HomeMy WebLinkAboutEDA Agenda Packet 052721 •••
••••
••• Meeting Location: Municipal Center
Appleil
7100 147th Street West
Valley Apple Valley, Minnesota 55124
May 27, 2021
ECONOMIC DEVELOPMENT AUTHORITY REGULAR
MEETING TENTATIVE AGENDA
6:15 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the regular
agenda for consideration.
A. Approve Minutes of February 25, 2021, Special Meeting
B. Approve Release of Security Interest Provided by Village Pointe Plaza,
LLC
1. Satisfaction of Mortgage
2. Termination of Uniform Commercial Code Financing Statement
4. Regular Agenda Items
A. "Open to Business" Program Joint Powers Agreement
Authorize Joint Powers Agreement with Dakota County Community
Development Agency
5. Staff Updates
6. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www cityofapplevalley.org
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Apple EDA MEETING DATE: May27, 2021
Valley SECTION: Consent Agenda
Description:
Approve Minutes of February 25, 2021, Special Meeting
Staff Contact: Department/ Division:
Breanna Vincent, Department Assistant Community Development Department
ACTION REQUESTED:
Approve minutes of special meeting on February 25, 2021.
SUMMARY:
The minutes of the Economic Development Authority special meeting is attached for your
review and approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
ECONOMIC DEVELOPMENT AUTHORITY
City of Apple Valley
Dakota County, Minnesota
February 25, 2021
Minutes of the Special Meeting of the Economic Development Authority of Apple Valley,Dakota
County, Minnesota, held February 25, 2021, at 6:00 p.m., at Apple Valley Municipal Center.
PRESENT: President Tom Melander*, Commissioners Clint Hooppaw, John Bergman, Tom
Goodwin, Ruth Grendahl, and Ken Johnson
ABSENT: None
City staff members present: City Administrator Tom Lawell, Community Development Director
Bruce Nordquist, City Planner Kathy Bodmer
Meeting was called to order at 6:00 p.m. by Commissioner Ruth Grendahl. President Tom
Melander was present virtually.
APPROVAL OF AGENDA
Commissioner Hooppaw asked staff if there were any changes to the agenda. —None.
MOTION: of Hooppaw, seconded by Goodwin, approving the agenda. Ayes - 6 -Nays - 0.
CONSENT AGENDA
MOTION: of Melander, seconded by Goodwin, approving the minutes of the meeting on
January 28, 2021. Ayes— 6—Nays—0.
REGULAR AGENDA
A. Adopt Resolution Approving Dakota County Community Development Agency
Development at Lot 1,Block 1 Village at Founders Circle 2nd Addition for 172 Units Active
Senior (55+) Rental Housing with 36 Units Affordable at 50% AMI
Community Development Director Bruce Nordquist provided a brief presentation on the Roers
Senior Apartments.
Commissioner Grendahl asked if there were any questions.
Commissioner Goodwin commented that the same architect has been used for all the projects in
the area.
Economic Development Authority
City of Apple Valley
Dakota County, Minnesota
February 25, 2021
Page 2
Commissioner Grendahl stated this was a great win-win with the downturn of the economy to
finish the Central Village and allow for affordable housing.
Commissioner Bergman asked if there was any indication on what businesses may be developed
in the three slabs shown on the site plan.
Community Development Director Nordquist stated it would likely be 24 months out before any
retail businesses were added to the Triangle.
Commissioner Melander commented that he is familiar with HJ Development and their reputation
for holding their centers which is an attraction to tenants and leads to long-term planning.
MOTION: of Bergman,seconded by Hooppaw,to adopt a resolution approving Dakota County
CDA Development. Ayes - 6,Nays—O.
STAFF UPDATES
City Administrator Tom Lawell provided a COVID related business impact in the hospitality
industry. He stated that City Council would be considering the liquor license fees for 2021 and a
proposal to reduce those fees by 50%to assist restaurants.
ADJOURNMENT
MOTION: by Bergman, seconded by Goodwin, to adjourn.
Respectfully Submitted,
0.Ca `Al
Breanna Vincent, Department Assistant
Approved by the Apple Valley Economic
Development Authority on May 27, 2021 Thomas O. Melander, President
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Apple EDA MEETING DATE: May27, 2021
Valley SECTION: Consent Agenda
Description:
Approve Release of Security Interest Provided by Village Pointe Plaza, LLC
Staff Contact: Department/ Division:
Breanna Vincent, Department Assistant Community Development Department
ACTION REQUESTED:
Approve release of security interest provided by Village Pointe Plaza, LLC.
SUMMARY:
During 2021, City Attorney Michael Dougherty has had the opportunity to advise the City
Council and the Economic Development Authority (EDA) concerning the funds due to the
City in connection with the sale of Lot 2, Block 1, Village Pointe Plaza (the commercial lot
adjacent to the Zvago Cooperative). Proceeds from the sale of the property were being held
in escrow by Commercial Partners Title pursuant to an Escrow Agreement entered into in
April of 2020. Following action by the City Council, the sale proceeds have been released to
the City and are fully accounted for by the finance department in the amount of$627,766.
Having received the payment, the EDA and City is obligated to release any security interest
that Village Pointe Plaza, LLC had provided to assure full payment. The City and the
Economic Development Authority had secured positions in the real estate and in other assets
pledged to secure payment.
The two documents that require action are: (1) Satisfaction of Mortgage; and (2) termination
of a Uniform Commercial Code Financing Statement.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A
ATTACHMENTS:
Agreement
Agreement
(Top 3 inches reserved for recording data)
MORTGAGE SATISFACTION
by Business Entity
DATE: May 18, 2021
THAT CERTAIN MORTGAGE owned by the undersigned,a public body corporate and a political subdivision of the State of Minnesota,dated
April 25, 2018,executed by Village Pointe Plaza LLC,as mortgagor,to Apple Valley Economic Development Authority, as mortgagee, and
recorded on April 30, 2018,as Document Number 791375, in the Office of the Registrar of Titles of Dakota County, Minnesota,is with the
indebtedness thereby secured,fully paid and satisfied.
Apple Valley Economic Development Authority
By:
Tom Melander
Its: President
By:
Pamela J.Gackstetter
Its: Secretary
State of Minnesota,County of Dakota
This instrument was acknowledged before me on May 2021, by Tom Melander as President and Pamela J. Gackstetter as Secretary
of the Apple Valley Economic Development Authority.
(Stamp)
(signature of notarial officer)
Title(and Rank):
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty,Molenda,Solfest,Hills&Bauer P.A.
7300 West 147th Street,Suite 600
Apple Valley,MN 55124
(952)432.3136
AJW 0066.35840
ECB-2052 Page 1 of 1
UCC FINANCING STATEMENT AMENDMENT
FOLLOW INSTRUCTIONS
A.NAME&PHONE OF CONTACT AT FILER(optional)
B.E-MAIL CONTACT AT FILER(optional)
C.SEND ACKNOWLEDGMENT TO: (Name and Address)
Apple Valley Municipal Center
7100 147th Street W
Apple Valley,MN 55124
J
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
1a.INITIAL FINANCING STATEMENT FILE NUMBER 1 b.❑This FINANCING STATEMENT AMENDMENT is to be filed[for record]
1014522200042 (or recorded)in the REAL ESTATE RECORDS
Filer. attach Amendment Addendum(Form UCC3Ad)and provide Debtors name in item 13
2.El TERMINATION:Effectiveness of the Financing Statement identified above is terminated with respect to the security interest(s)of Secured Party authorizing this Termination
Statement
3.❑ASSIGNMENT(full or partial): Provide name of Assignee in item 7a or 7b,and,address of Assignee in item 7c and name of Assignor in item 9
For partial assignment,complete items 7 and 9 and also indicate affected collateral in item 8
4,❑CONTINUATION: Effectiveness of the Financing Statement identified above with respect to the security interest(s)of Secured Party authorizing this Continuation Statement is
continued for the additional period provided by applicable law
5.❑PARTY INFORMATION CHANGE:
Check gm of these two boxes: AND Check me of these three boxes to:
CHANGE name and/or address: Complete ADD name: Complete item DELETE name: Give record name
This Change affects ❑Debtor pi El Secured Party of record Li item 6a or 6b;and item 7a or 7b and item 7c ,—,ADD
7a or 7b,and ,—,
7c ❑to be deleted in item 6a or 6b
6. CURRENT RECORD INFORMATION: Complete for Party Information Change-provide only me name(6a or 6b)
6a.ORGANIZATION'S NAME
OR 6b.INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX
7. CHANGED OR ADDED INFORMATION: Complete for Assignment or Party Information Change-provide only one name(7a or 7b)(use exact,full name;do not omit,modify,or abbreviate any part of the Debtor's name)
7a.ORGANIZATION'S NAME
OR 7b.INDIVIDUAL'S SURNAME
INDIVIDUAL'S FIRST PERSONAL NAME
INDIVIDUAL'S ADDITIONAL NAMES)/INITIAL(S) SUFFIX
7c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY
8.❑COLLATERAL CHANGE: Also check one of these four boxes: ❑ADD collateral ❑DELETE collateral ❑RESTATE covered collateral ❑ASSIGN collateral
Indicate collateral:
9. NAME OF SECURED PARTY OF RECORD AUTHORIZING THIS AMENDMENT: Provide only gig name(9a or 9b)(name of Assignor,if this is an Assignment)
If this is an Amendment authorized by a DEBTOR,check here ❑and provide name of authorizing Debtor
9a.ORGANIZATION'S NAME
Apple Valley Economic Development Authority
OR 9b.INDIVIDUAL'S SURNAME FIRST PERSONAL NAME ADDITIONAL NAME(S)/INITIAL(S) SUFFIX
10.OPTIONAL FILER REFERENCE DATA:
International Association of Commercial Administrators(IACA)
FILING OFFICE COPY—UCC FINANCING STATEMENT AMENDMENT(Form UCC3)(Rev.04/20/11)
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2021
Apple,. EDA MEETING DATE: May27,
Va ey SECTION: Regular Agenda
Description:
"Open to Business" Program Joint Powers Agreement
Staff Contact: Department/ Division:
Alex Sharpe, Planning and Economic Dev. Spec. Community Development Department
ACTION REQUESTED:
Approve the Joint Powers Agreement with Dakota County CDA and various participating
communities to participate in the "Open to Business" program.
SUMMARY:
Attached for your consideration is a Joint Powers Agreement with the Dakota County
Community Development Agency (CDA) for the "Open to Business" program in Dakota
County. The program is offered through the Metropolitan Consortium of Community
Developers (MCCD), and helps small businesses and entrepreneurs that need individual
advice and counseling, and access to capital in support of partnerships with local commercial
banking resources. Small businesses and entrepreneurs generate a significant number of jobs
and income, but are often unable to obtain traditional funding because they are considered too
risky by many lending institutions. The technical assistance and financing network offered by
MCCD can make a difference in creating a successful business.
As we reported to the EDA in January, the "Open to Business" program hired Natalie
Mouilso as Dakota County's Business Advisor. Ms. Mouilso is available for one-on-one
consultations, online appointments, and has been hosting business webinars since she was
hired in 2020. Ms. Mouilso provides expertise in start-up financing and business plan
development, as well as meeting with businesses at other locations at their convenience. In
addition to Apple Valley, the participating communities include Burnsville, Eagan,
Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South
St. Paul, West St. Paul, and small cities and townships in the County.
The 2021 first quarter report is attached for reference.
BACKGROUND:
N/A
BUDGET IMPACT:
The CDA will continue to administer the program and fund half of MCCD's $125,000 fee;
participating cities fund the other half of the fee. Apple Valley's cost to participate in this
program for 2021 is $6,500, which represents 50% of the total cost for the City's
participation of $13,000. This is a reduced fee from 2018-2020, where the City share was
$8,300. The funds have been allocated in the EDA's 2021 budget.
ATTACHMENTS:
Agreement
Agreement
Resolution
Report
JOINT POWERS AGREEMENT
Open to Business Program
THIS JOINT POWERS AGREEMENT (this "Agreement"), is made as of March 2, 2021,
by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the
"CDA"), a public body corporate and politic organized and existing under the laws of the State of
Minnesota(the "State"), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY
OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN
ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT
AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY,
FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL
ECONOMIC DEVELOPMENT AUTHORITY, AND WEST ST. PAUL ECONOMIC
DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government
Entity" and together the"Local Government Entities"), each a political subdivision of the State.
RECITALS:
A. In order to pursue common goals of fostering economic development, the CDA and
the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community
Developers, a Minnesota non-profit corporation ("MCCD") to undertake the "Open To Business
Program"(the"Program")within Dakota County (the "County").
B. Pursuant to the Program, MCCD will provide technical assistance and access to
capital to small business and potential entrepreneurs in the County.
C. The CDA and the Local Government Entities propose to jointly exercise their
common economic development powers to undertake the Program.
NOW, THEREFORE, in consideration of the mutual covenants and obligations of the
CDA and each of the Local Government Entities, each party does hereby represent, covenant and
agree with the others as follows:
Section 1. Representations. Each of the Local Government Entities and the CDA
makes the following representations as to itself as the basis for the undertaking on its part herein
contained:
(a) It is a political subdivision of the State of Minnesota with the power to enter
into this Agreement and carry out its obligations hereunder.
Joint Powers Agreement
(b) Neither the execution and delivery of this Agreement, the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the terms
and conditions of this Agreement is prevented, limited by or conflicts with or results in a
breach of, the terms, conditions or provisions of any restriction or any evidences of
indebtedness, agreement or instrument of whatever nature to which it is now a party or by
which it is bound, or constitutes an event of default under any of the foregoing.
Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to
this Agreement are the powers of the CDA and the Local Government Entities under Minnesota
Statutes, Chapter 469, to undertake activities to promote economic development within their
respective jurisdictions.
Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own
behalf and on behalf of the Local Government Entities, will initially enter into an agreement with
MCCD in substantially the form attached hereto as Exhibit A (the "Agreement") to engage
MCCD to operate the Program within Dakota County. The CDA and each of the Local
Government Entities will make payments to MCCD as described in Exhibit A of the Agreement.
The CDA may from time to time execute and deliver documents amending, modifying or
extending the Agreement as it deems necessary or convenient, provided, that no such document
will adversely affect services provided to, or amounts payable by, any Local Government Entity
without the prior written consent of such Local Government Entity.
Section 4. Limited Liability. Neither the CDA nor the any of the Local Government
Entities shall be liable for the acts or omissions of the other in connection with the activities to be
undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby
indemnifies the Local Government Entities for costs associated with claims made against the
Local Government Entities directly relating to actions taken by the CDA, and (b) each Local
Government Entity hereby indemnifies the CDA for costs associated with claims made against
the CDA directly relating to actions taken by such Local Government Entity. Nothing herein
shall be deemed a waiver by the indemnifying party of the limits on liability set forth in
Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on
behalf of the indemnified party, any amounts in excess of the limits on liability set forth in
Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay
on behalf of itself, its officers, agents and employees for claims arising out of the same
occurrence.
Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA
and each of the Local Government Entities, to the best of its knowledge,represents and agrees that
no member, official or employee of their respective bodies shall have any personal interest, direct
or indirect, in this Agreement, nor shall any such member, official or employee participate in any
decision relating to this Agreement which affects his or her personal interests or the interests of any
corporation, partnership, or association in which he or she is directly or indirectly interested. No
member, official or employee of the CDA or any Local Government Entity shall be personally
liable with respect to any default or breach by any of them or for any amount which may become
due to the other party or successor or on any obligations under the terms of this Agreement.
2
Joint Powers Agreement
Section 6. Term; Distribution of Property. The term of this Agreement shall expire
on December 31, 2021. There is no property which will be acquired by the CDA or any Local
Government Entity pursuant to the Program which would need to be distributed at the end of the
term hereof.
Section 7. Notices and Demands. A notice, demand or other communication under
this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt requested or delivered personally to the
person and at the addresses identified on each signature page hereto, or at such other address with
respect to either such party as that party may, from time to time, designate in writing and forward
to the other as provided in this Section.
Section 8. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
[Remainder of page intentionally left blank]
3 Joint Powers Agreement
IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this
Agreement to be duly executed in their respective names and behalf as of the date first above
written,with actual execution on the dates set forth below.
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
Dated: By
Its Executive Director
Notice Address:
Dakota County Community Development Agency
1228 Town Centre Drive
Eagan, MN 55123
Attn: Lisa Alfson, Director of Community and Economic Development
S - 1
Joint Powers Agreement
APPLE VALLEY ECONOMIC DEVELOPMENT
AUTHORITY
Dated: By
Its
By
Its
Notice Address:
7100 147th Street W.
Apple Valley, MN 55124
Attn:
S - 6
Joint Powers Agreement
Exhibit A
Contract for Services for the Open To Business Program
A- 1
Joint Powers Agreement
DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
Contract for Services
for the
Open To Business Program
THIS AGREEMENT is dated March 2, 2021 and is between the Dakota County Community
Development Agency ("CDA") and Metropolitan Consortium of Community Developers, a
Minnesota nonprofit corporation ("MCCD").
WHEREAS, the CDA, on behalf of itself and the eleven political subdivisions of the State of
Minnesota listed on Exhibit A hereto (the "Local Government Entities"), which each have
powers with respect to a city with a population over 10,000 (collectively the "Municipalities"),
wishes to engage MCCD to render services under a model known as "Open To Business," an
initiative providing small business technical assistance services to existing businesses and
residents and other parties interested in opening a business within Dakota County(the
"County") (the "Initiative"); and
WHEREAS, MCCD has successfully provided the services required to administer and carry out
the Initiative in Dakota County from 2013 - 2020; and
WHEREAS,pursuant to CDA Resolution No. 21-6387, adopted on February 16, 2021 (the
"Resolution"), the CDA is authorized to enter into this agreement with MCCD for the Initiative;
and
WHEREAS,pursuant to the Resolution and certain joint powers agreements to be entered into
between the CDA and the Local Government Entities (the "Joint Powers Agreements"), the
CDA will act as fiscal agent for the Local Government Entities in connection with this
Agreement; and
WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the
Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the
small cities and townships within the County with populations of less than 10,000 people
("Small Cities and Townships"), as further described herein and in Exhibit A; and
WHEREAS,pursuant to the Joint Powers Agreements, the Local Government Entities will be
required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A,
representing the remaining 50% of the fee charged by MCCD for the Initiative in the
Municipalities.
Now therefore, for good and valuable consideration, the receipt of which is hereby
acknowledged, the parties agree as follows:
TIME OF PERFORMANCE
The term of this Agreement and the period during which MCCD will provide services
hereunder will commence on January 1, 2021 and will end on December 31, 2021,
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
subject to earlier termination as provided herein. MCCD will perform services necessary
to carry out the Initiative as promptly as possible, and with the fullest due diligence.
COMPENSATION
Subject to reduction as provided below, the CDA will compensate MCCD for its services
hereunder an amount equal to One Hundred Twenty-Five Thousand Dollars ($125,000)
("Contract Amount"). The CDA will pay such amount in two equal installments, the first
no earlier than March 1, 2021 and the second no earlier than September 30, 2021,upon
receipt of invoices from MCCD. Subject to the limits above, payments will be due
within 15 days of receipt of the respective invoices. The portion of the Contract Amount
payable from Participation Fees will be payable by the CDA only from and to the extent
such Participation Fees are paid by the respective Local Government Entities.
In the event a Local Government Entity does not pay to the CDA its Participation Fee in
amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and
MCCD will immediately cease the Initiative in that Municipality. Upon such
termination, the Contract Amount will be reduced by an amount equal to the Participation
Fee which such Local Government Entity did not pay and the amount the CDA would
have paid as a matching payment.
SCOPE OF SERVICES
MCCD will provide technical assistance to existing businesses, residents and those
parties interested in starting a business in any of the Municipalities and Small Cities and
Townships as further described on Exhibit B and Exhibit C attached hereto, which sets
forth the Dakota Open to Business Program Scope of Services.
REPORTING
MCCD will submit quarterly reports to the CDA in form and substance acceptable to the
CDA. Reports will provide information in the aggregate for the County and will include
a sub-report for each Municipality and each of the Small Cities and Townships. Reports
will include the following information:
➢ Number of inquiries
➢ Hours of technical assistance provided
> Hours of dedicated program HRS (city initiatives, program outreach,public
events, city meetings, research, client follow-up, data/admin, general inquires)
> Type of business
> Annual sales revenue
> Number of businesses opened
> Number of business expanded/stabilized
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
➢ Number and amounts of financing packages
➢ Demographic information on entrepreneurs
➢ Business city or resident city
The required reporting schedule is as follows:
1st quarter January—March, report due April 30th
2nd quarter April—June, report due July 31'
3rd quarter July— September, report due October 31'
4th quarter October—December, report due January 31, 2022
In addition to the foregoing, MCCD will provide additional reports as reasonably
requested by the CDA or funding partners (Municipalities).
PERSONNEL
MCCD represents that it has, or will employ or contract for, at its own expense, all
personnel required to perform the services necessary to carry out the Initiative. Such
personnel will not be employees of, or have any contractual relationship with, the
County, the CDA or any of the Local Government Entities. No tenure or any other rights
or benefits, including worker's compensation, unemployment insurance, medical care,
sick leave, vacation pay, severance pay, or any other benefits available to the County's,
the CDA's or any of the Local Government Entities' employees shall accrue to MCCD or
employees of MCCD performing services under this agreement. The MCCD is an
independent contractor.
All of the services required to carry out the Initiative will be performed by MCCD and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under State and local law to perform such work.
Natalie Mouilso shall be the dedicated MCCD Initiative advisor for Dakota County,
CDA, and Local Government Entities for the duration of this contract. If there are
changes to Ms. Mouilso's position or job duties with MCCD, the CDA will informed
immediately.
USE OF CDA OFFICE SPACE
The CDA will make available a cubicle space for MCCD personnel at the CDA office
building for use by MCCD in carrying out the Initiative. MCCD personnel will have
access to the CDA's meeting rooms, wireless internet service, copy machines and
printers. MCCD personnel shall comply with all CDA office rules and policies regarding
the use of CDA office space, equipment and internet access. If the CDA, in its sole
discretion, determines that MCCD Personnel have failed to comply with CDA office
rules and policies, MCCD Personnel will be required to vacate the CDA office and the
CDA will cease to provide MCCD office space to carry out the Initiative.
3
DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
Even though the CDA office is not open to the public, due to the COVID-19 pandemic,
MCCD personnel may utilize office space, as needed, but shall not meet any external
parties in the CDA office.
INTEREST OF MEMBERS OF THE CDA AND OTHERS
No officer, member, or employee of the CDA and no member of its governing body, and
no other public official or governing body of any locality in which the Initiative is
situated or being carried out,who exercises any functions or responsibilities in the review
or approval of the undertaking or carrying out of the Initiative,will participate in the
decision relating to this Agreement which affects his/her personal interest or the interest
of any corporation,partnership, or association in which he/she is, directly or indirectly,
interested or has any personal or pecuniary interest, direct or indirect, in this Agreement.
ASSIGNABILTY
MCCD will not assign any interest in this Agreement, and will not transfer any interest in
the same without the prior written approval of the CDA.
COMPLIANCE WITH LOCAL LAWS
MCCD agrees to comply with all federal laws, statutes and applicable regulations of the
State of Minnesota and the ordinances of the Local Government Entities.
INSURANCE
MCCD agrees at all times during the term of this Agreement, and beyond such term when
so required, to have and keep in force the following insurance coverages:
Limits
1. Commercial General Liability on an occurrence
basis with contractual liability coverage:
General Aggregate $2,000,000
Products—Completed Operations Aggregate 2,000,000
Personal and Advertising Injury 1,500,000
Each Occurrence—Combined Bodily
Injury and Property Damage 1,500,000
2. Workers' Compensation and Employer's Liability:
Workers' Compensation Statutory
In the event that MCCD should hire employees or
subcontract this work, MCCD shall obtain the
required insurance.
Employer's Liability. Bodily injury by:
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
Accident—Each Accident 500,000
Disease—Policy Limit 500,000
Disease—Each Employee 500,000
INDEMNIFICATION
MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local
Government Entities, and each of their respective officials, officers, agents, volunteers
and employees from any liability, claims, causes of action,judgments, damages, losses,
costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly
from any act or omission of MCCD, its subcontractors, anyone directly or indirectly
employed by MCCD or any of its subcontractors, and/or anyone for whose acts and/or
omissions MCCD may be liable in the performance of the services required by this
Agreement, and against all loss by reason of the failure of MCCD to perform any
obligation under this Agreement.
NOTICES
A notice, demand, or other communication under the Agreement by either party to the
other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid,
return receipt requested, or delivered personally; and
(a) In the case of MCCD, is addressed or delivered personally to:
Metropolitan Consortium of Community Developers
3137 Chicago Avenue South
Minneapolis, MN 55407
(b) In the case of the CDA is addressed or delivered personally to:
Lisa Alfson, Director of Community and Economic Development
Dakota County Community Development Agency
1228 Town Centre Dr.
Eagan, MN 55123
or at such other address with respect to any party as that party may designate in writing
and forward to the other as provide in the Section.
MODIFICATION
This Agreement may not be modified, changed, or amended in any manner whatsoever
without the prior written approval of all the parties hereto.
NON-DISCRIMINATION
In connection with its activities under this Agreement, MCCD will not violate any
Federal or State laws against discrimination.
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
DEFAULT AND CANCELLATION
Failure of the MCCD to perform any of its obligations under this Agreement to the
satisfaction of the CDA will constitute a default hereunder.
Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA
may(i) cancel this Agreement in its entirety by 5 additional days' written notice to
MCCD, or(ii) withhold payment from MCCD as long as such default continues.
MINNESOTA LAWS GOVERN
The Laws of the State of Minnesota shall govern all questions and interpretations
concerning the validity and construction of this Agreement and the legal relations
between the parties and their performance. The appropriate venue and jurisdiction for
any litigation will be those courts located within the County. Litigation, however, in the
federal courts involving the parties will be in the appropriate federal court within the
State of Minnesota. If any provision of this Agreement is held invalid, illegal or
unenforceable, the remaining provisions will not be affected.
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
ByrDocuSigned by:
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Tony Schertler, Executive Director
3/10/2021
Date:
MCCD
DocuSigned by:
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By: bbESoSULA41(A4:5(;...
Printed Name: Elena Gaarder
Printed Title: Chief Executive Officer
Date: 3/2/2021
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
Exhibit A
2021 Local Government Entity Participation Fee Schedule
Municipality Local Government Total CDA Local Government
Entity Fee Share of Entity Participation
Fee Fee
Eagan Economic Development
Eagan Authority $15,000 $7,500 $7,500
City of Burnsville
Burnsville $15,000 $7,500 $7,500
City of Lakeville
Lakeville $15,000 $7,500 $7,500
Apple Valley Economic
Apple Valley Development Authority $13,000 $6,500 $6,500
Inver Grove Heights Economic
Inver Grove Development Authority $11,000 $5,500 $5,500
Heights
Hastings Economic
Hastings Development and $9,000 $4,500 $4,500
Redevelopment Authority
Rosemount Port Authority $9,000 $4,500 $4,500
Rosemount
Farmington Economic $9,000 $4,500 $4,500
Farmington Development Authority
South St. Paul Economic $9,000 $4,500 $4,500
South St. Paul Development Authority
West St. Paul Economic $9,000 $4,500 $4,500
West St. Paul Development Authority
Mendota City of Mendota Heights $5,000 S2,500 $2,500
Heights
Small Cities n/a $6,000 $6,000 $0
and Townships
Total $125,000 $65,500 $59,500
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
Exhibit B
Dakota Open To Business Program Scope of Services
Open To Business ("OTB") Technical Assistance Services
MCCD will provide intensive one-on-one technical assistance to Municipalities' and Small
Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish,
purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota
County(the "County"). MCCD will dedicate one full time staff person based in the County to
provide the Technical Assistance Services ("Dakota OTB Staff'). In addition, MCCD will make
available the expertise of all MCCD technical and support staff in the delivery of services to
Dakota Open to Business Program. Technical assistance includes, but is not limited to, the
following:
> Business plan development
> Feasibility analysis
> Marketing
> Cash flow and other financial projection development
> Operational analysis
> City and State licensing and regulatory assistance
> Loan packaging, and other assistance in obtaining financing
> Help in obtaining competent legal advice
MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various
Municipality city halls or at the client's place of business. During the COVID-19 pandemic,
MCCD Dakota OTB staff will only meeting clients in-person if the MCCD Dakota OTB staff are
comfortable; otherwise, client meetings will be held virtually and/or on the phone.
Open To Business Access to Capital
Access to capital will be provided to qualifying businesses through MCCD's Emerging Small
Business Loan Program(see Exhibit C Small Business Loan Program Guidelines below).
MCCD also provides it's financing in partnership with other community lenders, banks or Local
Government Entities interested in making capital available to residents and/or businesses in their
community.
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DocuSign Envelope ID:537872C2-F448-4E21-ACF6-36678EDDDF2F
EXHIBIT C
Small Business Loan Program Guidelines
Loan Amounts:
• Up to $25,000 for start-up businesses
• Larger financing packages for established businesses
• Designed to leverage other financing programs as well as private financing provided by
the commercial banking community.
Eligible Projects:
• Borrowers must be a"for-profit"business.
• Business must be complimentary to existing business community.
• Borrowers must have equity injection as determined by fund management.
Allowable Use of Proceeds:
• Loan proceeds can be used for working capital, inventory, building and equipment and
general business operations.
Interest Rates:
• Loan interest rate is dependent on use, term and other factors, not to exceed 10%.
Loan Term Length:
• Loan repayment terms will generally range from three to five years, but may be
substantially longer for major asset financing such as commercial property.
Fees and Charges:
• Borrowers are responsible for paying all customary legal and other loan closing costs.
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DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY
BOARD OF COMMISSIONERS
Meeting Date: February 16, 2021 Resolution No. 21-6387
Motion by Commissioner Hamann-Roland Seconded by Commissioner Atkins
Authorization To Enter Into One Year Participation Agreement For Open To Business Program
WHEREAS, the Dakota County Community Development Agency (CDA)was granted the powers of an
economic development authority in 2000 by Minnesota Law and an authorizing resolution adopted by the
Dakota County Board of Commissioners (Resolution No. 00-543); and
WHEREAS, the CDA in conjunction with the 11 largest cities in Dakota County launched the countywide Open
To Business program in 2013 to provide business advisory services and access to capital to entrepreneurs and
small businesses in Dakota County; and
WHEREAS, the CDA and 11 cities have annually renewed participation in the Open To Business program since
2013, with the CDA as the fiduciary agent and administrator of the contract with Metropolitan Consortium of
Community Developers (MCCD) and joint powers agreements executed between each participating city and the
CDA; and
WHEREAS, the cost for the 2021 Open To Business program is $125,000; and
WHEREAS, the CDA portion of the annual cost of the program is fifty percent (50%) match for each participating
city, as well as covering the cost of serving the small cities and townships; and
WHEREAS, the Open To Business program is consistent with the Economic Development Strategy and Guiding
Principles adopted by the Dakota County CDA Board of Commissioners, in that it results from a collaborative
approach; it is a response to a need for specialized expertise and economies of scale; it serves a need that is
located in more than one community; and it is non-duplicative of other services.
NOW, THEREFORE, BE IT RESOLVED by the Dakota County Community Development Agency Board of
Commissioners, hereby:
1. Approves CDA participation in the Open To Business program for 2021 subject to participation of the
Dakota County cities.
2. Authorizes the Executive Director to execute a contract with MCCD for an amount not to exceed
$125,000/annually, of which the CDA's portion of the fee shall not exceed $65,000, subject to approval
by the County Attorney's Office as to form.
3. Authorizes the Executive Director to execute a Joint Powers Agreement between the CDA and the
participating cities, designating the CDA as fiscal agent for the contract with MCCD and requiring each city
to submit a participation fee to the CDA, subject to approval by the County Attorney's Office as to form.
I,Sarah Jacobson,as designee of the Executive Director,pursuant to the
Dakota County Community Development Agency bylaws,do hereby certify Aye Nay Absent Abstain
that I have compared the foregoing copy of a resolution with the original Slavik ® ❑ ❑ ❑
minutes of the proceedings of the Dakota County Community Development
Agency Board of Commissioners,at their regular session held on the 16th Gaylord ® ❑ ❑ ❑
day of February 2021,now on file in the in the CDA Administration Halverson ® ❑ ❑ ❑
Department,and have found the same to be a true and correct copy Atkins ® ❑ ❑ ❑
thereof.Witness my hand and official seal of Dakota County CDA this 19th Workman ® ❑ ❑ ❑
day of February 2021. Holberg ❑ ❑ ® ❑
V-r4)\- Hamann-Roland ® ❑ ❑ ❑
Administrative Coordinator
Page 1 of 1
rul
Dakota County Quarterly Report—3.31.2021
OPEN Open to Business
3137 Chicago Ave
Minneapolis, MN 55407
TO INESS
612-789-7337
Updates
Industry Segment
BUILDING OPPORTUNITY
F /ICCD 30 Construction/ Real Estate 7
Food 11
YEARS Metropolitan Consortium of Community Developers Health/Fitness 5
Manufacturing 2
Clients Served Consulting 6
Retail 16
Service 16
Client Inquiry 3 Technology 3
Existing-Challenged 14 Wholesale/Distribution 1
Existing-Opportunity 26 Other 6
Pre-start planning 21 Total 73
Start-up 9
Total 73 Referral Source
Business Owner Demographics Bank Referral 3
Entrepreneur 2
Low-Income Owned 22 Friends and Family 3
BIPOC or Immigrant Municipality 41
Owned 25 MCCD Partner 8
Woman Owned 41 Other 6
Web 10
Financing&Access to Capital Total 73
Approved (YRLY Total) $ 5,000.00 City Business Resident
Equity (YRLY Total) $ 6,000.00
Facilitated (YRLY Total) $ 25,000.00
Apple Valley 6 4
Program Hours Burnsville 11 13
TA Program HRS Eagan 8 6
15t QTR 281.25 318 Farmington 8 9
Total 281.25 318 Hastings 9 7
Inver Grove 5 5
TA: Client Meetings, Providing Resources, Client Calls, Lakeville 5 6
Client Deliverables, Loan Packaging Rosemount 4 5
Mendota Heights 2 2
Program HRS: City Initiatives, Program Outreach, Public
Events, City Meetings, Research, Client Follow Up, South St. Paul 3 3
Data/Admin, General Inquiries West St. Paul 7 5
Other/No Data 5 8
Dakota County Quarterly Report
Direct Financing&Access to Capital*
In recent months there has been unprecedented opportunities for small business relief capital in the
form of grants as well as low-cost and forgivable loans which has contributed to reduced demand for
traditional small business lending. MCCD staff has focused our efforts on directing clients to the
available relief grants and loans. Recently we have seen traditional lending inquiries from clients and
financial partners pick up again as businesses are stabilizing and shifting back into growth mode.
Loan Closed -(Q2-2021):
Business Type: Dessert Vendor with Food Trailer
Location: Inver Grove Heights
Referred by: Partner Organization
OTB Financing: $5,000.00
Owner Equity: $6,000.00
Other Financing: $25,000.00
Overview:This 100% BIPOC-woman-owned dessert business sells sweets at festivals and pop-up events
on a seasonal basis. The business owner is growing her business by investing in a fully equipped food
trailer. This investment will result in new efficiencies for the business as she has been operating as a
food stand and spends valuable time and resources setting up, loading equipment, traveling back and
forth to events, and packing up when weather is bad. The new trailer will allow her to focus more time
on her customers and give her increased flexibility.
The financing secured comes after working closely with Open to Business for approximately 24 months.
In that time,the business owner has built her branding, social media presence, budgeting skills, and
financial projections in preparation for the loan request with her credit union. The total funding is
$36,000. OTB is directly financing the purchase of baking equipment for the build-out of the trailer, as
well as working capital for the overall project.
*Does not capture relief loans/grants/funding facilitated by MCCD staff.
Q1 Highlights, Networking, & Outreach
• MCCD is building on our existing relationships with local partners and institutions to bring group
learning opportunities to small business owners and entrepreneurs in the form of webinars and
Q&A sessions.
o The first group learning session kicked off in March. MCCD facilitated and hosted a
virtual Q&A session where attendees heard from a panel of legal experts from the
University of Minnesota Law School on a range of business law topics. The session was
recorded and will remain a reference tool in MCCD's resource library for staff and clients
going forward.
o Dates for future events will be announced in the coming weeks. Business owners and
entrepreneurs who wish to stay informed about future events and learning
opportunities can email events@mccdmn.org to subscribe.
• Meetings, presentations, webinars, and events that occurred in Q1 and early April include the
City of Burnsville presentation on Jan 27, City of Apple Valley presentation Jan 28,Wings
Financial meeting on Feb 11, Dakota Co. Library webinar Feb 16, Dakota County CDA
presentation on Feb 16, Inver Hills Community College webinar Feb 23, City of Eagan check in
Mar 1, Dakota Co. Library webinars Mar 2 & Mar 9,virtual attendance at South Saint Paul State
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Dakota County Quarterly Report
of the City Mar 11,virtual attendance at the City of Burnsville State of the City Mar 17, virtual
attendance at Lakeville Chamber Event Mar 18, hosted the U of M Law Clinic Q&A webinar on
Mar 25, South Saint Paul presentation Apr 5, Mendota Heights presentation Apr 6, Northeast
Bank meeting Apr 8.
• Meetings, presentations, and events slated for Q2 include the City of Rosemount presentation
on April 20,virtual attendance at Farmington State of the City on April 29,virtual attendance at
Eagan State of the City May 27, City of Eagan check in June 14.
• Virtual office hours continue to be available Mondays and Wednesdays from 1—3 PM and
Friday mornings from 9:30—noon. The signup link is in my email signature. Please share with
clients and contacts as you see fit.
• MCCD recently joined EDAM with an Organizational Membership. We look forward to seeing
those that are members at future events.
• OTB's Business Boot Camp is accepting applications. The program is designed to provide
support and in-depth assistance specifically for existing businesses. Over the course of four
weeks, participants engage in a multi-session curriculum tailored to their business needs and
goals. Working with a team of advisors, participants will dedicate focused time to set strategic
objectives,think critically, and develop strategies relevant to their unique situation. Boot Camp
graduates finish the program with a custom work plan and actionable steps to take to reach
their goals. Visit www.mccdmn.org/bootcamp for more information. The first "graduate" is a
Hasting business owner who found the program to be rewarding and valuable.
• A refreshed Client Intake Form now includes intersectional and diverse identity options for
gender and race. The form also now offers an opt-in where clients may elect to receive updates
from MCCD/OTB regarding new programs and business resources via email.
• In keeping with MCCD's core values of stewardship and accountability, quarterly Open to
Business reports now include data on the number of business served that are owned by
individuals who are low income, BIPOC or immigrant,and women.
• MCCD in pleased to announce that Chipo Monga joined the Loan Operations team as a full time
Loan Specialist Associate. Chipo's role on the front-end of loan servicing sees that both internal
and external loan queries are handled in a timely and professional manner. Originally from
Zambia,which has more than 70 dialects and languages, Chipo speaks Tonga/Nyanja and Bemba
fluently.
• Staff photos and bios are now live on the website. Get to know the whole MCCD team at
www.mccdmn.org/about/5-staff-directory
Selected Client Feedback
• "It feels great to finally get my books in order, thank you so much!" Eagan Business Owner,
Landscaping Industry
• "Thank you for sending the grant opportunity to me earlier last month. We got the grant. :)) It
will help a lot." Farmington Business Owner, Construction Industry
• "Today is our grand opening and I'd love for you to stop in!!! Thank you so much for all the help
you have been giving me!!!" Burnsville Business Owner, Retail Industry
• "Thank you for meeting with me last week and for all of the great ideas and pointers you shared!
Our meeting was so helpful!" Lakeville Business Owner, Service Industry
• "Thank YOU for being such a great resource for our community!"Chamber Contact in Dakota Co.
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