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07-01-2019 Council Packet
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07-01-2019 Council Packet
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10/30/2021 1:08:48 PM
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City Council
Council Document Type
Council Packet
Meeting Date
07/01/2019
Council Meeting Type
Work Session Regular
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16 <br />what measures or acts will be necessary, in the opinion of the Authority, for the Developer to take or <br />perform in order to obtain such certification. <br /> <br />(c) Regardless of whether a Certificate of Completion is issued by the Authority, the <br />construction of the Minimum Improvements shall be deemed to be complete upon issuance of a <br />certificate of occupancy by the City. <br /> <br /> Section 4.5. Affordability Covenants; Qualification of TIF District. The Authority and the <br />Developer understand and agree that the TIF District constitutes a “housing district” under Section <br />469.174, subdivision 11 and Section 469.1761 of the TIF Act. In that regard, the Developer agrees <br />that the Minimum Improvements are subject to the following affordability covenants: <br /> <br /> (a) At all times from initial occupancy of the Minimum Improvements through the <br />Maturity Date, the Minimum Improvements must comply with Section 469.1761, subdivision 3 of <br />the TIF Act, which requires that the Minimum Improvements satisfy the income requirements for a <br />qualified residential rental project as defined in Section 142(d) of the Internal Revenue Code. <br /> <br /> (b) In consideration of the financial assistance provided by this Agreement (from tax <br />increment), the Developer represents and covenants that from the date the Minimum Improvements <br />are initially occupied through the Maturity Date, at least twenty percent (20%) of the units in the <br />Minimum Improvements, including any units designated as guest units, shall be available for <br />occupancy by individuals or families whose income is fifty percent (50%) or less of the area median <br />gross income. <br /> <br /> (c) If the Authority receives notice from the State Department of Revenue, the State <br />Auditor, any Tax Official or any court of competent jurisdiction that the TIF District does not <br />qualify as a “housing district,” due to the action or inaction of the Developer, such event shall be <br />deemed an Event of Default under this Agreement; provided, however, that the Authority may not <br />exercise any remedy under this Agreement so long as such determination is being contested and has <br />not been finally adjudicated. In addition to any remedies available to the Authority under Article IX <br />hereof, the Developer shall indemnify, defend and hold harmless the Authority for any damages or <br />costs resulting therefrom, except with respect to damages or costs resulting from the gross <br />negligence or willful misconduct of the Authority. <br /> <br /> (d) The Developer understands that if the Developer does not comply with the <br />affordability covenants in this Section 4.5, the TIF Act requires the Authority to decertify the TIF <br />District. <br /> <br />Section 4.6. Affordable Housing Reporting. At least annually, no later than April 1 of each <br />year commencing on the April 1 first following the issuance of the Certificate of Completion, the <br />Developer shall provide a report to the Authority evidencing that the Developer complied with the <br />affordability covenants set forth in Section 4.5 hereof during the previous calendar year. The <br />Report shall include the compliance certificate set forth in EXHIBIT G and the income form entitled <br />“Tenant Income Certificate” from the Minnesota Housing Finance Agency (MHFA HTC Form 14), <br />or if unavailable, any similar form, for each residential unit meeting the affordability requirements <br />under Section 4.5. The Authority may require the Developer to provide additional information in
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