HomeMy WebLinkAbout08/22/2013 EDA Meetingcity of Apple
Va ley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
NOTICE: The Apple Valley Economic Development Authority will hold a
Special meeting at the Municipal Center, on Thursday,
August 22, 2013, at 6:30 p.m. to consider the items listed in the
following agenda:
AUGUST 22, 2013
ECONOMIC DEVELOPMENT AUTHORITY TENTATIVE AGENDA
6:30 P.M.
1. Call to Order.
2. Approval of Agenda.
3. Approval of Minutes of January 24, 2013.
4. Approve $15,000 Funding Request for Consultant's Work Related to Implementation
of BRTOD Guide Plan and Ordinance.
5. Adopt Resolution Authorizing Execution of Tax Increment Revenue Note for Apple
Valley Business Campus.
6 Adjourn.
(Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org)
ECONOMIC DEVELOPMENT AUTHORITY
City of Apple Valley
Dakota County, Minnesota
January 24, 2013
Minutes of the special meeting of the Economic Development Authority of Apple Valley, Dakota
County, Minnesota, held January 24, 2013, at 7:00 o'clock p.m., at Apple Valley Municipal
Center.
PRESENT: Commissioners Severson, Bergman, Goodwin, Grendahl, Hamann-Roland,
Hooppaw, and Melander.
ABSENT:
City staff members present were: Executive Director Lawell, City Attorney Dougherty,
Community Development Director Nordquist, Planner Bodmer, and Department Assistant
Murphy.
APPROVAL OF AGENDA
Meeting was called to order at 10:05 p.m. by President Severson.
MOTION: of Grendahl, seconded by Goodwin, approving the agenda. Ayes - 4 - Nays - 0.
APPOINTMENT OF OFFICERS
MOTION: of Goodwin, seconded by Melander, adopting Resolution No. EDA-13-01
appointing 2013 officers of the Economic Development Authority as: President —
Severson, Vice-President — Goodwin, Secretary — Gackstetter, Treasurer —
Hooppaw, and Assistant Treasurer — Gackstetter. Ayes - 4 - Nays - O.
APPROVAL OF MINUTES
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the special meeting
of January 8, 2013, as written. Ayes - 4 - Nays — 0.
CONTINUE PUBLIC HEARING FOR BUSINESS SUBSIDY AGREEMENT WITH IMH, LLC,
PARKSIDE VILLAGE
Community Development Director Bruce Nordquist stated that on January 8, 2013, the Apple
Valley Economic Development Authority acted to open and continue a public hearing on a
business subsidy agreement with IMH, LLC Parkside Village.
Commissioners Bergman, Hamann-Roland and Hooppaw joined the meeting at 10:07.
Tammy Omdal was available to resubmit information regarding evaluation of public assistance for
the Parkside Village project that she previously introduced earlier in the evening at the City
Council meeting. Commissioners decided the report by Ms. Omdal could be reviewed by the
video from the City Council meeting.
Economic Development Authority
City of Apple Valley
Dakota County, Minnesota
January 24, 2013
Page 2
Discussion followed.
President Severson closed the public hearing at 10:13 p.m.
MOTION: of Hamann-Roland, seconded by Goodwin, adopting Resolution No. EDA 2013-02
for a Business Subsidy Agreement with IMH, LLC. Ayes - 6 - Nays — 1 - Grendahl.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. EDA 2013-03 for the
Execution of a Development Assistance Agreement with IMH, LLC. Ayes - 6 -
Nays — 1 — Grendahl.
PROJECT UPDATES
Community Development Director Bruce Nordquist provided an update on the Apple Valley
Business Campus that tenants are now leasing the facility.
ADJOURNMENT
MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 7 - Nays - 0.
The meeting was adjourned at 10:16 p.m.
Respectfully Submitted,
Murphy, Departm nt AssA ant
Approved by the Apple Valley conomic Development Authority on
Community Development
TO: Economic Development Authority Board Members and Executive Director
FROM: Kathy Bodmer, Planner
MEETING
DATE: August 22, 2013
SUBJECT: BRTOD Study Phase II
Attached for the Apple Valley Economic Development Authority's consideration are a grant agreement and
contract for professional services that would accept grant funding and hire a consultant to complete the BRTOD
Guide Plan Phase 2 Implementation project. The BRTOD Guide Plan will be used to guide development and
redevelopment of the V2-mile area surrounding the Cedar Avenue transit stations. At its January 24, 2013,
meeting, the City Council authorized staff to submit an application for a $15,000 Dakota County CDA
Redevelopment Planning Grant which requires a match of $15,000. The EDA is requested to consider providing
the $15,000 match from funds available to the EDA.
In 2012, the City hired Hoisington Koegler Group Inc. (HKGi) to prepare the Cedar Avenue Transitway Bus
Rapid Transit Oriented Development Guide Plan ("BRTOD Guide Plan') which provides a draft set of design
guidelines and a template for a BRTOD ordinance. The $30,000 funding received from the Dakota County
Redevelopment Planning Grant and EDA match for the BRTOD Guide Plan Phase 2 Implementation would be
used to refine and then implement the draft regulatory measures and design guidelines that were prepared in
connection with the Guide Plan and would include the following tasks:
• Strengthen Understanding of BRTOD and Agree to Move Forward. The BRTOD Guide Plan will be
presented to stakeholders including property owners/business owners, Planning Commission, and City
Council to further refine the vision and build consensus for BRTOD.
O Prepare a Comprehensive Plan Amendment. An amendment is needed to both the Land Use Map and the text
of the plan to provide specific guiding policies concerning development and redevelopment within the
BRTOD overlay area. The Comprehensive Plan will provide an overlay that will allow for rezoning of
properties as property owners are ready to reposition their properties. The over lay approach ensures that
existing property uses do not become nonconforming by City action.
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City of Apple
MEMO
Complete the Design Guidelines. Design guidelines will include development standards for site development,
buildings, transit stations, streets, parking, trails/sidewalks, open space/greenways/plazas, landscaping,
signage and lighting.
Establish a BRTOD Zoning District. The final step will be the completion of the ordinance that will regulate
development and redevelopment in the station areas as property owners are ready to reposition their
properties. Building height, bulk and dimensional standards will be addressed.
Recommended Actions:
1. Approve the attached Dakota County Community Development Agency Redevelopment Incentive
Grant Program Planning Grant Agreement for $15,000 with a $15,000 match and authorize the
Vice President and the Secretary to sign the necessary documents.
2. Approve the attached contract between the City of Apple Valley Economic Development
Authority and Hoisington Koegler Group Inc. for Professional Consulting Services for the Cedar
Avenue BRTOD Guide Plan Phase II Implementation and authorize the Vice President and
Secretary to sign the contract.
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY
REDEVELOPMENT INCENTIVE GRANT PROG
PLANNING GRANT AGREEMENT
,
THIS GRANT AGREEMENT entered into this 2nd day of May 2013 by and between
the Dakota County Community Development Agency, a public body corporate and
politic (the "Agency"), and the City of Apple Valley, a political subdivision of the State
of Minnesota (the "Grantee").
WHEREAS, pursuant to Resolution No. 06-4092 the Agency has established the
Redevelopment Incentive Grant Program (the "Program") to improve the tax base and
quality of life in Dakota County by assisting municipal redevelopment efforts and
promoting the development of affordable housing; and
WHEREAS, the activities to be undertaken under the Program are all activities that the
Agency could undertake directly pursuant to Minnesota Statutes, §§469.001 to 469.047
and 469.090 to 469.1082; and
WHEREAS, this Agreement shall constitute a cooperation agreement between the
parties, as contemplated by Minnesota Statutes, §§469.041, clause (8) and 469.101,
subdivisions 5 and 14; and
WHEREAS, the Grantee submitted an application for a Redevelopment Incentive
Planning Grant (the "Application") in response to a request for proposals issued by the
Agency and will use the grant funds made available under this Agreement to help fund
the planning project identified in Attachment A (the "Project"); and
WHEREAS, the Agency has concluded that the Grantee has the necessary expertise,
skill and ability to successfully complete the Project and that the Project is in the best
interests of the Agency and will positively contribute to meeting the goals of the
Program; and
WHEREAS, the Grantee is a municipality of Dakota County that is supportive of the
Agency's mission and of the development of affordable housing; and
WHEREAS, the Agency agrees to provide grant funds to the Grantee pursuant to the
Program and Resolution No. 13-5204, subject to the terms, conditions, and clarifications
hereof.
NOW THEREFORE, in consideration of the mutual covenants and agreement
contained herein, the Agency and the Grantee agree as follows:
1
ARTICLE 1: TE
S OF GRANT
1.01 Grant Amount: The Agency agrees to provide a grant to the Grantee in the
amount of Fifteen Thousand Dollars ($15,000.00) (the "Grant") from the Program upon
the terms and conditions and for the purposes set forth in this Agreement.
1.02 Match Requirement: The Grantee shall match the total Grant amount received
from the Agency based upon the expenditure of one dollar ($1.00) of Grantee funds
("Matching Funds") for each one dollar ($1.00) of Grant funding. Such Matching Funds
shall (a) constitute the actual expenditure of Grantee funds on the Project described in
Attachment A and not "in kind" contributions and (b) be in balance at the time of each
Grant disbursement pursuant to Section 1.06 hereof. The source and amount of Matching
Funds shall be identified by the Grantee in each Reimbursement Request, as described in
Section 1.06.
1.03 Use of Funds: The Grantee agrees to use the proceeds of the Grant solely for the
purposes and activities described in Attachment A. A Project summary that identifies
eligible uses of Grant proceeds, as approved by the Agency, is contained in Attachment A
("Eligible Uses").
1.04 Grant Term: The Project shall be completed in a timely manner and all Grant
funds will be expended upon the later of (a) eighteen (18) months of the date of this
Agreement or (b) December 31, 2014 (the "End Date"). For purposes of this Agreement
"Completed" means submission of the final planning report to the Agency.
1.05 Term Extension: The End Date may be extended beyond the original End Date at
the sole discretion of the Executive Director of the Agency. The Grantee must submit
any extension request in writing at least thirty (30) calendar days prior to the End Date (a)
stating the reason for the extension request, (b) providing a proposed new End Date and
(c) describing in reasonable detail proposed changes to the Project activities and budget,
if any. The End Date may be extended only once and the extension shall not exceed one
(1) year beyond the original End Date.
1.06 Disbursement of Grant Funds: The Agency will disburse Grant funds in response
to written reimbursement requests ("Reimbursement Requests") submitted to the Agency
by the Grantee upon forms provided by the Agency and accompanied by (a) copies of
bills and invoices from third parties for which Grantee seeks reimbursement and (b) proof
of expenditure of Matching Funds in an amount at least equal to the amount of the
Reimbursement Request. Subject to verification of the facts contained in each
Reimbursement Request and a determination of compliance with the terms of this
Agreement, the Agency will disburse the requested amount to the Grantee within
fourteen (14) days after receipt of each Reimbursement Request.
1.07 Release of Unused Grant Funds: Upon the earlier of (a) Completion of the
Project or (b) the End Date (the "Grant Release Date"), any Grant funds not previously
2
disbursed to the Grantee for any reason shall be automatically released from the terms of
this Agreement.
ARTICLE 2: ACCOUNTING, AUDIT AND REPORTING REQUIREMENTS
2.01 Accounting and Records: The Grantee agrees to accurately and completely
establish and maintain detailed accounts and records relating to the receipt and
expenditure of all Grant funds received under this Agreement. Such accounts and records
shall be kept and maintained by the Grantee for a period of six (6) years following the
Grant Release Date. Such financial records shall sufficiently evidence the nature and
expenditure of all Match Funds required. Accounting methods shall be in accordance
with generally accepted accounting principles.
2.02 Audits: The accounts and records of the Grantee described in Section 2.01 shall
be audited in the same manner as all other accounts and records of the Grantee and may,
for a period of six (6) years following the Grant Release Date, be inspected on the
Grantee's premises by the Agency or individuals or organizations designated by the
Agency, upon reasonable notice thereof to the Grantee. The books, records, documents
and accounting procedures relevant to this Agreement are subject to examination by the
State Auditor in accordance with State law.
2.03 Report Requirements: The Grantee shall periodically report to the Agency
regarding the status of Project activities and the expenditures of the Grant funds. Reports
are due on each May 31 and November 30 during the Grant term, as defined in Section
1.04. A final report is due sixty (60) days following the Grant Release Date. This
reporting requirement and all others required in this Agreement shall survive the
termination or expiration of this Agreement.
2.04 Public Bidding: The Grantee, in the expenditure of Grant funds, shall at all times
comply with the requirements of Minnesota Statutes, § 469.O15 and 471.345.
ARTICLE 3: GRANTEE REPRESENTATIONS AND WA
I • A
NTIES
3.01 Authority: Grantee warrants that it is duly organized under applicable laws of the
State of Minnesota and that it has authority to execute, deliver, and perform its
obligations under this Agreement.
3.02 Use of Grant Funds: Grantee warrants that it shall use the proceeds of the Grant
solely for Eligible Uses in accordance with Section 1.03 hereof.
3.03 Acknowledgements: The Grantee shall acknowledge the assistance provided by
the Agency and Dakota County in promotional materials, press releases, reports and
publications relating to the Project activities that are funded in whole or in part with the
Grant funds. The acknowledgement should contain the following language: "Financing
for this project was provided by the Dakota County CDA Redevelopment Incentive Grant
Program and support from Dakota County".
3
3.04 Assignment: Grantee shall not cause or permit any voluntary transfer,
assignment, or other conveyance of this Agreement without the written consent of the
Agency, which said consent may be withheld it the Agency's sole discretion. Any non-
approved transfer, assignment or conveyance shall be void.
3.05 Indemnification: Grantee shall defend, hold harmless and indemnify the Agency
and its elected and appointed officials, officers, agents and employees from and against
all claims, liability, costs expenses, loss or damages of any nature whatsoever, including
reasonable attorney's fees, arising out of or in any way connected with its failure to
perform its covenants and obligations under this Agreement and any of its operations or
activities related thereto, excluding the willful misconduct or the gross negligence of the
person or entity seeking to be defended, indemnified, or held harmless. The provisions of
this paragraph shall survive the termination of this Agreement. This indemnification
shall not be construed as a waiver on the part of either the Grantee or the Agency of any
immunities or limits on liability provided by applicable State law.
ARTICLE IV: DEFAULT AND REMEDIES
4.01 Default Defined: The term "Default" shall mean, whenever it is used in this
Agreement (a) any failure by the Grantee to substantially observe or perform any material
covenant, condition, obligation or agreement on its part to be observed or performed
hereunder or (b) any material breach of any representation set forth herein.
4.02 Remedies: Whenever a Default occurs, the Agency may immediately, without
notice, suspend its performance under this Agreement. After providing thirty (30) days
written notice to Grantee of a Default, but only if the alleged Default has not been cured
within said thirty (30) days or, if the alleged Default cannot be cured within said thirty
(30) days, within such time as is reasonably determined by the Agency as necessary to
cure (assuming Grantee diligently pursues such cure), the Agency may (a) terminate this
Agreement by written notice, upon which all non-disbursed Grant Funds shall be
released, and/or (b) pursue whatever action, including legal, equitable or administrative
action, which may appear necessary or desirable to collect any amounts due under this
Agreement or to enforce the performance and observance of any obligation, agreement,
or covenant hereof.
4.03 No Remedy Exclusive: No remedy herein conferred upon or reserved to the
Agency is intended to be exclusive of any other available remedy or remedies, but each
and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute.
No delay or omission to exercise any right or power accruing upon any Default shall
impair any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient. In order to entitle the Agency to exercise any remedy reserved to it, it shall
not be necessary to give notice, other than such notice as provided in Section 4.02.
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4.04 No Additional Waiver Implied by One Waiver: In the event any agreement
contained in this Agreement should be breached by the Grantee and thereafter waived by
the Agency, such waiver shall be limited to the particular breach so waived and shall not
be deemed to waive any other concurrent, previous or subsequent breach hereunder.
ARTICLE 5: GENERAL PROVISIONS
5.01 Amendments: The Agency and the Grantee may amend this Agreement by
mutual agreement and shall be effective only on the execution of written amendments
signed by authorized representatives of the Agency and the Grantee.
5.02 Equal Opportunity: The Grantee agrees it will not discriminate against any
employee or applicant for employment because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, membership or activity
in local civil rights commission, disability, sexual orientation or age and will take
affirmative action to insure applicants and employees are treated equally with respect to
all aspects of employment, rates of pay and other forms of compensation, and selection
for training.
5.03 Conflict of Interest: The members, officers and employees of the Grantee shall
comply with all applicable state statutory and regulatory conflict of interest laws and
provisions.
5.04 Severability: If one or more provisions of this Agreement are found invalid,
illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining
provisions shall not in any way be affected, prejudiced, disturbed or impaired thereby,
and all other provisions of this Agreement shall remain in full force.
5.05 Time: Time is of the essence in the performance of the terms and conditions of
this Agreement.
5.06 Contacts: Reimbursement Requests, written reports and correspondence
submitted to the Agency pursuant to this Agreement shall be directed to:
Dakota County CDA
Attn: Assistant Director of Community & Economic Development
1228 Town Centre Drive
Eagan, MN 55123
Any notice, demand, or other communication under the Agreement to the Grantee shall
be sufficiently given or delivered if it is dispatched by registered or certified mail,
5
postage prepaid, return receipt requested, or delivered personally to Grantee at:
City of Apple Valley
Attn: Bruce Nordquist, Community Development Director
7100 147 St. W.
Apple Valley, MN 55124
or at such other address that Grantee may, from time to time, designate in writing.
Mailed notices shall be deemed duly delivered two (2) business days after the date of
mailing.
5.07 Warranty of Legal Capacity: The individuals signing this Agreement on behalf of
the Grantee and on behalf of the Agency represent and warrant on the Grantee's and the
Agency's behalf respectively that the individuals are duly authorized to execute this
Agreement on the Grantee's and the Agency's behalf, respectively and that this
Agreement constitutes the Grantee's and the Agency's valid, binding and enforceable
agreements.
5.08 Counterparts: This Agreement may be executed in multiple counterparts, and all
such executed counterparts shall constitute the same Agreement. It shall be necessary to
account for only one (1) such counterpart executed by each party hereto in proving the
existence, validity or content of this Agreement.
IN WITNESS WHEREOF, the Grantee and the Agency have caused this Agreement to
be executed by their duly authorized representatives. This Agreement is effective on the
date of final execution by the Agency.
Agency: The Dakota County Community Development Agency
By:
Dated:
Mark S. Ulfers, Executive Direc
7
Grantee: The City of Apple Valley
Economic Development Authority
And
By:
Thomas C. Goodwin, Vice-President
By:
Pamela J. Gackstetter, Secretary
Dated:
8
ATTACHMENT A
' Planning Project Name: BRTOD Guide Plan
Location: Cedar Avenue Transitway stations stops — 140 Street, 147 th Street, and
155 Street
Redevelopment Planning Project Description: Complete design guidelines (including
building height, development density, etc); prepare Comprehensive Plan amendment;
and establish a BRTOD Zoning District.
Project Activities:
Guide Plan
[ Funding Sources:
City of Apple Valley
Dakota County RIG
Budget:
$30,000
Amounts:
[ $15,000
; $15,000
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9
Creative Solutions for Land Planning and Design
August 19, 2013
Ms. Kathy Bodmer, AICP
City of Ap |eVaUey
7100 147 Street West
Apple Valley, MN 55124
Re: Contract for the Phase II BRTOD Guide Plan Implementation
Dear Ms. Bodmer:
This letter outlines a Scope of Services, Fee Schedule and other element which together constitute an
agreement between the City of Appe VaIIey Economic Development Authority a Minnesota municipal
corporation, hereinafter referred to as the CLIENT, and Hoisington Koegler Group Inc., a Minnesota
corporation, hereinafter referred to as the CONSULTANT, for professional planning services for the
Phase II BRTOD Guide Plan for Cedar Avenue, hereinafter referred to as the "PROJECT".
The CLIENT and CONSULTANT agree as set forth below:
A. SERVICES
Hoisington Group Inc.
The[DNSULTANTSservicesforthePROJECTareasprovdedinExhibit"A"attachedheretoand
incorporated herein.
B. FEES FOR PROFESSIONAL SERVICES
The CONSULTANT agrees to complete the scope of work described in Exhibit "A" in exchange for
professional fee compensation as noted below. The CLIENT agrees to pay the CONSULTANT for
services rendered as follows:
1. For the CONSULTANT'S services described in Exhibit "A", CLIENT shall pay CONSULTANT a fee
based on the CONSULTANT'S current hourly rate schedule attached hereto as Exhibit "B" and
incorporated herein, not to exceed $30,000.00 (thirty thousand dollars) including all
reimbursable expenses. If CONSULTANT enters into agreements with any Sub-Consultants as
provided herein, the services of the Sub-Consultants shall be billed at their regular current
hourly rates, subject to the maximum hourly rates set forth on Exhibit "B". Time shall be billed
in six-minute increments. The CONSULTANT and CLIENT have agreed upon the project work
scope attached as Exhibit A with the following fees associated with each task:
Task Fee
Task 1 $ 5,000.00
Task2 $ 3,000.00
Task 3 $15,000.00
Task4 $ 7,000.00
Notwithstanding the foregoing, the aggregate fee for the services described in Exhibit "A",
including all reimbursable expenses, shall not exceed $30,000.00.
123 North Third Street, Suite 100, Minneapolis, MN 55401'1859
Ph (612) 338-0800 Fx (612) 338-6838
Phase 1/ BRTOD Guide PIan Implementation
July 3, 2013
Page 2
Z. Statements will be submitt d to the CLIENT on a monthly basis as work is completed and shall
be payable within 30 days in accordance with this Agreement. Statements shall include detailed
information regarding the services, including the date, the name of the CONSULTANT or Sub-
Consultant that performed the services, the name, classification (as listed on Exhibit "A") and
hourly rate of the person who performed the services, and the number of hours worked,
together with detailed information regarding all reimbursable expenses.
3. The CONSULTANT reserves the righ to suspend services if the CLIENT is delinquent in making
payments in accordance with this Agreement.
C. CLIENT'S RESPONSIBILITY
The CLIENT shall be responsible for the following:
l. Assembly of background information including, but not limited to paper and/or digital copies of
all appropriate plans, aerial photographs, base maps, inventory data, traffic and transportation
information and available GIS and/or CAD mapping.
2. Mailing lists, printing, postage and the mailing of invitations for public meetings.
3. Arrangements for public meetings.
4. Reproduction of all interim reports for distribution at project review meetings.
s. Provision of any legal notice required for meetings.
G. Reproduction of the final report.
D. COMPLIANCE WITH DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REQUIREMENTS
To ensure compliance with paragraph 3.03 of the Dakota County Community Development Agency
Redevelopment Incentive Grant Program Planning Grant Amendment as attached hereto as Exhibit C,
the CONSULTANT hereby acknowledges that promotional materials, press releases, reports and
publications relating to the Project activities that are funded in whole or in part with the Grant funds
shall include the following language: "Financing for this project was provided by the Dakota County CDA
Redevelopment Incentive Grant Program and support from Dakota County."
E. INSURANCE
CONSULTANT shall maintain insurance of the kind and in the amounts shown below for the term of the
contract. The insurance shall be maintained in companies Iawfully lly authorized to do business in
Minnesota and which are reasonably acceptable to the CLIENT. CONSULTANT shall furnish CLIENT with
certificates reflecting such insurance (ACORD form or equivalent) to be in force as long as this
Agreement remains in effect and providing that said insurance will not be canceled or materially
changed or fail to be renewed without at least 30 days prior written notice to the CLIENT. The CLIENT
reserves the righ to review CONSULTANT's insurance policies at any time to verify that contractual
requirements have been met.
2. Commerdal General Liability Insurance
$l,0OOOOO per occurrence
$2,000,000 general aggregate
Z. Umbrella Liability
$1,OOOOOO per occurrence
$1,000,000 general aggregate
3. Worker's Compensation and Employer's LiabIity
a. Worker's Compensation per Minnesota Statutes
F. COMPLETION SCHEDULE
G. SUB-CONSULTANTS
b. Employer's LiabiIity
$500,000 per accident;
$500,000 per employee;
$500,000 per disease policy limit.
4. Professional Liability Insurance
$l,0OOOOO per claim
$Z,0OOOOO annual aggregate
Phase xaRroD Guide Plan Implementation
July 3, 2013
Page 3
5. Automobile Insurance (including all owned vehicles (private passenger and other than private
passenger), hired and nonowned vehicles)
$1,000,000 per occurrence
The services of the CONSULTANT will begin upon CLIENT approval and will be completed before
December 31, 2013. Up to a 90 day extension of the expiration date may be granted if agreed upon
by both parties.
At the beginning of the PROJECT, the CONSULTANT will prepare an overall PROJECT schedule
identifying meetings, task completion dates, etc. The CONSULTANT will continually update the
PROJECT schedule throughout the course of the work. The CONSULTANT will provide copies of each
PROJECT schedule to CLIENT.
To complete aspects of the PROJECT as described in the Exhibit A, the CONSULTANT does not
anticipate the need for any Sub-consultants for this PROJECT. The CONSULTANT shall not add any
Sub-Consultants without written consent from the CLIENT.
H. OWNERSHIP OF DOCUMENTS
l. Right in Work Product. The specific work product of CONSULTANT's services for which it is paid
by the CLIENT, including all data, documents, results, ideas, developments, and inventions that
CONSULTANT conceives or reduces to practice during the course of its performance under this
Agreement, shall be the property of the CLIENT.
Z. Digital Data. CONSULTANT will furnish the CLIENT with electronic data versions of the
Deliverables listed in Exhibit "A" ("Digital Data") compatible with the CL|EN7s software (to the
extent possible) unless otherwise agreed upon. In the event of any conflict between a hard copy
document and the Digital Data, the hard copy document governs. The Digital Data shall be
prepared in the current software in use by CONSULTANT and is not warranted to be compatible
with other systems or software. Any Digital Data submitted by CONSULTANT to the CLIENT is
submitted for an acceptance period of 60 days ("Acceptance Period"). Any defects that the
CLIENT discovers during this period and reports to CONSULTANT will be corrected by
CONSULTANT at no extra charge. The CLIENT understands that the Digital Data is perishable and
the CLIENT is responsible for maintaining it.
I. COMPLIANCE WITH LAWS AND GRANT AGREEMENT.
CONSULTANT shall comply, and shall be responsible for the compliance of all 5ub-Consuhants with
the Grant Agreement and with all applicable state and federal laws, including but not limited to
Occupational Safety and Health Act regulations. CONSULTANT shall complete reporting forms and
submit documentation as necessary for CLIENT to comply with the Grant Agreement and to obtain
payment of grant funds; these requirements shall survive the expiration or termination of this
Agreement.
J. AUo[c
K. NONDISCRIMINATION
L. EQUAL OPPORTUNITY
Phase xBRroD Guide Plan Implementation
July 3, 2013
Page 4
Under Minn. Stat. §§ 6.551 and 16C.05, subd. 5, CONSULTANT's books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the
CLIENT, Legislative Auditor, and/or State Auditor, as appropriate, for a minimum of six years from
the end of this Agreement.
The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national
origin, or handicap unrelated to the duties of a position, of applicants for employment or employees
as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination,
compensation, selection for training, or participation in recreational and educational activities.
During the performance of this Contract, the CONSULTANT, in compliance with Executive Order
11246 as amended by Executive Order 11375 and Department of Labor regulations 41 CFR Part 60,
shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The CONSULTANT shall take affirmative action to insure that
M. INDEMNIFICATION
N. TERMINATION.
P. GOVERNING LAW.
This Agreement shall be governed by Minnesota law.
Phase 11 BRTOD Guide PIan Implementation
July 3, 2013
Page 5
applicants for employment are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex or national origin. Such action shall include, but not
be limited to, the following: employment, upgrading, demotion, transfer; recruitment or
recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The CONSULTANT shall post in conspicuous places
available to employees and applicants for employment notices to be provided by the Government
setting forth the provisions of this nondiscrimination clause. The CONSULTANT shall state that all
qualified applicants will receive consideration for employment without regard to race, color,
religion, sex, or national origin. The CONSULTANT shall incorporate the foregoing requirements of
this paragraph in all of ts subcontracts for program work, and will require all of its subcontractors
for such work to incorporate such requirements in all subcontracts for program work.
CONSULTANT agrees to indemnify, defend and hold CLIENT harmless from and against any and all
claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to,
reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest
thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of
any damages or losses to property or persons, including injuries or death, or economic losses, arising
out of the negligence of CONSULTANT or any Sub-Consultant.
l. CLIENT may terminate this Agreement by written notice to CONSULTANT at its address by mail
as least seven (7) days prior to the date of termination.
2. If CLIENT fails to perform its obligations under this Agreement, CONSULTANT may terminate this
Agreement by written notice to CLIENT at its address by mail atleast twenty (20) days prior to the
date of termination, specifying the default and stating that the Agreement will be terminated unless
CLIENT cures the default prior to the date of termination specified in the written notice.
3. Upon termination, CONSULTANT shall be entitled to fees earned through the effective date of
termination.
0. ASSIGNMENT PROHIBITED.
Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer its interest in this
Agreement without the written consent of the other.
Q. DISPUTE RESOLUTION.
Disputes between CLIENT and CONSULTANT will be submitted to Alternative Dispute Resolution
(ADR) as a condition precedent to litigation. CLIENT and CONSULTANT will exercise good faith efforts
to resolve disputes through a mutually acceptable ADR procedure. Any litigation to enforce this
Agreement shall be venued in State of Minnesota District Court in Dakota County, Minnesota.
R. SEVERABILITY.
Should a court of law determine that any clause or paragraph of this Agreement is invalid, all other
clauses or sections shall remain in effect.
S ENTIRE AGREEMENT.
The terms and conditions set forth herein constitute the entire understanding of the parties relating
to the subject matter of this Agreement. This Agreement may be amended only by a written
instrument signed by both parties.
IN WITNESS WHEREOF, The CLIENT and the CONSULTANT have made and executed this Agreement for
Professional Services.
CLIENT
City of Apple Valley Economic Development Authority
By:
Thomas C. Goodwin Date
Its: Vice President
By:
Pamela J. Gackstetter Date
Its: Secretary
CONSULTANT
Hoisington Koegler Group Inc.
By:
R. Mark Koegler
Its: President
Date
Phase 1/ BRTOD Guide PIan Implementation
July 3„2013
Page 6
Exhibit A
Scope of Work - Phase II BRTOD Guide Plan Implementation
Task 1 Strengthen Understanding of BRTOD and Agree to Move Forward. In this task our core emphasis
is on building consensus around the vision and embracing the notion of TOD within the station areas.
This task will focus on presenting information within the BRTOD Guide Plan, answering questions about
the Guide Plan, understanding implications of integrating BRTOD into the comprehensive plan, adopting
and applying design guidelines and implementing zoning changes.
1.1 Prepare presentation materials and exhibits to facilitate workshops
1.2 Staff workshop
1.3 Agency workshop/coordination (Dakota County, Metro Council, MVTA)
1.4 Planning Commission/Council/other advisory board workshop
1.5 Property owner/business owner/citizen workshop
Desired Outcome: Agreement among majority of stakeholders to proceed with comprehensive clan
amendment, design guidelines and zoning amendment implementation.
• Schedule — 2 months to complete workshops (includes prep, notice and facilitation)
Task 2 Prepare a Comprehensive Plan Amendment. This task will include supporting the City with the
BRTOD comprehensive plan amendment and assisting the review and approval process.
2.1 Amend Comprehensive PIan document (map and text amendments)
2.2 Prepare Comprehensive Plan Submittal worksheet form (Metropolitan Council form)
2.3 Facilitate Planning Commission Public Hearing
2.4 Present to City Council for authorization to submit to Metropolitan Councit
2.5 Submit amendment to Metropolitan Council
City Council Meeting for final approval.
Desired Outcome: Updated comprehensive plan, approvals from Metropolitan Council, and adoption bv
City Council.
Schedule —4 months to complete (includes preparing document, notices and required review
timeline) — task commences after task 1 is complete.
Task 3 Complete Design Guidelines. The Apple Valley BRTOD Guide Plan provides a set of design
guidelines that include general development standards for site development, buildings, transit stations,
streets, parking, trails/sidewalks, open space/greenways/plazas, landscaping, signage and lighting. How
these guidelines are implemented or used can vary. As part of this task, the idea of applying design TOD
Scope of Work Phase oroo Guide Plan Implementation — Exhibit A
Z|1::".���
guidelines to key nodes (quadrants or intersections) and key pedestrian/greenway corridors or spines
leading to transit stations will be explored.
Specific attention will be given to the following:
Connections — how will the overall area be connected? Pedestrian, bike, bus and vehicular
connections will be further explored.
Building Height what building height is appropriate for the area to help realize the goal of
promoting transit supportive future development?
Density/Intensity — what density is appropriate to help realize the goal of promoting transit
supportive future development?
• Parking how can total parking and specifically, surface parking be optimized or reduced, to
allow for the creation of more land for transit supportive uses?
This task will further articulate and illustrate key design directions and will format them into a document
that can be used by staff, elected and appointed officials, and the development community to shape
future public and private investments in the station areas. The Design Guidelines will be integrated into
City development processes so their application is clear.
3.1 Explore with staff various implementation strategies of the design guidelines
3.2 Prepare 3 or 4 site plan illustrations that demonstrate key design guidelines
3.3 Prepare 3 or 4 street level perspective illustrations that demonstrate key design guidelines
3.4 Integrate design guidelines into development approval process (entitlements/incentives)
Desired Outcome: completed desi guidelines implementation guidelines implementation tool andf/ow illustrating
how guidelines are to be used.
• Schedule — 3 months to complete — task begins concurrent with task 1
Task 4 Establish a BRTOD Zoning District. The BRTOD Guide Plan explored alternative approaches to
regulatory strategies in BRT station areas. The Guide Plan includes in the appendix a model BRTOD
zoning district that could be applied as an overlay district. The districts can be applied to various
geographic Iocations such as key nodes or corridors leading to transit stations. This task will include a
careful review of the district provisions (land uses, density and FARs), further illustration and articulation
of required performance standards and bulk regulations (i.e. height, lot cover, setbacks, building
orientation, parking, etc.), and understanding of the impact that adopting the ordinance would have on
existing uses.
4.1 Review district provisions (purpose, sub-districts, mix of uses, density/FARs)
4.2 Review and illustrate bulk standards
4.3 Evaluate application of zoning sub-districts to station areas including lot, structure and use
conformities
4.4 Prepare refinements to zoning text and illustration and prepare map amendments
Scope of Work Phase 11 TOD Guide Pion Implementation — Exhibit A
4.5 Conduct stakeholder open house to review amendment with property owners/business owners
4.6 Facilitate PC PubIic Hea ring
4.7 Facilitate City Council approval
Desired Outcome: completed and approved zoning district map and text amendments.
Schedu|e-5monthstocornp|ete(inc|udesdocprep,meetingnoticedmeandapprova|process)
—
taskcommencesafterteskliscomp|ete.
Scope of Work poosexr000umcplanmplementation — amibitx
3|I"'��e
Apple ll
City of Vaiiev
TO:
.06
60.
60666
06
06.
Economic Development Authority Board Members and Executive Director
FROM: Kathy Bodmer, Planner
MEETING
DATE: August 22, 2013
MEMO
Community Development
SUBJECT: EDA Item #4 Supplemental Information -- BRTOD Study Phase II Implementation
Attached for the Apple Valley Economic Development Authority's information are some of the land
use concept plans that were developed for the Cedar Avenue Transit Bus Rapid Transit Oriented
Development Guide Plan ("BRTOD Guide Plan'). At its August 22, 2013, meeting, the EDA will
consider a grant agreement with the Dakota County CDA for $15,000, a contract for Professional
Consulting Services with Hoisington Koegler Group Inc., and matching funds of $15,000 to complete
the BRTOD Guide Plan. The BRTOD Guide Plan Phase II Implementation tasks include completing a
comprehensive plan amendment, design guidelines and a zoning ordinance that would allow property
owners in the Apple Valley station areas to reposition their properties when they are ready to take
advantage of development opportunities. At the same time, the zoning tools will be set up to ensure
that existing properties will remain in compliance with the zoning code if they are not yet ready to
make changes to their property.
In addition to the BRTOD Guide Plan land use concept plans that were developed for the City of Apple
Valley, drawings of the Apple Valley station areas that were presented during the Red Line Market and
Development Standards Study Open House on August 14, 2013, are also attached. The Metro Red
Line Study is a corridor-wide study to identify strategies to promote transit-oriented development in
the Cedar Avenue BRT station areas including the cities of Lakeville, Apple Valley, Eagan, and
Bloomington, Dakota County, Dakota County CDA and Hennepin County. Station area
recommendations have been developed for the four corridor cities. The Metro Red Line Market and
Development Study consultant team is using some of the land use concepts that were developed in the
BRTOD Guide Plan for the Apple Valley Station areas. The Metro Red Line Market and Development
Standards Study is scheduled to be presented to the Planning Commission in September.
Attachments:
1. BRTOD Guide Plan Land Use Concept Plans
2. Metro Red Line Market and Development Study Station Area Strategies for Apple 'Valley
Station Areas
APPLE VALLEY BRTOD GUIDE PLAN
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RED LINE MARKET AND DEVELOPMENT STUDY
Open House Materials
L
METRO Red Line Mar
to Purpose
Identif strategies to promote transit-
oriented development at station areas
O Understand the existing character
and the potential real estate market at
each station area
O Understand the role of bus rapid
transit (BRT) as a catalyst for
development
O Develop station area "typologies"
to help attract and shape transit
oriented development in the future
O Involve a wide range of stakeholders,
including residents, businesses,
developers, foundations, and
historically underserved and
unrepresented populations
Tasks and Timeline
Task 1. Transitway and
Station Character
Task 2. Existing Market
Condition and Potential
Task 3. Station Area
Investment Strategies
Task 4. Public/Private/
Foundation Engagement
Task 5. Implementation Plan
0 = Public/Stakeholder Workshop
<et and Development Study
Jan
Feb
Who is Involved?
Staff from the following agencies are
involved in the study:
City of Apple Valley
City of Bloomington
0 City of Eagan
City of Lakeville
Dakota County
Dakota County Community
Development Agency
0 Hennepin County
The consultant team is being led by
Kimley-Horn and Associates, Inc. with
support from Hoisington Koegler Group,
Inc., W-ZHA, and Northland Securities,
Mar
MIN
Apr
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May
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City of Apple
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Introduction
Discussion:
MEMO
Finance Department
TO: Economic Development Authority, and
Tom Lawell, Executive Director
FROM: Ron Hedberg, Finance Director
DATE: August 18, 2013
SUBJECT: Adopt Resolution Authorizing Execution of Tax Increment Revenue Note (Apple
Valley Business Campus)
The Economic Development Authority (EDA) approved a development assistance agreement with
SPOWD Developments LLC on June 4, 2012. The development assistance agreement included a
"pay as you go" financing provision where the developer could be reimbursed for eligible
development costs related to the construction of 147 Street and Felton Court that led to the
construction of two buildings in the first phase of the Apple Valley Business Campus. The complete
development will consist of 21 acres, which is comprised of two separate phases including four
buildings, totaling 200,000 square feet of office/ show room/ warehouse. The total development costs
are estimated to be $13,930,000.
The development assistance agreement offsets the costs of constructing 147th St and Felton Court.
The construction of 147 Street was completed as a city project and the costs were specially assessed
against the property. 147 Street, Flagstaff to Johnny Cake, was completed and serves as the Ring
Route connection to the east. Felton Court was constructed privately and serves the properties
constructed on the site.
The development assistance agreement provided for the reimbursement up to $900,000 for the costs
associated with constructing 147 Street and up to $800,000 for the costs incurred for the
construction of Felton Court. The assessments for the construction of 147 Street totaled $1,080,000,
including financing costs. One of the extraordinary cost items included in the construction of the
147 Street project was the lowering of the petroleum pipeline and obtaining the right of way
required for the pipeline relocation. The construction cost incurred by SPOWD Developments LLC
totals $882,529. SPOWD has submitted invoices for eligible costs related to the construction of
Felton Court totaling $822,529, which exceeds the maximum allowed of $800,000.
The "pay as you go financing" calls for repayment out of the annual TIF collected from the project
and is dependent on the property owner making the annual property tax payments and annual special
assessment payments to the city. The terms of the TIF Revenue Note include an interest rate of 3.6%
and the amount of the note is $1,700,000. The annual payment is set at 90% of the TIF generated by
the project and are applied first to interest and then towards the principal balance until the balance is
EDA and Executive Director
Authorize Execution of Tax Increment Revenue Note (Apple Valley Business Campus)
August 18, 2013
Page 2
retired. The first year of increment collection will be 2014 and the maximum length is based on
collections through 2022.
As of August 2013, the development has resulted in the addition of 92 full time jobs and 24 part-
time jobs which exceeds the job creation goals included in the business assistance agreement.
The first phase is not fully occupied as of August 2013, so additional jobs are expected to be
created.
Jobs Added (per SPOWD):
14607 Felton Court
Suite # Businesss FT jobs PT Jobs
#101-#103 Dog Day Get Away 10 7
#104 Aspire 8
#105 Cabinets 3
#106 Clearstar Industries 4
#107 Resale Group 4 3
#108 Green & Black 6
#109-#111 Red Dog Diesel 11
#116 Medicka 3
#117 Novis Glass 5 1
#118 Your Home Improvement 7
14608 Felton Court
Suite # Business FT Jobs PT Jobs
#101-#102 LeMaster 8
#103 GPM 7
#104 Natures Wood 3
#106-#107 McCormick 11
#108 Next Level Combat 1 4
#109-#110 Fitness 1 9
92 24
Staff Recommendation
Staff recommends the adoption of the attached resolution authorizing the execution of a Tax
Increment Revenue Note.
Action Requested:
Adopt Resolution Authorizing Execution of Tax Increment Revenue Note (Apple Valley
Business Campus).
APPLE VALLEY ECONOMIC DEVELOPMENT AUTORITY
RESOLUTION NO. EDA -13-
RESOLUTION AUTHORIZING THE EXECUTION OF TAX INCREMENT
REVENUE NOTE (APPLE VALLEY BUSINES CAMPUS PROJECT)
WHEREAS, the Apple Valley Economic Development Authority approved a
Development Assistance with SPOWD Developments LLC on June 4, 2012, and
WHEREAS, the Development Assistance Agreement provided for the financing
of costs incurred in connection with construction of two industrial warehouse /office
buildings that were constructed by SPOWD Developments LLC, and
WHEREAS, SPOWD Developments LLC has submitted documentation of
eligible expenditures exceeding the maximum amount provided for in the Development
Assistance Agreement on June 9, 2013, and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
Apple Valley Economic Development Authority, Minnesota, approves the Tax Increment
Revenue Note in the form attached, and the President and Secretary are hereby authorized
and directed to execute the Tax Increment Revenues Note on behalf of the EDA.
ATTEST:
ADOPTED this 22 day of August 2013.
Pamela J. Gackstetter, Secretary
Thomas Goodwin, Vice President
No. R-1 $1,700,000
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY
TAX INCREMENT REVENUE NOTE
(APPLE VALLEY BUSINESS CAMPUS PROJECT)
The Apple Valley Economic Development Authority, Minnesota (the "Authority"), hereby
acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts
hereinafter described (the "Payment Amounts") to Spowd Developments LLC (the "Developer") or its
registered assigns (the "Registered Owner"), but only in the manner, at the times, from the sources of
revenue, and to the extent hereinafter provided.
The principal amount of this Note shall equal from time to time the principal amount stated
above, as reduced to the extent that such principal installments shall have been paid in whole or in part
pursuant to the terms hereof; provided that the sum of the principal amount listed above shall in no event
exceed $1,700,000 as provided in that certain Development Assistance Agreement, dated as of June 4,
2012, as the same may be amended from time to time (the "Development Assistance Agreement"), by
and between the Authority and the Developer. The unpaid principal amount of the Note shall bear
simple, non-compounding interest from the date of issuance of the Note, at 3.6% per annum. Interest
shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months.
The amounts due under this Note shall be payable on August 1, 2014, and on each February 1
and August 1 thereafter to and including February 1, 2023, or, if the first should not be a Business Day
(as defined in the Development Assistance Agreement), the next succeeding Business Day (the
"Payment Dates"). On each Payment Date the Authority shall pay by check or draft mailed to the person
whom was the Registered Owner of this Note at the close of the last business day preceding such
Payment Date an amount equal to the sum of the Tax Increments (hereinafter defined) received by the
Authority during the six month period preceding such Payment Date. All payments made by the
Authority under this Note shall first be applied to accrued interest and then to principal.
The Payment Amounts due hereon shall be payable solely from 90% of tax increments (the "Tax
Increments") from the Development Property (as defined in the Development Assistance Agreement)
within the Authority's Tax Increment Financing District No. 14 (the "Tax Increment District") within its
Master Development District which are paid to the Authority and which the Authority is entitled to
retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.1799, as the same
may be amended or supplemented from time to time (the "Tax Increment Act"). This Note shall
terminate and be of no further force and effect following: (i) the last Payment Date defined above; (ii) on
any date upon which the Authority shall have terminated the Development Assistance Agreement under
Section 4.2(2) thereof or the Developer shall have terminated the Development Assistance Agreement
5565278v1
under Article V thereof; (iii) on the date the Tax Increment District is terminated; or (iv) on the date that
all principal payable hereunder shall have been paid in full, whichever occurs earliest.
The Authority makes no representation or covenant, express or implied, that the Tax Increments
will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable
hereunder.
The Authority's payment obligations hereunder shall be further conditioned on the fact that no
Event of Default under the Development Assistance Agreement shall have occurred and be continuing at
the time payment is due hereunder, but subject to the terms and conditions under the Development
Assistance Agreement such unpaid amounts may become payable if said Event of Default shall
thereafter have been timely cured. Further, if pursuant to the occurrence of an Event of Default under
the Development Assistance Agreement the Authority elects to cancel and rescind the Development
Assistance Agreement, the Authority shall have no further debt or obligation under this Note
whatsoever. Reference is hereby made to all of the provisions of the Development Assistance
Agreement, and said provisions are hereby incorporated into this Note as though set out in full herein.
This Note is a special, limited revenue obligation and not a general obligation of the Authority
and is payable by the Authority only from the sources and subject to the qualifications stated or
referenced herein. This Note is not a general obligation of the Authority and neither the full faith and
credit nor the taxing powers of the Authority are pledged to the payment of the principal of this Note
and no property or other asset of the Authority, save and except the above - referenced Tax Increments, is
or shall be a source of payment of the Authority's obligations hereunder.
This Note is issued by the Authority in aid of financing a project pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act.
This Note may be assigned only with the consent of the Authority which consent shall not be
unreasonably withheld. In order to assign the Note, the assignee shall surrender the same to the
Authority either in exchange for a new fully registered note or for transfer of this Note on the
registration records for the Note maintained by the Authority. Each permitted assignee shall take this
Note subject to the foregoing conditions and subject to all provisions stated or referenced herein.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the
Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed
precedent to and in the issuance of this Note have been done, have happened, and have been performed
in regular and due form, time, and manner as required by law; and that this Note, together with all other
indebtedness of the Authority outstanding on the date hereof and on the date of its actual issuance and
delivery, does not cause the indebtedness of the Authority to exceed any constitutional or statutory
limitation thereon.
IN WITNESS WHEREOF, Apple Valley Economic Development Authority, Minnesota, by its
Board of Commissioners, has caused this Note to be executed by the manual signatures of its President
and Secretary and has caused this Note to be dated as of July 9, 2013.
Vice- President, Thomas C. Goodwin Secretary, Pamela J. Gackstetter
5565278v1
2
It is hereby certified that the foregoing Note was registered in the name of Spowd Developments
LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day
registered the Note in the name of such Registered Owner, as indicated in the registration blank below,
on the books kept by the undersigned for such purposes.
5565278v1.
NAME AND ADDRESS OF
REGISTERED OWNER REGISTRATION EDA SECRETARY
Spowd Developments LLC
23300 Grandview Trail
Apple Valley, MN 55044
CERTIFICATION OF REGIST '' TION
July 9, 2013
DATE OF SIGNATURE OF
3
CITY OF APPLE VALLEY
ORDER FOR SPECIAL BOARD MEETING
NOTICE IS HEREBY GIVEN that the Apple Valley Economic Development
Authority (EDA), will hold a special Board meeting at Apple Valley Municipal
Center, 7100 - 147th Street W., on Thursday, the 22nd day of August, 2013, at 6:30
p.m., to discuss downtown TOD ordinance and TIF eligible cost review, and provide
other project updates.
In accordance with this order, the Secretary is requested to provide notice of
this meeting following the requirements of the By-laws.
DATED this 19th day of August, 2013.
Thomas Goodwin, e-President
John Bergman, C missioner