HomeMy WebLinkAbout07-10-2019 Workshop & Council Packet
AGENDA
LITTLE CANADA CITY COUNCIL
WEDNESDAY, JULY 10, 2019
CALL TO ORDER – Workshop Meeting – 6:00 p.m.
Roll Call
1. Tour of City Pumping Operations at 3135 Centerville Road & Fra-Dor Property at 3101
Country Drive
Adjourn
CALL TO ORDER – Regular Meeting – 7:30 p.m.
Roll Call
Approval of Minutes
June 24, 2019 Regular Council Meeting
Announcements
CONSENT AGENDA
1. Approval of the Vouchers
STAFF REPORTS
2. Twin Lake Update
3. Joint Powers Agreement with Vadnais Heights for 3354 Rice Street
ECONOMIC DEVELOPMENT AUTHORITY
4. Consent of EDA, Assignment and Subordination of TIF and Development Agreements
for The Lodge at Little Canada, LLC
ADJOURN
STAFF REPORT
TO:
FROM:
DATE:
RE:
Mayor Keis and Members of City Council
Chris Heineman, City Administrator
July 10, 2019
City Council Workshop & Tour
BACKGROUND:
Staff has met with Mr. Frattalone and representatives from both Frattalone and FRA-DOR regarding
the Interim Use Permit Agreement for an aggregate stockpiling and recycling business in Little
Canada. According to the Agreement, Mr. Frattalone is authorized to engage in the permitted use for a
period of five (5) years commencing October 1, 2014, and expiring September 30, 2019. The interim
use permit may not be renewed, but Mr. Frattalone is not precluded from applying for a new interim
use permit which must be submitted by September 30, 2018. Mr. Frattalone complied with this
provision and submitted an application for a new Interim Use Permit prior to this deadline.
As part of the information gathering process for this process, staff has scheduled a tour of the FRA-DOR
property and recycling operation at 3101 Country Drive. We will also take the opportunity to tour the
City’s Twin Lake pumping operation at 3135 Centerville Road.
Please come to City Hall as staff has arranged for transportation to each of these locations. Please arrive
at City Hall around 5:45 p.m. so we are ready to depart no later than 6:00 p.m.
STAFF REPORT
TO:Mayor Keis and Members of City Council
FROM:Chris Heineman, City Administrator
Bill Dircks, Public Works Director
DATE:July 10, 2019
RE:Twin Lake Update
Pumping on Twin Lake has been occurring on a daily basis unless heavy rains are forecast to maintain
the lake at the current permitted level of 873.5 by MnDOT and the DNR. The pump is typically turned
on by staff at 7:30 a.m. and is turned off between 3:00 p.m. and 4:30 p.m. which removes all standing
water in the pond area where the pump intake hose is located. This pond usually rebounds to the same
level overnight, which indicates groundwater may be contributing to the resurgence of the pond.
The pumping operation has been closely monitored downstream and has performed according to the
predicted model at a rate of five cubic feet per second (CFS). The water levels in Owasso Basin
typically rose one or two-tenths of a foot during and after pumping and dropped back down within a
few hours. Gervais Lake has also bounced very little just as the model predicted.
City staff met with the Watershed District, MnDOT, the DNR, Vadnais Lake Area Watershed
Management Organization (VLAWMO), and Vadnais Heights on July 1. Items discussed included
potential short term and long-term solutions for keeping West Vadnais water from getting to Twin
Lake continued temporary pumping of Twin Lake, as well as long-term solutions for Twin Lake. One
of the items that were discussed was sandbagging a depression in the West Vadnais triangle wetland
embankment. This was completed that same day and made a significant difference in the flow from
West Vadnais to Vadnais Lake. There were over six inches of water flowing through the 24” pipe
prior to sandbagging, and shortly after sandbagging there was less than two inches in the pipe.
The sandbags will be effective as long as the lake/wetland stay below the overflow elevation of
approximately 884. There has been a lot of rain over the past two weeks, and it is not known if that
will cause Grass Lake and West Vadnais to rise again. In order to assure that water levels will not
overtop the embankment, the Ramsey-Washington Regional Watershed District is submitting an
application to MnDOT for a temporary pumping permit to pump the water into the MnDOT system
before it gets to the 24” pipe or Twin Lake.
If the Watershed District’s application to divert water from West Vadnais Lake around Twin Lake and
into the MnDOT system is approved, it should help reduce the pump capacity required to maintain or
lower the lake level. In addition, the feasibility of pumping the lake level in Twin Lake lower than
873.5 becomes more reasonable from a cost and operational standpoint.
Potential Short-Term Options:
We will reach the 30-day mark since we initiated pumping at Twin Lake on Thursday, July 11. Since
the pumping operation has been effective at lowering the level and has not caused additional problems
downstream, the City Council is asked to consider setting an appropriate level to pump to at this time.
The current permitted level of 873.5 was initially chosen so pumping could begin as soon as possible
to protect the sanitary sewer system and other public infrastructure as well as the immediate threat to
the lowest entry point to homes on the west side of the lake.
The DNR is going to perform an Ordinary High Water (OHW) level survey to determine what that
level should be. OHW surveys take into account decades of records and markers on the landscape to
determine what that level should be. Once established, pumping to a level below the OHW would not
be allowed by the DNR. It is not known when that survey will be completed. Both the DNR and
MnDOT said they would support pumping to a lower level at this time and left the decision up to the
City Council with limited guidance. With that in mind, the following are some potential options that
should be considered. It should be noted that in all cases care would be taken to make sure that there
were no negative impacts downstream with any pumping operation.
1.Continue to maintain the current level at 873.5. The first month of pumping ends on July 11.
Based on information obtained during the first 30-days, this option would allow us to downsize
to a six-inch pump and continue to maintain the current lake level. According to modeling
performed by Barr Engineering, if the West Vadnais water is minimized and there is a four-day
100-year rain event, the low home on the lake would technically be safe at anything under 874,
but no freeboard (cushion) would be provided for the low home. The cost to maintain the level
at 873.5 should be lower on the front end but may add up to more over the long-term as the
pump may have to be operated more frequently to maintain this level.
2.Bring the level down to the elevation of the pipe under the railroad tracks (approximately 872).
This level should provide access to the final sanitary sewer structure that is currently
underwater. City of Little Canada public works staff utilized GIS survey equipment to obtain a
reading of 872.221 for this structure. In order to do this, the pump intake will have to be
moved to the small pond on the south side of the railroad tracks that the overflow pipe dumps
into. Further discussions with Northern Dewatering are needed to make sure this is feasible.
There would be some additional costs on the front end to set up a new intake and run the pump
to get the lake down another 1.5 feet but there would now be two feet of freeboard between the
low house and a potential 100-year event. The pipe under the railroad tracks has been in place
at its current elevation for many years and is considered the unofficial overflow for the lake.
All habitable private structures on the lake are safe at this level. Without additional flow from
West Vadnais and normal precipitation, Twin Lake may remain at or near 872 with very little
pumping. There is also a chance that the lake would continue to rise even with no rain or other
water getting into the lake due to high groundwater levels. If this is the case, it will not be
sustainable or fiscally responsible to continue to pump groundwater to maintain the lake level
at 872.
3.Continue to pump to lower the lake level to 871 or lower. According to the staff gauge that
was installed in July of 2018, the lake level at that time was recorded at 871.49. At this time,
all of the City’s public infrastructure was accessible and there was no immediate threat to any
of the habitable structures around the lake. Pumping to 871 would bring Twin Lake down to
where it was in 2018 and where it has been for the past two or three years based on anecdotal
evidence. Groundwater would likely be a factor at this level and would not be sustainable.
Installation of piezometers to measure the groundwater pressure may be required to determine
how much of an impact this would have on a continuous pumping operation. Until the
groundwater level recedes, it may not be cost-effective to pump at this level or lower.
After examining all of the options, staff is recommending that the lake be pumped to the 872 level.
This level provides at least two feet of freeboard for the low home and is also the historical overflow
for the lake (the bottom of the overflow pipe located under the railroad tracks is approximately 872.2).
If the Council agrees, the necessary permit amendments will be submitted to the DNR and MnDOT
and pumping to the new level can start as soon as the amendments are approved. If it is determined
that the groundwater level is lower than expected and the Council wishes to pump to a lower lake level
in the future, a revised permit application can be made at that time. Caution should be taken to pump
the lake to a level below 871 feet as it sets a precedent for Twin Lake and all other water bodies in the
City.
Potential Long-Term Options:
The long-term solution could be one of a few different options. One is to put some sort of pipe into
Waldo Pond at a level closer to 872. A valve could be put in the pipe to allow the pipe to be shut off
during heavy rain events to keep MnDOT water out of Twin Lake. Another is to put a pipe and valve
in at a higher level but still below the lowest entry point of the home at 876 feet. A third option is to
put a more permanent infrastructure in but still use a pump when necessary rather than a piped outlet to
Waldo Pond. These discussions will continue with MnDOT, the Watershed District, and other partners
to find a solution so that a planned project will be approved by all parties.
The Ramsey-Washington Regional Watershed District has been extremely helpful in this entire
process. The Watershed District and Barr Engineering have been very responsive and have answered
all of the questions that staff has asked of them to the best of their abilities. They have worked
extremely hard to find solutions to the problems that have arisen along the way and have thought about
short and long-term impacts on the entire district as decisions have been weighed. It would cost tens
of thousands of dollars to have another engineering firm get up to speed on all of the issues with Twin
Lake and surrounding water bodies. Staff believes the service provided by the Watershed District and
its consulting engineer has been exceptional and will continue to rely on them for their expertise,
analysis of options, and guidance going forward.
At the last meeting, mention was made of the 1993 and 2007 studies of Twin Lake that Barr
Engineering had conducted for the Ramsey-Washington Regional Watershed. The 1993 study states
that pumping or the installation of a pipe should take place if the lake were to reach an action level of
870.5 for Twin Lake. This was based on an old methodology with the lake level starting at 870.7 and a
100-year 30-day snowmelt event. It was projected that Twin Lake would rise to 875.1 under this
model.
Since that time, the Watershed District has made improvements to its stormwater modeling to better
characterize the drainage patterns and available floodplain storage within the Twin Lake watershed.
For example, in the spring of 2019, the Watershed District used current stormwater models along with
estimates of snowpack prior to the spring melt, and rainfall measurements to simulate lake levels. This
analysis indicated that without the additional inflow from West Vadnais, the water level in Twin Lake
would have remained below the flood level that was indicated in the 1993 report.
The information from both the 1993 and 2007 Twin Lake Hydrologic Studies have been utilized over
the past twenty-five years and several improvements have been made. As new information becomes
available, the findings and modeling are updated to reflect the current conditions. Staff reviewed many
of the previous findings with Barr Engineering and the Watershed District and feels confident that this
information has been taken into considerations as we deal with the current conditions around Twin
Lake.
Recommended Action:
Staff recommends that the City Council approve a Motion directing staff to request an amendment to
the permits from the DNR and MnDOT to allow pumping to the 872 level.
STAFF REPORT
TO: Mayor Keis and Members of the City Council
FROM: Heidi Heller, City Clerk
DATE: July 10, 2019
RE: Joint Powers Agreement with Vadnais Heights for 3354 Rice Street
ACTION TO BE CONSIDERED:
Motion to approve the Joint Powers Agreement between the City of Little Canada and the City of
Vadnais Heights.
BACKGROUND:
The Caribou Coffee at 3354 Rice Street in Little Canada is in the process of purchasing
approximately 5,000 square feet of land on the north side of their property from Ramsey County
who acquired the former Vadnais Inn parcel as part of the Rice Street/I-694 reconstruction
project. As you know, the property line between Caribou and the former Vadnais Inn was also
the boundary between Vadnais Heights and Little Canada. Caribou is platting the property to
create one parcel, but the existing city boundary line will not change and the added land will
remain in Vadnais Heights. Caribou will be expanding their parking lot to the north across the
city boundary into Vadnais Heights.
The City Attorney has drafted a Joint Powers Agreement between Little Canada and Vadnais
Heights that authorizes Little Canada to be the responsible party to review and authorize all plans
and inspections for the parking lot expansion at 3354 Rice Street. The Joint Powers Agreement
will remain in effect until the parking lot construction is completed and receives final approval
from the City of Little Canada.
STAFF RECOMMENDATION:
Staff recommends the Council approve the Joint Powers Agreement between the City of Little
Canada and the City of Vadnais Heights.
Attachments:
1. Joint Powers Agreement
2. Site Plan for 3354 Rice Street – final site layout showing parking lot expansion and
surrounding roadway changes from Rice Street/I-694 reconstruction project
1
JOINT POWERS AGREEMENT
BETWEEN
THE CITY OF LITTLE CANADA AND
THE CITY OF VADNAIS HEIGHTS
THIS JOINT POWERS AGREEMENT (Agreement) is made and entered into by and
between the City of Little Canada in Ramsey County, State of Minnesota (Little Canada), and the
City of Vadnais Heights in Ramsey County, State of Minnesota (Vadnais Heights).
WHEREAS, pursuant to provisions of Minn. Stat. § 471.59. Little Canada and Vadnais
Heights are authorized to enter into an agreement to exercise jointly or cooperate government
powers common to each and to permit one governmental entity to perform services or functions
for another governmental entity; and
WHEREAS, there is located at 3354 Rice Street, a commercial building owned by Division
25, LLC, a Minnesota limited liability company (Owner); and
WHEREAS, the property owned by Division 25, LLC lies partially in Little Canada and
Vadnais Heights; and
WHEREAS, Division 25, LLC intends to expand the parking lot presently located on the
property. Said expansion will involve property located in both Little Canada and Vadnais Heights;
and
WHEREAS, Little Canada and Vadnais Heights have agreed it would be in the best interest
of all parties to establish one authority for the purpose of reviewing plans, monitoring construction
and issuing a filing certification of completion to the contractor and property owner.
NOW, THEREFORE, it is hereby agreed, by and between the parties as follows:
1. Purpose. The Purpose of this Agreement is to define the right, obligations and
responsibilities of Little Canada and Vadnais Heights with respect to the construction
of the expanded parking lot proposed by the Owner.
2. Term. This Joint Powers Agreement will become effective upon execution by both
parties and shall remain in full force and effect until the parking lot expansion has been
completed and the final certificate of completion has been issued.
3. Authority. Little Canada shall have the authority to review and approve all plans for
the expansion of the parking lot. Little Canada shall also monitor and inspect the
construction of the parking lot for the purpose of verifying the parking lot is being
constructed according to the plans as approved. Upon completion of the parking lot,
Little Canada shall conduct a final inspection to determine if the parking lot has been
constructed according to the approved plans.
2
4. Little Canada shall provide Vadnais Heights with a copy of the approved construction
plans. No alteration of the plans shall be effective until said alteration is approved by
Little Canada and Vadnais Heights.
5. Little Canada and Vadnais Heights shall have the right to issue separate building
permits and charge the customary building permit fees based upon on the value of the
construction occurring within their respective jurisdictions.
6. Responsibility. Little Canada and Vadnais Heights shall each be responsible for their
own acts and omissions and the results thereof to the extent authorized by law. Little
Canada and Vadnais Heights liabilities are subject to statutory liabilities. The limits of
liability for Little Canada and Vadnais Heights may not be added together to determine
the maximum amount of liability for either party.
7. Amendments. No amendments to this Agreement shall be effective unless an
amendment is reduced to writing and said written document is approved by the City
Councils of both Little Canada and Vadnais Heights.
IN WITNESS WHEREOF, the City of Little Canada and the City of Vadnais Heights have caused
this Agreement to be executed on their behalf by their proper officers and Council.
CITY OF LITTLE CANADA
Dated: _________________ By: _______________________________
Its: Mayor
Dated: _________________ By: _______________________________
Its: City Manager
CITY OF VADNAIS HEIGHTS
Dated: _________________ By: _______________________________
Its: Mayor
Dated: _________________ By: _______________________________
Its: City Manager
THIS INSTRUMENT WAS DRAFTED BY:
KELLY AND LEMMONS, P.A.
2350 Wycliff Street; Suite 200
St. Paul, MN 55114
Telephone: 651-224-3781
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EXISTING CURB AND GUTTER Iii
PROPOSED CURB AND GUTTER
PROPOSED PROPERTY LINE
EXISTING PROPERTY LINE
OUTFALL CURB
CONCRETE PAVEMENT
LANDSCAPE AREA
PROPOSED PAVEMENT
RECONSTRUCTION
DIRECTION OF TRAmc
CONSTRUCTION LIMITS
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EXISTING BILLBOARD
SIGN (REMOVED)
CONTRACTOR SHALL COORDINATE WITH COUNTY
AND CITY FOR WORK IN RIGHT -OF-WAY.
NOTE: PARKING STALLS SHALL HAVE LIGHT DUTY
PAVEMENT SECTION AND DRIVE AISLES SHALL
HAVE HEAVY DUTY PAVEMENT SECTIONS. REFER
TO DETAILS.
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SITE PLAN NOTES=
1. PRIOR TO STARTING CONSTRUCTION, THE CONTRACTOR SHALL BE RESPONSIBLIE TO MAKE SURE THAT
ALL REQUIRED PERMITS AND APPROVALS HAVE BEEN OBTAINED. NO CONSTRUCTION OR FABRICATION
SHALL BEGIN UNTIL THE CONTRACTOR HAS RECEIVED AND THOROUGHLY REVIEWED ALL PLANS AND
OTHER DOCUMENTS APPROVED BY ALL OF THE PERMITTING AUTHORITIES.
2. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS AND SPECIFICATIONS AND THE
REQUIREMENTS AND STANDARDS OF THE LOCAL GOVERNING AUTHORITY.
3. ALL WORK PERFORMED WITHIN THE R.O.W. SHALL COMPLY WITH THE CITY/COUNTY ENGINEERING DESIGN
STANDARDS. GENERAL CONTRACTOR RESPONSIBLE FOR ANY REQUIRED PERMITS.
4. CONTRACTOR SHALL BE RESPONSIBLE TO LOCATE ALL UNDERGROUND FACILITIES CONTACT NATION WIDE
CALL SYSTEM 811 GOPHER STATE ONE-CALL SYSTEM, INC. DIAL 811, TWO BUSINESS DAYS PRIOR TO
COMMENCEMENT OF WORK.
5. CONTRACTOR IS RESPONSIBLE FOR DEMOLITION & REMOVAL OF ALL EXISTING STRUCTURES WHICH
INTERFERE WITH NEW WORK AS SHOWN .
6. ALL DIMENSIONS, GRADES, EXISTING AND PROPOSED INFORMATION SHOWN ON THE PLANS SHALL BE
FIELD VERIFIED BY THE CONTRACTOR PRIOR TO CONSTRUCTION. CONTRACTOR SHAUL NOTIFY THE
CONSTRUCTION MANAGER IF ANY DISCREPANCIES EXIST PRIOR TO PROCEEDING WITH CONSTRUCTION
FOR NECESSARY PLAN OR GRADE CHANGES. NO EXTRA COMPENSATION SHALL BE PAID TO THE
CONTRACTOR FOR WORK HAVING TO BE REDONE DUE TO INFORMATION SHOWN INCORRECTILY ON THESE
PLANS IF SUCH NOTIFICATION HAS NOT BEEN GIVEN.
7. PROTIECT EXISTING CONCRETIE SIDEWALKS DURING ALL PHASES OF CONSTRUCTION. CONTRACTOR TO
REPLACE ANY CRACKED OR BROKEN PANELS CAUSED BY SITE CONSTRUCTION.
8. CONTRACTOR SHALL PROTECT ADJOINING PROPERTIES & STRUCTURES FROM HAZARDS ASSOCIATED WITH
HIS CONSTRUCTION ACTIVITIES & SHALL BE RESPONSIBLE FOR ALL DAMAGES TO PROPERTIES &
STRUCTURES THAT OCCUR AS A RESULT OF THESE ACTIVITIES.
9. CONTRACTOR SHALL NOT IMPEDE EXISTING TRAFFIC CIRCULATION TO ADJACENT BUSINESSES. COORDINATE
WORK WITH ADJACENT PROPERTY OWNER.
10. CONTRACTOR SHALL PERFORM SWEEPING ON PRIVATE PARKING AREAS AND PUBLIC STREETS AT LEAST
ONCE A WEEK, ONCE A DAY IF NEEDED.
11. CONTRACTOR SHALL BE HELD FULLY RESPONSIBLE TO PREVENT AND ELIMINATE ANY DUST NUISANCE
OCCASIONED BY AND DURING CONSTRUCTION, UNTIL THE PROJECT HAS BEEN COMPLETED AND HANDED
OVER.
12. CONTRACTOR TO PROTECT THE EXISTING VEGETATION TO BE RETAINED DURING SITE AND BUILDING
CONSTRUCTION PROCESS, AS APPLICABLE.
13. THE INSTALLATION OF EROSION & SEDIMENT CONTROL MEASURES AND PRACTICES SHALL OCCUR PRIOR
TO OR CONCURRENT WITH LAND DISTURBING ACTIVITY.
14. ALL PARKING AND DRIVEWAYS SHALL CONFORM TO THE REQUIREMENTS OF THE GOVERNING AGENCY
DESIGN STANDARDS UNLESS NOTED OTHERWISE.
15. ALL DIMENSIONS SHOWN ARE TO TOP FACE OF CURB, EDGE OF SIDEWALK OR EXTERIOR OF BUILDING
UNLESS OTHERWISE NOTED. REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING DIMENSIONS AND
SPECIFICATIONS FOR LOCATION OF EXITS, RAMPS, CONCRETE APRONS AND STOOPS. VADNAIS
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16. ALL CONCRETE CURB & GUTTER ADJACENT TO CO NC RETIE WALK SHALL BE SEPARATED BY A 1 /2 INCH
(_!}I----EXPANSION JDINT.
LITTLE CANADA
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17. CONTINUOUS CONCRETE CURB & GUTTER WHICH CHANGES TYPE SHALL HAVE A FIVE FOOT TRANSITION.
18. CURB & GUTTER ON SITIE TO BE CONCRETE 8612 TYPE CURB AND CURB PER THE GOVERNING AGENCY
STANDARDS.
19. CONCRETE & BITUMINOUS PAVEMENT SECTION DESIGN TO BE IN ACCORDANCE WITH LOCAL
CONSTRUCTION STANDARDS. REFER TO GEOTECHNICAL REPORT AND DETAIL SHEET.
20. ALL STRIPING SHALL BE 4 INCH WHITE PAVEMENT STRIPING, PER GOVERNING AGENCY STANDARDS.
21. ACCESSIBLIE ROUTE SHALL BE PROVIDED FROM ACCESSIBLIE STALLS TO BUILDING ENTRANCE (SEE ADAAG
REQUIREMENTS). POLE MOUNT APPROVED SIGNS, ONE VAN ACCESSIBLIE, CENTER ON STALL LOCATION
PER GENERAL CONTRACTOR. PAINT INTERNATIONAL SYMBOL OF ACCESSIBILITY WHITE ON BLUE
BACKGROUND. G.C. TO ENSURE SLOPE OF PAVEMENT AT ACCESSIBLE PARKING STALLS & ACCESS
AISLE DOES NOT EXCEED 2% IN ALL DIRECTIONS.
22. REFIER TO PHOTOMETRIC PLAN FOR LOCATIONS, FOOTCANDLE PRINT OUT AND SPECIFICATIONS.
FOUNDATION BY CONTRACTOR.
23. CONCRETE DUMPSTER PAD TO BE 7" THICK CONCRETIE PAVEMENT WITH 6"X6" 10/10 W.W.M. (CONSTR.
JTS @ 1 O' O.C.) OVER 4" CLASS V AGGREGATE BASE, SOILS REPORT SUPERSEDE SPEC ABOVE.
MAINTAIN POSITIVE DRAINAGE. REFER TO SOILS REPORT, DETAIL SHEET AND ARCHITIECTURAL PLANS FOR
DUMPSTER DESIGN.
24. CONTRACTOR SHALL COORDINATE WITH THE CITY FIRE MARSHAL FOR POSTING OF FIRE LANES, CURB
MARKINGS & SIGNAGE. PROVIDE KNOX BOX AS REQUIRED BY FIRE MARSHAL TO BE LOCATED ADJACENT
TO ENTRANCE, MOUNTED BETWEEN 48" & 60" ABOVE THE FINISHED FLOOR ELEVATION. REFER TO
ARCHITECTURAL PLANS.
25. SIGNS ARE TO BE INSTALLED BY LICENSED SIGN CONTRACTOR UNDER SEPARATIE PERMIT.
SITE DATA=
CURRENT ZONING
PROPOSED ZONING
B-3, GENERAL BUSINESS DISTRICT
NO CHANGE TO EXISTING ZONING
CURRENT USE
PROPOSED USE
RESTAURANT WITH DRIVE-THRU
NO CHANGE TO USE
EXISTING BUILDING AREA 3,354 S.F. (ONE STORY)
LOT REQUIREMENTS AND SE I BACK DATA=
REQUIREMENTS REQUIRED: EXISTING
LOT AREA:
I OT WIDTH·
BUILDING SETBACK:
15,000 SF
100·
55,369.92 SF
157.22'
WEST(FRONT)-RICE STREET
SOUTH(SIDE)-COUNTRY DRIVE/
COUNTRY DRIVE CONNECTION
EAST(REAR)-POND/COUNTRY DRIVE
NORTH(SIDE)-ADJACENT BUSINESS/
NEW COUNTRY DRIVE
PARKING SETBACK:
WEST-RICE STREET
SOUTH-COUNTRY DRIVE/
COUNTRY DRIVE CONNECTION:
EAST-COUNTRY DRIVE/POND
NORTH-ADJACENT BUSINESS/
NEW COUNTRY DRIVE
40'
40'
20'
0*/40'
5'
5'
5'
5'
57.4'
90'
126.7'
28.9'
5.5'
19'
33'
4'
PER SEC. 912.050 LOT REQUIREMENTS AND SETBACKS:
*SIDE YARD (a) 40' WHEN ABUTTING PUBLIC RIGHT-OF WAY
(b) O' WHEN ABUTTING NON-RESIDENTIAL PROPERTY.
AREA TABULA llON=
EXISTING CONDITIONS SITT: AREA TABLE·
IMPERVIOUS AREA:
BUILDING, PAVEMENT & SIDEWALK:
PERYl □Us AREA·
TOTAL PARCEL AREA:
PRoposm SITE AREA TABLE·
IMPERVIOUS AREA:
BUILDING, PAVEMENT & SIDEWALK:
PERYIPVS AREA·
TOTAL PARCEL AREA:
PARKING DATA:
35,514.09 S.F.
1985583 SF
55,369.92 S.F.
45,792.00 S.F
1458000 SF
60,372.00 S.F.
0.82 AC
045 AC
1.27 AC
1.05 AC
P 34 AC
1.39 AC
PROPOSED·
60,372.00 SF
157.22'
55. 1'
90'
121.2·
68.9'
s.1 •
5' MIN
5' MIN
11.2·
0.64%
P 36%
100%
0.75%
P 25%
100%
EXISTING PARKING STALLS: 54 STALLS (INCLUDES 3 VAN ACCESSIBLE PARKING STALLS)
PROPOSED PARKING STALLS: 66 STALLS (INCLUDES 3 VAN ACCESSIBLE PARKING STALLS)
PER CITY OF LITTLIE CANADA: SE903.050(19)
(19): RESTAURANTS, CAFES, ... : AT LEAST (1) SPACE FOR EACH FORTY (40) S.F. OF GFA FOR DINING
AND BAR AREA AND (1) SPACE FOR EACH EIGHTY (80) S.F. OF KITCHEN AREA.
PARKING CALCULATION: (BUILDING AREA: 3,354 S.F.)
DINING: (±2007 S.F./ 40 = 50.18): 50
KITCHEN: (±404.5 S.F / 80 = 5.5): 6
REQOIRED PARKING: 56
ALLIANT
ENGINEERING
733 Marquette Ave, Ste 700
Minneapolis, MN 55402
612. 758.3080 MAIN
612. 758.3099 FAX
www.alliant-inc.com
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I hereby certify that this plan,
specification, or report was
prepared by me or under my
direct supervision and that I
am a duly Licensed
PROFESSIONAL ENGINEER under
the laws of the State of
MINNESOTA
CLARK WICKLUND, PE
Date License No.
QUALITY ASSURANCE/CONTROL
BY DATE
DATE ISSUE
4.18.19 CITY SUBMITTAL
4.29.19 CLIENT COMMENTS
6.11.19 CLIENT COMMENTS
PROJECT TEAM DATA
DESIGNED: MMM
MMM DRAWN:
PROJECT NO: 218-0079
C-3.0
SHEET
STAFF REPORT
TO: President Keis and Members of the Economic Development Authority
FROM: Chris Heineman, City Administrator
DATE: July 10, 2019
RE: Assignment and Subordination of TIF and Development Agreements for The
Lodge at Little Canada, LLC
ACTION TO BE CONSIDERED:
Motion to approve the Consent of Economic Development Authority, Amended and Restated
Agreement Regarding Tax Increment Financing and the Subordination of EDA Development
Agreement.
BACKGROUND:
The Lodge at Little Canada, LLC (c/o Sherman Associates, Inc.) is selling The Lodge apartments
at 2800 Rice Street to Highland Property Management Group, Inc. The buyer will be assuming the
seller’s obligations under the TIF and Development Agreements related to this property. The City
Attorney’s office has reviewed the attached documents that restate and transfer the agreements
from The Lodge at Little Canada, LLC to The Lodge Apartments at Little Canada, LLC.
STAFF RECOMMENDATION:
Staff recommends the Economic Development Authority approve the Consent of Economic
Development Authority, Amended and Restated Agreement Regarding Tax Increment
Financing and the Subordination of EDA Development Agreement.
AMENDED AND RESTATED
AGREEMENT REGARDING TAX INCREMENT FINANCING
THIS AMENDED AND RESTATED AGREEMENT REGARDING TAX
INCREMENT FINANCING (“Agreement”) entered into as of the _____ day of _____________,
2019, by and among THE LODGE AT LITTLE CANADA LLC, a Minnesota limited liability
company (“Original Borrower”); THE LODGE APARTMENTS AT LITTLE CANADA, LLC, a
Minnesota limited liability company (“New Borrower”); JONES LANG LASALLE
MULTIFAMILY, LLC, a Delaware limited liability company formerly known as Oak Grove
Commercial Mortgage, LLC (“Senior Lender”), and the ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF LITTLE CANADA, MINNESOTA, a Minnesota public body
corporate and politic (“EDA”).
RECITALS:
WHEREAS, effective as of December 1, 2011, Senior Lender made a loan to Original
Borrower in the original principal amount of Nine Million Nine Hundred Forty-Seven Thousand
and 00/100 Dollars (US $9,947,000), which loan is insured by HUD under Section 221(d)(4)
pursuant to Section 223(a)(7) of the National Housing Act, as amended (“Loan”) and is secured
by a certain apartment complex, located in the City of Little Canada, Ramsey County, Minnesota
under the project designation Lodge at Little Canada, FHA Project No. 092-35729 (the
“Project”), as more particularly described in Exhibit A and attached hereto and incorporated by
reference herein (the “Property”).
WHEREAS, the Loan is evidenced by that certain Note dated as of December 1, 2011
(“Note”) given by Original Borrower in favor of Senior Lender, and is secured by (i) that certain
Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing
(Minnesota) given by Original Borrower in favor of Senior Lender, dated effective as of
December 1, 2011 and recorded in the Office of the County Recorder, Ramsey County,
Minnesota on December 29, 2011 as Document Number 4312262 (the “Mortgage”) and (ii) that
certain U.S. Department of Housing and Urban Development Regulatory Agreement for
Multifamily Projects, executed by Original Borrower and HUD dated effective as of December
1, 2011 and recorded in the Office of the County Recorder, Ramsey County, Minnesota on
December 29, 2011 as Document Number 4312263 (“Regulatory Agreement”), and is evidenced
2
and secured by all of the other documents executed or authorized by Original Borrower in
connection with the Loan (collectively, with the Note, Mortgage and Regulatory Agreement, the
“Loan Documents”).
WHEREAS, on even date herewith, Original Borrower has sold and transferred (the
“Transfer”) to New Borrower the Property, subject to New Borrower’s assumption of the Loan.
Original Borrower and New Borrower have obtained Senior Lender’s consent to the Transfer,
and on even date herewith, New Borrower has assumed (“Assumption”) all of Original
Borrower’s obligations under the Loan Documents as set forth in that certain Assumption and
Release Agreement and Modification Agreement dated of even date herewith among Original
Borrower, New Borrower, Senior Lender and HUD (“Assumption Agreement”).
WHEREAS, the Property is a part of Tax Increment Financing District No. 3-3 (the
“Tax Increment District”) created by the Economic Development Authority of the City of Little
Canada, Minnesota, a public body corporate and politic organized and existing under the laws
of the State of Minnesota (“Authority”).
WHEREAS, the Authority and Original Borrower entered into a certain Development
Agreement dated November 22, 2002 (“Original Development Agreement”), as amended by the
First Amendment to Development Agreement dated January 22, 2003 between Authority and
Borrower, as identified in Memorandum of Development Agreement between the Authority and
Original Borrower dated January 22, 2003, filed January 23, 2003 with the Office of the
Recorder of Ramsey County, Minnesota as Document No. 3579418, as further amended by the
Second Amendment to Development Agreement between Authority and Original Borrower
dated July 16, 2004, as identified in the First Amendment to Memorandum of Development
Agreement dated July 16, 2004, filed October 13, 2004 with the Office of the Recorder of
Ramsey County, Minnesota as Document No. 3799747, as further amended by the Certificate of
Completion dated March 26, 2008, recorded April 7, 2008 in the Office of the Ramsey County
Recorder as Document No. 4089388, as Original Borrower assigned its interest in all of the
foregoing documents to New Borrower on even date herewith pursuant to an Assignment and
Assumption of Rights and Obligations Under Development Agreement dated of even date
herewith (collectively the “Development Agreement”), and the Development Agreement sets
forth the Authority’s agreement to provide certain tax increment financing to Borrower in the
form of reimbursements out of tax increments derived from the Tax Increment District (the
“Tax Increment Financing”) as consideration for undertaking certain improvements and
maintaining certain low income housing rental units.
WHEREAS, in order to further evidence the Tax Increment Financing, the Authority
executed and delivered to Original Borrower the United States of America, State of Minnesota,
County of Ramsey, In and For the City of Little Canada, Minnesota, Tax Increment Revenue
Note (The Lodge At Little Canada LLC Project) dated January 22, 2003, in the principal
amount of One Million Fifty Thousand and no/100 ($1,050,000.00), as endorsed by Original
Borrower to New Borrower on even date herewith (collectively the “TIF Note”; with the TIF
Note, the Development Agreement, and any and all amendments and documents related thereto
shall be referred to jointly herein as the “TIF Documents”).
3
WHEREAS, in connection with the Loan, all of the liens, encumbrances, and restrictive
covenants, if any, created by the TIF Documents have been subordinated to the lien of the Loan
pursuant to that certain Subordination Agreement entered into as of December 1, 2011 between
Senior Lender, Original Borrower, and EDA recorded December 29, 2011 with the Office of the
Recorder of Ramsey County, Minnesota as Document No. 4312266 (“Original Subordination
Agreement”) and that certain Master Subordination Agreement entered into as of December 1,
2011 among, Senior Lender, Original Borrower, Ramsey County Housing and Redevelopment
Authority and EDA, recorded December 29, 2011 with the Office of the Recorder of Ramsey
County, Minnesota as Document No. 4312267 (“Original MSA”) and have been re-subordinated
on even date herewith pursuant to that certain Subordination of EDA Development Agreement
between New Borrower and the EDA; and
WHEREAS, Original Borrower, Senior Lender and the EDA entered into that certain
Agreement Regarding Tax Interest Financing dated as of December 1, 2011 (“Original
Agreement”) to document an agreement regarding the binding nature of Section 7.2 of the
Original Development Agreement.
WHEREAS, in connection with the Transfer, the parties wish to amend and restate the
Original Agreement and have agreed to amend and restate the Original Agreement as follows:
“NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, and in further consideration of the parties hereto making and entering
into the loans referred to herein, the parties do hereby agree as follows:
1. Foreclosure. In the event of foreclosure or transfer of title by deed in lieu of foreclosure
of the Mortgaged Property, the TIF Note will terminate unless the New Borrower’s
successor-in-interest under the Development Agreement complies with all provisions
thereof, including without limitation Section 7.2 of the Original Development
Agreement. Senior Lender shall notify the EDA of the event of foreclosure or transfer of
title by deed in lieu of foreclosure of the Mortgaged Property.
2. Reaffirmation of Subordination. The EDA hereby: (a) consents to the Transfer and
Assumption and to the terms of the Assumption Agreement and all other documents
executed by Original Borrower, New Borrower and/or Senior Lender, as appropriate, in
connection with the Assumption; (b) reaffirms all of the terms of the Original
Subordination Agreement and Original MSA; and (c) agrees that all of the terms and
conditions of the Original Subordination Agreement and Original MSA shall remain in
full force and effect without modification thereof except as specifically set forth herein.
3. Notices. All notices to be given by any party to the other under this Agreement shall be
in writing and shall be deemed to have been given when delivered personally, or when
deposited in the United States Mail, registered or certified postage prepaid, addressed to
the party’s address listed below or addressed to any such party at such other address as
such party shall furnish subsequently by notice to the other parties. Any notice delivered
personally to any of the other parties to this Agreement shall be delivered to an officer of
such party.
4
To New Borrower:
To Senior Lender:
To the EDA:
The Lodge Apartments at Little Canada, LLC
7290 Villa Way
Edina, Minnesota 55436
Jones Lang LaSalle Multifamily, LLC
2177 Youngman Avenue
St. Paul, Minnesota 55116
Economic Development Authority of
the City of Little Canada, Minnesota
515 East Little Canada Road
Little Canada, Minnesota 55117
ATTN: Chris Heineman, City Administrator
4.Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall constitute
one instrument.”
[signature pages follow]
5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be
effective as of the date and year first above written.
ORIGINAL BORROWER:
THE LODGE AT LITTLE CANADA LLC,
a Minnesota limited liability company
By:
Name: George E. Sherman
Its: President
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of _____________,
2019, by George E. Sherman, the President of THE LODGE AT LITTLE CANADA LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
Commission
Expiration: ____________________________
6
NEW BORROWER:
THE LODGE APARTMENTS AT LITTLE
CANADA, LLC, a Minnesota limited liability
company
By:
Name: Gerald C. Greene
Title: Chief Executive Officer,
Secretary and Treasurer
STATE OF MINNESOTA )
) SS:
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2019, by Gerald C. Greene, the Chief Executive Officer, Secretary and
Treasurer of THE LODGE APARTMENTS AT LITTLE CANADA, LLC, a Minnesota limited
liability company, for and on behalf of said limited liability company.
Notary Public
Commission
Expiration:
7
SENIOR LENDER:
JONES LANG LASALLE MULTIFAMILY, LLC,
a Delaware limited liability company
By:
Name:
Its:
STATE OF MINNESOTA )
)ss
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ______ day of
___________________, 2019, by _________________, the ______________ of JONES LANG
LASALLE MULTIFAMILY, LLC, a Delaware limited liability company, on behalf of said
corporation.
Notary Public
Commission
Expiration:
8
EDA:
ECONOMIC DEVELOPMENT AUTHORITY OF
THE CITY OF LITTLE CANADA, a Minnesota
public body corporate and politic
By:
Name:
Its:
Approved as to Form:
______________________
______________________
STATE OF MINNESOTA )
)ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ______ day of ______________,
2019, by _________________________, the ______________________, of the ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF LITTLE CANADA, a Minnesota public
body corporate and politic, on behalf of the public body corporate and politic.
____________________________________
Notary Public
Commission
Expiration: ____________________________
This instrument was drafted by:
FOX ROTHSCHILD LLP (CAE)
Campbell Mithun Tower
222 South Ninth Street, Suite 2000
Minneapolis, MN 55402-3338
SPACE ABOVE THIS LINE FOR RECORDER’S USE
PREPARED BY AND WHEN
RECORDED MAIL TO:
Fox Rothschild LLP (CAE)
222 South Ninth Street, Suite 2000
Minneapolis, MN 55402-3338
SUBORDINATION OF
EDA DEVELOPMENT AGREEMENT
This SUBORDINATION OF EDA DEVELOPMENT AGREEMENT (“Agreement”) is
made as of 2019, between THE LODGE APARTMENTS AT LITTLE
CANADA LLC, a Minnesota limited liability company (“Borrower”), and THE ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF LITTLE CANADA, a public body
corporate and politic under the laws of the State of Minnesota (the “EDA”).
WHEREAS, as of December 1, 2011, Jones Lang LaSalle Multifamily, LLC, a Delaware
limited liability company formerly known as Oak Grove Commercial Mortgage, LLC made a
loan to THE LODGE AT LITTLE CANADA LLC, a Minnesota limited liability company (the
“Original Borrower”), in the original principal amount of Nine Million Nine Hundred Forty-
Seven Thousand and 00/100 Dollars (US $9,947,000), which loan is insured by HUD under
Section 221(d)(4) pursuant to Section 223(a)(7) of the National Housing Act, as amended
(“Mortgage Loan”) and is secured by a certain apartment complex, located in the City of Little
Canada, Ramsey County, Minnesota under the project designation Lodge at Little Canada, FHA
Project No. 092-35729 (the “Project”), as more particularly described in Exhibit A and attached
hereto and incorporated by reference herein;
WHEREAS, the Mortgage Loan is evidenced by that certain Note dated as of December
1, 2011 given by Original Borrower in favor of Lender, and is secured by (i) that certain
Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing
(Minnesota) given by Original Borrower in favor of Lender, dated effective as of December 1,
2011 and recorded in the Office of the County Recorder, Ramsey County, Minnesota on
December 29, 2011 as Document Number 4312262 (“Original Security Instrument”), as
amended by that certain Assumption and Release Agreement and Modification Agreement dated
94245185.v2-5/15/19 2
of even date herewith among Original Borrower, Borrower, Lender and HUD (“Assumption
Agreement”; with the Original Security Instrument and Assumption Agreement collectively
referred to herein as “Security Instrument”) and (ii) that certain U.S. Department of Housing and
Urban Development Regulatory Agreement for Multifamily Projects, executed by Original
Borrower and HUD dated effective as of December 1, 2011 and recorded in the Office of the
County Recorder, Ramsey County, Minnesota on December 29, 2011 as Document Number
4312263 (“Original Regulatory Agreement”), as amended by the Assumption Agreement
(collectively “Regulatory Agreement”);
WHEREAS, the EDA and Original Borrower were parties to that certain Development
Agreement dated November 22, 2002, as amended by the First Amendment to Development
Agreement dated January 22, 2003 between the EDA and Original Borrower, as further amended
by the Second Amendment to Development Agreement dated July 16, 2004 between the EDA
and Original Borrower, as further amended by Certificate of Completion dated March 26, 2008,
recorded April 7, 2008, in the Office of the Anoka County Recorder as Document No.
4089388(collectively the “Original Development Agreement”);
WHEREAS, the EDA and Original Borrower memorialized the terms of the
Development Agreement pursuant to a Memorandum of Development Agreement between the
Authority and Original Borrower dated January 22, 2003, filed January 23, 2003 with the Office
of the Recorder of Ramsey County, Minnesota as Document No. 3579418, as amended by the
First Amendment to Memorandum of Development Agreement dated July 16, 2004, filed
October 13, 2004 with the Office of the Recorder of Ramsey County, Minnesota as Document
No. 3799747 (collectively “Memorandum”);
WHEREAS, Original Borrower assigned its interest in all of the foregoing documents to
Borrower on even date herewith pursuant to an Assignment and Assumption of Rights and
Obligations under Development Agreement (“Assignment”; with the Original Development
Agreement, Memorandum and Assignment collectively referred to herein as “Development
Agreement”);
WHEREAS, on even date herewith, Original Borrower has sold and transferred to
Borrower the Project (“Transfer”), and in connection therewith, HUD requires as a condition of
its consent to such Transfer, that the Development Agreement be subordinated to the lien,
covenants, and enforcement of the Security Instrument, Regulatory Agreement and all other
documents executed and delivered by Original Borrower, Borrower and/or Lender in connection
with the Loan (collectively “HUD Loan Documents”); and
WHEREAS, the EDA has agreed to subordinate the Development Agreement to the
HUD Loan Documents in accordance with the terms hereof.
NOW, THEREFORE, in consideration of the foregoing and for other consideration the
receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
(a) In the event of any conflict between any provision contained elsewhere in the
Development Agreement and any provision contained in this Agreement, the provision contained
in this Agreement shall govern and be controlling in all respects as set forth more fully herein.
94245185.v2-5/15/19 3
(b) The following terms shall have the following definitions:
“Code” means the Internal Revenue Code of 1986, as amended.
"HUD" means the United States Department of Housing and Urban Development.
"HUD Regulatory Agreement" means the Regulatory Agreement between Borrower
and HUD with respect to the Project, as the same may be supplemented, amended or modified
from time to time.
“Lender” means Jones Lang LaSalle Multifamily, LLC, a Delaware limited liability
company, its successors and assigns.
“Mortgage Loan” means the mortgage loan made by Lender to the Borrower pursuant to
the Mortgage Loan Documents with respect to the Project.
“Mortgage Loan Documents” means the Security Instrument, the HUD Regulatory
Agreement and all other documents required by HUD or Lender in connection with the Mortgage
Loan.
“National Housing Act” means the National Housing Act of 1934, as amended.
“Program Obligations” has the meaning set forth in the Security Instrument.
“Residual Receipts” has the meaning specified in the HUD Regulatory Agreement.
“Security Instrument” means the mortgage or deed of trust from Borrower in favor of
Lender, as the same may be supplemented, amended or modified.
“Surplus Cash” has the meaning specified in the HUD Regulatory Agreement.
(c) Notwithstanding anything in the Development Agreement to the contrary, the
provisions hereof are expressly subordinate to (i) the Mortgage Loan Documents, including
without limitation, the Security Instrument, and (ii) Program Obligations (the Mortgage Loan
Documents and Program Obligations are collectively referred to herein as the “HUD
Requirements”). Borrower covenants that it will not take or permit any action that would result
in a violation of the Code, HUD Requirements or the Development Agreement. In the event of
any conflict between the provisions of the Development Agreement and the provisions of the
HUD Requirements, HUD shall be and remains entitled to enforce the HUD Requirements.
Notwithstanding the foregoing, nothing herein limits the EDA’s ability to enforce the terms of
the Development Agreement, provided such terms do not conflict with statutory provisions of the
National Housing Act or the regulations related thereto. The Borrower represents and warrants
that to the best of Borrower’s knowledge the Development Agreement imposes no terms or
requirements that conflict with the National Housing Act and related regulations.
94245185.v2-5/15/19 4
(d) In the event of foreclosure (or deed in lieu of foreclosure), the Development
Agreement (including without limitation, any and all land use covenants and/or restrictions
contained herein) shall automatically terminate.
(e) Borrower and the EDA acknowledge that Borrower’s failure to comply with the
covenants provided in the Development Agreement does not and shall not serve as a basis for
default under the HUD Requirements, unless a default also arises under the HUD Requirements.
(f) In enforcing the Development Agreement the EDA will not file any claim against
the Project, the Mortgage Loan proceeds, any reserve or deposit required by HUD in connection
with the Security Instrument or HUD Regulatory Agreement, or the rents or other income from
the property other than a claim against:
i. Available Surplus Cash, if the Borrower is a for-profit entity;
ii. Available distributions of Surplus Cash and Residual Receipts authorized
for release by HUD, if the Borrower is a limited distribution entity; or
iii. Available Residual Receipts authorized by HUD, if the Borrower is a non-
profit entity.
(g) For so long as the Mortgage Loan is outstanding, Borrower and EDA shall not
further amend the Development Agreement, with the exception of clerical errors or
administrative correction of non-substantive matters, without HUD’s prior written consent..
(h) Subject to the HUD Regulatory Agreement, the EDA may require the Borrower to
indemnify and hold the EDA harmless from all loss, cost, damage and expense arising from any
claim or proceeding instituted against EDA relating to the subordination and covenants set forth
in the Development Agreement, provided, however, that Borrower’s obligation to indemnify and
hold the EDA harmless shall be limited to available Surplus Cash and/or Residual Receipts of
the Borrower.
[THE REMAINDER OF THIS PAGE SHALL REMAIN BLANK]
94245185.v2-5/15/19 5
THE LODGE APARTMENTS AT LITTLE
CANADA, LLC, a Minnesota limited liability
company
By:
Name: Gerald C. Greene
Title: Chief Executive Officer,
Secretary and Treasurer
STATE OF MINNESOTA )
) SS:
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this ______ day of
_______________, 2019, by Gerald C. Greene, the Chief Executive Officer, Secretary and
Treasurer of THE LODGE APARTMENTS AT LITTLE CANADA, LLC, a Minnesota limited
liability company, for and on behalf of said limited liability company.
Notary Public
Commission
Expiration:
94245185.v2-5/15/19 6
THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF LITTLE
CANADA, a public body corporate and politic
under the laws of the State of Minnesota
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of
, 2019, by __________________, the of The
Economic Development Authority of City of Little Canada, a public body corporate and politic
under the laws of the State of Minnesota.
Notary Public
This instrument was drafted by:
Fox Rothschild LLP (CAE)
222 South Ninth Street, Suite 2000
Minneapolis, MN 55402-3338
94245185.v2-5/15/19 7
Exhibit A
Legal Description
Lot 1, Block 1, Villas at Little Canada.
Ramsey County, Minnesota
Abstract Property