HomeMy WebLinkAbout4.b. Considerato of Development Agreement with the Dakota County Housing and Redevelopment Authority for the Construction of Senior Housing , CITY OF ROSEMOUNT
4 EXECUTIVE SU�IARY FOR ACTION
PORT AUTHORITY MEETING DATE: DECEMBER 7, 1993
AGENDA ITEM: CONSIDERATION OF DEVELOPMENT AGENDA SECTION:
AGREEMENT WITH THE D.C. HRA. FOR SENIOR HOUSING OLD BUSINESS
PREPARED BY: JOHN MILLER, AGENDA NO.
ECONOMIC DEVELOPMENT COORDINATOR 4 .B.
�iTTACFIDSENTS: DRAFT DEVELOPMENT AGREEMENT, AP VED BY:
COOPERATION AGREEMENT, MEMO FROM D. NORDQUIST � - ,,,��
Attached for your review and consideration are draft copies of a proposed
development agreement between the Dakota County HRA and the Rosemount Port
Authority and a cooperation agreement between the HRA and the city of
Rosemount.
These agreements are the follow-up to action taken by the port authority at
its November 17, 1993 , meeting. As you will recall at that meeting, the
board endorsed in general terms the Cameo Avenue site for the proposed 40
unit senior housing building.
The development agreement establishes the responsibilities of the HRA and
port authority. In brief, they are as follows:
1. The HR.A "shall be responsible for all aspects of . . .
administering the project. °
2 . The port authority will be responsible for approxima.tely
$580, 000 for the acquisition of land and possible relocation
of residents .
� �3 . The money will come from two sources, 1) Rosemount CDBG funds
and 2) excess tax increment finance funds.
4 . The HRA will sell bonds to finance the construction of the •
building which it will operate for at least 20 years.
Both documents are presented to you for your review and for tracking
purposes . If the port authority approves the deuelopment agreement as
presented or in an amended form, both the development agreement and the
cooperation agreement will be presented to the city council .
The cooperation agreement addresses issues such as rezoning and utility
extension, items not the responsibility of the port authority.
Please see the memorandum from Diane Nordquist for more detail .
.
RECO�lENDED ACT20N: Motion to approve the (amended) development agreemnt
with the Dakota County HRA and to direct the port authority staff to
submit the documents to the city council on December 21, 1993 .
PORT AUTHORITY ACTION:
� �� �
L�AKOT.� COUNTY Housin�r�& Re��evel��ptnent�rluchc�cit�- _ -+_;_�;��o �� � �
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MEMORANDIIM
TO: Port Authority, City of Rosemount
FROM: Dakota County Housing & Redevelopment Authority
DATE: December ?, 1993
SIIBJECT: SENIOR HOUSING DEVELOPMENT AGREEMENT AND
COOPERATION AGREEMENT
Attached is a Development Agreement and Cooperation Agreement for
the proposed senior housing project in Rosemount. This Agreement
encompasses the financial and site decision that shall be agreed to
by the Rosemount Port Authority and the Rosemount City Council.
The Agreement calls far the development of a 40-unit senior housing
project by the Dakota County HRA at Cameo Avenue in between 146th
Street and Upper 147th Street.
Also, the Agreement reiterates the estimated budget presented at
the last Port Authority meeting. This budget calls for a total of
$580, 000 in funding for site acquisition, demolition, and
relocation costs which consists of the church property and at least
six residential properties. In the event that acquisition costs
exceed the estimated budget due to the need of a larger site or in
the event poor soils are encountered, the Agreement will be amended •
at that time to accommodate any changes. '
The Dakota County HRA is excited to start this project and the
possibility of providing attractive affordable senior housing in
the City of Rosemount. Once this Agreement is executed by all
three parties, the HRA will begin acquiring property pursuant to
the 1994 budget.
Tracie Chamberlin and Diane Nordquist of our office will be at your
Port Authority meeting to answer any questions you have concerning
this matter.
Attachments �
.AN EQUAL OPPORTliNITY E�iPL01�ER" � � � � �
DEVELOPMENT AGREEMENT
This Agreement is made and entered into this 7th da of Decembe 1993
Y r.
by and among THE DAKOTA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY
("DCHRA") , a public body politic and corporate, THE PORT AUTHORITY IN
AND FOR THE CITY OF ROSEMOUNT, MINNESOTA ("RPA") , a public body politic
and corporate and THE CITY OF ROSEMOUNT ("City") , a municipal
corporation organized and existing under the laws of the State of
Minnesota.
WHEREAS, DCHRA is in the process of developing and carrying out a
development within the City which it is intended will result in the
construction of a 40-unit senior rental facility (the "Project") ; and
WHEREAS, the City and RPA believe that the successful undertaking and
completion by DCHRA of the Project will be of substantial benefit to
the City and its residents; and
WHEREAS, the City and RPA desire to assist DCHRA in the development of
the Project; and
WHEREAS, DCHRA intends at this time to proceed with the acquisition of
portions of the property on which the Project is intended to be
located; and
WHEREAS, the ultimate viability and economic feasibility of the project
will require infusion of funding from sources other than DCHRA; and
WHEREAS,, the parties hereto desire to set forth their understandings as
to the sources of such funding in order to provide the DCHRA with a
level of assurance regarding the Project's longer term economic
viability; and
WHEREAS, the parties desire to enter into this Agreement pursuant to
Minnesota Statutes, Section 469.041 and 471.59, and other relevant
statutes to set forth their understandings concerning the undertaking '
of the Project.
NOW, THEREFORE, the City, DCHRA, and RPA do hereby agree as follows:
Section 1. DCHRA Proiect Activities. DCHRA shall be responsible for
all aspects of undertaking and administering the Project. Such
activities shall include, but not be limited to, the acquisition of all
properties necessary for the Project, including the use of eminent
domain if DCHRA determines such use to be necessary and desirable, the
rezoning of the Project properties and the obtaining of the financing
and construction of the Project; provided, that the City agrees to
cooperate in DCHRA's efforts to rezone the Project site to multiple
residential zoning. All acquisitions shall be undertaken in accordance
with Section 3 of this Agreement. The funding of the acquisitions
shall be as set forth in Section 2 of this Agreement.
Section 2. a. ) FundinQ. It is presently anticipated that in order to
accomplish the acquisition of all parcels necessary to undertake the
Project, it will involve the expenditure of approximately $580,000.
The City, RPA, and DCHRA agree that such acquisitions will be funded
through the use of RPA tax increment financing funds and City Community
- 2 -
Development Block Grant funds, in the years and in the amounts set
forth below:
Acquisition
Source 1994 1995 1996 1997 Totals
Rosemount TIF Funds 0 56 55 55 $166,000
City CDBG Grants *264 0 150 0 $414,000
264 56 205 55 $580,000
* Includes reprogrammed 1992 CDBG funds
b. ) Additional Fundincx. It is anticipated that the dollar amount
indicated in section 2 (a) (the "Estimated Project Acquisition Cost")
will be sufficient to permit the DCHRA to acquire and assemble a site
with the required number of square feet to facilitate construction of
the Project. In the event acquisition costs exceed the Estimated
Project Acquisition Costs due to the need to correct poor soil
conditions, the existence of environmentally "hazardous substances" as
defined at Minnesota Statutes, Chapter 115B, the need to acquire
additional land in order to comply with the City zoning or subdivision
ordinances, or due to any other factor which prevents the DCHRA from
assembling a site for the Project within the Estimated Project
Acquisition Costs, then all parties will mutually agree to equitably
fund the excess of the Estimated Project Acquisition Cost.
Section 3. Selection of Acquisition Properties. Properties to be
acquired by DCHRA shall be selected in the manner provided in this
Section. Because the funding to undertake such acquisitions will not
be available in its entirety at this time and will be provided at the '
times and in the amounts set forth in Section 2 above, it is intended
that properties will be acquired from willing sellers on a lottery
basis. DCHRA will provide notices to owners of properties on which the
Project is proposed to be located informing such owners that DCHRA is
interested in acquiring their property and that such owners should
respond if they desire to have their properties acquired by Dakota
County HRA. Owners will be further informed that properties which are
unoccupied, as well as properties the owners of which have executed
waivers of relocation benefits and services under Sate and federal law,
will be given priority in the selection process. Owners of properties
which are unoccupied and owners who have executed relocation waivers
will have their properties acquired by DCHRA on a lottery basis. If no
such owners respond, then owners who request DCHRA to acquire their
properties will have their properties acquired on a lottery basis to be
conducted by DCHRA. Properties will be acquired if and to the extent
that funding is available to DCIiRA according to the funding schedule
set forth in Section 2 above.
All parties agree and understand that the obtaining of relocation
waivers from prospective sellers of property may give rise to claims
for liability for relocation benefits or services under applicable law.
- 3 -
To the extent that any such claims arise and are found to be valid, the
amount of such claims may be considered a project cost to be shared by
the parties.
Section 4. Cooperation Agreement. It is anticipated that as of
December 21, 1993 the City and DCHRA will enter into a Cooperation
Agreement, a copy of which Cooperation Agreement is attached hereto as
Exhibit A. Such Cooperation Agreement is intended to set forth the
agreements, and payments in lieu of taxes during the operation of the
Project. DCHRA and the City agree that it may, in the future, be
necessary to make certain modif ications to the Cooperation Agreement in
order to insure the continued economic viability of the Project
subsequent to construction of the Project, and each agrees that it will
negotiate with the other in good faith concerning any such proposed
modif ications.
Section 5. Project Timinq. It is presently anticipated that if DCHRA
is able to acquire all properties on which the Project is to be
located, actual construction of the Project may commence in 1997. At
such time, DCHRA intends, subject to; applicable law and feasibility
analyses, to issue housing bonds in order to finance such development.
DCHRA intends that it will operate the Project a senior rental _
facility for a period of not less than 20 years. �hereafter, the use
may be changed with the approval of all the parties to this Agreement.��
v
Section 6. Termination of Agreement. This Agreement may be terminatec���
by written agreement of all of the parties hereto and shall be�.W o
terminated at such time as DCHRA has repaid the principal and interest�
on any bonds or other f inancing obtained to f inance construction of the
Project.
- 4 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first written above.
DAKOTA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
By
Its Chairperson
By
Its Secretary
THE PORT AUTHORITY IN AND FOR
THE CITY OF ROSEMOUNT
By
Its
By
- Its
THE CITY OF ROSEMOUNT,
MINNESOTA
By
Its
By
Its
EXHIBIT A
COOPERATION AGREEMENT
By and between
DAKOTA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
and
.
CITY OF ROSEMOUNT
COOPERATION AGREEMENT
THIS AGREEMENT entered into this 21st day of December, 1993, by and
between The Dakota County Housing and Redevelopment Authority
(herein called the "Authority") and the City of Rosemount (herein
called the "Municipality") ;
WHEREAS, the Authority has recommended a senior housing project to
the Municipality and has requested the Municipality to identify an
acceptable site for the Authority to use for the location of the
senior housing development; and
WHEREAS, at the December 7, 1993, Rosemount Port Authority meeting,
the Port Authority approved and forwarded the following site to the
Authority for consideration:
Located along Cameo Avenue between 146th Street and Upper
147th Street.
WHEREAS, the Authority will select one of two layouts on the site
for the development as described below;
WITNESSETH:
In consideration of the mutual covenants hereinafter set forth, the
parties hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project�� shall mean a rental housing
development for low or moderate income persons with a
family member aged 55 or older hereafter developed or
acquired by the Authority pursuant to Minnesota Statutes,
Section 469.017; excluding, however, any rental housing
project developed or acquired by the Authority with '
financial assistance of the United States of America
acting through the Secretary of Housing and Urban
Development ("HUD") and excluding any rental housing
project covered by any contract for loans and annual
contributions entered into between the Authority and HUD,
or its predecessor agencies.
(b) The term "Taxing Body" sha11 mean the State or any
political subdivision of taxing unit thereof in which a
Project is situated and which would have authority to
assess or levy real or personal property taxes or to
certify such taxes to a taxing body or public officer to
be levied for its use and benefit with respect to a
Project if it were not exempt from taxation.
1
c) The term "Shelter Renter" shall mean the total rentals of
a Project exclusive of any charge for utilities and
special services such as heat, water, electricity, gas
sewage disposal or garbage removal.
2. The Authority shall endeavor to develop or acquire and
administer a Project located within the corporate limits of
the Municipality containing, in the aggregate, approximately
40 rental units. The obligations of the parties hereto shall
apply to the Project.
3. Pursuant to Minnesota Statutes, Section 469.040:
(a) the project shall be exempt for all taxes of the
Municipality, Dakota County, the State of Minnesota or
any political subdivision thereof, provided, however that
when any obligations issued by the Authority to assist in
financing the development of a Project have been retired,
then the exemptions from taxes shall terminate and;
provided further, that the Authority hereby agrees to pay
when due any special assessments levied for improvements
benefitting the property; and
(b) notwithstanding the provision set forth in (a) above,
after the Project has become occupied, either in whole or
in part, and before the Authority retires any obligations
issued by it to assist in financing such Project, the
Authority shall file with the property assessor, on or
before May 1 of each year, a statement of aggregate
shelter rentals of that project collected during the
preceding calendar year; and five percent (5�) of such
rentals (but in any event not exceeding the amount which
would be payable in taxes if the Project were not exempt
from taxation) shall be charged to the Authority and
collected from it as a service charge for the services
and facilities to be furnished with respect to that '
Project, collected in the manner provided by law for the
assessment and collection of taxes. The amount so
collected shall be distributed to the several taxing
bodies in such proportions as the tax rate of each bears
to the total tax rate of those taxing bodies that would
be levied against such Project if it were not exempt from
taxation.
4. During the period commencing with the date of the acquisition
of any part of the site of the Project and continuing so long
as any bonds issued in connection with such Project remain
unpaid, the Municipality without cost or charge to the
Authority or the tenants of such Project (other than the
payments set forth in 3 above) shall:
(a) Furnish or cause to be furnished to the Authority and the
tenants of such Project public services and facilities
(not including heat, water, electricity, gas, sewage
2
disposal or garbage removal) of the same character and to
the same extent as are furnished from time to time
without cost or charge to other dwellings and inhabitants
in the Municipality;
(b) Vacate such streets, roads, and alleys within the area of
such Project as may be necessary in the development
thereof, and convey without charge to the Authority such
interest as the Municipality may have in such expenses to
the Authority or to the Municipality, cause to be removed
from such vacated areas, in so far as it may be
necessary, all public or private utility lines and
equipment;
(c) In so far as the Municipality may lawfully do so, (i)
grant such deviations from the building code of the
Municipality as are reasonable and necessary to promote
economy and efficiency in the development and
administration of Project, and at the same time safeguard
health and safety, and (ii) make such changes in any
zoning of the site and surrounding territory of such
Project as are reasonable and necessary for the
deveiopment and protection of such Project; and
surrounding territory;
(d) Accept grants of easements necessary for the development
of such Project; and
(e) Cooperate with the Authority by such other lawful action
or ways as the Municipality and the Authority may find
necessary or convenient in connection with the
development and administration of such Project.
5. In respect to the Project, the Municipality further agrees
that within a reasonable time after receipt of a written
request therefore from the Authority: '
(a) It will accept necessary dedications of land for, and
will grade, improve, pave, and provide sidewalks for all
streets bounding the Project necessary to provide
adequate access thereto (in consideration whereof the
Authority shail pay to the Municipality such amount as
would be assessed against the Project site for such work
if such site work were privately owned) ; and
(b) It will provide, or cause to be provided, water mains,
and storm and sanitary sewer mains, leading to such
Project and serving the bounding streets thereof (in
consideration whereof the Authority shall pay to the
Municipality such amount as would be assessed against the
Project site for such work if such site were privately
owned) .
3
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,
6. No Cooperation Agreement heretofore entered into between the
Municipality and the Authority shall be construed to apply to
a Project covered by this Agreement.
7. No member of the governing body of the Municipality or any
other public official of the Municipality who exercises any
responsibilities or functions with respect to the Project
during his tenure or for one year thereafter shall have any
interest, direct or indirect, in the Project or any property
included or planned to be included in the Project, or any
contracts in connection with such Project or property. If any
such governing body member or such other public official of
the Municipality involuntarily acquire or had acquired prior
to the beginning of his tenure of any such interest, he shall
immediately disclose such interest to the Authority.
8. This Agreement shall not be abrogated, changed, or modified
without the written consent of the parties hereto. The
privileges and obligations of the Municipality' hereunder shall
remain in full force and effect with respect to the Project so
long as the beneficial title of such Project is held by the
Authority.
IT WITNESS WHEREOF the Municipality and the Authority have
respectively signed this Agreement and caused their seals to be
affixed and attested as of the day and year first above written.
CITY OF ROSEMOUNT
(SEAL) (Mayor)
Attest: •
(Acting City Manager)
(City Clerk)
THE DAKOTA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
(SEAL)
(Title)
Attest:
Secretary
4
�
ROSEMQUNT PORT AOTHORITY MEETING
DECEMBER 7, 1993
* * * * *
DAROTA COONTY HOOSING & REDEVELOFMENT AUTHORITY
PROPOSED 40 IINIT SENIOR 80USING DEVELOPMENT
I. DEVELOPMENT AGREEMENT - This Agreement is to be entered into
by and among the Dakota County HRA, the RQsemount Port
Authority, and the City of Rosemount. The key items and
activities specified within the document are as follows:
A. The Dakota Caunty HRA will build and operate a 40 unit
senior housing development,
B. The City and Port Authority will provide funding
necessary for site acquisition, relocation, and
demolition.
C. The preiiminary Acquisition/Relacation/Demolition Budget
totals $580,000 and is based on the following
assumptionss
1. Acquisition of chureh property and six residential
properties based upon assessed value: $473, 000
2. Average relocation/moving benef its for six residential
properties: $ 72,000
3. Demolition of church and six residential properties
based on past experience: $ 35, 000
D. Funding sources include the City Community Development
Block Grant funds and City Tax Increment funds.
E. Modifications to the budget and/or Agreement are to be
negotiated by all parties in good faith. `
- F. The process of acquisition and relocation is based on
both the willingness of sellers and a lottery.
G. Upon execution of these Agreements, the Dakota County HRA
wili work with the City to begin site acquisition
activities.
H. It is expected that project construction will commence in
1997. At sueh time HRA wi11 issue bonds to' finance the
project and the HRA will operate the project as a senior
faci.lity for not less than 20 years.
, II. COOPERATION AGREEMENT - This Agreement is attache:d" to the
Development Agreement as Exhibit A and is to be entered into
by and between the Dakota County HRA and the City of
Rosemount. This Agreement indicates that:
A. The project site is located at Cameo Avenue in between
146th Street and Upper 147th Street
B. The project is a 40 unit senior housing deveiopment
available to lc�w and moderate ineome persons aged 55 and
older.
C. The project shall -be tax exempt with IIakota County HRA
making a payment in lieu of taxes.
D. The City agrees to supply customary utilities and grant
any necessary easements.
E. The City agrees to rezone the property ta multi-family
residential as per the City-established rezoning pracess.
F. The Dakota County HRA agrees to pay assessments for
project-related sidewalks, water and sewer. mains to be
constructed by the City.
Attachments:
1. Acquisition Budget
2. Scheme 1 - Site Map
3. Scheme 1 - Concept Plan
4. Scheme 2 - Site Map
5. Scheme 2 - Concept Plan
Rosemount Senior Site
A�c uis=ion
$��
� ��� �22. �!� .�2� ,� ��
Rosemount TIF Funds 0 56 55 55 $166,000
City CDBG Grants *264 0 150 0 �4�,14.OflQ
264 56 205 55 $580,000
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