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HomeMy WebLinkAboutHRA PACKET 10282025CITY OF SAINT ANTHONY VILLAGE HOUSING AND REDEVELOPMENT AUTHORITY MEETING AGENDA Tuesday, October 28, 2025 at 7:00PM Members of the public who wish to attend the meeting may do so in person. Call To Order Roll Call Approval Of Agenda Consent Agenda Approval Of HRA Meeting Minutes CC 08 -12 -2025 HRA.PDF Public Hearings General Policy Of Business Of The H.R.A. HRA Resolution 25 -06 - Approving Fifth Amendment To Contract For Private Redevelopement Between The Housing And Redevelopement Authority Of Sainth Anthony, Minnesota, The City Of Saint Anthony Village, Doran SLV, LLC, Doran St. Anthony, LLC, And Doran SLV II, LLC Charlie Yunker, Executive Director, presenting. COVER MEMO.PDF SLVII DORAN_FIFTH_AMENDMENT_SUMMARY_MEMO.PDF RUBY_FIFTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT (V3 FR DSLVII 10.23.25).PDF DORAN ST. ANTHONY, LLC_SUBORDINATION AGT (V3 FR DSA 10.22.25).PDF HRA RESOLUTION 25 -06.PDF Staff Reports H.R.A. Commissioner Comments Information And Announcements Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3334 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our mission is to promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. A. Documents: V. VI. A. Documents: VII. VIII. IX. X. 1 CITY OF SAINT ANTHONY VILLAGEHOUSING AND REDEVELOPMENT AUTHORITY MEETING AGENDATuesday, October 28, 2025 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To OrderRoll CallApproval Of AgendaConsent AgendaApproval Of HRA Meeting MinutesCC 08 -12 -2025 HRA.PDFPublic HearingsGeneral Policy Of Business Of The H.R.A.HRA Resolution 25 -06 - Approving Fifth Amendment To Contract For Private Redevelopement Between The Housing And Redevelopement Authority Of Sainth Anthony, Minnesota, The City Of Saint Anthony Village, Doran SLV, LLC, Doran St. Anthony, LLC, And Doran SLV II, LLCCharlie Yunker, Executive Director, presenting.COVER MEMO.PDFSLVII DORAN_FIFTH_AMENDMENT_SUMMARY_MEMO.PDFRUBY_FIFTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT (V3 FR DSLVII 10.23.25).PDFDORAN ST. ANTHONY, LLC_SUBORDINATION AGT (V3 FR DSA 10.22.25).PDF HRA RESOLUTION 25 -06.PDF Staff Reports H.R.A. Commissioner Comments Information And Announcements Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3334 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.A.Documents:V.VI.A.Documents: VII. VIII. IX. X. 2 1 CITY OF ST. ANTHONY 2 HOUSING AND REDEVELOPMENT AUTHORITY MEETING 3 AUGUST 12, 2025 4 I.5 CALL TO ORDER. 6 7 Chair Webster called the meeting to order at 9:13 p.m. 8 II.9 ROLL CALL. 10 11 Present:Chair Webster, Commissioners Doolan, Elnagdy, and Jenson 12 13 Absent:Commissioner Randle 14 15 Also Present:Executive Director Charlie Yunker. 16 17 III.APPROVAL OF AUGUST 12, 2025 H.R.A. AGENDA. 18 19 Motion by Commissioner Jenson, seconded by Commissioner Doolan, to approve the August 12, 20 2025, Housing and Redevelopment Authority Agenda as presented. 21 22 Motion carried 4-0. 23 24 IV.CONSENT AGENDA. 25 A.26 H.R.A. Meeting Minutes of July 22, 2025. B.27 Claims 28 29 Motion by Commissioner Doolan, seconded by Commissioner Elnagdy, to approve the Consent 30 Agenda as presented. 31 32 Motion carried 4-0. 33 34 V.PUBLIC HEARINGS – NONE. 35 VI.36 GENERAL POLICY BUSINESS OF THE H.R.A. - NONE 37 VII.38 STAFF REPORTS – NONE. 39 40 VIII.H.R.A. COMMISSIONER COMMENTS – NONE. 41 42 IX.INFORMATION AND ANNOUNCEMENTS – NONE. 43 44 X. ADJOURNMENT. 45 46 Motion by Commissioner Doolan, seconded by Commissioner Elnagdy, to adjourn the meeting 47 at 9:15 p.m. 48 49 Motion carried 4-0. 3 Housing and Redevelopment Authority Meeting Minutes August 12, 2025 Page 2 1 2 3 Respectfully submitted, 4 Debbie Wolfe 5 TimeSaver Off Site Secretarial, Inc. 6 7 8 9 ATTEST: ________________________________Chair 10 City Clerk 11 4 MEMORANDUM To:Saint Anthony Village Housing and Redevelopment Authority From:Charlie Yunker, Executive Director Date:October 28, 2025 Request: Approving Proposed Fifth Amendment to Contract for Redevelopment with Doran SLV, LLC BACKGROUND In front of you this evening is a resolution approving a Fifth Amendment to Contract for Redevelopment with Doran SLV, LLC for the former Walmart site redevelopment, referred to as The Ruby. The initial Contract for Private Redevelopment contemplated the construction of each phase of the Ruby project to be done in two phases. Phase I is complete, and Phase II has encountered challenges to commence construction resulting in multiple extensions requested by the developer and subsequently approved by the City Council to date. Due to those ongoing market challenges, Doran SLV, LLC is requesting an additional extension of timing requirements on Phase 2. Doran SLV, LLC proposes Phase II Commencement deadline of January 1, 2028 and completion date of January 1, 2030. At the work Session on September 23, 2025 Doran SLV, LLC representative Evan Doran introduced the desire to request a two-year extension for Council consideration and to discuss the ongoing challenges resulting in the delay of commencement and subsequent extensions. At that time Council expressed its support for an extension given the circumstances, with a desire to see the Phase II site improved aesthetically until such time as construction begins. During the review process of the required documents to facilitate an extension by the City’s legal and financial advisors, it was advised that the language regarding Tax Increment Financing (TIF) for Phase II be removed. The anticipated timeline for the project completion now coming very close to the end date of the existing TIF district results in negligible TIF assistance generated for the project. As a result, staff is recommending to remove the previously approved TIF assistance has dissolved over time. Mr. Doran is on hand to further discuss their challenges, offer insight, and answer any questions the Council may have. RECOMMENDATION Staff recommends approval. ATTACHMENTS Memo from Doran SLV, LLC Fifth Amendment to Contract for Redevelopment with Doran SLV, LLC Subordination Agreement HRA Resolution 25-06 5 Doran SLV II, LLC 6423 City West Parkway Eden Prairie, MN 55344 MEMORANDUM TO: Charlie Yunker, City of Saint Anthony Executive Director FROM: Evan Doran, Doran SLV II DATE: October 22, 2025 RE: Summary of Fifth Amendment to Contract for Private Redevelopment – St. Anthony Village / Doran SLV Charlie— As owner of the parcel known as Ruby Phase II, I am coming before the City to request an amendment to our Contract for Private Redevelopment that would grant an extension of our approvals. The relevant overview is outlined below for City Staff and Council to read. Parties • Housing and Redevelopment Authority of St. Anthony, Minnesota (“Authority”) • City of St. Anthony Village (“City”) • Doran SLV, LLC (“Phase I Redeveloper”) • Doran St. Anthony, LLC (“Phase I Owner”) • Doran SLV II, LLC (“Phase II Owner and Redeveloper”) Collectively referred to as the “Parties.” Background The original Contract for Private Redevelopment was executed February 19, 2019 and recorded March 17, 2020. It has since been amended four times (June 2020, November 2020, January 2024, December 2024). This Fifth Amendment modifies project timelines for Phase II of the redevelopment due to ongoing construction market impacts and COVID- 19–related delays and the downstream ramifications of said delays including the market downturn related to interest rate increases and cost increases as a result of COVID induced inflationary pressures. Key Terms and Modifications 1. Section 4.3(a) – Phase II Construction Deadlines • Commencement Deadline: Extended to January 1, 2028 (subject to Unavoidable Delays). • Completion Deadline: Extended to January 1, 2030 (subject to Unavoidable Delays). These replace the prior deadlines (previously earlier dates under the Fourth Amendment). 6 2. Miscellaneous Provisions • Except as specifically amended, all other terms of the prior Contract for Private Redevelopment remain in full force and effect. • References to the “Contract” now include this Fifth Amendment. • The Phase II Owner/Redeveloper must reimburse the HRA for out-of-pocket legal and administrative costs associated with negotiation, drafting, and approval. • Each party represents that it has full authority to execute this document, which may be signed in counterparts and by facsimile or email signature. 4. Consents and Subordinations Two mortgage holders have provided consent and subordination to this amendment: • POEDF Levered A, LLC, by Principal Real Estate Investors, LLC (Delaware) • Bridgewater Bank, a Minnesota state banking corporation Each lender agrees that its mortgage rights are subordinate to this Fifth Amendment. Effect of Amendment • Extends development deadlines for Phase II construction. • Confirms lender consent and preserves the priority of the redevelopment agreement. • Reinforces that all previous terms, covenants, and obligations remain binding. 7 After Recording, Please Return To: Doran St. Anthony, LLC 6423 City West Parkway Eden Prairie, MN 55344 FIFTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, THE CITY OF ST. ANTHONY VILLAGE, AND DORAN SLV, LLC This Fifth Amendment ("Fifth Amendment") is made as of _______________, 2025 by and among the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body politic and corporate (the "Authority"), the CITY OF ST. ANTHONY VILLAGE, a Minnesota municipal corporation (the "City"), DORAN SLV, LLC, a Minnesota limited liability company (the "Phase I Redeveloper"), Doran St. Anthony, LLC, a Minnesota limited liability company (the "Phase I Owner") and Doran SLV II, LLC, a Minnesota limited liability company (the "Phase II Owner and Redeveloper" and, together with the Phase I Redeveloper, the "Redeveloper"). WHEREAS, the Authority, the City, and the Phase I Redeveloper entered into that certain Contract for Private Development dated as of February 19, 2019, and filed of record in the office of the Ramsey County Recorder on March 17, 2020, as Document No. A04802554, as affected by City of St Anthony Village Resolution 19-093 approving Contract for Private Redevelopment Agreement with Phase I Redeveloper, recorded March 11, 2020, as Document No. A04801670, as affected by Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 19-05, a resolution approving Contract for Private Redevelopment and awarding the sale of, and providing the form, terms, covenants and directions for the issuance of its tax increment revenue notes to Phase I Redeveloper, recorded March 11, 2020, as Document No. A04801671, as affected by the Assignment and Subordination of Development Agreement dated October 30, 2020, recorded February 11, 2021, as Document No. A04863728, as affected by Amended and Restated Assignment and Subordination of Development Agreement, dated November 24, 2020, recorded May 7, 2021, as Document No. A04882387, as affected by Amended and Restated Assignment of Subordination of Development Agreement and TIF Note dated November 24, 2020, recorded May 7, 2021, as Document No. A04882388, as affected by Amended and Restated Assignment and Subordination 8 Agreement dated July 16, 2024, recorded July 16, 2024, as Document Number A05032037 (collectively, the “Original Agreement”), as amended by (a) that certain First Amendment to Contract for Private Redevelopment by and among the Authority, the City and Phase I Redeveloper dated June 2020 (the “First Amendment”); (b) that certain Second Amendment to Contract for Private Redevelopment by and among the Authority, the City, Phase I Redeveloper, Phase I Owner and Phase II Redeveloper and Owner dated November 24, 2020 (the “Second Amendment”); (c) that certain Third Amendment to Contract for Private Redevelopment by and among the Authority, the City, Phase I Redeveloper, Phase I Owner and Phase II Redeveloper and Owner dated January 4, 2024 (the “Third Amendment”) and (d) that certain Fourth Amendment to Contract for Private Redevelopment by and among the Authority, the City, Phase I Redeveloper, Phase I Owner and Phase II Redeveloper and Owner dated December 18, 2024 (the “Fourth Amendment”) and filed of record in the office of the Ramsey County Recorder on January 28, 2025 as Document No. A05053720, and affected by (i) that certain City of St Anthony Village Resolution 20-054 approving the First Amendment (“Resolution 20-054”); (ii) that certain Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 20-05, a resolution approving the First Amendment (“Resolution 20-05”); (iii) that certain City of St Anthony Village Resolution 20-085 approving the Second Amendment (“Resolution 20-085”); (iv) that certain Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 20-08, a resolution approving the Second Amendment (“Resolution 20-08”); (v) that certain City of St Anthony Village Resolution 20-084 approving the Amended and Restated Assignment and Subordination of Development Agreement dated November 24, 2020, recorded May 7, 2021, as Document No. A04882387 (“Resolution 20-084”); (vi) that certain Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 20-07, a resolution approving the Amended and Restated Assignment and Subordination of Development Agreement dated November 24, 2020, recorded May 7, 2021, as Document No. A04882387 (“Resolution 20-07”); (vii) that certain City of St Anthony Village Resolution 23-076 approving the Third Amendment (“Resolution 076”); (viii) that certain Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 23- 02, a resolution approving the Third Amendment (“Resolution 23-02”); (ix) that certain unrecorded St. Anthony Housing and Redevelopment Authority City of St. Anthony, Hennepin County, State of Minnesota Resolution 24-02, a resolution dated June 11, 2024 (“Resolution 24-02”); (x) that certain Housing and Redevelopment Authority of St. Anthony, Minnesota Resolution 24-03, a resolution dated December 10, 2024, recorded January 28, 2025, as Document No. A05053720 approving the Fourth Amendment (“Resolution 24-03”); and (xi) that certain City of St Anthony Village Resolution 24-095 dated December 10, 2024, recorded January 28, 2025, as Document No. A05053720 approving the Fourth Amendment (“Resolution 095”). The First Amendment, Second Amendment, Third Amendment, Resolution 20-054, Resolution 20-05, Resolution 20- 085; Resolution 20-08, Resolution 20-084, Resolution 20-07, Resolution 076, and Resolution 23-02 (collectively, the “Unrecorded Agreements”), are evidenced by that certain Memorandum of Unrecorded Documents dated July 16, 2024 and recorded July 16, 2024 in the Office of the Ramsey County Recorder, as Document No. A05031978. Collectively, the Original Agreement, as amended by the Unrecorded Agreements, the Fourth Amendment, Resolution 24-03 and Resolution 095 are referred to herein as the 9 "Contract", which Contract encumbers the Phase I Property and Phase II Property legally described on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the Phase II Redeveloper has requested, and the Authority and City have agreed, to modify certain terms of the Contract arising as a result of the construction market and other causes. NOW, THEREFORE, 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: 1.Amendment to Section 3.3(c) of the Contract. Section 3.3(c) of the Contract (including subsections (i), (ii), and (iii)) is deleted in its entirety and replaced with the following: “To reimburse the remainder of the Public Redevelopment Costs incurred by Redeveloper, in connection with the construction of Phase I of the Minimum Improvements, the Authority issued and the Phase I Redeveloper purchased on June 30, 2023, one note in the maximum aggregate principal amount of $1,950,000, which was subsequently assigned to the Phase II Redeveloper. No note shall be issued in connection with construction of Phase II of the Minimum Improvements.” 2.Deletion of Section 3.3(d) of the Contract. Section 3.3(d) of the Contract is hereby deleted in its entirety and shall not be replaced. 3.Amendment of Contract regarding Notes. Only one Note was and shall be issued by the Authority pursuant to the Contract. Where multiple “Notes” are referenced (“the Notes;” “both Notes;” “each Note,” etc.), the Contract shall be amended to reference the one Note issued pursuant to Section 3.3(c). 4.Amendment of Section 4.3(a) of the Contract. (a)The second sentence of Section 4.3(a) of the Contract is deleted in its entirety and replaced with the following: “Subject to Unavoidable Delays, the Phase II Owner and Redeveloper shall commence construction of Phase II of the Minimum Improvements by January 1, 2028.” (b)The fourth sentence of Section 4.3(a) of the Contract is deleted in its entirety and replaced with the following: “Subject to Unavoidable Delays, the Phase II Owner and Redeveloper shall complete construction of Phase II of the Minimum Improvements by January 1, 2030.” 5.Resolutions. The authority of the City of St. Anthony Village to enter into this Fifth Amendment is evidenced by the resolution attached hereto as Exhibit B and the authority of the Housing and Redevelopment Authority of St. Anthony, Minnesota to enter into this Fifth Amendment is evidenced by the resolution attached 10 hereto as Exhibit C. 6.Miscellaneous. Except as amended by this Fifth Amendment, the Contract shall remain in full force and effect. Wherever in the Contract or any other instrument, reference is made to the "Contract" such reference shall be to the Contract, as amended by this Fifth Amendment. Upon execution, Phase II Owner and Redeveloper shall reimburse the Authority for all out­of­pocket costs incurred by the Authority in connection with negotiating, drafting and approval of this Fifth Amendment. Each party hereto represents and warrants to the other parties that such party has the requisite power and authority to enter into this Fifth Amendment; that all necessary and appropriate approvals, authorizations and other steps have been taken to effect the legality of this Fifth Amendment; that the signatories executing this Fifth Amendment are authorized to do so on behalf of such party; and that this Fifth Amendment is valid and binding upon and enforceable against such party. This Fifth Amendment may be executed in any number of counterparts, each of which shall be deemed an original. Facsimile or email copies of the signature pages to this Fifth Amendment shall be deemed to be originals for all purposes of this Fifth Amendment. [Remainder of the page left blank; signatures to follow] 11 IN WITNESS WHEREOF, the Authority, the City, the Phase I Owner and the Redeveloper have caused this Fifth Amendment to be duly executed by their duly authorized representatives as of the date first above written. HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by___________________ and ___________________ the Chair and Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public Authority signature page to Fifth Amendment to Contract for Private Redevelopment 12 CITY OF ST. ANTHONY VILLAGE By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by___________________ and ___________________ the Mayor and City Clerk, respectively, of the City of St. Anthony Village, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public City signature page to Fifth Amendment to Contract for Private Redevelopment 13 Doran SLV, LLC a Minnesota limited liability company By: Evan J. Doran Its:Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Evan J. Doran, the Manager of Doran SLV, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public Phase I Redeveloper signature page to Fifth Amendment to Contract for Private Redevelopment Doran St. Anthony, LLC 14 a Minnesota limited liability company By: Doran SLV, LLC a Minnesota limited liability company Its: Managing Member By: Evan J. Doran Its:Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Evan J. Doran, the Manager of Doran SLV, LLC, a Minnesota limited liability company, as Managing Member of Doran St. Anthony, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public Phase I Owner signature page to Fifth Amendment to Contract for Private Redevelopment 15 Doran SLV II, LLC a Minnesota limited liability company By: Evan J. Doran Its:Manager STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Evan J. Doran, the Manager of Doran SLV II, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public THIS DOCUMENT DRAFTED BY: Doran SLV II, LLC (ELD) 6423 City West Parkway Eden Prairie, MN 55344 (952) 641-9400 Phase II Owner and Redeveloper signature page to Fifth Amendment to Contract for Private Redevelopment 16 EXHIBIT A LEGAL DESCRIPTION PHASE I PROPERTY: PHASE II PROPERTY: Exhibit A to Fifth Amendment to Contract for Private Redevelopment 17 EXHIBIT B CITY OF ST. ANTHONY VILLAGE RESOLUTION Exhibit B to Fifth Amendment to Contract for Private Redevelopment 18 EXHIBIT C HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA RESOLUTION Exhibit C to Fifth Amendment to Contract for Private Redevelopment 19 CONSENT AND SUBORDINATION POEDF LEVERED A, LLC, a Delaware limited liability company, the holder of that certain Amended and Restated Mortgage, Assignment of Leases and Rents, Fixture Filing and Security Agreement dated July 16, 2024, filed of record with the Office of the County Recorder in and for Ramsey County, Minnesota on July 16, 2024, as Document No. A05031980 (as further amended, modified or supplemented from time to time, the "POEDF Mortgage"), hereby consents to the Fifth Amendment to Contract for Private Redevelopment to which this Consent and Subordination is attached (the "Agreement") and agrees that its rights in the property affected by the Agreement pursuant to the POEDF Mortgage or otherwise shall be subordinated thereto. IN WITNESS WHEREOF, POEDF LEVERED A, LLC, a Delaware limited liability company, has caused this Consent and Subordination to be executed this __ day of __________, 2025. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 20 POEDF LEVERED A, LLC, a Delaware limited liability company BY: PRINCIPAL REAL ESTATE INVESTORS, LLC, a Delaware limited liability company ITS: Authorized Signatory By: Name: ________________________________ Its: ___________________________________ By: Name: ________________________________ Its: ___________________________________ STATE OF _______________) ) SS. COUNTY OF _____________) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by ___________________, the _____________________ and _________________________, the ______________________ of Principal Real Estate Investors, LLC, a Delaware limited liability company, as Authorized Signatory of POEDF Levered A, LLC, a Delaware limited liability company, on behalf of the limited liability company. Witness my hand and seal. Notary Public My Commission Expires: _______________________ 21 CONSENT AND SUBORDINATION BRIDGEWATER BANK, a Minnesota state banking corporation, the holder of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 30, 2020, filed of record with the Office of the County Recorder in and for Ramsey County, Minnesota on November 4, 2020, as Document No. A04842672 as corrected and rerecorded on March 2, 2021, as Document No. A04867306 (as further amended, modified or supplemented from time to time, the "Bridgewater Mortgage"), hereby consents to the Fifth Amendment to Contract for Private Redevelopment to which this Consent and Subordination is attached (the "Agreement") and agrees that its rights in the property affected by the Agreement pursuant to the Bridgewater Mortgage or otherwise shall be subordinated thereto. IN WITNESS WHEREOF, BRIDGEWATER BANK, a Minnesota state banking corporation, has caused this Consent and Subordination to be executed this __ day of __________, 2025. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 22 BRIDGEWATER BANK, a Minnesota state banking corporation By: Name: ________________________________ Its: ___________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by ___________________, the _____________________ of BRIDGEWATER BANK, a Minnesota state banking corporation, and acknowledged that he executed the instrument on behalf of the banking corporation. Witness my hand and seal. Notary Public My Commission Expires: _______________________ 23 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (this “Subordination”) is made as of this 28th day of October, 2025, by the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a public body corporate and politic (“Authority”) whose address is at 3301 Silver Lake Road, St. Anthony, Village, Minnesota 55418, Attn: Executive Director and the CITY OF ST. ANTHONY VILLAGE, a Minnesota municipal corporation (“City”) whose address is at 3301 Silver Lake Road, St. Anthony, Village, Minnesota 55418, Attn: City Manager. RECITALS A.Doran St. Anthony, LLC (“Doran St. Anthony”), as successor in interest to Doran SLV, LLC, a Minnesota limited liability company, is the owner of certain real property situated in Ramsey County, Minnesota and legally described in Exhibit A attached hereto and incorporated herein (the “Phase I Property”). B.Colliers Mortgage LLC, a Delaware limited liability company (together with its successors and assigns the “Lender”) whose address is at 90 South Seventh Street, Suite 4300, Minneapolis, Minnesota 55402, has made or is intending to make a mortgage loan to Doran St. Anthony in the original principal amount of Forty-Three Million Three Hundred Fifty-Five Thousand and No/100 Dollars ($43,355,000.00) (the “Loan”). C.The Loan is or will be evidenced and secured by the following documents: (i)that certain Multifamily Note (the “Note”) made by Doran St. Anthony in favor of Lender dated of even date herewith in the amount of Forty-Three Million Three Hundred Fifty- Five Thousand and No/100 Dollars ($43,355,000.00); and (ii)that certain Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (“Mortgage”) dated of even date herewith and filed in the official land records of Ramsey County, Minnesota, encumbering the Phase I Property. The Note and the Mortgage and all other documents and instruments evidencing, securing and executed in connection with the Loan, are hereinafter collectively referred to as the “Loan Documents”. D.The Authority and the City are owners and holders of certain rights under that certain Contract for Private Redevelopment (as amended, modified, supplemented or assigned from time to time, the “Redevelopment Contract”) by and among, Doran St. Anthony’s predecessor-in- interest, Doran SLV, LLC, the Authority and the City dated February 19, 2019, and filed of record in the office of the Ramsey County Recorder on March 17, 2020, as Document No. A04802554. E.Pursuant to Section 7.3 of the Redevelopment Contract, the Authority and the City have agreed to subordinate their respective rights under the Redevelopment Contract to the holder of any mortgage securing construction or permanent financing. 24 NOW, THEREFORE, in consideration of the foregoing and as an inducement to Lender to make the Loan, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto represent, warrant and agree as follows: 1.Consent. The Authority and City each acknowledges that the Lender is making the Loan to Doran St. Anthony and consents to the same. Such consent shall not deprive the Authority or the City of or otherwise limit any of the Authority’s or the City’s rights or remedies under the Redevelopment Contract or TIF Note issued pursuant thereto (the “TIF Note”) and shall not relieve the redeveloper (as defined in the Redevelopment Contract, as may be assigned) of any of its obligations under the Redevelopment Contract and TIF Note; provided further, however, the limitations to the City’s and the Authority’s consent contained in this paragraph are subject to the provisions of paragraph 2 below. 2.Subordination. The Authority and the City hereby agree that the respective rights of the Authority and the City with respect to the Phase I Property under the Redevelopment Contract are and shall remain subordinate and subject to liens, rights and security interests created by the Loan Documents and to any and all amendments, modifications, extensions, replacements or renewals of the Loan Documents; provided, however, that nothing herein shall be construed as subordinating the requirement contained in the Redevelopment Contract the Phase I Property be used in accordance with the provisions of Section 10.3 of the Redevelopment Contract, or as subordinating the Authority's rights relating to any TIF Note. 3.Notice to Authority. Nothing in this Subordination shall alter, remove or affect Lender's obligation to use commercially reasonable efforts to notify the Authority or the City of the occurrence of any Event of Default given to Doran St. Anthony under the Loan Documents, in accordance with Section 7.2 of the Redevelopment Contract. The Lender shall not be bound by the other requirements in Section 7.2 of the Redevelopment Contract. 4.Statutory Exception. Nothing in this Subordination shall alter, remove or affect Lender's obligation under Minnesota Statutes, § 469.029 to use the Phase I Property in conformity to Section 10.3 of the Redevelopment Contract. 5.No Assumption. The Authority and the City acknowledge that the Lender is not a party to the Redevelopment Contract and by making the Loan does not become a party to the Redevelopment Contract, and specifically does not assume and shall not be bound by any obligations of the Doran St. Anthony to the Authority under the Redevelopment Contract, and that the Lender shall incur no obligations whatsoever to the Authority except as expressly provided herein. 6.Notice from Authority. So long as the Redevelopment Contract remains in effect, the Authority or the City agree to give to the Lender copies of notices of any Event of Default given to Doran St. Anthony under the Redevelopment Contract. 25 7.Governing Law. This Subordination is made in and shall be construed in accordance with the laws of the State of Minnesota. 8.Successors. This Subordination and each and every covenant, agreement and other provision hereof shall be binding upon the Authority, the City, and their respective successors and assigns. 9.Severability. The unenforceability or invalidity of any provision hereof shall not render any other provision or provisions herein contained unenforceable or invalid. 10.Notice. Any notices and other communications permitted or required by the provisions of this Subordination shall be in writing and shall be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated as registered or certified mail, return receipt requested, bearing adequate postage, or delivery by reputable private carrier and addresses as set forth above. 11.Transfer of Title to Lender. The Authority and the City agree that in the event the Lender, a transferee of Lender, or a purchaser at foreclosure sale, acquires title to the Phase I Property pursuant to a foreclosure, or a deed in lieu thereof, the Lender, transferee, or purchaser shall not be bound by the terms and conditions of the Redevelopment Contract except as expressly herein provided. Further the Authority and the City agree that in the event the Lender, a transferee of Lender, or a purchaser at foreclosure sale acquires title to the Phase I Property pursuant to a foreclosure sale or a deed in lieu thereof, then the Lender, transferee, or purchaser shall be entitled to all rights conferred upon the Doran St. Anthony under the Redevelopment Contract, provided that no condition of default exists and remains uncured beyond applicable cure periods in the obligations of the Doran St. Anthony under the Redevelopment Contract. 12.Amendments. The Authority and the City hereby represent and warrant to Lender for the purpose of inducing Lender to make advances to Doran St. Anthony under the Loan Documents that neither the Authority nor the City will agree to any amendment or modification to the Redevelopment Contract that in any way affects the Phase I Property without the Lender's prior written consent. [signatures to follow] 26 IN WITNESS WHEREOF, this Subordination has been executed and delivered as of the day and year first written above. HOUSING AND REDEVELOPMENT AUTHORITY OF SAINT ANTHONY, MINNESOTA By Its Chair By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by___________________ and ___________________ the Chair and Executive Director of the Housing and Redevelopment Authority of St. Anthony, Minnesota, a public body corporate and politic and political subdivision of the State of Minnesota, on behalf of the Authority. Notary Public 27 CITY OF SAINT ANTHONY VILLAGE By Its Mayor By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by___________________ and ___________________ the Mayor and City Clerk, respectively, of the City of St. Anthony Village, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 28 EXHIBIT A Legal Description of Phase I Property Real property in the City of St. Anthony, County of Ramsey, State of Minnesota, described as follows: Parcel 1: Lot 1, Block 1, Silver Lake Village 3rd Addition, according to the recorded plat thereof, Ramsey County, Minnesota. (Abstract Property) Parcel 2: Non-exclusive easements as set forth in that certain Amended and Restated Reciprocal Easement Agreement Silver Lake Village, St. Anthony, Minnesota, recorded May 4, 2004, as Document No.3751784; as amended by First Supplement to Amended and Restated Reciprocal Easement Agreement, recorded June 21, 2004, as Document No. 3764474; amended by Amendment to Amended and Restated Reciprocal Easement Agreement recorded January 14, 2005, as Document No. 3824389; as amended by that certain Second Amendment to Amended and Restated Reciprocal Easement Agreement recorded February 28, 2020, as Document No. A04799966. Parcel 3: Non-exclusive easements as contained in the Reciprocal Easements and Operating Agreement by and between Doran St. Anthony, LLC, a Minnesota limited liability company, and Doran SLV II, LLC, a Minnesota limited liability company, dated October 30, 2020, recorded November 4, 2020, as Document No. A04842671. 29 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA HRA RESOLUTION 25-06 RESOLUTION APPROVING FIFTH AMENDMENT TO CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY OF SAINT ANTHONY, MINNESOTA, THE CITY OF SAINT ANTHONY VILLAGE, DORAN SLV, LLC, DORAN ST. ANTHONY, LLC, AND DORAN SLV II, LLC BE IT RESOLVED BY the Board of Commissioners ("Board") of the Housing and Redevelopment Authority of Saint Anthony, Minnesota (the "Authority") as follows: Section 1.Recitals. 1.01.Pursuant to its authority under Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1794, as amended, the Authority has undertaken a program to promote the development and redevelopment of land identified as the Northwest Quadrant which is underutilized within the City, and in this connection created its Redevelopment Project Area No. 3 (hereinafter referred to as the “Project”) in an area (the “Project Area”) located in the City pursuant to the Act, and previously established Tax Increment Financing District No. 3-5, a redevelopment TIF district (the “TIF District”), made up of property in the Project Area. 1.02.The Authority, the City of Saint Anthony Village, and Doran SLV, LLC executed a Contract for Private Redevelopment, dated as of December 10, 2019 as amended by a First Amendment thereto dated as of June 23, 2020, and further amended by a Second Amendment thereto dated as of November 24, 2020, and further amended by a Third Amendment on December 12, 2023 (as so amended, the “Contract”), and further amended by a Fourth Amendment on December 10, 2024, providing, among other things, for the construction of certain improvements (the “Minimum Improvements”) on the property legally described in the Contract and located within the TIF District (the “Redevelopment Property”). 1.03.Due to ongoing challenging economic and financial market conditions which create hardship to secure project financing and other factors, the parties have negotiated and propose to execute a Fifth Amendment to the Contract (the “Fifth Amendment”) to extend the deadlines for the commencement and completion of construction of the Minimum Improvements, and to acknowledge certain partial assignments of Doran SLV, LLC’s rights and obligations under the Contract to Doran St. Anthony, LLC and to Doran SLV II, LLC. Section 2.Fifth Amendment Approved 2.01.The Fifth Amendment as presented to the Board is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are 30 approved by the Chair and Executive Director, provided that execution of the Fifth Amendment by such officials shall be conclusive evidence of approval. 2.02.The Chair and Executive Director are hereby authorized to execute on behalf of the Authority the Fifth Amendment and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03.Authority staff and consultants are authorized to take any actions necessary to carry out the intent of this resolution. Approved this 28th day of October, 2025, by the Board of Commissioners of the Housing and Redevelopment Authority of Saint Anthony, Minnesota. _________________________________ Chair ATTEST: _____________________________ Secretary Review for Administration: _______________________ Executive Director 31