mayor Willson stated another option is the way the City leveraged the FBI property.
Mr. Eitel stated the City missed this opportunity in 2008 because the price for this property
started at $3.2 million. He asked whether the EDA feels that the acquisition of 6121 Brooklyn
Boulevard meets the objectives of TIF District 3. He also asked whether the EDA supports the
issuance of a Tax Increment Housing Bond to acquire 6121 Boulevard.
Mayor Willson noted 6107 Brooklyn Boulevard is owned by the Luther organization. Mr. Eitel
stated if this property is purchased and used for housing, he thinks Mr. Luther will work with the
City as he has been a positive corporate citizen.
Mayor Willson asked whether 3606 61 st Avenue North and 3600 61 st Avenue North are
residential properties. Mr. Eitel answered in the affirmative and stated they may be available at
some point since the residents are aware that when the time is right, they should talk with the
City.
Mayor Willson stated 6121 Brooklyn Boulevard is a valuable opportunity but in looking at how
it lays out, 6107 Brooklyn Boulevard and 3606 61 St Avenue North and 3600 61 st Avenue North
would make a larger and more appealing site for elderly housing or a corporate setting.
Councilmember Kleven asked whether the City has tried to negotiate a lower price. Mr. Eitel
stated it is his understanding that it is the seller's firm position, as it was appraised for
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
EDA ITEM MEMORANDUM
$1,850,000. It was noted there is a discrepancy in ownership and this offer had been presented
before a judge to reconcile those differences.
Councilmember Kleven stated support to purchase this property and consider it for senior
housing. She asked if it is purchased, would it be sold for $1 the same as the FBI building.
Mayor Willson stated it is too early to consider those types of negotiations.
Mr. Boganey stated the City would not assume that the property would be given away but once
the proposal is received and the potential on investment is determined, the asking price can be
considered.
Mayor Willson stated this site used to be an automobile sales lot and asked if Mr. Kagel would
agree to be responsible for any environmental mitigation that is necessary. Mr. Eitel stated the
process has not reached that point and a purchase agreement has not yet been written.
Discussion on this item continued and reached conclusion at the August 26, 2013, Work Session.
It was noted that discussion on this item began at the August 26, 2013, Study Session.
The majority consensus of the City Council/EDA was to authorize staff to meet with the property
owners and negotiate a purchase agreement.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
MEMO NDUM - COUNCIL WORK SESSION
DATE: August 26, 2013
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Discussion on an Opportunity to Acquire Lot 1, Block 1, Chrysler Addition,
Former Cars with Heart Auto Dealership, 6121 Brooklyn Boulevard.
(Redevelopment within the Brooklyn Boulevard Corridor)
Recommendation:
It is recommended that the City Council consider providing direction to staff regarding the offer
by Kagel Acquisition Co. to sell the EDA Lot I, Block 1, Chrysler Addition, a 4.48 acre
commercial lot formerly used as the Cars with Heart Auto Dealership, 6121 Brooklyn
Boulevard.
Background:
Bob Kagel, Kagel Acquisition Co., acquired Lot 1, Blockl, Chrysler Addition in January of 2009
for $1,500,000 for the purpose of operating the Cars with Heart Auto Dealership. The Cars with
Heart Dealership opened in January, 2009 and for reasons not known by staff closed in the later
part of 2012. Mr. Kagel was aware of the City's planning for the reimaging and redevelopment
of the Brooklyn Boulevard corridor and contacted city staff to determine if the City/EDA had an
interest in acquiring this property for the amount of $1,500,000.
The EDA has used TIF 3 Housing funds to acquire the adjoining property at 6101 Brooklyn
Boulevard and several other properties in this general area as part of an overall redevelopment
vision for this corridor. Attached is a map identifying the location of these properties.
Additionally, the Planning Commission's review of the recent Brooklyn Boulevard Corridor
Study recognized the potential redevelopment of this property as a candidate site for independent
and assisted senior housing opportunities.
Zoning:
On September 28, 1998 the City Council rezoned this C-2 commercially zoned lot and the
adjacent C-1 service/office lot at 6107 Brooklyn Boulevard to PUD/C2. The Declaration and
Covenants and Restrictions for this PUD included provision that this lot shall be used only for
motor vehicle sales, leasing, service and sale of vehicle parts. The Declaration also included the
provision that it may be amended from time to time by a written amendment executed by the
City and the owner or owners of the lot or lots to be affected by said amendment.
In 2008, the City Council amended the ordinance pertaining to motor vehicle dealer licenses by
deleting the building to land valuation standard; adding a minimum lot size of two acres; and a
minimum building coverage of 15% to the Special Use provisions of the C2 Zoning District.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
MEMO NDUM - COUNCIL WORK SESSION
Additionally, the Sale of Motor Vehicles License, Section 23-1201 was amended to include used
motor vehicles.
On December 2, 2008, the City Council approved a license to Cars with Heart to operate a car
sales lot at 6121 Brooklyn Boulevard. The effective date of the license was January 9, 2009 (the
effective date of the above referenced ordinance amendments).
TAX INCREMENT FINANCING DISTRICT NO. 3
Tax Increment District No. 3 was established in 1994 to provide assistance to various
commercial redevelopment and housing development projects within the District.
The District is a scattered site district with three sites, the Brooklyn Boulevard /69th Area,
the Brookdale Area, and the Willow Lane/ HWY 252 area and included the following
objectives:
To enhance the tax base of the City,
To provide maximum opportunity, consistent with the needs of the City for
development by private enterprise,
To better utilize vacant or underdeveloped land,
To attract new businesses,
To acquire blighted or deteriorated residential property for rehabilitation or
clearance and redevelopment,
To develop housing opportunities for market segments underserved by the City
including housing for the disabled and elderly.
The special state legislation associated with the creation of this Tax Increment District
included provisions which required that 15% of the revenues generated from tax
increment in any year is deposited in the housing development account of the Authority
and expended according to the tax increment financing plan.
Springsted Financial, the City's financial consultant, has updated the City's Funds Flow
Analysis w/Cash Balance Comparison to reflect the additional tax increment revenue
received from the development of the FBI Regional Headquarters, the removal of the
Brookdale Mall properties from the District, and the new tax capacity added to the District
by the Luther Honda and Toyota Dealerships.
Attached is a draft spreadsheet which illustrates that the increased tax increment revenues
and resulting increases in the 15% Housing Fund would support a bond issue of sufficient
size to enable the EDA to accept Mr. Kagel's offer and acquire 6121 Brooklyn Boulevard.
Policy Issues:
Does the EDA feel that the acquisition of 6121 Brooklyn Boulevard meets the objectives of Tax
Increment District 3?
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for people and preserves the public Mist
MEMO NDUM - COUNCIL WO SESSION
Does the EDA support the issuance of a Tax Increment Housing Bond to acquire 6121 Brooklyn
Boulevard?
Council Goals:
Strategic:
1. We will proceed aggressively with implementation of City's redevelopment plans
4. We will improve the city's image
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public Mist
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (the "Purchase Agreement") made and entered into
this 6th day of November, 2013 (which is the date that both parties have executed this Purchase
Agreement and Seller has delivered a fully executed copy thereof to Buyer and is hereby deemed
the "Effective Date") by and between Kagel Acquisition Company, LLC, a Minnesota limited
liability company ("Seller") and Brooklyn Center Economic Development Authority, a public
body corporate and politic under Minnesota law ("Buyer").
WITNESSETH:
1, Description of Land Sold. Seller, in consideration of the covenants and agreements
of Buyer hereinafter contained, hereby sells and agrees to convey unto the Buyer and Buyer agrees
to purchase from Seller, upon the prompt and full performance by the parties of this Agreement, a
certain tract of land consisting of approximately 4.48 acres which is legally described on Exhibit
A attached hereto, together with all buildings and improvements thereon, and all fixtures and
tangible personal property owned by Seller in connection therewith. (hereinafter referred to as the
"Property").
2.Purchase Price. Buyer, in consideration of the covenants and agreements of Seller,
hereby agrees to pay to Seller as and for the purchase price of the Property an amount equal to One
Million Five Hundred Thousand and no/100 Dollars ($1,500,000.00) ("Purchase Price"), all in the
manner and at the times following, to wit:
$10,000.00 Earnest money (the "Earnest Money") which shall be deposited by Buyer
within five (5) days of the Effective Date in an interest-bearing trust
account with Old Republic National Title Insurance Company, 400
Second Avenue South, Minneapolis MN 55401, Attn: Rick Zilka (612)
371-1111 (the "Title Company") to be held pursuant to the terms of this
Agreement and interest shall follow the deposit, but which shall be applied
to the Purchase Price hereunder and which shall be refunded to Buyer in
the event of termination of this Agreement by Buyer as otherwise
provided in this Purchase Agreement,
$1,490,000.00 By wire transfer to Title Company for the account of Seller on the Closing
Date (as hereinafter defined). The parties hereto acknowledge and agree
that the Purchase Price shall be adjusted for prorations and other items as
the parties may approve in accordance with an approved closing statement
on the date of Closing.
3.Warranty Deed. It is agreed that a limited warranty deed for the Property (the
"Deed") conveying fee simple title to the Property to Buyer, free and clear of all encumbrances
except the Permitted Exceptions hereafter defined will be executed and delivered by Seller to
Buyer at the Closing Date which shall be subject only to matters that are waived by Buyer or
accepted by Buyer pursuant to Paragraph 7 hereof.
431520v5 RJL BR305-120
4.Taxes and Special Assessments, Seller shall pay all real estate taxes, interest and
penalties, if any, relating to the Property which were payable in the years prior to the year of
Closing. Provided that this transaction shall close as hereinafter provided, Buyer agrees to pay taxes
for the Property which are payable in the year following the year of Closing and all taxes for years
thereafter. Seller and Buyer shall prorate taxes payable in the year of Closing based upon the date
of Closing. Seller shall pay all special assessments which are levied or pending against the Property
as of the Closing Date. Except if Seller's share shall have already been paid, at Closing Seller and
Buyer shall escrow their portions of the taxes which are payable in the year of Closing. If such
amount is not known at the time of Closing such amount shall be estimated based upon 110% of the
amount of the prior year's taxes. Seller shall pay any transfer taxes and documentary stamps.
Seller shall be responsible for any deferred or rollback taxes due as a result of the sale contemplated
hereunder, In the event that any deferred or rollback taxes cannot be paid in their entirety at or prior
to Closing, at Closing Seller shall escrow 125% of the estimated defened or rollback taxes
applicable to the Property. Buyer shall pay State deed taxes due on Seller's deed to Buyer. The
provisions of this Paragraph shall survive Closing and passage of title.
5.Reports. Prior to the Closing Date, neither Buyer nor Seller shall construct or cause
the construction of any improvements on the Property. If Seller has not previously done so, within
five (5) days of the Effective Date, Seller shall provide to Buyer, at no cost to Buyer, copies of all
existing surveys, title reports, soil tests, environmental reports, engineering reports on storm water
detention located on the Property, other engineering information in the possession or control of
Seller, and any recorded or proposed declaration of covenants, restrictions, or easements, which are
applicable to the Property. Seller will respond to any comments or requests from Buyer regarding
these documents within five (5) business days after receipt thereof. Seller's delivery of such
information shall not be deemed a warranty or representation of the truth or accuracy of such
information.
6. Buyer's Conditions. The obligation of Buyer to purchase the Property is subject to
and contingent upon the satisfaction of the following conditions, any of which may be waived in
whole or in part by Buyer by written notice thereof from Buyer to Seller:
(a)Approval of this Agreement by the Board of Commissioners of Buyer;
(b)Buyer concluding that, based upon information which is available to it, there
are no hazardous substances, pollutants or contaminants known to Buyer to be present on
the Property which cause Buyer to be unwilling to accept title and possession of the
Property pursuant to this Agreement; and
(c) Sale by purchaser of tax increment financing bonds (Housing Funds from
Tax Increment District No. 3) in the amount of at least $1,665,000 for the purpose of
financing the obligations of Buyer in connection with purchase of the Property under this
Agreement.
In the event that Buyer is unable to satisfy a condition before Closing, Buyer may, by written notice
(including fax) to Seller and the Title Company prior to Closing, terminate this Purchase
Agreement, whereupon neither party shall have any further liability hereunder and the Earnest
431520v5 RJL BR305-120
2
Money shall be refunded to Buyer. Buyer agrees to diligently proceed to satisfy conditions (a) and
(c) of this Paragraph. Buyer and Seller agree to diligently proceed to satisfy condition (b) of this
paragraph.
7. Examination of Title. Seller shall deliver to Buyer a copy of Seller's existing title
policy or report for the Property within three (3) business days after the Effective Date. Within
three (3) business days after receipt of such delivery, Buyer shall order a commitment for a title
insurance owner's policy from the Title Company in the amount of the Purchase Price. Buyer shall
be allowed five (5) business days after the latter of the receipt of the title commitment from the Title
Company and the receipt of the Survey (as defined below), for examination of said title and the
making of any objections thereto, said objections to be made in writing or deemed to be waived (the
"Objection Letter"). Buyer shall have the right to apply the Purchase Price to payment of liens
securing undisputed, liquidated amounts. Upon receipt of Buyer's Objection Letter, Seller shall
respond in writing to Buyer's Objection Letter within three (3) business days setting forth the
matters that Seller is willing to use commercially reasonable efforts to correct and setting forth the
matters that Seller is unwilling to correct. For those items that Seller is unwilling to cure, Buyer
may, by written notice to Seller within three (3) business days after receipt of Seller's response to
Buyer's Objection Letter, either:
(i)terminate this Purchase Agreement, in which event this Purchase Agreement
shall become terminated and neither party shall be liable for damages hereunder to the other
party and the Earnest Money shall immediately be returned to Buyer; or
(ii)elect to accept title in its existing condition, in which event the warranty deed
to be delivered at Closing Date shall except such objections (subject to Buyer's rights
regarding liens secured by undisputed, liquidated amounts and except for Seller's written
assurances to cure title objections).
All matters accepted by Buyer by its failure to submit an Objection Letter or by its written waiver of
its objections set forth in the Objection Letter are the "Permitted Exceptions".
For those matters which Seller has agreed to use commercially reasonable efforts to correct,
Seller shall have until the Closing Date to correct such objections. In the event Seller fails to correct
such objections by the Closing Date, Seller shall not be deemed to be in default, but Buyer may
either (i) terminate this Purchase Agreement by written notice at or prior to Closing or (ii) waive
such objections and proceed to Closing. At Closing, Seller and Buyer shall split the cost of the
basic owner's policy of title insurance and Buyer shall pay for any endorsements.
8. Survey. Within three (3) days after Seller's delivery to Buyer of Seller's existing
title work, Buyer shall order a current ALTA survey (the "Survey") showing the Property.
9. Default.
(a) Except as otherwise provided in Paragraph 10 hereof, if Seller defaults in its
obligations hereunder in any manner, at any time prior to Closing, Buyer may, by written
notice upon Seller, and provided that Seller does not cure such default, elect either of the
431520v5 RJL BR305-120 3
following as its exclusive remedy and waives all other remedies at law or in equity: (i)
terminate this Purchase Agreement, in which event the Earnest Money paid hereunder shall
immediately be delivered to Buyer, and Seller shall reimburse Buyer for all costs and
expenses incurred by Buyer in connection with this transaction up to and including the date
of default in an amount not to exceed $10,000.00, or (ii) avail itself of the remedy of specific
performance provided that any such action for specific performance is commenced within
six (6) months from Seller's breach.
(b) If Buyer shall default in the performance of any of its obligations hereunder,
then Seller may, by written notice upon Buyer, and provided that Buyer does not cure such
default, and in lieu of any other remedies provided by law or equity, be entitled to receive
the Earnest Money, and its cost for debt service pursuant to existing mortgages encumbering
the Property, if any, from the Effective Date through Buyer's breach, in an amount not to
exceed $10,000.00, as and for its liquidated damages and not as a penalty or forfeiture.
In any action brought with respect to this Purchase Agreement, the prevailing party shall be
entitled to be reimbursed by the non-prevailing party for the prevailing party's reasonable attorney's
fees and costs of litigation.
10. Representations and Warranties of Seller. Seller represents and warrants to Buyer
that, as of the date hereof:
(a)To Seller's actual knowledge to the present, there is no action, litigation,
investigation, condemnation or proceeding of any kind pending or threatened against Seller
or the Property which could adversely affect the Property, any portion thereof or title
thereto. Seller has disclosed the action styled Robert Kagel, Plaintiff vs. Christian Brackey
and Kagel Acquisition Company, LLC, Defendants, State of Minnesota District Court,
County of Hennepin, Fourth Judicial District, Court file No.: 27-CV-12-12925, and shall
give Buyer prompt written notice if any other action, litigation, condemnation or proceeding
is commenced or, threatened in writing prior to the Closing Date.
(b)Seller and/or its tenants have generated and stored hazardous wastes (such
as used solvents, batteries, used oil, used antifreeze and paint booth filters) on site, and have
stored bulk petroleum products both above and below ground. Buyer may review Seller's
records related to the management of such wastes and petroleum storage. •Except as just
stated, to Mier's actual knowledge, except as set forth in Exhibit B attached hereto, the
Property has not been used for the generation, transportation, storage, treatment, or disposal
of any hazardous waste, hazardous substance, pollutant, or contaminant, including
petroleum, as defined under federal, state or local law, nor are such materials located in or
on the Property.
(c) To Seller's actual knowledge, except as set forth in Exhibit B attached
hereto, there are no wells located on the Property.
(d) To Seller's actual knowledge, except as set forth in Exhibit B attached
hereto, there are no underground storage tanks on the Property. There are above ground
431520v5 RJL 13R305-120
4
storage tanks on the Property, which are identified with particularity on Exhibit B attached
hereto.
(a) Seller has full power and authority to enter into and perform this Agreement
in accordance with its terms.
(f)Seller received a deed to the Property from parties that had fee title to the
Property and there are no outstanding purchase agreements, options, or rights of first refusal
with respect to the Property.
(g)The Property is occupied by Buy Right Auto Group, LLC, dba Brag Auto
Sales, and dba Repo Auctions US, pursuant to one or more month-to-month lease
agreements, which shall be terminated by Seller and the Property vacated before Closing;
QCSA Holdings, Inc., a Delaware corporation subject to a Sublease Agreement, which shall
be terminated and the Property vacated before Closing; and Courage Center, a Minnesota
non-profit corporation pursuant to a Commercial Lease, which shall be terminated and the
Property vacated before Closing
(h) To Seller's actual knowledge no dumping has occurred in or on the Property.
As used herein, "Seller's actual knowledge" means only the current actual knowledge of Robert
Kagel, the President of Kagel Acquisitions Company, LLC, without conducting any independent
investigations, inquiries or reviews whatsoever.
EXCEPT AS SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED
THAT SELLER IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES
OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH
RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN SELLER'S WARRANTY
OF TITLE SET FORTH IN THE DEED TO BE DELIVERED AT CLOSING), ZONING, TAX
CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF
ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS,
VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR
ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION,
MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii) THE MANNER OR
QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF
THE PROPERTY, AND (iii) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF
REPAIR OF THE PROPERTY. PURCHASER HAS NOT RELIED UPON AND WILL NOT
RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR
WARRANTY OF SELLER OR AGENT OF SELLER. PURCHASER REPRESENTS THAT IT
IS A KNOWLEDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING
SOLELY ON ITS OWN EXPERTISE AND THAT OF PURCHASER'S CONSULTANTS IN
PURCHASING THE PROPERTY. PURCHASER WILL CONDUCT SUCH INSPECTIONS
1431520v5 RJL BR305-120
5
AND INVESTIGATIONS OF THE PROPERTY AS PURCHASER DEEMS NECESSARY,
INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THEREOF, AND SHALL RELY UPON SAME. UPON CLOSING,
PURCHASER SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT
NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY
NOT HAVE BEEN REVEALED BY PURCHASER'S INSPECTIONS AND INVESTIGATIONS.
PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING, SELLER SHALL
SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE
PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS. PURCHASER FURTHER
ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS,
WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE
PROPERTY BY SELLER, ANY AGENT OF SELLER OR ANY THIRD PARTY. THE TERMS
AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CLOSING,
NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS AND SHALL BE
INCORPORATED INTO THE DEED. SELLER IS NOT LIABLE OR BOUND IN ANY
MANNER BY ANY ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR
INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY REAL ESTATE
BROKER, AGENT, EMPLOYEE, SERVANT OR OTHER PERSON, UNLESS THE SAME
ARE SPECIFICALLY SET FORTH OR REFERRED TO HEREIN.
Seller hereby agrees that each of the foregoing representations and warranties shall be deemed
restated by Seller effective as of Closing, and shall survive Closing hereunder. In the event that any
representation or warranty was or is incorrect when made, Seller shall indemnify, defend, and hold
harmless Buyer for any actual damages or injuries to Buyer arising therefrom, notwithstanding the
provisions of Paragraph 9 hereof, not to exceed $100,000.00. No termination of this Purchase
Agreement under the provisions of Paragraph 9 shall act to bar any action permitted by this
subparagraph.
11.Closing. Closing ("Closing") shall occur on January 20, 2014, or such earlier date
as Buyer and Seller may mutually agree. At Closing, Seller and Buyer shall deliver to one another
the instruments specified herein, as well as any affidavits, certificates, and writings normally given
at closings of similar properties in the State of Minnesota, including a FIRPTA from Seller, Closing
shall occur at the offices of the Title Company; neither party shall be required to attend in person.
Seller and Buyer shall equally share the closing fees and escrow fees charged by the Title Company
for its services. Possession of the Property shall be delivered to Buyer on the Closing Date. Unless
waived in writing by Buyer, in the event that Closing does not occur on or before December 20,
2013, Buyer shall have the option to cancel the Purchase Agreement and obtain the frill refund of its
earnest money.
12.Notices. Except as otherwise specifically provided herein, all notices provided
herein shall be given in person or be sent by United States mail, either certified or registered,
postage prepaid, overnight courier, or by facsimile, to:
Seller: Kagel Acquisition Company, LLC
Attention: Robert Kagel
6121 Brooklyn Blvd.
431520v5 RJL BR305-120
6
Brooklyn Center, MN 55429
With a copy to:
Buyer:
with a copy to:
Scott S. Payzant
Leonard O'Brien Spencer Gale & Sayre
100 South Fifth Street, Suite 2500
Minneapolis, MN 55402
Brooklyn Center Economic Development Authority
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Attention: Curt Boganey
Telephone: 763-569-3300
Facsimile: 763-569-3494
Email: cboganey@ci.brooklyn-centeram.us
Robert J. Linda!!, Esq.
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South 6 th Street
Minneapolis MN 55402
Telephone: 612-337-9219
Facsimile: 612-337-9310
email rlindall@kennedy-graven.com .
Notice shall be deemed received upon actual receipt or on the date such noticed is refused
by the addressee or recipient. Delivery on or before the date such notice is to be given shall be
deemed timely and acceptable. Notwithstanding the foregoing, with respect to a notice to terminate
under Paragraph 6 hereof, if notice is given by overnight courier, notice shall be effective upon
delivery to the overnight courier.
13.Broker. Buyer and Seller each hereby represent and warrant to the other that, no
broker or finder has been engaged by them in connection with any of the transactions contemplated
by this Agreement or ; to its knowledge, is in any way connected with any of such transactions.
Except as provided above, each party shall defend, indemnify and hold harmless the other from and
against any claim by any broker or finder claiming to have dealt through the indemnitor.
14.Subdivision and Tax Parcel. Buyer's obligations to close hereunder shall be
conditioned upon the Property constituting (i) one or more separately conveyable and subdivided
parcels, (ii) a separately assessed tax parcel, and (iii) a single tract of land for the purposes of
development and construction.
15. Miscellaneous. The terms, covenants, indemnities and conditions of this Purchase
Agreement which survive the Closing or termination of this Purchase Agreement shall be binding
upon and inure to the benefit of the successors and assigns of the respective parties hereto, and shall
431520v5 RJL BR305-120
7
survive the Closing and passage of title. Time is of the essence of this Agreement, including
satisfaction of the conditions described in Paragraph 6 hereof.
16, Pre-Closing Site Preparation By Seller. Seller shall remove any existing hydraulic
fluid reservoirs, bulk chemicals and batteries from the Property before Closing. Seller shall pump
out and clean all drains, sumps, separator tanks, septic tanks, and holding tanks prior to Closing.
Seller shall close out its RIA hazardous waste generator license for the site prior to Closing (and
cause its tenants to do the same), including satisfaction of all regulatory requirements, necessary to
doing so. •
17. Relocation Benefits.
(a)Buyer and Seller agree that the Purchase Price includes any and all amounts
which Seller may otherwise be entitled to receive for going concern damages, or relocation
assistance pursuant to case decision, applicable law or administrative regulations due to the
business owned or operated by Seller on the Property being displaced due to Seller's sale of
the Property to Buyer. Seller agrees to execute a waiver of such benefits at Closing in the
form attached hereto as Exhibit C.
(b)On or after the Effective Date, Buyer may send a letter to each tenant(s)
occupying the Property notifying the tenant(s) of Buyer's intended purchase of the Property,
that the tenant(s) will be displaced by Buyer's purchase, of the Property and Buyer's
determination as to whether the tenant(S) is eligible for relocation assistance pursuant to
applicable law and regulations, and the yight of the tenant(s) to appeal Buyer's determination
of eligibility.
(d) To the extent each tenant(s) is eligible for 'relocation assistance pursuant to
applicable laws and regulations, any such relocation costs shall be paid by Buyer,
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
BROOKLYN CENTER ECONOMIC
DEVELOPMENT AUTHORITY, a Public Body
Corporate and Politic -Under Minnesota Law
By
Curt Boganey
Its: Executive Director
KAGEL ACQUISITION COMP IrT-i>, LLC
By:
obert Kagel
Its: Chief Manager and Treasurer
431520v5 RH, BR305-120 8
EXHIBIT A TO PURCHASE AGREEMENT
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1, Block 1, Chrysler Motors Corporation, 2 nd Addition.
According to the map or plat thereof which is on file and of record in the Office of the County
Recorder and the Registrar of Titles in and for Hennepin County, Minnesota.
A portion of which is registered land pursuant to Certificate of Title No. 1301392.
431520v5 RJL BR305-120
EXHIBIT B TO PURCHASE AGREEMENT
DISCLOSURES BY SELLER
Seller has provided Buyer with a copy of the Phase I Environmental Site Assessment prepared for Seller
by Peer Engineering Integrated Environmental Solutions dated September 18, 2008, which is incorporated
herein by reference.
431520v5 RJL BR305-120
EXHIBIT C TO PURCHASE AGREEMENT
WAIVER OF RELOCATION BENEFITS
I, the undersigned, am the Chief .Manager and Treasurer of Kagel Acquisition Company, LLC, a
Minnesota limited liability company, and I execute -this waiver on behalf of said Kagel Acquisition
Company, LLC, ("Owner"), The owner has entered into a Purchase Agreement under which it has
agreed to sell Owner's property located at 6121 Brooklyn Blvd., Brooklyn Center, MN 55429
("Property") to Brooklyn Center Economic Development Authority
I acknowledge that I Met with Dan Wilson of Wilson Development Services, a relocation
counselor ("Counselor") retained by the EDA on , 2013. Counselor explained
that in the event that the EDA acquires the Property, Owner may be entitled to certain relocation
benefits, in addition to the amount of money being paid to Owner to acquire the Property. These
benefits may include:
Moving Expenses:
a.A payment for actual reasonable moving expenses; or
b.A fixed payment determined in accordance with the applicable schedule approved
by the Federal Highway Administration.
2.Reestablishment expenses - nonresidential moves.
A payment for expenses actuallY incurred in relocating and reestablishing an eligible small
business, farm or nonprofit organization at a replacernent site, which payment cannot
exceed $50,000,00. •
3.Alternative Fixed Payment nonresidential moves.
A fixed payment in lieu of the payments described in paragraphs 1 and 2 above, equal to
the average annual net earnings of the business, but not less than $1,000 and not more than
$20,000.
4. Other Relocation Assistance:
This includes referrals and other assistance to help the business owner relocate its business.
Finally, it was explained to me that the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 as amended, may entitle Owner to these relocation benefits; and if
I sign this agreement, I will be waiving those relocation benefits on behalf of Owner.
After having these benefits explained to me, I agree to waive them on behalf of Owner.
In signing this agreement, f acknowledge that no threats have been made to me or any other
representative of Owner, either expressly or by implication that, if Owner does not sell the
Property the Property may be acquired by the EDA under the power of eminent domain or
otherwise. If after signing this agreement, Owner attempts to collect relocation benefits, Owner
will be required to prove that, contrary to what it has agreed to, in this agreement, this waiver of
relocation benefits was not entered into voluntarily.
431520v5 RJL BR305-120
Kéq uisition Compa
By
Its ahief Manager and/ reasu .er
I further acknowledge that Owner has entered into a Purchase -Agreement for the sale of the
Property to EDA for the gross purchase price of $1,500,000.00. I acknowledge that payment of the
purchase price as described in the Purchase Agreement satisfies in full any amounts for relocation
assistance or relocation benefits that the FDA otherwise may be Obligated to pay to Owner and that
the • purchase price shall be the sole compensation due Owner for all claims of any description
against the EDA or City of Brooklyn Center as a result of EDA's acquiring the Property as
described in the Purchase Agreement, including but not limited to attorneys' fees, relocation
benefits, and any damages to the going concern or goodwill of any business owned by Owner and
which is located on the Property, the purchase price having included considerations for any and all
such claims.
,.,,,,Amw.-,,,,,3-,:m..47;•i, p,v-,
STATE OF MINNESOTA ) DEBRA L., ANTtidat .
NOTARY PUBLIC - MIMES*
• COUNTY OF AO-0:th )
*Commission xpin)s WA, ...) SS E
The foregoing instrument was acknowledged before me this 61 day of L7 UrVelvi.be:.(g)13, by
ri .....
Robert Kagel, the Chief Manager and Treasurer of Kagel Acquisition ConTany, LL., a Minnesota
limited liability company, on behalf of the limited liability company.
7•
otary Public
431520v5 RJL 812305-120
EDA Agenda Item No. 4c
There are no materials for this item.