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HomeMy WebLinkAbout03/22/2022LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, MARCH 22, 2022 Due to the coronavirus, the city council is holding meetings by teleconference. The public may view the meeting on Lauderdale's public access channel 16 for cable subscribers or online at https :/Iwww. ctvnorthsuburbs . org/your-city/lauderdale/. The public may join the meeting using the login instructions at the end of the agenda. The City Council is meeting as a legislative body to conduct the business of the City according to Robert's Rules of Order and the Standing Rules of Order and Business of the City Council. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL 3. APPROVALS a. Agenda b. Minutes of the March 8, 2022 City Council Meeting c. Claims Totaling $101,996.95 4. CONSENT a. 2022 Street Sweeping Agreement with Mike McPhillips 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. City Council Updates 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Roberts Rules of Order and the standing rules of order and business of the City Council. a. Ordinance No. 22-02 Amending Title 9, Chapter 11 of the Code of Ordinances Regarding Rental Housing Provisions b. Resolution No. 032222A — Authorizing Publication of Ordinance No. 22-02 by Title and Summary 8. DISCUSSION / ACTION ITEM a. Resolution No. 032222B — Approving the Final Planned Unit Development (PUD), Rezoning and Conditional Use Permit at 1795 Eustis Street to Construct and Operate a Senior Multi -Family Housing Project ("Project") b. Ordinance No. 22-03 Amending Title 10, Chapter 5 of the Code of Ordinances Regarding the Official Zoning Map and Zoning Districts c. Resolution No. 032222C — Approving the Vacation of the Public Alley and Landscape Easement at 1795 Eustis Street d. Resolution No. 032222D — Approving the Sale of 1795 Eustis Street and Authorizing Execution of the Purchase and Development Agreement Related Thereto e. Resolution No. 032222E — Authorizing Publication of Ordinance No. 22-03 by Title and Summary f. Organic Turf Management Options 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. February Financial Report b. Audit Presentation c. Annual Report by Police Chief John Mangseth — April 26 d. Briefing with County Attorney John Choi — May 10 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address, and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT Meeting Login Instructions: You are invited to a Zoom webinar. When: Mar 22, 2022 07:00 PM Central Time (US and Canada) Topic: March 22, 2022 Lauderdale City Council Webinar Please click the link below to join the webinar: https://us02web.zoom.us/j/83155311595?pwd=cmkxcWJzb 1 ZMdOovVFVDa3BWY1 ZsQT09 Passcode: 836515 Or One tap mobile : US: +16465588656„83155311595# or +13017158592„83155311595# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or 833 548 0282 (Toll Free) or 877 853 5247 (Toll Free) or 888 788 0099 (Toll Free) or 833 548 0276 (Toll Free) Webinar ID: 831 5531 1595 International numbers available: https://us02web.zoom.us/u/ks9smIk21 LAUDERDALE CITY COUNCIL MEETING MINUTES HELD REMOTELY VIA TELECONFERENCE Page 1 of 2 March 8, 2022 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:00 p.m. Roll Call Councilors present: Andi Moffatt, Jeff Dains, Roxanne Grove, and Mayor Mary Gaasch. Councilor absent: Duane Pulford. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions or corrections to the meeting agenda Councilor Moffatt added consideration of a letter of support for Keystone Community Services to the Additional Items portion of the agenda. Councilor Moffatt moved and seconded by Councilor Dains to approve the agenda as amended. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any corrections to the February 22, 2022 City Council meeting minutes. There being none, Councilor Moffatt moved and seconded by Councilor Dains to approve the minutes of the February 22, 2022 City Council meeting. Motion carried unanimously on a roll call vote. Mayor Gaasch asked if there were any questions on the claims. There being none, Councilor Dains moved and seconded by Councilor Grove to approve the claims totaling $35,237.92. Motion carried unanimously on a roll call vote. Informational Presentations/Reports A. City Council Updates Councilor Grove said she would be unable to attend the upcoming Ramsey County League of Local Governments board meeting on March 11. Mayor Gaasch said she could attend in her absence. Discussion/Action Item A. Draft -Land -Use and Financial Development Agreements for 1795 Fustis Street Mayor Gaasch introduced Keith Dahl, the City's financial advisor. Dahl reviewed the key financial considerations for the redevelopment of 1795 Eustis Street Next, Ron Batty, city attorney, explained the purchase and development agreement he drafted. The draft was being reviewed and revised by both sides with the final agreement expected for consideration at the next meeting. The city council reviewed the documents and asked questions of the consultants. Jennifer Haskamp, the consulting city planner, explained the final land use approvals needed for the project and asked for direction from the city council to prepare the appropriate resolutions and ordinances for consideration at the next meeting. LAUDERDALFi, CITY COUNCIL MEFHTING MINUThS HF;LD REMOTELY VIA TELF,CONFFi;RENCh Page 2 of 2 March 8, 2022 Councilor Moffatt made a motion directing Haskamp to prepare the items outlined in her memo dated March 4. This was seconded by Counciloi Grove and carried unanimously on a roll call vote. Additional Items A Letter of Support for Keystone Community Services Keystone Community Services operates a food shelf in St. Paul. They requested a letter of support from the city council to assist in securing a $4 million -dollar bond from the legislature to improve their operations. Mayor Gaasch stated that she would write a letter supporting Keystone Community Seivices on behalf of the Council. Set Agenda for Next Meeting The next council meeting may include the land use and financial development agreements for 1795 Eustis Street, rental housing ordinance revisions, organic turf management options, and the February financial report. Work Session A. Community Development Update Butkowski stated that the zoning ordinance survey would be available until the end of March and urged the public to complete it. Butkowski also addressed the Ramsey County plowing issues from the weekend. For years, the County has expressed then lack of resources to continue providing the service. As such, this is the last year they will plow Lauderdale's street. Staff has been working to find an alternate provider. Council member Dains expressed his concerns about their road salt usage. B. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to anyone in attendance interested in addressing the Council. There being no one interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Dains moved and seconded by Councilor Moffatt to adjourn the meeting at 8:12 p.m. Motion carried unanimously. Respectfully submitted, Heathei Butkowski City Administrator To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1 89 1 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-631-2066 FAX Request for Council Action Mayor and City Council City Administrator March 22, 2022 List of Claims The claims totaling $101,996.95 are provided for City Council review and approval that includes check numbers 27837 to 27857. Accounts Payable Checks by Date -Detail by Check Date User: Printed: miles.cline 3/21/2022 1:17 PM Check No Vendor No Vendor Name Invoice No Description Check Date Reference Check Amount ACH 34 AFSCME MN Council 5 PR Batch 50600.03.2022 Union Dues ACH 43 ACH 44 ACH 45 ACH 46 FixFICA 27837 20 454948 454948 454948 27838 364 346179 27839 184 4112639213 4112639213 03/18/2022 PR Batch 50600.03.2022 Unic Total for this ACH Check for Vendor 34: Public Employees Retirement Association PR Batch 50600.03.2022 PERA Coordinated PR Batch 50600.03.2022 PERA Coordinated 03/18/2022 PR Batch 50600.03.2022 PER PR Batch 50600.03.2022 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 50600.03.2022 State Income Tax 03/18/2022 PR Batch 50600.03.2022 Stab Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 50600.03.2022 Deferred Conip PR Batch 50600.03.2022 Deferred Comp 03/18/2022 PR Batch 50600.03.2022 Def( PR Batch 50600.03.2022 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 50600.03.2022 Federal Income Tax PR Batch 50600.03.2022 Medicare Employee Pc PR Batch 50600.03.2022 Medicare Employer Po PR Batch 50600.03.2022 FICA Employee Portio PR Batch 50600.03.2022 FICA Employer Portio Fix $.01 difference on Hinrichs FICA payment 03/18/2022 PR Batch 50600.03.2022 Fed( PR Batch 50600.03.2022 Med PR Batch 50600.03.2022 Med PR Batch 50600.03.2022 FIC. PR Batch 50600.03.2022 FIC. Total for this ACH Check for Vendor 46: Total for 3/18/2022: Abdo Eick & Meyers LLP 03/22/2022 2021 Audit 2021 Audit 2021 Audit American Sewer LLC Clear Clogged Floor Drain Cintas March Uniforms March Uniforms Total for Check Number 27837: 03/22/2022 Total for Check Number 27838: 03/22/2022 164.64 164.64 1,156.63 1,002.41 2,159.04 660.18 660.18 1,183.04 1,498.21 2,681.25 1,728.39 262.93 262.93 1,124.13 1,124.13 -0.01 4,502.50 10,167.61 5,600.00 1,200.00 1,200.00 8,000.00 125.00 125.00 5.27 5.28 AP Checks by Date - Detail by Check Date (3/21/2022 1:17 PM) Page 1 Check No Vendor No Invoice No 27840 36 0230741 27841 29 4181 27842 25 EMCOM-009901 EMCOM-009916 EMCOM-009933 27843 12 2022-029 2022-029 2022-029 27844 26 1896253 1896253 1896253 1896253 1896254 27845 90 9900767628 9900767628 9900767628 27846 7 9117391-0500-3 27847 74 770014880 770384234 770384234 770384234 770384234 27848 65 18222146 Vendor Name Description City of Roseville March IT Services City of St Anthony March Police Services County of Ramsey February Fleet Support February 911 Dispatch Services February CAD Services NineNorth February Virtual Meeting Charge February Virtual Meeting Production February Webstreaming & Archiving Stantec Consulting Services Inc Get record plans to 1795 Eustis Developer GIS Set Up WCA Report General Engineering 2021 Sewer Lining Project Verizon Wireless February Cell Phone February Cell Phone February Cell Phone Waste Management Inc March Public Works Xcel Energy February Street Lighting 1885 Fulham Street 1885 Fulham Street 1917 Walnut Street 1917 Walnut Street Allstream Inc. Fax Line AP Checks by Date - Detail by Check Date (3/21/2022 1:17 PM) Check Date Reference Total for Check Number 27839: 03/22/2022 Total for Check Number 27840: 03/22/2022 Total for Check Number 27841: 03/22/2022 Total for Check Number 27842: 03/22/2022 Total for Check Number 27843: 03/22/2022 Total for Check Number 27844: 03/22/2022 Total for Check Number 27845: 03/22/2022 Total for Check Number 27846: 03/22/2022 Total for Check Number 27847: 03/22/2022 Total for Check Number 27848: Check Amount 10.55 1,802.97 1,802.97 66,856.92 66,856.92 6.24 642.58 106.52 755.34 98.25 360.00 255.41 713.66 90.50 905.00 45.25 543.00 1,862.00 3,445.75 147.85 295.69 147.84 591.38 557.49 557.49 498.76 130.07 142.27 202.79 42.16 1,016.05 53.22 53.22 Page 2 Check No Vendor No Invoice No 27849 184 4114009878 4114009878 27850 192 141993594 27851 25 RISK -002163 27852 19 89998 89999 27853 134 00122 27854 185 032022 032022 032022 27855 365 113094 27856 5 619861-02-22 27857 74 770055731 770058924 770434313 770585103 770585103 770585103 Vendor Name Description Cintas March Uniforms March Uniforms Comcast Holdings Corporation March Internet County of Ramsey PR Batch 50600.03.2022 Short Term Disability PR Batch 50600.03.2022 Long Term Disability PR Batch 50600.03.2022 Life Insurance March Insurance Processing Fee Ehlers and Associates Inc 1795 Eustis Street Redevelopment 1795 Eustis Redevelopment Katrina Joseph February Legal Services Lauderdale Certified Auto Repair Inc February Fuel February Fuel February Fuel L -Z Truck Equipment Inc Truck Repairs Premium Waters Inc February Water Bottles Xcel Energy Larpenteur Bridge Lights 2430 Larpenteur Avenue W Larpenteur Avenue 1891 Walnut Street 1891 Walnut Street 1795 Eustis Street Check Date Reference 03/22/2022 Total for Check Number 27849: 03/22/2022 Total for Check Number 27850: 03/22/2022 PR Batch 50600.03.2022 Silo] PR Batch 50600.03.2022 Lon; PR Batch 50600.03.2022 Life Total for Check Number 27851: 03/22/2022 Total for Check Number 27852: 03/22/2022 Total for Check Number 27853: 03/22/2022 Total for Check Number 27854: 03/22/2022 Total for Check Number 27855: 03/22/2022 Total for Check Number 27856: 03/22/2022 Total for Check Number 27857: Total for 3/22/2022: Check Amount 4.23 4.23 8.46 413.00 413.00 85.79 92.49 223.93 25.00 427.21 275.00 3,838.75 4,113.75 925.00 925.00 51.56 51.56 240.63 343.75 676.00 676.00 4.00 4.00 42.04 16.47 69.48 570.31 191.14 100.40 989.84 91,829.34 AP Checks by Date - Detail by Check Date (3/21/2022 1:17 PM) Page 3 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount Report Total (26 checks): 101,996.95 AP Checks by Date - Detail by Check Date (3/21/2022 1:17 PM) Page 4 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution Work Session Meeting Date March 22, 2022 ITEM NUMBER Street Sweeping Contract STAFF INITIAL HB APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Staff received a quote fiom Mike McPhillips, Inc. Similar to last year, staff did not solicit addi- tional quotes as Mike McPhillips has been the only company that consistently meets the City's expectations in terms of quality of sweep and attention to detail. Staff will solicit additional quotes if the Council would like. Staff asked Mike McPhillips, Inc. to quote three sweeps in 2022. Additional sweeps have been discussed for some time and staff think a third is necessary. If we have a big storm with lots of little debris, a sweep would be helpful If that does not happen, two sweeps in fall would allow the City to catch the leave that fall earlier and later. Ultimately, this will keep more debris out of catch basins and prevent pollution. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council approves contracting with Mike McPhillips, Inc. to perform the 2022 street sweepings per the terms of the service agreement. City of Lauderdale 1891 Walnut Street • Lauderdale • Minnesota 55113 Phone: 651 792.7650 Fax: 651.631.2066 The City of Lauderdale is requesting a quote for three sweeping in spring and fall in 2022 based upon the included map. Timing of the sweeps will be coordinated by the city administrator. The fall sweeping is expected to occur after the vast majority of the leaves have fallen. PROCEDURE 1 First day of sweeping must be a Tuesday, Wednesday, or Thursday. No street sweeping shall be done on Mondays (city-wide garbage and recycling collection day) 2. Day 1: sweep streets curb to curb and all paved surfaces of the alleys/parking lots. 3. Day 2: clean up remaining areas not swept. 4. All sweepings must be hauled away at contractor's expense. CITY TO PROVIDE 1. Posting of "no parking" street signs. 2. Street map of Lauderdale 3. Daily supervision of areas to be swept. 4. Space to park sweeper overnight at city garage. CONTRACTOR TO PROVIDE 1. Hydrants for water are available. Contractor must make arrangement with St. Paul Regional Water to purchase the water (they own the local water utility). 2. Affidavit of insurance - prior to start date. 3. Agree to the terms of the City's Service Agreement. 4. Estimate of yards of material hauled away. The City reserves the right to accept or reject quotes for any reason. Company Name YLlr//Ulc.Pk4it: p< Company Contact r��P 'sem.. Address Sz5 done/N(4 Srreet K/anrz; City 2i Sr:fa/ State Met/ Zip Ss -o' Phone 657- 4/s7- 5/076 Fax !ost. « SI - 449/s- Email 644/4..z- Q ,n cp4//4aj L,c £oma Total for three sweeps not to exceed (including labor): $ 164- 3 6Z7. eel Cost per additional sweeping, if requested by the City (Hourly rate): $ //S, Cr - Signature: Date: '744 ezz.. CONTACT: Heather Butkowski, City Administrator: 8:00 a.m. - 4:30 p.m., Monday - Friday. Contract between the City of Lauderdale and Mike McPhillips, Inc. This contract (the "Agreement") is made and entered into this 22nd day of March, 2022, between the City of Lauderdale, Minnesota (the "City"), and Mike McPhillips, Inc (the "Contractor"), (collectively, the "Parties"). 1. Scope of Services. The Contractor agrees to perform the following services: • Sweep streets, alleys, and parking lots per the attached plan. • This is approximately 5.5 miles of streets. • The timing of the sweepings will be coordinated with the city administrator, • All sweepings must be hauled away by the contractor at contractor's expense. • The first day of work must be a Tuesday, Wednesday, or Thursday. No street sweeping may be done on Monday. 2. Compensation. The City agrees to pay the Contractor an amount not to exceed the quoted price of $15,300.00. The City shall not withhold monies for the payment of any federal 01 state mcome taxes, social security benefits, or other taxes. 3. Tenn. This a •eement is applicable for three street sweepings in 2022. 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an ` independent contractor" and not an employee of the City. The Conti actor shall have control over the manner in which the services are performed under this Agreement. The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 5. Insurance Requirements. A. Liability. The Contractor agrees to maintain commercial general liability insurance in a minimum amount of $1,000,000 per occurrence. The policy shall cover liability arising from premises, operations, products -completed operations, personal injury, advertising injury, and contractually assumed liability The City shall be named as an additional insured B. Automobile Liability If the Contractor operates a motor vehicle in performing the services under this Agreement, the Contractor shall maintain automobile liability insurance including owned, hired, and non -owned automobiles with a miminum liability limit of $1,000,000 combined single limit. The City shall be named as an additional insured. C. Workers' Compensation. The Contractor agrees to comply with all applicable workers' compensation laws in Minnesota. D. Certificate of Insurance The Contractor shall, prior to commencing services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. 6. Indemnification. The Contractor agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Contractor's performance or failure to perform its duties under this Agreement. 7. General Provisions. A. Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. B . Assignment. The Contractor may not assign this Agreement to any other person unless written consent is obtained from the City. C. Amendments Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D . Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. E . Savings Clause If any court finds any portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. F. Waivers. The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. G. No Waiver by City. By entering into this agreement, the City does not waive its entitlement to any immunity under statute or common law. H . Termination Either party may terminate this agreement at any time for any reason If the contract is terminated early, the City will pay a pro rated fee for services performed to date. IN WITNESS WHEREOF, the Parties, have caused this Agreement to be approved on the date above City of Lauderdale, Minnesota By Mary Gaasch, Mayor And: Heather Butkowski, City Administrator Michael Edge, Mike McPhil phi s, Inc. Contractor LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date March 22, 2022 ITEM NUMBER STAFF INITIAL APPROVED BY ADMINISTRATOR Amend Title 9, Chapter 11 DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: With the recent change to a contracted building official, it is necessary to make a few minor tweaks to the rental housing ordinance. The primary change eliminates the refund foi rental property owners that don't require multiple inspections to qualify for a license. That benefit no longer aligns with the compensation and fee structure negotiated with the new building official. It also provides a chance to make a few other non -substantive edits and corrections. OPTIONS: After holding the public hearing, consider adoption of the amended rental housing ordinance and adopt the resolution allowing for publication by title and summary. STAFF RECOMMENDATION: Motion to adopt Ordinance No. 22-02 Amending Title 9, Chapter 11 of the Code of Ordi- nances Regarding Rental Housing Provisions. Motion to adopt Resolution No. 032222AAuthorizing Publication of Ordinance No. 22- 02 by Title and Summary. Member introduced the following resolution and moved its adoption. CITY OF LAUDERDALE RDALE RESOLUTION NO. 032222A RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 22-02 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 22-02, an ordinance amending Title 9, Chapter 11 of the code of ordinances regarding rental housing provisions; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 19 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BK IT RESOLVED by the city council of the city of Lauderdale that the city administrator shall cause the following summary of Ordinance No. 22-02 to be published in the official newspaper in lieu of the entire ordinance: Public Notice On March 22, 2022, the city council of the city of Lauderdale adopted Ordinance No. 22-02 amending Title 9 Chapter 11 of the code of ordinances regarding iental housing provisions. The ordinance amends the city's rental licensing chapter by (i) adding homesteaded parcels to the list of exempted properties; (ii) eliminating fee refunds for applicants that do not require a second inspection; (iii) updating certain notice and hearing requirements; and (iv) authorizing the city to collect unpaid iental licensing fees pursuant to Minnesota Statutes, section 366.012. The ordinance also updates the chapter's section numbers and cross-references, removes outdated, redundant, and unnecessary code language, and updates language to conform to current city practices. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Lauderdale city hall during regular business hours and has 1 782914.v1 been posted to the city's website. Bh IT FURTHER RESOLVED by the city council of the city of Lauderdale that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: March 22, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 2 782914.v1 CITY OF LAUDERDALE ORDINANCE NO. 22-02 An Ordinance Amending Title 9, Chapter 11 of the Code of Ordinances Regarding Rental Housing Provisions The city council of the city of Lauderdale ordains as follows: SECTION 1. The Lauderdale City Code is amended by deleting the stricken material and adding the underlined material as follows: 9-11-1 9-11-2 9-11-3 9-11-4 9-11-5 9-11-6 9-11-7 9-11-8 9-11-9 9-11-10 9-11-11 9-11-12 9-11-13 9-11-14 CITY OF LAUDERDALE, CHAPTER 11 RENTAL HOUSING PROVISIONS PURPOSE APPLICABILITY; SCOPE ADOPTION OF PROPERTY MAINTENANCE CODE DEFINITIONS ENFORCEMENT OFFICER OWNER RESPONSIBILITIES CRIME FREE HOUSING PROGAM TENANT RESPONSIBILITIES LICENSING PROVISIONS INSPECTIONS; COMPLIANCE, ORDERS CONDUCT ON LICENSED PREMISES HEARING PROCFi,DURE REMEDIES; LIABILITY FOR COSTS PENALTIES 9-11-1 PURPOSE, It is the purpose of this chapter to protect the public health, safety= and welfare of the community at large and the residents of rental dwellings in the city of Lauderdale and to ensure that rental housing in the city is decent, safe and sanitary and is so operated and maintained as not to become a nuisance to the neighborhood or to become an influence that fosters blight and deterioration or creates a disincentive to reinvestment in the community. The operation of rental residential properties is a business enterprise that entails certain responsibilities. Owners and operators are responsible to take such reasonable steps as are necessary to ensure that the citizens of the city who occupy such units may pursue the quiet enjoyment of the normal activities of life in surroundings that are: safe, secure, and sanitary; free from nuisances; and free from unreasonable fears about safety of persons and security of property. 9-11-2 APPLICABILITY; SCOPE. This chapter applies to rental dwellings and units in the city that are rented or leased in whole or in part, including single family and multifamily housing, town houses, and condominiums. It also includes any accessory structures on the premises upon which the rental dwelling is located (such as garages, storage buildings, appurtenances, sidewalks, and retaining walls). This chapter does not apply to Minnesota Department of Health licensed rest homes; convalescent care facilities; licensed group homes; nursing homes; hotels; motels; properties that have homestead classification with Ramsey County; or owner -occupied residential properties unless the owner lets a dwelling unit on the • ./ltll 1 • 9-11-3 ADOPTION OF PROPERTY MAINTENANCE CODE. The most recently promulgated edition of the International Property Maintenance Code, as published by the International Code Council, is adopted by reference and incorporated in its entirety as if it was set out in full, except that any provisions of the city code that directly conflict with the provisions of the International Property Maintenance Code shall control only to the extent they conflict. Nothing in this chapter or the International Property Maintenance Code shall be construed to cancel, modify, or set aside any other express provision of the city code. 9-11-4 DEFINITIONS. "Building official" means the building inspector or a designated agent authorized by the city council. "City" means the city of Lauderdale. "City administrator" means the city administrator or that person's designated agent. "City code" means the Lauderdale city code of ordinances. "City council" means the city council of the city of Lauderdale. "Deny" or "denial" means the refusal by the city council to grant a license to a new or renewing applicant. "Habitable space" means the space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage and utility spaces, and similar areas are not considered habitable spaces. "Lease" means an agreement between an owner and a tenant for use of a rental dwelling or unit. "Let for occupancy" or "let" means to permit possession or occupancy of a rental dwelling or unit by a person who is not the legal owner of record thereof, pursuant to a lease or contract whether written or unwritten, 01 pursuant to a recorded or unrecorded agreement regardless of whether a fee is required by the agreement. "License" means the formal approval of an activity specified on the certificate of license issued by the city. "Multiple family dwelling" means a rental dwelling containing three or more units. `Occupant" or ` tenant" means any person who is occupying a rental dwelling unit under a lease or contract, whether oral or written "Owner" means any person, agent, operator, firm, or corporation having a legal or equitable interest in a property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of ieal property by a court, or any person representing the actual owner. In any corporation or partnership, the term owner includes general partners and corporate officers. "Premises" means a lot, plot, or parcel of land including, but not limited to, the building or structures thereon. "Registered agent' means any person who has charge, care, or control of a rental dwelling unit on behalf of the owner including, but not limited to, a property manager or local agent. "Rent" means to let for occupancy or to let. "Rental dwelling" means any building containing one or more units that are made available for rent by the owner. "Revoke" or "revocation" means to take back a license issued by the city. "Suspend" or "suspension" means to make a license temporarily inoperative. "Unit" means any room or rooms providing complete, independent living facilities for one or more persons including permanent provisions for living sleeping, eating, cooking, and sanitation. 9-11-5 1-4,1\ FORChMENT OFFICER The building official is authorized and directed to enforce all provisions of this chapter, subject to review by the city council. 9-11-6 OWNER RESPONSIBILITIES. A. Owner Responsible. Every owner of a rental dwelling is responsible for violations of duties and obligations imposed by this chapter even if the duty or obligation is also imposed on the occupant(s) of the rental dwelling or unit, or if the owner, by agreement, has imposed on the occupant(s) the duty of making sure that the rental dwelling or unit complies with the requirements of this chapter, applicable provisions of the city code, state law, and the International Property Maintenance Code. Additionally, an owner is responsible for complying with the provisions of this chapter irrespective of whether the owner has delegated responsibilities to a registered agent. B. Cleanliness. Every owner of a rental dwelling is responsible for keeping the premises, including any shared or common areas in a multiple family dwelling, in a clean, sanitary, and safe condition and in conformance with this chapter, applicable provisions of the city code, and the International Property Maintenance Code. The owner of a rental dwelling is responsible for ensuring that all rubbish, garbage, and waste is collected as required by city code. C. Occupancy. The owner or its registered agent may not rent a rental dwelling or a unit to more people than permitted by this paragraph. Every living room shall contain at least 120 square feet. Bedrooms shall contain at least 70 square feet for the first occupant and an additional 50 square feet for each additional occupant. A bedroom shall not constitute the only means of access to another bedroom or habitable space and shall not serve as the only means of egress from another bedroom or habitable space. 9-11-7 CRIME FREE HOUSING PROGRAM. A. Purpose. The city council finds that repeated police calls to rental dwellings in the city related to disturbances or criminal activity have taxed law enforcement resources. The city council also finds that persons residing in rental dwelling units who engage in disorderly conduct or cause nuisance conditions create an unacceptable environment for others living in close proximity, thereby threatening the public safety and welfare of the community. In order to preserve and protect the city's neighborhoods and to promote public safety, the city council enacts this section (the "Crime Free Housing Program"). B. Tenant Background Checks. The owner or registered agent shall conduct criminal background checks covering at least three years on all prospective tenants 18 years and older The owner, licensee, or its registered agent shall retain criminal background information for at least one yeai after the date of the check or, if the subject of the check becomes a tenant of the licensed premises, one year after the subject of the check has ceased to be a tenant. Such information must be made available for inspection within 10 days of a written request by the city. The criminal background check must include the following: a. A statewide (Minnesota) criminal history check of all prospective tenants covering at least the last three years; the check must be done utilizing the most recent update of the state criminal history files; b. A statewide criminal history check from the tenants' previous state of residence if the tenant is moving directly from the previous state; and c. A criminal history check of any prospective tenant in their previous states of residence, unless not allowed, covering at least the last three years if they have not resided in Minnesota for three years or longer. C. Crime Free Housing Lease Provisions. All tenant leases for rental dwelling units governed by this chapter shall contain certain written crime free housing lease provisions. The crime free housing lease provisions are in addition to all other terms of the lease and do not limit or replace any other provisions. These lease provisions shall be incorporated into every new and renewed lease for a tenancy. The lease provisions shall contain the following language or language that is a contractual and legal equivalent of the following language: a. Tenant, any members of the tenant's household or a guest or other person under the tenant's control shall not engage in illegal activity, including drug-related illegal activity, on 01 near the premises. ` Drug related illegal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802) or possession of drug paraphernalia. b. Tenant, any members of the tenant's household or a guest or any other person under the tenant's control shall not engage in any act intended to facilitate illegal activity, including drug related illegal activity or the storage of stolen property, on or near the premises; c. Tenants, any members of the tenant's household or a guest or any other person under the tenant s control will not permit the dwelling unit to be used for, 01 to facilitate illegal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household; d. Tenant, any members of the tenant's household or a guest or any other person under the tenant's control shall not engage in the manufacture, sale, possession or distribution of illegal drugs at any location, whether on or near the dwelling unit premises or otherwise. e. Tenant, any members of the tenant's household or a guest or any other person under the tenant's control shall not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, criminal street gang activity, intimidation, or any other breach of the rental agreement that otherwise jeopardizes the health, safety or welfare of the owner, his agents or tenants, whether on or near the dwelling unit premises or otherwise. f. Violations of the above provisions shall be a material violation of the lease and good cause for termination of tenancy. A single violation of any of the provisions of this agreement shall be deemed a serious violation and material non-compliance with the lease. D. Lease Made Available. The owner or registered agent, if applicable, shall, within ten days of the city's written request, make available to the city a copy of the lease or agreement containing the provisions required in section 9-11-7(C). The city shall make the request via U.S. Mail to the owner or registered agent. Said person is deemed to have received the request three days after the request is mailed. The owner or registered agent shall provide the lease within 10 business days of the request. Failure to provide the lease within the allotted time shall subject the owner to suspension., revocation, or non -renewal of its rental license, at the discretion of the city council in accordance with section 9-11-12, and an administrative service fee in the amount of $25 per day. If after one month, the lease is not received, or does not exist, the rental license may be suspended, revoked, or not renewed by the city council. License renewals will not be approved until any outstanding administrative penalties are paid in full. E. Crime Free Housing Program Violations. a. Upon determination by the city or its police department by a preponderance of the evidence that a licensed premises or rental dwelling unit within a licensed premises was used in violation of the crime free lease provisions required by this section, the city shall cause notice to be made to the owner or registered agent of the violation. If the violation of the crime free lease provisions committed on the licensed premises would rise to the level of a felony charge under state or federal law, regardless of whether charges were filed, the city shall cause notice to be made to the owner and registered agent to proceed with termination of the tenancy of all tenants occupying the unit. If the violation of the crime free lease provisions committed on the licensed premises would rise to the level of a misdemeanor or gross misdemeanor charge under applicable law, the city may cause notice to be made to the owner and registered agent to proceed with termination of the tenancy of all tenants occupying the unit if the violation threatens the peaceful enjoyment or safety of any other resident or neighbor to the premises. b. Written Notice; Hearing. Any determination by the city for the termination of tenant's lease based on a violation of the crime free lease provisions shall be preceded by written notice to the owner and registered agent, if applicable, of the grounds therefore and the owner will be given an opportunity to challenge the determination at a hearing conducted before the city council prior to termination of the tenancy by the owner. The licensee shall request the hearing within 10 days after receipt of the city's notification of the termination of the tenancy and the hearing shall be conducted in the manner provided for in section 9-11-12. In the event a hearing is requested by the owner, a determination that a licensed premises or any particular dwelling unit has been the location of a violation of the crime free lease provisions shall be made upon a finding of fact by the city council by a preponderance of the evidence. It shall not be necessary that criminal charges be brought in order to support such finding, nor shall the dismissal or acquittal of such criminal charge operate as a bar to any action under this section. In the event a hearing is not requested by the owner, the owner or registered agent, if applicable, shall notify the tenant or tenants within 20 days of the notice of violation of the crime free lease provisions and advise the tenant(s) of the termination of the tenancy as directed by the city. c. The owner shall not enter into a new lease with an evicted tenant (or with a tenant whose tenancy was otherwise terminated for violating the crime free lease language) for a period of one year after the eviction or lease termination for a rental dwelling unit that is owned or operated by the licensee in the city. d. If the city determines that the owner or registered agent has proceeded in good faith to secure termination of the tenancy in accordance with this section, but was unsuccessful for reasons beyond their reasonable control, then the owner shall not be subject to the penalties. 9-11-78 TENANT RESPONSIBILITIES. A. Access. When required by Minnesota Statutes or city code, each tenant of a rental dwelling unit shall give the owner or registered agent, or the building official access to any part of such rental dwelling unit at reasonable times for the purpose of inspection, maintenance, repairs, and alterations as are necessary to comply with the provisions of this article. B.Compliance. Every tenant must comply with applicable city code provisions and all applicable local, state, and federal regulations. A tenant is responsible for compliance with all applicable city code, nuisance, and violations of disorderly conduct as specified in this chapter that occur in the dwelling unit, including violations committed by household members or guests. C. No Occupancy. If the owner or registered agent informs the tenant(s) at least 30 days in advance of the expiration of the license that the owner does not intend to renew the license, occupancy of the rental dwelling or unit by a tenant after the expiration of the license is unlawful. A violation of this provision by a duly notified tenant is punishable as a misdemeanor. 9-11-9 LICENSING PROVISIONS. A. License Required. 1. It is unlawful to rent a rental dwelling unit in the city without first having obtained a license from the city. An owner must obtain a license for each rental dwelling prior to renting any units in said dwelling. If the rental dwelling contains two or more units, the owner may obtain a single license for the rental dwelling. The license requirement contained herein does not apply to rental dwelling units located within properties that are expressly deemed as exempt from this chapter in section 9-11-2. 2. An owner whose eni rental dwelling is a single-family home registered as a relative homestead with Ramsey County is exempt from the requirements of this chapter if the owner provides the city with documentation from Ramsey County of the relative homestead status. If the owner is not a natural person, the owner may file an affidavit of exemption with the city stating at least one family member resides at the address. For purposes of this ordinance, relative is defined by Minnesota Statutes, Section, 273.124, Subd. 1(c), as may be amended from time to time. The relative residing at the address shall provide the city with a valid Minnesota driver's license, Minnesota identification card, Minnesota learner's permit, or a receipt for any of these, or tribal identification with name, address, photo, and signature showing Lauderdale as their place of residence. The person filing for exemption from the licensing provisions must demonstrate their ownership interest in the property. B. License Application. The owner of a rental dwelling must submit an application for a license on forms and in the format provided by the city. The owner must give notice, in writing, to the city within 30 calendar days of any changes to the information contained in a previously submitted license application. The application must include: 1. the owner's name, mailing address for city correspondence, email address, telephone number, owning partners if a partnership, and corporate officers if a corporation. 2. the street address and unit numbers, if applicable, of the rental dwelling. 3. the type and number of units in the rental dwelling. 4. the type of structure to be licensed. 5. the name, mailing address, email address, and telephone number of the registered agent that is authorized to act on behalf of the owner, if applicable. 6. Certification of compliance with the requirement found in 9-11-7(C) to include crime free housing provisions in leases. 7. Certification of compliance with the requirement found in 9-11-7(B) for conducting background checks on prospective tenants effective with leases starting July 1, 2018. C. License Fee. Before a license may be issued or renewed, the owner shall pay the applicable license fee, the amount of which will be determined by the city council and included in its fee schedule. The license fee shall not be prorated. D. License Period. fa) -The license period is for two years and runs from July 1 to June 30. The license must be renewed biennially. (b) Notwithstanding paragraph (a), any license issued or renewed based upon an inspection for a 2017 rental housing license will receive a license that will terminate on June 30, 2019. E. Inspection; License Issuance. 1. Inspection; Fees and Taxes. Prior to issuing a new license or license renewal, the building official shall inspect the rental dwelling to determine compliance with this chapter, city code, state law, and the International Property Maintenance Code. The city administratorbuilding official will review the application for completeness and determine whether all fees, real estate taxes, and municipal utilities are paid and current. A license may not be issued if the application is incomplete or fees, real estate taxes, or municipal utilities aie past due. 2. Issuance. If it is determined that all requirements contained in this chapter are satisfied, the city will issue a license to the owner. A license may contain reasonable conditions or restrictions. F. Posting of License. The owner shall post a copy of the license in the rental dwelling in a conspicuous place within 14 calendar days of receipt. In multiple dwelling units, the license shall be posted in a common area of the building such as a corridor, hallway or lobby. G. Renewal of License. A license must be renewed before the expiration of the current license. In order to prevent lapses in licensure, license renewal applications and fees must be submitted to the city administrator at least 45 days prior to the current license s expiration date. It shall be unlawful for the owner or registered agent to permit the occupancy of a rental dwelling unit during a period of non -licensure. In addition to any other remedy provided by law, operating a iental dwelling without a license shall subject the owner to a daily administrative penalty, as determined by the city council and included in its fee schedule. License renewals will not be approved until any outstanding administrative penalties are paid in full. H. Non -renewal of License. In addition to any other requirements imposed by state law or a lease agreement, the owner or registered agent shall inform the tenant(s) at least 30 days in advance of the expiration of the license that the owner does not intend to renew the license. Non -Transferable. Rental dwelling licenses issued under this chapter are not transferable. Any change in ownership of a rental dwelling or premises requires a new license. When a licensed rental dwelling changes ownership, a new license must be applied for within 30 days of the change in ownership. J. Registered Agent Required. If the owner of a rental dwelling resides more than 50 miles from the rental dwelling, the owner must provide the city with the name, mailing address, email addiess, and telephone number of the registered agent that resides or works within 50 miles of the rental dwelling that is authorized to act on behalf of the owner. K. Register of Occupancy. The owner or registered agent shall keep a current register of occupancy for each rental dwelling. Upon written request by the city, the owner or registered agent must provide the city with a copy of the register of occupancy The register of occupancy shall contain, at a minimum, the following information: -10- 1. Address(es) of the rental dwelling; 2. Number of bedrooms of each unit; 3. Number of units in each rental dwelling; and 4. Number of adults and children (under 18) occupying each unit. L. Access. Upon written request by the city, the owner or its registered agent shall provide access to the rental dwelling or unit for the purpose of enforcing this chapter. 9-11-910 INSPECTIONS; COMPLIANCE ORDERS . A. Inspections; Fees. All rental dwellings must be inspected by the building official prior to the issuance of a new license or license renewal in order to determine compliance with this chapter, the city code, state law, and the International Property Maintenance Code. The license fee includes, in part, the cost associated with the initial inspection and one follow up inspection to verify adherence with a compliance order, if necessary. If it is determined that a follow up inspection is unnecessary, the applicant shall be entitled to a refund in an amount determined by the city council and included in the fee schedule. B. Presence Required. The owner or registered agent, if applicable, must be present at the time of all inspections and the building official will not inspect a rental dwelling without the owner or registered agent. If the owner or registered agent fails to show for an inspection or reschedules with less than 24 hours' notice to the city, an additional inspection fee, as determined by the city council and included in the fee schedule, shall be charged to the owner. C. Additional Inspections; Fees. The owner shall be responsible for a fee associated with each additional inspection beyond the initial inspection, and, if a compliance order was issued, one follow-up inspection to determine adherence to the compliance order. The fee for additional inspections or any other inspection that was canceled and rescheduled on less than 24 hours' notice to the city, shall be determined by the city council and included in the fee schedule. D. Compliance Order. 1. Following any inspection, whenever the building official determines that the condition of a rental dwelling or the premises where any rental dwelling unit is located fails to meet the provisions of this chapter, other applicable city code provisions, state law, or the International Property -11- Maintenance Code, the building official may issue a compliance order setting forth the specific violations and ordering the owner or licensee to correct such violations. 2. Contents of the Compliance Order. The compliance order shall (i) be in writing; (2) describe the location and nature of the violations; (3) set forth a reasonable time for the correction of the violations; and (4) be served upon the owner or registered agent, if applicable, by first class U.S. mail and via email if the owner's application materials indicate that email is a preferred method of communication. A copy of the compliance order shall also be provided to the occupants of the applicable rental dwelling unit(s) if presently occupied. 3. Appeal. When it is alleged by the owner or registered agent that the building official's compliance order is based upon the erroneous interpretation of this chapter, other applicable city code provisions, state law, or the International Property Maintenance Code, the owner or registered agent may appeal the compliance order to the city council. Such appeal shall be in writing, must specify the grounds for the appeal, and must be filed with the city within 10 calendar business days of the date the compliance order was sent to the owner or registered agent, if applicable. The appeal shall be heard by the city council pursuant to the procedure set forth in section 9-11-12 of this chapter. The filing of the appeal of the compliance order shall stay all proceedings in furtherance of the order appealed from, unless such a stay would cause imminent peril to life, health, or property. Upon the receipt of an appealed compliance order that contains a violation that imminently endangers life, health, or property, the building official will immediately notify the appellant in writing and by telephone or email to inform the appellant of those violations unaffected by the stay. 4. License Action. If the violation listed in the compliance order is not remedied by the owner or registered agent, if applicable, within the specified time given in the order and the time to appeal the compliance order has expired, the license for the rental dwelling may be denied, suspended, revoked, or not renewed by the city. When the city seeks to deny, suspend, revoke, or not renew a license and/or impose any administrative fines, the city shall send a notice of the proposed action to the owner or registered agent, if applicable, of the rental dwelling unit. The proposed action shall be heard by the city council pursuant to the procedures set forth in section 9-11 4-211. E. Unsafe or Dangerous Conditions. No owner or licensee may operate a rental dwelling unit, regardless of whether a license has been issued, if the building official determines that a condition exists in or on the rental dwelling or unit that is unsafe or poses an imminent danger to the health or safety of the tenants or the public. Any person who continues to operate a -12- rental dwelling unit after such a determination by the building official and written notice thereof is subject to immediate suspension or revocation of the license, criminal prosecution, and any other civil or administrative remedies available to the city. F. Notwithstanding any other provision contained in this chapter, the city council may revoke, deny, suspend, or decline to renew any license issued or applied for under this chapter upon the following grounds: 1. False statements, misrepresentations, or fraudulent statements on any application or other information or report required by this chapter. 2. Failure to pay any application fee, penalty, inspection fee, special assessment, real estate taxes, city utilities, or any other financial claims due to the city as required by this chapter or city council action. 3. Failure to comply with this chapter, any applicable provisions of the city code, state law, and the International Property Maintenance Code, or failure to correct deficiencies noted in a compliance report within the time specified. 4. Failure to actively pursue the termination of the tenancy of occupants who have violated the provisions of this Chapter or have otherwise created a public nuisance in violation of city, state, or applicable laws. 5. Violation of any reasonable condition or restriction on any rental license. G. Occupant Initiated Inspection. An occupant who believes a rental dwelling unit is not in compliance with the provisions of this chapter, city code, state law, or the International Property Maintenance Code may request an inspection, as authorized by Minnesota Statutes, section 504B.185. If the inspection reveals noncompliance, a compliance order may be issued in accordance with the procedure outlined in in this chapter and the cost for all inspections shall be the responsibility of the owner. 9-11 1011 CONDUCT ON LICENSED PREMISES. A. Owner Responsible. It shall be the responsibility of the owner and registered agent to see that occupants and occupants' guests conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling unit is disorderly when any of the following activities occur in the rental dwelling unit or on the premises where the rental dwelling unit is located: -13- 1 Violation of Minnesota Statutes, sections 609.75 through 609.763 as may be amended from time to time, relating to gambling; 2. Violation of laws relating to prostitution or acts relating to prostitution and sex trafficking as set foith in Minnesota Statutes, sections 609.321 through 609.3243, as may be amended from time to time; 3. Violation of Minnesota Statutes, chapter 152 as may be amended from time to time, relating to the unlawful sale, use, or possession of controlled substances; 4. Violation of Minnesota Statutes, sections 340A.401 and 340A.503 as may be amended from time to time, relating to the unlawful sale and underage consumption of alcoholic beverages; 5. Violation of Minnesota Statutes, section 609.33 as may be amended from time to time, which prohibits owning, leasing, operating, managing, maintaining or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; 6. Violation of Minnesota Statutes, sections 97B.021, 97B.045, 609.66 through 609.67, 624.712 through 624.716, 624.719, 624.731 through 624.732 as may be amended from time to time, relating to the unlawful possession, transportation, sale or use of weapons; 7. Violation of city code, section 5-2-2, or violation of Minnesota Statutes, section 609.72, as may be amended from time to time, relating to disorderly conduct; 8. Violation of city code, section 5-7, relating to recreational fires; 9. Violation of city code, section 5-8, relating to clandestine drug labs; 10. Violation of city code, section 4-6, relating to nuisances; 11. Violation of city code, section 5-3, relating to animal control; 12. Violation of the occupancy standards defined in city code section 9- 11-6; 13. Violation of Minnesota Statutes, sections 609.226 and 347.50 through 347.565, as may be amended from time to time, relating to dangerous dogs; -14- 14. Violation of Minnesota Statutes, sections 609.221 through 609.2231, 609.224, and 609.2242, as may be amended from time to time, relating to assault; 15. Violation of Minnesota Statutes, section 609.78, as may be amended from time to time, which prohibits interfering with a 911 phone call; 16. Violation of Minnesota Statutes, section 609.713, as may be amended from time to time, which prohibits terroristic threats; 17. Violation of Minnesota Statutes, section 243.166, as may be amended from time to time, relating to Predatory Offender Registration; 18. Violation of Minnesota Statutes, section 609.229, as may be amended from time to time, relating to crimes done for the benefit of a gang; 19. Violation of Minnesota Statutes, section 609.50, as may be amended from time to time, which prohibits interference with a peace officer; 20. Violation of city code, section 4-2 relating to garbage and refuse; 21. Violation of Minnesota Statutes, chapter 260C and section 609.26 subdivision 1(8), as may be amended from time to time, relating to the delinquency of a minor; 22. Violation of Minnesota Statutes, section 609.715, as may be amended from time to time, relating to unlawful assembly; 23. Violation of Minnesota Statutes, section 609.71, as may be amended from time to time, relating to a riot; 24. Violation of Minnesota Statutes, section 609.903, as may be amended from time to time, relating to racketeering; or 25. Violation of Minnesota Statutes, section 609.675, as may be amended from time to time, relating to exposing children to large containers that fasten automatically when closed. B. City Enforcement. The city administrator is responsible for enforcement and administration of this section. C. First Violation. Upon deteimination by the city administrator that a licensed rental dwelling or unit is disorderly, as described in- paragraph (A) of this section, the city administrator will provide written notice to the -15- owner or registered agent of the violation and direct the owner to take steps to prevent any further violation. D. Second Violation. If a second instance of disorderly use of the licensed rental dwelling or unit occurs within 12 months of the first incident for which a notice in paragraph (C) of this section was given, the city administrator will provide written notice to the owner or registered agent of the second violation and will require the owner to submit a written report of the actions taken, and proposed to be taken, by the owner and registered agent to prevent further disorderly use. This written report must be submitted to the city administrator within seven business days of the date of the written notice of disorderly use and must detail all actions taken by the owner and registered agent in response to all notices of disorderly use within the preceding 12 months. E. Third Violation. 1. If a third instance of disorderly use of the licensed rental dwelling or unit occurs within 12 months of the first incident for which a notice in paragraph (C) of this section was given, the rental dwelling license may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section must be initiated by the city administrator pursuant to section 9-11412. 2. Following the hearing, the city council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. F. No Adverse Action Pending Eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed rental dwelling or unit occurred during the pendency of an eviction proceeding or within 30 days of the notice given by the owner or registered agent to a tenant to vacate the premises so long as the owner or registered agent is diligently pursuing such an eviction or voluntary vacation by the tenant. An action to deny, revoke, suspend, or not renew a license based upon a violation of this section may be postponed or discontinued at any time if, in the city's sole discretion, the city concludes that the owner has taken appropriate measures to prevent further instances of disorderly use. G. Finding of Disorderly Conduct. A determination that the licensed premises is disorderly as described in paragraph (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that a criminal charge be brought in order to support a determination of disorderly use nor does the dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section. -16- H. Service of Notices. All notices given by the city under this section shall be sent by first class U.S. mail to the last known address of the owner registered agent or posted in a conspicuous place on the licensed rental dwelling if said addresses are unknown and via email if the owner's application materials indicate that email is a preferred method of communication. Enforcement Actions. Enforcement actions provided in this section are not exclusive, and the city council may take any action with respect to an owner, registered agent, tenant, or the licensed rental dwelling as may be authorized by the city code, state or federal law. 9-11-4412 HEARING PROCEDURE. A. Scheduling of Hearing. If the city seeks to deny, suspend, revoke, or not renew a license pursuant to any provisions of this chapter, or if the owner or registered agent appeals the compliance order pursuant to section 9-11-910 of this chapter, the city council shall conduct a hearing on the matter. The hearing shall be scheduled no less than 10 within 30 calendar days following the date of the city's notice to the owner or the city's receipt of an appeal of a compliance order, unless the city and owner mutually agree to a different date. B. Hearing. At the hearing, the city council shall hear all relevant evidence and arguments and shall review all testimony, documents, and other evidence submitted to the city at least five calendar days before the hearing. The owner or registered agent shall have the opportunity to address the city council at the hearin : and ma be re . resented b le al counsel. C. Findings. The city council shall make findings and shall issue a written decision within 30 calendar days following the date of the hearing and shall send a copy of its decision to the owner or registered agent by first class U.S. mail. The decision shall specify the rental dwelling or units to which it applies. D. License Reinstatement. Upon a decision to revoke, suspend, deny, or not renew a license for violations of this section, the owner or registered agent shall be ineligible for a rental license at said dwelling for a period determined by the city council, but such period shall not exceed 12 months. Any owner or registered agent who has had two or more licenses revoked, suspended, denied, or not renewed for a violation of this chapter within the previous 24 months, is ineligible for a rental license for any property in the city for a period determined by the city council, but such period shall not exceed 24 months. To reinstate a license, the owner must complete the licensing requirements and pass an inspection as established by this chapter. -17- E. No Occupancy. If a license is revoked, suspended, denied or not renewed by the city council, it shall be unlawful for the owner or the registered agent to thereafter permit the occupancy of the unlicensed rental dwelling or the unit. The city shall send and post a copy of the city council action on the rental dwelling(s) or unit(s) impacted by action in order to prevent any further occupancy. No person shall reside in, occupy or cause to be occupied any unlicensed rental dwelling or unit. If the rental dwelling(s) or unit(s) is occupied at the time the license is revoked, suspended, denied, or not renewed, then the owner or registered agent shall inform the tenant(s) that the tenant(s) have 30 days from the date of the city council action to vacate. Occupation of the rental dwelling or unit after those 30 days is unlawful. F. Appeal. An owner may appeal the decision of the city council as allowed under state law. 9-11-13 REMEDIES; LIABILITY FOR COSTS. A. If the owner or registered agent fails to voluntarily comply with any requirement of this chapter, the city council may direct the city administrator to take any or all lawful steps to enforce the requirements of this chapter, including injunctive relief. B. The owner is responsible for all costs associated with any enforcement efforts undertake pursuant to this chapter, including but not limited to court costs, attorneys' fees, and interest on any unpaid amounts incurred by the city pursuant to this chapter. C. All sums payable by the owner to the city pursuant to this section shall be deposited in the city's general fund to reimburse the city for its expenses and costs incurred to enforce this chapter. D. If the owner fails to pay the city as required by this chapter or any court order, said costs, fees, and amounts may be collected as a special assessment against the licensed property pursuant to Minnesota Statute, Chapter 429, as amended from time to time. Said amount shall also constitute a service charge collectable by the city under Minnesota Statutes, section 366.012, which is available to the city under Minnesota Statutes section 415.01, subdivision 1, on any property the owner owns in the state. Any portion of the service charge not paid, including collection costs, may be certified for collection on the property taxes of the owner. The city may also pursue any other options available to it under law to recover the amounts owed by the owner, including the costs of collection. 9-11-14 PENALTIES. -18- i In addition to any other remedy available to the city in law or in equity, the failure by any person to comply with any provision of this chapter shall constitute a misdemeanor Each day that a violation continues shall be deemed a separate offense. SECTION 2. This ordinance shall be effective upon its adoption and publication. Adopted by the Lauderdale City Council this 22th day of March, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator Published in the Pioneer Press the 24t)' day of March, 2022. LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action X Resolution X Work Session Meeting Date March 22, 2022 ITEM NUMBER STAFF INITIAL 1795 Development Agrees. APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The packet contains the most up-to-date versions of the agreements and resolutions. These will not be the last versions. These documents are being developed alongside those for the bonds and agreements by the applicant's other funders. As that happens language will con- tinue to be tweaked. The resolution that follows allows the city attorney and city adminis- trator to continue making those changes without the need for additional approval by the city council. As discussed at the last meeting, all discussion should happen prior to beginning adoption of the agreements and resolutions. They are all dependent upon each other. All must be agreed to for the deal to move forward. OPTIONS: STAFF RECOMMENDATION: Council Member introduced the following resolution and moved its adoption: RESOLUTION NO. 032222B CITY OF LAUDERDALE COUNTY OF RAMSEY STATF OF MINNESOTA A RESOLUTION APPROVING THE FINAL PLANNED UNIT DEVELOPMENT (PUD), REZONING AND CONDITIONAL USE PERMIT AT 1795 EUSTIS STREET TO CONSTRUCT AND OPERATE A SENIOR MULTI -FAMILY HOUSING PROJECT ("Project") A. WHEREAS, Lauderdale AH I, LLLP, originally applying under the name Real Estate Equities ("Applicant") was granted Development Stage PUD approval, including conditional rezoning and direction to draft the conditional use permit on July 9, 2019 by Resolution No. 070919B; and B. WHEREAS, apps oval of the Final PUD, rezoning and conditional use permit are a condition of the Development Stage PUD approval process; and C. WHEREAS, the required public hearing to consider the requested PUD, rezoning and conditional u se permit was held on May 19, 2019 as part of the Development Stage PUD process, and D . WHEREAS, on October 29, 2020 the Applicant applied for Final PUD, rezoning and conditional u se permit for the subject Project, and E . WHFREAS, the City Council reviewed and considered the Final PUD, rezoning and conditional u se permit application for consistency with the Development Stage Plan and Resolution No. 070919B conditions at their i egular City Council meetings on November 10, 2020, November 24, 2020 and March 8, 2022; and F. WHEREAS, on March 11, 2022 the Ordinance to rezone the subject Property from R-1 to PUD - 1795 Eustis was disseminated to provide the required notice; and G. WHEREAS, on March 22, 2022 the City Council completed its review of the Final PUD, rezoning and conditional use permit. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, that it does heieby it does heieby approve the request of the Applicant for Final Planned Unit Development, Rezoning from R-1 to PUD -1795 Eustis and Conditional Use Permit. The City Council's Findings are as follows: 1. That the proposed redevelopment of the site for an Affordable Senior Housing project with up to 114 -units is consistent with the City's adopted 2040 Compiehensive Plan. 2. That the purchase and development of the Propelty is a public benefit and will redevelop a currently vacant building and site. 3. That the Applicant has complied with the established Planned Unit Development process. 4. That the proposed Project will provide greater diversity in housing options to the City's residents and the surrounding communities. 5. That through the Conditional Use Permit the City placed reasonable conditions on the operations and management of the building to protect the enjoyment of the surrounding neighborhood and properties. FURTHER BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, that it does hereby approve the request of the Applicant for Final Planned Unit Development, Rezoning from R-1 to PUD -1795 Eustis and Conditional Use Permit piovided that the following conditions are met: 1. The Final PUD, rezoning and CUP shall not be effective until the closing and purchase of the subject Property by the Applicant. 2. The Applicant must enter a purchase, development and TIF agreement with the City of Lauderdale and such agreement must be recorded at Ramsey County Property Records. 3. The Architectural Plans dated October 30, 2020 for Final PUD shall be incorporated as the Final PUD development plan, with any changes and updates as noted herein. The approved plans shall be placed on file with the City. 4. The Civil Engineering Plans dated October 30, 2020 shall be incorporated herein once approved by the City Engineer. The approved plans shall be incorporated into the Final PUD development plan and shall be placed on file with the City. 5. The Conditional Use Permit (CUP) and its attachments must be recorded at Ramsey County Property Records. 6. The vacation of the public alley must be approved, and the new driveway access location on the site must be dedicated as an access easement for public use by surrounding properties. 7. The Applicant must work cooperatively with the City to determine appropriate compensation to the property owner at 1801 Eustis Street. The compensation shall provide monetary relief for the reduction in solar productivity at the wintei solstice as a result of the Project. Such agreement and analysis must be submitted to the City within 12 -months after the closing date of the subject Property. 8. The Applicant shall submit a $2,000 landscape escrow to the City which shall be used solely for off-site plantings or fencing along the frontage at 1779 Eustis Street. The pioperty owner(s) at 1779 Eustis Street shall select plantings or fencing materials intended to mitigate potential glare/impacts from traffic exiting the site. 9. Hardscape materials, including all retaining walls, shall be of a quality and design consistent with the proposed building. The details of hardscape materials shall be submitted for review and approval by the City staff. 10. All proposed signage must be submitted for review and approval by City Staff. No internally lit signs shall be permitted. 11. The Applicant shall be required to pay all Park Dedication fees due, which shall be calculated and agreed to prior to the release of the building permit. 12. The Applicant shall prepare final construction plans acceptable to the City Engineer prior to commencing any site work. 13. The Applicant shall obtain appropriate demolition permits from the City, Ramsey County and the Minnesota Pollution Control Agency (MPCA) and shall follow all rules, procedures and conditions of such permits. Copies of approved permits shall be provided to the City prior to the commencement of site work. 14. The Applicant shall obtain a Building Permit prior to the commencement of site work. 15. The Applicant shall work with the City to develop the construction and site development plan. The plan must address at a minimum hours of construction activity, haul Coutes, and parking locations. 16. The Applicant shall hold a pre -construction meeting open to the public to present the planned construction activities and process for the development of the Project. 17. The Applicant must replenish and pay all escrow fees and permit fees. Adopted by the City Council of the City of Lauderdale, Minnesota this 22"d day of March, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator -Clerk CITY OF LAUDERDALE ORDINANCE NO. 22-03 An Ordinance Amending Title 10, Chapter 5 of the Code of Ordinances Regarding the Official Zoning Map and Zoning Districts The city council of the city of Lauderdale ordains as follows: SECTION 1. The Lauderdale City Code is amended by adding the underlined material as follows: 10-5-5: Planned Unit Development— 1795 Eustis Street (PUD -1795 FF;ustis) District. A Legal Description. The property zoned PUD -1795 Eustis Street is legally described as Lots 1 to 6 inclusive, Block 10, Lauderdale's East Side Addition; Lots 23 to 30 inclusive Block 10, Lauderdale s Fast Side Addition' and that part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the North line of Lot 1, all in Block 10, Lauderdale's 1 -Fast Side Addition. B. Incorporated herein by reference are the 1795 Eustis Street Senior Housing PUD plans received by the City on October 30, 2020 except as may be amended by the City on March 22, 2022 in Resolution Number 032222B — Approving the Final Planned Unit Development (PUD), Rezoning and Conditional Use Permit at 1795 Eustis Street to Construct and Operate a Senior Multi -Family Housing Project. SECTION 2. This ordinance shall be effective upon its adoption and publication. Adopted by the Lauderdale City Council this 22th day of March, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator Published in the Pioneer Press the 24th day of March, 2022. III REAL ESTATE EQUITIES CUP Application Lauderdale, MN Description of Partnership Real Estate Equities is a full-service real estate firm based in the Twin Cities with a primary focus on multifamily real estate investments. The company was founded by Terry Troy and Bob Bisanz in 1972 with a vision of providing quality rental housing and ownership opportunities that improve communities and provide strong economic returns for their investors. We have been the developer and managing partner in more than 70 projects in excess of 10,000 housing units with projects spanning from Minnesota, Wisconsin, Ohio, Missouri, South Dakota as well as Indiana. Today, our real estate portfolio consists of approximately 4,309 housing units that range from artist lofts, luxury apartments, traditional apartments, affordable apartments and senior (affordable) apartments. Currently we have a regional portfolio with properties located in Minnesota, Wisconsin and Indiana. Real Estate Equities Management, LLC has experience in all facets of property management including: Marketing and Lease -up of new and renovated product; Financial Reporting and Controls including exceptional Compliance Administration and Reporting; Resident Relations and Communication programs; Plant Operations including maintenance, housekeeping and repairs; Safety, Security and Emergency Planning; Management of Major Capital Improvement Projects and Restoration of property after fire/water/wind damage; and, management of small scale Commercial Space. Narrative of Project The site in Lauderdale is located at 1795 Eustis Street. The parcel is a 1.69 acre site that is well positioned for multifamily with its visibility to downtown Minneapolis, as well as, easy access to two major arteries in the state of Minnesota, such as Highway 94 & Highway 280. The proposed project will consist of 114 senior affordable housing units consisting of both one and two-bedroom units. The proposed use of the project is senior housing, in which the target market will be independent senior citizens residing within and outside of the city of Lauderdale. Escalating rent levels throughout the Twin Cities continues to force Minnesotan seniors into less desirable and lower quality housing options which in turn pushes the demand for this housing need in the City of Lauderdale. The proposed project will offer housing units at rent levels affordable to residents whose income doesn't exceed 60% of the area median income providing, 15-20% savings to tenants in comparison to other new market rate properties in the Lauderdale area. Additionally, the tenants will have access to several high-quality amenities that include a community room with outdoor patio, fire pit, fitness center, and underground parking. With these savings, amenities, and new landscaping providing connections to the surrounding community this housing project is a $27,000,000 investment that the City of Lauderdale and its residents can be proud of. These apartments will be affordable to persons at or below 60% of the area median income (AMI). Rent Structure: Unit Type Set Aside SF Gross Rent Utility Allowance Net Rent 1 Bed/1 Bath FMR 779 $971 $78 $893 1 Bed/1 Bath 60% 779 $1,164 $78 $1,086 2 Bed/2 Bath 60% 1,140 $1,396 $95 $1,301 • Residents can also pay $75 for parking stalls as well as an additional $25 for storage. Project Highlights/Amenities: Unit Finishes/Amenities In Unit washer/dryer, solid surface countertops, 9 ft ceilings, full stainless-steel appliance package, low -flow fixtures/LED lighting, High Efficiency HVAC. Building Amenities: Full on-site management team, secure entrance with Luxor package storage system, community room, rooftop patio, fitness center, office/conference room, underground parking. Exterior Materials: Masonry, Energy Star Windows, Concrete Fibor Board, Wood Look CFB, Metal Panel Accents. Project Demand: • Marquette Advisors Report projects 1,414 additional affordable housing units needed by 2020 in Minneapolis/St. Paul submarket. • Vacancy rate in Lauderdale is 5.9%. • Market research indicates that Lauderdale and surrounding Saint Paul areas have notable production shortfalls of affordable senior housing units. Parking Data: • West Saint Paul Development (The Winslow) o Price: $65.00 • Dominium Senior Property (The Legends at Silver Lake) o Price: $80.00 • Dominium Senior Property (The Legends of Columbia Heights) o Price: $75.00 Development Team Officers/Shareholders/Partners 1.1 William Bisanz j. Terry Troy Bob Bisanz ll Alex Bisanz Patrick Ostrom Project Contact Information Developer: Patrick Ostrom Real Estate Equities 579 Selby Ave Saint Paul, MN 55102 (651) 389-3866 postrom@reeapartments.com Borrower's Legal Counsel: Jeffrey Drennan Winthrop & Weinstine, P.A. 225 South Sixth Street Capella Tower, Ste 3500 Minneapolis, MN 55402 (612) 604-6730 idrennan@winthrop.com Bond Underwriter: Craig Theis Dougherty & Company LLC 90 South 7th Street, Suite 4300 Minneapolis, MN 55402 (612) 376-4135 Craig.theis@doughertymarkets.com Tax Credit Bridge Loan Lender: Craig Theis Dougherty & Company LLC 90 South 7th Street, Suite 4300 Minneapolis, MN 55402 (612) 376-4135 Craig.theis@doughertymarkets.com Architect: Petro N. Megits Kaas Wilson Architects 1301 American Blvd. E, Suite 100 Bloomington, MN 55425 (612) 223-7957 petrom@kaaswilson.com Accountant: Mahoney Ulbrich Christiansen Russ P.A. Craig A. Mulcahy 10 River Park Plaza, Suite 800 Saint Paul, MN 55107 (651) 281-1852 cmulcahy@mucr.com Development Plan The table below identifies the key milestones dates and duration associated with each key stage of the updated development plan. Real Estate Equities - Lauderdale Senior Housing Timeline Milestone PUD Final Approval Submittal Public Hearing to consider Alley ROW Vacation Submittal Approval of Rezoning Submittal Approval of Development Agreement Submittal Vacation of Alleyway City Council Action CUP Final PUD Rezoning City Council Action Construction Documents Completed Building Permit Application Finalize Underwriting Close Construction Start Date Complete 10/30/2020 10/23/2020 10/30/2020 10/23/2020 12/8/2020 12/8/2020 12/8/2020 4/15/2021 5/1/2021 3/1/2021 6/1/2021 6/1/2021 REAL ESTATE EQUITIES • Attachment X: OPERATIONS MANAGEMENT PLAN (OMP) and PARKING PLAN Property Location: 1795 Eustis Street, Lauderdale, MN Project Name: Eustis Senior Apartments Project Owner: Real Estate Equities (REE) After the Certificate of Occupancy (CO) has been issued for the subject Project, the following Operations Management Plan (OMP) shall be followed. This OMP shall govern the activities on the site for as long as the site is used for the Eustis Senior Apartments. Snow Removal • REE currently has five (5) snow removal vendors. The Eustis Senior Apartments will have a two inch (2") snowfall event trigger. If an event accumulates two inches, or greater, the contractor will move/clear the snow. • The Eustis Senior Apartments will be provided with at least one snowblower and salt spreader to keep walks and drive lanes clear. • Each year REE snow removal vendors are contacted for a monthly fee from 11/01 to 03/31. Any two-inch snowfall event which occurs outside of that time frame is billed on a time and materials structure and REE shall ensure proper snow clearing is performed • If snow accumulation exceeds the amount of snow that can be stored on-site, then the snow will be removed from the Eustis Senior Apartments site. Such removal shall be at the cost of REE. • Any city owned sidewalks, but on the Eustis Senior Apartments site, shall be cleared as part of the snow removal contract and all clearing shall be performed in accordance with the local ordinances. Trash Removal • REE has multiple trash and recycling vendors and will contact the appropriate vendor based upon either the authority having local jurisdiction or upon existing vendors. All trash and recycling contracts shall be executed in accordance with local ordinances. • Trash and recycling frequency are determined by the anticipated cubic load of the Eustis Senior Apartments. At a minimum, collection will occur on two days per week., Depending on actual cubic loads, collection may occur on three days per week collection schedules. The timing of collection is based upon the contracted hauler's routing of their assets. • Trash collection times on collection days vary but are generally within the 8:00 a.m. to 5:00 p.m. routine workday. All containers will be secured or removed within the normal working hours. • Multiple five (5) cubic yard waste and recycling containers will be provided to the Eustis Senior Apartments. The Eustis Senior Apartments include a trash chute and the trash containers will be stored in the garage during non -collection times. Trash containers will be moved to an outside collection point on the day of collection by the Eustis Senior Apartments staff. i -- REEapartments.com • Containers that are moved from trash rooms / garages on collection day will be replaced into the trash room after the collection on the same day of collection by the Eustis Senioi Apaitments staff. • Parking lot or surface containers will have the same five (5) -cubic yard sizing as the garage / trash room containers. Specifications for the quantities are based upon the anticipated cubic load per community. • Parking lot or surface containers are placed into secure enclosures on a surface parking lot and the debris from containers are removed by community staff daily as part of the grounds keeping duties and responsibilities. Parking Plan • All residents must register their vehicles and are issued a parking permit for the Eustis Senior Apartments parking garage or surface lot. Registration and permitting allows staff to determine which vehicles are authorized to park on REE owned surface lots or garage parking stalls. • REE will strongly encourage all residents and visitors to use the provided off-street parking locations including the under ground parking garage • REE will monitor the use of the paid parking stalls, and it shall remain a priority to ensure residents, to the greatest extent possible, rent and use the off-street parking onsite. • RFE may or may not designate specific resident surface or garage pai king stalls as part of the parking plan. • REF, will make reasonable accommodations to residents who request specific parking / garage stalls. • RFE will maintain the appropi iate number of handicapped or van accessible surface lot or garage parking stalls in accordance ADA or local ordinances • REF will work collaboratively with the City on any reasonable concerns regarding on -street parking of residents from the Nustis Senior Apartments. REE and the City agree collectively that it is preferiable for residents of the hustis Senior Apartments use the underground garage and both parties agree to modify this Parking Plan as necessary to achieve that objective. uJ vE ow $ • c mw53 z C3 c o m m s� m .-�_=j2 N c 0 tHg 2 Real Estate Equities 0 0 0 0 L U m S U +o, door o0 014 *Aad 18-09-C -Unit Mix by Type Total Arca Ci a- EE U dV K Ci K r+ EEEEE,. PRRAti 3 ri R 1♦ C^'1 u 5 m(4 fi f+ CMCCC 903000 f+ r+ r+ f+ n 0 'Y m w - Y a fl C r h r h ri e O J J Count n 0 f+ J CI J C:I O n •e f+ 4 ; Unit Type n J n J a m vat TiTi is J 0000 ' m N O CI0 Z f''O r a m lunit 1-0 L r ariEEEcD R2 D__ tt::Cn Ci r 9.,-, ' Grand total 1 0 ri) 0 a� cn w rn 1%%%.. 311 r g T fa — c 2 Q °° Unit Type Ci a- S m r R moa f+ K Ci K r+ 2 m ri 3 4 -ann. Lasa(3 XXXXX a o C+ O Ci m(4 fi f+ CMCCC 903000 f+ r+ r+ f+ 'Y m w - Y a fl tzt$l J J J J J C. 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J N N cr7 w m C3 w co 0) CT' cO O E Z 0 tt 0 n O 03 O m t U c3 ( 0 0 cc o u E Pa x s{1JJ 0 m L� Z 0 U t0 3' ZUmZ I O O Za O Z U O 0 Duo zUU cc00 o.- j J ` q u �UVW jNj w -i w 23 cc g � m rz LUZ Z 5: 0 - 0 gZ g 00 V; Q O ' Z J F � QaQ d QJ 3 b g zoo uuC3 00uC0 <S a3 tiu 0 0 0 0 U 1 W K 0 o. 0 z O C9 a g O O O U W W K K 2 2 O -' 6 • a a b b O O z z g Z a oa. • an m a. LLa LL W E U 01-000 x LL 0 O cc0 O 0 0 U 0 C' co vv'J ncezit,4 Fetid lei Slit 1.11 nM)ar;JFMPfad'a*f SSLi4 > O r r , >b O O J r 1'r ou-P SA Eu:7101-4 k3:SSgisn3SeLl-Matel-33tJu7-8L\ 1M113I O a, DQ -ct1'Aad o .� o J r M o9 o N J r NV9793803M0l1 0 1 c o > Za w• r sem, {).N LO?M seeN 1gfoj($33 11• SURVEY LEGEND t. 3 0 O W N 0 LL O 2 Fe' 0 Lots 1 to 6 inclusive. Block 10, Lauderdale's East Side Addition Lots 23 to 30 inclusive, Block 10, Lauderdale's East Side Addition d C L r O 2 £ 0 c 0 0 J O O co O O O 0 O u a 2 0 u cs- 0 c '0 O 0 0 m 2 LO c 1. '2 Aa 0Q 3 C -0 V O 1`111 v 4 ° C m p c -0 v> = O ° - P a3 0-.1 «°q c a ...1• c m > -O - C LD 02 co c c 0 r V>� O.s. Q •1 O . c E o F Occ cc rst g I 7 3 1 11111 fi1i IIIII 1. 4 J a Y9` 3 3 Eh000soo 0 e d Eng 3 e V V gip • O 4 N Z 0 0 u •1 a I u 440 D 0 • •0 6 2 p OLL v c «N c a 3 o aV 0c M- co CI 0 aF c Q r a O p E oE 0 0 Ep N - O V L O L t N c c c g o « L -i O F 6V° E t E u F.V ; o C o eq E E o c o ` c CO C u0 r c N ,s0 - c F uuq -0 -`O. ❑ O 41 G `c o aoW -o E > EO 0 V o a 0 •* 06%1 C 257.662 el:11.; Z4.zHLJ .'?i di z`"Li.a 9 4Vd ZZ5 V 1 g5'e?s LI 4 u /I 2 3 1 through 5 do not require comment. P a c 0 z la a a LA iG pC 26 ` IS o a t S 3 vi 0 O N 2 Sso c o ��1 O O a 0 a c O t1 3 7r ei C e N E a A. Na 0 7 a 7 11-1 E ..r O N 3 c o a 3 (T.= 1J c .° c 0 in CI c c O E >:, V 0 c 3 0 0 0 0 u 0,34 o n 111 O. t 0 I` • r t 7` Q 0. d L Y O 7 7-1 oc 2 9 CO 0 u £ ° _ a... ° Er D O a u L L EO N O2 2 p < - - O 0 -+ V m r < Z 4 0 J e < O y _p OF «J, O < E an m 4,,; Z~ Eo < `d O OC P E o E E .° O c 3 0 0 o a E'D ° o o c 61u O o c O �E` E o M • • es 130049 elign3 1-31 - St 1 , I 114.17 1 I I 1 w 111 0 6 ] Z W '1 Ica 1P. a a c 3 O; E E o c V o t3 £ 0 0 pmp c O 3 N_ c 1. 0 N V 6 d 2 X CI ZO 15Lex O ° u °�, c .2 3P O LL « 6. c IS c c 1- -a G ° -73E _c m E -co °o O ` N n ee c c el 0 E 8 r8 ° P. C a c17 c O m 0 o i3 7 -D N V N° $c �ao� 03 °.0 a o FFa 1. g 113 F N N. 1 1 1 L 4. Tho Gross land area Is 73,262 +1- square foot or 1.68 +/- acres. 2 F 7 0 0 8 -5 O a .0 O a 3d 00 1.3 4 N 1-0 O o S e _0 a o O L q c u ,,, O .0 4 ° O a c O EE trt c ti 0 LO 0 Y J3 1 3 L' �° o .: `a c O c c v3_ o 0 .43 V 0 c n r m C 5 c p .ofJ N o O ° O O SJ a a'e p O O O a3 o a £ o V a c ;N o K p c O d 0 o c 0 a o N O N o .° 0 o r o E a 5 c c a O n D ` 0 c TIC II -o a O a Z u u Y O 0 N O L a O l7 8 ° a a d N c- d L Y 0 c x -p O .q -o a C V C D C E o E --o c 0 o 17 Y`- 40 c 01 c *3 33 c o 30 V 0 OO g > a om 00N01001 -0-N VI V •JN DnNN N NS CV iNes N N N 0 N 1/101.4611111.1l4611.4OG 0mm,°a0000 0 2 2 0 t l 11 J 1 41 el 1 1 1 1 1 1 ID I I/ 11 1 t% I • \, I a- 1 •J ♦J (1aa)js > o o>j) ._ to M - ` t`•-- - -. to-- - -ti)-- --tr-- --to - - M -- --.y ----•fl-- --M-- _-111--...-M - - - '11 «4,.;:_3 ems+ -:8 p.p.e.; lc,c-1/4),I 1 t o1 !g!li e o < - E 1' h 3 r a Q u 5 *43 U c ty la r M G -= a q c - d �_0 d O d V OEFc' P 5 £ ° 40.3 LL u m r 1W c IN - W ° I2 Z d 4 > L `ZQ a Oz O 2 O� V W O 302 a5CC N F.. a N , O < L c 4 t. 2 Q a. °c u_O� Op - 0_a3 cF ID 8eas>u O L « v `v C . x0 teen = a n n ° 0 ° �saa £ O O a Q� c q 0 W V, D a E j 3 c O 6 E E m +� a o£ m a sqa°o-23Wo 3-63 a S �� c -mac V _ U . a c s� a W 0 v me .0 p 666 c 000og4WmO ° « •%G 3 o a > > E fV $DS a� 2".1••", u N 2 m S.O .,bce O O .R 0.0.„29. c Q 1£U O d O0Wa. c 3 41 c 13 y -5 W W -gL oo��Q C ° y t' a £d �• O E. 2r 2 o>- a?Ea'2 a c o . o -°_ Vu ati7 a3 a._ .= v O t a 0 c u V 0 V N 0 0 C 0 m 01 c u E '4 c o c c c 0 o V c E c o c •j c � o Jt '. O '5 e Q O0 L tai c c 0 yy° L d N a 0 o O 1 c c O 'O co o C_ > ii c cO o 3 e o-0 O 4 « 0 a 0 0 a E c C 21 c o a o ri •O V -1 •1 I 1 -, I1 4> 1 1 1 111--1 •N `.1 I J♦ 1 111 1-J ....•••••• • /t •1 C 0. 0 6- c 0 a0 N M O a u V Y 3-13 4 .0 C N n B 3 cr t F c E € O C a O -E a o E AC o ° C O C O o -0 14 c 10 O 7 o3 r es • J c S o 0 VII 3 0 P .. °rz E o O 3 O u_c >. 2 t9 es 0 c o c0 3 a1 1 c o 0 ° S 2 O u 0. 2 a cO 0 a « .4 48 c c 0 o ,. ea a y .c O e o 30 3 is: ai.- r vJ t ♦, ..ri..- • 2 h�$ t Pu A V .t r 1 SURVEY REPORT 1 vi o vs O c « a O 4 3 E o O u n S E a c 8. O $ O x O u >, c r ° O t a d t 10 o N R 0 1 0 « O _c 0 cO 3E y 3 3 a E u 11 E c O u E - o c 7 B osc c 2 'j. 0 17 a c c O 0 3 u 0 u c en o 0 1` In .. PI f� \ `•is .j 11'.7 Si ill het le 1 1�r 15 = L l ;I- is113 II - EIJI T773 1 'is S 1 i1Tl le 3. The bearings for this survey aro based on the Ramsey County Coordinate System NAD 83 (1986 Adjust). O r c Q 5 .0 c O 2 E -c u C 0 c « O a 0 rn 0 E O L 0 se 0 L N O c 0 O 0 y IA ak /ism/«Esr aims,.& 1 , LLQ 1- • • • • • F-. fSttY3 <v =-7 aj q..T.t It ;tis Int ►eGx.-•; si s 111 i•l ' 011'-1 i % O T F, a>; 1 2 F u °94-4 c TO 0 M t -o a bbb;c o..;c c c a E ! U E N c cc E O -- r P •0 si O Ti N 3 TJ - as u E £c`•° E £ cN 0 - a U 1 h e0 2 -0 D V' a e 1 0 JQ Q Te .s c p Q O 00 a 0 3 Ea o 3 ° a ° 3u -0 o-0 a C )c .O a se C .-117 ° 0 .> N 3 E u 3 �_ V s 4 Z a •1 0 C n >` C 0 0 41O o a - o ss N « E o 2 Q Y « O o 1] V1 o o •c'=fo- c V 0 0 °313 U o4, o Etnc "a< to N r F J lc W E ..2..2 S V •L O u Si •- A 2E,- ooc P. •- E ••1 -• . a `1 o H0 1` oe 6 EE 0 < 0 < _, 11 1 •a -- 3°Y .ect YQ -I O P91909A i• • ,1• •• • L-� , • •4. J J • co O 3t • • • °e •t • ,fNll•lee,, rJ , • • • • • • ••v Date of Plat or Map: January 16, 2019 %%%%%%11%%%%%% % it H • • 1 1. ass • 0 e F • 11 • 1 0 S f 1 1-4c .4 M eq "i h, 1 1 1 < 51 95Y1f11.0z.S6OV <;v It • w 1 tag 44 0 • 90.11 L l J1 • • 1 IL� • s • ) 991 } II.,l;!!!, {}11 119!|!11 1 I{]iillllll \nnnnnn nsn neun59 0 245R s r, a« % jaciAis +» / 1 / • re fee tme 90 -- • r ' (o (5 2 0 )} 4.16 0,C04.9 s y. \Sfi sg 00 00 ceZ (j ( \de}20G3 8cad ✓ a E• f 66 ✓ z o G ter Ea Az Ce L.6 pp X5 ere eo 00 1-2 an o • n GO g• Z ut Pj 9• 0 `g g5 WARNING: Zt Poo � �} -\ ogr ƒ2 ?82 dC 5 8.c0\errcret- f %( r 2 211 fr? re 5"o s 2: W 5° 56GSa_c 2c sJ H L 9'ggNa o eo re 0 S • o 5 d2 3i t _€ t2 62 -•t, c r 5 TrreR2VR ;ggcm• Y 0 54-3i8:5 9 70r< o z 07. 0 :sat ▪ nn cu i <, 0 uo u a� otA • c6 ce co R9 PA 22 rop °w) J004S 90n3 St r Jea4S WOAJYW 5 tjy$ _ tett esteg'ia t;tt o$srs §n°, ;` =°iso Y}S: Et lewn Mr; \\ 7 IP 06 1IU !{]!!!! I H UI I } {| 2254 of, \ \tx O 1 I \ { 55 • 6 55 • 5 H 522 z 22 ES 2? Iii gl L • L E77 Es - 4\ -mu Sm ƒ - ƒ i,• SR EL V76 0y rir CONSTRUCTION STORMWATER SPECIAL WATERS SEARCH MAP 0 22914_ti; Zft EZ 1 :. W 12a§ iidl n 5 1 f. 1 .• f t I 1 :44 : t� e , .. •t I • Ili ay Pt»•1 ,ir1 la :1 ) S 7 1 c 1 4 it r. a -)..:'n t z 1 • 1.1.1 .9 1.*,i cc - 1 3 - 1• -• • 1", 1 1 t t. e •t.t 4 E tP '.r t t • n _ _ 41 e • • 4 r .t t • i t )+ .11-1 'n r- 1% TcamivitT" 4tbit;la 1 11 It)•tt.•._ P4 / • k 3 J a xIry a., ' 0 • 0 — PSI Atli 3d _1Weld rep 4 Dt,R lnhO r.n 4 :.uc.r et Nei 0 0 1 c t le 1- Z Lori z �[z m W O < tioE go23 en<10 00?< z oE za4 < Goi LJ'G. fliwow uouo z zzo . F�O � 03< 1-z< O Orpoo a gc .J W a c J u t.", p z 3° 0 z 6 52 z Sdp9t3 z azd3 c, Q tom. W CW 0 ao 1..I u 2uD ago p- o or z a <W Le Kgr, b 1``'4 p W 0 oazet a z �n J t- 4 W y~j J< Z 0.17 tee WO Val d Or 21 Nm 0 <VFFF� z G W u� x < u uz z_20 DOw dEr t10 5-a 6416 00 y ws 0 W 7 .O < � r iuti xt<ltu a PZ<<Z aZ3S0 Czam m 501 a Z viz co S ZP tg <oz= < Y 03=0 EQo Oz 1 -J A aueW W z 4 m 15 5 8 "poo zea < < . M w ti an D o S g z 77 0 m a g ;4.5 Esti pal 2 N < g 2 W < z 3 I- 0 Z Z J 0 1 in o X o W u N a a Pe O o z 3 z a 11.5Jg J < < i' z PW 10; '- VOn u ; 3z a O so 0 `J' go Bo a 0 00 02 W p�p� u0 � z cam, z8 ,� o zz o< •-• /tiz� N }t.J.1 ig O W < < W Z gIn?o'6u 1< s u 0 GENERAL SOIL TYPE: SEE GEOTECHNICAL EVALUATION REPORT J 0 0 m i 1g 0N0 m 02 05 <u let z Om gG ad u Z tiza T 1- F 0 °x .24 i Y u U A 5 0 o FO o z W g� o <Oaz xS 3eg5g52 uS ` uui X0,3 z u 1 e u c4 t•1 6 O W 8 oeto Nc G 7 0 O si zXVx1 oS -U n W 0o C� Z 06 L t` 2 G u 0 0 a u zd NW W 85 5t ZZ ��55< os ge OZ O ,z z0 h 5 1, 2 0 n 9 C S L L 4 L 0000 s POP 1 0 o g e < �o 5 io 115 El tz� 0rob 3�; ytt 7F55 311 9L 9 N u 7 0 J n e J g 8. S o 4 2 U < FF< S i S as 61 e l Q§ Olt; •'� N yNy g% Q6,1 OOOZ o30z C. 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Z6 u z J a 0 O m 2 O a P z d V G O M Z Z U U < OV s- 0 .e O 1-J n O Z z `2 8 0 HOW Z < O 0 _03f tW,lZ K ,e d N U c 1)1 F 0 V 3 0 J np 0 r 3 EROSION CONTROL BLANKET U 0 J n WIMCO ROAD DRAIN, OR APPROVED EQUAL ESTIMATED QUANTITIES Z Q 3 a — 735 -t r - DESCRIPTION UNIT 1 TEMPORARY ROCK CONSTRUCTION ENTRANCE EA 1 EROSION CONTROL BLANKET SF 1 SILT FENCE IF 1 1 INLET PROTECTION J EA 1 810 -ROLLS ! fF UNIVERSITY OF MINNESOTA 2V Tr 1 1 J r< =a 01- 413 1- -z z • Samuel Trebesch Deign of Construction SWPPP (May 31 2021) Jk teSME•vie!)'>iie crlY•U t: 2034.7 ):ti:l tut'U flu C:?:,u Ct V"W )■.v.,,.... 0 r,'2: rpreArrircru:) ` e I'll' 1 \ / It c || G re uu \\\ • r:re ;sags -- \ au 2 0 0 #v // /} _S __ 64.0 CC o \ ci ? 2N> /} *�o \ � x {■.V.,...., \\\\/\\ q\©\J22 °\ e: \- /b911 o P § \ co zur -(\ 7,66 ree 633. S5 0.003 t} to 66 E2 d33at O 0 999 O 290 1.40712 bgad 2e2 n 0.1 04.6 All LI SUET IIIHIND8ACII Of CURTI OR ICC Or INWRINT or re or Or 4:6Th .92926 616 !653 g of DO DV) epen3 °1 ij5 704 Ou 7 9n 1 ° g 6:3a 62t kal 5E aa a aa aa d6 9 .95,6299 3,0000 r2 n • o 7400 ✓ o0°0 truo reo \OE 99 t 65La3.• 33 r39 .101.06 • 3 01 CU n0 O 0-2 Ou344: Go444 (Er• e" 15644 . .---u S - 7 — • 2 ufZuVre ,. i} _._ o 082 LEE § 1110A/PAI u 0 0 0 2 12, aa 1512 0 fa 0 • cra14p tics fl•, a: ` • Vo •• of 0 u.. 43 35 44 0 X d 39 99 2 0 me k. o QI 0 0 i 21 9 ;363; TYPICAL ADA .ARgNG 1 , $ 1 ; i `t2F8 3 4 0 i? �' Q)) ' S :. Loucrs u.. 43 35 44 0 X d 39 99 2 0 me k. o QI 0 0 PLANT SCHEDULE aa■■■■g^ d ) ; 2/\] 20 ...; CONT G; r—. 0 6 0 z 3 (WANK/IL NAME ..Y } BOTANICAL NAME 0} BOTANICAL NATAL BOTANICAL NAM( BOTABACAL NAME \ c )} BOTANICAL NAME ///\\• \{ COMMON NAME BOULEVARD UNDLN LONNA CAIN MAPLE ) COMMON liAML BLACK NILES SPRUCE r ORM ! } RED JEWEL CRABAPPLE }i}}(! ) (oo COMPACT AMERICAN VILITIRNJITA I \} \ RATER PLED GRASS 8az 6) T.D.NTDN YtW COMMON NAME AwroMAwGENATA No;:.. BAJA DAINTY _I () (} RUBY:ITTDA DAY DT. _ _I ) , 0 0 , 0 0 0 v _. r. \ ( }o \ IONNAMITNTAL TELLS an \ \ !PERENNIALS I to au 0 LI orrio ƒ` 0 IT 7 022 0,0 r=]))1 \(§: _Oci nu fe }}\( , \P\ \. \(- \\ cz } r L 3 L - 0 /PEil 0} aa■■■■g^ r L 3 L - 0 /PEil 0} �b REAL ESTATE EQUITIES October 30th, 2020 Ms. Jennifer Haskamp SHC LLC Final PUD: City of Lauderdale, Eustis Street Redevelopment Dear Ms. Haskamp, Site Security, et Al (Note — additional questions regarding construction are added to this section) • Is it possible to allow residents to use the existing "alleyway" east -west temporarily until the new drive is available to Eustis Street. This requires the fence to be moved to the north size of the alley until the new drive is available. These two plans should be coordinated. Please update the drawing for the submittal. o Schoeppner Inc Response- The construction fence will be located such that the "alleyway" can be utilized by the public. • How tall is the security fencing? o Schoeppner Inc Response- 6'-0" tall chain link security fence • Will there be "screening" on the fencing — oftentimes the fencing includes visual screening, so that the construction activities are not visible, is this the case? We are concerned about safety, so your suggestions/feedback are requested. o Schoeppner Inc Response- If screening is a requirement it will be provided. • Please provide some details regarding Security Night Lighting — will it be visible from neighbors, around the perimeter, down cast, etc. o Schoeppner Inc Response- Temp lighting is provided inside the building 24 hours a day and a small night light is left on at the job trailer. Lighting will not be case off the site. • Parking — where will construction workers park? It is assumed that Spring & Malvern at 1795 will be enough, is that a fair assumption? What about parking of any equipment/etc.? o Schoeppner Inc Response- Delivery vehicles, storage containers and equipment will be parked within the site boundaries (within the security fence). Automobile parking for workers will be street parking along Spring and Malvern Streets. • Circulation and Haul Routes - can you provide an overview? o Schoeppner Inc Response- Final Haul Routes will be coordinated with the City's Traffic Engineer but assumed that most delivery traffic would come from Hwy 280 to Larpenteur Ave to Eustis Street. • Do you have a plan for dust control? Street washing to minimize dust/dirt on roadways especially during early construction? o Schoeppner Inc Response- Crushed rock tracking pads will be installed at the site exit locations. Roads will be scraped/swept on a consistent basis when trucks/vehicles leave the site. Storm inlets will be protected with filter fabric/bail logs. These items are all requirements of our NPDES permit. Watering will be utilized during demolition when necessary. C:0 11 I /11'.<- ,r ;t:1YIo') REEapartments.com Attachment E • Vibration — neighbors are concerned about the potential damage to foundations, etc., due to the construction. Do you have any guidance you could provide from previous projects where you may have addressed this type of concern? How do you address/mitigate/etc., this if damage does occur? o Schoeppner Inc Response- Demolition of the existing building will be completed with track hoes and small hydraulic hammers and no pylon footings are currently known to be required. Therefore, there will be no activities that will create a vibration level which will cause issues with surrounding properties. Sincerely, Patrick Ostrom Managing Development Partner Real Estate Equities r 0) U) co 0) • 5 • 0 U • 1-7 N 0 Z CC d (1) O V 0 U 0)no 0) v ca ca 09 0 J W '1S N2flA1Y?1 u z • Cn W W REAL ESTATE EASEMENT VACATION October 29, 2020 A perpetual easement for public right-of-way, landscaping and other purposes over, under across and through the South 22.5 feet of Lot 23, Block 10, Lauderdale's East Side Addition to Minneapolis. <1I z 0 U 1- z w w w O 0 W 0 U 0 i 0 0 O ; a) (0 Nw O u) P. 0 To O a3 J c cas r O1 0 0 CL CO 03 cn M c +' O • J �+- j, O t6 +., �- v0 O s N N '1.- 0 cn aa) s -c easement for O s 4-J (13c 0) (n O 0 (6 w w w z w J U galla [00'08] oz4o9 3„9f,ofoos - k Nt "V N N cotbzi rV 95'9/4' M„OZ,560N J0949 UJa/1/gW E 3 m vw '— N a° °, �zN) N If T3 C O J c CU N aC N J Z T 01 N —O co CO E ro4-0 c 0 T •N N N — 0 Z V 0 U 0 J 11 0 N X DVA HX3-1717986S\Sal!d }a°YS 0n^p \),3ANf1S\IVG aaV3\t/t/986\8602\:M NGRESS & EGRESS EASEMENT October 28, 2020 _ # % c co-> / \ \ \ \ y O �\ $ § 3 4- a) 2/ y/ •or / tow ® 5 .c\ E t±bd" \2 c &i > w \ / \5 \/ \\ 422 ozz /\ \ / 0 = a / \/ OP" k.- f \ \\ p >/ \ 0 _x < < e \ / / \� E� 0 o © \ \ \ \ / / \ %/ ao \ \ / D = as L. \ r ea _iD \ \ 0 @ R o 11' The south 9.00 feet 2 48 \ E \ 0 C 4413 ca @0 § c (3•‘n P5.‘ o0 :ro\ a§ Loucks Projec 3co4-1 License No. 48988 DVA HX VV9 ES\ mda®LIS 6M yOn«d vO GGVD\171798 E7Eo VM (709J73 >iDG a)/) jaa.qs spen3 [Z5 W3] it '6£'Z 3111 gig oos 1 1 — J r - I 0'91-- -►1 k06 2-0 tN' k J (1) \\ -4 o \ v) \ 1 1 , �/� \ i r L ) LLJ W Li 14-4 J U) k cn O ILco Cb LU Zcpri I ? / VJ / 1--0n9/';'�_.___ L_i C— \ O 4 _1 ) ) • /1 Yl A 1\ / 1 l/ 1 1 1/ 1 .J A2 / 1 �` N--S. Line Of Lot 6 • 4\fl in1 64- r r L u N b c >, c E -o aa c O vy I E .a 3 m a) m 4J v m CL -o a N >, t v o n CL co N c O • J c a • c N N J T > v) E 4-)C 4▪ L -J t C • C O N N N 0 • X z Loucks Projec 0 co co CO 6 Z 0) N C 0 ) J X 2 DVA HXB-1719981S\Sal!d }eagS 6Mp \AEAHf1S\dl'da aav3\VD98L\8LOZ\:M Council Member introduced the following resolution and moved its adoption: RESOLUTION NO.032222C CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE VACATION OF A PUBLIC ALLEY AND LANDSCAPE ASEMENT AT 1795 EUSTIS STREET A. WHEREAS, Lauderdale AH I, LLLP, originally applying under the name Real Estate Equities ("Applicant") applied to vacate a public access and landscape easement legally described on Exhibit A; and B. WHEREAS, the proposed vacation is required so that the subject property can be redeveloped with an Affoidable Senior Housing Building; and C. WHEREAS, the vacation would affect access for adjacent properties that use the existing public alley easement; and D. WHEREAS, the Applicant proposes to provide a replacement access through the subject Property to connect the existing alley to Eustis Street as shown on the Final PUD development plan for 1795 Eustis Street; and F. WHEREAS, a duly noticed public hearing was held on November 24, 2020; and F. WHEREAS, on March 8, 2022 the City Council determined that the vacation request is reasonable provided that the redevelopment of the site includes the dedication of a replacement public access easement across the new driveway on the subject Property; and G. WHEREAS, on March 22, 2022 the City Council completed its review of the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, that it does heieby it does heieby approve the request of the Applicant to vacate the public access and landscape easement. The City Council s Findings are as follows: 1. The requested vacation will not adversely affect the neighboring properties provided that the replacement access easement is granted 2. The vacation is reasonable to allow for the efficient development of the property with a new Affordable Senior Housing Building. FURTHER BE IT RESOLVED by the City Council of the City of Lauderdale, Minnesota, that it does hereby approve the request of the Applicant to vacate a portion of the access and landscape easement on the subject Property provided that the following conditions are met 1. The vacation is contingent upon the sale of the subject Property to the Applicant. 2. The Applicant must provide reasonable access to the adjacent neighbors though the site development process to the maximum extent possible. The Applicant shall be responsible for communicating with the adjacent neighbors about temporary closures dui ing the site construction process. 3. The vacation is subject to the dedication of the replacement easement to ensure public access from the existing alley through the subject Propelty to Eustis Street. The replacement easement document shall be reviewed and approved by the City Attorney. 4. That the new easement must be recorded at the Ramsey County Property Records. 5. The Applicant must replenish and pay all escrow fees and permit fees. Adopted by the City Council of the City of Lauderdale, Minnesota this 22nd day of March, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator -Clerk Exhibit A EASEMENT VACATION October 29, 2020 A perpetual easement for public right-of-way, landscaping and other purposes over, under across and through the South 22.5 feet of Lot 23, Block 10, Lauderdale's East Side Addition to Minneapolis. Member introduced the following resolution and moved its adoption. CITY OF LAUDERDALE RESOLUTION NO. 032222D RESOLT JTION APPROVING THh SALE OF 1795 11,USTIS STREET AND AUTHORIZING hXFiCUTION OF THE PURCHASE AND DEVELOPMENT AGREEMENT RELATED THERETO WHEREAS, the city of Lauderdale (the "City") is the fee owner of certain real property located at 1795 Eustis Street and legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has negotiated that certain Purchase and Development Agreement (the "Agreement") with Lauderdale AH I, LLLP (the "Buyer") regarding the sale and development of the Property; and WHEREAS, all actions necessary to sell the Property to the Buyer having occurred, the city council of the city of Lauderdale on this date has reviewed and approved the terms and conditions of the Agreement. NOW, THEREFORE, BE, IT RESOLVED by the city council of the city of Lauderdale as follows: 1. The mayor and city administrator -clerk are hereby authorized and directed to execute the Agreement on behalf of the City. 2. The mayor, city administrator -clerk and city consultants are hereby authorized and directed to take all other actions necessary or convenient to cavy out the intent and purposes of this Resolution and the Agreement, including such minor adjustments to the Agreement as may be advisable for consistency with the Buyer's other financing. 786290 v2 LA135-37 1 Dated: March 22, 2022. Mary Gaasch, Mayor ATTR ST: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 786290 v2 LA135-37 2 1-4,XHIBIT A The Property is legally described as follows: Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's East Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's bast Side Addition. Ramsey County, Minnesota Torrens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the North line of Lot 1, all in Block 10, Lauderdale's East Side Addition. Ramsey County, Minnesota Abstract Property 786290 v2 LA135-37 A-1 MEMORANDUM TO: Heather Butkowski — City Administrator FROM: Keith Dahl & Stacie Kvilvang - Ehlers DATE: March 18, 2022 SUBJECT: 1765 Eustis — Real Estate Equities Redevelopment E HLE Rs PUBLIC FINANCE ADVISORS At the March 8, 2022 meeting, the Council reviewed the preliminary business terms for the development of the above referenced property into a 114 -unit senior rental project. Attached to this memo is a copy of the Purchase and Development Agreement with the reviewed terms incorporated into the contract. The only 2 changes worth noting is they have until July 8th to close (prior was July 1) and more detail on the affordability levels by units and incomes in bold text in #6 below (with strike out of previous term): 1. General a. Development Agreement with Lauderdale AH 1, LLP 2. Purchase of Land a. City is selling land "AS IS" b. Purchase price of $1,360,552 which pays off the existing City bond issue i. $15,000 in earnest money at time of execution of the Agreement and applied to purchase price at closing c. Closing by July 4-8, 2022 3. Development and Timing of Construction a. Construction of a 114 -unit senior apartment and related parking b. Must commence construction December 31, 2022 and be completed by June 30, 2024 i. Only an event of default if they don't commence by July 31, 2023 or obtain Certificate of Occupancy by December 31, 2025 4. Minimum Assessment Agreement (MAA) a. Execution of an MAA for $19,950,000 as of January 2, 2024 through the term of the TIF Note 5. Tax Increment a. The City created TIF District 1-2 b. The Developer will be reimbursed for land acquisition in the form of a pay-as-you-go note in the amount of $810,000 i. Term of the TIF Note will be for 15 years BUILDING COMMUNITIES. IT'S WHAT WE DO. info@ehlers-i nc.corn 1 (800) 552-1171 www.ehlers-inc.com HLRSII PUBLIC FINANCE A DVISOPS ii. Interest will be simple, non -compounding paid at the lesser of 3.9% or Developers actual financing rate iii. Developer will receive 75% of the tax increment generated from their project 6. Compliance with Low and Moderate -Income Requirement a. 100% of the units must be affordable to persons at or bel e . !°:: a a . - . -- - :. - ' -come. Eleven (11) of the units have to be affordable to persons at or below 30% of the area median income (AMI), 81 of the units have to be affordable at 50% of AMI and 22 units can be affordable at 60% AMI, with rents restricted at 50% AMI (this income averaging places the entire project affordable at 50% AMI or Tess) b. Developer must report annually by April 15th (starting on first April 15th after issuance of CO) to the City showing compliance with this requirement. c. If documentation is not provided or it is determined the developer is not in compliance with this requirement, then TIF payments will be withheld until they are in compliance. d. Required to file a Declaration Regarding Income Restrictions for 26 years. 7. Taxes a. Developer shall pay all real property taxes b. Developer cannot seek administrative or judicial review of constitutionality of the taxes or a deferral or abatement of the taxes c. Developer must inform the City in writing if they intend to petition for a reduction in their taxable value. The TIF payments during outstanding petitions will be paid at the MAA amount until the tax petition is settled or dismissed. 8. Payment of City Costs a. Acknowledges that the developer has deposited $10,000 with the City to date to cover administrative, legal and fiscal consultant expenses. The Developer is required to pay 100% of the City's costs associated with the project. Please contact either of us at 651-697-8500. BUILDING COMMUNITIES. IT'S WHAT WE DO. info@ehlers-inc.com �� 1 (800) 552-1171 www.ehlers-inc.com EXECUTION COPY PURCHASE AND DEVELOPMENT AGREEMENT BETWEEN CITY OF LAUDERDALE AND LAUDERDALE AH I, LLLP This document diafted by: KENNEDY & GRAVFN, CHARTERED (RHB) 150 South Fifth Street Suite 700 Minneapolis, Minnesota 55402 (P) 612-337-9300 (F) 612-337-9310 LA I35 -37-690131.v9 ARTICLE I Section 1.1 ARTICLE II Section 2.1 Section 2.2. ARTICLE III Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 Section 3.11 Section 3.12 Section 3.13 Section 3.14 Section 3.15 Section 3.16 ARTICLE IV PROPERTY Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Section 4.8 Section 4.9 LA135-37-690131.v9 TABLE OF CONTENTS PURCHASE AND DEVELOPMENT AGREEMENT DEFINITIONS Definitions REPRESENTATIONS AND WARRANTIES Representations and Warranties of the City Representations and Warranties of the Developer UNDERTAKINGS BY DEVELOPER AND CITY Total Development Costs and Public Development Costs TIF Note Age Restrictions Developer to Pay City's Fees and Expenses Execution of Assessment Agreement Compliance with Finvironmental Requirements Construction Plans Site Development and Constiuction Activities Commencement and Completion of Construction Certificate of Completion Additional Responsibilities of the Developer Encumbrance of the Development Property Business Subsidy Act Right to Collect Delinquent Taxes Reduction of Taxes Declaration Regarding Income Restrictions ACQUISITION AND CONVEYANCE OF DEVELOPMENT Purchase and Sale of Development Property; Purchase Price As Is Conveyance Payment of Purchase Price Contingencies to Closing on Development Property Closing Closing Costs Title Environmental Remediation Developer's Right to Inspect i ARTICLE V Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 ARTICLE VI Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Section 6.7 Section 6.8 Section 6.9 Section 6.10 Section 6.11 Section 6.12 Section 6.13 Section 6.14 Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E• Exhibit F: Exhibit G: Exhibit H: EVENTS OF DEFAULT Events of Default Defined Remedies on Default No Remedy Exclusive No Implied Waiver Indemnification of City Reimbursement of Attorneys' Fees ADDITIONAL PROVISIONS Restriction on use Reports Limitations on Transfer and Assignment Conflicts of Interest Titles of Articles and Sections Notices and Demands No Additional Waiver Implied by One Waiver Counterparts Law Governing Term; Termination Provisions Surviving Rescission, Expiration or Termination Superseding Effect Relationship of Parties Venue Legal Description of Development Property Public and Total Development Costs Form of Taxable TIF Note Fol of Certificate of Completion of Project Form of Declaration of Restiictive Covenants Form of Deed Form of Minimum Assessment Agreement Form of Investment Letter ii LA 135-37-690131.v9 PURCHASE AND DEVELOPMENT AGREEMENT This Agreement is made this day of , 2022, by and between the city of Lauderdale, Minnesota, a municipal corporation under the laws of Minnesota (the "City"), and Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership (the `Developer"), WI l'NESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134 (the "City Development District Act"), the City has created a Project Area; and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1794 as amended, (the `TIF Act"), the City has created within the Project Area, Tax Increment Financing Redevelopment District No. 1-2 (a redevelopment distiict) qualified as a redevelopment tax increment financing district (the "TIF District") and adopted a tax increment financing plan therefor, which was approved by the City Council on January 25, 2018 (the "TIF Plan") and which provides for the use of tax increment financing in connection with certain development within the Project Area and TIF District; and WHEREAS, the Developer has proposed to construct an approximately 114 -unit affordable senior multifamily rental housing project and all related amenities and improvements, to be located at 1795 hustis Street, Lauderdale, Minnesota to be completed, owned and operated by the Developer on property within the TIF District (the "Project"); and WHEREAS, the Developer has requested that the City use tax increment financing to assist the Developer with certain costs thereof in order to fill the gap between the Total Development Costs (as hereinafter defined) and the funds available to pay such costs. NOW, THERFFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE' I DEFINITIONS Section 1.1. Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Administrative Costs means out of pocket costs incurred by the City together with staff and consultant (including seasonable legal, financial adviser and similar) costs of the City, all attributable to or incurred in connection with the establishment of the TIF District and the TIF Plan and review, negotiation and preparation of this Agieement (together with any other agreements entered into between the parties hereto contemporaneously therewith) and review and approvals of other documents and agreements in connection with the Project. In addition, the term includes certain engineering, environmental advisor, legal, land use, zoning, subdivision and other costs related to the development of the Development Property which are required to be paid, or 1 LAI35-37-690131.v9 additional funds to be deposited in escrow, as provided in accordance with the City's planning, zoning, and building fee schedules; Agreement means this Purchase and Development Agreement, as the same may be from time to time modified, amended or supplemented; Affiliate means a corporation, partnership, joint venture, association, business tiust or similar entity organized under the laws of the United States of America or a state thereof which is directly controlled by or under common control with the Developer or any other Affiliate. For purposes of this definition, control means the power to direct management and policies through the ownership of at least a majority of its voting securities, or the right to designate or elect at least a majority of the members of its governing body by contract or otherwise; Architect means Kaas Wilson Architects, LLC, in Minneapolis, Minnesota; ARP Loan means a subordinate loan from Ramsey County to the Developer in the amount of approximately $2,950,000; Assessment Agreement means the minimum assessment agreement, in substantially the form of the agreement attached as Exhibit G hereto and made a part of this Agreement, between the Developer and the City; Assessor s Minimum Market Value means the agreed minimum market value of the Project for calculation of real property taxes as determined by the assessor for the County as of January 2, 2024 and as further set forth in the Assessment Agreement; Available Tax Increment means 75 percent the Tax Increment received by the City less the amount of Tax Increment, if any, which must pay to the school district, the County and the State pursuant to the TIF Act including, without limitation, Minnesota Statutes, Sections 469.177, Subds. 9, 10, and 11; 469.176, Subd. 4h; and 469.175 Subd. la, as the same may be amended from time to time, which may be used to reimburse the Public Development Costs; Bridge Loan means, collectively, the tax-exempt equity bridge loan from Bridgewater Bank to the Developer in the amount of approximately $1,020,000 and the taxable equity bridge loan from Bridgewater Bank to the Developer in the amount of approximately $6,187,680; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; Certificate of Completion means a Certificate of Completion with respect to the Project to be executed by the City pursuant to Section 3.9 and in substantially the form attached hereto as ,xhibit D; City means the city of Lauderdale, a municipal corporation under the laws of Minnesota; City Approvals means, collectively, the PUD, Conditional Use Permit, Site Plan and any other land use entitlements granted by the City for the Project; 2 LA135-37-690131.v9 Closing Date or Closing means July 8, 2022 or such other date as agreed to by the City and Developer, or as extended by either party as provided herein; Completion Date means the date on which the Certificate of Completion with respect to the Project is executed by the City pursuant to Section 3.9; Comprehensive Plan means the adopted 2040 City of Lauderdale Comprehensive Plan that contains the Future Land Use Plan which guides the Development Property for High Density Residential use. Conditional Use Permit means the conditional use permit issued by the City for the use of the Development Property for a senior multifamily rental housing project; Construction Documents means the following documents, all of which shall be in form and substance acceptable to the City: (a) Evidence satisfactory to the City showing that the Project conforms to applicable zoning, subdivision and building code laws and ordinances, including a copy of the building permit for the Project; (b) A copy of the executed standard form of agreement between owner and architect for architectural services for the Project, if any, and (c) A copy of the executed General Contractor's contract for the Project, if any; Construction Plans means the plans, specifications, drawings and related documents for the construction of the Project which shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the building official of the City; County means Ramsey County, Minnesota; Declaration means the Declaration of Restrictive Covenants in substantially the fouu attached hereto as Exhibit E to be recorded against the Development Property; Deed means the Quit Claim Deed in the form attached hereto as Exhibit F, to be executed by the City conveying the Development Property to the Developer; Design Drawings means the floor plans, renderings, elevations and material specifications for the Project prepared by the Architect; Developei means Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership, and its authorized successors and assigns* hereto; Development Property means the real property legally described in Exhibit A attached Event of Default means any of the events described in Section 5.1 hereof; Final Payment Date means the earliest of (i) the date on which the entire principal and accrued interest on the TIF Note has been paid in full (ii) February 1, 2039; (iii) any earlier date this Agreement 01 the TIF Note is cancelled in accordance with the terms hereof 01 deemed paid in full, (iv) the February 1 following the date the TIF District is terminated in accordance with the TIF Act; or (v) the date the City cancels the TIF Note upon a written request for termination from 3 LA135-37-690131.v9 the Developer and a determination in the City s sole discretion that such termination will not limit or interfere with the City's ability to pool Tax Increments generated by the TIF District for affordable housing in accordance with the TIF Act (provided that theie shall be no payment of any Tax Increments on such date unless it is a regular Payment Date); General Contractor means Schoeppner, Inc., a Minnesota corporation; HOMh Loan means a subordinate loan from Ramsey County to the Developer in the amount of approximately $350,000; Payment Date means August 1 2024 and each February 1 and August 1 thereafter to and including the Final Payment Date; provided, that if any such Payment Date should not be a Business Day, the Payment Date shall be the next succeeding Business Day; Planned Unit Development or PUD means the City's land use regulations for the Project and rezoning of the Development Property; Project means the construction of an approximately 114 -unit affordable senior multifamily rental housing project and all related amenities and improvements, to be completed, owned and operated by the Developer on the Development Property; Project Area means the portion of the community designated as a project by the City under Minnesota Statutes, Section 469.124 through 469.134, as amended; Public Development Costs means the Public Development Costs of the Project identified on Exhibit B attached hereto and any other cost incurred by the Developer, or its assigns, that the City determines is eligible for reimbursement with Available Tax Increment; Qualifying Tenant means one of the 11 tenants whose income does not exceed 30 percent of area median income the 81 tenants whose income does not exceed 50 percent of area median income or the 22 tenants whose income does not exceed 60 percent of area median income. Reimbursement Amount means the lesser of (i) $810,000 or (ii) the Public Development Costs actually incurred and paid by the Developer; Rental Housing Unit means one of the 114 rental housing units in the Project; Revenue Bonds means the City's Multifamily Housing Revenue Bonds, Series 2022 in the amount of $15,199,800. Site Plan means the site plan prepared for the Development Property approved by the City; State means the State of Minnesota; Tax Increment means the tax increment derived from the TIF District and the improvements thereon which are paid by the County to the City in accordance with the TIF Act including, without limitation, Minnesota Statutes, Section 469.177, as amended; 4 LA 13 5-37-690131.v9 Termination Date means the earliest of: (i) the date which is 26 years from the date a temporary certificate of occupancy is received by the Developer for all Rental Housing Units on the Development Property; (ii) the date the TIF District is terminated in accordance with the TIF Act (iii) the date the TIF Note is paid in full; or (iv) the date the City cancels the TIF Note upon a written request foi termination from the Developer and a determination in the City's sole discretion that such termination will not limit or interfere with the City's ability to pool Tax Increments generated by the TIF District for affordable housing in accordance with the TIF Act; TIF Act means Minnesota Statutes, Section 469.174 through 469.1794, as amended; TIF District means the City's Tax Increment Financing District No. 1-2 (a redevelopment district) consisting of the property legally described in hxhibit A attached hereto, which was established as a redevelopment district under the TIF Act; TIF Note means the Taxable Tax Increment Revenue Note (Lauderdale AH I, LLLP Project) to be executed by the City and delivered to the Developer pursuant to Article III heieof, a form of which is attached hereto as hxhibit C; TIF Plan means the tax increment financing plan approved for the TIF District; Total Development Costs means all of the costs of the Project as set forth on Exhibit B; and Unavoidable Delays means delays, outside the control of the party claiming their occurrence, which aie the direct result of strikes, other labor troubles, unusually severe or prolonged bad weathei, acts of God, acts of war or terrorism, fire or other casualty to the Project, litigation commenced by third parties which, by injunction 01 other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal state or local governmental unit (other than the City) which directly result in delays, acts of the pubhc enemy or acts of terrorism and discovery of unknown hazardous materials or other concealed site conditions or delays of contractors due to such discovery. ARTICLFII REPRESENTATIONS AND WARRANTIES Section 2.1. Representations and Warranties of the City. (1) The City is a municipal corporation organized and existing under the laws of the State and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The City has approved the creation of the TIF District and adopted the TIF Plan in accordance with the provisions of the TIF Act. (3) The development contemplated by this Agieement is in conformance with the development objectives set forth in the Comprehensive Plan and the terms and conditions of the City Approvals. 5 LA135-37-690131.v9 (4) Other than as provided in this Agreement, the City makes no representation or warranty, either express or implied as to the Development Property or its condition, or that the Development Property shall be suitable for the Developer's purposes or needs. (5) No Council member or officer of the City benefits financially from this Agreement within the meaning of Minnesota Statutes, Section 412.311 and 471.87. (6) The City represents it: (i) is the fee simple owner of the Development Property, (ii) has the full power and authority to enter into this Agreement and the City's documents, and (iii) can incur and perform the obligations hereunder. (7) The City is not a "foreign person", `foreign partnership", "foreign trust" or "foreign estate", as those terms are defined in Section 1445 of the Internal Revenue Code. (8) The City represents that there is: (i) no "Well" on the Development Property within the meaning of Minnesota Statutes, Section 103I and (ii) no "Individual Sewage Treatment Systems" on the Development Property within the meaning of Minnesota Statutes, Section 115.55. (9) No above ground or underground tanks are located in or about the Development Property. (10) Neither the execution or delivery of this Agreement nor the consummation of the transaction as contemplated herein will conflict with or result in a breach of any contract, license or undertaking to which the City is a party or by which any of its property is bound, or constitute a default thereunder or, except as contemplated herein, result in the creation of any lien 01 encumbrance upon the Development Property. (11) There are no legal or administrative proceedings threatened or pending against the City which would adversely affect its right to convey the Development Property to the Developer as contemplated in this Agreement. To the best of the City s knowledge, there are no condemnation or eminent domain proceedings pending 01 threatened with respect to the Development Property and there are no legal 01 administrative proceedings pending or threatened affecting the Development Property. (12) To the best of the City's knowledge, the City tem esents and warrants that the City is not indebted for labor or material that might give rise to the filing of notice of mechanic's lien against the Property. (13) To the best of the City's knowledge, there are no other material facts which contradict the City's representations contained herein. Should the City become aware of any such material facts, City shall immediately notify the Developer. (14) The City represents that there are no unrecorded interests, contracts, or agreements with respect to the Development Property that will survive the Closing Date. 6 LA135-37-690131.v9 Section 2.2. Representations and Warranties of the Developer. (1) The Developer is a Minnesota limited liability limited partnership and validly organized and existing in good standing under the laws of the State, and has power and authority to enter into this Agreement and to perform its obligations hereunder and is not in violation of any provision of the laws of the State. (2) The Developer will acquire fee title to the Development Property and will cause the Project to be constructed in accordance with the terms of this Agreement, the City Approvals, and all other applicable local, state and federal laws and regulations including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations. (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet in a timely manner, all requirements of all applicable local, state and federal laws and regulations which must be obtained or met foi the construction and operations of the Project. (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in breach of, the terms, conditions or provisions of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer understands that the City may subsidize or encourage the development of other developments in the City, including properties that compete with the Development Property and the Project, and that such subsidies may be more favorable that the terms of this Agreement, and the City has informed the Developer that development of the Development Property will not be favored over the development of other properties. (7) Subject to Unavoidable Delays, the construction of the Project will commence on or before July 31, 2022, and, barring Unavoidable Delays, the Project will be substantially completed by December 31, 2023 Notwithstanding the foregoing, failure of the Developer to substantially complete the Project shall not be an Nvent of Default unless the pioject is not substantially complete by March 31, 2024. 7 LA135-37-690131.v9 ARTICLh III UNDF,RTAKINGS BY DF,VF:LOPF,R AND CITY Section 3.1. Total Development Costs and Public Development Costs. (1) The Developer's estimate of the Total Development Costs of the Project and sources of revenue to pay such costs are set forth on Exhibit B attached hereto. (2) Based on the Developer's representation that the Total Development Costs for the Project are approximately $29,800,000, that the sources of revenue available to pay such costs, excluding the tax increment assistance contemplated herein, is $28,990,000, and that the Developer is unable to obtain additional private financing for the estimated Total Development Costs, the City has agreed to provide tax increment financing subject to the terms and conditions as hereinafter set forth. The Developer must provide the City copies of all executed financing documents related to financing the Total Development Costs of the Project. (3) The parties agree that the Public Development Costs to be incurred by the Developer are essential to the successful completion of the Project. The Developer anticipates that the Public Development Costs for the Project which are identified on hxhibit B attached hereto will be at least $810,000. (4) As of January 2, 2024, the estimated market value of the Development Property, as improved with the Project, is expected to be at least $19,950,000. (5) The Developer has entered into a purchase agreement with the City with teams as stipulated in Article IV of this Agreement The Developer will acquire fee title to the Development Property, and will cause the Project to be constructed in accordance with the terms of this Agieement, the City Appiovals and all other local, state and federal laws and regulations including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations. (6) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met foi the construction and operations of the Project. (7) The Total Development Costs shall be paid by the Developer, and the City shall reimburse the Developer for the Public Development Costs in the Reimbursement Amount solely through the issuance of the TIF Note as provided herein. Section 3.2. TIF Note. (1) The TIF Note will be originally issued to the Developer, as provided in Section 3.2(2), in a principal amount equal to the Reimbursement Amount and shall be dated as of its date of issuance. The principal of the TIF Note and interest thereon shall be payable on a pay- as-you-go basis solely from the Available Tax Increment as provided below. 8 LA135-37-690131.v9 (2) The TIF Note shall be issued, in substantially the form attached hereto as Exhibit C and interest will commence to accrue on the TIF Note only when (A) the Developer shall have acquired the Development Property in fee; (B) the Developei shall have submitted written proof and other documentation as may be reasonably satisfactory to the City of the exact nature and amount of the Public Development Costs incurred by the Developei, together with such other information or documentation as may be reasonably necessary and satisfactory to the City to enable the City to substantiate the Developer's tax increment expenditures per Exhibit B and/or to comply with its tax increment reporting obligations to the Commissioner of Revenue, the Office of the State Auditor or other applicable official; (C) the City shall have received evidence that the Declaration has been recorded against the Development Property; (D) the Developer shall have obtained from the City the Certificate of Occupancy for all residential units in the Project; (h) the Developer shall have paid all of the City's Administrative Costs iequired to have been paid as of such date in accordance with Section 3 4 hereof; (F) the Developer shall have submitted to the City the Investment Letter in the form attached hereto as Exhibit H; (G) the Minimum Assessment Agreement in the form attached hereto as Exhibit G shall have been recorded against the Development Property; and (H) the Developei is in material compliance with each term 01 provision of this Agreement required to have been satisfied as of such date. The documentation provided in accordance with Section 3.2(2)(B) shall include specific invoices for the particular work from the contractor or other provider and shall include paid invoices, copies of remittances and/or other suitable documentary proofs of the Developer's payment thereof (3) Subject to the provisions thereof, the TIF Note shall bear simple, non -compounding interest at the rate equal to the lesser of 3.9% per annum or the rate per annum on the first lien financing for the Project. Interest shall be computed on the basis of a 360 day yea]. consisting of twelve 30 -day months. Principal and inteiest on the TIF Note will be payable on each Payment Date; however, the sole source of funds iequired to be used for payment of the City's obligations under this Section and correspondingly under the TIF Note shall be the Available Tax Increment received in the 6 -month period preceding each Payment Date. The principal amount of TIF Note shall be the Reimbursement Amount. On each Payment Date the Available Tax Increment shall be credited against the accrued interest then due on the TIF Note and then applied to reduce the principal. In the event the Available Tax Increment is not sufficient to pay the accrued inteiest the unpaid accrued interest shall be carried forward without interest. All Tax Increment in excess of the Available Tax Increment necessary to pay the principal and accrued interest on the TIF Note is not subject to this Agreement, and the City retains full discretion as to any authorized application thereof. To the extent that the Available Tax Increment is insufficient through the Final Payment Date, to pay all amounts otherwise due on the TIF Note, said unpaid amounts shall then cease to be any debt or obligation of the City whatsoever. No Interest will accrue during any period in which payments have been suspended pursuant to Section 4.2. (4) Any interest accruing on Available Tax Increment held by the City pending payment to the Developer on the TIF Note shall accrue to the account of the TIF District. (5) The TIF Note shall be a special and limited obligation of the City and not a general obligation of the City and only Available Tax Increment shall be used to pay the principal of and interest on the TIF Note. 9 LA135-37-690131.v9 (6) The City's obligation to make payments on the TIF Note on any Payment Date shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement that has not been cured during the applicable cure period, and (B) this Agreement shall not have been terminated pursuant to Section 4.2, and (C) all conditions set forth in Section 3.2(2) have been satisfied as of such date. (7) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as actually executed, in substantially the form set forth in Exhibit C. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.2 the terms of the TIF Note shall govern. The issuance of the TIF Note is pursuant and subject to the terms of this Agreement. (8) The Developer understands and acknowledges that all Public Development Costs must first be paid by or on behalf of the Developer and will be reimbursed from Available Tax Increment pursuant to the terms of the TIF Note. The City makes no representations or warranties regarding the amount of Tax Increment, or that revenues pledged to the TIF Note will be sufficient to pay interest on or the principal of the TIF Note. Any estimates of Tax Increment prepared by the City or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the City and are not intended as representations on which the Developer may rely. In the event of legislative changes reducing the tax rate classification of certain qualified low-income rental housing under Minnesota Statutes, Section 273.13, subd. 25(e), the Developer expressly agrees and acknowledges that the City will adjust the principal amount of the TIF Note to reflect such reduction. The parties agree that they will work in good faith to determine the appropriate amount of such reduction, it being the intent that the aggregate effect of such changes (i.e., the projected expense savings to the Developer attributable to the reduction to the annual tax liability with regard to the Project and the projected income reduction to the Developer attributable to the reduction in the amount of payments under the TIF Note) will be revenue -neutral to the Developer. If the principal amount of the TIF Note is reduced pursuant to this Section 3.2(8), and there is subsequently a legislative change which increases the tax rate classification (i.e., the legislation giving rise to the reduction is repealed), the City shall adjust the piincipal amount of the TIF Note to reflect such increased tax burden in the same manner as the reduction aforesaid; provided, however, that any such increase shall be limited to the aggregate amount by which the principal balance of the TIF Note was previously reduced pursuant to this Section 3.2(8). Public Development Costs exceeding the principal amount of the TIF Note are the sole responsibility of Developer. (9) The Developer must execute and deliver the Assessment Agreement all as further provided in Section 3 5 and must file such Assessment Agreement with the Ramsey County Recorder and Registrar of Titles at the Developer's sole cost. Section 3.3. Age Restrictions. Commencing on the Completion Date and continuing until termination of the Declaration, all of the Rental Housing Units in the Project shall be occupied by at least one person who is at least 55 years of age. 10 LA135-37-690131.v9 Section 3.4. Developer to Pay City's Fees and hxpenses. The Developer will pay all of the City's reasonable Administrative Costs and must pay such costs to the City within 30 days after receipt of a written invoice from the City describing the amount and nature of the costs to be reimbursed. The pasties agree and understand that Developer deposited with the City $10,000 toward payment of the City's Administrative Costs. If such costs exceed such amount, then at any time, but not more often than monthly, the City will deliver written notice to Developer setting forth any additional fees and expenses, together with suitable billings, receipts or other evidence of the amount and nature of the fees and expenses, and Developer agrees to pay all fees and expenses within 30 days of City's written request. Any unused amount of such deposit shall be returned to the Developer. Section 3.5. Execution of Assessment Agreement. (1) The Developer and the City agree to execute an Assessment Agreement relating to the Development pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the minimum market value for the Development Property for calculation of real propeity taxes. Specifically, the Developer shall agree to a market value for the Development Property of $19,950,000 commencing as of January 2, 2024 (the "Minimum Maiket Value"). (2) Nothing in the Assessment Agreement or this Agreement limits the discretion of the County Assessor to assign a market value to the Development Propeity in excess of the Minimum Market Value nor prohibits the Developer from seeking, through the exercise of legal or administrative remedies, a reduction in such market value for property tax purposes; provided however, the Developer shall not seek a ieduction of such market value below the Minimum Market Value for any year so long as the Assessment Agreement remains in effect for that year. (3) The Assessment Agreement shall remain in effect until the Termination Date. (4) The Assessment Agreement shall be certified by the County Assessor as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the County Assessor that the Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Project to be constructed on the Development Propeity and the market value previously assigned to the Development Property. (5) Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder and registrar of titles of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property, whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage on the Development Property. (6) The Assessment Agreement shall be filed, at the sole cost of the Developer, against the Development Property prior to any lien or encumbrance on the Development Property, including any mortgage. 11 LA 13 5-37-690131.v9 Section 3.6. Compliance with Environmental Requirements. (1) The Developer shall comply with all applicable local, state, and federal environmental laws and regulations, and will obtain, and maintain compliance under, any and all necessary environmental permits, licenses, approvals or reviews. (2) The City has provided the Developer with the Phase I Environmental Site Assessment Report dated March 16, 2018 and Limited Phase II Environmental Site assessment dated Apiil 24, 2018 completed by The Javelin Group on behalf of the City. Both reports were prepared for the City as pait of the City's acquisition process in 2018. The reports are provided to the Developer as information, and the City makes no specific warranties or representations regarding their contents or the accuracy or completeness of the infoimation contained therein. The City further discloses that underground tanks existed at one time on the Development Property but have since been removed. Previous environmental investigation for contaminated soil associated with leaks from the tanks failed to accurately identify the location of the leaks and therefore the test results are not conclusive. The Developer will be responsible for additional testing after acquiring the Development Property. (3) The City makes no warranties or representations regarding, nor does it indemnify the Developer with respect to, the existence or nonexistence on or in the vicinity of the Development Property or anywhere within the TIF District of any toxic 01 hazardous substances or wastes, pollutants or contaminants (including, without limitation asbestos, urea foimaldehyde, the group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products, or any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CFRCLA"), 42 U.S.C. §§ 961-9657, as amended) (collectively, the "Hazardous Substances"). (4) The Developer agrees to take all necessary action to remove or remediate any Hazardous Substances located on the Development Property to the extent required by and in accordance with all applicable local, state and federal environmental aws and regulations. Section 3.7. Construction Plans. (1) Prior to the commencement of construction of the Project, the Developer will deliver to the City the Construction Plans, Construction Documents and a sworn construction cost statement certified by the Developer and the General Contractoi (the "Sworn Construction Cost Statement') all in form and substance acceptable to the City. The Construction Plans for the Project shall be consistent with the City Appiovals this Agieement, and all applicable State and local laws and regulations previously submitted to the City. The City's building official and engineer shall promptly review any Construction Plans upon submission and deliver to the Developer a written statement approving the Construction Plans or a written statement rejecting the Construction Plans and specifying the deficiencies in the Construction Plans. The City's building official and engineer shall approve the Construction Plans if they: (i) substantially conform to the teims and conditions of this Agreement; (ii) are consistent with the City Approvals and the TIF Plan; (iii) comply with the Site Plan and Design Drawings; and (iv) do not violate any applicable federal, State or local laws, ordinances rules or regulations. If the Construction Plans are not approved by the City, the Developer shall make such changes 12 LA135-37-690131.v9 as the City may reasonably require and resubmit the Construction Plans to the City for approval, which will not be unreasonably withheld, conditioned or delayed. (2) No changes shall be made to the Construction Plans for the Project without the City's prioi written approval, unless the aggregate of such changes do not increase or decrease the Total Development Costs by more than 10%. No changes which are materially inconsistent with the City Approvals or which materially alter (a) the Project's site plan, (b) exterior appearance, (c) construction quality, or (d) exterior materials included in the final Design Drawings and Construction Plans shall be made without the City's prioi written consent. The approval of the City will not be unreasonably withheld, conditioned or delayed. Section 3.8. Site Development and Construction Activities. (1) The Developer shall work with the City's engineer and building official on a site development and construction activities plan. Such plan shall address, but not be limited to, the following: (a) Construction hours of operation shall be consistent with the City's ordinances; (b) If applicable, approval of extended hours shall be submitted for review and approval; and (c) Construction activities, including parking of onsite workers, shall be consistent with the plan submitted and approved with the City Approvals. Section 3.9. Commencement and Completion of Construction. Subject to the terms and conditions of this Agreement and to Unavoidable Delays, the Developer will commence construction of the Project by July 31, 2022 and shall substantially complete the Project by December 31, 2023. Notwithstanding the foregoing, failure of the Developei to commence construction or substantially complete the Project shall not be an Event of Default unless the Developer fails to commence construction of the Project by October 31, 2022 or the Developer fails to obtain a temporary certificate of occupancy for the Project by March 31, 2024. The Project will be constructed by the Developer on the Development Property in conformity with the Construction Plans approved by the City. Prior to completion, upon the request of the City, and subject to applicable safety rules, the Developer will provide the City reasonable access to the Development Property. "Reasonable access" means at least one site inspection per week during iegulai business hours. During construction, marketing and rentals of the Project, the Developer will deliver progress reports to the City from time to time as reasonably requested by the City. Section 3.10. Certificate of Completion The Developer shall notify the City when construction of the Project has been substantially completed. The City shall, within 20 days after such notification, inspect the Project in order to determine whether the Project has been constructed in substantial conformity with the approved Construction Plans. If the City determines that the Project has not been constructed 13 LA135-37-690131.v9 in substantial conformity with the approved Construction Plans, the City shall deliver a written statement to the Developer indicating in adequate detail the specific respects in which the Project has not been constructed in substantial conformity with the approved Construction Plans and Developer shall have a reasonable period of time to remedy such deficiencies. The City shall re -inspect the Project within a reasonable period of time after receiving notice that such deficiencies have been remedied in older to determine whether the Project has been constructed in substantial conformity with the approved Construction Plans and this Agreement. Within a reasonable period of time after determining that the Project has been constructed in substantial conformity with the approved Construction Plans, the City will furnish to the Developer a Certificate of Completion substantially in the form attached hereto as Exhibit D certifying the completion of the Project. The Certificate of Completion issued for the Project shall conclusively satisfy and terminate the agreements and covenants of the Developer in this Agreement solely with respect to construction of the Project The issuance of a Certificate of Completion shall not be construed to relieve the Developer of any approval required by the City in connection with the construction, completion or occupancy of the Project nor shall it relieve the Developei of any other obligations under this Agreement or the City Approvals. Section 3.11. Additional Responsibilities of the Developer. (1) The Developer will construct, operate and maintain, or cause to be operated and maintained, the Project substantially in accordance with the terms of this Agreement, the City Approvals and all other applicable local, State, and federal laws and regulations including, but not limited to zoning, building code, public health laws and regulations, except for approved variances necessary to construct the Project contemplated in the Construction Plans approved by the City. (2) The Developer will obtain, in a timely manner, all required permits, licenses, and approvals, and will meet, in a timely manner, all requirements of all applicable local, State, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. (3) The Developer will not construct any building or other structures on, over, or within the boundary lines of any public utility easement unless such construction is provided foi in such easement or has been approved by the utility involved. (4) The Developer, at its own expense, will replace any public facilities and public utilities damaged during the construction of the Pioject, in accordance with the technical specifications, standards and practices of the ownei thereof. (5) The Developer will comply with all applicable local, state and federal environmental laws and regulations, as they relate to the Project. (6) The Developer will provide and maintain or cause to be maintained at all times and, from time to time at the request of the City, furnish the City with proof of payment of premiums on insurance of amounts and coverages normally held by owners of property similar to the Proj ect. 14 LA135-37-690131.v9 Section 3.12. Encumbrance of the Development Property. Until the Final Payment Date, without the prior written consent of the City, neither the Developer nor any successor in interest to the Developer will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Development Property, or portion thereof, whether by express agreement or operation of law, or suffer any encumbrance 01 lien to be made on or attach to the Development Property except for the purpose of obtaining funds only to the extent necessary for financing or refinancing the acquisition, construction, development and operation of the Project (including, but not limited to, land and building acquisition, laboi and materials, professional fees, development fees, real estate taxes, reasonably required reserves, construction interest, organization and other direct and indirect costs of development and financing, costs of constructing the Project, and an allowance for contingencies) including without limitation regulatory agreements and land use restriction agreements in connection with such financings; provided, however, this provision shall not be considered a waiver of the requirements of Section 6.3 with respect to any Transfer of the TIF Note in connection with any such financing or refinancing nor shall anything contained in this Section prohibit the Developer from making transfers in accordance with Section 6.3. The City hereby consents to any mortgages securing the Revenue Bonds, the HOME Loan, Bridge Loan, ARP Loan, any other construction or permanent financing for the Pioject and to the succession of the mortgagee thereunder (or any assignee of the mortgagee) or any purchasers at or after foreclosure thereof, by the successful bidder at the sale, to title to the Development Property, and to any other Permitted hncumbrances set forth in Exhibit r 1; provided, however, this provision shall not be considered a waiver of the requirements of Section 6.3 with respect to any Transfer of the TIF Note in connection with any such mortgage. Notwithstanding the foregoing, the TIF Note shall be terminated by the City in the event that any mortgagee (or any assignee of the mortgagee) 01 any purchasers at or after foreclosure thereof, by the successful bidder at the sale, to the title to the Development Property, terminates the Declaration, in accordance with its teams, or does not otherwise comply with the Declaration. Section 3.13. Business Subsidy Act. The subsidy granted to the Developer pursuant to this Agieement and the TIF Note is assistance for housing and therefore the Pioject is exempt from the provisions of Minnesota Statutes, Section 116J.993 to 116J.995. No portion of the tax increment assistance shall be used to construct any commercial space. Section 3.14. Right to Collect Delinquent Taxes. The Developer acknowledges that the City is providing substantial aid and assistance in furtherance of the Project through reimbursement of Public Development Costs To that end, the Developer agrees foi itself, its successors and assigns, that in addition to the obligation pursuant to statute to pay real estate taxes, it is also obligated by reason of this Agreement, to pay before delinquency all real estate taxes assessed against the Development Property and the Project. The Developer acknowledges that this obligation creates a contractual right on behalf 15 LA135-37-690131.v9 of the City through the Termination Date to sue the Developer or its successors and assigns, to collect delinquent seal estate taxes related to the Development Property and any penalty or interest thereon and to pay over the same as a tax payment to the county auditor. In any such suit in which the City is the prevailing party, the City shall also be entitled to recover its costs, expenses and reasonable attorney fees. Section 3.15. Reduction of Taxes. (1) The Developer agrees that prior to the Termination Date it will not cause a reduction in the real property taxes paid in respect of the Development Property through: (i) willful destruction of the Development Property or any part thereof; or (ii) willful refusal to reconstruct damaged or destroyed property. The Developer also agrees that it will not, prior to the Termination Date, apply for an exemption from or a deferral of property tax on the Development Property pursuant to any law, or transfer or permit transfer of the Development Property to any entity whose ownership or operation of the property would result in the Development Property being exempt from real pioperty taxes under State law; provided, however, the Developer may apply for and obtain designation of the Development Property as low income rental property classified as "4d" under Minnesota Statutes, Section 273.13, subdivision 24 (` 4d Classification"). (2) Other than 4d Classification, the Developer shall notify the City within 10 days of filing any petition to seek reduction in market value or property taxes on any portion of the Development Property under any State law (referred to as a 'Tax Appeal"). If as of any Payment Date, any Tax Appeal is then pending, the City will continue to make payments on the TIF Note but only to the extent that the Available Tax Increment relates to property taxes paid with respect to the market value of the Development Property not being challenged as part of the Tax Appeal as determined by the City in its sole discretion and the City will withhold the Available Tax Increment related to pioperty taxes paid with respect to the market value of the Development Property being challenged as part of the Tax Appeal as determined by the City in its sole discretion. The City will apply any withheld amount to the extent not reduced as a result of the Tax Appeal promptly after the Tax Appeal is fully resolved and the amount of Available Tax Increment as applicable, attributable to the disputed tax payments is finalized. Section 3.16. Declaration Regarding Income Restrictions. The Developer agrees that the Project will be subject to the following tenant income restrictions: (1) The Developer will cause at least 11 of the Rental Housing Units in the Project to be occupied by Qualifying Tenants whose household income is 30 percent or less of the area median gross income, at least 81 of the Rental Housing Units in the Project to be occupied by Qualifying Tenants whose household income is 50 percent or less of the area median income and 22 of the Rental Housing Units in the Project to be occupied by Qualifying Tenants whose household income is 60 percent or less of the area median income, all as further described in the Declaration attached hereto as Exhibit N, Prior to any payment under the Note, the Developer will deliver the executed Declaration to the City in recordable form. 16 LA135-37-690131.v9 (2) As a condition to initial and continuing occupancy, each person who is intended to be a Qualifying Tenant will be required annually to sign and deliver to the Developer a certification in which the prospective Qualifying Tenant certifies as to his 01 her income. In addition, the person will be required to provide whatever other information, documents, or certifications are reasonably deemed necessary by the City to substantiate his or her income, on an ongoing annual basis, and to verify that the tenant continues to be a Qualifying Tenant. Certifications will be maintained on file by the Developer with respect to each Qualifying Tenant who resides in a Rental Housing Unit or resided therein during the immediately preceding calendar year. (3) The form of lease to be utilized by the Developer in renting any Rental Housing Unit to any person who is intended to be a Qualifying Tenant will provide for termination of the lease and consent by the person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by the person with respect to income. (4) Upon written request of the City, which such request shall occur no more than once in any year, the Developer shall submit evidence of tenant incomes, showing that all of the Rental Housing Units meet the income restrictions set forth in the Declaration. The City will review the submitted evidence related to the income restrictions. (5) While the covenants in this Section 4.5 are in effect, the City and its representatives will have the right at all reasonable times, and after reasonable notice, to inspect and to examine and copy all books and records of the Developer and its successors and assigns relating to the covenants described in this Section 3.16 and in the Declaration. (6) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the rental restrictions provided in this Agreement and the Declaration is to ensure compliance of the Project with the income covenants set forth herein. (7) The Developer covenants and agrees that the Developer will cause or require as a condition precedent to any conveyance, transfer, assignment, 01 any other disposition of the Project prior to the Termination Date that the transferee assume in writing, in a form acceptable to the City, all duties and obligations of the Developer under this section 3.16 and the Declaration regarding income restrictions and verification of Qualified Tenants by means of an assumption agreement acceptable to the City. The Developer will deliver an executed copy of the assumption agreement to the City prior to the transfer. ARTICLh IV ACQUISITION AND CONVEYANCE OF DEVELOPMENT PROPERTY Section 4.1. Purchase and Sale of Development Property; Purchase Price. Subject to the terms of this Agreement, the City agrees to sell to the Developer, and Developer agrees to purchase from the City, the Development Property for a purchase price in the amount of $1,360,552 (the "Purchase Price") and to pay the Purchase Price as provided in Section 4.3 hereof. Notwithstanding the foregoing, the City and Developer agree that the Purchase Price correlates to the City's outstanding indebtedness subject to the Development Property, which 17 LA135-37-690131.v9 shall be paid off with proceeds received by the City at closing and released from the Development Pioperty. The Purchase Price represents the payoff figure of the City's indebtedness as of July 8, 2022 and shall be adjusted to the extent the principal and interest of the outstanding indebtedness is less than $1,360,552 for the day of Closing. Section 4.2. As Is Conveyance. (1) In recognition of the significant economic contributions which the City has made to redevelop the Development Property, the Developer shall take the conveyance of Development Property on an "AS IS" "WHERE IS" basis, with all faults and defects, without any warranties, express or implied, except such representations and warranties as specifically set forth in this Agreement, and the Developer waives any claims against the City and its governing body; members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (for purposes of this Section, collectively the `Indemnified Parties"), for indemnifications, contribution, ieimbursement or other payments arising under federal and state law and common law relating to environmental or any other condition of Development Property. The City has no obligation to produce any evidence of title. The Developer will obtain its own title evidence and commitment from the Title Company. (2) The City previously entered into an agreement with Bauer Bros., Inc. ("Bauer") to allow salvage of the existing building on the Development Property. Bauer has salvaged certain elements from the interior of the building and has expressed inteiest in conducting salvage of certain exterior elements prior to demolition. The City has urged the Developer to consult with Bauer regarding this matter. The City reserves the right to permit Bauei to salvage exterior materials from the building before closing but will do so only after consultation and notice to the Developer. Section 4.3. Payment of Purchase Price. The Purchase Price for the Development Property shall be paid by Developer to the City as follows: $15,000 as earnest money at the time of execution of this Agreement, which shall be applied to the Purchase Price, and the balance at Closing by wire or certified funds. The Developer shall assume or pay all taxes, special assessment, and similar governmental impositions due and payable in the year of Closing and after the Closing Date and all future years. Section 4.4. Contingencies to Closing on Development Property. (1) Developer's Contingencies. The Developer's obligation to close on the purchase of the Development Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (a) The City shall have performed all of the obligations required to be peiformed by the City under this Agreement as of the Closing Date, including but not limited to, delivery of all of the City's Documents described in Section 4.5(2) hereof; 18 LA 135-37-690131.v9 (b) The Developer shall have received all necessary rezoning, variances, conditional use permits and other permits, and other approvals needed to permit the construction of the Project; (c) The Developer shall have obtained financing acceptable to the Developer for development of the Project; (d) On the Closing Date, the Title Company shall be irrevocably committed to issue to Developer an owner's policy of title insurance with respect to the Development Property in form and substance approved by Developer; (e) The City shall have approved the establishment of the TIF District as required by the TIF Act and the assistance described in Section 3.13; (f) The City shall have approved the sale of the Development Property to the Developer; and (g) The City shall have approved the assistance described in Section 3.12. (2) City's Contingencies. The City's obligation to close on the sale of the Development Property is expressly conditioned upon each of the following contingencies being satisfied or waived: (a) Developer shall have performed all of the obligations required to be performed by Developer under this Agreement as of the Closing Date; (b) Developer shall have delivered to the City all of the Developer's Documents described in Section 4.5(3); (c) The Developer shall have submitted the Construction Plans to the City for approval pursuant to Section 3.6 hereof; and (d) Developer shall have obtained financing for the acquisition of the Development Property. (3) City's and Developer's Options. In the event that any of the foregoing contingencies fail to be satisfied on or before the Closing Date, the Developer or the City, as the case may be, may: (a) terminate this Agreement; or (b) waive such failure and proceed to close; or (c) the Developer and City may mutually agree to extend the Closing Date. Section 4.5. Closing. (1) Time and Place. The Developer shall select a title company licensed to do business in Minnesota (the ` Title Company") to facilitate the sale and closing of the Development Property. Subject to the terms and conditions of this Agreement, the Closing on the purchase 19 LA135-37-690131.v9 and sale of the Development Property shall take place on the Closing Date and shall take place at such place which is mutually acceptable to the parties. The City shall deliver possession of the Development Property on the Closing Date. (2) City's Documents. At the Closing the City shall execute, where appropriate, and deliver all of the following ` City's Documents": (a) The Deed, in substantially the form as 1-1,xhibit F attached hereto, properly executed on behalf of the City conveying the Development Property to the Developer, together with any other documents reasonably required by the title company to be delivered by the City. (b) Abstracts of title, if any, in the City's possession to any portion of the Development Property which is abstract property, and any owner's duplicate certificate of title to any portion thereof which is registered property. The City has no obligation to have any abstracts updated. (c) An affidavit of City regarding liens, judgements, tax liens, bankruptcies, parties in possession, survey and mechanics or materialmen's liens and other matters affecting title to the Development Property and/oi as may be reasonably required by Title Company to delete the so-called "standard exceptions" from the title insurance policy. (d) A transferor's certification stating that the City is not a "foreign person", "foreign partnership", "foieign trust' or "foreign estate" as those terms are define din Section 1445 of the Internal Revenue Code, and containing such additional information as may be required thereunder. (e) A settlement statement consistent with this Agreement. (f) The Assessment Agreement. (g) A certificate signed by the City warranting that there are no "Wells" on the Development Property within the meaning of Minnesota Statutes, Section 103I or if there are ` Wells", a well certificate in the form required by law. (h) If the Development Property contains or contained a storage tank, an affidavit with respect thereto, as required by Minnesota Statutes, Section 116.48. (i) If the Development Property contains an individual sewage treatment system, a disclosure statement as required by Minnesota Statutes, Section 115.55. (j) Such other documents as shall be required to carry out the intent of this Agreement. (3) Purchase Price and Developer's Documents At the Closing the Developer shall deliver the remainder of the Purchase Price and shall execute, where appropriate, and deliver all of the following "Developer's Documents": 20 LA 135-37-690131.v9 (a) A sworn construction cost statement executed by the Developer and the general contractor setting forth total Construction Costs of the Project. (b) Proof of insurance required by this Agreement. (c) Any affidavits, certificates, or other documents that may be required under applicable law and/oi that are reasonably determined by the Title Company in order to record the City's documents, as applicable, and/or issue the Title Policy. (d) Funds sufficient for payment by the Developer at Closing of the recording charges or fees for all documents which are to be placed on record, the fee or charge imposed by any closing agent designated by the Title Company, and any other incidental or related closing costs. (e) The Construction Documents. (f) The Assessment Agreement. (g) Such other documents as shall be required to carry out the intent of this Agreement. Section 4.6. Closing Costs The Developer shall pay the premium for the Developer's owner's policy of title insurance (the `Title Policy"), filing and recording fees, and the costs of the Title Company to conduct and insure the Closing. The Developer shall also pay any state deed tax on the Deed on behalf of the City. Section 4.7. Title. The Developer has obtained a commitment for an owner's title insurance policy issued by the Title Company naming Developer as the proposed owner -insured of the Development Property (the "Commitment") together with copies of all documents referred to in the Commitment. The City shall agree to (i) pay-off or discharge any mortgage, judgment or hen encumbering the Development Property at or piior to the Closing Date, and (ii) pay-off, bond 01 otherwise cause to be discharged of record prior to the Closing Date, in a manner reasonably satisfactory to the Developer, any mechanic's hen against the Development Property. Section 4.8. hnvironmental Remediation. The City makes no representations concerning nor shall have any responsibility or obligation to undertake any cleanup or remediation on the Development Property. Following delivery of the Deed, the Developer agrees to remediate any environmental contamination or pollution on the Development Property that may be required by law. (1) The City has provided the Developer with the Phase I hnvironmental Site Assessment Report dated March 16, 2018 and Limited Phase II F-;nvironmental Site assessment dated Apiil 24, 2018 completed by The Javelin Group on behalf of the City. Both reports were prepared foi the City as part of the City's acquisition process in 2018. The reports are provided to the Developer as information, and the City makes no specific warranties or iepresentations regarding their contents or the accuracy or completeness of the information contained therein. The City further discloses that underground tanks existed at one time on the Development 21 LA135-37-690131.v9 Property but have since been removed. Previous environmental investigation for contaminated soil associated with leaks from the tanks failed to accurately identify the location of the leaks and therefore the test results are not conclusive. Section 4.9. Developer's Right to Inspect. The Developer is hereby granted the right to enter upon and inspect, analyze and test the Development Property for all reasonable purposes, including conducting soil tests. The Developer shall pay for the cost of all investigations of the Development Property which are ordered by Developei foi purposes of conducting its own investigations of the Development Property. Developer hereby agrees to indemnify and hold the City harmless from any claims, damages, costs and liability, including without limitation reasonable attorney's fees, resulting from entering upon the Development Property or the performing of the analysis, tests or inspections referred to in this section provided, however, the indemnity which is the subject of this section shall not cover liability to the extent it arises from, in whole or in part, the gross negligence or willful misconduct of the City or its agents, contractors, employees, representatives or invitees, or pre-existing conditions of the Development Property. Section 4.10. Defaults. (1) City's Default. If the City should default under this Agreement, then the Developer shall be entitled, at the Developer's option, to 0) declare this Agreement to be null and void, in which event the earnest money paid by the Developer shall be returned to the Developer and this Agreement shall terminate and, except as provided to the contrary herein, neither party shall have any further claims against, obligations to or rights against the other under this Agreement or in connection with the transaction contemplated by this Agreement, or (ii) enforce specific performance of the City's obligations under this Agreement; provided, however, that any such action for specific performance must be instituted within six (6) months after the scheduled Closing Date, and if such notice is not delivered to the City within such six (6) month period, then any right to seek specific performance is waived. (2) Developer's Default. If the Developer should materially default under this Agreement, the City shall provide written notice to the Developer of such default. If the Developer fails to cure such default within thirty (30) days of the date of such notice, this Agreement shall terminate, and upon such termination the City's sole remedy shall be to retain the amount of the earnest money as liquidated damages. ARTICLE V EVENTS OF DhFAULT Section 5.1. Events of Default Defined. The following shall be "Fvents of Default' under this Agreement and the term ` Event of Default' shall mean whenever it is used in this Agreement any one or more of the following events: 22 LAI35-37-690131.v9 (1) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property on and after the Closing Date, unless such tax is contested in good faith by the Developer; (2) Subject to Unavoidable Delays, failure by the Developer to commence construction of the Project by October 31, 2022, and to proceed with due diligence to substantially complete the construction of the Project pursuant to the teams, conditions and limitations of this Agreement and obtain a temporary certificate of occupancy from the City by March 31, 2024; (3) Any challenge to the Assessor's Minimum Market Value or the Assessment Agreement by the Developer prior to the Termination Date; (4) Termination of the Declaration by the Developer prior to 26 years from the date a temporary certificate of occupancy is received from the City for all Rental Housing Units on the Development Property; (5) Failure of the Developer to observe or perform any other material covenant, condition, obligation or agreement on its part to be observed 01 performed under the Declaration 01 this Agreement, including, without limitation, compliance with the requirements set forth in Section 3.3 hereof; or (6) If, prior to the Completion Date, the Developer shall (a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (b) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within 90 days after the filing thereof or a receiver, trustee or liquidator of the Developer, or of the Project, 01 part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within 90 days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Notwithstanding anything to the contrary set forth in this Agreement the lenders providing construction or permanent financing for the Project, the General Partner and any limited partner of the Developer ("Financing Parties' ) shall have the right, but not the obligation, to cure an Event of Default during the cure period provided for the Developer and the City shall also send a copy of such notice of an Event of Default at the same time and in the same manner to such Financing Parties as set forth herein. 23 LA 13 5-37-690131.v9 Section 5.2. Remedies on Default. Whenever any Fvent of Default referred to in Section 5.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of 30 days' written notice to the Developer, but only if the Event of Default has not been cured within said 30 days; provided that if such Event of Default cannot be reasonably cured within the 30 day period, and the Developer has provided assuiances reasonably satisfactory to the City that it is proceeding with due diligence to cuie such default, such 30 day cure period shall be extended foi a period deemed reasonably necessary by the City to effect the cure, but in any event not to exceed 180 days: (1) The City may suspend its performance under this Agreement and the TIF Note until it receives assuiances from the Developer, deemed reasonably adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. Interest on the TIF Note shall not accrue during the period of any suspension of payment; (2) The City may terminate this Agreement and/or cancel the TIF Note; (3) The City may refuse to Close on the sale of the Development Property; and (4) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Notwithstanding anything to the contrary set forth in this Agreement the Financing Parties shall have the right, but not the obligation, to cure an Event of Default during the cure period provided for the Developer. The City agrees to give the Developer's mortgage lender the same notice of any Event of Default provided to the Developer herein. Section 5.3. No Remedy Exclusive. Except as provided in Section 4.10(2) of this Agreement with respect to the purchase and sale of the Development Property, no remedy herein conferred upon or reserved to the City 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. Section 5.4. No Implied Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, 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. 24 LA 135-37-690131.v9 Section 5.5. Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, and its governing body's members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (for purposes of this Section, collectively the ` Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, 01 any other loss, cost expense, 01 penalty, except to the extent caused by any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever and further agrees to hold the aforesaid harmless fiom any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; including, without limitation, any pecuniary loss or penalty (including interest thereon at the rate of 5% per annum fiom the date such loss is incurred or penalty is paid by the City) as a result of the Project failing to cause the TIF District to qualify as a redevelopment district" under Section 469.174 Subdivision 10, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, subd. 4d. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. Section 5.6. Reimbursement of Attorneys' Fees. If the Developer shall default under any of the provisions of this Agreement, and the City shall employ attorneys or incur other reasonable expenses for the collection of payments due hereunder or for the enforcement of performance or observance of any obligation or agreement on the part of the Developer contained in this Agieement, the Developer will within 30 days reimburse the City for the reasonable fees of such attorneys and such other reasonable expenses so incurred. ARTICLE VI ADDITIONAL PROVISIONS Section 6.1. Restriction on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof that the Developer and such successors and assigns shall operate, or cause to be operated, the Project as an affordable senior multifamily rental housing development in accordance with this Agreement and the Declaration. After 25 LA135-37-690131.v9 termination of the Declaration, the use of the Development Project shall be governed by the Conditional Use Permit which shall be recorded in the offices of the Ramsey County Recorder and Registrar of Titles. For clarification purposes, all references herein to "senior multifamily rental housing" shall mean the occupancy of all Rental Housing Units in the Pioject to individuals who are fifty-five (55) years of age or older; provided, however, that only one occupant, and not all occupants, of a Rental Housing Unit must be fifty-five (55) years of age or older. Section 6.2. Reports. The Developer shall provide the City reports in a timely manner with such information about the Project as the City may reasonably request for purposes of satisfying any reporting requirements imposed by law on the City. Section 6.3. Limitations on Transfer and Assigmnent. (1) Except as provided in this Section 6.3, the Developer will not sell, assign, convey, lease or transfer in any other mode or manner (collectively, `Transfer") this Agreement, the TIF Note, or the Development Property or the Project, 01 any interest therein, without the express written approval of the City, which consent will not be unreasonably withheld, conditioned or delayed. The City shall, within 20 days after such a written request for approval of a Transfer, deliver a written statement to the Developer indicating whether the Transfer is approved or specifying the additional conditions to be satisfied in accordance with Section 6.3(3). The provisions of this Section 6.3 apply to all subsequent Transfers by authorized transferees; (2) The City shall be entitled to require, as conditions to any approval of any Transfer of this Agreement, the Development Property, the Project, or applicable portion thereof, that: (a) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Developer; (b) Any proposed transferee, by instrument in writing satisfactory to the City shall, for itself and its successors and assigns, and expressly for the benefit of the City have expressly assumed any of the remaining obligations of the Developer under this Agreement and agreed to be subject to all the conditions and restrictions to which the Developer is subject; (c) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer, and if approved by City, its approval shall be indicated to the Developer in writing; (d) Any proposed transferee of the TIF Note shall (i) execute and deliver to the City an Investment Letter in a form satisfactory to the City and (ii) surrender the TIF Note to the City either in exchange for a new fully registered note or for transfer of the TIF Note on the registration records for the TIF Note maintained by the City; 26 LA135-37-690131.v9 (e) The Developer and its transferees shall comply with such other conditions as are necessary in order to achieve and safeguard the purposes of the Act, the TIF Act and this Agreement; and (f) In the absence of a specific written agreement by the City to the contrary, no such tiansfer or approval by the City thereof shall be deemed to relieve the Developer or any other party bound in any way by this Agreement or otherwise with respect to the construction of the Project, from any of its obligations with respect thereto. (3) The Developer agrees to pay all reasonable legal fees and expenses of the City to review the documents submitted to the City in connection with any Transfer. (4) Nothing contained in this Section shall prohibit the Developer from (i) entering into leases with tenants in the ordinary course of business, (ii) entering into easements or other agreements necessary for the construction or operation of the Project, (iii) admitting or removing limited partners or transferring limited partner interests in the Developer, or interests in the general partner of the Developer or admitting or removing partners in accordance with the applicable organizational documents, (iv) removing the general partner of the Developer for cause at the direction of its limited partner(s) (whether one or more, the "Tax Credit Investor') in accordance with the Developer's partnership agreement and/or in accordance with the Developer's financing documents in connection with the Revenue Bonds, the HOME Loan, Bridge Loan and ARP Loan, respectively and (v) collaterally assigning its interest in this Agreement and/or the TIF Note to any of the Developer's Financing Parties for the acquisition, construction, development, operation or management of the Project. Section 6.4. Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property 01 the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 6.5. Titles of Articles and Sections. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.6. Notes and Demands Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall 27 LA135-37-690131.v9 be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or deliver ed personally, and (1) in the case of the Developer is addressed to or delivered personally to: Lauderdale AH I, LLLP 579 Selby Avenue St. Paul, Minnesota 55102 Attn: William Bisanz And with a copy to: Winthrop & Weinstine, P.A. 225 South 6t" Street, Suite 3500 Minneapolis, Minnesota 55402 Attention: Jeffrey Drennan And with a copy to: Stratford Lauderdale Investor Limited Partnership c/o Stratford Capital Group LLC 100 Corporate Place, Suite 404 Peabody, Massachusetts 01960 Attn: Asset Management And with a copy to: DLA Pipei LLP (US) 444 W Lake Street, Suite 900 Chicago, Illinois 60606 Attn: Gregory R.A. Dahlgren (2) in the case of the City is addressed to or delivered personally to: City of Lauderdale Attn: Heather Butkowski, City Administrator 1891 Walnut Street Lauderdale, MN 55113 And with a copy to: Kennedy & Graven, Chartered 150 South Fifth Street Suite 700 Minneapolis, MN 55402 Attn: Ronald 14. Batty Or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 28 LA 135-37-690131.v9 Section 6.7. No Additional Waiver Implied by One Waiver. If any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, 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. Section 6.8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 6.9. Law Governing. This Agreement will be governed and construed in accordance with the laws of Minnesota. Section 6.10. Term; Termination. Except as provided in the Declaration, and unless this Agreement is terminated earlier in accordance with its terms, this Agreement shall terminate on the Final Payment Date Early termination upon a written request from the Developei shall be in the City's sole discretion and upon a determination that such termination will not limit or interfere with the City's ability to pool Tax Increments generated by the TIF District for affordable housing in accordance with the TIF Act. After the Termination Date, if requested by the Developer, the City will provide a termination certificate as to the Developer's obligations hereunder. Section 6.11. Provisions Surviving Rescission, Expiration or Termination. Sections 5.5 and 5.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date theieof. Section 6.12. Superseding Effect. Except with regard to the City Approvals, this Agreement reflects the entire agreement of the parties with respect to the development of the Development Property, and supersedes in all respects all prioi agreements of the parties, whether written or otherwise, with respect to the development of the Development Property. Section 6.13. Relationship of Parties. Nothing in this Agreement is intended or shall be construed, to create a partnership or joint venture between the parties hereto, and the rights and remedies of the paities hereto shall be strictly as set forth in this Agreement. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City. 29 LA135-37-690131.v9 Section 6.14. Venue. All matters, whether sounding in tort or in contract, relating to the validity, construction, performance, or enforcement of this Agreement shall be controlled by and determined in accordance with the laws of the State of Minnesota, and the Developer agrees that all legal actions initiated by the Developer or City with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Ramsey County, District Court and shall not be removed therefrom to any other federal or state court. Section 6.15. Termination of Agreement. Except as otherwise provided foi in Section 4.10 hereof, if the Developei does not close on the acquisition of the Development Property by the Closing Date, then this Agreement shall become null and void and neither party shall have any further claims against, obligations to or rights against the other under this Agreement or in connection with the transaction contemplated by this Agreement. * * * * * * * * 30 LA135-37-690131.v9 STATE OF MINNESOTA COUNTY OF THE CITY OF LAUDERDALE RDALE By: Mary Gaasch, Mayor By: Heather Butkowski, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2022, by Mary Gaasch and Heather Butkowski, the mayoi and city administrator -clerk, respectively, of the city of Lauderdale, a Minnesota municipal corporation, on behalf of the municipal corporation. 31 LA135-37-690131.v9 Notary Public LAUDERDALh, AH I, LLLP, a Minnesota limited liability limited partnership By: Lauderdale AH I, LLC, a Minnesota limited liability company Its: General Partner By: William R. Bisanz Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2022, by William R. Bisanz, the President of Lauderdale AH I, LLC, a Minnesota limited liability company, as the General Partner of Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. 32 LA 13 5-37-690131.v9 Notary Public EXHIBIT A Legal Description of Property Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's East Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's E ast Side Addition. Ramsey County, Minnesota Torrens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the Noith line of Lot 1, all in Block 10, Lauderdale's East Side Addition. Ramsey County, Minnesota Abstract Property A-1 LA135-37-690131.v9 hXHIBIT B • Cost of acquisition of the Development Property; • Cost of site improvements and preparation of the Development Property; • Cost for environmental remediation; • Utility costs to serve the Development Property; • Cost for preparation and construction of public sidewalks; • Insurance and payment or performance bond premiums, professional fees, including architectural and engineering fees and expenses; and • Such other costs as ale incurred by the Developer and reasonably determined by the City to constitute Public Development Costs under the TIF Act. B-1 LA135-37-690131.v9 EXHIBIT C FORM OF TAXABLE TIF NOTE UNITED STATE OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF LAUD Fh,RDAL E No. R-1 $810,000 TAXABLE TAX INCREMENT REVENUFi, NOTii SERIES 2022A Rate Date of Original Issue [Lesser of 3.9% or Developer's rate of first lien financing] The city of Lauderdale, Minnesota (the "City"), for value received, certifies that it is indebted and hereby promises to pay to Lauderdale AH I, LLLP, or registered assigns (the "Owner '), the principal sum of $810,000 and to pay interest thereon at [the lesser of 3.9% or the Developer's rate of first lien financing] per annum, as and to the extent set forth herein. 1. Payments. Principal and interest ("Payments") are estimated to be paid on August 1, 2024, and each February 1 and August 1 thereafter to and including February 1, 2039 ("Payment Dates"), in the amounts and from the sources set forth in Section 3 herein. Payments will be applied first to accrued interest, and then to unpaid principal. Payments are payable by mail to the address of the Owner 01 any other address as the Owner may designate upon 30 days written notice to the City. Payments on this Note are payable in any coin or currency of the United States of America which, on the Payment Date, is legal tender for the payment of public and private debts. 2. Interest. Interest at the rate stated herein will accrue on the unpaid principal, commencing on the date of original issue Interest will be computed on the basis of a year of 360 days and charged for actual days principal is unpaid. 3. Available Tax Increment. Payments on this Note are payable on each Payment Date in the amount of and solely payable from "Available Tax Inclement," which will mean, on each Payment Date 75 percent of the Tax Increment attributable to the Development Property and paid to the City by Ramsey County in the six months preceding the Payment Date, all as the terms are defined in the Purchase and Development Agreement between the City and Ownei dated as of , 2022 (the "Agreement"). Available Tax Increment will not include any Tax Increment if, as of any Payment Date, there is an uncured Event of Default by the Owner under the Agreement. C-1 LA135-37-690131.v9 The City will have no obligation to pay principal of and interest on this Note on each Payment Date from any source other than Available Tax Inclement, and the failuie of the City to pay the entire amount of principal or interest on this Note on any Payment Date will not constitute a default hereunder as long as the City pays principal and interest hereon to the extent of Available Tax Increment. The City will have no obligation to pay unpaid balance of principal or accrued interest that may remain after the final Payment on February 1, 2039. 4. Optional Prepayment The principal sum and all accrued interest payable under this Note is prepayable in whole or in part at any time by the City without premium or penalty. No partial piepayment will affect the amount or timing of any other regular payment otherwise required to be made under this Note. 5. Termination. At the City's option this Note will terminate and the City's obligation to make any future payments under this Note will be discharged upon the occurrence of an Event of Default on the part of the Developer as defined in Section 5.1 of the Agreement, but only if the }i vent of Default has not been cured in accordance with Section 5.2 of the Agreement. 6 Nature of Obligation. This Note is a single note in the total principal amount of $810,000 issued to aid in financing certain Public Development Costs of a Project undertaken within the Project Area by the City pursuant to Minnesota Statutes, Section 469.124 through 469.134, as amended, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.174 through 469.179, as amended. This Note is a limited obligation of the City which is payable solely from Available Tax Increment pledged to the payment hereof. This Note and the interest hereon will not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation the City. Neither the State of Minnesota, nor any political subdivision thereof will be obligated to pay the principal of 01 interest on this Note or other costs incident hereto except out of Available Tax Increment and neither the full faith and credit nor the taxing power of the State of Minnesota 01 any political subdivision thereof is pledged to the payment of the principal of or interest on this Note or other costs incident hereto. 7. Adjustment of Principal. The principal amount of this Note may be adjusted or the Owner thereof may be required to exchange this Note for a new Note in an adjusted principal amount in accordance with section 3.2 of the Agreement 8. Estimated Tax Increment Payments. Any estimates of Tax Increment prepared by the City or its financial advisors in connection with the TIF District or the Agreement are for the benefit of the City, and are not intended as representations on which the Owner may rely. THE, CITY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABLE TAX INCREMENT WILL BE SUFFICIENT TO PAY THh PRINCIPAL OF AND INTEREST ON THIS NOTE 9. Registration and Transfer This Note is issuable only as a fully registered note without coupons. This Note is transferable upon the books of the City kept for that purpose at the principal office of the City Administrator as Registrar, by the Owner hereof in person or by the Owner's attorney duly authorized in writing, upon surrender of this Note together with a written C-2 LA135-37-690131.v9 instrument of transfer satisfactory to the City, duly executed by the Owner. Upon the transfer or exchange and the payment by the Ownei of any tax, fee, 01 governmental charge required to be paid by the City with respect to the transfei or exchange, there will be issued in the name of the transferee a new Note of the same aggregate principal amount, bearing interest at the same rate and maturing on the same dates. This Note will not be transferred to any person other than an affiliate, or other related entity, of the Owner unless the City has been provided with an investment letter in a form substantially similar to the investment letter submitted by the Ownei or a certificate of the transferor, in a form satisfactory to the City, that the transfei is exempt from registration and prospectus delivery requirements of federal and applicable state securities laws. Notwithstanding the foregoing, Ownei may grant, pledge and assign to its lender, to secure full payment and performance of its obligations under the loan, all of Owner's right, title and interest in and to this Note. 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 exist, to happen, and to be performed in order to make this Note a valid and binding limited obligation of the City according to its terms, have been done, do exist, have happened, and have been performed in due form, time and manner as so required. fN WITNESS WHEREOF the city council of the city of Lauderdale Minnesota, has caused this Note to be executed with the manual signatures of its Mayor and City Administrator, all as of the Date of Original Issue specified above. CITY OF LAUDERDALE Mayor City Administrator REGISTRATION PROVISIONS The ownership of the unpaid balance of the within Note is registered in the bond register of the City Administrator as Registrar of the city of Lauderdale, in the name of the person last listed below. C-3 LA 135-37-690131.v9 Date of Registration , 202 LA135-37-690131.v9 Registered Owner Lauderdale AH I, LLLP 579 Selby Avenue St. Paul, MN 55102 Federal Tax ID # C-4 Signature of Lauderdale City Administrator as Registrar EXHIBIT D FORM OF CFRTIFICATb OF COMPLI-TION OF PROJECT WHFHREAS, the city of Lauderdale, a municipal corporation under the laws of Minnesota (the "City ), and Lauderdale AH I, LLLP, a limited liability limited partnership under the laws of the state of Minnesota (the `Developer"), have entered into a certain Purchase and Development Agreement (the "Agreement') dated the day of , 2022, and recorded in the office of the County Recorder in Ramsey County, Minnesota, as Document No. and in the office of the Registrar of Titles in Ramsey County, Minnesota as Document No. which Agreement contained certain covenants and restrictions regarding completion of the Project, as defined in the Agreement; and WHEREAS, the Developer has performed said covenants and conditions in a manner deemed sufficient by the City to permit the execution and recording of this certification. NOW, THEREFORE this is to certify that all construction of the Project specified to be done and made by the Developer has been completed and the covenants and conditions in the Agreement have been performed by the Developer, and the County Recorder and Registrar of Titles in Ramsey County, Minnesota, are hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions relating to completion of the Project and the expiration of certain obligations contained in the Agreement to the extent expressly provided for therein. Unless otherwise expressly provided in the Agreement, the Developer shall be deemed to have satisfied its obligations under the Agreement. Dated: CITY OF LAUDERDALE STATE OF MIND ESOTA COUNTY OF ) ss. By By , Mayor City Administrator -Clerk The foregoing instrument as acknowledged before me this day of , 202 by and , the Mayor and City Administrator, respectively, of the of the city of Lauderdale, a municipal corporation under the laws of Minnesota, on behalf of the City. Notary Public D-1 LA 135-37-690131.v9 EXHIBIT E FORM OF DECLARATION OF RESTRICTIVE COVENANTS THIS DbCLARATION OF RESTRICTIVE COVENANTS, dated this day of , 202_ (the "Declaration"), by Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership (the "Developer"), is given for the benefit of the city of Laudeidale, a municipal corporation under the laws of Minnesota (the "City"). RECITALS WHEREAS, the City and the Developer entered into that certain Purchase and Development, dated , 2022, (the "Agreement"); and WHEREAS, pursuant to the Agreement, the Developer is obligated to cause construction of a 114 -unit affordable senior multifamily rental housing project (the ` Project") to be located on the pioperty described in Exhibit A attached hereto (the "Development Property '), and to cause compliance with certain affordability covenants described in Section 3.16 of the Agreement; and WHEREAS, Section 3.16 of the Agreement requires that the Developer cause to be executed an instrument in recordable form substantially reflecting the covenants set forth in that section of the Agreement; and WHEREAS, the Developer intends, declares, and covenants that the restrictive covenants set forth herein will be and are covenants running with the Development Property for the term described herein and binding upon all subsequent owners of the Development Property foi the term described herein, and are not merely personal covenants of the Developer; and WIIEREAS, capitalized terms in this Declaration have the meaning provided in the Agreement unless otherwise defined herein. NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, and of other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Developer agrees as follows: 1. Term of Restrictions. (a) Occupancy and Rental Restrictions. The term of the Occupancy Restrictions set forth in Section 3 of this Declaration will commence on the date a temporary certificate of occupancy is received from the City for all Rental Housing Units on the Development Property and continue through the Declaration Termination Date defined below (the "Qualified Project Period"). F-1 LA 135-37-690131.v9 (b) Termination of Declaration. This Declaration shall terminate 26 years from the date a temporary certificate of occupancy is received by the Developer for all Rental Housing Units on the Development Property. In addition, in the event of foreclosure or transfer of title by deed in lieu of foreclosure, upon completion of the foreclosure and expiration of the applicable mortgagee redemption period, or recording of a deed in lieu of foreclosure, any mortgagee (or any assignee of the mortgagee) or any purchasers at or after foreclosure thereof, by the successful bidder at the sale, to the title to the Development Property, may terminate this Declaration, by providing written notice to the City and by filing a termination document in the applicable real property records in Ramsey County, and thereafter this Declaration shall be of no further force and effect; provided, however, that the preceding provisions of this sentence shall cease to apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of this Declaration as the result of the foreclosure, or the delivery of a deed in lieu of foreclosure, or a similar event, the Developer or any related person (within the meaning of Section 1.103-10(e) of the Treasury Regulations) obtains an ownership interest in the Project for federal income tax purposes. 1 4 ach of the events set forth in the first two paragraphs of this Section 1(b) are referred to individually and collectively herein as the ` Declaration Termination Date." The City will terminate the Note if this Declaration is terminated prior to full payment of the Note. (c) Removal from Real Estate Records. After the Declaration Termination Date of this Declaration, the City will upon request by the Developer or its assigns, file any document appropriate to remove this Declaration from the real estate records of Ramsey County, Minnesota. 2. Project Restrictions. (a) The Developer represents, warrants, and covenants that: (i) All leases of Rental Housing Units to Qualifying Tenants (as defined in Section 3(a) hereof) will contain clauses, among others, wherein each individual lessee: (1) Certifies the accuracy of the statements made in its application and Eligibility Certification (as defined in Section 3(b) hereof); and (2) Agrees that the family income at the time the lease is executed will be deemed a substantial and material obligation of the lessee's tenancy; that the lessee will comply promptly with all requests for income and other information relevant to determining low or moderate income status from the Developer or the City, and that the lessee s failure or refusal to comply with a request for information with respect thereto will be deemed a violation of a substantial obligation of the lessee's tenancy. (ii) The gross rent for all Rental Housing Units for Qualifying Tenants shall not exceed 30 percent of the imputed income limitation applicable to such unit. H-2 LAI35-37-690131.v9 (b) The Developer will permit any duly authorized representative of the City to inspect the books and records of the Developer pertaining to the income of Qualifying Tenants residing in the Project. 3. Occupancy Restrictions. The Developer represents, warrants, and covenants that: (a) Qualifying Tenants. Throughout the Qualified Project Period all of the Rental Housing Units shall be administered in accordance with 42 USC Section 3607(b) and Minnesota Statutes, Section 363A.21, subdivision 2 and shall be occupied (or treated as occupied as provided herein) or held vacant and available for occupancy by Qualifying Tenants. "Qualifying Tenants' means for 11 of the Rental Housing Units those persons and families who aie determined from time to time by the Developei to have combined adjusted income that does not exceed 30 percent of the median income, for 81 of the Rental Housing Units those persons and families who are determined from time to time by the Developer to have combined adjusted income that does not exceed 50 percent of median income or for 22 of the Rental Housing Units those persons and families who are determined from time to time by the Developer to have combined adjusted income that does not exceed 60 percent of median income foi the standard metropolitan statistical area which includes Lauderdale, Minnesota, as that figure is determined and announced from time to time by HUD, as adjusted foi family size (the "Median Income") for the applicable calendar year. For purposes of this definition, the occupants of a Rental Housing Unit will not be deemed to be Qualifying Tenants if all the occupants of such Rental Housing Unit at any time are `students," as defined in Section 152(0(2) of the Internal Revenue Code of 1986 as amended (the `Code"), not entitled to an exemption under the Code. The determination of whether an individual or family is of qualifying income will be made at the time the tenancy commences and on an ongoing basis thereafter, determined at least annually If during their tenancy a Qualifying Tenant's income exceeds 140% of the applicable level of Median Income, the next available Rental Housing Unit (determined in accordance with the Code and applicable regulations) (the "Next Available Unit Rule") must be leased to a Qualifying Tenant or held vacant and available for occupancy by a Qualifying Tenant. If the Next Available Unit Rule is violated, the Rental Housing Unit will not continue to be treated as a Qualifying Unit. For clarification purposes, references herein to "senior multifamily rental housing" shall mean the occupancy of Rental Housing Units in the Project to individuals who aie fifty-five (55) years of age 01 older; provided, however, that only one occupant, and not all occupants, of a Rental Housing Unit must be fifty-five (55) years of age or older. (b) Certification of Tenant H ligibility. As a condition to initial and continuing occupancy, each person who is intended to be a Qualifying Tenant will be required annually to sign and deliver to the Developer a Certification of Tenant Eligibility substantially in the form attached as Exhibit B hereto, or in any other form as may be approved by the City (the "Eligibility Certification"), in which the prospective Qualifying Tenant certifies as to having a qualifying low or moderate income. The Qualifying Tenant will be required to provide whatever other information, documents, or certifications are deemed necessary by the City to substantiate the Eligibility Certification on an ongoing annual basis, and to verify that the tenant continues to be a Qualifying Tenant within the meaning of Section 3(a) hereof Eligibility Ceitifications will be maintained for the duration of the Qualified Project Peiiod on file by the Developer with respect E-3 LA135-37-690131.v9 to each Qualifying Tenant who resides in a Rental Housing Unit or resided therein during the Qualified Project Period. (c) Lease. The form of lease to be utilized by the Developer in renting any Rental Housing Units in the Project will provide for termination of the lease and consent by the person to immediate eviction for failure to qualify as a Qualifying Tenant as a result of any material misrepresentation made by the person with respect to the Eligibility Certification. The Developer covenants and agrees that during the Qualified Project Peiiod it will not increase the rent charged to any tenant of a Rental Housing Unit within the Project during such tenant's lease term and, at any rate, will not increase the rent charged to any tenant more than once in any 6 -month period. (d) Annual Report. The Developer covenants and agrees that during the term of this Declaration, it will prepare and submit to the City on or before July 1 of each year, a certificate substantially in the form of Exhibit C attached hereto, executed by the Developer, (a) identifying the tenancies and the dates of occupancy (or vacancy) for all Qualifying Tenants in the Project, including the number and percentage of the Rental Housing Units of the Project which were occupied by Qualifying Tenants (or held vacant and available for occupancy by Qualifying Tenants) at all times during the year preceding the date of the certificate; (b) describing all transfers or other changes in ownership of the Project 01 any interest therein; and (c) stating, that to the best knowledge of the person executing the certificate after due inquiry, all the Rental Housing Units were rented or available for rental on a continuous basis during the yeas to members of the general public and that the Developer was not otherwise in default under this Declaration during the year. (e) Notice of Non -Compliance. The Developer will immediately notify the City if at any time during the term of this Declaration fewer than the percentages set forth in Section 3(a) above are occupied or available for occupancy as required by the terms of this Declaration. 4. Transfer Restrictions. The Developer covenants and agrees that the Developer will cause 01 require as a condition precedent to any conveyance, transfer, assignment, or any other disposition of the Project piior to the termination of the Occupancy Restrictions provided herein (the "Transfer') that the transferee of the Project pursuant to the Transfer assume in writing, in a form acceptable to the City, all duties and obligations of the Developer under this Declaration, including this Section 4, in the event of a subsequent Transfer by the transferee piior to expiration of the Rental Restrictions and Occupancy Restrictions provided herein (the ` Assumption Agreement"). The Developer will deliver the Assumption Agreement to the City prior to the Transfer. 5. Enforcement. (a) The Developer will permit, during normal business hours and upon reasonable notice, any duly authorized representative of the City to inspect any books and records of the Developer regarding the Project with respect to the incomes of Qualifying Tenants. (b) The Developer will submit any other information, documents or certifications requested by the City which the City deems reasonably necessary to substantiate the Developer's continuing compliance with the provisions specified in this Declaration. h-4 LA135-37-690131.v9 (c) The Developer acknowledges that the primary purpose for requiring compliance by the Developer with the restrictions piovided in this Declaration is to ensure compliance of the property with the housing affordability covenants set forth in Section 3.16 of the Agreement, and by reason thereof, the Developer, in consideration for assistance provided by the City under the Agreement that makes possible the construction of the Pioject (as defined in the Agreement) on the Development Pioperty, hereby agrees and consents that the City will be entitled, for any breach of the provisions of this Declaration, and in addition to all other remedies piovided by law or in equity, to enforce specific performance by the Developer of its obligations under this Declaration in a state court of competent jurisdiction. The Developer hereby further specifically acknowledges that the City cannot be adequately compensated by monetary damages in the event of any default hereunder. (d) The Developer understands and acknowledges that, in addition to any remedy set forth herem for failure to comply with the restrictions set forth in this Declaration, the City may exercise any remedy available to it under Article V of the Agieement. 6. Indemnification The Developer hereby indemnifies, and agrees to defend and hold harmless, the City from and against all liabilities, losses, damages, costs, expenses (including attorneys' fees and expenses), causes of action, suits, allegations, claims, demands, and judgments of any nature arising from the consequences of a legal or administrative proceeding or action brought against them, or any of them, on account of any failure by the Developer to comply with the terms of this Declaration, of on account of any representation or warranty of the Developer contained herein being untrue. 7. Agent of the City. The City will have the right to appoint an agent to carry out any of its duties and obligations hereunder, and will inform the Developer of any agency appointment by written notice. 8. Severability. The invalidity of any clause, part or provision of this Declaration will not affect the validity of the remaining portions thereof. 9. Notices. All notices to be given pursuant to this Declaration must be in writing and will be deemed given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the addresses set forth below, or to any other place as a party may from time to time designate in writing. The Developer and the City may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates, or other communications are sent. The initial addresses for notices and other communications are as follows: (1) in the case of the Developer is addressed to or delivered personally to: Lauderdale AH I, LLLP 579 Selby Avenue St. Paul, Minnesota 55102 Attn: William Bisanz 1-4,-5 LA135-37-690I31.v9 And with a copy to: Winthrop & Weinstine, P.A. 225 South 6" Street, Suite 3500 Minneapolis, Minnesota 55402 Attention: Jeffrey Drennan (2) in the case of the City is addressed to or delivered personally to: City of Lauderdale Attn: Heather Butkowski, City Administrator 1891 Walnut Stieet Lauderdale, MN 55113 And with a copy to: Kennedy & Graven, Chartered 150 South Fifth Street Suite 700 Minneapolis, MN 55402 Attn: Ronald H. Batty 10. Governing Law. This Declaration is governed by the laws of the State of Minnesota and, where applicable, the laws of the United States of America. 11. Attorneys' Fees. In case any action at law or in equity, including an action for declaratory relief, is brought against the Developer to enforce the provisions of this Declaration, the Developer agrees to pay the reasonable attorneys' fees and other reasonable expenses paid or incurred by the City in connection with the action. 12. Declaration Binding. This Declaration and the covenants contained herein will run with the Development Property and will bind the Developer and its successois and assigns and all subsequent owners of the Development Property or any interest therein, and the benefits will inure to the City and its successois and assigns until the Declaration Teimination Date of this Declaration as provided in Section 1(b) hereof. l-6 L,A135-37-690131.v9 IN WITNESS WH1-4REOF, the Developer has caused this Declaration of Restrictive Covenants to be signed by its respective duly authorized representatives, as of the day and year first written above. STATE OF MINNESOTA COUNTY OF ) ss. LAUDERDALR AH I, LLLP, a Minnesota limited liability limited partnership By: Lauderdale AH I, LLC, a Minnesota limited liability company Its: General Partner By: William R. Bisanz Its: President The foregoing instrument was acknowledged before me this day of 2022, by William R. Bisanz, the President of Lauderdale AH I, LLC, a Minnesota limited liability company, as the General Partnei of Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered (RHB) 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 LA 135-37-690131.v9 Notary Public This Declaration is acknowledged and consented to by: STATE OF MINNESOTA COUNTY OF ) ) ss. THF, CITY OF LAUDFI,RDALE By: Mary Gaasch, Mayor By: Heather Butkowski, City Administrator -Clerk The foregoing instrument was acknowledged before me this day of , 2022, by Mary Gaasch and Heather Butkowski, the mayoi and city administrator -clerk, respectively, of the city of Lauderdale, a Minnesota municipal corporation, on behalf of the municipal corporation. LA135-37-690131.v9 Notary Public Exhibit A to Declaration of Restrictive Covenants Description The land subject to the foregoing Restrictive Covenants is legally described as follows: Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's East Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's East Side Addition. Ramsey County, Minnesota Torrens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the Noith line of Lot 1, all in Block 10, Lauderdale's Fast Side Addition. Ramsey County, Minnesota Abstract Property E -A-1 LA135-37-690131.v9 Exhibit B to Declaration of Restrictive Covenants Certification of Tenant Eligibility TENANT INCOME CERTIFICATION El Initial Certification E Recertification n Other Effective Date: Move -in Date: (MM/DD/YY): PART I. DEVELOPMENT DATA Property Name. Address: Apartments 1795 Eustis Street, Lauderdale, Minnesota County: Ramsey Unit Number: BIN #: # Bedrooms: PART II. HOUSEHOLD COMPOSITION HH Br # Last Name First Name & Middle Initial Relationship to Head of Household Date of Birth (MM/DD/YY) F/T Student (Y or N) Social Security or Alien Reg. No. 1 HEAD 2 3 TOTAL $ $ 4 $ Add totals from (A) through (D) above TOTAL INCOMF (E): $ 5 6 PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS) HH Br # (A) Employment or Wages (B) Soc. Security / Pensions (C) Public Assistance (D) Other Income TOTAL $ $ $ $ Add totals from (A) through (D) above TOTAL INCOMF (E): $ h -B-1 LA135-37-690131.v9 PART IV. INCOME FROM ASSETS HH Mbr# (F) Type of Asset (G) C/I (H) Cash Value of Asset (I) Annual Income from Asset TOTALS: $ $ Fnter Column if over $5,000 Fnter the (H) Total Passbook $ x 2.00 % Rate _ (J) Imputed Income TOTAL INCOME FROM ASSETS (K) $ greater of the total column I, or J: imputed income $ (L) Total Annual Household Income from all sources [Add (E) + (K)] $ HOUSEHOLD CERTIFICATION & SIGNATURES The information on this form will be used to determine maximum income eligibility. I/we have provided foi each person(s) set forth in Pait II acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving out of the unit 01 any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full-time student. Under penalties of per jury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete information may result in the termination of the lease agreement. Signature Signature (Date) (Date) Signature Signature (Date) (Date) PART V. DETERMINATION OF INCOME ELIGIBILITY TOTAL ANNUAL HOUSEHOLD INCOME FROM ALL SOURCES From Item (L) on page 1 Current Income Limit per Family Size: $ Household Income at Move -in Household Meets Income Restriction at: 60% • 50% ❑ 40% ❑ 30% $ ■ RECERTIFICATION ONLY: Current Income Limit x 140% Household income exceeds 140% at recertification: n Yes n No Household Size at Move -in: E -B-2 LA135-37-690131.v9 PART VI. RENT Not Applicable PART VII. STUDENT STATUS ARE ALL OCCUPANTS FULL-TIME If yes, enter student explanation** STUDENTS? yes LJ no (also attach documentation) Enter 1-4 Student explanation: 1. TANF assistance 2. Job naming program 3. Single parent/dependent child 4. Man ied/Joint return* h int x 1 fir r i s .lif - x mo iin PART VIII. PROGRAM TYPE Mark the program(s) listed below (a. through e.) for which this household's unit will be counted toward the property's occupancy requirements. Under each program marked, indicate the household's income status as established by this certification/recertification a. Tax Credit • b. HOME In c. Tax Exempt ❑ d. AHDP ❑ e. See Part V above. ** Income Status Income Status Income Status ❑ < 50% AMGI ❑ 50% AMGI ❑ < 50% AMGI ❑ < 60% AMGI ❑ 60% AMGI ❑ < 80% AMGI ❑ < 80% AMGI ❑ 80% AMGI ❑ < OI ** ❑ < OI ** ■ ()I** • (Name of Program) Income Status ❑ < OI ** Upon recertification, household was determined over income (OI) according to eligibility requirements of the program(s) marked above. SIGNATURE OF OWNER / REPRESENTATIVE Based on the representations herein and upon the proofs and documentation required to be submitted, the individual(s) named in Part II of this Tenant Income Certification is/ai e eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the Regulatory Agreement (if applicable), to live in a unit in this Project. SIGNATURE OF OWNER / REPRESENTATIVE DATE LA135-37-690131.v9 INSTRUCTIONS FOR COMPLETING TENANT INCOME CERTIFICATION This form is to be completed by the owner or an authorized representative. Part I — Development Data Check the appropriate box for Initial Certification (move -in), Recertification (annual recertification), or Other. If Other, designate the purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state -required recertification). Move -in Date Effective Date Property Name County BIN # Enter the date the tenant has or will take occupancy of the unit. F,nter the effective date of the certification. For move -in, this should be the move -in date. For annual recertification, this effective date should be no later than one year from the effective date of the previous (ie)certification. Enter the name of the development. Enter the county (or equivalent) in which the building is located. Enter the Building Identification Number (BIN) assigned to the building (from IRS Foim 8609). Address Enter the street address. Unit Number Enter the unit number. # Bedrooms Enter the number of bedrooms in the unit. Part II — Household Composition List all occupants of the unit. State each household member's relationship to the head of the household by using one of the following coded definitions: H A C L Head of household Adult co -tenant Child Live-in caretaker S Spouse 0 Other family member F Foster child N None of the above Enter the date of birth, student status, and Social Security number or alien registration number for each occupant. If there are more than seven occupants, use an additional sheet of paper to list the remaining household members and attach it to the certification. LAI35-37-690131.v9 Part III — Annual Income See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable foims of verification. From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the 12 months from the effective date of the (re)certification. Complete a separate line for each income -earning member List the respective household member number from Part II. Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from employment; distributed profits and/or net income from a business. Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military retirement, etc. Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance, disability, etc.) Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income regularly received by the household Row (E) Add the totals from columns (A) through (D) above. Enter this amount. Part IV — Income from Assets See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms of verification. From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the 12 months from the effective date of the certification List the respective household member number from Part II and complete a separate line for each member. Column (F) Column (G) Column (H) Column (I) LA 13 5-37-690131.v9 List the type of asset (i.e., checking account, savings account, etc.) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family has disposed of the asset for less than fair market value within two years of the effective date of (re)certification). Enter the cash value of the respective asset. }inter the anticipated annual income from the asset (i.e., savings account balance multiplied by the annual interest rate). E -B-5 TOTALS Add the total of Column (H) and Column (I), respectively. If the total in Column (H) is greater than $5 000, you must do an imputed calculation of asset income. linter the Total Cash Value, multiply by 2% and enter the amount in (J), Imputed Income. Row (K) Enter the Greater of the total in Column (I) or (J) Row (L) Total Annual Household Income from All Sources Add (E) and (K) and enter the total E -B-6 LA135-37-690131.v9 Date: Exhibit C to Declaration of Restrictive Covenants Certificate of Continuing Program Compliance The following information with respect to the Project located at 1795 Fustis Street, Lauderdale , Minnesota (the "Project"), is being provided by Lauderdale AH I, LLLP (the "Owner") to the city of Lauderdale, Minnesota (the `City"), pursuant to that certain Declaration of Restrictive Covenants, dated the day of , 202_ (the "Declaration"), with respect to the Proj ect: (A) The total number of Rental Housing Units which are available for occupancy is 114. The total number of these units occupied is (B) The following Rental Housing Units (identified by unit number) are currently occupied by "Qualifying Tenants" as the term is defined in the Declaration: One bedroom Two bedroom (C) The following Rental Housing Units which are included in (B) above, have been re -designated as Rental Housing Units for Qualifying Tenants since 20 , the date on which the last "Certificate of Continuing Program Compliance" was filed with the City by the Owner: Unit Number LA 13 5-37-690131. v9 Previous Designation of Unit (if any) E -C-1 Replacing Unit Number (D) The following Rental Housing Units are considered to be occupied by `Qualifying Tenants", as the term is defined in the Declaration based on the information set forth below: [expand to cover 114 units for Qualifying Tenants] (E) The Ownei has obtained a "Certification of Tenant Eligibility," in the form provided as Exhibit B to the Declaration, from each Tenant named in (D) above, and each such Ceitificate is being maintained by the Owner in its records with respect to the Pioject. Attached hereto is the most recent "Certification of Tenant Eligibility' for each Tenant named in (D) above who signed such a Certification since , 20 , the date on E -C-2 LAI 35-37-690131.v9 Unit Number Last Name of Tenant Number of Persons Residing in the Unit Number of Bedrooms Total Adjusted Gross Income Date of Initial Occupancy Age Date Vacated and Held for Qualifying Tenants, if Applicable 1 2 3 4 5 6 7 8 9 0 [expand to cover 114 units for Qualifying Tenants] (E) The Ownei has obtained a "Certification of Tenant Eligibility," in the form provided as Exhibit B to the Declaration, from each Tenant named in (D) above, and each such Ceitificate is being maintained by the Owner in its records with respect to the Pioject. Attached hereto is the most recent "Certification of Tenant Eligibility' for each Tenant named in (D) above who signed such a Certification since , 20 , the date on E -C-2 LAI 35-37-690131.v9 which the last "Certificate of Continuing Program Compliance" was filed with the City by the Owner. (F) In renting the Rental Housing Units in the Project, the Owner has not given preference to any particular group or class of persons (except for persons who qualify as Qualifying Tenants and persons meeting the minimum age restrictions); and none of the units listed in (D) above has been rented for occupancy entirely by students, no one of which is entitled to file anoint return for federal income tax purposes. All of the Rental Housing Units in the Project have been rented pursuant to a written lease, and the team of each lease is at least 12 months. (G) The information provided in this "Certificate of Continuing Program Compliance" is accurate and complete, and no matters have come to the attention of the Ownei which would indicate that any of the information provided herein, or in any "Certification of Tenant Eligibility" obtained from the Tenants named herein, is inaccurate or incomplete in any respect. (H) The Project is in continuing compliance with the Declaration (I) The Owner certifies that as of the date hereof all of the Rental Housing Units in the Project are occupied or held open for occupancy by Qualifying Tenants, as defined and provided in the Declaration. (J) The Project is in continuing compliance with the Declaration. IN WITNESS WHEREOF, I have hereunto affixed my signature, on behalf of the Owner, on ,20• LA135-37-690131.v9 LAUDERDALE AH I, LLLP, a Minnesota limited liability limited partnership By Lauderdale AH I, LLC, a Minnesota limited liability company Its General Partner By: Its: E -C-3 Deed Tax Due: $ ECRV: Date: EXHIBIT F FORM OF QUIT CLAIM DEI -D FOR VALUABLE CONSIDERATION the city of Lauderdale, a municipal coipoiation under the laws of Minnesota ( `Grantor' ), hereby conveys and quitclaims to Lauderdale AH I, LLLP, a limited liability hmited partnership under the laws of the state of Minnesota ("Grantee") real property in Ramsey County, Minnesota, described as follows (hereinafter referred to as the "Property"): See Exhibit A To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging in anyway appertaining, to the said Giantee, its successors and assigns, forever, Provided: It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of that certain agreement entered into between the Grantor and Grantee on the _ day of , 2022, identified as "Purchase and Development Agreement" (hereafter refereed to as the "Agreement') and that Grantor retains the rights set forth in said Agreement. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land in accordance to the terms thereof, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor, its successors and assigns, and any successor in interest to the Property, or any part thereof against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of the provisions of the preceding section, it is intended and agreed that the Grantor and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided herein, both for and in their own right, and also for the purposes of protecting the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land 01 interest therein to, or in favoi of, which such agreements and covenants relate. The Grantor shall have the right in the event of any bleach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at F-1 LA 13 5-37-690131.v9 law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. This Deed is also given subject to: (a) The ordinances and building and zoning laws of the city of Lauderdale and State and federal laws and regulations in so far as they affect this real estate; (b) Restrictions relating to use or improvement of the premises as contained in any applicable redevelopment plan; (c) Terms and conditions of any land use approvals granted by the city of Lauderdale regarding the Project; (d) Reservation of any minerals or mineral rights to the State of Minnesota; (e) Easements of record; (f) Any restrictive covenants or other encumbrances applicable to the Property; and (g) Taxes payable subsequent to the date of this conveyance and to all special assessments and installments thereof payable subsequent to the date of this conveyance. ***Signature Page Follows*** F-2 LA 135-37-690131.v9 Ll The Grantor certifies that the Grantor does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number : ). I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. ■ ■ STATE OF MINNESOTA COUNTY OF ) ss. CITY OF LAUDERDALE, By Mary Gaasch, Mayor By Heather Butkowski, City Administrator The foregoing instrument as acknowledged before me this day of , 2022, by Mary Gaasch and Heather Butkowski, the Mayor and City Administrator, respectively of the of the city of Lauderdale, a municipal corporation under the laws of Minnesota, on behalf of the City. This instrument was drafted by: Kennedy & Giaven, Chartered 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 LA 135-37-69013 1 .v9 Notary Public Tax Statements should be sent to: Lauderdale AH I, LLLP 579 Selby Avenue St. Paul, Minnesota 55102 Attn: William Bisanz F-3 hXHIBIT A Legal Description Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's Fast Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's Fi ast Side Addition. Ramsey County, Minnesota Torrens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the North hne of Lot 1, all in Block 10, Lauderdale's East Side Addition. Ramsey County, Minnesota Abstract Property F -A-1 LA 135-37-690131.v9 EXHIBIT G FORM OF MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT (the "Assessment Agreement") is made and dated as of this day of , 2022, by and between the city of Lauderdale, a municipal corporation under the laws of Minnesota (the "City"), and Lauderdale AH I, LLLP, a Minnesota limited liability limited partneiship (the "Developer"). WITNF S S ETH: WHEREAS, the Developer is the fee owner of the property legally described on Exhibit A attached hereto (the `Development Property"), which property contains the Project described herein; and WHEREAS, on or before the date hereof, the City and the Developer have entered into a Put chase and Development Agreement (the "Agreement') concerning the Development Property; and WHEREAS, pursuant to the Agreement, the Developer has agreed to construct an approximately 114 -unit affordable senior multifamily rental housing project (the ` Project") on the Development Property and WHEREAS, the City and the Developer desire to establish a minimum market value for the Development Property and the Project to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subd. 8 attached as Exhibit B; and WHEREAS, the Assessor for Ramsey County, Minnesota has reviewed the Plans for the Project which the Developer has agreed to construct on the Development Property pursuant to the Agi eement. NOW, THEREFORE, the parties to this Assessment Agreement, in consideration of the promises, covenants and agreements made herein and in the Agreement by each to the other, do hereby agree as follows: 1. The parties agree that the Minimum Market Value of the Project and Development Property shall be $19,950,000 as of January 2, 2024 for taxes payable beginning in 2025, notwithstanding any failure to complete construction of the Project by such date. 2. The Minimum Market Value herein established shall be of no further force and effect and this Assessment Agieement shall terminate on the Termination Date. The Termination Date has the meaning given to the term in the Agreement. G-1 LA135-37-69013I.v9 3. Upon the occurrence of the Termination Date, the pasties agree to execute and record a document terminating this Assessment Agreement and providing for the release of any minimum assessment. 4. This Assessment Agreement shall be promptly recorded against the Development Property with a copy of Minnesota Statutes, Section 469.177, Subd. 8 set forth in ti,xhibit B attached hereto. 5. Neither the preambles nor the provisions of this Assessment Agreement are intended to, nor shall they be construed as, modifying the terms of the Agreement. Unless the context indicates clearly to the contrary the terms used in this Assessment Agreement shall have the same meaning as the terms used in the Agreement. 6. This Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 7. Each of the parties represents and warrants that it has authority to enter into this Assessment Agreement and to take all actions required of it and has taken all actions necessary to authorize the execution and delivery of this Assessment Agreement. 8. In the event any provision of this Assessment Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 9. The parties hereto agree that they will, from time to time, execute, acknowledge and deliver, 01 cause to be executed, acknowledged and delivered, such supplements, amendments and modifications hereto, and such further instruments as may reasonably be required for correcting any inadequate, incorrect, or amended description of the Development Property, or for carrying out the expressed intention of this Assessment Agreement. 10. This Assessment Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by all parties hereto. 11. This Assessment Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12. This Assessment Agreement shall be governed by and construed in accordance with the laws of Minnesota. * * * * * * * * * * * * G-2 LAI 3 5-37-690131.v9 By: By: STATE OF MINNESOTA ) ) ss. COUNTY OF ) CITY OF LAUDERDALE Mary Gaasch, Mayor Heather Butkowski, City Administrator The foregoing instrument as acknowledged before me this day of 2022, by Mary Gaasch and Heather Butkowski, the Mayor and City Administrator, respectively, of the city of Lauderdale, a municipal corporation under the laws of Minnesota, on behalf of the City. G-3 LAI35-37-690131.v9 Notary Public STATh OF MINNESOTA COUNTY OF ) ss. LAUDERDALE AH I, LLLP, a Minnesota limited liability limited partnership By: Lauderdale AH I, LLC, a Minnesota limited liability company Its: General Partner By: William R. Bisanz Its: President The foregoing instrument was acknowledged before me this day of 2022, by William R. Bisanz, the President of Lauderdale AH I, LLC, a Minnesota limited liability company, as the General Partner of Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. This instrument was drafted by: Kennedy & Giaven, Chartered (RHB) 150 South Fifth Street Suite 700 Minneapolis, MN 55402 (612) 337-9300 G-4 LA 135-37-690131.v9 Notary Public EXHIBIT A TO ASShSSMINT AGREEMFINT Legal Description of Development Property Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's East Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's Fast Side Addition. Ramsey County, Minnesota Tonens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the North line of Lot 1, all in Block 10, Lauderdale's East Side Addition. Ramsey County, Minnesota Abstract Property G -A-1 LA 135-37-690131.v9 EXHIBIT B TO ASSESSMENT AGREEMENT Section 469.177, subd. 8. Assessment Agreements. An authority may enter into a written assessment agreement with any person establishing a minimum market value of land, existing improvements or improvements to be constructed in a district, if the property is owned or will be owned by the person. The minimum market value established by an assessment agreement may be fixed, or increase 01 decrease in later years from the initial minimum market value. If an agreement is fully executed before July 1 of an assessment year, the market value as provided under the agreement must be used by the county or local assessor as the taxable market value of the property for that assessment. Agreements executed on or after July 1 of an assessment year become effective for assessment purposes in the following assessment year. An assessment agreement terminates on the earliest of the date on which conditions in the assessment agreement for termination are satisfied, the termination date specified in the agreement, or the date when tax inclement is no longer paid to the authority under section 469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or city assessor having the powers of the county assessor, of the jurisdiction in which the tax increment financing district and the property that is the subject of the agreement is located. The assessor shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following certification upon the agreement: The undersigned assessor, being legally responsible for the assessment of the above described property, certifies that the market values assigned to the land and improvements are reasonable. The assessment agreement shall be filed for record and recorded in the office of the county recorder or the registrar of titles of each county where the real estate or any part thereof is situated. After the agreement becomes effective for assessment purposes, the assessor shall value the property under section 273.11, except that the market value assigned shall not be less than the minimum market value established by the assessment agreement. The assessor may assign a market value to the property in excess of the minimum market value established by the assessment agreement. The owner of the property may seek, through the exercise of administrative and legal remedies, a reduction in market value for property tax purposes, but no city assessor, county assessor, county auditor, board of review, board of equalization, commissioner of revenue, or court of this state shall grant a reduction of the market value below the minimum market value established by the assessment agreement during the term of the agreement filed of record regardless of actual market values which may result from incomplete construction of improvements, destruction, 01 diminution by any cause, insured or uninsured except in the case of acquisition or reacquisition of the property by a public entity. Recording an assessment agreement constitutes notice of the agreement to anyone who acquires any interest in the land or improvements that is subject to the assessment agreement, and the agreement is binding upon them. G -B-1 LA135-37-690131.v9 CERTIFICATION BY ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible fot the assessment of the described property, hereby certifies that the market value assigned to such land and improvements at the property legally described on Exhibit A attached hereto shall be not less than $19 950,000 as of January 2, 2024 for taxes payable beginning in 2025 until termination of this Assessment Agreement. County Assessor for Ramsey County, Minnesota STATE, OF MIND ESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2022, by the County Assessor, Ramsey County, Minnesota. G -B-2 LA135-37-690131.v9 Notary Public RXHIBIT H FORM OF INVhSTMFHNT LI-i.TTFR To the City of Lauderdale (the "City") Attention City Administrator Dated: , 202 Re: $810,000 Taxable Tax Increment Revenue Note The undersigned, as Purchaser of $810,000 in principal amount of the above -captioned Taxable Tax Increment Revenue Note (the "Note"), approved by the City on 202 , hereby represents to you and to Kennedy & Giaven, Chartered, Minneapolis, Minnesota, as legal counsel to the City, as follows: 1. We understand and acknowledge that the Note is delivered to the Purchaser on this date pursuant to the Purchase and Development Agreement by and between the City and the Purchaser dated , 2022 (the "Agreement"). 2. The Note is payable as to principal and interest solely from Tax Increment from the City s Tax Increment Financing District No. 1-2, subject to the limitations contained in the Note and the Agieement. 3. We have sufficient knowledge and experience in financial and business matters, including purchase and ownership of municipal obligations, to be able to evaluate the risks and merits of the investment represented by the purchase of the above -stated Note. 4. We acknowledge that no offering statement, prospectus, offering circular or other comprehensive offering document or disclosure containing material information with respect to the City and the Note has been issued or prepared by the City, and that, in due diligence, we have made our own inquiry and analysis with respect to the City the Note and the security therefor, and other material factors affecting the security and payment of the Note. 5. We acknowledge that we have either been supplied with or have access to information, including financial statements and other financial information, to which a reasonable investor would attach significance in making investment decisions, and we have had the opportunity to ask questions and receive answers from knowledgeable individuals concerning the City, the Note and the security therefor, and that as reasonable investors we have been able to make our decision to purchase the above -stated Note. 6. We have been informed that the Note (i) is not being registered or otherwise qualified for sale under the "Blue Sky" laws and regulations of any state, or under federal securities H-1 LA135-37-690131.v9 laws or regulations, (ii) will not be listed on any stock or other securities exchange, and (iii) will carry no rating from any rating service. 7. We acknowledge that the City and Kennedy & Graven, Chartered, as legal counsel to the City, have not made any representations 01 warranties as to the status of the Note for the purpose of federal 01 state income taxation. 8. We represent to you that we are purchasing the Note for our own account and not for resale or other distribution thereof, except to the extent provided in the Note or as otherwise approved in writing by the City. 9. All capitalized terms used herein have the meaning provided in the Agreement unless the context clearly requires otherwise. 10. The Purchaser's federal tax identification number is . 11. We acknowledge receipt of the Note on the date hereof IN WITNKSS WHEREOF, the undersigned has executed this Investment Letter as of the date and year first written above. LAUDERDALE, AH I, LLLP, a Minnesota limited liability limited partnership By: Lauderdale AH I, LLC, a Minnesota limited liability company Its: General Partner By: William R. Bisanz Its: President STAT1-h; OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2022, by William R. Bisanz, the President of Lauderdale AH I, LLC, a Minnesota limited liability company, as the General Partnei of Lauderdale AH I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. H-2 LA 13 5-37-690131.v9 Notary Public Member introduced the following resolution and moved its adoption. CITY OF LAUDERDALE RESOLUTION NO. 032222E RESOLUTION APPROVING THE, SALE OF 1795 EUSTIS STREET AND AUTHORIZING EXECUTION OF THE PURCHASE AND DEVELOPMENT AGREEMENT RELATED THERETO WHEREAS, the city of Lauderdale (the "City") is the fee owner of certain real property located at 1.795 Eustis Street and legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the City has negotiated that certain Purchase and Development Agreement (the "Agreement") with Lauderdale AH I, LLLP (the `Buyer") regarding the sale and development of the Property; and WHEREAS, all actions necessary to sell the Property to the Buyer having occurred, the city council of the city of Lauderdale on this date has reviewed and approved the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Lauderdale as follows: 1. The mayor and city administrator -clerk are hereby authorized and directed to execute the Agreement on behalf of the City. 2. The mayor, city administrator -clerk and city consultants are hereby authorized and directed to take all other actions necessary or convenient to carry out the intent and purposes of this Resolution and the Agreement, including such minor adjustments to the Agreement as may be advisable for consistency with the Buyer's other financing. 786290 v2 LA135-37 1 Dated: March , 2022. Mary Gaasch, Mayor ATThST: Heather Butkowski, City Administrator -Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 786290 v2 LA135-37 2 FXHIBIT A The Property is legally described as follows: Parcel 1: Lots 1 to 6 inclusive, Block 10, Lauderdale's Fast Side Addition. Lots 23 to 30 inclusive, Block 10, Lauderdale's Fast Side Addition. Ramsey County, Minnesota Torrens Property Parcel 2: That part of the vacated alley in Block 10 lying between the extensions across said vacated alley of the South line of Lot 6 and the North line of Lot 1, all in Block 10, Lauderdale's Fast Side Addition. Ramsey County, Minnesota Abstract Property 786290 v2 LAI35-37 A-1 Member introduced the following resolution and moved its adoption. CITY OF LAUDERDALE RESOLUTION NO. 032222E RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 22-03 BY TITLE AND SUMMARY WHEREAS, the city council of the city of Lauderdale has adopted Ordinance No. 22-03, an ordinance establishing a Planned Unit Development at 1795 Eustis Street and rezoning that property to PUD -1795 Eustis Street; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 38 pages in length and includes plans and illustrations; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BF IT RESOLVED by the city council of the city of Lauderdale that the city administrator shall cause the following summary of Ordinance No. 22-03 to be published in the official newspaper in lieu of the entire ordinance: Public Notice 786922v1 On March 22, 2022, the city council of the city of Lauderdale adopted Ordinance No. 22-03, establishing a Planned Unit Development zoning district for the property at 1795 Eustis Street. The ordinance relates to the site of a proposed 114 - unit senior multifamily residential project. It includes the plans and drawings for the project and provides the zoning parameters within which the project will be constructed and operated. The full text of the ordinance is available for inspection at Lauderdale city hall during regular business hours and has been posted to the city's website. PAGE BE IT FURTHER RESOLVED by the city council of the city of Lauderdale that the city administrator keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Dated: March 22, 2022. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Administrator The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: And the following voted against same: Whereupon said resolution was declared duly passed and adopted. 786922v1 PAGE LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion X Action Resolution Work Session X Meeting Date March 22, 2022 ITEM NUMBER Turf Management STAFF INITIAL APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: As everyone who lives here knows, the soils aren't great. Under the surface is heavily com- pacted clay. The City Council made the decision a number of years ago to stop using chem- ical weed killers and fertilizers. This is a great benefit to the environment but has resulted in some rough looking turf at city buildings and parks. Staff can continue this practice but since there are alternatives, we wanted to share them. The primary reason staff want to ad- dress is we that mow a lot to eliminate weeds and maintain aesthetics. The additional mow- ing has its own environmental impact. Staff know from personal experience that there are companies that use earth friendly products and practices to improve the aesthetics and maintenance needed to keep up grass. Following are estimates and brochures from one of those companies. The ideal environmentally would be to replace the grass with something more natives but that is a large undertaking and not likely. Better managing what we have might be a good second place effort. OPTIONS: If the Council is interested in trying a new approach, take a look at the program offered by Organic Lawns by Lundseth. It takes a couple of years to see results so we would need to work the cost into the budget annually. The cost provided is for City Hall and the Public Works garage. We have discussed options with them for the baseball field but that conversa- tion can wait for another time. STAFF RECOMMENDATION: Organic Lawns by LUNSETH PO Box 23062 Minneapolis, MN 55423 Phone # 6129134899 Name/Address Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 2022 Organic Lawn Care Services Description Estimate Estimate No. 2022-15596 Early spring corn gluten meal: pre -emergent weed control + natural fertilizer Late spring/early summer 100% OMRI-certified organic fertilizer Late spring/early summer liquid iron post -emergent broadleaf weed control and mineral supplement Late summer corn gluten meal: pre -emergent weed control (for fall weeds) + natural fertilizer Fall 100% OMRI-certified organic fertilizer Fall core aeration Fall overseeding: custom -blended LUNSFTH mix Subtotal Multiple Property Discount Sales Tax Total $798.97 Organic Lawns PO Box 23062 Minneapolis, MN 55423 Phone # 6129134899 Name/Address Lauderdale Public Works 1915 Walnut Street Lauderdale, MN 55113 2022 Organic Lawn Care Services Description Estimate Date Estimate No, 6/29/2021 2022-15597 Early spring corn gluten meal: pre -emergent weed control + natural fertilizer Late spring/early summer 100% OMRI-certified organic fertilizer Late spring/early summer liquid iron post -emergent broadleaf weed control and mineral supplement Late summer corn gluten meal: pre -emergent weed control (for fall weeds) + natural fertilizer Fall 100% OMRI-certified organic fertilizer Fall core aeration Fall overseeding: custom -blended LUNSFTH mix Subtotal Multiple Property Discount Sales Tax Total O PO Box 23062 s_ D s -o tn a) D) E a) O E .E D D --0 D 0 612.913.4899 Cr; 3 W 1;6- N 0- .0 O o U 0 'c N D s V) 0 0 O } N a) D c c N c 0 O U ` 'c c E 4) 0 s D o L►- c •Q1 O a) } L D 0) D _ m E O U L ai-4N 0 D) L 0)) L 3 E O .4-. 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Our approach works for all lawns, all soil types 8( can be started at any time. There is no lawn we cannot help improve! I Iere are a few important things we would like you to know: • Organic lawn care does not happen overnight! It is a process and does require somep atience. • The best success (90-95% weed suppression) can be seen when you work our full standard program for at least 3 -full seasons. m You must have a 5-1O% tolerance for weeds (most of which provide good lawn density and are good for our pollinators). • We strongly encourage working together! With our help and practicing our recommended best cultural practices on your own, you will see the best results. Communication is key! If or when you have a concern, please let us know right away. We are more than happy to give advice and help correct issues as they arise. www. organicla wnsbylunseth. coin 3M 1; Organic Lawns J(by LUNSETH ]Y Our Standard Program What we do! Our standard program consists of 7 services completed in 4 trips to your home. Trip # 1 Early Spring Corn Gluten Meal Trip # 2 Late Spring/ Early Summer l 100% Organic Fertilizer l Liquid Iron Important things to know: » Trip # 3 Late Summer Corn Gluten Meal Trip # 4 Fall Aeration l Overseed l 100% Organic Fertlizer The timing of our applications depend on the weather. We will communicate any schedule changes 8( weather delays as soon as we can. A schedule confirmation email will be sent 1 week prior and 24 to 48 hours before your scheduled date. * TIP: To avoid these emails making their way into your junk folder, please be sure to add our emai address to your contacts list! www. organiclawnsbylunseth. coin 41 1 Organic Lawns ` YL by LUNSETH Y Our Standard Program The Product & Process Corn Gluten Meal (CGM): The Basics: • Applied in the early spring & late summer. Timing is very important! * Good weed control cannot be expected ifthefirst early spring application is missed. • A natural pie -emergent weed control that reduces the germination of many broadleaf and grassy weeds. • In order to work its best, it needs time to build up in the soil. It takes at least 3 years to achieve its best success. • It will NOT affect EXISTING weeds and grass. • CGM will PREVENT seeds from germinating, including grass seed. *Please communicate any seeding you would like to do yourself before our applications. The Science: In 1986, Nick Christians, professor of horticulture at the Iowa State University, was using corn gluten in a study of turfgrass diseases. By chance, he discovered that a naturally occurring compound found in a small part of the corn protein had an inhibitory effect on the root formation of germinating seeds. www.organiclatvnsbylunseth.com 51 COrganic Lawns K\111. lit 2tby LUNSETH ]Y Our Standard Program The Product & Process (conV Liquid Iron: The Basics: • A beneficial micro -nutrient for your lawn and a post -emergent for most broadleaf weeds. • There is one (1) treatment included in the standard program. • The treatment is targeting specifically at dandelions but also treats: Black Medic Healall Broadleaf Plantain Lawn Burweed Bull Thistle Oxalis Canada Thistle Persian & Slender Speedwell Common Chickweed Shephard's Purse Creeping Buttercup Silverweed Cinquefoil Dandelion White Clover Dovefoot Geranium Wild Camomile English Daisy Wild Geranium False Dandelion • Some weeds such as creeping Charlie, plaintain & thistle will need MULTIPLE applications to suppress. * Please contact us for additional pricing and scheduling. www. organicla wnsbylunseth. coin 61 Li uid Iron Law;ns �Organic �� by LUNSETH ur Standard Program The Product €59 Process (con 'zt) con o Once the liquid iron is absorbed, the weed's tissues oxidize and die fairly quick, turning the weed a darker color. * The grass may also discolor athirst, but will eventually recover and green up. Itis safe for children & pets to go on the lawn once it has dried. The Science: • Iron is a macro -nutrient found naturally in soil and is also used to fertlize many plants. Liquid iron is iron that has undergone chelation (key -lay -shun), a chemical process that binds the iron molecule to another substance. Chelation forms a ring- shape molecule that is more stable and easier for plants to absorb. * In simpler terms, the weed is unable to regulate the intake of the nutrient and essentially overdoses, causing the weed to die. www.organiclawnsbylunseth.com 7M Organic Lawns YL by LUNSETH ]Y ur Standard Program The Product & Process (con't) 100% OMRI Certified Organic Fertilizer: The Basics: • A balanced food for your lawn with no "fillers" or synthetic chemicals. • It contains multiple nutrients, both macro eic micro, as well as organic matter. • The nitrogen from organic sources is stored in the soil for future use, making this fertilizer a long-term release. • Helps turn your root zone into a self-sustaining environment. Nothing is wasted or washed away. ORGAF !r rERTILIZERS Feed the soil SYNTHFT!r rCPTILIZERS Feed the plant to? ORGANIC MATTER `r�( PLANT 2J NUTRIENTS. 4 PLANT •••.•••• NUTRIENTS SOIL NUTRIENTS www. otganicla wnsbylunseth. corn 81 `Organic Lawns by LUNSETH ]Y tar Standard Program The Product €9' Process (con't) Overseed: The Basics: l o Overseeding is a general term for the application of grass seed to fill in or thicken your lawn. • This is NOT a new lawn installation. Seed is sown at 2 lbs per 1000 SF • We custom blend the seed to to your sun/shade level. • Diversity is key! We select a variety of seed types and cultivars that are beneficial for all lawns because they help suppress disease, pests and weeds. • We choose cultivars that test well in the National Turfgrass Evaluation Program (NTEP) and in Minnesota. 6 Allelopathic (natural weed suppressors) 6 Low -maintenance with low nitrogen & water requirements 6 I Iigher drought -tolerance 6 High disease resistance www.organiclawnsbylunseth.com 9 [I Organic Lawns lit by LUNSETH ]Y Our Standard Program The Product & Process (con't) 1 Acration: The Basics: The most effective cultural practice that helps relieve soil compaction. With the help of equipment, we remove 1-3" plugs from your lawn and deposit them on the surface. * Please note we use multiple machines to complete this work, but they will not get into tight/small cor- ners or near all obstacles. • We recommend an aeration be done once (1) a year. It helps loosen soil to improve root growth. • It also helps improve soil moisture & water retention. • We combine overseeding with aeration which allows the new grass to help fill in the removed plugs. The holes also allow grass seed to get down into the soil. www.organiclawnsbylunseth.com 101 Organic Lawns lit by LUNSETH ]Y Our Standard Program 7 he Product & Process (con't-) Aeration (conV; The Science: Aeration helps oxygen reach your soil, which is beneficial for grass plants, soil microbes and other valuable organisms. Thatch is also controlled by opening up the soil to allow moisture and oxygen in. This helps increase microbial activity, which is responsible for thatch breakdown. • • • • • • • • • • • • • • • • •• • Vt. • SHALLOW ROOTS compacted soil • • • • • • • • •1 t- • • • 4 • • : Organic Lawns YL by LUNSETH ]Y Beneficial Extras *contact us or additional pricing Compost Tea: An application of liquid compost. In essence, it's the "espresso" version of compost. • A great boost for your lawn that also helps prevent several lawn diseases. • Contains all the beneficial bacteria found in compost without the organic matter and labor cost. Dry Compost: Adds organic matter and beneficial bacteria to your soil which are essential in aiding the organic fertilizer to feed the root zone of your lawn. • Most important for lawns that may have a nutritional deficiency or poor soil quality. www. organicla wnsbylunseth. conn 121 r- C 20: Organic Lawns %"tby LUNSETH ]Y Beneficial Extras %contact us or additionaip ricing • A carbon food source that helps create a thriving, living and productive soil that promotes root health for your lawn. Benefits: • Increases Soil Microbial Activity • Decreases Soil Compaction Increases Water Retention • Enhances Root Growth www.organiclawnsbylunsetb.com 13N Organic Lawns lit by LUNSETH Y Best Cultural Practices What you can do! Watering: • Watering is the most IMPORTANT element to a healthy lawn when applied correctly. • Lawns ONLY require 1" per week. Ifyou are unsure how to measure, ask us for a gain gauge! • Water should be applied DEEPLY & INFREQUENTLY. • Frequent watering can contribute to lawn disease, especially in hot & humid weather. Deep watering win IntiId a strong root system. . I / •■ - •• • _ • t7 p Vie it 671: 11, • • •.al li rS•• ..: g 114%9 _�l •s•eel tt„t•• • i :•+j •l +' •l•• la 's.• -•re el % •• a. l4•t •, • 1.::::.11::::asteer.IP/11:1:::114: lot r,14• •. • ,•.1 •• t:,• I •/ •• * •:'area •1-. • .. •.**. � •• • • I t • •1 . • •t • t , • R •../ •• • •' •1 .►-•••. 1.1+1•,,4 • r ••*t •• 1 t• 6 St •• .1 It. I: 41;11 ;is 14 I I. IC4 fe4a 1•.4 ": ,•.% agf r •+t. 4• . t•, • / t 4.11• dist :♦• i 1i••iN,`. tiltr Ai .9.1 P• allot4 1 • • i, • i • Ht- . ••• • 1. •t`.,:; •- 1.,• *11 II111,4• `• t t .,�. ,•' •a • . ••.•\ ••••.4 •-tet ,-, •,• :. .tet- • - ••. • •t/ ,.t• 1• t•..• le.tt=t•,., s • &• • 'r-'• • • a , • t'•* t • •tM •411 • , .• •1 a . • is R•',.t,• • • 1.14 • M. .—•4r• } .• ✓t t • VC ••1I1 •••\;*tr 111,4/• h• v e. • •e,4 . • i • • • • /.' • Best time to water? Early morning! Otherwise, the evening. www.organiclawnsbylunseth.com 141 Organic Lawns YL by LUNSETH; est Cultura' Practices What you can do! (con't) t- Mowing: o Set your lawn mower to 3" or higher (higher in the hotter months). This will help protect against weeds, disease 8( drought. a Mow often enough to avoid cutting more than 1/3 of grass blade. • Use alternating patterns. Clippings: • It's ok to leave the clippings on your lawn as they are a great food source for your soil. Just be sure to keep them out of the streets and sewers as this adds to water pollution! www.organiclawnsbylunseth.com 15H Organic Lawns by LUNSETH� mmon Concerns Creeping Charlie: Facts: A tough weed to control, but it can be done. • Loves shade and often grows into lawns from adjacent yards. What YOU can do: Once you notice it in the spring, use a heavy metal rake to rake it out. Be sine you are pulling it out by the soots! What WE can do: Liquid iron will stress it out with one (1) application, but will not get rid of it completely. * Our standard program includes one (1) application. You can request up to 3 additional applications in one season. Contact us for additional pricing! • Fall overseeding (included in the standard program) will help establish new grass that will naturally crowd out weeds. Our shade mix grows well in shady areas that Charlie would otherwise thrive. www. organicla wnsbylunseth. corn 161 \s,Organic Lawns lit by LUNSETH ]Y Common Concerns Dog Sn�� • Unfortunately, there is no magic cure. • Dilution is the best method (running the hose after you dog). • Gypsum can help with salt issues, but dog -spotting is most commonly a response to an excess of nitrogen. What WE can do: • Contact us for more information about our compost + seed repair. www. organicla wnsbylunseth. coin • 171 \i„Organic Lawns Iit by LUNSETH ]Y Common concerns Grubs: Facts: 0 A normal part of the soil ecosystem, but can cause turf damage when they exceed threshold amounts (5 per 1 SF). s Feed on grass roots, reducing the ability for grass to take up enough water and nutrients to remain healthy. Treatment: To be the most effective, treatment should be completed between the months of June and August, when the grubs are small, close to the surface and susceptible. Treating too early or too late will have no negative affect on the grub, due to size or presence in the soil. Cf 1111 %MA JAN grub deep in soil FEB grub deep in soil MAR grub deep in soil APR MAY grub grub root root feeding feeding JUN pupae JUL adult egg laying AUG SEP grub grub root root feeding feeding OCT grub deep in soil NOV grub deep in soil DEC grub deep in soil What WE can do: Contact us for more information on grub control treatr__ent and pricing. www.organiclawnsbylunsetb.com 18N Organic Lawns 111 by LUNSETH ]Y Common Concerns Japanese Beetles: Facts: • Feed on the leaves, flowers or fruit of more than 300 species of plants, whereas the grubs feed mainly on the roots of grasses. • Fly in a 3 -mile radius, so you don't necessarily know if they are laying eggs in your lawn. • Have a 1 -year life cycle, so having a problem one year doesn't mean you will the next. what YOU can do: • Handpick or knock the beetles into a bucket of soapy water to kill them. • We recommend not using Japanese beetle traps as they may attract more insects to your yard. * We do not provide treatments for Japanese beetle control. _a • _ _211 eta, www.organiclatunsbylunseth.com 191 Organic Lawns IkbyLUNSETH1M Organic Lawn Care VS. Traditional Synthetic Programs Inorganic Fertilizers: 9 Requires watering in 9 Quick release of nutrients. *If the plant does not use them, they are lost in soil quickly. 9 Uniform byproducts *Every bag is the same 9 Higher salt index, leaching & runoff potential 9 Creates short, weak grass roots 9 Creates a lawn more susceptible to drought and disease 100% Organic Fertilizer: 6 Does not require watering in 6 Nutrients are slowly released 6 Provides multiple nutrients (macro - and micro-) as well as organic matter 6 Lower salt index, leaching & runoff potential 6 Improves overall soil structure 6 Feeds your lawn while improving soil quality 6 Stored in the soil so nothing is wasted or washed away 6 Helps turn your root zone into a self-sustaining environment www.organiclawnsbylunseth.com 201 Organic Lawns Ikby LUNSETH ]Y Frequently Asked Questions Why Organic? If you've read about synthetic fertilizers, then you know people who use them are getting their lawns "hooked" on chemicals. The more you put down, the more you need. With an organic program, nothing goes to waste and nothing is washed away. Synthetic fertilizers don't replace valuable nutrients and are more susceptible to leach- ing into our lakes and rivers. The nutrients in organic fertilizers promote microbial activity and over time turn your root zone into a self sustaining environment. Most importantly, chemicals applied on our lawn negatively affect us, our children, animals, our water supply and the environment overall. Studies are now revealing the negative side affects of these chemicals in our lives. • Does organic lawn care really work? YES! We have over 10 years of organic lawn care under our belt. We have seen lawns dramatically change, naturally! Our customers have green grass that better withstands drought and is noticeably thicker than thier neighbors. Check out our reviews from all our wonderful customers on pages 19-20 • Is corn gluten mean GMO free? No, mostly all of the corn gluten from the USA comes from GMO corn. From our knowledge, we are not aware of any non-GMO corn gluten. The challenge is defining organic and sustainability. The typical agency that regulates organic food is OMRI. They will not list corn gluten as GMO free, therefore it isn't labeled as organic. www.organiclawnsbylunseth.com 211 KO`rLganic Law;ns Yby LUNSETH Frequently Asked Questions (con t� However, OMRI's main goal is to regulate the production of organic food, not lawn care. We include corn gluten meal in our program because of its ability to control weeds by using a natural product. We also use it because it is a better alternative to chemical herbicides and fertilizers. • What is your approach to weed control? 1. Corn gluten meal - a pre -emergent that takes 3 years to be its most successful and does not work against established weeds. 2. Liquid iron - a post -emergent for some broadleaf weeds. It works on best on dandelions and can work against tougher weeds like creeping Charlie with multiple applications. 3. Fall overseeding - we seed with allelopathic grass species that naturally suppress leaves. • Do you offer mowing and snow removal services? We do not offer residential mowing, gardening or snow removal services, but would be more than happy to provide referrals for certain areas. • When is the best time to seed? In the fall, as the immature seed better .withstands the cold winter than the hot summer months. • www.organiclawnsbylunseth.com 221 `Organic Lawns YL by LUNSETH ]Y Customer Reviews * I am in charge of a twenty-two unit townhouse association, and hired Organic Lawns by LUNSETH the past two summer seasons and will continue to do so in the future. They have been excellent and very professional. I had been using corn gluten meal for 4 or 5 years prior to that and had liked the results but felt the company doing the work was not responsive to my feedback. Eric and Shay certainly are. * We are VERY pleased with the organic program offered by Lunseth. We have some homeowners who are very environmentally conscious. Respecting their wishes we changed to organic in 2013. We were less than happy with our first organic fertilizer folks. In 2014 we switched to Lunseth and are extremely happy with them. They are very professional in all of their dealings [and] they tell us what products that are putting have put on our lawns...Our homeowners have actually commented on how good our grass is looking. * I was walking barefoot in my yard over the weekend and it was noticeable to me how soft the grass felt and I could depress the soil with the ball of my foot as opposed to it being hard packed. Something you're doing must be working. * Agreed; it is growing vigorously! I practically need to mow twice a week. This is a partnership! Thank you for giving me such a boost! * My wife and I had a wonderful experience so far working with Shay and Eric of Organic Lawns by Lunseth. Shay was very patient in answering all my questions - like a million of them! She explained their services in detail and she even sent me a list of do's and don'ts before each of their visits! She has been very friendly, easy to talk to and professional. We would definitely recommend them to anyone looking to do their part to the environment by going organic with the lawn care. Keep up the good work, Shay and Eric! * I had wrestled with how to get my lawn in shape for quite some time. I didn't want to dump a bunch of chemicals on it so when I saw an ad for Lunseth and their organic lawn care I decided I would give them a try. Glad I did. My lawn has gotten noticeably fuller, greener and has fewer weeds each year. I also appreciate Lunseth's proactive communication. They give me a heads up before they visit and follow-up with a detailed application report. Any questions I have are promptly answered. I recommend this service. * Let's just say we don't have green thumbs in our house and for the first time ever our yard is not a complete embarrassment. Organic Lawns by Lunseth was able to get our weeds under control, something I didn't think would ever be possible!! www. organ icla wnsbylunseth. coin 231 Organic Lawns lk by LUNSETH ]Y Customer Reviews * Before I contracted with Organic Lawns 3 years ago, I was skeptical. My daughter had used them the year before and I didn't see any noticeable difference in their lawn after one year, but I was desperate. My lawn was overtaken by dandelions, other broadleaf weeds and creeping charlie. After 20 years of trying to get rid of the weeds and creeping charlie organically myself, I was in despair that nothing would work. I was so wrong! Hire these folks!! Know at the outset that you're not going to have that enviable lush lawn until 3-4 years. I added extra liquid iron treatments for the first 2 years (it also works on some creeping charlie), plus the compost tea treatments. Last year, I purchased liquid iron on-line and applied it myself to save some money, but what is a 20 minute job for them, was a 3-4 hour job for me! This year, even before the 4th season with them started, the lawn is incredible! Even my next door neighbor noticed the difference. Across the street, my neighbors hired conventional lawn services, and their lawns don't look as good as mine. Where I hardly had any dandelions this year, they had a ton, even though they've been spraying their weeds for the same number of years as I've used Organic Lawns. Make the 3-4+ years commitment with Organic Lawns if you can. You won't regret it. * My lawn is the healthiest it has ever been. I highly recommend Organic Lawns by LUNSETH. Their methods promote a healthy, safe environment while nourishing my lawn. * This is the second year Lunseth has been treating our lawn. We were happy to find an organic treatment lawn care company that is so knowledgeable and has great service. Our lawn is very healthy! * Haven't met them, but all my e-mail communications have been answered in a timely and friendly manner. This was our first season using them so we'll see how our lawn looks next year. We are moving forward with using thein again next year. I like the idea of being able to improve my lawn without doing anything that will endanger any wildlife or insects. What good is having a lush lawn if you kill everything else? I would strongly suggest giving them a try. * My yard looked good after just one application. They have great communication through email, including follow-up advice and questions about my yard. I will recommend them to anyone. * Organic Lawns by Lunseth has earned my trust through clear and frequent communication, responsiveness and high quality service. I recommend this service to anyone who values the health of their loved ones and the well-being of their natural sur- roundings. By the way, you'll have a beautiful lawn as well. * My lawn was the worst on the block. Now it looks great. www.organiclawnsbylunseth.com 241 Organic Lawns by LUNSETH The Standard Organic Program 7 services completed in 4 separate trips to your home *Recommended for ALL types of lawns CORN GLUTEN MEAL A natural pre -emergent weed control & fertilizer that helps reduce germination of many weeds. LIQUID IRON** & 100% ORGANIC FERTILIZER Post -emergent weed control & balanced lawn food **Multiple applications of liquid iron can be re- quested for stubborn weeds. Contact us for pricing! CORN GLUTEN MEAL A natural pre -emergent weed control & fertilizer that helps reduce germination of many weeds. AERATION, OVERSEED & 100% ORGANIC FERTILIZER What to do BEFORE we arrive: • Spring clean-up (rake & remove any debris or sticks) • Mow regularly • If you want to seed, do so 2-4 weeks BEFORE we arrive What to do AFTER we arrive: • If you want to seed yourself, wait 3-4 weeks after the application or sow seed into at least %" layer of new topsoil or compost What to do BEFORE we arrive: • Mow your lawn 1-5 days before What to do AFTER we arrive: • Allow liquid iron to dry *Rainfast within 1 hour • Do not mow for at least 48 hours What to do BEFORE we arrive: • Mow regularly • If you want to seed, do so 2-4 weeks before we arrive What to do AFTER we arrive: • If you want to seed yourself, wait 3-4 weeks after the application or sow seed into at least'/" layer of new topsoil or compost What to do BEFORE we arrive: • Mow regularly • Mark ALL irrigation heads, invisible fencing, etc. **We are not responsible for anything unmarked What to do AFTER we arrive: • Daily Light Water! *Keep seed &soil moist until germination • It is ok to walk on your lawn anytime after the application. *Organic lawn care is a process, though you will see improvement the 1st season. We recommend working the standard program for at least 3 years to see the best success.